Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. These terms and conditions also explain all information regarding orders, returns, etc.
Please note that "The Company" and “The Company’s” refers to The RTA Store, Inc.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The RTA Store, Inc. The collective work includes works that are licensed to The RTA Store, Inc. Copyright 2009, The RTA Store, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The RTA Store, Inc. or purchasing The RTA Store, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The RTA Store, Inc. or to purchase The RTA Store, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The RTA Store, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of The RTA Store, Inc. used in the site are trademarks or registered trademarks of The RTA Store, Inc.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The RTA Store, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The RTA Store, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The RTA Store, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
The RTA Store, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The RTA Store, Inc., has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a The RTA Store, Inc. product is mistakenly listed at an incorrect price, The RTA Store, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The RTA Store, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The RTA Store, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The RTA Store, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
The RTA Store, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The RTA Store, Inc.
Descriptions of Services
YOU MUST BE AT LEAST 18 YEARS OF AGE TO PLACE AN ORDER FOR A PRODUCT AND OR SERVICES ON THIS SITE.
The Company shall provide you with the opportunity to order kitchen cabinetry, living room furniture, dining room furniture and other products offered by The Company on the Site (the Products). You hereby acknowledge and agree that any proposed design for your kitchen will be provided to you only upon your request, and on the condition precedent that you provide accurate description, plans, and measurements, and any other information requested by the Company and/or its agents, representatives, employees and/or sub-contractors in order to complete the proposed design. You hereby further acknowledge, agree and irrevocably relinquish any of your rights to bring any claim against the Company in connection with the kitchen design and agree that you bear the sole responsibility and liability for the accuracy of the description, plans, measurements and/or other information requested by the Company, and thus hereby indemnify and hold The Company harmless from any claim, loss, damage, liability or cost asserted against or incurred by you that is related to the Services provided to you by The Company and/or any of its agents, representatives, employees and/or sub-contractor. Further you understand and agree that the Services may include certain communications from The Company including, but not limited to, order approval, shipping announcements, service announcements, administrative messages, follow-up information requests and communication, and that these communications are considered part of the Sites user procedures and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augments or enhances the current Services shall be subject to these Terms. You also understand and agree that the Services are provided AS-IS and that The Company assumes absolutely no responsibility nor any liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services, and that access may involve third party fees. You are responsible for those fees including those fees association with the execution of a work order, a product and/or deliver of the above. In addition you must provide and be responsible for all equipment necessary to access, install and use the Services and/or any products purchased from The RTA Store, Inc.
You hereby represent and declare that you are of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself and the project you are considering undertaking as prompted by the theRTAstore.com website (the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) without incurring any liability and/or responsibility for any claim, loss, damage, liability or cost asserted against or incurred by you in connection with such suspension and/or termination.
You will be able to order any product offered for sale on the Site that you wish to purchase, subject to the payment, shipping and return policies hereunder. However, in the event that you order an item especially ordered or manufactured for you (the Special Order Item), you may not cancel you order after it has been approved by the Company and you will not be eligible to for any refund or exchange of the Special Order Item or any portion thereof.
You hereby acknowledge and agree to strictly adhere and abide by the following:
(a) Any order placed through the Site shall not be binding on The Company unless approved by The Company in writing and such approval sent to you; and
(b) You will remit payment in full for the entire order upon receipt of the order approval from The RTA Store, Inc., prior to the shipment of the ordered products, or any portion thereof, to you. Acceptable forms of payment are credit card, cash, money orders, cashier’s check or personal check (subject to a verification period of at least 10 days, at the sole discretion of The RTA Store, Inc.). The Company reserves the right to accept other payment instruments at its sole discretion and upon the prior written notification to you by the Company. NO C.O.D. orders will be accepted; and
(c) All delivery and shipping fees must be prepaid and are nonrefundable under any circumstances; and
(d) During promotional events, promo codes (coupon codes), must be correctly used. In the event that an incorrect promo code (coupon code) is used, you (the customer) understands you will be contacted and the correct promo (coupon code) will need to be applied, and (if applicable) additional payment will need to be collected before the order can completed; and
(e) If you reside in New York or Massachusetts, or are liable to pay any tax, including but not limited to sales tax, under the laws of the State of New York, Massachusetts, or any other proper authority, you must either supply proof of a valid resale permit, or pay the applicable amount of sales tax as directed by the New York and Massachusetts Authorities or any other applicable authority, which shall be added to your order total; and
(f) Any cancelled checks, stop payment orders, credit card disputes and charge backs (the Reverse Payment) will be subject to a $75 handling fee and in addition The Company shall be entitled to reimbursement from you of any expense and/or damages it incurred in connection with non-payment of the approved order and/or Reverse Payment, including, but not limited to reasonable attorney, legal and professional fees.
