Terms & Conditions
Apex Hardware NY Corp Terms & Conditions
PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE. These Terms constitute a legally binding contract between You and APex Hardware NY Corp (“APex Hardware NY Corp,” “Company,” “We,” “Us,” or “Our”). By accessing, browsing, or purchasing from APex Hardware NY Corp, you expressly agree to comply with and be bound by the Terms and Conditions herein. We reserve the unequivocal right to revise, amend, or modify these Terms and Conditions at any time without prior notice. Your continued use of our services or products following any such revisions constitutes your explicit acceptance of the updated Terms and Conditions. Therefore, it is imperative that you thoroughly review these Terms and Conditions before entering into any transaction with us. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1 - General Terms & Conditions
The Terms & Conditions and any other Policies established by APex Hardware NY Corp govern all product purchases unconditionally, regardless of the method of order placement. These terms supersede and override any additional or conflicting terms found in any Buyer document. Seller expressly rejects any such additional or inconsistent terms in Buyer documents, which shall not be binding unless explicitly accepted in writing by an authorized representative of APex Hardware NY Corp. The submission of a purchase order or other document containing conflicting terms does not imply acceptance by APex Hardware NY Corp, nor does it constitute a waiver of any Terms and Conditions outlined herein or in Seller’s acknowledgment.
Section 2 - Usage Guidelines for the Website
The internet domain, apexhardwareny.com, is exclusively owned and operated by APex Hardware NY Corp ("Company"), serving as the primary online platform for the Company's commercial activities, including product sales and related services.
In its capacity as proprietor and operator, the Company assumes full rights and responsibilities for the operation, content, and functionality of apexhardwareny.com. Users accessing the website are strictly bound by the Terms and Conditions outlined in the Company's legally binding Terms and Conditions, governing all aspects of website usage and the handling of user information.
All content showcased on apexhardwareny.com, encompassing text, images, videos, and other media, is safeguarded by intellectual property laws and strictly prohibited from reproduction, distribution, or utilization without explicit authorization from the Company.
This declaration constitutes a legally binding acknowledgment of apexhardwareny.com's status and ownership, as well as the terms governing its utilization by visitors and users.
Moreover, apexhardwareny.com offers a variety of features and functionalities, including content reception capabilities. The Company reserves the exclusive right, at its sole discretion, to modify, alter, remove, or add any features, products, services, or terms on the website, including those related to its products and services. While the Company strives to maintain the accuracy, completeness, and currency of all content on the website, including product availability and pricing information, it does not guarantee the accuracy or completeness of such content. Information provided on the website may contain typographical errors or other inaccuracies, which the Company will endeavor to rectify upon notification. All weights and sizes are approximate. If a product description on the website is found to be inaccurate, the sole remedy is to return it in unused condition.
The website is intended solely for use by individuals aged 18 or older located in the United States. By accessing and using the website, users explicitly agree to be bound by these terms. The website is inaccessible to individuals suspended or removed from it by the Company. Users affirm that they have not been suspended or removed from the website and accept full responsibility for compliance with these terms, as well as all local laws and regulations pertaining to internet usage, email, electronic messages, privacy, and security.
No content available on the website may be exploited, reproduced, transmitted, distributed, downloaded, displayed, framed, modified, or otherwise used in any manner. Users are expressly prohibited from copying, modifying, reverse engineering, decompiling, or disassembling any software code on the website. Users shall not utilize the website in any manner that could impair its functionality.
By initiating contact with us through the website, creating a user account, or providing your email address to us, you explicitly consent to receive electronic communications from us. We will communicate with you via email or other provided forms of communication. All electronic communications provided by us are legally binding and satisfy the legal requirements for written communication.
If you submit content or material within the website ("Submission"), it must not be false, inaccurate, misleading, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable. Users grant apexhardwareny.com the irrevocable right to use submissions across all affiliated mediums. Users represent and warrant that they own or control all rights to any submission and that the submission is non-infringing and does not violate the rights of any person or entity. Users acknowledge and agree to indemnify apexhardwareny.com for all claims resulting from the content they post or submit.
Submissions made on the website are non-confidential and non-proprietary. Users are strongly advised against including confidential information in their submissions, as they may be made publicly available. Apexhardwareny.com assumes no responsibility for the use or misuse of such submissions by third parties.
Users may experience interruptions in their access to the website, which may be beyond the Company's control. The Company bears no liability for any consequences arising from such interruptions.
