Terms of service
Terms and Conditions
The following Terms and Conditions ("Terms") are applicable to all products ("Products") and services ("Services") offered by JDL Industries, Inc. ("Seller," "we," "us," or "our") to you, the customer ("Buyer" or "you"). These Terms apply to your use of our website, online stores, and all related information, content, features, tools, products, and services provided through them. Our online store is powered by Shopify, which enables us to provide these Services to you.
Please read these Terms carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability. By visiting, interacting with, or using our Services, or by placing an order, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.
These Terms supersede all prior negotiations and representations, and no other representations by Seller or Seller's agents shall be binding upon Seller except as specifically set forth herein.
1. Acceptance
Upon acceptance of this offer by Buyer, a contract upon the terms stated herein will result. Acceptance shall be deemed to have been made upon receipt from Buyer of an executed copy of this form, or upon the receipt of an order by Seller from Buyer which agrees with the basic terms herein: description of the Products, price, quantity, and delivery schedule. Seller objects to the inclusion of any different or additional terms proposed by Buyer in its acceptance of this offer. If such terms are included in Buyer's acceptance, a contract for sale will result upon Seller's terms stated herein.
2. Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any Products, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
3. Standard Practices
Unless otherwise specifically stated herein, all Products sold hereunder, including those ordered to exact specifications, shall be produced and shipped in accordance with Seller's standard practices. All orders or contracts, as well as shipments applicable thereto, are subject to Seller's current schedules and government regulations, orders, directives, and restrictions, as may be in effect from time to time.
4. Credit Approval
Purchases shall at all times be subject to the approval of Seller's credit department. Notwithstanding any other remedies, Seller may, at any time, decline to make any shipment or delivery except upon receipt of payment or security or other terms and conditions satisfactory to Seller.
5. Prices, Billing, and Terms of Payment
Prices, discounts, and promotions are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. Prices posted in our online store may differ from prices offered in physical stores or through other channels.
Terms of payment shall be established by Seller at the time the order is accepted. Seller shall have the right to modify the terms of payment at any time prior to shipment and may refuse to make delivery pending modification of the terms of payment satisfactory to Seller. To prevent fraudulent activity, changes to terms of payment will only be made by secured or encrypted communications from Seller, and a PIN will be provided by the accounting manager. Payment of any invoices shall be made as required therein. No cash discounts are allowable unless indicated on the face of the invoice.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that the payment information you provide is true, correct, and complete, that you are duly authorized to use such payment method, and that charges incurred by you will be honored by your payment provider.
6. Overdue Accounts
All unpaid and overdue accounts shall bear interest at the rate of one and one-half percent (1.5%) per month, commencing thirty (30) days after delivery or other agreed-upon terms, until such time as the account is paid in full. All payments, other than payment in full of the amount outstanding, shall be credited first against interest, then other charges, and then to the outstanding principal amount of the purchase price for the goods shipped or supplied. Buyer agrees to pay any collection costs incurred to collect the account balance, including court costs, collection fees, and attorney's fees on the unpaid principal and interest.
7. Taxes
Unless otherwise specified, prices on Products are exclusive of all federal, state, municipal, local, or other governmental taxes, levies, assessments, duties, or other charges of a like kind or nature. Wherever applicable, any tax or taxes may be added to the invoice as a separate charge to be paid by Buyer.
8. Orders
When you place an order, you are making an offer to purchase. JDL Industries, Inc. reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until JDL Industries, Inc. confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as JDL Industries, Inc. may be unable to accommodate cancellation requests after an order is accepted.
You represent and warrant that your purchases are for your own personal, household, or business use and not for unauthorized commercial resale or export.
9. Delivery and Shipping
All Products are shipped in accordance with our Shipping Policy. Please review that policy carefully before placing your order, as it includes important information about shipping methods, delivery timelines, FOB terms, title and risk of loss, damaged shipment procedures, and your responsibilities upon receipt of Products.
Seller shall not be liable for any loss or damage of any kind or nature, whether direct, indirect, or consequential, caused by any delay in delivery.
10. Special Orders
Buyer acknowledges and agrees that any goods specifically purchased, manufactured, or prepared for Buyer may not be cancelled once the product has been ordered, manufactured, or is in the process of being manufactured. Buyer agrees that it shall be responsible for the full invoice amount if said cancellation is made after the goods have been ordered, manufactured, or are in the process of being manufactured.
11. Return Product Policy
Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy. Please review that policy carefully before making a purchase, as it includes important information about return authorization requirements, time limits, restocking charges, and conditions for eligibility.
