The Expert Purchase Terms and Conditions
Effective: June 14, 2022
These Purchase Terms and Conditions and apply to your purchase of Products and/or Delivery Services through the Marketplace and/or from The Expert with respect to purchase of Trade Vendor Products. These Purchase Terms and Conditions are incorporated into and made a part of The Expert Terms of Service, and which shall be deemed incorporated therein by this reference as if set forth in full in The Expert Terms of Service. All capitalized terms shall have the meaning ascribed to them in The Expert Terms of Service unless otherwise defined in these Purchase Terms and Conditions. In the event of any conflict between these Purchase Terms and Conditions and The Expert Terms of Service, these Purchase Terms and Conditions shall control solely with respect to the subject matter herein.
1.1. “Delivery Services” means white glove professional delivery and/or installation services provided by The Expert’s third party providers for Products purchased through the Marketplace and/or from The Expert through a Trade Vendor.
1.2. “Marketplace” means The Expert’s online marketplace platform, available through the Site, which users may browse and submit orders to purchase Products and Delivery Services.
1.3. “Products” means the home goods and products that users may purchase through the Marketplace and/or through a Trade Account.
1.4. “Trade Vendor” means a third party vendor from which The Expert may purchase Products on behalf of users through The Expert’s trade and/or reseller accounts with such third party vendor.
“Trade Vendor Terms” means the terms and conditions of the applicable Trade Vendor with respect to your purchase of Products through us from such Trade Vendor, including, but not limited to, those pertaining to, shipping, delivery, installation, returns and/or refunds policies ]
2. ORDERS & PAYMENT TERMS
2.1. Prices. Prices and availability of Products on the Marketplace and/or Products available for purchase through Trade Vendors are subject to change without notice. Errors will be corrected when discovered and The Expert reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).
2.2. Orders. You agree that by placing an order to purchase Products and/or Delivery Services through the Marketplace and/or directly with The Expert with respect to purchase of Trade Vendor Products (each an “Order”), constitutes an offer to purchase the Products and/or Delivery Services, as applicable, from us and does not constitute an agreement by The Expert to sell you the Products and/or Delivery Services.
2.3. Quotes. In some instances, where the Products purchased by you are made-to-order or custom, are purchased through certain Trade Vendors, or special arrangements and/or additional or customized fees are required for the purchase and/or delivery of the Products and/or Delivery Services requested by you, we may provide you a quote via email or other communication method setting forth the special arrangements and/or additional fees for the applicable Products and/or Delivery Services (each, a “Quote”). Upon your acceptance of the Quote (as evidenced by you via email or other communication method), the Quote shall be deemed an Order (as such term is defined above) and an offer by you to purchase the Products and/or Delivery Services as specified in the Quote, including any applicable special arrangements and/or fees. It is your responsibility to check all Quotes for accuracy with respect to the Products and/or Delivery Services requested by you. The Expert does not take and shall have no responsibility for the fulfillment and/or acceptance of an incorrect Orders by The Expert that reflect the terms and conditions of a Quote accepted by you as set forth above.
2.4. Order Acceptance. We reserve the right to accept or reject any Order (or any part or item of such Order) in our own discretion. If we accept your Order, you will receive an Order confirmation email at the email address that you provide at the time you placed the applicable Order. Acceptance of any Order by The Expert is made only on the express condition that these Terms shall govern. The Expert’s failure to object to provisions contained in any communication from you will not be deemed a waiver of any provision herein. Any additional or different terms proposed by you are hereby deemed material, are objected to, and are rejected by The Expert unless specifically accepted in a hand-signed writing by an authorized representative of The Expert. ONCE AN ORDER IS ACCEPTED BY THE EXPERT, YOU MAY NOT CANCEL YOUR ORDER UNDER ANY CIRCUMSTANCES.
2.5. Order Cancellation by The Expert. We reserve the right to cancel any Order at any time in our sole discretion, even if such Order has been accepted by us (as set forth above). Without limiting the foregoing, The Expert reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any Products and/or Delivery Services; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all Orders; and (d) refuse to provide any user with any Products and/or Delivery Services.
