Terms and conditions of use - Denver Cabinet Express

Terms of Service for Denver Cabinet Express

• NO REFUNDS - Product is special order only and cannot be returned or exchanged.  Please verify that your list of cabinetry is accurate prior to placing your order as we are unable to change or modify orders once payment is processed.

• Denver Cabinet Express does not provide design services.  All design services provided by our affiliates or third parties are subject to their own independent terms and conditions.  We are not be liable for inaccurate measurements or design issues as it is up to you "the purchaser" to verify all measurements, cabinetry and designs.  

• Certain states do not modify hinge position to your specification during production. Default hinge position is Hinge Right from the factory and can be easily switched to Hinge Left by flipping the door on site. This is applicable on all cabinetry.

• Warranty issues within the criteria of the J&K Warranty can be handled via the customer service portal on our website or via email.  Installed or modified cabinetry cannot be replaced under warranty.  Warranty must be exchanged by the purchaser at the nearest J&K even if delivered.  

• Backorders are very infrequent however they do occur.  Normally they are resolved within 1-4 weeks however they may take longer in some cases.  No refunds.

ONE YEAR LIMITED WARRANTY

J&K Cabinetry hereby warrants that all cabinets sold by J&K Cabinetry are free from defects in material and workmanship for a period of one

year from the date of purchase. This warranty is expressly and exclusively limited to repair or replacement of the defective part at the sole discretion of J&K

Cabinetry, and does not include labor for removal or replacement of the defective part. This warranty applies only to the original purchaser and is not transferable

to any other party. This warranty does not extend to defects caused by improper handling, storage, installation, assembly or disassembly, damage, product

modifications, exposure to the elements, misuse, abuse, or negligence.

VARIATIONS AND ENVIRONMENTAL EXPOSURES NOT COVERED. By purchasing the product, the original purchaser acknowledges that natural

wood may vary in texture, color, and wood grain and it may exhibit subtle changes as it ages. Sunlight, smoke, moisture, household cleaners, and other

environmental conditions may cause the materials to vary from their original color and to warp, split, or crack. These variations are considered to be natural and

related to the environmental exposure of the product and are not covered under this warranty.

UPDATED PRODUCT LINES. J&K Cabinetry periodically updates and makes changes to its product line and specifications. If a warranty claim is filed

against obsolete or changed product and repair is not possible, J&K Cabinetry will replace the part under warranty with a new part of the same style or with a

similar style currently offered J&K Cabinetry is not responsible for a replacement product that may not match the installed product exactly.

DISCLAIMERS AND ADDITIONAL LIMITATIONS. J&K Cabinetry makes no other warranties other than those set forth above, and the original

purchaser’s exclusive remedies are limited to those stated above. ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING AN

IMPLIED WARRANTY OF MERCHANTABILITY AND AN IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. In no event

will J&K Cabinetry be liable for consequential or incidental damages, including but not limited to damages arising from personal injury, lost profits, loss of

business opportunity, loss of property, economic losses, or statutory or exemplary damages, whether any of the preceding damages are due to negligence, warranty,

strict liability, or otherwise. This limited liability applies to any and all parties, including an end-user or homeowner to which the original purchaser sells J&K

Cabinetry’s product.

INDEMNIFICATION OF J&K Cabinetry BY THE ORIGINAL PURCHASER FOR ASSEMBLY AND INSTALLATION WORK. Additionally, with

regard to any product assembled or installed by the original purchaser or its agents the original purchaser agrees to indemnify, defend, and hold J&K Cabinetry

harmless from and against any and all claims, lawsuits, judgments, losses, civil penalties or actions, costs, liabilities, damages, and expenses (including

attorney’s fees) by any party, entity, or class, arising from or related to any (a) acts or omissions of the original purchaser or its agents or contractors, (b)

products provided by the original purchaser or its agents or contractors, (c) dispute regarding the original purchaser ‘s product warranties, guarantees,

covenants, or representations, any breach thereof, and the breach of any applicable law or otherwise, (d) disputes regarding promotional or advertising matter,

fixtures, displays, guarantees, representations, warranties, labels, and instructions, verbal or written, furnished by the original purchaser or its agents or

contractors, (e) disputes regarding infringement of any patent, design, trade name, trademark, copyright, trade secret, or any other right or entitlement of any

third party, (f) environmental, property, and toxic tort claims, lawsuits, judgments, losses, civil penalties, or actions, and (g) claims against J&K Cabinetry by the

original purchaser ‘s employee regarding workers’ compensation matters. This agreement to indemnify agreement to indemnify, defend, and hold harmless J&K

Cabinetry applies irrespective of any negligence by J&K Cabinetry except to the extent determined in legal proceedings that the loss resulted from the sole fault

or negligence of J&K Cabinetry.

NON-TRANSFERABILITY OF WARRANTY. J&K Cabinetry’s warranty is not transferable to end-users, including consumers and homeowners who

purchase J&K Cabinetry. products through the original purchaser. Any and all end-user warranty claims must be handled through and by the original purchaser,

which may independently provide warranties to the end-user. Where the original purchaser, through its independent warranty with an end-user, is liable for a

claim that (1) would otherwise have been covered by J&K Cabinetry’s warranty to the original purchaser but for its non-transferability and (2) occurs within oneyear

from the end-user’s date of purchase, J&K Cabinetry will reimburse the original purchaser for the repair or replacement cost, up to the amount and only for

the limited claims covered under this warranty.

SUBMITTING A CLAIM. To submit a warranty claim, the original purchaser must contact the J&K Cabinetry office or warehouse from which the product was

purchased. The original purchaser must present (1) a copy of the invoice for the product as proof of purchase, dated no earlier than one years from the date of

warranty claim and (2) if the claim originated from an end-user, a copy of the end-user’s the original purchaser sales receipt, dated no earlier than one year from

the date of warranty claim. At its discretion, J&K Cabinetry may require an inspection of the allegedly defective product before repairing or replacing the product.

J&K Cabinetry may require returning the allegedly defective product, which may be returned per J&K Cabinetry ’s Defective Products Return Policy.

If you require any more information or have any questions about our Terms of Service or the J&K Warranty, please feel free to contact us by email Chris@DenverCabinetExpress.com.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

License to use website

Unless otherwise stated, and/or its licensors own the intellectual property rights published on this website and materials used on . Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website - except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without 's express written consent.
This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • 'framing' (iframes)
  • Article 'Spinning'

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of .

Restricted access

Access to certain areas of this website is restricted. reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. may change or modify this policy without notice.

If provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..

may disable your user ID and password at 's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

reserves the right to edit or remove any material submitted to this website, or stored on the servers of , or hosted or published upon this website.

's rights under these terms and conditions in relation to user content, does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Limitations of liability

will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of in respect of any:

  • death or personal injury caused by the negligence of or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of ; or
  • matter which it would be illegal or unlawful for to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against 's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect 's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as .

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify and undertake to keep indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by to a third party in settlement of a claim or dispute on the advice of 's legal advisers) incurred or suffered by arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to 's other rights under these terms and conditions, if you breach these terms and conditions in any way, may take such action as deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

may transfer, sub-contract or otherwise deal with 's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with 's Privacy Policy constitute the entire agreement between you and in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of , and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of .