E-Commerce Retailer

Shipping & Handling Terms Eisen Home will make every effort to adequately deliver any and all products as indicated by the purchaser. However, Eisen Home does not assume responsibility or liability on back charges for any loss or damage obtained due to delays or an inability to deliver. This includes but is not limited to the seller’s non-performance that may be caused by acts of war, labor difficulties, accidents, inability to obtain materials, carrier delays, or any other causes of any kind. Customer must inspect the shipment upon delivery before signing any proof of delivery form. It is required to make proper notations and take supporting pictures regarding the condition of the shipment on the delivery receipt. Notations such as “subject to inspection” or “no obvious damage” are considered improper markings. The vendor will still assume full responsibility of the product if an inadequate notation is made. If you are not allowed to inspect the merchandise due to a carrier’s company policy, make a notation of that as well. If the product appears to be significantly damaged, refuse the entire shipment. Take pictures of the damaged shipment. It is highly recommended to email all pictures and supporting documents to Eisen Home (cs@eisenhome.com). If any concealed damages are discovered after the driver has left, customers must report and notify their dealer immediately. The dealer must contact Eisen Home within 10 days after the shipment was received. Eisen Home will file a claim against the carrier if your customer receives a damaged shipment. It is the dealer’s responsibility to explain and reiterate to their customer all the procedures and necessary protocol when receiving a shipment. If your customer cannot wait for any claims to be finalized, dealers will need to purchase the replacement item at the full amount, pay any and all freight charges and corresponding handling fees. The dealer will be reimbursed for the damaged shipment once the claims with the freight carrier have been finalized and a resolution has been reached. Eisen Home does not guarantee a successful claim. Dealers are responsible for paying the shipping cost for any returned items. Eisen Home will file a claim for all shipping costs. Cancellations & Returns Any cancellations made before the merchandise is shipped will be reimbursed in full. Any cancellations that are made after the product has been shipped will be considered a return. Any special orders or custom manufactured items may not be cancelled or returned to Eisen Home. Product returns are not allowed after 15 days from inspection of delivery (FOB Eisen Home warehouse). All returns must be in its original packaging in “new” or “like new” condition with the manufacturer’s packaging intact and unharmed. All returns and/or cancellations must be reported to Eisen Home within 7 business days of the receipt of the merchandise. Otherwise, returns/cancellations will not be accepted in return by Eisen Home. Dealer and purchasers are responsible for all shipping and handling fees for all returned/canceled products. Product Limitation of Liability Eisen Home is not responsible for the installation of any of its products or merchandise. Eisen Home is not responsible for any additional parts or equipment required for the installation or use of any of its products or merchandise. Eisen Home shall not, under any circumstances, be liable for special or consequent damages. This includes but is not limited to the damage or loss of other property equipment, loss of profits, revenue or reputation, costs of replacement goods, costs of storage, handling and/or care of damaged, defective, or non-conforming goods or claims of buyer’s customers or services. Product Changes Eisen Home reserves the right to discontinue, alter, modify, or redesign products at any time. PRICES Prices subject to change without notice C.O.D.’s All C.O.D. orders will be cashier’s check or money order only. Company checks may be accepted upon submission of a signed Customer Information form for bank verification and approval. CREDIT All orders must be approved by our Credit Department prior to shipment. All new accounts must submit a copy of their Business License. Please allow ten (10) working days for credit approval. In the event the customer identified in the Customer Information Sheet is a Corporation, Limited Liability Company, Limited Partnership or other such separate entity, all persons signing below for the identified customer entity, by execution hereof, agree to personally guarantee and be personally liable for all amounts due YNM, Inc DBA Eisen Home. OVERDUE ACCOUNTS Overdue accounts will be assessed a finance charge of 1.5% per month (18% per annum). This finance charge applies to all overdue accounts. Failure to pay past due account balances, including finance charges, could result in future shipments being interrupted. In the event a credit is to be issued against an account, the credit will satisfy any outstanding balances including finance charges prior to issuance of said credit. In the event collection action for amounts due becomes necessary, the undersigned as principals and/or guarantors jointly and severally, promise to pay all collection costs, including reasonable attorney’s fees, whether incurred with collection, trial, appeal or otherwise, bankruptcy proceedings or post judgment collection services. WARRANTY This warranty extends only to the original owner/end-user