Fireside Expressions (firesidexpressions.com) is a division of CJ's Home Decor And Fireplaces, LLC.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS THEN YOU ARE NOT ABLE TO HOLD CJS HOME DECOR AND FIREPLACES, LLC LIABLE FOR SITUATIONS DEFINED HEREINAFTER.
CONTENTS OF DOCUMENT:
This document was last updated on September 12, 2016.
(Known as "TERMS" hereinafter):
January 1st 2013 - to Present Date (Known as "Effective" hereinafter)
cjshearthandhome.com, fastreplacementglass.com, fireplacedoorsonline.com, firesidexpressions.com, shop.cjshomedecor.com, and any associated web-based and mobile applications (Each known as a "Site" or "Website" hereinafter)
CJ's Home Decor & Fireplaces LLC - www.cjshearthandhome.com (Known as "Company" hereinafter)
The terms "us" or "we" or "our" refers to CJs Home Decor & Fireplaces LLC, the Company owner of the Websites.
21701 Route 6, Warren, PA 16365, (Known as "Showroom" hereinafter)
Digital and physical retailer of home improvement products, custom made mechanical/HVAC amenities, and provider of industry specific information, support, and advice, as well as any logistics involved in providing purchased goods to a consumer, (Known as "Service" hereinafter)
This web page represents a legal document that serves as our Terms of Use, which governs the use of our Websites, or any financial, verbal, or logistical transaction, as leased, owned, or operated by the Company - CJs Home Decor & Fireplaces LLC.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and the Company, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By using our Company, Website, and any Services, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access or use our Company, Website, and Services. If you have already accessed our Company, Website, or used Services, and do not accept our Legal Terms, you should immediately leave and/or discontinue use of our Company, Website, and Services.
Definitions
Company Terms and Conditions ("Agreement", "Terms and Conditions").
Please read these Terms and Conditions carefully before using a Website operated by the Company. This Agreement sets forth the legally binding terms and conditions for your use of the Company, Website, and Services.
By accessing or using the Company, Website, and Services in any manner, including, but not limited to, visiting or browsing the Website or contributing content or other materials to the Website, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
Legal Compliance:
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. The Company reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Visitor, Member, or Customer account(s), reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Intellectual Property:
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of Content, words, media, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the Company and/or corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, or use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Links to Other Websites:
Our Website may contain links to other third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create an agreement nor have a binding affiliation with, nor sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. The Company has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
Governing Law:
Our Legal Terms shall be treated as though it were executed and performed in Pennsylvania, United States and shall be governed by and construed in accordance with the laws of Pennsylvania, United States without regard to conflict with law principles of other jurisdictions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of the Company under our Legal Terms shall survive the termination of our Legal Terms.
Intellectual Property:
The Website and its original content, applicable media, features and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Under no circumstance shall these properties be used, abused, or revoked without explicit written and/or notarized permission from the Company owners.
Termination:
We may terminate your access to the Website, without cause or notice, which may result in the forfeiture and destruction of all information recorded and/or associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Changes To This Agreement:
We reserve the right, at our sole discretion, to modify or replace the Agreement by posting the updated Agreement on the Website or any other public facing area within or outside the Company. Your continued use of the Services or Website after any such changes constitutes your acceptance of the new Agreement. In the case of an updated Agreement, all historical copies, cached data, or archived emails containing previous revisions of the Agreement shall be deemed void and the updated Agreement found on the Website shall be referenced instead.
Please review this Agreement periodically for changes. If you do not agree to this Agreement or any changes to this Agreement, do not use or access the Website, and discontinue any use of the Company, Services or Website immediately.
The Company and Website reserve the right to change Content, Product pricing and/or information at any time. As a result, prices on our Website may not be accurate when compared against historical data such as via 3rd parties, cached information, past orders, estimates, quotes, or requests for pricing. If an Product is ordered via a Website before we have updated our prices, the purchaser will be notified and given the option to cancel or pay the difference. If the price of an Product is lowered after a purchase is made, the Company nor its Websites will refund nor credit the difference to the Visitor, Member, or Customer account(s).
