Terms of Service - ChromaLuxe
Chromaluxe

Terms of Service

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party unless legally required to do so to the appropriate governmental or judicial authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

This Company’s logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this web site are trademarked.

Communication

We have several different email addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

This company is registered in the United States, 2600 Grassland Drive, Louisville, KY 40266.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of the United States govern these terms and conditions. By accessing this you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by email or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to reread this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Terms & Conditions (Europe)

  1. These general conditions apply to all offers, orders, purchase and sale agreements, by, with and from Universal Woods. All deviations are subject to prior written consent of Universal Woods. General conditions of the customer are explicitly excluded.
  2. Offers from Universal Woods are valid for a period of thirty days.
  3. All taxes as well as transport costs are at the customer’s expense. They are never included in the price or offer and will be charged separately.
  4. The invoice is payable to Universal Woods’ registered office within 30 days after the invoice date or as mentioned otherwise. Incomplete payment of an invoice when due, makes all other invoices, whether or not due, claimable by virtue of law and without prior notice of default. In the event of late payment of the amount due, a statutory interest equal to 1% per month and additional conventionally fixed damages of 10% of the principal sum with a minimum of 125 EUR are due by virtue of law and without prior notice of default.
  5. If the confidence in the customer’s creditworthiness is disturbed, Universal Woods reserves the right to demand appropriate guarantees from the customer.
  6. Universal Woods’ delivery periods are only indicative. The customer does not have the right to cancel the order or demand damages due to non or late delivery.
  7. The delivery of sold goods takes place “Ex Works”, Incoterms 2016 at the warehouses in Boom (Belgium): the risk of the goods is transferred at the moment Universal Woods has loaded the goods at its premises on the first carrier’s means of transport. Regardless of what is stated in previous sections, the customer and Universal Woods may agree that Universal Woods takes care of transportation. The risk and cost of transport and unloading will in that case also be at the customer’s charge. After Universal Woods has reported that the goods are at the disposal of the customer, the customer will immediately take all necessary actions to receive the goods. If the customer does not meet this obligation, the goods will be stored at the customer’s full risk.
  8. The customer will check each delivery by Universal Woods immediately after receipt. Complaints are only admissible if reported by registered letter, including a detailed and limitative list of defects, within thirty days after receipt of the goods. All use, even of part of the delivery, presupposes its approval.
  9. Universal Woods, in his capacity of seller, is not responsible for hidden defects it is not aware of. All hidden defects must be reported by the customer to Universal Woods within thirty days after their discovery.
  10. If Universal Woods accepts the abovementioned defects, Universal Woods shall, at its option and expense, either repair the goods or furnish a replacement therefore “Ex Works”, Incoterms 2016 at the warehouses in Boom (Belgium).
  11. The goods sold by Universal Woods only become property of the customer after full payment of the price, as the case may be increased by interest and additional fixed damages. Until full payment, the customer will not be entitled to pledge or otherwise encumber the goods, nor transfer ownership or other rights regarding the goods to third parties. The customer guarantees that the retention of ownership-title by Universal Woods will not be jeopardized by any cause whatsoever (e.g. the customer will take care that the goods will not become immovable because of incorporation within the immovable assets of the customer). The customer will defend at its expense any suit or proceeding affecting the goods and promptly pay all taxes and other charges by any governmental authority when levied or assessed against the goods. In case of bankruptcy, liquidation or dissolution and the customer has not yet obtained ownership of the goods, Universal Woods will have the right to claim back the goods.
  12. Each circumstance of force majeure or coincidence exempts Universal Woods by virtue of law of any obligation, without the customer having a claim to any damages. If Universal Woods is dependent on third party deliveries, this stipulation also applies in the event of force majeure or coincidence on behalf of these suppliers that could affect the delivery. The following is considered as force majeure, without being limiting: accidents, fire, breakage of material, exceptional traffic disturbances, exceptional climatic and weather conditions, strikes, import or export limitations or other government measures. If in consequence the total demands cannot be supplied, Universal Woods may allocate available supply among its present and future customers on such basis as Universal Woods may deem fair and practical Universal Woods warrants that the goods shall conform to prevailing industry standards for such products unless altered by mutual written agreement between the customer and Universal Woods, without including any warranty of merchantability or fitness for a particular purpose. The aforementioned warranty is voided if repairs or alterations in the goods are performed by anyone other than Universal Woods without its prior written permission.
  13. Furthermore, Universal Woods may only be held liable insofar as the customer proves that Universal Woods has made a major error or gross omission, or in the event of fraudulent intention. Universal Woods’s liability is limited to repairing anticipated, direct and personal damage suffered by the customer, excluding damages to persons and all indirect, immaterial, incidental or consequential damage such as, but not limited to, loss of income and profit, loss of customers, loss of contracts and supplementary costs. In all cases Universal Woods’ liability is limited to the amount of the purchase price. If and insofar as Universal Woods is a manufacturer in the sense of the law of 25 February 1991 concerning product liability, its liability with regard to the victim is excluded if the damage is caused by a defect in the product as well as an error of the victim or a person for whom the victim is responsible.
  14. If the customer would, is or would be in a state of dissolution or bankruptcy or is in apparent insolvency, or does not meet one of its obligations, such as refusal to provide appropriate guarantees or late payment of invoices, Universal Woods reserves the right to either suspend the execution of its obligations without prior notice of default, or to fully or partly terminate the contract without prior notice of default and judicial intervention, even if the goods have already been sent partially or fully. The customer will be informed by registered letter of the option that has been chosen.
  15. Belgian law applies. In the event of dispute which is not resolved amicably between the parties, upon Universal Woods’ choice, either the courts of the registered office of Universal Woods are competent, or any other competent court by choice of Universal Woods, or the matter in dispute shall be finally settled under the CEPINA Rules of Arbitration by an arbitral tribunal composed by three arbitrators, having its seat in Antwerp – Division Antwerp (Belgium). The arbitration shall be conducted in the English language. The law of August 2, 2002 regarding late payment in commercial transactions shall also be applicable.

© Universal Woods 2017 All Rights Reserved

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