Fireplace Showcase

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Terms and Condition, Privacy Notice


The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

Legal Notice

All pricing and policy notices from The Fireplace Showcase (Fire-Mart, LLC) to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to The Fireplace Showcase (Fire-Mart, LLC) shall be made either by email, sent to the address we provide on our Web site, or first class mail to our address at:

775 Fall River Avenue
Seekonk, MA 02771

Delivery shall be deemed to have been made by You to The Fireplace Showcase (Fire-Mart, LLC) five (5) days after the date sent.

These terms and Conditions govern all sales quotations and sales of product from Seller, The Fireplace Showcase (Fire-Mart, LLC), to the buyer, You, and shall constitute the complete agreement between the parties and may not be altered or modified except in writing duly executed by each party. The parties agree there are no agreements between the parties, oral or written with respect to the products (including any made or implied from past dealings) except as expressed herein. Any terms or conditions on any of Buyer's forms, correspondences, or orders that are different from or in addition to these Terms and Conditions are specifically rejected. Seller's failure to object to provisions contained in any communication from Buyer shall not be construed as a waiver of these Terms and conditions or as an acceptance of any such provision. No order shall be binding upon Seller unless and until such order is accepted (or otherwise processed) by Seller at its principal office in Massachusetts. Buyer's order will be deemed a representative that Buyer is solvent and able to pay for the Products ordered.

Copyright

All content appearing on this Web site is the property of:

The Fireplace Showcase (Fire-Mart, LLC)
775 Fall River Avenue
Seekonk, MA 02771

Copyright © 2020 The Fireplace Showcase (Fire-Mart, LLC). All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2020 The Fireplace Showcase (Fire-Mart, LLC). All rights reserved.

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by The Fireplace Showcase (Fire-Mart, LLC). Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of The Fireplace Showcase (Fire-Mart, LLC) or any third party, except as expressly granted herein.

Use Of Site

This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. The Fireplace Showcase (Fire-Mart, LLC) and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if The Fireplace Showcase (Fire-Mart, LLC) believes that customer conduct violates applicable law or is harmful to the interests of The Fireplace Showcase (Fire-Mart, LLC) and its subsidiaries.

Privacy Policy

The Fireplace Showcase (Fire-Mart, LLC) use of personal information that you may submit to The Fireplace Showcase (Fire-Mart, LLC) through this Web site is governed by The Fireplace Showcase (Fire-Mart, LLC) Privacy Policy.

Shipping & Delivery

DELIVERY

At The Fireplace Showcase (Fire-Mart, LLC) we want to meet your expectations. We are committed to the successful completion of your home delivery on the first attempt. All Delivery Charges are to be considered Trip Charges to your shipping address. Once the truck leaves our yard with your product on board Delivery/Trip charges are non-refundable. We ask that you confirm your delivery date and that an adult, 18 years old or older, who is responsible for inspecting and accepting the merchandise be at home to accept the delivery. If you are not home when we deliver you will be charged a redelivery/trip charge and the original delivery/trip is non-refundable. We do understand that emergencies may occur however The Fireplace Showcase (Fire-Mart, LLC) needs at least 24 hours notice in advance. Delivery/Trip Charge is a non-refundable item on the invoice. This applies if a customer refuses the load the day of delivery for any reason including but not limited to timing issues or if they do not like the product. Delivery time frames are rough estimates as to when the truck will arrive. There are many reasons trucks may arrive early or late on the day of delivery. The Fireplace Showcase (Fire-Mart, LLC) will make every attempt to deliver the product to the desired well marked area as access allows. An alternative placement area must be offered for non accessible areas.