The Company reserves the right to amend the prices of the products offered for sale on the Site without prior notice.
Shipping Terms and Conditions
The Company strives to ship every order as soon as possible, however, you hereby acknowledge, agree that the Company is not responsible nor liable in any way for delays in the shipment of your order caused by stock limitations, manufacturing delays, and/or force majeure. The Company does not guarantee the delivery time of any order. Orders are usually shipped within four to twenty eight (4-28) business days from the approval of you order by the Company. In the event that the shipping date will be later than 28 days, the Company will contact you and inform you of the expected shipping time frame.
You hereby acknowledge and agree that the Company’s sole role in the shipping of your order is to procure shipping services on your behalf and arrange the shipment of your order to you on your behalf. For that purpose you hereby grant the Company the right to share with freight carriers and shipping companies your Registration Data and payment instrument as provided by you in order to arrange for the shipping of your order.
You hereby further acknowledge and agree that the Company is not a carrier nor shipper as referred to in 49 U.S.C.A. 14706, thus does not bear any responsibility and/or liability for the shipping of your order, the timely delivery thereof and/or any damages and/or expenses incurred by you in connection with such shipping, and any items ordered by you that are missing from the shipment. The shipping of your order is the sole responsibility of the freight carrier, in accordance with the terms of shipping of the applicable carrier. Thus any claim, dispute or demand regarding the shipping of your order will be taken up directly with the carrier and you hereby indemnify and hold the Company harmless from any claim, loss, damage, liability or cost asserted against or incurred by you that is related to the shipping of your order.
The Company shall obtain the applicable carriers acknowledgement that your order was collected by that carrier in good condition and in full at the facilities of the Company or another location designated by the Company.
You shall be solely responsible and liable for the shipping charges and there will be no refund shipping charges incurred by you in any event. The Company, at its sole discretion, may add the shipping charges to your order price charge you separately for the shipping of your order or may share your Registration Data and payment instrument you have provided through the Site with the applicable carrier who shall charge you directly for the shipping charges.
Receiving Terms and Instructions
IMMEDIATELY UPON ITS DELIVERY, IN THE PRESENCE OF THE CARRIERS REPRESENTATIVE, YOU SHALL PHYSICALLY INSPECT THE ORDERED PRODUCTS FOR ANY VISIBLE DAMAGE AND CONDUCT A COUNT OF THE PIECES AND PALLETS DELIVERED. If you detect any visibly damaged item or and/or if any item you have paid for is omitted from the shipment (severally and jointly Visible Damage) you must note such damage and/or omission on the carriers bill of lading and report such damage to the Company’s claims department at email@example.com within 24 hours from receipt of shipment. Note that unless you have done so, your acceptance of the shipment from the carrier is an acknowledgement that the product has been delivered in GOOD CONDITION thus relieving the carrier from any liability for the damage and/or omission and leaving you without legal recourse against the carrier and/or the Company.
In the event that any item of the shipment is received in a different condition than the condition said item was in when collected from the Company or its designated agent by the carrier who delivered your order (Concealed Damage), you must report such Concealed Damage to the Company’s claims department at firstname.lastname@example.org within 7 days from receipt of shipment. Failure to report such damage within said period shall void your rights to return such damaged item(s) and the Company shall not be liable to you in any manner in connection with such damaged item(s).
