Legal

Terms and Conditions

Roles and Responsibilities 

• Products are manufactured by AHF Products and their partners, sold by Revel Woods, and installed by Footprints Floors. 
• All products on this order are subject to AHF’s warranty terms and conditions. AHF’s Hardwood Warranty can be found here. and the vinyl flooring warranty can be found here.
• Contact Revel Woods if you have a product, order, or delivery questions.
• Contact Footprints if you have any installation or warranty questions. 

Delivery Requirements

• Your requested delivery dates are not guaranteed. Revel Woods will coordinate a confirmed delivery date with you once your order is placed. 
• You can change or cancel your order up to one week prior to your confirmed delivery date by contacting your Revel Woods representative via email. 
• You agree to take delivery on the scheduled date and time. Failure to be present to take delivery will result in additional fees.
• Delivery will be made to the most easily accessible entry point of the house and placed in the first room inside that entry. 
• The delivery person is not required to bring the product up or down stairs.
  If the delivery access is different than described, the driver will leave the order in the closest available space such as the garage or driveway. 
• Products delivered to an outside location such as a driveway must be brought inside immediately or the warranty will be voided. 
• Delivered materials are not returnable or refundable.

Full Legal

Return/Refund Policy

For more information and full claims, return, and warranty policies please see our Terms Of Sale.

General

All of our products go through a rigorous quality inspection process before they arrive at your home. That said, each product needs to be inspected before and during installation.

Wrong Product Delivered

• If the product delivered is the not the product ordered, mark that on the delivery slip.
• Contact Revel Woods immediately.
• If Revel Woods deems the product ordered was different than the product delivered, Revel Woods will refund/replace the full amount, plus associated shipping costs.
• If an item delivered from a third party vendor is different than what was ordered, please contact Revel Woods immediately, Revel Woods is not directly responsible for add-on items, but we will work with you to find a solution.

Wrong Amount Delivered

• If the amount delivered was incorrect, mark that on the delivery slip, take pictures of the delivered pallet, and contact Revel Woods immediately.
• If Revel Woods deems the amount delivered was less than the amount ordered, Revel Woods will ship missing amount at no cost to you.
• In order to be eligible for a refund, product must be returned within 30 days of original delivery.

Defective/Damaged

• Any product that is visibly damaged upon delivery, note the damage on the delivery slip.
• Take multiple pictures of the damage.
• Contact Revel Woods.
• If there are milling or finish defects noticed before installation, do not install. Take pictures and contact Revel Woods.
• Revel Woods will cover materials and up to 100 square feet of installation if product is proved to be defective during the install. Installed product beyond 100 s/f is considered to be accepted by the installer and the homeowner.
• Uninstalled defective product will be replaced by Revel Woods at no cost to the consumer.
• Installed product beyond 100 square feet is not subject to a refund.
• If items shipped from a third party are defective or damaged, please contact Revel Woods before installing them.

Claim/Warranty

• Any floor that is installed beyond 100 square feet is consider a claim on the manufacturer’s warranty (see hardwood warranty, or vinyl warranty for more info).
• Any issues on material, contact Revel Woods first and Revel Woods will involve the manufacturer if needed.

Terms of Sale

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.

This Agreement contains the terms and conditions (the “Terms of Sale”) that apply to a customer’s ( “You” and where applicable “Your) purchase from Revel Woods Flooring Inc. (“Revel Woods”) and/or the third party seller named on the invoice (a “Supplier”) of products for sale on www.revelwoods.com (the “Site”). You agree, as a condition of sale, to be bound by and accept these Terms of Sale as applicable to Your purchase of product(s) from the Site.

These Terms of Sale are subject to change without prior written notice at any time, in Revel Woods’ sole discretion.

YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE IS INCLUDED IN YOUR ACCEPTANCE OF THE SITE TERMS OF USE LOCATED AT https://www.revelwoods.com/terms-of-use

1. Product Display and Pricing: Site Content and Product Descriptions:Revel Woods reserves the right to change information, prices, specifications and descriptions for any goods, products or services displayed on the Site at any time and without notice, and does not warrant that a product description or content on the Site is accurate, complete, reliable, current or error-free.
2. Revel Woods makes all reasonable efforts to accurately display the color, texture and detail of products on the Site. Revel Woods, however, provides no guarantee that the color, texture or detail You see matches that of the subject product. Color, texture and detail variances may occur, including but not limited to as a result of the monitor You utilizes to view the products on the Site and the display settings and capabilities of such monitor.
3. Revel Woods selects products for sale based on its industry experience and general knowledge of wood flooring, but products offered for sale carry no guarantees or warranties except as expressly set forth hereinafter.
4. Product Pricing:The price shown on the Site product display page for any product represents the full retail price for that product (“List Price”). For certain items that are offered as a set, the List Price may represent the aggregate price for all of the items included in the set.
5. For clarity, notwithstanding anything to the contrary contained in these Terms of Sale, the List Price does not include shipping and handling charges, customs, duties or any Taxes applicable to Your order.
6. Any comparison price quote reflected on the Site is either the price reported by the manufacturer or vendor to Revel Woods for the subject product, or in some instances, is based on a comparative survey of the price of the same or a similar product being sold at representative retailers or department stores in relevant markets. As the List Price for a given product may often fluctuate, the comparison price quoted may not always represent the actual price listed by retailers or department stores every day or in every community. For international sales, the comparison price is based on what such items would be sold at in the US market. Nothing can replace Your own comparison shopping, however, and notwithstanding our posted comparison price quotes, if this is an important factor for You in Your purchasing decision, we recommend You conduct Your own individual search as well.
7. You acknowledge that the placing of an item in a cart on the Site does not reserve the List Price for the subject product shown at that time. It is possible the List Price of the item in Your cart may increase or decrease between the time You place an item in Your cart and the time You purchase the subject product.
8. Revel Woods will have no obligation to fulfill an order for a product that was advertised at an incorrect List Price. If an error is discovered in the List Price of a product or service that You have ordered, Revel Woods will inform You as soon as is reasonably possible. You will be advised of the correct List Price for the subject product and provided the opportunity to order the product at the correct List Price via a separate transaction (subject to all other terms and conditions of these Terms of Sale). If You have already paid for the subject product at the incorrect List Price, Revel Woods will refund You the full amount paid subject to these Terms of Sale.
9. Order Processing: Your receipt of an electronic or other form of order confirmation does not signify Revel Wood’s acceptance of Your order, nor does it constitute confirmation of Revel Wood’s offer to sell. All orders are accepted in Rochester, New York, United States.
10. Revel Woods reserves the right at any time after receipt of Your order to decline, refuse or cancel Your order for reasonable cause including but not limited to (i) lack of availability of products, (ii) failure by You to satisfy payment terms, (iii) product pricing error, (iv) restrictions or prohibitions on the sale or use of products, (v) if Revel Woods determines, in its sole discretion, Your order is made for commercial resale purposes, and/or (vi) Your breach You of these Terms of Sale. If payment has been remitted for the purchase and Revel Woods cancels Your order, Revel Woods shall forthwith issue a refund no greater than the amount remitted for the unaccepted or cancelled order.
11. Custom Orders: Certain products may be custom ordered by You (“Custom Orders”) from Revel Woods. Revel Woods requires payment of one hundred percent (100%) of the Custom Order cost before a Custom Order will be accepted and an invoice for such order will be issued.
12. Notwithstanding anything to the contrary contained in these Terms of Sale, once an invoice for a Custom Order has been issued, the Custom Order cannot be changed or cancelled and any amounts paid therefore are non-refundable.
13. There is no guaranteed delivery time of any kind for Custom Orders. All delivery lead times for Custom Orders are estimates.
