Welcome to Oscar Surfaces (“Oscarsurfaces.com”, “Company”, “ We”, “Us”, or “Our”), a trusted provider of home improvement supplies and products. By accessing or using our website (the “Site”), you agree to comply with and be bound by the following Terms of Use ("Terms"). These Terms govern your access to and use of Oscar Surfaces's website, including all content, functionality, and services offered on or through the Site.

If you do not agree to these Terms, please refrain from using the Site. We reserve the right to modify or update these Terms at any time, and it is your responsibility to review them periodically. Continued use of the Site after such changes constitutes your acceptance of the updated Terms.

 

1. General Terms of Use

The General Terms of Use for Oscar Surfaces govern the way customers and users interact with our website and services. By accessing and using our website, you agree to abide by these terms, as well as any applicable local, state, or international laws. Oscar Surfaces reserves the right to update or modify these terms at any time, and it is your responsibility to check this page periodically for changes. If you do not agree with any part of the Terms, you should discontinue using the website. These terms also govern the use of any services, software, or products that may be offered on the site, ensuring both parties understand their rights and obligations.

By accessing or using this Website, you affirm that you are at least 18 years old and have the legal capacity to enter into and be bound by these Terms. This includes, but is not limited to, confirming that you possess sufficient mental capacity and are otherwise legally permitted to engage in contractual agreements.

 

2. General Use of the Website

The general use of the Oscar Surfaces website is governed by these Terms, and customers must access and use the website in a responsible, legal, and ethical manner. The website is designed to provide you with an easy and efficient way to browse, compare, and purchase our products. By using our website, you acknowledge that it is your responsibility to ensure that your activities comply with all applicable laws. Unauthorized use, including but not limited to hacking, transmitting harmful viruses, or interfering with the website’s functionality, is strictly prohibited. We also request that users respect the privacy and intellectual property rights of other users, the company, and third parties. By engaging in acceptable behavior, users help maintain a safe and productive shopping experience.

 

3. Termination & Modification

Oscar Surfaces reserves the right to terminate or suspend your access to the website or any services we provide, either temporarily or permanently, without notice, for any reason. If you violate the Terms of Use or engage in conduct deemed harmful to the platform, we may disable your account or access to certain features. Additionally, we reserve the right to modify, suspend, or discontinue any portion of the website at our discretion. These changes may include updating or removing content, altering website functionality, or changing service offerings. Any updates to these Terms of Use will be posted on our website, and by continuing to use the site, you agree to the updated terms. Users are encouraged to review these Terms regularly to stay informed of any changes that may impact their use of the website.

 

4. Privacy & Security

At Oscar Surfaces, we value your privacy and are committed to protecting the personal information you provide to us. Our Privacy Policy outlines how we collect, use, and safeguard your data when you visit our website or make a purchase. By using the site, you consent to the collection and use of personal information in accordance with our privacy practices. We employ industry-standard security measures to protect your data, but please note that no method of transmission over the internet is 100% secure. We encourage users to review our Privacy Policy regularly for updates regarding how their personal information is handled. It is important that you understand what data we collect, how it is used, and how we keep it secure.

 

5. Monitoring, Conduct, and Acceptable Use

Oscar Surfaces is dedicated to maintaining a safe and respectful online environment for all users. We may monitor activity on our website to ensure compliance with these Terms of Use and protect our services and users from harmful or inappropriate conduct. Users are expected to adhere to a set of guidelines that promote ethical behavior, including refraining from harassment, the use of offensive language, or any activity that may disrupt the website’s functionality. Acceptable use extends to respecting the intellectual property rights of Oscar Surfaces and other users. Any unauthorized activity, such as using the site for illegal purposes, spamming, or spreading malicious content, is strictly prohibited. By agreeing to these Terms, users consent to these standards and understand the consequences of engaging in prohibited conduct.

 

6. Creating and Using an Account

To fully access certain features of the Oscar Surfaces website, you may need to create an account. By creating an account, you agree to provide accurate and up-to-date information, including your name, email address, and payment details. You are responsible for keeping your login credentials confidential and for all activities under your account. It is your responsibility to notify us immediately if you suspect any unauthorized access or use of your account. Users must not share their account details with others or permit anyone to use their account inappropriately. By registering an account, you consent to receiving communications from us related to your account, orders, and promotional offers. We reserve the right to suspend or terminate accounts that do not comply with our Terms of Use.

 

7. Section titles

The section titles in these Terms are provided for convenience only and have no legal effect on the interpretation of the Terms. The headings are meant to guide you through the document and should not be relied upon to interpret the content of the sections. The legal weight of these Terms comes from the language and content of the provisions themselves, rather than their headings.