In order to remove any doubt, Visible Damages and Concealed Damages are not Factory Damages as defined hereunder and are not covered by the warranty detailed hereunder. Your sole recourse in the event that your order has sustained Visible Damage or Concealed Damage is against the carrier who delivered your order.
As used herein the term "Factory Damage" shall mean damage sustained by any product arising out of faulty workmanship, and/or any act or omission of the manufacturer directly causing damage to the ordered product. The final determination as to the existence of Factory Damage shall be vested solely in the Company, which shall make such determination in accordance with industry standards for such Product or comparable products.
The Company will replace any Factory Damaged Product free of charge, (excluding shipping costs of the defective product back to the company and the replacement product to you,) under the following terms and conditions:
You shall notify the Company immediately of the Factory Damage, immediately upon discovery (must be no later than 7 days after delivery).
You will ship the damaged item back to the Company for inspection, at the Company’s expense, upon being requested to do so by the Company.
YOU HEREBY EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR SOLE RECOURSE AGAINST THE COMPANY IN CONNECTION WITH ANY DEFECT IN THE PRODUCTS OR ANY ITEM THEREOF, IS THE REPLACEMENT OF SUCH DEFECTIVE PRODUCT UNDER THE ABOVE TERMS.
YOU ADDITIONALLY EXPRESSLY UNDERSTAND ACKNOWLEDGE, AGREE AND HOLD THE COMPANY HARMLESS FROM ANY COSTS, EXPENSES, AND/OR DAMAGES INCURRED BY YOU OR BY ANY THIRD PARTY DUE TO DELAYS IN INSTALLATION, COMPLETION OF YOUR KITCHEN, LIVING ROOM, DINING ROOM, OR ANY OTHER PROJECT YOU ARE CONTEMPLATING.
Any item purchased from the The RTA Store, Inc. may be returned to the Company in its original package, unopened and in the same condition in which it was received by you within 7 days from the date the product was delivered to you.
The following conditions shall apply to all returned items:
You will send written notification to the Company which shall be dated, and include a list of the items to be returned and their respective item codes, the date shipment was received, the invoice number under which the shipment was delivered and the reason for the return.
You will receive a refund for the returned item within 30 days from receipt of such item by the company less a restocking fee in an amount equaling 25% of the price paid for each returned item.
Shipping charges will not be refunded.
You shall bear all of the costs associated with shipping the returned items to the Company.
An order may be cancelled by written notice to the Company received within 24 hours from being placed through the Site without any penalty or cost to you. An order cancelled after 24 hours from being placed, shall be subject to the Company’s return policy, as detailed below.
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The RTA Store, Inc. products) shall be in the state or federal courts located in Dutchess County, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The RTA Store, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. The RTA Store, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The RTA Store, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The RTA Store, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
The RTA Store, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The RTA Store, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The RTA Store, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The RTA Store, Inc. in its sole discretion.
You agree to indemnify, defend, and hold harmless The RTA Store, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, The RTA Store, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with The RTA Store, Inc., The RTA Store, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The RTA Store, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The RTA Store, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Attemps to Break Security
You understand and agree that any attempt to break security or to access an account that does not belong to you will be considered a material breach of these Terms, and such breach may result in suspension or termination of the Services and possibly referral to law enforcement authorities. Unauthorized access to the sections of this Site which are restricted for the use of members only, or the telecommunications or computer facilities used to deliver the Services is a breach of these Terms whether or not such activities are a violation of law. Further, you are required to take adequate security measures to prohibit others from unauthorized access or use of the Services, including public use, and you must take prompt remedial measures upon notice of breaches or potential breaches of security.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, licensors or other partners and employees harmless from any claim or demand, including reasonable attorneys' and other legal and litigation fees, made by any third party due to or arising out of the services and/or products you procure through the Site, your violation of these Terms, or your violation of any rights of another. You further agree to reimburse the Company for any cost and/or expense incurred by the Company and/or in connection with any claim and/or proceedings arising out of the foregoing, immediately upon the relaying of a notice thereof by the Company to you.