14. If You do not accept delivery of a Custom Order within thirty (30) days of the first delivery attempt by Revel Woods and/or its delivery agent (“First Delivery Attempt”), storage charges will be charged to You for such order. If You do not accept delivery of a Custom Order within sixty (60) days from the First Delivery Attempt, the Custom Order will become the property of Revel Woods or the Supplier, as applicable.
15. Changes and Cancellations: Order changes:
    1. You may request a change to an order, excluding a Custom Order, under an invoice, provided that such order change requests:may be subject to additional charges;
    2. may result in a changes to the cost of shipping, handling and delivery of the order;
    3. may result in a delay in the delivery of the order;
    4. must be delivered by You to info@revelwoods.com; and
    5. must be received and acknowledged by Revel Woods prior to delivery of the Order in accordance with these Terms of Sale.
16. Order Cancellation:You may cancel an order, excluding Custom Orders, at any time prior to delivery, subject to these Terms of Sale.
17. Cancellation requests must be sent by email by You and received and acknowledged by Revel Woods at: info@revelwoods.com prior to delivery or pick-up of the order in accordance with these Terms of Sale.
18. Payment Terms: Unless otherwise agreed to in writing by Revel Woods, payment must be received or otherwise authorized or secured in a form approved by Revel Woods prior to Revel Woods’ acceptance of an order.
19. You must pay for the order by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Revel Woods in writing.
20. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail) confirmation between Revel Woods and You.
21. Revel Woods may invoice parts of an order separately.
22. Orders are not binding upon Revel Woods until accepted by Revel Woods (see Order Processing provisions set out in these Terms of Sale).
23. Any quotations given by Revel Woods will be valid for the period stated on the quotation. Revel Woods reserves the right to adjust or cancel quotations as required.
24. Shipping and Delivery:
    1.  General: Revel Woods offers delivery in the continental United States based on your Shipping Address. Certain restrictions may apply based on order size and content, as well as restrictions imposed at law. Notwithstanding the foregoing, shipping is not available to post office boxes.
    2. Address for Delivery:
       1. Revel Woods will deliver Your order, via its logistics or delivery agent(s), to the shipping address You provide at the time of purchase and indicated on the invoice for Your order (the “Shipping Address”).
       2. Estimates:Any delivery dates or lead-times of any kind provided by Revel Woods are estimates only and subject change. Revel Woods provides no guarantee regarding the date or time for the delivery of Your order.
       3. The actual date of delivery of Your order will depend on a number of factors including but not limited to the size and contents of Your order and delivery method and option(s) selected and available during the processing of Your order.
    3. Delivery Options:Standard Delivery:
       1. Curb-side: Unless otherwise agreed to in writing by Revel Woods and subject to these Terms of Sale, all deliveries of Your order will be to the street curb-side of the Shipping Address only. You will be responsible for moving the contents of Your order from the street curb-side of the Shipping Address into Your home or business
    4. Customer Offload: Due to the length, size and weight of certain products and the location of the Shipping Address, curb-side delivery as described above may not be available in which case You will be required to offload or assist with the offloading of Your order from the delivery truck or pick the order up in accordance with the “Pick-up Option” set out in these Terms of Sale.
    5. Curb-side Delivery and Customer Offload are collectively defined for the purposes of these Terms of Sale as “Standard Delivery.”
    6. Further information regarding the above noted delivery options are available upon request.
    7. Pick-up Options: Subject to the products in Your order and the Shipping Address, You may have the option of picking-up an order directly from a warehouse location of Revel Woods, a Supplier or one of their warehouse service providers.
       1. The election of this option must be made prior to issuance of an invoice for Your order.
       2. Further information regarding the Pick-Up Option are set out at: www.revelwoods.com/shipping
    8. Cost of Delivery: You are responsible for all costs related to the shipping and delivery of Your order to the Shipping Address including but not limited to all customs and duties that may be applicable to the order.
    9. It is Your responsibility to provide Revel Woods accurate and complete information in order to allow Revel Woods and/or its delivery agents to facilitate the delivery of Your order.
    10. Shipping rates and delivery pricing provided to You for your order are for Standard Delivery only. Additional storage and/or shipping charges and other warehouse charges may apply if You can not be contacted, or are unavailable to receive product or if an order is redirected at Your request.
