Privacy Policy & Terms of Sale

Privacy Policy

Updated on 10/12/2018 

This privacy policy (“Policy”) describes how GBI Tile + Stone and its related companies ( “we” or “us” or “GBI”) collect, use and share personal information of consumer users of this website, www.gbitile.com (the “Site”). This Policy also applies to any of our other websites that post this Policy. This Policy does not apply to websites that post different statements. 

What We Collect 

We get information about you in a range of ways. 

  

Information You Give Us  

We collect your name, postal address, email address, phone number, username, password, demographic information (such as your gender and occupation), and other information you give us directly when you register on the Site, contact us for information, support or services or make a purchase. 

 

Information We Get from Others 

We may get information about you from other sources. We may add this to information you give us directly. 

 

Information Automatically Collected 

We automatically log information about you and your computer. For example, when visiting our Site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times, Internet protocol (IP) address and information about your use of and actions on our Site.    

 

Cookies 

We may log information using "cookies." Cookies are small data files stored on your hard drive by a website. Cookies help us make our Site and your visit better. We use cookies to see which parts of our Site people use and like and to count visits to our Site. 

 

Web Beacons 

We may log information using digital images called Web beacons on our Site or in our emails. We use Web beacons to manage cookies, count visits, and to learn what marketing works and what does not.  We also use Web Beacons to tell if you open or act on our emails. 

  

Use of Personal Information 

We use your personal information as follows: 

We use your personal information to provide and deliver products and services you request or purchase. 

We use your personal information to respond to your comments and questions and provide you with customer service and inside sales. 

We use your personal information to send you order information, such as quotes, confirmations and invoices, and technical notices, updates, security alerts and other administrative messages. 

We use your personal information to communicate with you about promotions, upcoming events, and other news about products and services offered by us and our selected partners, and to assess the effectiveness of such communications. 

We use your personal information to process and deliver contest entries and rewards. 

We use your personal information to administer, analyze, and improve the effectiveness of the Site and for archival and record retention purposes. 

Sharing of Personal Information 

We may share personal information as follows: 

We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies. 

We may share personal information when we do a business deal, or negotiate a business deal, involving sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding. 

We may share personal information for legal, protection, and safety purposes. 

We may share information to comply with laws. 

We may share information to respond to lawful requests and legal process. 

We may share information to protect the rights and property of GBI Tile + Stone, our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use. 

We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person. 

We may share information with those who need it to perform services for us, such as website hosting, customer management, consulting or other technical services, fulfilling orders, responding to customer service inquiries, and marketing activities. 

We may also share aggregated and/or anonymized data with others for their own uses. 

  

Information Choices and Changes 

Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you. 

You may send requests about personal information to our Contact Information below.  You can request to change contact choices, opt-out of our sharing with others, and update your personal information. 

You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you. 

 

Security of your Personal Information 

We use reasonable physical, technical, and administrative measures to safeguard information in our possession against loss, theft and unauthorized use, disclosure, or modification. We do not store any credit card information.  Please note, however, that we do use storage services of third parties that we do not control, and in any event no data transmission or storage process can be guaranteed to be 100% secure. As a result, although we strive to protect the information we collect or receive, we cannot guarantee or warrant the security of any information that you transmit to us or that we otherwise collect from you. 

 

Your California Privacy Rights 

California Civil Code Section §1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to the address listed below. 

 

Non-U.S. Users 

The Site is intended for use solely in the United States.  If you access or use the Site from outside the United States, please be aware that the information you provide to us or that we obtain as a result of your use of the Site may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By accessing or using the Site, or by providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the United States. 

NO PART OF THIS SITE IS TARGETED TO CONSUMERS IN THE European Economic Area (EEA). IF YOU ARE A CONSUMER IN THE EEA AND BELIEVE WE HAVE COLLECTED OR MAINTAINED PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOU, PLEASE CONTACT US AT THE EMAIL ADDRESS BELOW. AS A CONSUMER IN THE EEA YOU HAVE CERTAIN RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR) AND WE AIM TO HONOR THOSE RIGHTS. PLEASE VISIT HTTPS://WWW.EUGDPR.ORG FOR MORE INFORMATION.