You agree not to frame or mirror any Materials or Third Party Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of the Company or its licensors, respectively
Cancellation of Services - Legal Event
In the event a ruling, regulation or order issued by a judicial, legislative or regulatory body causes the Company to believe that these Terms and/or the Services provided hereunder may be in conflict with such rules, regulations and orders, the Company may suspend or terminate the Services, or terminate these Terms without incurring any liability whatsoever. In the event that the Company cannot arrange for reasonably comparable Services within a reasonable period of time (not less than 90 days) following such ruling, regulation or order; the Company, at its sole discretion, may thereafter permanently terminate the Services and/or these Terms without incurring any liability whatsoever.
Cancellation of Services - Technical Event
You hereby acknowledge and agree that the Company may cancel your order and/or the provision of any Services ordered, at any time after the order has been placed and prior to its shipment if the Site has experienced any technical error or complication, without incurring any liability toward you, including but not limited to any loss of profits, damages etc.
In the event that the shipment of your Order shall be prevented or delayed by reason of an event of force majeure (as here-under defined), than the following provisions shall apply:
(a) for the purposes of these Terms, the term "Force Majeure shall mean: an act of God, meteors, fire, flood, or other catastrophes, circumstances in the space environment over which the Company has no control, change or enactment of any law of any governmental agency or body which make the subject matter of these Terms illegal, national emergencies, insurrections, riots, embargoes, wars, terrorist acts or strikes, lockouts, work stoppages or other labor difficulties and worldwide shortage of any necessary component or material relating to any the Products, to the extent it shall have a direct adverse influence on the ability of the Company to fulfill its obligations hereunder;
(b) the Company shall serve a notice of the occurrence of the event of force majeure to you;
(c) for as long as the event of force majeure continues, the Company shall be relieved from fulfilling its undertakings and obligations under these Terms, provided that such release shall lapse immediately after the event of force majeure has ceased or has been discontinued and
(d) in the event that the event of force majeure shall continue uninterrupted for a period exceeding 3 months, than the Company shall so notify you and you will be entitled to cancel your order or the undelivered portion thereof with no legal consequences to you or to the Company, and you will receive a refund for payments made for the undelivered portion of your order excluding shipping costs if any.
Limitations of Liability
THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDING (WITHOUTOUT LIMITATION TO THE FOREGOING) ECONOMIC LOSS, LOSS OF PROFITS, BUSINESS OPERATING TIME OR USE, HOWSOEVER ARISINGSING IN CONNECTION WITH THE PRODUCT. IN NO EVENT SHALL THE COMPANY LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT FROM DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE PRODUCT, ITS ACCOMPANYING SOFTWARE, OR ITS DOCUMENTATION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. YOU HEREBY EXPRESSLY, VOLUNTARILY AND IRREVOCABLY AGREE THAT THE COMPANY IS NOT AND SHALL NOT EVER BE LIABLE, RESPONSIBLE OR IN ANY WAY ACCOUNTABLE FOR ANY INJURY TO, OR DEATH OF ANY PERSON OR PERSONS WHO MAY AT ANY TIME BE USING THE PRODUCTS, SERVICES OR ANY OF THEM FOR YOUR PURPOSES, REGARDLESS OF THENATURE OR CAUSE OF SUCH INJURY, DAMAGE OR DESTRUCTION, INCLUDING WITHOUT LIMITATION, THE NEGLIGENCE OF THE COMPANY. YOU HEREBY EXPRESSLY, VOLUNTARILY AND IRREVOCABLY AGREE THAT THE COMPANY IS NOT AND SHALL NOT EVER BE LIABLE, RESPONSIBLE OR IN ANY WAY ACCOUNTABLE TO YOU, YOUR EMPLOYEES, SERVANTS, CUSTOMERS OR INVITEES, NOR TO ANY OTHER PERSON, FOR ANY LOSS, DESTRUCTION