Terms & conditions
Welcome to the DECKORATE.NET website and co-branded versions of the website located at URLs that resolve to the domain name DECKORATE.NET (the "Website" or "Site"). As you have no doubt experienced with virtually all websites, your use of this Site, is subject to certain terms and conditions of use ( collectively "Terms") set forth below. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.
- USE OF OUR WEBSITE
- HOW PURCHASE CONTRACTS ARE FORMED
No contract ("Contract") in respect of the purchase of a product offered on the Site shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded. To place an order, you will be required to follow the shopping process online and press the "Make e Payment" button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the "Order Confirmation"). Your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched or, if you selected the Pick-up In Store option (where available), by sending you an email and/or text message (if you so authorize at the time of purchase) that the product is available for in-store pickup at the store you designated during the checkout process (collectively, the "Shipment Confirmation"). We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate 4 Shipment Confirmation. Notwithstanding the foregoing, your card or other method of payment will not be charged until your order is accepted and shipped. However, it may show a pre-authorization of the funds immediately upon placing the Order. You acknowledge and agree that we do not make any warranty or guarantee regarding when product(s) will be available for pickup through the Pick-up In Store option. For all purchases made through the Site, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.
- AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any money that you might have paid.
- REFUSAL OF ORDER
We reserve the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from the Website, whether it has been sold or not, removing or editing any materials or contents on the Website or for refusing to process or accept an order after we have sent you the Order Confirmation.
You may cancel an Order for certain products if the Order is still being processed (and has not gone to the shipping service) to receive a refund to your original form of payment of the price paid. Otherwise, you must return the product(s) in accordance with our Returns policy. The following products in an Order may not be cancelled: personalized or customized products.
Subject to the provisions of Clause 6 above, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 15 business days of the date of the Shipment Confirmation. Reasons for delay could include: 1. Customization of products; 2. Specialized products; 3. Unforeseen circumstances; or 4. Delivery area. For the purpose of these Terms, the "delivery" shall be deemed to have occurred or the goods shall be deemed to "have been delivered" upon receipt of the product(s) at the designated delivery address at the designated delivery address, as applicable. For all packages, we will try to find a safe secure place to leave your parcel as determined by the carrier delivering the package. In the event of a repeated issue with any particular address provided for you, we reserve the right to request an alternate address in order to fulfill your next Order.
- UNABLE TO DELIVER
Please note that an Order may be delivered to a neighbor, in case a delivery attempt is unsuccessful. Delivery to a neighbor address is upon judgment of the driver. Signature required orders which cannot be delivered will be returned to warehouse as stated above. The carrier will generally determine if the parcel can be left in a secure place at your delivery address. Your package may be returned to us if there is no safe place to leave the package at the point of delivery. For lost or missing packages, we will provide you with the information of the carrier and tracking number associated with your order so that you may contact them directly to track your package. Please note that we are not responsible for lost packages sent to mail forwarding providers.
- RISK AND TITLE
The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in Clause 9 above), whichever event occurs later in time.
- PRICE AND PAYMENT
The price of the products shall be the one quoted from time to time on our Website, except where there is an error. While we take care to ensure that all prices quoted on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund. We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at any time. Sales tax is charged (if applicable) according to the shipping address of your order as required by applicable law. Once you have finished shopping on the Website, all the products you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. Payment for orders will be made to DECKORATE BV. The amount of the purchase will not be charged to your original payment method until your order has been shipped to the delivery address. By clicking on the "Finalize Order" button, you are confirming that the chosen method of payment is yours or that you are the owner of the merchandise credit card. Cards are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery. If payment is made via PayPal, Apple Pay, the amount will be charged upon confirmation of your order.
- RETURNS AND EXCHANGE POLICY
(a) Online Purchases: Subject to the conditions set forth below, Deckorate will gladly accept return within fourteen (14) days of the date of the Shipment Confirmation e-mail, unless a longer period of time is specified in writing at the time of purchase, Order Confirmation, or Shipment Confirmation purchased on the Deckorate site. Refunds are made in the form of original payment. If the original form of payment is not available, please contact Customer Service.
You should send the product in the same package received by following the directions contained in the Return Policy. However, you will be responsible for the cost of returning the product to us. We are not responsible for lost packages. The cost of expedited shipping to you for the original order (if applicable) is not subject to refund. We are also not responsible for non-Deckorate merchandise included in any returns. If you have any doubts you can contact us through our “Contact Us” webpage. You will have fourteen (14) days from the date you request the exchange to return the original item(s). If you do not return the original item within fourteen (14) days, a charge will be applied for the amount of the original ordered item to the original method of payment. Exchanges of online purchases using PayPal or Apple Pay are not available at this time. For further information on returns and exchanges for online purchases please visit www.Deckorate.net. Please allow 1-2 billing cycles for the refund to appear on your bank statement (due to different banking institution policies).
Deckorate reserves the right to refuse returns of any skatebooards that do not meet the above return requirements in Deckorate’s sole discretion. For any questions or more information go to our Help section at www.Deckorate.net. This policy is in addition to and does not affect consumers’ rights under any applicable law. Please include with the product being returned all original boxes, instructions, documents, and wrappings. After reviewing the product, we will let you know whether or not you have a right to a refund based on our Return and Exchange policy conditions. We will process your refund as soon as possible and in any case; within thirty (30) days of the date the returned goods have been received by us. We will refund any money received from you using the same method used to make payment if the card is available. Customized or personalized products are not returnable or exchangeable.
