Terms & Conditions of Sale

Last Updated: June 6, 2023

Thank you for shopping at iCabinetry! Before you complete your order, you must review and agree to our Terms and Conditions of Sale (the “Terms“). Please review the Terms carefully as they form a binding legal contract between you and iCabinetryDirect.com LLC (“iCabinetry,” “us“, “we“, or “our“).

1. PURPOSE; SCOPE

The Terms apply to the purchase and sale of our products (“Products“) and design services (“Services“) through www.icabinetrydirect.com (the “Site“) and contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please review them carefully before completing your order on the Site.

1. ACCEPTANCE OF AGREEMENT

By placing an order for Products from this website, you affirm that you are of legal age to enter into the Terms, and you accept and are bound by the Terms. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to the Terms.

Please note that Section VIII contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

YOU MAY NOT ORDER PRODUCTS FROM THIS SITE IF YOU (A) DO NOT AGREE TO THE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS OR OUR SERVICES OR PRODUCTS BY APPLICABLE LAW.

1. PRIVACY

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is collected, used and shared when you use the Site. By purchasing our Products or Services, you understand and agree that we can process your information in the ways set out in the Privacy Policy, so please read it here.

1. PURCHASE OF PRODUCTS
2. Order Acceptance. 

You acknowledge and agree that, when you submit an order through the Site, you are making an offer to buy, subject to the Terms, all Products listed in your order. All orders must be accepted by us to complete the transaction. If we do not accept your order, we are not obligated to sell you the Products in your order. 

1. Non-Fulfillment.

If, after accepting your order, we determine, in our sole discretion, that we will not be able to fulfill your order for reasons beyond our reasonable control, then we may cancel your order by providing notice to you and will have no further obligations or liability with respect to the order.

1. Customized Products; Dimensions. 

All of the Products offered through this Site are designed and custom built to the specifications described on this Site. We will provide Products that conform to those specifications. 

Who will check the compatibility of the Product(s) I purchase? You are responsible for ensuring that the measurements, dimensions, and specifications of the Products are compatible with your needs. 

Will iCabinetry confirm the compatibility of the Product(s) I purchase or remedy any issues relating to incorrect fit?No. As stated above, it is your sole responsibility to confirmthat the measurements, dimensions, and specifications of the Products are compatible with your needs. We will not provide refunds or exchanges for any Products you purchase that do not fit your site.

What happens if the information on the Site is incorrect? In the event that we make an error with respect to the specifications described on this Site, we are not responsible or liable for labor to modify or correct the error; instead, if appropriate and at iCabinetry’s sole discretion, we may work with you to pursue suitable replacement Products to the extent such error arose from iCabinetry.

1. No Installation Services for Products.

We do not provide installation services for the Products. It is your responsibility to install Products or have them installed by a professional. We are not responsible or liable for any damages, issues, losses, or other liabilities arising from the installation of Products or the modification of Products by you, any contractor, or any other person.

1. It is Your Responsibility to Ensure Proper Care of Products.

The Products offered through this Site must be stored in a proper climate-controlled environment. Products should not be subjected to extreme temperatures or humidity. In general, interior relative humidity must be maintained between 25% – 55% and temperature must be maintained between 55 – 80 degrees Fahrenheit. Further, the installation site must be properly maintained prior to the delivery and/or installation of the Products and thereafter. We are not responsible or liable for any issues with Products or installation sites that are not maintained within these guidelines or otherwise properly maintained and climate controlled per the needs of the specific Product, which you must research on your own accord.

1. Prices; Discounts; Promotions; Pricing Errors.

All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your order and in your order confirmation email. 

We strive to display accurate price information; however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

1. Terms of Payment.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept most major credit cards. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on this Site at the time of your order.

1. Shipments; Delivery; Title and Risk of Loss.

We will arrange for shipment of the Products to you. You are responsible for the payment of all shipping and handling charges specified during the ordering process of the Products.

You agree to accept delivery of the Products when they are ready. 

Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in in shipping or delivery, pursuant to Section IV(I), below.

