This website is operated by Architessa. Throughout the site, the terms “we”, “us” and “our” refer to Architessa. Architessa offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Architessa, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Architessa and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
The Terms and Conditions (“Terms”) contained herein apply to all quotations and offers made by Architectural Ceramics, Inc. (Architessa) and to all purchase orders accepted by Architessa. These Terms may in some instances conflict with some of the terms and conditions affixed to a Buyer’s purchase order or to any other procurement document issued by the Buyer. In such cases, the Terms contained herein shall govern, and acceptance of Buyer’s order is conditioned upon Buyer’s acceptance of the Terms and Conditions herein, irrespective of whether the Buyer accepts these conditions by written acknowledgement, by implication, by acceptance of products ordered, or by payment for products ordered. Architessa’s failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of the provisions herein. Any changes to the Terms contained herein must specifically be agreed to in writing, signed by an officer of Architessa before becoming binding on either party. Architessa reserves the right at any time to amend these Terms and Conditions, and Buyer shall be deemed to accept such amended Term and Conditions by ordering products offered after the date of such amendment.
Any product sold or provided by Architessa shall be deemed accepted by Buyer upon delivery. Claims for damage, shortage or errors in shipping must be recorded on the original receiving documents and reported within twenty-four (24) hours following delivery to Buyer. It is the Buyer's responsibility to inspect all merchandise prior to installation. If for any reason the material is incorrect or unacceptable for installation, Buyer shall make such claim to Architessa, in writing, before installation. Architessa's liability in respect to all claims shall be limited to accepting the return of incorrect or unacceptable product before installation, and then only after Architessa has been notified in writing that the material is incorrect or unacceptable and has had the opportunity to inspect the product and conduct its own investigation. All original packaging materials must be kept until after inspection. Subsequent to any investigation, Architessa shall have the right to supply substitute products. If substitute products are to be supplied, Architessa shall have up to 90 days following the conclusion of Architessa’s investigation to so substitute. All claims for incorrect or unacceptable product should be received in writing within 30 days from shipment date and prior to installation. Installation of product is deemed acceptance of product and Architessa shall not be liable for, and will not recognize, claims made after the start of the installation including claims of incorrect product; claims of incorrectly sized, colored, shaded, calibrated, or packaged product; claims of product not matching prior shipments; and/or any other product claims. Architessa shall not be responsible for improper installation of products.
Architessa uses reasonable efforts to have representative samples of our products on hand in our showrooms, however, shade and size variations are normal and are expected from stone, manufactured and handmade tiles. All natural stones are a product of nature thus Architessa offers no guarantees on variations in color or vein. The customer understands and accepts the nature of the materials they buy. All Architessa tiles are nominal sizes. Sizes and prices include recommended joint allowances and joints shall not be deducted.
Loose representative samples can be checked through the reception area for a deposit fee equal to the Retail price. Representative means that it may not be the lot that you end up purchasing. You may request and pay for lot samples or photos for approval for some of our products. Loose samples must be returned within one week of checkout in order to receive a full return of deposit. If samples are not returned within this time frame your deposit may be forfeited. Loose samples and decorative pieces that are not readily available can be ordered as a sale and are not returnable. Manager may check out boards for 24 hours for presentations at a standard price.
Construction projects change during the process. Take offs (measuring and providing quantities needed) done by Architessa will be for the purpose of a general estimate for the project and are not for ordering. Architessa accepts no responsibility for quantities and measurements. It is the responsibility of the purchaser and/or you to ensure the quantities are accurate. Architessa is not a contractor or installer and does not contract with or act as an agent for tile installers. When Architessa recommends a licensed contractor to work or install a product we sell it is a recommendation only and Architessa shall not by virtue of its recommendation of a contractor be deemed to be a contracting party or an agent of the contractor. The client is solely responsible for hiring or contracting with contractors or laborers for the installation of products sold by Architessa.
All special orders and stock orders require a 100% deposit at the time of the order. Only approved licensed trade house accounts may order without a deposit if within their credit limit. There will be a 1.5% per month finance charge for balances due over 30 days and you shall be responsible for all costs of collection including attorneys' fees up to 25% of past due balance plus additional costs incurred by Architessa in collecting any overdue amounts. All payments made will be applied to the oldest invoices. All order cancellations must be received within one business day of the initial order after assurance that the order may be cancelled and hasn’t shipped. Any orders cancelled thereafter including materials in transit may only be cancelled at Architessa's sole discretion.
