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Terms of Sale

Terms and Conditions of Sale

 BY CLICKING “I ACCEPT,” YOU CONFIRM THAT YOU HAVE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE, THAT YOU UNDERSTAND THEM AND THAT YOU AGREE TO BE BOUND BY THEM.

 PLEASE READ THIS DOCUMENT CAREFULLY.  IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

These terms and conditions apply to the purchase and sale of products through the Calico Construction Products Website, www.calicoproducts.com (referred to as the “Site”).  Through the Site, Concrete Accessories, Inc., a Nevada corporation, doing business as Calico Construction Products (referred to as “us” or “we”), offers for sale products for creating decorative concrete and asphalt, including related products.  We offer the following brands:  Proline Concrete Tool products, Smith Paint Products and our very own brand, Calico Construction Products.  By placing an order for such products, you agree to be bound by and accept these Terms and Conditions.  If you do not agree to these Terms and Conditions, you should not obtain products from this Site.  These Terms and Conditions are subject to change by us without prior written notice at any time, in our sole discretion.  The latest version of these Terms and Conditions will be posted on this Site, and you should review these Terms and Conditions prior to purchasing any product that are available through this Site.  These Terms and Conditions are an integral part of the Website Terms and Conditions of Use that apply generally to the use of our Site.  You should also carefully review our Privacy Policy before placing an order for goods through this Site.

 

1.   Order Acceptance and Cancellation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged.  If your credit card has been charged and your order is canceled, you will receive a prompt refund credit to your account.  We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.  In such an instance, if your credit card has already been charged for the full order, we will promptly refund credit to your account for any items which are not supplied.

Except for certain special orders, an order may be cancelled at any time prior to being shipped.  Once an order has been shipped, it is not subject to cancellation and must, instead, be returned in accordance with our Return Policy (Section 7).

We are a reseller to the end user-customers and, except as otherwise agreed, we do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products which are offered on our Site.  We make every effort to maintain the availability of our Site.  However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

 

2.   Payment Terms and Sales Taxes

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.

We accept VISA, MasterCard, American Express, and Discover credit cards for all purchases.  You represent and warrant that:  (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

All payments must be in United States dollars.  Your current billing address and phone information must be included with every order.  You agree to pay interest on all past-due sums at the highest rate allowed by law.  We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.

Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

 

3.   Changes in Products and Pricing

We are constantly updating and revising our offerings of products, and we may discontinue products at any time without notice.  To the extent that we provide information on the Site regarding the description, proper use or availability of products, you should not rely on such information, and we will not be liable for any lack of availability of products that you may order through our Site.

All pricing for the products available on our Site are subject to change.  For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

 

4.   Shipping Policy

We offer a variety of shipping options to meet your shipping needs.  We use only premium carriers (UPS, FedEx and truck freight) with Next Day, 2nd Day, 3 Day and Ground delivery options available for many items. Please check the individual product page for specific delivery options. All deliveries are insured and guaranteed against loss and damage in transit by the carrier.  All shipping prices are quoted in United States dollars.  No C.O.D. orders can be accepted.

Please note that, to the extent listed, the posted shipping time frame listed on an individual product page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.

There may be occasional delays beyond the posted order processing time.  If the delay is more than three (3) business days, we will send you an e-mail message notifying you of the delay.  If the delay will be less than three (3) business days, we will ship the product as soon as it is received.  If your product is on backorder for more than ten (10) business days, we will send you an e-mail message asking if you want to cancel the order.  If you do not advise us that you would like to cancel the order, we will keep the order active and continue to send you inquiries every ten (10) business days until the order is cancelled or delivery occurs.

These shipping terms are accepted by you by placing an order with us.

 

5.   Advertising Disclaimer and Trademarks

The descriptions of many products that are posted on our Site are the representations of our suppliers.  We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.

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

All trademarks and registered trademarks relating to products available through our Site are the sole property of their respective owners.  Photographs are provided courtesy of the respective manufacturers.

 

6.   Disclaimer and Limitation of Liability

Our responsibility for defects relating to the products available on our Site is limited to the procedures described in our return policy set forth below.

ALL PRODUCTS  AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS.  WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS THAT ARE NOT AVAILABLE FOR USE.  IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OF OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE.  NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION.  BY PURCHASING PRODUCTS OFFERED THROUGH THE SITE, YOU EXPRESSLY RECOGNIZE THAT SOME PRODUCTS MAY CAUSE SERIOUS INJURY IF NOT USED CORRECTLY, INCLUDING FLAMMABLE AND OTHER DANGEROUS PRODUCTS.  IT IS YOUR RESPONSIBILITY TO FULLY REVIEW ALL WARNING LABELS AND INSTRUCTIONS BEFORE USING ANY PRODUCT PURCHASED THROUGH OUT SITE.  OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS.

 

7.   Warranty and Return Policy

The products available through our Site may be covered under the manufacturer's warranty.   If applicable, manufacturers’ warranties apply from the date of shipment.  You understand that we do not operate or control the products offered by the manufacturers participating on our Site, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products that you may purchase through our Site.