OR DAMAGE CAUSED DIRECTLY OR INDIRECTLY BY THE ANY PRODUCT AND/OR SERVICE PROVIDED BY THE COMPANY OR TO ANY GOODS, WARES, MERCHANDISE, FIXTURES OR ANY OROTHER PROPERTY STORED, KEPT, MAINTAINED OR DISPLAYED IN, ON OR BY THE PRODUCTS OR ANY OF THEM. YOU HEREBY EXPRESSLY UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY IN CONNECTION WITH THE PURCHASE OR USE OF THE PRODUCT IS THE REPLACEMENT OF A DEFECTIVE PRODUCT OR ANY DEFECTIVE COMPONENT THEREOF WITH AN IDENTICAL OR SIMILAR ITEM IN ACCORDANCE WITH THESE TERMS. YOU HEREBY EXPRESSLY WAVE ANY OTHER LEGAL AND/OR EQUITABLE RIGHT YOU MAY HAVE AGAINST THE COMPANY IN CONNECTION WITH THE PURCHASE OF A PRODUCT. YOU HEREBY AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT YOU ADDITIONALLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT THE COMPANY IS NOT LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY MISTAKES, ERRORS, MISCALCULATIONS, INACCURACIES OR OVERSIGHTS IN AN ORDER MADE ON THE BASIS OF YOUR DESIGN OR A DESIGN SHEET AND NO RETURNS OR REPLACEMENTS WILL BE ALLOWED ON THESE GROUNDS OR ON THE GROUND OF UNMATCHING CABINETS OR ANY OTHER ITEMS ORDERED ON THERTASTORE.COM.
Limited Product Warranty
You hereby acknowledge and agree that the Company is not a manufacturer or importer of any Product. The Products are subject to the Limited Warranty and representations of the applicable manufacturer as detailed in the Manufacturer’s Warranty Certificate if any.
THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANYS SOLE WARRANTY IS THAT UPON THE FULFILLMENT AND EXECUTION OF ALL THE STIPULATIONS, PROVISIONS, REQUIREMENS AND SPECIFICATIONS OF THESE TERMS, THE COMPANY SHALL SUPPLY THE ORDERED PRODUCTS.THIS DISCLAIMER BY THE COMPANY IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Customer hereby acknowledges and agrees that Company is in no way responsible and/or liable for the breach of the Warranty terms by Customer or by the manufacturer of the Product or any component thereof.
Limited site Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE AND CONTENT FROM OR THROUGH THIS WEB SITE ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND THE COMPANY AND THE SITE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM POSSESSION OR USE OF THIS WEB SITE (INCLUDING SERVICES PROVIDED BY THIRD PARTIES TO USERS OF THIS WEBSITE, PAYMENT FOR SUCH SERVICES BY USERS OF THIS WEBSITE, DATA LOSS, CORRUPTION OR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES OR AT THE SITE) OR SOFTWARE PROVIDED, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. THE REMEDIES AVAILABLE UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERYONE. ALL WARRANTY CLAIMS SHALL BE MADE DIRECTLY TO THE COMPANY, DISTRIBUTOR, OR MANUFACTURER PROVIDING GOODS OR SERVICES.YOUR SOLE REMEDY AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY AND THE SITE IN CONNECTION WITH THE SERVICES IS THE CANCELLATION THE REPLACEMENTOF DAMAGED PRODUCTS, IN ACCORDANCE WITH THE TERMS ABOVE, WITHOUT CHARGE TO YOU EXCLUDING SHIPPING COSTS OF SUCH REPLACEMENT PRODUCTS WHICH SHALL BE PAID EXCLUSIVELY BY YOU. NO ADVICEOR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANYTHROUGH THE SITE OR THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Third Party Content
You acknowledge that your unauthorized use of any materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly and solely responsible for your actions or the actions of any person using your screen name and/or password. As such, you agree to hold the Company entirely harmless from and against any and all costs, damages, liabilities and expenses (including attorney’s fees) incurred by the Company in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name and/or password (including without limitation your participation in any chat rooms) violates any applicable law or regulation, or the rights of any third party.
Descriptions of, or references to, products or publications within the thertastore.com service does not imply endorsement of that product or publication. The Company and the Site makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of this Web site.