 

Privacy of Children 

We do not knowingly collect or store personal information about children under the age of 13.  If we learn that we have collected personal information from a child under age 13, we will delete that information from our database. 

 

Changes to this Privacy Policy 

We may change this Privacy Policy. If we make any changes, we will change the Last Updated date at the top.  

 

Contact Information 

We welcome your comments or questions about this Privacy Policy.  You may also contact us at our address: 5900 Skylab Rd. Huntington Beach, CA 91730 949-567-1880 sales@gbitile.com.

 

Terms of Sale

Updated on 12/5/2019

1. Buyer acknowledges all prices are F.O.B. origin. Prices do not include any state, local or federal taxes. All orders must be signed by the Buyer.

2. Upon Seller's delivery of the goods to the carrier, Buyer hereby assumes liability for and does hereby indemnify, save and hold harmless Seller from and against all liabilities, losses, damages, penalties, claims, action, suit, costs, expenses and disbursements, including court costs and reasonable attorney's fees of whatever kind and nature, imposed on, incurred by or asserted against Seller in any way relating to or arising out of the loading, transportation or delivery of the materials described in the contract. NO EXPRESS OR IMPLIED WARRANTIES. There are no implied or express warranties of merchantability or fitness for any particular purpose and the product or goods are sold "AS-IS." It is the Buyer's sole responsibility to determine that the product or goods are merchantable and suitable for the express and intended purpose contemplated by Buyer alone. Buyer acknowledges and agrees that Buyer has not relied on any statement or opinion     expressed by Seller, or its agents, in determining the fitness of the product or goods for any particular purpose.

3. Buyer acknowledges that color variations are inherent to all products. Any questions the Buyer may have regarding the acceptability of our product must be resolved prior to installation of our product. Buyer acknowledges that upon and subsequent to the installation of the product, the many variables affecting the product may result in claims of product defect and/or lack of fitness. Therefore, Buyer agrees and acknowledges that any and all remedies otherwise provided pursuant to any statutory or common law authorities regarding the product's fitness, merchantability, integrity, or acceptability are waived upon installation and thereafter. Buyer acknowledges that this waiver provision is material to these Terms of Sale. To the extent lawful, Buyer expressly waives any warranties under Cal. UCC - 2-313 through 2-315, inclusive, or any similar provision in any other state.

4. Buyer acknowledges there will be no adjustments made after installation of our product.

5. Buyer acknowledges that installation constitutes acceptance of our product.

6. Buyer acknowledges all claims against merchandise must be exercised within five (5) days of receipt and be held intact for inspection. The original container in which the materials were shipped must be kept until inspection.

7. Buyer acknowledges all returns must be approved, in writing, before they are returned. There will be a 25% restocking charge on all materials accepted for return without exceptions. Orders are not cancelable, except with written approval of Seller.

8. Buyer will take full responsibility for returning materials. Specifically, and not by way of limitation, Buyer will place the materials to be returned in like-kind or quality containers as those in which the materials were shipped to Buyer and ship the materials F.O.B. destination.

9. Buyer acknowledges that if invoices are not paid within twenty (20) days their account will revert back to C.O.D. basis. Should the Buyer default when payment is due, the balance plus 1 1/2% per month (18% APR) will be due.

10. Title and ownership of all material shall remain in Seller's name until all payments which become due or owing under this agreement shall be fully paid in cash, as other arrangements are made.

11. Buyer acknowledges that the Seller is not liable for delays or non-deliveries caused by acts of nature or any reason beyond the reasonable control of the Seller.

12. Buyer agrees to pay Seller reasonable attorney's fees and all costs and other expenses incurred by Seller in securing, collection, or compromising any claim by Seller against Buyer hereunder, including attorney's fees and all expenses reasonably necessary to secure and enforce Seller's mechanic's lien and stop notice rights and to prosecute any legal action with respect to any such claims.

13. Buyer assumes full responsibility or liability for any labor or material claims due to color variations or faulty installation. Buyer assumes full responsibility for checking all merchandise for possible defects or color variations prior to installation.

14. If any term or provision of this agreement is deemed invalid or unenforceable for any reason, the invalid and/or unenforceable term(s) or provision(s) shall be deemed severable from this agreement and the remainder of this agreement shall remain in full legal force and effect.