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FLEXX SLATE TERMS AND CONDITIONS

PROCESSING AND SHIPPING

Once received your payment, processing and shipping times vary according to the type of product you have ordered. You will receive an email notification (including a tracking number) when your items are processed and ready to be shipped to your address.

Delivery time estimates for USA (unless otherwise specified or agreed). This is valid for the 48 contiguous states. For other states or countries it may take longer. 

  • Most of our samples (unless “out of stock”) are processed in 2-3 business days and usually will be shipped FREE of charge via USPS First Mail (except for the full kit of samples).
  • For classic panels, translucent panels, an standard mosaics allow 3 to 6 weeks for processing (or more for larger quantities).
  • Special mosaic tiles need 5 to 7 weeks to be processed.
  • Art Stone Creations depend on design, size and type for processing.

FOR ORDERS PLACED FROM OUTSIDE THE USA, please take into account that customs duties, clearance fees and sales tax (depending on your country/province) may apply in addition to your order and they will be required by the time of delivery. (You may wish to check with your Customs Agency – HTS code is 6803.00.50.00). 

Even if we cannot guarantee the delivery times published by our third-party carriers, they’re good estimates of how long it should take for your order to reach your location since the moment a shipping label has been created.

No orders are processed on Saturday, Sunday, major holidays or company closures.

All shipping is done by ground service when applicable. FLEXX SLATE cannot ship to AFO/FPO or PO Boxes (except for samples).

Freight service may also be arranged.

Shipping Costs

Shipping costs are automatically calculated and are shown at the time of checking out. Optionally, you can check the rates by clicking on the “calculate shipping” in the “cart” page. Your delivery time and shipping costs depend on the specific method you select at checkout. Your order’s weight also affects costs. For most of the orders, you should receive a tracking number allowing you to follow your items using the carrier’s online tracking service. If you can’t locate a package that appears as delivered, check your tracking information for delivery details or see if someone else accepted your delivery. If you still can’t find your package, contact your shipping provider or our store.

Freight

Freight charges are additional on all items. Shipments are FOB Hot Springs, AR. Palletizing is $25 per pallet. Additional freight charges apply for residential deliveries, delivery appointments and inside deliveries. Shipping costs vary depending on size and weight of package.

ORDERS

No order will be processed until the funds have cleared in our account. If you choose to pay via bank transfer or check, add 4-5 business days to our processing times estimates. A $35 charge will be imposed for any check returned by the bank.

Cancellation. Our acceptance of an order is final and binding and is not subject to cancellation by the customer. Any request to cancel is to be made in writing within 24 hours of the order date.

FLEXX SLATE LTD. CO. reserves the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right, but are not obligated, to limit the sales of our products 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 any time 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.

PAYMENTS

There is no surcharge for using your credit card to make purchases.

Powered by STRIPE, one of the most secure payment gateways, and using a 256-bit AES encryption over a SSL connection, our store can accept almost any kind of credit or debit cards: Visa, MasterCard, American Express, and Discover.

You can also opt to check out with PayPal Express.

Please make sure you provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. 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. Your credit card data is not stored in our servers.

TAX POLICY STATEMENT

We have prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases.

IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state’s department of revenue website.

FLEXX SLATE LTD. CO. COLLECTS SALES TAX in states where we have physical presence (or nexus), that is, in Arkansas.

FLEXX SLATE LTD. CO. DOES NOT COLLECT SALES TAX in any state NOT listed above because Flexx Slate Ltd. Co. is not required to collect sales or use tax in these states.

CUSTOMERS:
FLEXX SLATE LTD. CO. DOES NOT COLLECT SALES TAX if we have your exemption certificate on file.