    11. If a shipping rate and/or delivery pricing is quoted at an incorrect rate due to typographical error, error in product attributes received by Revel Woods from a Supplier, or error in pricing from Revel Woods’ delivery agents, Revel Woods will have the right to refuse, adjust, or cancel any orders placed by You whether or not the order has been confirmed or whether or not payment has been remitted by You.
    12. Inspection and Acceptance:You are responsible for inspecting the products in Your order for shortages or signs of damage upon receipt of Your order . All freight loss, and damage claims must be documented and filed in accordance with the Claims process set out in these Terms of Sale.
    13. Title to the products in Your order passes from Revel Woods to You upon completion of shipment of Your order to the Shipping Address and Your acceptance of the order.
    14. Risk of loss for products purchased by You passes to You upon transfer of title as set out herein.
25. Taxes: You are responsible for all sales, use, excise, value-added and other charges associated with Your order, however designated, including any duties, clearance charges or other destination charges.
    1. If applicable, a separate charge for such items will be shown on the invoice for Your order including but not limited to for any applicable federal, state, provincial, territorial, or local tax of the location to which the product is being shipped.
26. Claims: Manufacturer warranty and Claims:The limited warranty applicable to each product sold by Revel Woods on the Site is set out under the heading “Warranty” located on the Site on the product display page(s) for the products in Your order. Such limited warranty applies to each sale by Revel Woods or the supplier of that respective product.
27. Revel Woods makes no express warranties except those stated in these Terms of Sale and in the applicable warranty statement in effect on the date of Your purchase of the subject product.
28. Any such warranties will be effective, and Revel Woods will be obligated to honor any such warranties, only upon Revel Woods’ receipt from You of payment in full for the item to be warranted.
29. Before returning any item, You must contact Revel Woods for a Warranty Authorization (WA) number within the allowable period specified by the manufacturer of the product (see product-specific “Warranty”). The WA number is valid only for the product described therein. The product returned must match the product authorized for return.
30. You must ensure that all returns are received by the supplier within thirty (30) days of obtaining the WA number. All shipping arrangements for returns or exchanges must be processed through Revel Woods Logistics Department. You are responsible for all shipping and handling charges of warranty returns, except where the manufacturer of the product has agreed to pay for such costs or as outlined under product “Warranty.” Whenever possible or as outlined under “Warranty,” all items must be in “as new” condition, in original packaging and with all warranty cards, manuals and accessories. The original packing slip must be included and the WA number visible on the package.
31. Revel Woods may require that You provide a short written explanation and photographs of the defective product. In some cases an on-site inspection of the product will be required. Revel Woods will advise You of the details specific to the warranty claim.
32. All items returned as a warranty claim must be received by the supplier within 30 days of delivery or before the first 100 square feet of installation, whichever occurs sooner.
33. Claims for Delivery Error and Shipping Damages:Upon delivery of an order to the Shipping Address You are responsible for the inspection of Your order in accordance with these Terms of Sale.
34. In the unlikely event of any freight shortages or signs of damage with Your order You must complete the following steps: Record the number of boxes damaged or short next to Your signature on the delivery receipt provided by Revel Woods or its delivery agent at the time of delivery of the order (the “Delivery Receipt”);
35. Take photos of the order upon arrival at the Shipping Address;
36. Record any further details about the subject damage or shortage on the Delivery Receipt including the word “Damage” or “Short” as applicable; and
37. Report any such damages to Revel Woods within thirty (30) days from the date the shipment was delivered at claims@revelwoods.com.
38. Subject to Your compliance with Revel Woods claims process set out herein and Revel Woods’ validation of such claims, in Revel Woods’ sole discretion acting reasonably, Revel Woods will arrange to either re-ship to you replacement product (for damages) or additional product (for shortages) at Revel Woods’ expense or provide You a compensation credit for the value of the goods damaged or short.
39. Refund:
    1. In order for You receive a payment refund, Your order must (i) meet the conditions specified in Section 9(c) above and (ii) be returned in its entirety meaning every piece of the order that You received must be returned within thirty (30) days of the delivery date of the subject order. Subject to the satisfaction of the foregoing, Revel Woods will refund the purchase price of the returned product.
    2. You will be responsible for any brokerage fees, duties and any related fees associated with Your order.
