Terms of service
Econocraft Materials
Terms and Conditions
Last Updated: June 11, 2024
OVERVIEW
These Econocraft Terms and Conditions (these “Terms”) govern Econocraft Materials LLC’s (“Econocraft”, “we”, “us” or “our”) provision of any products, goods, materials or items sold via a Sales Quote provided by the us or through our Site (“Products”), and your use of our website where these Terms are posted (the “Site”). Econocraft offers this Site, including all information and tools available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting our Site and/or purchasing something from us you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms 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 carefully before accessing or using our Site or purchasing our Products. By accessing or using any part of the Site or purchasing any Products, you agree to be bound by these Terms. If you do not agree to all the terms and conditions herein, then you may not access the Site or purchase any Products.
Any new features or tools which are added to the current Site shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site or purchase of Products 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 to you through our Site.
SECTION 1 - GENERAL TERMS AND CONDITIONS
By agreeing to these Terms, 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 the Site. We reserve the right to refuse to sell our Products to anyone for any reason at any time in accordance with applicable laws.
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Site, 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 to the Site.
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 Site, use of the Site, or access to the Site or any contact on the website through which the Site is provided, without express written permission by us.
We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the 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 the Site is at your own risk.
The 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 the 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 3 - MODIFICATIONS TO PRICES AND SITE
Unless otherwise reserved for a set period of time as set forth on a Sales Quote, prices for our Products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Products or the Site.
SECTION 4 - PRODUCTS
Certain Products may be available exclusively online through the Site or via a Credit Sale Agreement. These Products may have limited quantities and are subject to return or exchange only according to our Refund Policy detailed at https://econocraftmaterials.com/policies/refund-policy.
We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store or on our Site. 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 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 that we offer. All descriptions of Products 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 made on the Site is void where prohibited.
We do not warrant that the quality of any Products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.
All Product prices are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by you. You are responsible for all such charges, costs, and taxes; provided, that, you are not responsible for any taxes imposed on, or with respect to, our income, revenues, gross receipts, personnel, or real or personal property or other assets.
SECTION 5 – PRODUCT SHIPPING, DELIVERY, AND RISK OF LOSS
Delivery shall be made FOB to the shipping address on the applicable Sales Quote, or as you have otherwise provided to us in writing. Title and risk of loss pass to you upon delivery of the Products pursuant hereto.
SECTION 6 – ORDERS; ACCURACY OF BILLING INFORMATION
In the event of an error in your order, please contact us immediately at sales@econocraftmaterials.com. We will work to resolve any issues as quickly as possible, but we reserve the right to correct any errors and revise your order accordingly.
We reserve the right to refuse any order you place with us either through our Site or a sales quote or proposal (each a “Sales Quote”). 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 email 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 of Products. 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.
SECTION 7 - THIRD-PARTY LINKS
Certain content or Products available via our Site may include materials from third parties.
Third-party links on the 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 8 - 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 about the Site or Products (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, including those concerning our Products. 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 to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
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 Site or any related website. You may not use a false email 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 9 - PERSONAL INFORMATION
Your submission of personal information to our Site is governed by our Privacy Policy, which can be viewed here: https://econocraftmaterials.com/policies/privacy-policy.
SECTION 10 – WEBSITE ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site 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 on the Site 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 on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
SECTION 11 - PROHIBITED WEBSITE USES
In addition to other prohibitions as set forth in these Terms, 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 Site 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 Site or any related website, other websites, or the internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time or shut down the Site at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk.
THE SITE AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SITE 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 ECONOCRAFT, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SITE 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 THE SITE OR ANY PRODUCTS PROCURED, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE 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 SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, 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.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU FOR THE PRODUCT UNDER THE APPLICABLE SALES QUOTE GIVING RISE TO THE CLAIM.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Econocraft and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Site 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 or the documents they incorporate by reference, your use of the Products, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site, or when you cease using our Site.
A breach or violation of these Terms will result in an immediate termination of your access to 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, we also may terminate these Terms and any related agreements 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 Site (or any part thereof).
SECTION 16 - ENTIRE AGREEMENT; SURVIVAL
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, Sales Quotes, applicable Credit Sale Agreements, Refund Policy, and any policies or operating rules posted by us on the Site or in respect to the Site or Products constitutes the entire agreement and understanding between you and us and governs your use of the Site and Products, 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). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of this Agreement.
SECTION 17 - GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from application to these Terms. Any disputes arising under or in connection with these Terms shall be resolved in the state or federal courts located in Arizona, and you hereby consent to the jurisdiction of such courts.
SECTION 18 – FORCE MAJEURE
Econocraft shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Econocraft’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation or shipping delays.
SECTION 19 - CONTACT INFORMATION
Questions about these Terms should be sent to us at sales@econocraftmaterials.com.