- LIABILITY AND DISCLAIMERS
We publish information on the Site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described in the Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site will be available for purchase in all jurisdictions.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THEIR FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. We make no warranties of any kind regarding any non-DECKORATE sites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-DECKORATE sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL DECKORATE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE, OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF DECKORATE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCURES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. You will indemnify and hold harmless DECKORATE, its parent, subsidiaries, affiliates, officers and directors from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by DECKORATE and such parties, and shall defend DECKORATE and such parties against any and all claims arising out of (1) your use of the website or breach of these Terms and Conditions; (2) fraud you commit, or your intentional misconduct or gross negligence; and (3) your violation of any applicable law or the rights of a third party. DECKORATE will control the defense of any claim to which indemnity may apply, and in any event, you shall not settle any claim without the approval of DECKORATE. Due to the open nature of the Website, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website.
- INTELLECTUAL PROPERTY
The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials"), is DECKORATE property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under Belgian laws. Except as otherwise provided on the Site, or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site in whole or in part, for any public or commercial purpose without the specific prior written permission of DECKORATE. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials on the Site or Mobile App as well as features and/or hours of availability of the Site or Mobile App, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. As between you and DECKORATE, (or any other company whose marks appear on the Site), DECKORATE (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. The DECKORATE logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, and/or other intellectual property in such materials (collectively, "DECKORATE Intellectual Property") are owned by DECKORATE and may be registered in Belgium and internationally. You agree not to display or use the DECKORATE Intellectual Property in any manner without DECKORATE's prior permission. Nothing on the Site should be construed to grant any license or right to use any DECKORATE Intellectual Property without the prior written consent of DECKORATE. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by DECKORATE. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of Belgium, the United States, and/or other countries, as well as applicable laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using the Website to the extent necessary to make a copy of any order. DECKORATE makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of Belgium. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside Belgium, you do so at your own risk and you are responsible for compliance with the laws of the jurisdiction.
- COPYRIGHT AND/OR TRADEMARK INFRINGEMENT
If you believe a work on the Site constitutes infringement of your copyright, trademark or other intellectual property rights please provide us with a written communication containing the following information: 1. evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark; 2. a description of the copyrighted work or trademark that you claim has been infringed; 3. description of where the alleged infringing material is located on the Site, including the permalink where the material is located; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or trademark owner or authorized to act on the owner's behalf; and 7. your physical or electronic signature. DECKORATE can be reached at firstname.lastname@example.org
You agree to indemnify and hold DECKORATE, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your (including your dependents’ or agents’) violation of these Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
- WRITTEN COMMUNICATIONS
When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website, push notifications or messages. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
- REGISTRATION, PASSWORDS, AND SECURITY
To access some of our services you will have to complete an online registration form. You agree that all information which you submit ("Registration Information") is true and complete and that you will update your Registration Information to keep this information true and complete. Upon registering, you will create a password. You are solely responsible for any use of or action taken under your password on the Site. Your password may be used only to review information regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content and otherwise access and use the Site, and services on the Site in accordance with these Terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release DECKORATE from any and all liability concerning such transactions or activity. You agree to notify DECKORATE immediately of any actual or suspected loss, theft or unauthorized use of your account or password. DECKORATE has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. DECKORATE will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
- POSTED CONTENT AND SUBMISSIONS
As part of your use of the Site and services offered on the Site, you may upload, post, distribute or disseminate (collectively, "post") content and material (including but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which we, at our discretion, may allow you to post (collectively, the "Posted Content") on the Site. You hereby grant DECKORATE a right (including any moral rights) and worldwide license to use the Posted Content on the Site and to promote and advertise the Site and DECKORATE in any way. You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following: 1. post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it; 2. post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it; 3. post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; 4. post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity; 5. post any chain letter or pyramid scheme; or 6. post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. DECKORATE does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. DECKORATE does not confirm that each user is who he or she claims to be. DECKORATE exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred DECKORATE is in no way liable for such misuse. Because DECKORATE is not involved in user-to-user dealings and does not control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release DECKORATE from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. DECKORATE acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If DECKORATE becomes aware of any Posted Content that allegedly may not conform to these Terms, DECKORATE may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. DECKORATE has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. DECKORATE expects that you will use caution and common sense when using the Site and Services.
DECKORATE HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST DECKORATE FOR SUCH REMOVAL AND/OR DELETION. DECKORATE IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR MOBILE APP.
We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that DECKORATE has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through the Site is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through the Site, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, DECKORATE by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by DECKORATE.
All notices given by you to us should be given to us preferably via the avenues of contact provided on our "Contact Us” webpage. Subject to and as otherwise specified in Clause 18 above, we may give notice to you via either the email, message, push notification (if consent has been provided) or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter mailed. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
- BINDING NATURE; ASSIGNMENT
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a "Force Majeure Event"). A Force Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following: 1. Strikes, lock-outs or other industrial action. 2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 5. Impossibility of the use of public or private telecommunications networks. 6. The acts, decrees, legislation, regulations or restrictions of any government. 7. Any shipping, postal or other relevant transport strike, failure or accidents. Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event. 25. WAIVER No failure of DECKORATE to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the clause on Notices (Clause 21) above.
If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.
- OUR RIGHT TO MODIFY THESE TERMS
We have the right to revise and amend these Terms at any time. Your use of the Site after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and DECKORATE policies in force at the time that you order products from us.