 

8. Ownership & Proprietary Rights

All content on the Oscar Surfaces website, including but not limited to text, images, logos, videos, software, and any other materials, is protected by copyright, trademark, and other intellectual property laws. This content is owned or licensed by Oscar Surfaces and is intended for personal or commercial use related to your purchases. You are granted a limited, non-transferable, non-exclusive license to access and use the content solely for personal, non-commercial purposes. Unauthorized use, reproduction, or distribution of any content from the website is prohibited. By using our website, you acknowledge and respect our intellectual property rights and agree not to infringe upon them. Any violation of these rights may result in legal action.

 

9. Third-Party Sites, Products & Services, Links

Oscar Surfaces may provide links to third-party websites or services for your convenience, but we do not endorse or control the content of these external sites. When you click on a link to a third-party site, you are leaving the Oscar Surfaces website, and any transactions or interactions you engage in on that site are governed by their own terms and policies. Oscar Surfaces is not responsible for the availability, legality, or accuracy of third-party content or products. We do not guarantee the quality, safety, or performance of products or services offered by third parties. We recommend that you review the privacy policies and terms of use of any third-party websites before engaging with them.

 

10. Disclaimer, No Warranties, Limitation on Liability

Oscar Surfaces provides the website and its services “as is,” without any representations or warranties, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the website will be error-free or uninterrupted, and we make no guarantees regarding the accuracy, reliability, or completeness of the content. To the maximum extent permitted by law, Oscar Surfaces shall not be liable for any indirect, incidental, special, or consequential damages, including lost profits or business interruption, arising from your use of the website or reliance on its content. By using the website, you acknowledge that you do so at your own risk and that Oscar Surfaces is not liable for any damages that may occur.

 

11. Website Orders

When you place an order through the Oscar Surfaces website, you are making an offer to purchase products in accordance with the terms and conditions outlined here. We reserve the right to accept or decline any order based on factors such as product availability, pricing discrepancies, or errors in the order process. Once your order is accepted, we will send you a confirmation email, and the transaction will be processed. However, please note that we do not guarantee product availability until the order is finalized. If an item is out of stock or if there are any issues with your order, we will promptly contact you to resolve the matter. In the event of a dispute regarding the order, we are committed to working with you to address any concerns in a timely manner, ensuring customer satisfaction is our priority.

The prices for products and services listed on the Oscar Surfaces website are subject to change at any time without prior notice. All orders placed through the website are contingent upon the availability of the items at the time of checkout, and the final price will be determined when the purchase is completed. In the event of any discrepancies in pricing or product details, such as typographical errors or changes in product availability, we will notify you before completing the transaction. This ensures that you are made aware of any adjustments before confirming your order. While we strive to maintain accurate pricing and product information, errors may occasionally occur. In such cases, we reserve the right to correct any discrepancies by adjusting the price or, if necessary, canceling the order. We will always communicate these changes with full transparency.

 

12. Indemnification

You agree to indemnify, defend, and hold harmless Oscar Surfaces, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the website or any violation of these Terms of Use. This includes any claims made by third parties based on your actions, conduct, or content submitted through the website. By agreeing to these Terms, you acknowledge that you will be solely responsible for any legal liabilities or expenses incurred as a result of your use of the site. This provision is intended to protect Oscar Surfaces from any legal consequences related to your use of our services.

 

13. Designation

Oscar Surfaces reserves the right to assign or transfer any of its rights or obligations under these Terms to any party without your consent. You may not assign or transfer your rights or obligations under these Terms without prior written approval from Oscar Surfaces. This provision ensures that Oscar Surfaces retains the flexibility to manage its business relationships and responsibilities while maintaining the integrity of our Terms of Use. If we assign our rights, the new party will assume responsibility for fulfilling the terms outlined in this agreement.

 

14. Continuity

If any provision of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. This means that if one part of these Terms is invalidated, the rest of the agreement remains valid and enforceable. This ensures that the overall intent of the Terms of Use is preserved, and users remain bound by the applicable rules and regulations.

Certain provisions of these Terms, including indemnification, limitation of liability, and dispute resolution clauses, are designed to remain in effect even after the termination or expiration of this agreement. This means that if you stop using the website or close your account, certain responsibilities and obligations will still apply. Survivability ensures that both Oscar Surfaces and the user are held accountable for any issues or actions that occurred during the term of the agreement. These provisions are essential to protecting the interests of both parties, even after the business relationship has ended.

For example, if there were any legal claims or liabilities that arose during your use of the website, they would still be enforceable, even if your account is closed. This ensures that both Oscar Surfaces and users are protected from any potential disputes or legal issues that could arise after the agreement has been terminated, allowing both sides to uphold their respective duties and responsibilities as outlined in the agreement.