Links to Third Party Sites
This site contains links to other Internet sites. Because the Company has no control over such sites and resources, you acknowledge and agree that neither the Company nor the Site are responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that neither the Company nor the Site will be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Preservation of Content
You acknowledge and agree that the Company may preserve content you have submitted for publication within the Site and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms;
(c) respond to claims that any such content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of the Company, its users and the public.
The Company does not warrant the availability of the Site and/or any portion thereof, or that the Site will operate uninterrupted or error-free. This Site or any portion thereof may be suspended from time-to-time for scheduled maintenance, for unscheduled down-time, or for any other reason without notice. While the Company takes reasonable precautions to prevent problems, the Company is not responsible for any deletion, alteration or loss of data due to network or system outages, file corruption, accidental deletion or any other reasons. The Company makes no guarantees as to server reliability, performance, speed or consistency, and cannot be held liable for such. Subscriber understands that the Site is available on an "as-provided" basis.
You agree to use the Site and infrastructure at your own risk. The Company makes no guarantee of the accuracy, correctness or completeness of any information on the Site and is not responsible for any errors, omissions or delays arising from the use of such information.
All information and screens appearing on this Site including documents, products, software and services, graphics, text elements, Site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of the Company unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the Company.
THE COMPANY RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS, AND WE ASK OUR USERS TO DO THE SAME. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED ON THE SITE IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND APPEARS ON OUR WEBSITE, PLEASE PROVIDE THE FOLLOWING INFORMATION TO THE COMPANY:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed
A description of where the material that you claim is infringing is located on the site, your address, telephone number, and email address
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf
In the event that the Company determines, in its sole discretion, that an order of Services may be fraudulent, we reserve the right to refuse or cancel any such order and/or offer, for any reason, at any time, and whether or not the order has been approved.
Assumption of Risk
There is a risk that other users may attempt to access your computer through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the using the Site and you agree to take full responsibility for taking adequate security precautions and safeguarding your data from loss.
Limitation of Advice
This service is designed to provide accurate and authoritative information with respect to the subject matter covered. It is provided with the understanding that the Company is not engaged in rendering legal, accounting, or expert services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
Errors, Omissions, and Changes
While the Company attempts to ensure the accuracy of any materials presented within this Site, the Company makes no warranties or representations as to its accuracy, and the user of this Site is warned that this service could include typographical errors, technical inaccuracies, and/or other errors or omissions. The Company reserves the right to make improvements and/or changes in this service at any time, and we reserve the right to make changes to our site and these disclaimers, terms and conditions at any time. Product prices that are listed on this Site are subject to change at the sole discretion of the Company. In the event that a product is listed at an incorrect price or with other incorrect information due to a typographical or other error, the Company has the right to refuse or cancel any orders placed for the Product listed incorrectly.
Applicable Law & General Terms
These Terms, any other policies or guidelines referenced herein contained in the Site constitute the entire agreement between the Company and you.
These Terms govern your use of the Services, superseding any prior agreements between you and the Company with respect to the subject matter of these Terms.
You also may be subject to additional terms and conditions that may apply when you use or purchase certain affiliate services, third-party products or third-party services.
This site is created and controlled by the Company, in the State of New York, USA, and it can be accessed from all 50 states and the District of Columbia, as well as from other countries around the world. These Terms and the relationship between you and The RTA Store, Inc. and thertastore.com will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and the Company hereby expressly and freely agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dutchess, New York.
The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that if a claim, suite or action is filled in connection with your order of the Products, these terms, or the Site, the losing party shall pay the attorney and legal costs incurred by the winning party in connection with said claim, suite or action.
The Company controls and operates this Site from its headquarters in the United States of America and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
The section titles and paragraph headings in these TERMS are for convenience only and have no legal or contractual effect.
You understand that all products** sold by The RTA Store, Inc. are "ready to assemble" products.
**Some products may come assembled. Please note that most, if not all of our products are manufactured overseas (in most cases China) and then shipped to our wholesalers distribution warehouses here in the USA.
The RTA Store, Inc., reserves the right to cancel any order before shipment and will issue a full refund to the customer.