CLAIMS AND RETURNS

Claims. We are not responsible for damages or loss occurring in transit. Merchandise must be inspected immediately upon receipt. Damages or non-conformities must be reported to Customer Service within 48 hours of receipt. Customer is responsible to note specifics about damages at time of delivery. Take pictures whenever is possible. In the event of loss or damage, immediately file a claim with the delivery carrier. If damage is concealed and not determined until the item is unpacked, keep the packing and notify the carrier immediately for an inspection.  Customer Service must be notified of missing or incorrect parts no more than 48 hours after receipt.

Returns. Please make your purchase carefully as we do not accept returns.

LIABILITY AND TERMS OF SERVICE

SECTION 1 -TERMS OF SERVICE

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.

 

SECTION 2 – LIMITATION OF LIABILITY

All users of FLEXX SLATETM products are solely responsible for compliance with local building codes and guidelines.

In no case shall FLEXX SLATE LTD. CO., 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 3 – 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 4 – 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 5 – ERRORS, INACCURACIES AND OMISSIONS

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Our Store shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Our Store shall have 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 canceled, Our Store shall immediately issue a credit to your credit card account in the amount of the incorrect price

 

SECTION 6 – 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, harm, 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 7 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless FLEXX SLATE LTD. CO.  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 8 – 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).

PRIVACY AND SECURITY POLICY

SECTION 1 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and with an AES 256 with a key size of 256 bits.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards. However, keep in mind that WE DO NOT STORE YOUR CREDIT CARD INFORMATION ON OUR SERVERS.

 

SECTION 2 – WHAT DO WE DO WITH YOUR INFORMATION?

We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, billing and shipping address, phone number and, for registered customers, a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience. We do not sell or share your personal information with anyone else.

Our secure servers protect your information using advanced encryption techniques and firewall technology.

To keep you informed about our latest offers, occasionally, we may notify you of current promotions, specials and new additions to FLEXX SLATE site. You may unsubscribe from our notifications by using the form in our “Contact Us” page.

We use “cookies” to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time. 

To provide website visitors with the ability to prevent their data from being used by Google Analytics, Google has developed the Google Analytics opt out browser add-on for the Google Analytics JavaScript (ga.js, analytics.js, dc.js).

If you want to opt out, download and install the add-on for your web browser. The Google Analytics opt out add-on is designed to be compatible with Chrome, Internet Explorer 8-11, Safari, Firefox and Opera. In order to function, the opt out add-on must be able to load and execute properly on your browser. For Internet Explorer, third-party cookies must be enabled. Learn more about the opt out and how to properly install the browser add-on here.

 

SECTION 3 – CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If, after you opt-in, you change your mind, you may ask to withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by filling the form you can find on our “Contact Us” page.

 

SECTION 4 – DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

 

SECTION 5 – THIRD-PARTY SERVICES. LINKS.

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

 

SECTION 6 – AGE OF CONSENT

By using this site, 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.

 

SECTION 7 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

WARRANTY

FLEXX SLATE® 1-Year Limited Warranty

Made of real slate, FLEXX SLATE® products inherit the durability of the natural material.  They are warranted to be free from defects in composition and workmanship.

The manufacturing warranty of FLEXX SLATE® Stone Panels is for 1 (one) year from the date of purchase, subject to sealing the stone veneer surface & edges properly. Defect is defined as a shortfall in the product to perform to FLEXX SLATE® specifications as disclosed in product literature, within industry allowable tolerances as set forth in standard, national industry protocols. This one-year express warranty is the sole warranty extended and replaces any statutory warranties to the maximum extent allowable by law. All warranty claims must be reported immediately. All products must be inspected prior to installation. If visual defects or non-conformities apparent prior to application are not reported before installing the product, the warranty will be voided.