Please make sure the area and pathway to the specific placement spot is free from any obstructions and pathways must be secure to withstand the load of the product being delivered as well as the equipment to deliver the product. All septic systems, wells or other possible underground or hidden structures must be clearly marked so The Fireplace Showcase (Fire-Mart, LLC) drivers and equipment can avoid these areas. The Fireplace Showcase (Fire-Mart, LLC) and it's employees cannot be held responsible or liable for damage caused by the extreme weight of product and equipment when asked to deliver beyond the curb. The Fireplace Showcase (Fire-Mart, LLC) abides by zoning laws that may affect the placement of the product including but not limited to the non-placement of product on a roadway or sidewalk area that may block access. When choosing Put Product in Garage Option keep in mind that you are paying for specialized equipment capable accessing most common garage areas. This equipment can limit the amount of product that can be carried by our trucks. As such this fee is not refundable for any reason. If for any reason the driver cannot access the garage or placement area an alternative placement area will be used at the drivers discretion. The Garage Placement Fee is not refundable. By finalizing and placing this order you the customer agrees to accept full responsibility for any issues or damage that may occur due to size and weight of trucks or equipment. If The Fireplace Showcase (Fire-Mart, LLC) delivery persons feel the area is unsafe and/or unfriendly to enter, The Fireplace Showcase (Fire-Mart, LLC) holds the option to decline to deliver in that area. At that point, merchandise can and will be put in another area at that address and customer will be responsible to bring it in the house. If customer cancels order or refuses to take delivery of product that cannot be placed in the desired spot due to the area not being safe or accessible, the customer is responsible for non-refundable delivery charge along with a returning service charge of 15% of the total order which will be taken off the refund of the sales slip. The Fireplace Showcase (Fire-Mart, LLC) delivery people are not permitted to detach or move any merchandise that is in the area for the new merchandise. When the merchandise is delivered, check it over and sign the slip stating that you are satisfied with your delivery.

At this time, The Fireplace Showcase (Fire-Mart, LLC) ships merchandise to designated towns and locations in the State of Rhode Island and designated towns and locations within the state of Massachusetts, United States. If a purchase is made outside of our delivery area you will be refunded in full for your purchase. The risk of loss, theft, damage, and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to your home.

Sales Tax

The Fireplace Showcase (Fire-Mart, LLC) charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.

Warranties

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. The Fireplace Showcase (Fire-Mart, LLC) makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. The Fireplace Showcase (Fire-Mart, LLC) SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL The Fireplace Showcase (Fire-Mart, LLC) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Return Policy

You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). The Fireplace Showcase (Fire-Mart, LLC) reserves the right to change its payment procedures at any time without prior notice to you.

Any pellets that have been purchased, picked up, and/or delivered that the customer requests to be returned/refunded that cannot be swapped out with another pellet will be subject to a 15% restocking fee. If product can be swapped out, a non-refundable delivery/trip fee will apply. All products coming back to The Fireplace Showcase (Fire-Mart, LLC) must be in the same condition it was delivered in - not damaged and secured with the same pellet cover and shrink wrap. If a customer requests a product to be picked up for any reason, a 15% restocking fee will apply on the total of the invoice. The Fireplace Showcase (Fire-Mart, LLC) does stand behind our product. All requests for damage product must be received within 10 days from the date of delivery. If a product is damaged due to The Fireplace Showcase (Fire-Mart, LLC) or the manufacturer, the customer needs to call and email pictures. Once pictures are reviewed, a manager will call with a solution. If product is damaged due to where the customer has stored the product, The Fireplace Showcase (Fire-Mart, LLC) is not responsible for any reimbursement on that product. Any claims made after the 10 days after product has been delivered will be handled on an individual basis with a manager and is NOT guaranteed a refund or replacement of product. All orders must be confirmed by the customer in order for The Fireplace Showcase (Fire-Mart, LLC) to process the payment and schedule out the delivery. If the customer delays the confirmation of the order, that order is subject to change for the pricing for what the product would be selling for when the confirmation does arrive. Any email inquiries that are sent via email for product is not an order until it is confirmed with a sales representative at The Fireplace Showcase (Fire-Mart, LLC).

Any orders placed for immediate pick up or delivery or with delay delivery with free storage will be charged to the credit card used in placing the order once the order is confirmed by our office via phone or confirmation email. Any items sold as a special through The Fireplace Showcase (Fire-Mart, LLC) as a final sales or cash-n-carry are all priced accordingly to compensate for any damage that may be with the pellets/skids. These items are all SOLD "AS IS" and NO Refunds or Exchanges will be permitted. The Fireplace Showcase (Fire-Mart, LLC) does not warranty or guarantee the performance of any pellet or other heating fuel in any particular stove or burning unit. All wood pellets and other alternative heating fuels are backed by the specific manufacturer. The Fireplace Showcase (Fire-Mart, LLC) will replace or credit purchases only when authorized by the manufacturer. The Fireplace Showcase (Fire-Mart, LLC) strongly recommends and encourages all products be tried before purchasing full pallets. Please be aware that all wood pellets and other alternative heating fuels can vary in performance from bag to bag and pallet to pallet and that all test results come from manufacturers and independent third party testing labs.