Architessa shall use reasonable efforts to expedite the manufacture and shipping of your order. However, there are many circumstances outside of Architessa's control in producing and moving product. Our quotes for special order are not based on quotes that the manufacturers and trucking companies provide to us and cannot be guaranteed. Please do not schedule installation until you have received all your material and inspected it. No materials may be returned for any reason for special order products and for stock 30 days following the date Architessa’s receipt of material in our warehouse or shipment for the manufacturer whichever is shorter.
Shipping products from vendors across the country is an expensive proposition. Many companies choose to show only very limited varieties which they can obtain locally or have in stock. Our business has been built on showing a vast array of product that comes from many countries and manufacturers; therefore most items are not stock but must be shipped. We ship and quote prices only from bona-fide trucking companies that we believe are competitive. Please be aware that in many cases freight is assessed to you and is your responsibility. These charges are from the manufacturers to us not to your job; unless the material is drop shipped. Delivery to your location is a separate charge payable by you.
With specialty products if the vendor permits and unless otherwise instructed by the customer we will drop ship directly from the vendor to a location designated by the customer. All drop shipments are curbside only. It is required that the customer or their agent be at the job site at time of delivery to inspect materials for correct quantities and verify the accuracy of the material ordered. If the job site is unattended the carrier will not deliver the material and the material will be brought back to the carrier's warehouse adding additional costs. Delivery charges will not be refunded and any subsequent delivery will be charged separately. Architessa is not responsible for items damaged by the carrier. Drop shipped products will otherwise be governed by the terms and conditions contained herein.
All shipments by Architessa are F.O.B. Architessa’s facility, or, if applicable, the facility of an Architessa affiliate or agent. Title and risk of loss or damage to products passes to Buyer upon delivery to Buyer if delivered in Architessa’s trucks, or in the case of a common carrier, from Architessa’s facility, or, if applicable, the facility of an Architessa affiliate or agent. Buyer acknowledges and agrees that delivery dates, when quoted, are estimates only and may change. Many factors delay shipments. Architessa uses reasonable efforts to deliver in accordance with quoted delivery dates. However, Architessa shall not be liable for nonperformance or delays caused by a shortage of raw materials, manufacturing problems, delivery or labor problems, priorities, acts of regulatory agencies or judicial bodies, discontinuation of a product line, acts of God or third parties, infringement claims, or other causes beyond its reasonable control.
Architessa reserves the right to make delivery in installments. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay of any shipment shall not relieve the buyer of its obligation to accept remaining installments. In the event that Architessa’s ability to supply products becomes constrained, for any reason whatsoever, Architessa may reduce quantities, delay shipments, or allocate products among its customers at its discretion.
If part or all of the products are to be delivered from outside of the continental borders of the United States, and such products are not available for any reason, then Architessa may in its reasonable discretion replace the same with like products, but shall be under no obligation to do so. If Architessa does not replace same, then Architessa shall notify Buyer within a reasonable period of time and as Buyer’s sole and exclusive remedy Architessa shall give Buyer credit based upon Buyer’s prepayments, if any, for the products.
All deliveries are curbside only. It is required (or a release needs to be signed) that customer or their agent is at the jobsite at time of delivery to inspect materials for correct quantities and material ordered. If the job site is unattended Architessa will not deliver the material the material will be brought back to our warehouse. Delivery charges will not be refunded and any subsequent delivery will be charged separately. Any product not scheduled for delivery or picked up within thirty (30) days after notice that it is available at our warehouse will be subject to a storage fee of 1% of the invoice price for each month or partial month after the initial thirty (30) day notice. Product not picked up or scheduled for delivery within six (6) months after notice of availability will be considered abandoned and may be disposed of as Architessa deems appropriate.
Special order, non-stock, and all setting material (including mortar, thinset, caulk, grout, sealer, cleaner) are not returnable. Any stock tile can be returned with a 25% restock fee provided that all of the following are met (i) material must be returned in full box quantities if sold in that manner; (ii) all returns must be received by Architessa within 30 days of the date that Client’s designated contact is notified that the material was fully available to be picked up or delivered from Architessa; (iii) all material must be in resalable condition; and (iv) the dye lot has not changed for the material. All returns for materials originally paid for by check that are eligible for return shall have a check issued and mailed out within two weeks of return of goods. Returns paid by credit card will be credited back to the same credit card that was used for the purchase within two weeks of the return. Returns made by trade account holders will be credited to their account. The trade account holder may request a refund check if their account has a credit balance. Refunds are not automatically given. All returns will only be refunded to the person in whose name the material was purchased originally. Our liability will never exceed the cost of the materials. Installation constitutes full and complete acceptance. Absolutely no claims will be considered after partial or complete installation.
Architessa warrants only to its immediate Buyer, and to no other person, that its products will, on the date of shipment, meet the terms of Architessa's Quote Confirmation or Sales Order pursuant to which such products were sold.