15. Non-Waiver of Terms

 

Oscar Surfaces’ decision not to enforce a specific provision of these Terms immediately does not mean we are waiving our right to enforce it later. A waiver, or the act of giving up a right under these Terms, can only be granted in writing, and must be signed by an authorized representative of Oscar Surfaces. This means that just because we may not take action right away in response to a violation, it does not mean we are giving up the right to enforce that provision at a later time. Any waiver of our Terms will be formal and must be properly documented; it will not be assumed simply due to inaction or oversight. This ensures that we can uphold our rights under the agreement consistently, even if we don't act on every violation right away.

 

16. Children’s Online Privacy Protection Act (COPPA) Notification

Oscar Surfaces is committed to protecting the privacy of children online. In accordance with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect or solicit personal information from anyone under the age of 13. If we discover that we have inadvertently collected personal information from a child under 13, we will take steps to delete such information as soon as possible. Parents and guardians are encouraged to monitor their children’s online activity and ensure that they are not disclosing personal information on websites.

 

17. Legal Disputes & Jurisdiction

By using the Oscar Surfaces website, you agree that any legal disputes or claims related to the use of the site or these Terms of Use will be resolved in the courts within the jurisdiction where Oscar Surfaces operates. You consent to the personal jurisdiction of these courts and waive any objections to the venue or jurisdiction, meaning that legal proceedings will occur where Oscar Surfaces conducts business, regardless of your location. Additionally, before pursuing formal legal action, both parties agree to attempt to resolve disputes through informal negotiations or mediation. If an agreement cannot be reached, the dispute will be settled through binding arbitration in the appropriate jurisdiction, following the laws of that area. By agreeing to these Terms, you waive your right to a jury trial or participation in a class action, aiming to provide a clear, efficient dispute resolution process while minimizing lengthy legal proceedings.

 

18. Mobile Devices, SMS, and Mobile Applications

Oscar Surfaces may offer mobile-optimized features, SMS notifications, and mobile applications to enhance your shopping experience. By using these services, you consent to receiving messages related to your transactions, account updates, order confirmations, and promotional offers via SMS, email, or other mobile communication methods. It is important to note that you are responsible for any charges that may arise from receiving these messages, such as data charges or SMS fees from your mobile carrier. You can manage your preferences for receiving such communications, including opting out of certain messages, through your account settings. By choosing to interact with our mobile features or applications, you agree to these terms and take responsibility for any costs incurred from your use of mobile services.

 

19. Communications with Oscar Surfaces

By using our website, you consent to receiving various forms of communication from Oscar Surfaces, including transactional emails (such as order confirmations, shipping updates, and account notifications), promotional offers, and customer support inquiries. We aim to keep you informed about your transactions, special offers, and important updates. You also consent to receive marketing communications from us, which may include newsletters or exclusive deals. However, if you no longer wish to receive these marketing messages, you have the ability to opt out at any time. You can easily unsubscribe from promotional communications through the opt-out links provided in the emails or by adjusting your communication preferences in your account settings. Oscar Surfaces respects your privacy and will honor your decision to opt out of marketing communications.

 

20. Entire Agreement

These Terms of Use, along with our Privacy Policy and any other documents we reference, make up the complete agreement between you and Oscar Surfaces about how you use our website and services. This means that any previous agreements, discussions, or understandings, whether written or spoken, are replaced by this agreement. By agreeing to these Terms, you confirm that you have read and understood the entire agreement and that you accept its rules and conditions. In simpler terms, this is the full and final agreement between you and us, covering all the important aspects of your use of our site. It overrides any past discussions or agreements and ensures that both parties know what is expected.

 

 

Storage & Pickup

 

Courtesy Storage Policy

At Oscar Surfaces, we understand that transporting large and heavy items like flooring and fixtures may take time. To assist with this, we offer up to 7 days of free storage for your purchased items. After the free period ends, a storage fee of $10 per day will be applied to any items not picked up. This fee ensures that we can accommodate all customers while effectively managing our storage space.

If you cannot pick up your order within the 7-day period, please reach out to us as soon as possible to avoid any additional fees. Storage fees must be paid in full before the items are released. We encourage timely pickup to avoid unnecessary charges and ensure your order is available for you when you need it.

Our storage policy provides flexibility, but it’s important to stay aware of the storage timeline to avoid incurring extra costs. If more than 7 days are needed, we recommend contacting us for assistance. Our goal is to help you manage your order and make the pickup process as easy as possible while also making sure that items are available to other customers once the storage period ends. Please ensure you’re aware of the storage charges, and remember that they apply to the entire order.