While we do not offer any warranties with respect to the products available through our Site, we are committed to working with you to ensure that every product under warranty performs to the manufacturer's specifications.  We offer a 30-day return policy on selected items if permitted by the manufacturer's return policies.  Returns will only be accepted if we are contacted within 30 days of the item’s invoice date; the item is unused; and the item’s packaging is unopened.  To return products, you must call 800-221-9469 or e-mail our Returns Department at info@calicoproducts.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product.  NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice or order number, SKU number, and nature of the problem.  Please note that no returns are accepted for custom orders.

To expedite the processing of your refund or credit, we ask that products be returned within 30 days of the date that we issue the RMA. All returned products MUST be 100% complete, contain ALL original boxes and packing materials, have original UPC codes on the boxes, and contain all manuals, blank warranty and registration cards, CD(s), diskette(s), and other accessories and documentation provided by the manufacturer.  You are responsible for all shipping charges on returned items (including, if applicable, any shipping or cancellation fees charged by the manufacturer); we will match your shipping method on your replacement or exchange item(s).  You must insure the shipment or accept the risk of loss or damage during shipment.  We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

If your order arrives in a damaged condition, save the merchandise AND the original box and packaging it arrived in, and notify us immediately to arrange for a carrier inspection and a pick-up or return of the damaged merchandise.

DEFECTIVE products can be returned directly to us within 30 days from the invoice date for, at our discretion, credit, replacement, exchange or repair.  Manufacturer restrictions do apply.  Any item that is missing the UPC can ONLY be replaced with the same item.  After 30 days, all manufacturers' warranties apply and you should contact the appropriate warranty service provider identified in the product description.

NON-DEFECTIVE returns can be accepted directly by us within 30 days from the invoice date for, at our discretion, refund, credit or exchange. All NON-DEFECTIVE returns are subject to a 25% restocking fee.

Some manufacturers do not accept returns of certain items for exchange, replacement or credit FOR ANY REASON, and you should check the information provided with the description of the particular product.  DEFECTIVE merchandise can be returned for REPAIR only to the manufacturer directly or to any authorized service center in your area.  See the description of the particular product for warranty information as provided by the manufacturer.

Questions regarding our warranty and return policies should be addressed via e-mail to info@calicoproducts.com or by regular mail to Calico Construction Products, PO BOX 27710, Las Vegas, NV 89126-1710, Attention:  Returns.  These policies set forth your sole and exclusive rights with respect to return of products that you may purchase through our Site.

 

8.   Safe Shopping Guarantee

Your browser and our secure server encrypt confidential information during transmission, ensuring that transactions stay private and protected.  We guarantee the safety of your credit card information in the following manner:  if any unauthorized use of your credit card occurs as a result of your credit card purchase on our Site, simply notify your credit card provider in accordance with its reporting rules and procedures.  If, through no fault of your own, your credit card company finds credit card fraud but does not waive your entire liability for unauthorized charges, we will reimburse you for the remaining liability up to a maximum of $100.  This guarantee applies to purchases made using our secure server [(https: protocol)].

You can always order by telephone.  Call us at 800-221-9469 within the United States and Canada. Unless you contact us by telephone and obtain pre-approval in advance, we cannot accept orders from outside the United States or Canada. No matter how you place your order with us, we want you to have a comfortable buying experience.

 

9.   Privacy and Customer Information

We are committed to protecting your privacy.  To make your shopping experience more convenient, we gather information about you.  We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information.  See our Privacy Policy.

At any time you may update your customer account information by following the instructions posted elsewhere on this Site.  There you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.

 

10. Service and Support

All requests for technical service and support with respect to the products available through our Site should be made directly to the manufacturer in accordance with their terms and conditions as set forth in the manual and related information accompanying their products.  Should you have any other questions or concerns, you should contact us by e-mail at info@calicoproducts.com or by mail at Calico Construction Products, PO BOX 27710, Las Vegas, NV 89126-1710, Attention: Returns.  We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.

Except as explicitly noted on this Site, the services available through this Site are offered by Concrete Accessories, Inc. dba Calico Construction Products, a Nevada corporation, located at 3500 Meade Avenue, Las Vegas, NV 89102, USA.  Our telephone number is 800-221-9469.  

 

11. Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products  available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

12. Entire Agreement and Other Documents

These Terms and Conditions constitute the entire agreement and understanding between you and us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto.  These Terms and Conditions may NOT be altered, supplemented, or amended by the use of any other document(s).  Any attempt to alter, supplement or amend this document or to enter an order for products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us.  To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.

 

13. Governing Law and Statute of Limitations

This Site is controlled by us from our offices within the State of Nevada, United States of America.  It can be accessed from all 50 states, as well as from other countries around the world.  As each of these places has laws that may differ from those of Nevada, by accessing this Site both of us agree that the statutes and laws of the State of Nevada, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Site and the purchase of products available through this Site.  Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts sitting in the County of Clark, in the State of Nevada with respect to such matters.

 

14. Compliance with State and Foreign Law

We make no representation that the products available through our Site are appropriate or available for use in your particular location, whether inside or outside of the United States.  Purchasing products from states, territories and countries where such products are illegal is prohibited.  By accessing and purchasing products from this Site, you are responsible for compliance with local laws.