1. No Cancellation or Modification Arising From Delays.

You understand and acknowledge that circumstances outside of our control, such as the COVID-19 pandemic, may cause supply chain issues, disrupt manufacturing processes, and result in other challenges that have or may cause significant delays in shipping or delivery time.

We strive to provide accurate estimated delivery times, however the actual shipping and delivery times are out of our control. We are not responsible or liable for any delays in shipping or delivery, whether caused by the COVID-19 pandemic or otherwise. 

YOU MAY NOT CANCEL OR OTHERWISE MODIFY YOUR ORDER BASED ON DELAYS IN SHIPPING OR DELIVERY.

1. No Cancellations, Returns, or Refunds.

OUR PRODUCTS ARE SPECIFICALLY DESIGNED AND CUSTOM BUILT FOR EACH ORDER. AS A RESULT, ALL ORDERS ARE FINAL AND MAY NOT BE CANCELLED, RETURNED, OR REFUNDED FOR ANY REASON INCLUDING, WITHOUT LIMITATION, DELAYS IN SHIPPING OR DELIVERY.

1. Damaged/Defective Products; Manufacturer’s Warranty; Disclaimer.

If you have received a Product that is damaged or defective as of the date of receipt, please refer to the manufacturer’s warranty included with the Product or as detailed in the Product’s description on our Site 

We do not manufacture or control any of the Products offered on our Site. Accordingly, we do not provide any warranties with respect to the Products offered on our Site. However, the Products offered on our Site may be covered by the manufacturer’s warranty as detailed in the product’s description on our Site and/or included with the product. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer’s warranty, if any.

At our sole discretion, we may attempt to work with the manufacturer to obtain a replacement for a damaged or defective Product. However, the determination of whether to provide a replacement Product is ultimately up to the manufacturer. 

IN THOSE CIRCUMSTANCES, YOUR ONLY REMEDY IS TO PURSUE A REPLACEMENT PRODUCT FROM THE MANUFACTURER. WHILE WE WILL ATTEMPT TO WORK WITH THE MANUFACTURER TO OBTAIN A REPLACEMENT FOR YOU, WHETHER THE MANUFACTURER PROVIDES A REPLACEMENT PRODUCT IS OUTSIDE OF OUR CONTROL AND WE CAN NOT GUARANTEE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THE SAME.

WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR (A) FIXING OR REPAIRING, OR LABOR FOR FIXING OR REPAIRING, ANY DAMAGED OR DEFECTIVE PRODUCT, (B) ANY ATTEMPTED FIX OR MODIFICATION OF THE PRODUCT OR (C) WAITING TIME OR TIME SPENT REPAIRING OR REPLACING A DAMAGED OR DEFECTIVE PRODUCT.

1. PURCHASE OF SERVICES

We offer exceptional design services to cater to your cabinetry design needs to assist in the formulation and implementation of your dream cabinetry design plan. 

1. Design Fee.

To get started with our Services, you must provide us with a non-refundable 10% design fee of the estimated project cost (the “Design Fee”). The Design Fee must be used towards the final project within six (6) months from the date the Deposit was provided to iCabinetry. 

1. Fees; Changes to the Plan.

The scope of the Services will depend on your specific needs but will include a conceptual design plan. You acknowledge that the estimated project cost does not guarantee the total of the final project cost. 

Please note that our Services are limited to the one (1) cabinetry brand selected by you at the time you provide the Deposit. The Design Fee allows you to revise your design plan no more than three (3) times; thereafter, additional design fees will be charged on an hourly basis for each hour of chargeable service incurred at a rate of $150/hour (the “Additional Design Fees”). 

Chargeable services include time spent preparing and reviewing cabinetry, trim and other related items with you during a consultation. Chargeable services may also include hours spent with other suppliers of materials and services which are not being purchased through iCabinetry, if applicable, which may include trim and cabinet carpentry, painting, and other items as requested by you.

1. Custom Purchases.

All custom purchases of Products will be procured on your behalf only upon our receipt of the full purchase price of the item in question. Applicable sales taxes and incurred freight charges will be invoiced periodically. We are not responsible for natural inconsistencies and variances associated with materials including, but not limited to inconsistencies in hand applied wood finishes. We are also not responsible for individual variations from samples to the final Product.