The Company makes every effort to ensure that the Products and Content on the Website are accurate, complete, and current. Despite our best efforts, there may be instances when Content or information about a Product contains inaccurate or incomplete data, including data about the Product's price or availability. The Company makes no warranty or guarantee that the information on the Websites is error free, complete or current. The Company reserves the right to correct errors, and/or update the Content and Products on the Websites at any time without notice. The Company also reserves the right to refuse or cancel any order containing any error or inaccuracy, at any time, including after the order has been submitted, whether or not order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type, minus any non refundable charges.
Discounts, Sales, and Coupon Codes:
The Company may occasionally offer coupon codes for its Products and Services. Please note that a coupon code may not work for Content, Products, Services, or other facets such as customer group, category, brand, vendor, or manufacturer. In addition, some Products are already set to the minimum price the manufacturer will allow us to advertise, therefore occasionally a coupon will have no effect on price. The Company reserves the right to limit coupons based on any criteria the Company sees fit. In general, only one (1) discount and/or coupon code can be applied per Customer per order.
Colors and Photo Liability Summary:
There is always a degree of in-accuracy in modern digital photography due to the nature of lighting, monitors, displays, eyesight, devices, bandwidth, software, and hardware. CJ's won't be responsible for any misunderstandings or translations of Content, Products, kits, accessories, parts, colors, finishes, or textures, and you agree that these facets may vary slightly when viewed digitally on the Website.
Example Media Liability Summary:
In some instances, the Company may show a picture that does not exactly match the Content or Product but instead helps to illustrate similarities to what it will look like. Some examples include: fireplaces where we only have a picture of one color but we are offering several colors; gas logs where we show a 24 inch log set but offer other sizes, 3d or digital rendering of Products, etc. In these instances, we will ship you the item you order (even though it may be slightly different than what you see on the Website). Please check the Content or Product information, specs, and sizes before you purchase. When in doubt, contact the Company for more information prior to purchasing the Product or Service.
The Company is required to charge tax on all Products, Services, and Pennsylvania based shipping for Customer addresses in Pennsylvania. The sales tax rate is 6% for Pennsylvania. This amount will be added to your Product, Service, and shipping total and reflected on your credit card charge. Additionally, some vendors require us to charge sales tax when Products are shipped from warehouses outside of Pennsylvania to the same state in which they are doing business. An example of this is a warehouse in California shipping a Product to our Customer who resides in California. The applicable sales tax rate on a state/regional bases will be added to the Product, Service, and/or shipping total in these cases.
This Agreement applies to internet based orders via the Website, phone based orders directly to the company, and any other form of transaction through any approved 3rd party such as shopping partners, which may lead to a sale. Your credit card or other payment method will be charged at time of placing order over the internet, phone, or fax. All transactions are PCI compliant, stay in the USA via SSL secured communication, and are sent directly to the Company through an accredited secure payment processor. This means that your card, identity, or payment goes straight to our systems, and is then passed on via SSL secured handshakes to be processed with your chosen method. During processing, your card number is always hidden from human eyes and is not recorded. To place an order by phone or fax, you may be required to recite the number so that our customer service representatives may enter it into the payment processor. Thereafter you will be asked to confirm via email that your order is correct and that you give the Company permission to process the payment. Immediately after payment processing clears, either via the Website, phone or fax, sensitive payment info such as credit card number, CVV, or other payment information is destroyed. Because of this, and for Customer security, you cannot place future orders without re-entering your payment details and/or repeating the order confirmation.
The Company reserves the right to cancel any order it deems unfit to process, or refuse to offer Service and communication, at any time. Orders that are defined as unfit to process include incomplete orders, cancelled orders, erroneous orders, fraudulent orders, automated or spam orders, orders proxied through unapproved dealers, or orders placed through any other channel that the Company does not endorse. In these cases, the Customer acknowledges this Agreement, but understands how the Company reserves the right to void certain protections normally reserved for completed orders and processed payment. In cases such as fraud, the Company reserves the right to share personally identifiable information with local law enforcement and the Federal Bureau of Investigation (FBI).
Below is the shipping and delivery Agreement between the Company and the Customer.