Section 3 - Title and Proprietary Rights
The content meticulously curated and presented on the Apex Hardware NY Corp website, encompassing text, graphics, product descriptions, specifications, images, code, and all associated materials, is safeguarded by the robust copyright laws of both the United States and international jurisdictions. Copyright © 2024, Apex Hardware NY Corp. ALL RIGHTS RESERVED. By accessing this website, users acknowledge and agree that all content provided herein is the proprietary intellectual property of Apex Hardware NY Corp, and any unauthorized use, reproduction, distribution, display, or transmission of said content is strictly prohibited without prior explicit authorization from Apex Hardware NY Corp or its affiliated manufacturers. Users are expressly permitted to electronically copy and print hard copy segments of this site solely for the purpose of initiating orders with Apex Hardware NY Corp, procuring its products, or facilitating transactions with its affiliated manufacturers. Any deviation from this expressly granted permission constitutes a violation of copyright law and will be subject to legal action under applicable statutes, including but not limited to the Digital Millennium Copyright Act (DMCA). Users further commit to maintaining the integrity of the copyrighted materials by refraining from altering or removing any proprietary notices attached to materials downloaded from the site. Apex Hardware NY Corp reserves the right to pursue all available legal remedies for any infringement of its copyright, including but not limited to seeking damages, injunctive relief, and attorneys' fees, to the fullest extent permitted by law.
Section 4 - Privacy
The Privacy Policy of APex Hardware NY Corp governs the acquisition, utilization, and dissemination of both personal and non-personal data acquired through interactions with our Website. Personal information provided by users is collected voluntarily, while non-personal data, such as browsing history and device information, is automatically gathered. This information serves to enhance our services, facilitate transaction processing, and deliver pertinent communications. For these purposes and when mandated by law, we may disclose personal data to trusted third-party service providers. Although we implement security measures to safeguard user data, we cannot ensure absolute security. Users possess the right to access, update, or erase their information and opt out of promotional communications. Our Website is not directed at individuals under 18, and parental consent is mandatory. APex Hardware NY Corp disclaims responsibility for the privacy practices of third-party sites linked from our Website. We retain the prerogative to amend our privacy policy, and users are encouraged to periodically review it.By accessing and utilizing our Website, you agree to adhere to this Privacy Policy.
Section 5 - Cancellations & Modifications
To cancel or change an order, please Contact US immediately of any changes or modifications to your order. Given our commitment to expedited shipping, it is essential to acknowledge the limited window for order adjustments due to our rapid processing procedures. Once an order has been dispatched or, in the case of special orders, transmitted to the manufacturer, cancellation becomes impracticable. While we uphold our dedication to precision and efficiency, we recognize that unforeseen circumstances may warrant cancellation. We explicitly reserve the right to annul any order before its departure from our warehouse or in the event of technical discrepancies in pricing, descriptions, or product imagery. In such instances, a full refund will be expeditiously disbursed. Furthermore, we maintain the prerogative to cancel orders to preserve equity and probity in our pricing protocols.
Section 6 - Shipping & Returns Policies
APex Hardware NY Corp is unwavering in its commitment to ensuring customer satisfaction, underscoring the importance of carefully reviewing our shipping and return policy.
Our goal is to streamline your online shopping experience, fostering continued patronage. In our endeavor to maintain competitive pricing, products may be shipped directly from the manufacturer, necessitating adherence to their return policies and procedures. We recognize the significance of timely delivery and endeavor to dispatch purchases promptly, exerting commercially reasonable efforts. Nonetheless, unforeseen circumstances beyond our control may impact shipping times. APex Hardware NY Corp disclaims responsibility for shipping delays arising from force majeure events, encompassing acts of God, war, labor disputes, civil unrest, legislative changes affecting import or export regulations, accidents, pandemics, material or goods procurement challenges, carrier, contractor, or supplier delays, or any other force majeure events. In instances where you request or cause a shipment delay or where APex Hardware NY Corp mistakenly ships an order due to inaccurate, incomplete, false, or misleading information provided by you, we reserve the right to impose additional shipping and/or storage costs.