    3. Certain products may require an acclimation period prior to installation,. We advise that You do not schedule a contractor to install the product until after the material has been received and acclimated. No claims on the quality of the product such as milling, grading, average length, end matching, pattern variation, or similar issues will be permitted once product has been installed.
40. Disclaimer:
    1. THE WARRANTIES SET OUT IN THIS AGREEMENT ARE MANUFACTURER-SPECIFIC WARRANTIES FOR THE PRODUCT(S). EXCEPT FOR THE MANUFACTURER SPECIFIC WARRANTY AND THE GUARANTEE (AS DEFINED HEREIN) REVEL WOODS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WHETHER EXPRESS, IMPLIED, OR ARISING FROM STATUTORY OR OPERATION OF LAW, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, DURABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT REVEL WOODS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF SUCH ANY SUCH PURPOSE) WITH RESPECT TO THESE TERMS OF SALE, THE SITE AND ALL PRODUCTS LISTED OR REFERENCED THEREON. REVEL WOODS ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE, OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE OR BY OPERATION OF LAW. REVEL WOODS DOES NOT WARRANT THAT THE PRODUCT(S) OFFERED FOR SALE ON THE SITE WILL BE ERROR OR DEFECT-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED NOR THAT ANY PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS.
    2. FURTHER REVEL WOODS DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, DEFECTS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, REPORTS OR SUBSTANCE OF THE SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF REVEL WOODS’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR VIA ANY ELECTRONIC MAIL OR COMMUNICATION SENT BY REVEL WOODS, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, ANY DATA, CONTENT, INFORMATION, MATERIALS, OR SUBSTANCE OF THE SITE OR ANY SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE SITE, AND ALL CONTENTS THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SITE AT YOUR SOLE RISK.
41. Limitation of Liability:
    1. REVEL WOODS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. YOU AGREE THAT REVEL WOODS, ITS SUBSIDIARIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, DISTRIBUTORS OR OTHER REPRESENTATIVES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOSS OF REVENUE, GOODWILL, LOST OF DATA, LOSS OF OPPORTUNITY OR OF BUSINESS OR OTHER DIRECT, PECUNIARY, NON-PECUNIARY, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES HOWEVER CAUSED IN RELATION TO THESE TERMS OF SALE, THE SITE, YOUR USE OF THE SITE, OR YOUR PURCHASE OF ANY PRODUCT FROM THE SITE, REGARDLESS OF THE THEORY OF LIABILITY INCLUDING WARRANTY, CONTwRACT, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF SUCH DAMAGES WERE FORESEEABLE OR IF REVEL WOODS WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES.
    2. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE SITE, THESE TERMS OF SALE, AND YOUR PURCHASE OF PRODUCTS OR SERVICES FROM REVEL WOODS OR A SUPPLIER VIA THE SITE, REVEL WOODS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR YOUR ORDER THAT IS THE SUBJECT OF THE ALLEGED LIABILITY. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY OR ANY OTHER THEORY OF LIABILITY).
    3. THE SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY REVEL WOODS. REVEL WOODS ASSUMES NO RESPONSIBILITY FOR THE CONTENT, INFORMATION, PRIVACY POLICIES, OR TERMS OF USE OF ANY THIRD-PARTY WEBSITES AND MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY OTHER WEBSITES OR THE CONTENTS OR MATERIALS ON SUCH WEBSITES. REVEL WOODS PROVIDES SUCH LINKS SOLELY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY ANY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY REVEL WOODS OF THE LINKED WEBSITE OR INFORMATION CONTAINED THEREIN. BY USING THE SITE, YOU EXPRESSLY RELIEVE REVEL WOODS FROM ANY AND ALL LIABILITY ARISING FROM YOUR ACCESS TO OR USE OF ANY THIRD PARTY WEBSITES. ACCORDINGLY, REVEL WOODS ENCOURAGES YOU TO READ THE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY AND ANY TERMS OF USE, GOVERNING EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE SITE.
    4. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE FULL EXTENT PERMITTED BY LAW.
42. Currency: All references to monetary amounts, including prices, on the Site and in these Terms of Sale shall be in U.S. currency.
43. Governing Law: These Terms of Sale and any sales thereunder shall be governed by the laws of New York and the federal laws of The United States applicable therein, without regard to conflict of laws rules. You and Revel Woods exclude the application of the United Nations Convention on Contracts for the International Sale of Goods or any other similar legislation to these Terms of Sale.
44. The Site (excluding any third party linked websites) is controlled by Revel Woods from its offices within the State of New York, United States. The Site can be accessed from The United States as well as other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of New York, by accessing the Site, You agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed by the laws of the State of New York and the federal laws of The United States applicable therein.
45. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the State of New York and acknowledge that You do so voluntarily and are responsible for complying with local laws.