About Free Shipping:
Occasionally the Company may offer promotions for free or reduced rate shipping for certain Products, as indicated by a "free shipping" icon or reduced rate coupon. By using these promotions, Visitors, Members, and Customers agree that although some Products ship for free under these promotions, others will have shipping calculated at checkout according to your ZIP code, the weight, and the dimensions of the Product(s). When shipping is calculated at checkout, state sales taxes may be applied. Whether or not this tax is applied depends on your location and the location of the warehouse shipping your Products. These "free shipping" promotions are only valid when shipped to the contiguous 48 US states. Locations outside of the contiguous 48 states such as Alaska, Hawaii, offshore U.S. territories, and Canada are not eligible for free shipping or reduced rate coupons. The Customer is responsible for all shipping fees, duties, and tariffs when placing an order to these zones.
For Standard Delivery:
If your shipment arrives damaged through a typical delivery service such as USPS, UPS or FedEx, you have 3 days to call us at 1-888-986-1535 to report the damage.
For Freight Delivery:
If you the Customer authorize the freight company to leave damaged or incomplete freight without a signature, the Company and our Websites cannot be held liable for any damages or missing components. Remember, leaving a note for the delivery driver is the same as signing for your products in good condition. If your order ships via freight, and you are receiving your goods, please follow these steps:
Step 1) Ensure that the pallet/piece count on the delivery receipt matches the number of pallets/pieces you receive. If a pallet(s) or piece(s) is missing:
Step 2) Inspect the packaging for external damage. If you notice exterior damage:
Step 3) Please inspect your merchandise for concealed damage before the driver leaves:
Step 4) IMPORTANT! You have 24 hours to call us at 1-888-986-1535 to report any damage.
Step 5) If you have any questions, please feel free to contact us at 1-888-986-1535.
Merchandise could be damaged during shipment or delivery regardless of packaging, driver experience, or merchandise durability. Intangibles, including lack of shipping company oversight, road conditions, temperature, humidity, moisture, pests, natural disaster, detours, construction, mechanical failure, acts of god, or other 3rd party external forces may affect the process of delivery to your address. We only choose the best shipping and freight companies to work with, but in any case, there is a chance of merchandise damage that we must all be aware of.
By completing this order you agree that:
After your merchandise has safely arrived, you have inspected it thoroughly, and you have signed off with the driver, your item may be installed. Please take time to review our best ways to un-package your product, followed by an overview of our install liability. The Company cannot be held responsible for damages occurred at this time of removing an item from its box, pallet, frame, wrap, strapping, or any other packaging material used for item protecting, supporting, load-bearing or similar function, nor at the time of install due to human, natural, accidental, or otherwise intangible handling errors.
By completing this order you agree that:
A NOTE ON CUSTOM PRODUCTS -- PLEASE READ: Some Products are custom made at the time of order with the specifications that you (the Customer) give us. We the Company will always work with you to make sure that you are getting the correctly sized items for the product before you order. We will send you a confirmation that you will have to look over and double-check. You have 24 hours to make changes or inform us about any discrepancies on your order. After the 24 hours, the build process starts and changes cannot be made or un-done. While we will make every effort to fix or replace a Product that has been made to the wrong specifications on our end, we cannot take returns on Products that meet the specifications that were given to us upon ordering.
All custom Products or custom order sales are final. You MUST use the forms and follow the guidelines laid out and found on the Company Website.
Returns Guide for Non-Custom Items:
We will charge a 25% restocking fee for non-custom returned Products. We allow you to return all new, unused, and resalable non-custom items in their original packaging within 30 days of delivery for a refund (minus actual shipping, payment processor costs, handling costs, and restocking fees). Naturally, if your return is because of our error, we will eat these shipping and restocking costs.
If the return request is due to product defect or damage, we will first work to get the Product repaired. If repair is not possible, then the Company will work to get it replaced.
Return a damaged item request.
Return an undamaged item request.
Warranty Guide, Submitting Warranties:
If the Product or Service came with a warranty, we can get that set up for you. By completing the order via the Company Website, you agree to promptly use our quick form to register your warranty. The form can be found here: register a warranty.
Cancellation & Changes Fee:
In order to keep Product lead times short, any changes or cancellations to certain custom made Products one (1) business day after the order was placed or confirmation received, will incur a minimum $200 fee for the change or cancellation. The amount will increase based on the amount of work performed or materials used up to that point. This is done to prevent abuse of our resources and artisan time at the fabrication shops.
No changes or cancellation are accepted on orders once placed by phone, e-mail or internet after 24 hours. Where no dispute was made within 24 hours of an order, acceptance of the Agreement is assumed. If the order is canceled or changed within the first 24 hours a 10% cancellation fee will be applied.