2.6. Trade Vendor Orders. If you elect for The Expert to purchase Products on your behalf from a Trade Vendor, upon our acceptance of your Order as set forth above and subject to your payment in full of the fees for such Product in accordance with these Purchase Terms and Conditions, The Expert will place the order to purchase such Product with the applicable Trade Vendor. Except where you have purchased Delivery Services from The Expert for a Trade Vendor Product, The Expert has no further obligation to you, or any responsibility or liability, for your purchase of Products from Trade Vendors beyond collecting the fees from you for the Product and placing the order with the Trade Vendor. The Expert does not guarantee the availability of any Trade Vendor Products or that the Trade Vendor will accept your Order to purchase such Products. The applicable Trade Vendor Terms shall apply to and govern your purchase of Trade Vendor Products. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND FOR COMPLYING WITH THE APPLICABLE trade VENDOR terms.
2.7. Shipping & Handling Charges. You must pay all shipping and handling charges based on the address you provide in your Order. Please note, shipping and handling charges are calculated, and based on the current shipping and handling rates, in effect at the time when you submit your Order and those shipping and handling charges will be included in the total price that you are charged for your Order. If shipping and/or handling costs increase due to a change of address or the shipping and handling rates increase at the time your Order is shipped (for example, with respect to Products with lead times), The Expert may, in its sole discretion and at its option, require you to pay, and you agree to pay, such additional shipping and/or handling fees or cancel your Order and refund the full amount you paid for the Order, if any.
2.8. Taxes. Except where required by law or where otherwise noted below), all posted prices are exclusive of all tariff, import, customs, duty or other governmental taxes and/or fees, VAT and other sales taxes, and other similar charges (all of the foregoing, collectively, “Taxes”). If your purchase of any Products and/or Delivery Services, as applicable, is subject to any Taxes, you are solely responsible for the payment of such Taxes (other than taxes based on The Expert’s income), and any related penalties and interest, arising from the payment of the fees, the delivery of the Products and/or Delivery Services, and you expressly acknowledge and agree that we may charge you for those Taxes.
2.9. Payment Terms. You agree to, and shall, pay The Expert, and hereby authorize The Expert and its third payment processors to charge you, the fees (including, shipping and handling fees), Taxes, and other applicable charges, specified in the Order submitted by you to The Expert, or otherwise payable by you to The Expert as set forth in these Purchase Terms and Conditions, for the purchase of any Products and/or Delivery Services, in accordance with the payment terms specified therein, including, but not limited to, the Trade Vendor Terms if applicable to your purchase of Trade Vendor Products. Any amounts payable for Products that are made-to-order and/or Products with stated lead times shall be charged at the time of Order acceptance and are deemed a “prepayment” for such Products. You will be asked to supply certain information relevant to your Order including, without limitation, your credit card number, the expiration date of your credit card (and CCV#), your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) provided by you in connection with any Order. By submitting such information, you grant The Expert the right to provide such information to our third party service providers for purposes of facilitating the completion of Orders initiated by you or on your behalf. Verification of your information may be required prior to the acknowledgment or completion of any Order.
3. DELIVERY & RETURNS; COMPLIANCE WITH LAWS
3.1. Delivery; Returns.
(a) Marketplace Products & Delivery Services. Products your purchase through the Marketplace will be shipped by a third party carrier and/or through our Delivery Services providers to the shipping address provided by you in connection with the applicable Order. As a result, title and the risk of loss, theft, damage or destruction of the Products will pass to you upon our delivery to (or pick up by) the carrier and/or providers of the Delivery Services. EXCEPT AS EXPRESSLY PROVIDED IN OUR RETURN POLICY, THE PRODUCTS AND THE FEES PAID BY YOU FOR THE PRODUCTS AND/OR DELIVERY SERVICES ARE NON-RETURNABLE AND NON-REFUNDABLE.