Upon receipt of your order, it is crucial to promptly inspect it for any damages and ensure order accuracy. Any discrepancies or damages must be reported within 24 hours of receipt. Replacement products for defective or damaged items will be promptly dispatched, accompanied by prepaid return shipping labels. Returned items must be securely packaged to prevent further damage, and credit will only be issued for items meeting specified conditions. In cases where products are sourced from multiple manufacturers, separate shipments may occur. Returns not related to damage or defect may be subject to a restocking fee of 25% or more to cover processing costs, including inspection, repackaging, and restocking. Apex Hardware NY Corp retains the right to reject returned items damaged during shipping. Customers are responsible for filing claims directly with the shipping company in such instances. Custom or non-standard items are deemed final sale and cannot be returned or canceled. Customers are advised to thoroughly evaluate special orders before confirming them. Repair parts are also final sale and non-refundable. Customers should verify compatibility before making a purchase. The Buyer assumes responsibility for all freight claims resulting from damage in transit if they accept the material from the carrier without noting such damages on the freight bill upon delivery. Title and loss risk transfer to the Buyer at the time of shipment, reinforcing the Buyer's accountability for the product's condition during transit.
Section 7 - Pricing & Typographical Mistakes
Product pricing is subject to alteration without prior notice. Prices shown do not include shipping and handling fees or any applicable duties and taxes. In the event of a product being incorrectly priced, APex Hardware NY Corp reserves the authority to decline or annul any orders for items listed at the inaccurate price. This right is upheld irrespective of order confirmation or payment method charging. If your payment method has already been charged for a purchase subsequently canceled due to pricing inaccuracies, APex Hardware NY Corp will promptly issue a credit to your payment method equivalent to the incorrect amount.
Section 8 - Product Depictions, Descriptions & Substitutes
The APex Hardware NY Corp Sites strive for accuracy, yet APex Hardware NY Corp does not guarantee that product descriptions or other content on any APex Hardware NY Corp Site is precise, comprehensive, dependable, current, or devoid of errors. The images and descriptions of products showcased on this website are sourced from our suppliers and are for illustrative purposes only. APex Hardware NY Corp does not assert the accuracy of supplier-provided images. Some product options may not be visually represented; hence, a thorough reading of all product descriptions is advised when making selections. Color samples may differ due to monitor discrepancies. Additionally, some products may be subject to substitution and may not perfectly match the images or descriptions presented on this website. Consequently, APex Hardware NY Corp disclaims liability for any losses or damages resulting from inaccurate images or discrepancies in color representation.
Section 9 - Payment Terms and Conditions
Apex Hardware NY Corp offers various payment methods, including credit card, debit card, and other electronic payment options, as specified during the checkout process. By providing your payment information, you authorize Apex Hardware NY Corp to charge the designated payment method for the total amount of your order, including applicable taxes, shipping, and handling fees. All transactions are conducted in USD (United States Dollar), and payments are processed upon completion of the checkout process. Orders will only be fulfilled once payment has been successfully processed.
We prioritize the security of your payment information and employ industry-standard encryption and security protocols to safeguard it. However, it's important to note that while we take precautions, we cannot guarantee the security of information transmitted over the internet.
In certain cases, your financial institution may place a temporary hold on your account for the amount of your purchase until the transaction is fully processed. This hold may impact the available balance in your account temporarily.
If you encounter any discrepancies or unauthorized transactions on your account, please notify Apex Hardware NY Corp immediately for resolution. We reserve the right to investigate and rectify any payment disputes in accordance with our policies and applicable laws.
Upon successful payment processing, you will receive a confirmation email from Apex Hardware NY Corp containing details of your order and payment. Please retain this email for your records.
In the event that payment fails to process for any reason, your order may be delayed or canceled. Apex Hardware NY Corp is not liable for any loss or inconvenience resulting from payment failure.
Refunds for canceled orders or returned items will be processed in accordance with our Return Policy. Please refer to our Return Policy for more information on refund eligibility and processing timelines.
By proceeding with payment, you acknowledge that you have read, understood, and agree to abide by these Payment Terms and Conditions established by Apex Hardware NY Corp.
Section 10 - Sales Taxes
Sales taxes are levied on shipments to states where the company maintains physical or economic nexus, unless a valid sales tax exemption certificate is furnished prior to purchase. Buyers assume responsibility for remitting all applicable sales taxes for shipments to other states and territories. Unless APex Hardware NY Corp receives an acceptable tax exemption certificate prior to purchase or collects sales tax on behalf of the buyer, buyers are obligated to reimburse any taxes imposed on sales or shipments.