In addition, credit card fees of 4% are nonrefundable. This applies to ANY cancelled order through the Company or on our Websites.
Security Systems:
All Customer and order transactions take place over a secure connection. Our facilities and servers are SSL protected and PCI compliant. This means that while theoretically someone could be listening to the conversation between your computer and our server, they could not understand it. It is encrypted with the highest standards and latest technologies possible. Also, our Websites are checked daily to verify the security of our connections and your transactions. To learn more about the systems protecting your data visit the following sites:
The Company operates the Website you are visiting. The company policies and procedures for handling customer information have been created with the understanding that internet technologies are still evolving and that internet business methods are continuing to evolve to meet the needs and opportunities of the changing technology landscape. This section informs you of Company policies regarding the collection, use and disclosure of Personal Information we receive from users of the Websites. The Company uses your Personal Information only for providing and improving the Website. By using the Website, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible above. The Company policies and procedures are subject to change at any time.
Information Collection:
While using our Website, the Company may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, email address, postal address and phone number ("Personal Information"). This Personal Information is created and maintained by the Company in the normal course of operating websites, order fulfillment, business intelligence, office operations, and server maintenance. In addition, the Company may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of communications before, during, or after an interaction with staff and/or the Websites. The Company will protect the confidentiality of its customers' Personal Information to the fullest extent possible and consistent with the law and the legitimate interests of the Company, its partners, its employees and other customers of Company services. To protect the loss, misuse, and alteration of Personal Information that is collected from Customers, the Company has appropriate physical, electronic, encryption, and managerial procedures in place.
Use of Information:
The Company will not share customer Personal Information with other customers, business partners, or other 3rd parties. The Company may however aggregate and generalize specific Personal Information internally such as IP address in order to mitigate fraud preventions, website performance, and customer experience. The Company may also use customer Personal Information such as email to provide its customers with technical information, zero-day security alerts, automated account/order alerts, or information about new or upgraded services relevant to their past interest(s). Personal Information is strictly guarded and used internally only for customer interactions such as:
Disclosure of Customer Information & Communications:
The Company will not disclose its Customer's Personal Information unless the Company has reason to believe that disclosing such Personal Information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of the Company, the Company customers, or others, or where the Company has a good-faith belief that the law requires such disclosure.
The Company also will not, except for reasons stated below, disclose to third parties any Personal Information, the contents of any electronic mail, or other electronic communications that the Company stores or transmits for its customers. The circumstances under which the Company will disclose such electronic customer communications are when:
Log Data:
Like many Website operators, we collect information that your browser sends whenever you visit our Website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, user agent, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, and other usage statistics. We collect this data strictly for security reasons and so we can track down fraudulent or malicious useage.
Cookies:
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web Website and stored on your computer's hard drive. Like many companies, we use "cookies" to store information related to your session on the Websites. This information is simply to streamline your visit. Examples include, the Products in your shopping cart, Website settings such as "grid or list view", your live chat/support state, your session identifier which keeps you logged in, and an anonmyous session identifier which gets sent to a business analytics engine. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use portions of our Websites such as the cart or login features.
Links To Other Sites:
The Company Website may contain links to other sites that are not operated by us the Company. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We the company have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services.
The Company disclaims any intention to: censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. The Company will, however, review, delete or block access to communication that may harm the Company, its customers or third parties based on any available Personal Information that points to such evidence or intent.
Changes To This Privacy Policy:
The Company may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on the Site. You are advised to review this Privacy Policy periodically for any changes.
Thank you,
The CJ's Home Decor & Fireplaces Team
CJ's Home Decor & Fireplaces LLC (The Company) and its Website(s) RESERVE THE RIGHT TO MAKE CHANGES TO THIS WEBSITE AND TERMS AND CONDITIONS AT ANY TIME
BY COMPLETING YOUR ORDER YOU AGREE TO ALL OF THESE TERMS AND AGREE TO RELEASE THE COMPANY AND THE WEBSITE FROM ANY APPLICABLE LIABILITY
Please feel free to contact us if you have any questions or need more information about this product using the New Question tab. Please ONLY SUBMIT product questions. For all other questions go to contact us,
No posts found