 

In-Store Purchases Pick-Up Policy

For in-store pick-ups at our warehouse, you must present the original receipt to verify your purchase before collecting your items. This helps ensure that the merchandise being released matches your order and that you are the rightful owner. If someone other than you is picking up the order, such as a contractor or delivery service, they must be authorized in advance through our system.

The authorized person must present a valid government-issued photo ID for verification. This prevents fraudulent claims and ensures that your items are picked up by the correct person. If someone not listed as an authorized person arrives to collect your items, they will need your approval in person. These measures protect both you and the store from potential issues and ensure that only the correct person receives the merchandise.

By assigning a third-party representative, such as a contractor, to pick up your items, you are confirming that they are acting on your behalf and agree to the terms outlined. This policy is designed to keep the pick-up process secure and accurate for all customers, ensuring a smooth transaction at the time of collection.

 

Online Purchases Pick-Up Policy

When picking up an online order from our warehouse, you must provide three forms of verification: your online sales receipt, a valid picture ID, and the credit card used to place the order. These steps ensure that the person picking up the order is the rightful purchaser, helping to prevent fraudulent claims.

If a third party is picking up the order on your behalf, they must present the same three verification items: the receipt, their photo ID, and the purchasing credit card. Additionally, they must provide their details through our system, allowing us to link their information to the order for accuracy. This verification process is important to ensure that the correct person receives the merchandise.

By complying with these verification requirements, you help ensure the security of your online purchase. Oscar Surfaces is committed to protecting your order and making the pickup process as smooth as possible. These verification steps are designed to ensure a secure, accurate, and efficient pickup experience for both online and in-store orders.

 

Loading and Securing Merchandise Policy

When picking up merchandise from our warehouse, it’s your responsibility to provide a safe and appropriate vehicle for transportation. While we offer assistance loading your items, it is your duty to ensure that the load is secure before leaving the premises. If you feel the load is unsafe, you have the right to stop our employees from loading your merchandise. We may also refuse to continue loading if the situation is deemed unsafe.

Once the loading process begins, it’s your responsibility to properly secure the merchandise to prevent damage during transit. Oscar Surfaces is not responsible for any damage to your vehicle while loading. If machinery or equipment is used in the loading process, you must maintain a safe distance of at least ten feet for your safety.

The goal of this policy is to ensure both the safety of our staff and customers and the protection of your purchased items. We encourage customers to be proactive about checking the safety and stability of their load before departing. Ultimately, you assume full responsibility for the transportation of your merchandise, including ensuring that it is properly secured.

 

Vehicle Protection and Liability Disclaimer

By allowing Oscar Surfaces employees to load merchandise into your vehicle, you acknowledge and accept the risk of potential vehicle damage. While Oscar Surfaces takes care to load your vehicle safely, the company assumes no liability for any damage that may occur during the loading process, including damage to the vehicle itself or its components, such as tires, axles, suspension, windows, or truck beds. Additionally, we are not responsible for any damage that may occur during the transportation of the merchandise once the vehicle leaves the store. By proceeding with the loading, you release Oscar Surfaces and its employees from any liability related to these risks, and you assume full responsibility for the safe transportation of the merchandise.

 

Product Accuracy Verification Policy

It is essential to inspect your merchandise at the time of pick-up to ensure everything is accurate before leaving the store. Verify the type, quantity, color, and model numbers, particularly for specific products like porcelain and ceramic tiles. Any discrepancies or errors in your order must be reported immediately, and a manager should be notified before leaving the store.

By signing the receipt at pick-up, you acknowledge that you have inspected and verified the accuracy of your order. This includes checking for correct labels, product details, and quantities. Once you leave the store, no exceptions can be made, and the order will be considered final.

This policy is in place to ensure that you receive exactly what you paid for. If any issues are noticed after departure, they cannot be corrected, so we encourage careful inspection before leaving. Oscar Surfaces’s goal is to provide the highest quality products, and we want to make sure that your order meets your expectations right from the start.

 

Communications and Pickup Notifications

By providing your contact information to Oscar Surfaces, you agree to receive communications about the status of your order. These notifications may include text messages, emails, or phone calls regarding your order's pick-up, delivery status, or any other important updates. We aim to keep you informed throughout the process, ensuring that you’re aware of when your order is ready and any other relevant details.

This communication system helps streamline the pick-up process and ensures you’re always up to date with your order's status. We value your convenience and will keep you informed as your order progresses. If you ever have concerns about receiving these messages, you can contact us to adjust your preferences.

 

 

By using Oscar Surfaces' website and services, you acknowledge that you have read, understood, and agreed to these Terms of Use.

For any questions or concerns, please contact us at:

Email: sales@oscarsurfaces.com

Phone: (425) 998-4076