Terms of Sale

Terms of Sale

Last updated: February 5, 2024

Please read these Terms of Sale ("Terms," "Terms of Service," “Terms of Sale”) carefully before using the website (the "Website") operated by Otile, a corporation organized in the United States ("us," "we," "our," “Seller”), as these Terms contain important information regarding limitations of our liability and your (“you,” “Buyer”) relationship with us as a purchaser of our goods.

Your access to and use of this Website, as well as any purchases made herein, are conditional upon your acceptance of and compliance with these Terms, in addition to our Terms of Use. These Terms apply to everyone, including but not limited to visitors, users, buyers, and others, who wish to access and use the Website. By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, you do not have our permission to access or use the Website.

In addition, you agree to be bound by and accept these Terms and conditions of sale as a condition of purchasing the goods listed on this Website.

Our Offers and Pricing

We offer goods for sale on this Website. The price of these goods can be found listed on the Website. This price does not include taxes, fees, duties, customs, or other charges that may apply unless otherwise indicated on the checkout page. Prices are subject to change without notice.

Requesting a Sample

We highly recommend requesting a complimentary sample to examine color, thickness, bevel, finish, shade, and more before finalizing your order. This ensures a confident choice and minimizes the potential for returns.

In the event of a return due to color preferences, both the original shipping charges and a 25% restocking fee will be deducted from the credit total. This fee applies to all orders, regardless of whether the item was returned without any quality issues.

Accuracy and Updates

Otile does not accept liability for errors or omissions on the Website, including product display pages. Otile reserves the right to change information, prices, specifications, and descriptions without notice. Product descriptions may not always be accurate, complete, reliable, current, or error-free.

While Otile makes reasonable efforts to display accurate colors and details, variations may occur due to monitor differences. Otile does not guarantee the exact representation of product color, texture, or detail.

The List Price on a product display page represents the full retail price set by Otile or the product's manufacturer or supplier. It does not include additional charges like shipping, handling, customs, duties, or taxes.

Strike-through or comparison prices are based on manufacturer/vendor reports or comparative surveys and may not always reflect Otile's previous selling price. Customers are encouraged to conduct their own comparison shopping.

Placing an item in the cart does not guarantee the List Price. Prices may change between placing the item in the cart and completing the purchase. Otile has no obligation to fulfill orders with incorrect List Prices and will inform customers of any errors.

Payment Terms

You shall pay all invoiced amounts due to us on receipt of our invoice. You shall make all payments hereunder via credit card, check, or other method as agreed, in U.S. dollars.

You shall pay interest on all late payments at the lesser of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You shall reimburse us for all costs incurred in collecting any late payments, including attorneys' fees. We may suspend delivery of any goods if payment is not made within ten (10) days of written notice.

You shall not withhold payment of any amounts due by reason of any claim or dispute with us.

Purchases

When you make a purchase on the Website, you will use a third-party payment processor, Stripe, which collects and processes your payment information. We are not responsible for the collection, use, or security of your billing information by Stripe. Accepted payment methods include all major credit cards: American Express, Discover, MasterCard, and Visa.

You represent and warrant that you have the legal right to use the payment method(s) and that the information provided is true, correct, and complete.

Receipt of an order confirmation does not confirm Otile's acceptance or constitute an offer to sell. Otile reserves the right to refuse or cancel orders for quantity limitations, inaccuracies, payment issues, product pricing errors, resale purposes, or breaches of these Terms. If payment has been made, Otile will issue a refund to the original payment method.

Cancellation Policy

Cancellations are allowed prior to shipment or prior to ordering special items required to fulfill your order. To cancel, contact us at [email protected]. No cancellation fee applies if the order is canceled before shipment.

Custom orders, container orders, or clearance items cannot be canceled once processed. Refunds of the full purchase price will be issued for canceled orders.

Refund Policy

Refunds are available within thirty (30) days of purchase if the item is in resalable condition, free from defects, uninstalled, in original packaging, and complete. All refunds are subject to a 25% restocking fee. Original shipping charges and restocking fees will be deducted from the credit total.

Returns outside of the 30-day period will not be accepted. Customers are responsible for return shipping costs. Refunds will be issued to the original payment method within 4–6 weeks of receiving the returned goods.

Exceptions to Return Policy

• Clearance items & Cut Orders: Non-refundable; sale is final.
• Returns due to color, thickness, bevel, or nominal size differences: 25% restocking fee applies, plus original shipping.
• Returns due to incorrect shade/dye lot: Sales are final; no returns.
• Returns due to mistake in order or incomplete order: 25% restocking fee applies, plus return shipping.

Shipping Policy

Goods will be delivered within a reasonable time, subject to availability. Partial shipments may occur. Title and risk of loss pass to you upon delivery. Orders not picked up within 30 days are canceled unless otherwise arranged.

Inspect shipments upon delivery. Document any visible damage. Tiles are typically delivered curbside; alternative proof of delivery methods may be used where signatures are impractical.

No Warranty on Purchases

All items are sold “as is.” Except for the limited warranty below, Otile makes no express or implied warranties, including merchantability, fitness for a particular purpose, title, or non-infringement.

Limited Warranty

Otile warrants goods for 30 days from shipment to materially conform to specifications and be free from defects in material and workmanship. Third-party products are not covered. Remedies include repair, replacement, or refund at Otile’s discretion. Buyer must notify Otile within five (5) days of discovering a defect and may need to return the goods for inspection.

Damages and Limitation of Liability

Otile is not liable for direct, indirect, incidental, punitive, or consequential damages. Maximum liability is limited to the service fees paid for the transaction.

Other Key Sections

Compliance with Law, Termination, Waiver, Confidential Information, Force Majeure, Assignment, Relationship of the Parties, No Third-Party Beneficiaries, Links to Third-Party Websites, Governing Law, Severability, Dispute Resolution, Venue, Notices, Survival, Changes to Terms of Service, Questions: [email protected]