(b) Trade Vendor Products. Except where you have purchased Delivery Services from The Expert for a Trade Vendor Product, The Expert does not assemble, install, deliver or provide any related services in connection with your purchase of Products from Trade Vendors, and you are solely responsible for arranging shipping and delivery of the Products, and accepting the delivery of the Product, directly with the applicable Trade Vendor. Returns and/or refunds of Product purchased through Trade Vendors are subject to the applicable Trade Vendor Terms. You are solely responsible arranging any returns and/or exchanges directly with the applicable Trade Vendor, and for the payment of all associated costs with any such returns and/or exchanges. The Expert does not process returns for, nor will it accept returns of, any Trade Vendor Products, and you will be solely responsible and liable for any associated costs, fees, expenses, losses and/or damages incurred by The Expert, including, but not limited to, and damage to and/or loss of the Product, arising from your return of any Trade Vendor Products to us.
(c) Shipment & Delivery Timelines. The dates and timelines specified for shipment, delivery and/or manufacture and/or products lead times for the Products, including, but not limited to, the Vendor Products are estimates only. The Expert will not be liable for the failure to ship, deliver, and/or the manufacture and/or production of any Products, including, but not limited to, any Vendor Products, by the estimated timelines.
3.2. Compliance with Laws. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, and use of the Products and/or Delivery Services. By placing an Order, you represent that the Products and Delivery Services ordered will be used only in a lawful manner and in accordance with these Terms.
4. DELIVERY SERVICES
If you purchase Delivery Services, you acknowledge and agree that you are solely responsible for your decisions relating to the Delivery Services. Either you or someone else 18 years of age or older authorized by you must be present at all times during the performance of the Delivery Services. You are responsible for inspecting the Delivery Services and signing any applicable forms and document required by us, or our providers of the Delivery Services. If you are not present during the performance of Delivery Services, the adult present must be authorized by you to inspect the Delivery Services and sign any required forms on your behalf. You are responsible for designating the location where the Delivery Services will be performed, including, without limitation, any required assembly, installation and/or other work required in connection with the performance of the Delivery Services. You are responsible for obtaining any required approvals, permissions, permits, and variances necessary related to the Delivery Services. The Expert and its providers of the Delivery Services make no recommendation, representation, or warranty regarding the use or location of the Products, including the surface on which they are installed. You acknowledge and agree that you have not relied on any statement made by any of the foregoing parties in determining the use or location of the Products. You assume all risk, including any risk of relocation or removal, arising from the use or location of the Products. You will follow all instructions and warnings relating to the Products and will ensure that all persons who use the Products do the same.
You agree to, and shall indemnify, defend and hold harmless The Expert, its employees, contractors, service providers, vendors, and/or agents, from and against any and all claims, actions, demands, liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) arising from (a) your breach of these Purchase and Sale Terms; (b) violation of any Trade Vendor Terms; (c) failure to perform and/or comply with your obligations and responsibilities applicable to any Products and/or Delivery Services purchased by you, (d) your use and/or misuse of the Products and/or Delivery Services you purchase, and/or (e) your return of any Trade Vendor Products to The Expert. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, in which case, you agree to cooperate with us in the defense of the claim. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you.