Section 11 - OPTIONAL TOOLS
APex Hardware NY Corp may grant you access to third-party tools, over which we have no monitoring, control, or input. It is acknowledged and agreed by you that APex Hardware NY Corp provides access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without endorsement. APex Hardware NY Corp disclaims all liability arising from or related to your use of optional third-party tools. Your use of optional tools provided through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s). Furthermore, APex Hardware NY Corp may introduce new services and/or features through the website in the future, including the release of new tools and resources. Such additions shall also be governed by these Terms and Conditions.
Section 12 - Third-Party Links
Certain content, products, and services accessible through apexhardwareny.com may contain materials provided by third parties. Third-party links on this site may redirect users to websites not owned or controlled by Apex Hardware NY Corp. We explicitly disclaim any responsibility for reviewing or assessing the content or accuracy of such materials and do not provide any warranties or assume liability for any third-party materials, websites, or other products or services offered by third parties. Apex Hardware NY Corp bears no responsibility for any damages or losses arising from the purchase or use of goods, services, resources, content, or any other transactions conducted on third-party websites. Users are strongly advised to thoroughly review the policies and practices of third parties before engaging in any transactions. Any complaints, claims, concerns, or inquiries regarding third-party products should be directed to the respective third party.
Section 13 - Indemnification; Hold Harmless
You hereby agree to indemnify and hold Apex Hardware NY Corp, its employees, officers, directors, investors, agents, assignees, affiliates, partners, subsidiaries, contractors, attorneys, accountants, advertisers, and all other individuals and organizations providing services on behalf of Apex Hardware NY Corp, harmless from any and all claims, liabilities, losses, damages, costs, and expenses, including but not limited to attorneys’ fees and expenses, as well as direct, incidental, consequential, exemplary, and indirect damages, arising from or related to your use of the Website, your breach or alleged breach of these Terms, or your infringement upon the rights of another user. Apex Hardware NY Corp reserves the right, at your expense, to assume or participate in the investigation, settlement, and defense of any such claims or actions.
Section 14 - Prohibited Uses
Section 15 - Limited Warranty
The offerings on this website are governed solely by the warranties provided by manufacturers, which may vary among companies and products. APex Hardware NY Corp aims to facilitate the warranty claim process between the Buyer and the Manufacturer. For detailed information regarding a specific product manufacturer’s warranty, please reach out to us directly.
APex Hardware NY Corp does not consistently offer warranties for the products it distributes. To the fullest extent permitted by applicable law, APex Hardware NY Corp disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Buyers and those claiming through them should seek recourse solely from manufacturers for any defects or failures in goods. This is the exclusive remedy for buyers and those claiming through them for defective goods, regardless of the basis of the claim, whether arising from contract, tort, strict liability, statute, or negligence. Buyers may share these terms with subsequent buyers and users of goods.
APex Hardware NY Corp excludes and disclaims all other express and implied warranties, including but not limited to all implied warranties of merchantability and fitness for a particular purpose. APex Hardware NY Corp assumes no liability for the interpretation of plans, codes, or specifications provided by buyers. Buyer acceptance and use of goods should rely on their own final approval or the expertise of professionals such as architects, engineers, or other third parties, rather than on any interpretation offered by APex Hardware NY Corp.
APex Hardware NY Corp cannot ensure continuous, error-free operation of the site, the correction of defects, or the absence of viruses in third-party software. Similarly, no guarantees are made regarding the accuracy, usefulness, or reliability of materials on the site. It's important to note that some states may not permit restrictions on warranties, so the stated limitations may not apply universally.
Section 16 - Liability Limitation
APex Hardware NY Corp hereby limits its liability for any damages resulting from the use of its online platform and the purchase of products, in accordance with the following terms:
- Special and Consequential Damages: APex Hardware NY Corp shall not be held liable for any special, consequential, or incidental damages arising from the use of its website or the purchase of products, including but not limited to loss of profits, loss of data, or loss of business opportunities.
- Accuracy and Errors: While APex Hardware NY Corp endeavors to provide accurate product information, it disclaims liability for any inaccuracies, errors, or omissions in product descriptions, pricing, or availability displayed on the website. Customers acknowledge that such information is provided for informational purposes only and may not always be up-to-date or accurate.
- Order Processing: APex Hardware NY Corp shall not be responsible for any delays, interruptions, or errors in processing orders, including those caused by technical issues, third-party services, or unforeseen circumstances beyond its control. Customers understand and accept that APex Hardware NY Corp cannot guarantee the timeliness or accuracy of order processing.