for personal household use only. For commercial uses, additional limitations may apply. Eisen Home warrants mirrors, bathtubs, faucet finishes and fittings to be free from defects in workmanship and materials under normal use and service for a period of two (2) years. Eisen Home will, at its election, repair, replace, or make appropriate adjustment where Eisen Home optional inspection discloses any such defects occurring in normal usage within the warranty periods. Please note that Eisen Home is not responsible for installation or removal costs. Improper modification of any bathtub and/or faucet may void the warranty. This warranty does not cover any claim arising from abuse, misuse, negligence, accident, improper installation, or operations on the part of the purchaser. This warranty is void if the Eisen Home product is subject to alterations, or if repairs are attempted by anyone other than an authorized agent of Eisen Home. This warranty does not extend to any plumbing or components installed by dealers, installers or by any party other than Eisen Home. Implied warranties, including that of merchant ability or fitness for a particular purpose, are expressly limited in duration to the duration of this warranty. Eisen Home disclaims any liability for special, incidental, or consequential damages. SHORT SHIPMENTS Any claims on short shipments must be made to our office within five (5) working days of receipt of merchandise. FREIGHT All shipments are F.O.B. Los Angeles, CA. All shipments will be prepaid by Eisen Home and invoiced to the dealer. Unless otherwise specified, Eisen Home will choose the freight carrier most suitable for your shipping area. RETURN FEE A 15% restocking fee will be charged unless prior arrangements have been agreed upon between Eisen Home and the dealer. All items will be inspected for package and merchandise condition, to ensure items are resalable, prior to issuance of credit. Receiving Guidelines & Instructions Although our dedicated staff inspect the product and quality prior to dispatch, things may happen during transit that are out of our control, it's important to follow these guidelines to ensure a safe and flawless delivery. All shipments are covered and insured in case damage occurs during shipping if you follow below instructions. The carrier will call you when your item arrives to the local terminal to schedule a delivery appointment. You must arrange to be home or have a responsible adult (18 years or older) available to inspect, accept and sign for the delivery. Deliveries are usually made between the hours of 8:00 AM and 5:00 PM Monday through Friday and will be scheduled within a 4-hour window. Your item will be delivered on a lift gated truck and will be taken off the truck by the delivery driver. Upon delivery, please inspect your item(s). The driver MUST allow you at least 20 minutes to open the box and inspect your item as stated on the actual delivery slip, if the driver refuses to allow you that time to inspect your package, please refuse the shipment and contact us immediately. If you find any damage to the product or packaging, please take a photo if possible and note the details of the damage on the delivery slip. For example, if the bathtub is cracked or scratched, please write on delivery slip "side of bathtub is cracked". In other words, please describe the damage to the best of your ability. However, if you choose to refuse the delivery due to damage, please indicate "Refused Due to Shipping Damages" on the receipt. A signature is required for all deliveries. The driver is unable to complete delivery without a signed delivery receipt. Please Note: If you do not follow these guidelines, you will be liable for any damages that may have occurred during transit. Please be diligent when signing the delivery receipt by following the instructions explicitly stated above. Returns All merchandise intended for return is subject to approval and requires a Return Authorization Number. All items that were shipped LTL (i.e. bathtubs) requesting an RMA due to any other reason other than "defective" is subject to a restocking fee. YOU HAVE 24-48 HOURS TO NOTIFY US OF ANY DAMAGES TO AN LTL SHIPMENT, NO EXCEPTIONS. There is a 30-day return policy on all items that are NOT deemed LTL. This includes, but is not limited to items such as faucets, mirrors, showerheads, etc. All merchandise must be returned in its original packaging in new condition. To expedite return approvals, please email cs@eisenhome.com or call 213-425-3095. MAP POLICY Minimum Advertised Price is an agreement between suppliers and retailers stipulating the lowest price an item is allowed to be advertised at. “Advertising” means any advertising through authorized media. Authorized media consists of billboards, newspapers, magazines, catalogs, brochures, direct mail, retail flyers, television, radio, e-commerce, forums and dealer internet sites or any other method which uses the hypertext transfer protocol (“http”) or any internal link to a web-based shopping cart. Dealers may advertise Eisen Home products at or above the Minimum Advertised Price. The MAP is listed in the current Eisen Home dealer price list, catalogs and on official Eisen Home website. Eisen Home will monitor compliance with this policy. Violation of MAP policy will result in a 30-day warning to correct advertised pricing. Failure to do so may result in discontinuing the sale of products to the dealer or distributor *