Terms of Sale

 

The Tile Garden (“we,” “us,” "I," or “our”) offers its products conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By purchasing from The Tile Garden, whether through our website or otherwise, you ("you" or the "customer") agree to be bound by the following terms and conditions. Any purchase or agreement for sale between you and The Tile Garden shall be governed by and incorporate these Terms of Sale.

Acceptance
An order, online or otherwise, will not be deemed accepted until The Tile Garden reviews the order and notifies you that your order is accepted or in process.

Payment
Unless otherwise agreed, payment is due at the time of purchase or as stated on your invoice. All applicable taxes are the responsibility of the customer and may not be included in the listed price until checkout.

Late charges will accrue on any amounts payable from their due date at the lesser of (i) up to 18% per annum, or (ii) the maximum rate permitted by law. In any action to collect an unpaid balance, the customer will pay The Tile Garden’s costs, including collection and reasonable attorneys' fees. We may defer further shipments or offset monies owed to the customer until all overdue payments are settled.

To secure full payment of purchased products and all obligations under these Terms of Sale, the customer grants The Tile Garden a lien and security interest in all right, title, and interest in the purchased products and all proceeds thereof. This security interest constitutes a purchase money security interest under applicable law. The Tile Garden may file any necessary documents to protect this interest.

Customer Representations
By purchasing, you represent that:

  1. You understand and accept any products sold “as-is” or advertised as damaged/abnormal and that you have authority over the design and execution of your project.

  2. You have verified that shipping and using the products at your specified address complies with all applicable laws, regulations, and requirements. The Tile Garden relies on this representation in fulfilling your order.

Delivery
Shipping charges are the responsibility of the customer. Unless otherwise agreed, we ship products FOB (Free on Board) using the carrier and method of our choosing. Specified shipping dates are estimates and not guarantees.

Force Majeure
The Tile Garden shall not be responsible for any loss, delay, or non-fulfillment caused by events beyond our control, including but not limited to war, fire, flood, strike, labor disputes, accidents, riot, epidemic, acts of government, or other unforeseen events affecting supply, production, or delivery.

Indemnification
You agree to indemnify, defend, and hold The Tile Garden and its affiliates harmless from any claim or demand, including reasonable attorneys’ fees, arising out of:

  1. Any negligence, misuse, or other action by you or your agents;

  2. Your breach of these Terms of Sale;

  3. Our reliance on your representations; or

  4. Your violation of any law or third-party rights.

Disclaimer of Warranties
All products are provided “as-is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Limitation of Liability
The Tile Garden and its affiliates are not liable for any direct, indirect, incidental, punitive, special, or consequential damages, including lost profits or data, arising from your purchase or use of our products. Our total liability shall not exceed the amount paid for the products at issue.

Intellectual Property
Purchasing products does not grant any license to use The Tile Garden’s intellectual property for purposes other than the application of the purchased products.

Severability & Interpretation
If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force. Headings are for convenience only and do not affect interpretation.

Entire Agreement
These Terms of Sale, along with any policies or rules posted on our website, constitute the full agreement between you and The Tile Garden, superseding any prior agreements.

Governing Law
These Terms of Sale are governed by the laws of the State of Texas.

Changes to Terms
We reserve the right to update these Terms at any time. Continued purchasing after changes constitutes acceptance. The most current version is always available on our website.

Contact Information
Questions regarding these Terms of Sale may be sent to Laura@thetilegarden.com.