Last Modified: May 20, 2022

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BY PURCHASING A PRODUCT FROM CHEMINÉE NEST, LLC, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE.  YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM CHEMINÉE NEST OR THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE, OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CHEMINÉE NEST, LLC.

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            These Terms and Conditions of Sale (these "Terms") apply to the purchase and sale of products through chemineenest.com (the "Website") and/or from Cheminée Nest, LLC. These Terms are subject to change by Cheminée Nest, LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing from us. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

 

          These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products through this Website.

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1. Order Acceptance and Cancellation. You agree that your inquiry about our products and any order you place is an offer to buy, under these Terms, the products listed in your inquiry/order. All orders must be accepted by us or we will not be obligated to sell the products to you. Acceptance of your order and the formation of the contract of sale between us and you will take place by exchange of emails or written purchase order.

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2. Prices and Payment Terms.

(a)          All prices posted on this Website are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total. Unless otherwise agreed, payment shall be made online through the Website.

(b)          You are responsible for all shipping and handling charges.

(c)          Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, a down payment must be received by us in connection with our acceptance of an order. We may agree to receipt of 50% of the price upon acceptance of the order and 50% upon delivery.  

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3. Shipments; Title and Risk of Loss; Installation; No Returns.

(a)          We will arrange for shipment of our products to you.  Unless otherwise agreed, the products will be packed using our standard methods for packaging and shipping.

(b)          Title and risk of loss pass to you upon our transfer of the products to the delivery service. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

(c)          Installation of our products is your responsibility. We will provide measurement templates and installations guides, as a courtesy to assist you, but you are encouraged to consult with an installer (contractor, roofer, etc.) before purchasing.  You must arrange and pay for installation.

(d)          Given the custom nature of our work, we do not accept returns of the products.

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4. LIMITED WARRANTY.

          WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM US AND/OR THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.  

(a)          Who May Use This Warranty?

This limited warranty extends only to the original purchaser of our products. It does not extend to any subsequent or other owner or transferee of the product or the home.

(b)          What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from us.

(c)          What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

(i)          transportation;

(ii)         storage;

(iii)         installation;

(iv)         improper usage;

(v)          failure to follow the product;

(vi)         modifications;

(vii)        unauthorized repair;

(viii)       damage to the house or surroundings;

(ix)         normal wear and tear; or

(x)          external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

(d)          What is the Period of Coverage?

This limited warranty starts on the date of delivery and lasts for one year (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

(e)          What Are Your Remedies Under This Warranty?

With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.

(f)          How Do You Obtain Warranty Service?

To initiate warranty service, you must email customer service at carrie@chemineenest.com during the Warranty Period providing a detailed explanation and photos of the allegedly defective product.  

(g)          Limitation of Liability

          THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED FROM US, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF USE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

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5. Intellectual Property Use and Ownership. You acknowledge and agree that Cheminée Nest, LLC is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Website and/or sold by Cheminée Nest, LLC is and will remain the sole and exclusive owner of all intellectual property and any related illustrations, specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights.   You agree that you will not copy our product designs.

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6. Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the control of the Impacted Party. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

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7. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Missouri.

 

8. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of these Terms is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

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9. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Cheminée Nest, LLC.

 

10. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

11. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. 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.

(b) To Us. To give us notice under these Terms, you must contact us by email at carrie@chemineenest.com. Notices provided by 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.

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

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13. Entire Agreement. These Terms and our order confirmation or purchase order/agreement will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

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