1. No Refund.

You acknowledge and agree that the Design Fee and the Additional Design Fees are non-refundable regardless of whether the Services have been completely rendered to you.

1. Delivery Delays.

Failure or delay in obtaining any Product or service from third-parties shall not affect the parties’ obligations under the Terms.

1. No Refund of Deposit or Fees.

The Terms shall apply to our provision of Services to you from the date we receive the Deposit or Design Fee until (i) the completion of described work or (ii) upon written notification by either party that the relationship is terminated. In any event, we are entitled to compensation for custom purchase made on your behalf, and with your prior approval, or for any chargeable services or reimbursable expenses incurred by us and authorized by you during the term of the Services engagement.

1. DISCLAIMERS

EXCEPT FOR WARRANTIES OFFERED BY A MANUFACTURER, IF ANY, ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE ARE NOT LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU, IF ANY.

1. LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT THAT YOU PAID TO US FOR THE PRODUCT(S) AT ISSUE THAT YOU ORDERED THROUGH OUR SITE.

NEITHER ICABINETRY OR OUR AGENTS OR EMPLOYEES SHALL BE JOINTLY OR INDIVIDUALLY LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE PROCEEDS OF THE AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE. YOU ASSUME ALL RESPONSIBILITY FOR ALL PERSONAL LIABILITY OR INJURY AND PROPERTY DAMAGE ASSOCIATED WITH THE PROVISION OF THE SERVICES.

1. VIII.DISPUTE RESOLUTION; BINDING ARBITRATION.

YOU AND ICABINETRY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THIS SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this 14. (The AAA Rules are available at www.adr.org/sites/default/files/Consumer-Rules-Web.pdf or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Etsy are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court if you provide us with written notice of your intention do so within 60 days of your purchase, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

If any provision of this Section VIII is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

1. MISCELLANEOUS
2. Force Majeure.

We will not be responsible or liable to you, nor be deemed to have defaulted or breached the Terms, for any failure or delay in our performance under the Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

1. Governing Law; Jurisdiction.

This Site is operated from the United States. All matters arising out of or relating to The Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.

1. Assignment.

You will not assign any of your rights or delegate any of your obligations under the Terms without our prior written consent. Any purported assignment or delegation in violation of this Section IX(C) is null and void. No assignment or delegation relieves you of any of your obligations under the Terms.

1. No Waivers or Amendments.

The failure by us to enforce any right or provision of the Terms will not constitute a waiver of future enforcement of that right or provision. None of our representatives or agents, unless expressly authorized by us in writing, has the authority to waive or amendment any of the Terms. You should assume that any of our representatives or agents that you talk to or correspond with do not have authority to waive or amend the Terms.

1. No Third-Party Beneficiaries.

The Terms do not and are not intended to confer any rights or remedies upon any person other than you.

1. Notices.

To You. We may provide any notice to you under the Terms by: (i) sending a message to the email address you provide or (ii) by posting to this Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To iCabinetry. To give us notice under the Terms, you must contact us: (i) by email to info@icabinetrydirect.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to iCabinetryDirect, Attn: Customer Relations, 3323 N. Key Drive Unit D-7 North Fort Myers, FL 33903. We may update the email or mailing address for notices to us by posting a notice on this Site. 

Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

1. Severability.

If any provision of the Terms are invalid, illegal, void or unenforceable, then that provision will be deemed severed from the Terms and will not affect the validity or enforceability of the remaining provisions of the Terms.

1. Entire Agreement

Our order confirmation, the Terms, our Privacy Policy, and any terms of use or other terms or conditions that generally apply to the use of our Site, will be deemed the final and integrated agreement between you and us on the matters contained in the Terms.

1. CHANGES TO THE TERMS

We may update the Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Site and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Site. Changes will be effective upon the posting of the changes, pursuant to the “Last Updated” date above, unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Site following the changes constitutes your acceptance of and agreement to the updated Terms.