Terms and Conditions

TERMS AND CONDITIONS OF PURCHASE

1. All sales of goods are subject to these terms and conditions ("Terms") of D&L Art Glass Supply, Inc., a Colorado corporation ("D&L"). Any additional or different terms and conditions set forth in any communication from the Buyer are hereby rejected by D&L and shall not be effective nor binding unless consented to in a separate writing by an authorized representative of D&L. D&L reserves the right to change these Terms in its sole and absolute discretion at any time and for any reason. Any such changes to these Terms will be posted on D&Ls website at https://www.dlartglass.com/about/terms. These Terms constitute the entire agreement between the parties.
2. Payment terms are cash in advance except where open account credit is established and maintained to the satisfaction of D&L, per which payment terms are net thirty (30) days from date of invoice. The amount of credit or terms of payment may be changed, or credit withdrawn by D&L at any time. Payment shall be made for the goods without regard to whether Buyer has made or may make inspection or use of the goods. A late fee of 2% per month will be charged on all past due accounts (delinquent 30 days past invoice date). Buyer agrees to pay all costs incurred by D&L in collecting past-due accounts, including reasonable attorney's fees. No delay in enforcing these Terms shall constitute a waiver. D&L may impose a surcharge on payments made via credit card in an amount up to the actual cost incurred by D&L for processing such payment, in accordance with Colorado law.
3. Prices are exclusive of sales, use and excise taxes. These taxes and all other taxes shall be paid by Buyer unless Buyer claims and documents valid exemption from any taxes. Buyer shall also be responsible for all costs of shipment and insurance.
4. Except if otherwise specified, delivery shall be FOB D&L's address in Denver, Colorado. Title and risk of loss to goods purchased pass to Buyer upon delivery to carrier. D&L will use its best efforts to make deliveries as scheduled, but delivery dates are approximations only. D&L may deliver goods in installments. D&L shall not be liable to Buyer for any damages that Buyer may claim are caused by late or non-delivery.
5. All claims for shortage, incorrect fulfillment, or damage to goods must be submitted in writing to D&L Art Glass Supply within ten (10) days of the goods’ arrival at their destination. Claims made after this period will not be accepted. Claims or return requests related to defective or substantially non-conforming products will not be accepted by D&L under any circumstances; such issues must be addressed directly with the product’s manufacturer.
6. D&L is not liable for damages incurred during shipment from D&L to Buyer. If you receive damaged goods, you must accept shipment. Note evidence of damage on your delivery receipt, then file a damage claim with the freight carrier. Do not alter the box or the contents until the freight carrier has inspected them. If you refuse the shipment, you will be liable for any subsequent freight charge to and from D&L and will remain liable for the purchase price and will be liable as well for storage charges and uncollectible charges for shipment refusals. D&L will reasonably provide information to help you file your claim with the freight carrier.
7. All sales of glass, discontinued items, and sale items are final and non-returnable. All other merchandise may be eligible for return within 30 days of purchase, subject to review and written approval by D&L Art Glass Supply. No returns will be accepted unless the Buyer expressly notifies D&L in writing pursuant to Section 5 of these Terms. All returns are subject to inspection and approval before any credit is issued. Returned items must be in original, unused condition, include all original accessories and packaging, and be accompanied by proof of purchase, including the invoice number, Buyer’s account number, and the approved reason for return. D&L reserves the right to apply a restocking fee of up to 20% of the total sales price of the returned merchandise (excluding shipping, handling, and taxes), which the Buyer will be responsible for. For abandoned orders held longer than 90 days, D&L may assess a restocking fee of up to 50%. Any applicable restocking fees may be deducted from refunds or credits issued by D&L.
8. In the event that any provision or part of these Terms are held to be unenforceable for any reason, such provision shall be modified to the extent needed to make the provision enforceable to the fullest extent of the law consistent with the parties' intent as expressed in these Terms. If modification will not make such provision enforceable, the provision or part thereof shall be deleted from these Terms without affecting the remaining portions hereof. No understanding, promise or representation, and no waiver, alteration, or modification of any of the provisions hereof, shall be binding upon D&L unless consented to in writing by an authorized representative of D&L.
9. D&L's sole obligation is limited to correction or replacement of incorrect order fulfillments as provided herein. THIS CONSTITUTES THE SOLE AND EXCLUSIVE LIABILITY OF D&L AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR EFFORT TO ACHIEVE ANY PURPOSE. IN NO EVENT SHALL D&L BE LIABLE UNDER ANY THEORY WHATSOEVER FOR ANY LOSS OR DAMAGE INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS, INTERRUPTION OR DELAY OF BUSINESS OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR INDIRECT OR DIRECT CONSEQUENTIAL DAMAGES, WHETHER OR NOT D&L HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL D&L BE LIABLE FOR ANY AMOUNT EXCEEDING THE PURCHASE PRICE PAID FOR THE GOODS.
10. By use of D&L's website, you agree that the information you provide to D&L, including but not limited to delivery address and credit card information, is accurate to the best of your knowledge and you agree that you are not engaging in fraud or misrepresentation or engaging in any other criminal or tortious activity via use of D&L's website or goods. To the extent you have provided false or fraudulent information to us via our website, or you use our website to engage in any other criminal or tortious activity, we may use the authority granted to us by law and by virtue of our contractual relationship to take any action(s) against you as allowed under law, including but not limited to pursuing actions against you in court.
11. These Terms are not subject to the United Nations Convention for the International Sale of Goods. Colorado, U.S.A., law governs these Terms. Any dispute arising out of any transaction with D&L or these Terms shall be resolved only in the courts of the City and County of Denver, State of Colorado, U.S.A. and the parties' consent to the exclusive jurisdiction of said courts, waiving all objections thereto.

ADDITIONAL TERMS AND CONDITIONS

This site is offered "AS IS." While we do our best to provide accurate and timely information and images, there are no guarantees of the accuracy or completeness of the information provided on the site. If you see information you believe is in error, please contact us so that we may review it.

You use this site at your own risk and assume all responsibility for doing so. You are responsible for keeping your password and account information safe. We reserve the right to cancel your account and deny you access to our site if you violate the site Terms and Conditions. Occasionally, we may make changes to the Terms and Conditions. It is your responsibility to read the site Terms and Conditions from time to time. Your continued use of the site will indicate your agreement to the revised Terms and Conditions.