REFUND POLICY

All refunds by check, credit card or cash are issued by the main office located in Seekonk, MA on weekdays only between 10-4pm. Refunds will be issued within 21 days. The Fireplace Showcase (Fire-Mart, LLC) will refund via the payment method the customer used during purchase. If cash was used during the transaction The Fireplace Showcase (Fire-Mart, LLC) reserves the right to return the purchase via Credit Card or Check if sufficient cash is not readily available in the store. Refunds on customers checks will be made after 14 days from payment date due to bank delays. Refunds made on bank cards will be credited to the account used at the time of the purchase. The Fireplace Showcase (Fire-Mart, LLC) DOES NOT do price guarantees on wood pellets or other alternative fuels.

INSUFFICIENT CHECK, CHARGEBACK or REJECTED CREDIT CARD PAYMENT

Insufficient and Stop Payment Checks will be subject to a $30.00 fee each time check is reapplied for payment. Fee will be due immediately. Any Chargeback filed will be subject to a $25.00 fee per claim. The Fireplace Showcase (Fire-Mart, LLC) holds the right to refuse any new orders or balance of an order until the said chargeback fees are reimbursed to The Fireplace Showcase (Fire-Mart, LLC). Any court or legal fees that may be assumed by The Fireplace Showcase (Fire-Mart, LLC) in order to collect an overdue debt from the customer will be the responsibility for the customer to pay The Fireplace Showcase (Fire-Mart, LLC) back in full.

CANCELLATION:

Any pellet orders taken during the Early Buy, Spring or Summer Programs, which a customer requests a refund after two weeks, will be subject to a restocking fee of 15% of the total order, unless order is cancelled due to the manufacturer delaying product due to shortage or load delays.

Miscellaneous

PICK UPS

Any product being picked up by anyone else other than the person who placed the order will need to call ahead to get authorization from a manager. This policy protects our customers to ensure they get the product they ordered. ALL pick ups must be made at the time allocated on the original invoice. If product is not picked up by the said customer within that time frame, The Fireplace Showcase (Fire-Mart, LLC) holds the right to change the pricing on the order to the current market price and customer is responsible for paying at that difference time before product can leave the yard. If said customer processes a stop payment or a claim with their credit card company on the order for this said reason, they will be responsible for all fees incurred to The Fireplace Showcase (Fire-Mart, LLC) from the merchant provider and the interest on the money due to The Fireplace Showcase (Fire-Mart, LLC). When picking up product, the customer must pick up all product on the same day the product is ordered. Any product left in the warehouse for multiple days can not be guaranteed to be saved, set aside, or reserved for any customer. In the event the customer does not pick up all product on the same day and the product is sold out upon the customers return the customer is entitled to a refund or a credit for the amount of product not yet received towards a different brand of product that is in stock.

PRICING & PAYMENT

All written quotes from The Fireplace Showcase (Fire-Mart, LLC) will be honored while supplies last or expiration date whichever one comes first. Non-written quotes will not be honored by The Fireplace Showcase (Fire-Mart, LLC). All payment for product will be processed once product available for delivery or pick up.

LIMITATIONS

In no event, regardless of the form of the claim or cause of action (whether based in contract, negligence, strict liability, other tort or otherwise), shall seller's liability exceed the price actually paid by buyer to seller for the specific products giving rise to the claim or cause of action. Seller shall not under any circumstances, be liable for any consequential, incidental, indirect, special or punitive damages, whether or not foreseeable, no action, regardless of form, arising out of any transaction governed by these terms and conditions, may be brought by either party more than one (1) year after the cause of action has occurred. The foregoing allocation of risk and limitation of liability has been agreed to by the parties and forms the basis of their willingness to enter into any accepted order.

INDEMNIFICATIONS

Buyer agrees to indemnify, defend and hold Seller harmless from and against all losses, liabilities, claims, or causes of action for injuries or damages to any person or product arising out of or in any way related to the Products or services including delivery, and further from and against any judgment, settlement, penalty, loss, costs, expenses, liability, damage or injury, including reasonable legal fees and disbursements,that Seller may, directly or indirectly, sustain, suffer or incur as a result thereof.

VOID WHERE PROHIBITED:

Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. The Fireplace Showcase (Fire-Mart, LLC) and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

GOVERNING LAW:

In the event of litigation both parties agree that the Law of the State of business registration of The Fireplace Showcase (Fire-Mart, LLC) shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

MISCELLANEOUS:

The Terms and Conditions constitute the entire agreement between you and The Fireplace Showcase (Fire-Mart, LLC) with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and The Fireplace Showcase (Fire-Mart, LLC) with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by The Fireplace Showcase (Fire-Mart, LLC). If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.