The following Terms & Conditions apply to the use of ShopFireplace.com.
Terms of Sale
ShopFireplace.com is owned and operated by O’Malia’s Living Ltd., an Indiana Corporation.
It is expressly acknowledged and agreed that O’Malia’s Living Ltd. is not a manufacturer of products. Any and all warranties provided for any products sold or distributed by ShopFireplace.com and/or O’Malia’s Living Ltd. shall be limited to those expressly provided by the manufacturer of those products. To the extent permitted by applicable law, O’Malia’s Living Ltd. expressly disclaims any and all other warranties, whether expressed or implied, and whether arising by operation of law, course of dealing, usage, trade or otherwise, and expressly excludes and disclaims any and all implied warranties including, but not limited to, merchantability or fitness for a particular purpose.
Limitation of Liability
O’Malia’s Living Ltd. does not and shall not assume any liability whatsoever for use of, or defects which may be claimed in, any products sold or distributed by O’Malia’s Living Ltd. (the “Products”) on shopfireplace.com (the “Site”). The customer is advised to seek the assistance of a qualified licensed installer to ensure the proper selection and installation of any of the Products and compliance with local codes and ordinances. O’Malia’s Living Ltd. expressly disclaims and shall not be liable for any claims for damage, injury, cost or expense suffered or incurred as a result of or otherwise caused by the installation or use of any of the Products. The customer shall indemnify, defend and hold harmless O’Malia’s Living Ltd. and its employees, officers, directors, owners and agents, from and against any such claims for damage, injury, cost or expense suffered or incurred as a result of, caused by or otherwise related to the installation or use of the any Products purchased by the customer.
Lead times vary between manufacturers. The lead times quoted on our site or over the phone are approximate. Although, in most cases, you will receive your merchandise before the end of the lead time, back orders may occur which can delay the shipment of merchandise. When back orders occur, we do our best to notify you so that you have the option of waiting the additional estimated time or cancelling your order with no cancellation fees.
Terms and Conditions (“Terms”)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.shopfireplace.com website (the “Service”) operated by O’Malia’s Living Ltd. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Intellectual Property The Service and its original content, features and functionality are and will remain the exclusive property of O’Malia’s Living Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of O’Malia’s Living Ltd.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by O’Malia’s Living Ltd.
O’Malia’s Living Ltd has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that O’Malia’s Living Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In the event that a ShopFireplace.com product is mistakenly listed with a typographical or pricing error, O’Malia’s Living Ltd. reserves the right to refuse or cancel such orders placed for product with typographical or pricing errors, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, O’Malia’s Living Ltd. shall issue a credit to your credit card account in the amount that was charged to your credit card for the product with typographical or pricing errors.
You agree to defend, indemnify and hold harmless O’Malia’s Living Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall O’Malia’s Living Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
O’Malia’s Living Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Indiana, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Your use of this site shall be governed in all respects by the laws of the state of Indiana, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ShopFireplace.com products) shall be in the state or federal courts located in Hamilton County, Indiana. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ShopFireplace.com products) must be commenced within one (1) year after the claim or cause of action arises. O’Malia’s Living Ltd. failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. O’Malia’s Living Ltd. may assign its rights and duties under this Agreement to any party at any time without notice to you.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
ShopFireplace.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ShopFireplace.com.
If you have any questions about these Terms, please contact us.