THIS WARRANTY DOES NOT APPLY TO DAMAGE OR DEFECTS RESULTING FROM SHIPPING, ACCIDENT, ALTERATION, MISUSE, TAMPERING, NEGLIGENCE, PHYSICAL OR CHEMICAL ABUSE AND IMPROPER INSTALLATION (see the “Installation Guide” for references). INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SPECIFICALLY DISCLAIMED. ALL OTHER WARRANTIES (INCLUDING ANY WARRANTY OF MERCHANTABILITY OF FITNESS FOR ANY PARTICULAR PURPOSE) ARE HEREBY EXCLUDED. THE FOREGOING SHALL CONSTITUTE THE SOLE REMEDY OF THE CUSTOMER.

FLEXX SLATE® is subject to variation in technical specifications, including COF, due to inherent variability in the raw materials and production process. Express technical specifications are not guarantees of minimum or maximum thresholds of performance.

Natural stone products are mined and cut from natural formations. FLEXX SLATE LTD. CO. does not warrant natural stone products for shade, size, thickness, warping, cleft variations, surface finish variations, or other natural variances on stone products.

Photographic color images may not be an exact product match.

 

Implied Warranties Limited in Duration

Any implied warranty applicable to the product sale, including the implied warranty of merchantability or the implied warranty of fitness for a particular purpose is limited in duration to the duration of this written warranty or the maximum statutory period, whichever is less. Some states do not allow limitations on implied warranty duration, so the above limitation may not apply to you.

The Federal Magnuson-Moss Warranty Act limits disclaimers of implied warranties involving consumer products. To the maximum extent allowable by federal and state law, this warranty supplements or supersedes federal and state consumer goods warranty protections.

 

Implied Warranty of Fitness for a Particular Purpose

Important: before using, customer shall determine the suitability of the product for its intended use and user alone assumes all risks and liability whatsoever in connection therewith.

FLEXX SLATE LTD. CO. provides detailed information in its product literature with regard to appropriate stone applications. In these specified applications, FLEXX SLATE LTD. CO. limits the duration of the implied warranty of fitness for a particular purpose to one-year or the maximum statutory period prescribed by law, whichever is less. Failure to comply with recommended applications voids this warranty.

Unless specifically stated otherwise, floor installation refers to interior residential applications only. FLEXX SLATE does not recommend its products for use on roofs. Local building codes may dictate minimum tile performance specifications. FLEXX SLATE LTD. CO. does not warrant product installations that violate building codes.

Keep in mind that concrete and masonry substrates must be at least 28 days old. Hydrostatic pressure conditions and vapor transmission cannot exceed 3 lbs. per 1,000 sq. ft. (1.36 kg per 92.9 m2) per 24 hours using a calcium chloride test (reference ASTM).

 

Remedy Limitation & Disclaimer

If a defect in materials or workmanship is discovered within the one-year period, FLEXX SLATE LTD. CO. will either refund the price of the product or provide a replacement product after a reasonable number of attempts to remedy product defects. Buyer’s remedy is limited to replacement or repair of the defective product. No consequential (including, but not limited to labor and lost profits) or incidental damages are recoverable. FLEXX SLATE disclaims all express warranties not contained in this limited express warranty. Any representations made in connection with the sale of this product that differs from the terms of this warranty are not valid and should be brought to the attention of FLEXX SLATE immediately.

Legal Notice. Warning: Tile and installation products contain chemicals known to the state of California to cause cancer, birth defects, reproductive harm, respiratory harm or other health problems. For more product-specific information on chemical content, contact FLEXX SLATE LTD. CO.

 

How To Make  a Warranty Claim

  1. The original purchaser must notify FLEXX SLATE Sales Service Center or an authorized representative in writing 15 days of the occurrence of any defect.
  2. After notification, FLEXX SLATE or an authorized representative will inspect and/or test the product for defect and complete a Product Claim Action form. No claim will be honored without product inspection by FLEXX SLATE or an authorized representative.
  3. Upon determination that the product defect claim is valid, FLEXX SLATE will notify the purchaser in writing. FLEXX SLATE reserves the right to repair, replace or refund the originally-purchased product.

There are no guarantees or warranties, expressed or implied, beyond the terms of this expressed written warranty.

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