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Terms of service

 
 

Terms of Service :

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using the website, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, including our Privacy Policy. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services. 

Intellectual Property

All content published and made available on our Site is the property of Home Depot and the Site's creators. Please do not copy images or content found on the website. The entire content included on this website, including but not limited to text, graphics, logos, button icons, and images, is copyrighted as a collective work under United States and international copyright laws and is the property of the Company. The collective work includes works that are licensed to the Company. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website, is strictly prohibited unless authorized in writing by the Company. 

Colors of Accuracy and Listings 

We attempt to be as accurate as possible when describing our products on our website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, or other content available on the website are accurate, complete, reliable, current, or error-free. 

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to: 

  • Violate the intellectual property rights of the Site owners or any third party to the Site; 

  • Hack into the account of another user of the Site; 

  • Act in any way that could be considered fraudulent; or 

  • Please do not copy images or content found on the website. The entire content included on this website, including but not limited to text, graphics, logos, button icons, and images is copyrighted. 

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site. 

Accounts

When you create an account on our Site, you agree to the following: 

You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and 

All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes. 

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions. 

Sale of Goods 

These Terms and Conditions govern the sale of goods available on our Site. 

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images.  

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund. 

Third-Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site. 

Payments 
We accept the following payment methods on our Site: 

  • Credit Card; 

  • PayPal; 

  • Direct Debit; and 

  • Affirm. 

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. 
 
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction. 

 

Applicable Law: 

This website is created, controlled and maintained by the Company, in the State of California. Accordingly, the laws of the State of California shall in all events govern any disputes relating to this website, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. The Company makes no representations as to the compliance of this website or its terms and conditions with any applicable law. If you choose to access this website from outside of the United States, you do so at your own risk and are responsible for compliance with all applicable laws. You may not use this website in violation of United States export laws. By using this website, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the State of California and agree that it shall serve as the sole and exclusive venue for any disputes relating to this website. Any claim or cause of action brought by you with respect to matters related to this website, including these terms and conditions, must be brought in a state or federal court located in the State of California and must be commenced no later than one (1) year after the claim arises. If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement as to matters relating to this website. 

Limitation of Liability

Home Depot and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses, including legal fees from your use of the Site and any En Gold products. The Company, its officers, directors, employees, agents, licensors and suppliers shall not be liable for any damages that result from the use of, or the inability to use, the materials on this website or the performance of the products, even if the Company has been advised of the possibility of such damages. Certain state laws may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may have additional rights. 

It is the buyers responsibility to ensure all safety advice provided by us is adhered to. us will not be liable for any losses, damages or injuries caused where products have been used in any way other than its intended use. 

Warranty Disclaimer 

This website and the materials and products on this website are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, En Gold disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. 

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Home Depot and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions. 

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid. 

General 

We reserve the right to refuse service to anyone for any reason at any time. By using this website, you acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting to the website. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of these conditions, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. 

Changes 

You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.