46. For clarity, You hereby waive (1) any right to object to venue or jurisdiction based on inconvenient forum or for any other reason and (2) any statutory or other right pursuant to the laws of the jurisdiction in which You are a resident to have a court case or arbitral hearing relating to these Terms of Sale adjudicated or resolved in that jurisdiction.
47. Any rule of interpretation, law or regulation that provides that language in a contract will be interpreted against the drafter will not apply to these Terms of Sale.
48. Arbitration: In the event of any controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, with a mediator selected by mutual agreement of the parties. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be Rochester, New York. New York law shall apply. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Each party shall be responsible for its own costs of mediation and arbitration, and shall split the costs common to both.
49. Entire Agreement: These Terms of Sale together with all invoices for Your order including product and shipping invoices and any other materials incorporated by reference herein, constitute the entire agreement and all terms, conditions, representations and warranties between You and Revel Woods with respect to the purchase and sale of any product offered for sale on the Site and collectively supersedes and replaces all prior and contemporaneous agreements, proposals or representations, written or oral, between the parties concerning the subject matter herein.
50. These Terms of Sale may NOT be altered, supplemented, or amended by the use of any other document(s) or agreement except upon the express written agreement from an authorized representative of Revel Woods. Any attempt to alter, supplement or amend these Terms of Sale or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a writing and signed by both You and Revel Woods.
51. Terms of Use: Your access to, and use of the Site is governed by Revel Woods’ Terms of Use located at www.revelwoods.com/termsofuse.
52. By accessing and using this Site, You signify Your acceptance without modification of these Terms of Use.
53. The Terms of Use are subject to change without prior notice at any time, in Revel Woods’ sole discretion so You should frequently review the Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Site. In the event of any inconsistency between these Terms of Sale and the Terms of Use, these Terms of Sale will govern.
54. Headings: The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
55. Relationships: The relationship between You and Revel Woods will be that of independent contractors, and neither party nor any of their respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Sale.
56. Assignment: You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
57. English Language: The parties agree that these Terms of Sale and all materials incorporated by reference herein will be drawn up in English.
58. Construction: For purposes of these Terms of Sale, whenever the context requires (i) the singular number shall include the plural, and vice versa; and (ii) the masculine gender shall include the feminine and neuter genders, the feminine gender shall include the masculine and neuter genders, the neuter gender shall include the masculine and feminine genders.
59. Enurement: These Terms of Sale and the rights and obligations herein will be binding on and enure to the benefit of the parties and their successors and permitted assigns.
60. Force Majeure: Neither Revel Woods, any Supplier nor any agents or contractors thereof will be responsible for a failure to fulfill any obligations of such parties under these Terms of Sale or for any delay in satisfaction of such obligations nor for any damages of any kind in law or equity that You may suffer as a result of such failure or delay, if such failure or delay is due to circumstances beyond Revel Woods’, a Supplier’s or their agents’ or contractors’ control including but not limited to any act of God or public enemy, acts of government, riots, strikes, quarantines, accidents, or the inherent nature or vice of goods transportation.
61. Waiver: The failure by Revel Woods to insist on strict compliance with any provision of these Terms of Sale will not be deemed to be a waiver of such provision or any rights or remedy of Revel Woods under these Terms of Sale. Further no waiver by Revel Woods of a breach of these Terms of Sale by You shall constitute a waiver of any other breach, whether of the same or any other covenant, term or condition. The subsequent acceptance by Revel Woods of any breach of a covenant, term or condition by You shall not constitute a waiver of Revel Woods’ right to require performance by You at any time thereafter.
62. Equivalency: These Terms of Sale and any other materials incorporated by reference herein will be (i) deemed for all purposes to be a “writing” or “in writing” and to comply with all statutory, contractual and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties hereto; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business.
63. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
64. Severability: These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.