6. DISCLAIMER OF WARRANTIES & LIMITATIONS ON OUR LIABILITY
6.1. Disclaimer of Warranties - Generally. THE PRODUCTS (SUBJECT TO THE RETURN POLICY WITH RESPECT TO MARKETPLACE PRODUCTS ONLY) AND/OR DELIVERY SERVICES ARE ALL PROVIDED "AS IS" AND "AS AVAILABLE". THE EXPERT AND ITS LICENSORS, VENDORS, PROVIDERS, AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
6.2. Disclaimer – Product Information, Colors; Product Listings. ALL PRODUCT INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES AND PERSONAL USES ONLY. YOU UNDERSTAND AND AGREE THAT THE EXPERT USES COMMERCIALLY REASONABLE EFFORTS TO DISPLAY THE COLORS OF THE PRODUCTS ACCURATELY ON THE SITE AND THE MARKETPLACE. HOWEVER, BECAUSE INDIVIDUAL COMPUTER MONITORS AND/OR DEVICES MAY DISPLAY COLORS DIFFERENTLY, THE EXPERT IS NOT RESPONSIBLE FOR THE COLOR ACCURACY OF ANY PRODUCTS DISPLAYED ON OR THROUGH THE SITE AND/OR MARKETPLACE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
THE EXPERT ASSUMES NO LIABILITY WHATSOEVER FOR INACCURACIES, MISSTATEMENTS, OR OMISSIONS RELATED TO ANY PRODUCT INFORMATION, INCLUDING, WITHOUT LIMITATION, COLOR ACCURACY OF ANY PRODUCTS DISPLAYED OR LISTED ON THE SITE AND/OR MARKETPLACE. YOUR USE OF OR RELIANCE UPON ANY PRODUCT INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY IMAGES OF ANY PRODUCTS DISPLAYED ON OR THROUGH THE SITE AND/OR MARKETPLACE, IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE WILL NOT BE LIABLE.
6.3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE EXPERT BE LIABLE OR OBLIGATED, WITH RESPECT TO THESE PURCHASE TERMS AND CONDITIONS, THE PRODUCTS, AND/OR ANY DELIVERY SERVICES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF THE EXPERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR OBLIGATION: (A) IN THE AGGREGATE, FOR ANY AMOUNTS IN EXCESS OF THE GREATER OF THE FEES PAID TO THE EXPERT BY YOU UNDER THE APPLICABLE ORDER WITH RESPECT TO THE PRODUCTS AND/OR DELIVERY SERVICES GIVING RISE TO THE CLAIM OR LIABILITY, OR ONE HUNDRED DOLLARS ($100.00); (B) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR RIGHTS, or ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND THE EXPERT’S REASONABLE CONTROL.
THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THESE TERMS OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE EXPERT DISCLAIMS ALL LIABILITY OF ANY KIND OF THE EXPERT’S LICENSORS AND SUPPLIERS.
6.4. Application of Limitations and Disclaimers to Consumers. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the disclaimers, exclusions and limitations set forth in this Section 6 may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
6.5. Basis of the Bargain. The warranty disclaimer and limitation of liability set forth above in this Section 6 are fundamental elements of the basis of the agreement between The Expert and you. The Expert would not be able to provide Products and/or Delivery Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of The Expert’s suppliers.
7. FORCE MAJEURE
Regardless whether The Expert accepts your Order to purchase a Product and/or Delivery Services, The Expert will not be liable to you for any delay, non-delivery, non-acceptance, or any other matter (except for The Expert’s refund obligations in accordance with our Return Policy) due to an event which prevents, impedes, or delays The Expert’s or any of its suppliers, vendors, service providers, contractors and/or subcontractors performance of its obligations hereunder, such as an act of God, terrorism, war or other military or police action, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, changes in applicable law or regulation, uprising, labor dispute, shortage of materials, fire, earthquake, flood, telecommunications or Internet failure, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, or any other natural or man-made eventuality outside of The Expert’s control.
8. CALIFORNIA PROPOSITION 65
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. For more details on California Proposition 65, visit: https://www.p65warnings.ca.gov/. These warnings relate to some, but not all, Products (or components contained in Products). For example, crystal glassware, ceramic tableware, and tiffany style lamps may expose you to lead, a chemical known to the State of California to cause birth defects or other reproductive harm, and electrical cords may contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. Please refer to the specific warnings on the Product listing for each Product. If you have any questions regarding a specific Product, please contact us at firstname.lastname@example.org prior to ordering.
9. QUESTIONS AND ADDITIONAL INFORMATION
Please feel free to contact us at email@example.com if you have any questions about these Purchase Terms and Conditions.