12. Failure or Delay in Performance (Force Majeure)
Seller shall not be liable for any failure or delay in performance when such failure or delay is caused by strikes, labor problems, accidental fires, delays in manufacturing, transportation, delivery of materials, acts of God, embargoes, civil commotion, governmental actions (whether federal, state, municipal, foreign, or otherwise), or any other causes beyond Seller's control.
13. Our Products
We have made every effort to provide an accurate representation of our Products in our online store. However, colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings. We do not warrant that the appearance or quality of any Products purchased will meet your expectations or match their depiction in our online store.
All descriptions of Products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any Product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.
14. Exclusion of Warranties
SELLER PROVIDES NO WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OF THE GOODS SUPPLIED, AND ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE IS HEREBY EXPRESSLY DISCLAIMED, WHETHER IMPLIED OR EXPRESSED.
EXCEPT AS EXPRESSLY STATED BY JDL INDUSTRIES, INC., THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
15. Buyer's Remedies
If the Products furnished to Buyer fail to conform to this Agreement or to any express warranty, if any, as expressly given on the face of the applicable form, during a period not to exceed thirty (30) days from the date of shipment, Seller shall, at its option, either: credit or refund the purchase price, repair such non-conforming goods at a mutually satisfactory location, or replace such goods at the original point of delivery.
Buyer's exclusive and sole remedy shall be to secure reimbursement, repair, or replacement as described above. Seller shall not in any event be liable for the cost of any labor expended on any such goods or any special, direct, indirect, incidental, or consequential damage to anyone in contract or tort by reason of the fact that such goods do not conform to this Agreement or to any express or implied warranty.
IF THERE ARE NO EXPRESS WRITTEN WARRANTIES ON THE FACE OF THE APPLICABLE FORM, BUYER IS PURCHASING THE GOODS IN "AS IS" CONDITION, WITH NO WARRANTIES OF ANY KIND GIVEN BY SELLER.
16. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL JDL INDUSTRIES, INC., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.
17. Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by JDL Industries, Inc., its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal or business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by JDL Industries, Inc.
JDL Industries, Inc.'s names, logos, product and service names, designs, and slogans are trademarks of JDL Industries, Inc. or its affiliates or licensors. You must not use such trademarks without our prior written permission.
18. Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable regulations, rules, or laws; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to transmit any advertising or promotional material, including "junk mail," "spam," or similar solicitation; (g) to impersonate any other person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use of the Services.
In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spider, crawl, or scrape the Services; or (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your account at any time if we determine you have violated any part of these Terms.
19. Relationship with Shopify
JDL Industries, Inc. is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with JDL Industries, Inc. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and JDL Industries, Inc., including any injury, damage, or loss resulting from purchased Products and Services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with JDL Industries, Inc.
20. Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit may be transmitted to and shared with Shopify as well as third parties located in other countries in order to provide services to you. By using the Services, you acknowledge that you have read our Privacy Policy.
21. Feedback
If you submit any ideas, suggestions, feedback, reviews, proposals, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. You represent and warrant that you own or have all necessary rights to the Feedback and that your Feedback complies with these Terms. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.
22. Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access of any third-party websites or your purchase or use of any products, services, or content on any third-party websites.
23. Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
24. Indemnification
You agree to indemnify, defend, and hold harmless JDL Industries, Inc., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of: (1) your breach of these Terms or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
25. Waiver, Alteration, or Modification
No waiver, alteration, or modification of any specification, term, warranty, or condition applicable to the Products and Services furnished hereunder shall be binding upon Seller unless made in writing and signed by an authorized representative of Seller. Waiver by Seller of any breach of these provisions shall not be construed as a waiver of any other breach. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
26. Title and Risk
Title and risk of loss for Products are governed by the FOB terms described in our Shipping Policy.
27. Severability
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
28. Entire Agreement
These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
29. Assignment
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
30. Governing Law
This Agreement shall be deemed to have been made in the State of Florida, and its provisions, interpretation, and performance shall be governed by the laws of the State of Florida. Any and all claims and/or actions against either Buyer or Seller arising directly or indirectly from this Agreement shall be brought only in the courts of Miami-Dade County, Florida, having appropriate subject matter jurisdiction.
31. Changes to Terms
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
32. Contact Information
Questions about these Terms should be sent to us at:
JDL Industries, Inc.
9400 NW 12th St
Unit 6
Miami, FL 33172-2831
sales@jdlindustries.com
305-599-2022