- Website Operation: Customers acknowledge that APex Hardware NY Corp does not guarantee the uninterrupted or error-free operation of its website. While APex Hardware NY Corp takes reasonable measures to ensure the security and reliability of its online platform, it disclaims liability for any disruptions, interruptions, or damages caused by technical issues, viruses, or harmful components.
- Waiver of Claims: By using APex Hardware NY Corp website and purchasing products, customers agree to waive any claims against APex Hardware NY Corp for damages arising from the aforementioned circumstances. This waiver applies to all claims, whether based on contract, tort, negligence, or any other legal theory, to the fullest extent permitted by law.
- Legal Compliance: This liability limitation statement shall be governed by and construed in accordance with the laws of the jurisdiction in which APex Hardware NY Corp operates. Any disputes arising from or related to this statement shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
By continuing to use the Company's website and purchase products, customers acknowledge and agree to be bound by the terms of this liability limitation statement.
Section 17 - Legal Notice
APex Hardware NY Corp reserves the right to deliver official notices to the buyer through various channels, including but not limited to email communication, general notifications on the website, or through other reliable means to the address provided by the buyer to APex Hardware NY Corp. By engaging in transactions with APex Hardware NY Corp, the buyer acknowledges and agrees that these methods of communication constitute valid and legally binding forms of notice. It is the buyer's responsibility to ensure that the contact information provided to APex Hardware NY Corp is accurate and up-to-date to receive important notifications and updates. Any notice delivered through the aforementioned methods shall be deemed received and effective upon transmission, unless otherwise specified by applicable law or explicitly stated in the notice itself. APex Hardware NY Corp reserves the right to retain records of all communications for documentation and legal purposes. Customers should refrain from sending sensitive or confidential information through non-secure channels and understand that communication via these methods may not be entirely secure. Please note that these designated contact methods should be used exclusively for inquiries related to products, orders, and customer service matters.
Section 18 - Severability
Should any provision of these Terms and Conditions be deemed unlawful, void, or unenforceable, such provision shall still be enforceable to the maximum extent permitted by applicable law. The unenforceable portion shall be severed from these Terms and Conditions, and such determination shall not impact the validity and enforceability of the remaining provisions.
Section 19 - Governing Law
The operations of Apex Hardware NY Corp, along with its Terms and Conditions, shall be governed by and construed in accordance with the laws of the United States, disregarding any conflict of law provisions. Any dispute arising from or relating to the utilization of this website shall fall under the exclusive jurisdiction of the courts in the United States.
Section 20 - California Proposition 65 Notification
Under California's Safe Drinking Water & Toxic Enforcement Act, commonly referred to as Proposition 65, the State maintains an evolving list of chemicals acknowledged as carcinogens or reproductive toxicants. This roster is regularly updated and is publicly accessible on the State's Office of Environmental Health Hazard Assessment (OEHHA) website at www.p65warnings.ca.gov.
Certain products available through APex Hardware NY Corp may fall within the purview of California's Proposition 65 and may contain specific chemicals subject to the warning requirements delineated in Proposition 65. Consequently, packages of such products containing chemicals identified by the State of California as potentially carcinogenic, causing birth defects, or other reproductive harm, are mandated to display warnings.
APex Hardware NY Corp acknowledges and adheres to the manufacturer's disclosure concerning the presence of hazardous chemicals in their products and refrains from independently verifying or providing assurances regarding the accuracy of such information. While certain products may not display the warning directly on their packaging, APex Hardware NY Corp hereby advises consumers to refer to the manufacturer's website for Proposition 65 compliance details and additional information on product safety. Failure to do so absolves APex Hardware NY Corp from any liability for damages incurred.
Section 21 - Termination and Modification
You understand and agree that APex Hardware NY Corp may, without further notice and at any time, terminate, cancel, deactivate, or suspend your access to the Website. By terminating your access or use, APex Hardware NY Corp does not waive or alter any other right or relief to which it may be entitled at law or in equity. If APex Hardware NY Corp terminates or suspends your access to the Website, your right to use the Website will immediately cease, and you must discontinue use of the Website by all means and methods. APex Hardware NY Corp reserves the right to immediately and permanently deactivate your account and delete any information or content stored through your account. APex Hardware NY Corp also reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Website. You understand, acknowledge, and agree that your sole and exclusive right and remedy concerning the termination or modification of your access to and use of the Website is to cease using the Website.
Contact Us
Any Question regarding these Terms and Condition, Contact Us with the link provided or
Email: Contact@apexhardwareny.com
Phone: (646)-870-0202