Introduction
This website is operated by Chalirs. Throughout the site, the terms “we”, “us” and “our” refer to Chalirs. Chalirs offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use or access to the website following the posting of any changes constitutes acceptance of those changes.
Right To Access
You must be at least of the legal age in your region to use this site. The use of this site by anyone not of appropriate age is strictly prohibited.
If you register directly with us, you agree to provide the site with accurate information and to update it as necessary to remain accurate. Personally identifiable information will be treated in accordance with our ‘Privacy Policy‘.
Regardless of whether or not you are a registered user, the use of this site signifies your acceptance of the Privacy Policy. If you are signing up for our Professionals Account, you grant the site the right to list your profile in our service provider directory on chalirs.com and any of its subsidiaries.
When using our site, the user agrees to follow all common standards of etiquette and to act in accordance with the law. ‘At any time, you can choose to close your account with the site. We also retain the sole discretion to temporarily or permanently suspend the use of the site or our services at any time for any reason, without any need to provide you with any notice or bear any liability. In addition, the user agrees that Chalirs is not liable to the user or any third party for the termination of access to the site.
Acceptable Use Policy
Use of the site confirms that you as the user ：
(1) voluntarily submit any content in compliance with the ‘User Generated Content Policy’.
(2) do not impersonate or misrepresent your affiliation with the site, individuals, or entities.
(3) will not harm any entity, person, or the site.
(4) will not email, post, upload, or transmit any unauthorized or unsolicited marketing or advertising materials, nor any forms of solicitations.
(5) will not email, post, upload, or transmit any content that may contain computer viruses, malware, code, programs, or files that may limit functionality or destroy the site.
(6) without written consent, will not collect, use, or store any public user’s personal information available.
(7) will not violate, intentionally or unintentionally, any applicable international, national, state, or local rules, laws, or regulations.
(8) will not infringe upon or attempt to infract on the site’s security.
Violation of network security is taken very seriously and could result in civil or criminal liability. Chalirs reserves the right to investigate instances that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in these violations.
User Generated Content Policy
Occasionally, the site allows “User Generated Content”, such as product reviews, product questions, and photos, all of which are solely generated by you and other users. When submitting User Generated Content, (1) you claim sole responsibility for any consequences of posting or publishing it; (2) all submitted information, photos, text, or ideas are not proprietary nor confidential; (3) you confirm the information does not belong to a third party’s intellectual property or proprietary rights, unless you have written consent from the party to post and distribute; (4) you will not email, post, upload anything harmful, unlawful, abusive, harassing, threatening, defamatory, hateful, racially, ethnically, or morally objectionable.
When submitting User Content, you acknowledge and constitute that this content does not violate any trademarks, copyrights, patents, or any other intellectual property rights.
By using #Chalirs and submitting photos or uploading content through the Site, or any of its social media outlets, such as “@Chalirs”, you constitute that the Site has a perpetual, unrestricted, royalty-free, worldwide license for any sponsored or marketing use. All users represent and constitute that this user-generated content does not infringe on any intellectual property rights.
Outages
We periodically schedule system downtimes for Site maintenance and other purposes. Unplanned system outages also may occur. You agree that Chalirs has no responsibility and is not liable for the following, nor limited to: (1) unavailability of the Site; (2) loss of any data, information or materials; (3) delay or delivery issues of information; or (4) any outages caused by third parties.
Plumbing laws, codes, regulations, and certifications
Plumbing laws and codes can vary by state, therefore 1) Chalirs assumes no responsibility or liability for ommissions, errors, and or outcome of any project and 2) Chalirs assumes no liability for a buyer’s purchase or installation of products that do not meet certain state laws, codes, regulations, or certifications. By purchasing on Chalirs, the buyer assumes full responsibility for compliance with their local laws, certifications, and regulations. We highly recommend checking your local laws, codes, and regulations and consulting a licensed professional about your project before purchasing any item on Chalirs .com.
Pricing
Where a product listing on Chalirs references a higher price denoted by a strikethrough (for example, “$330”), this higher price represents the retail price suggested by the manufacturer or supplier, not the price at which the product had been previously sold. However, when the MSRP is not supplied, the higher price denoted by a strikethrough is the price at which the product was previously sold at some point in the past. When a higher price is displayed to the customer with a strikethrough, we may also elect to show the percentage difference between that price and the net price, as well as market the item with the wording “sale”, “discount”, “closeout”, “clearance”, and any other term that indicates a discounted price.
Errors
While our goal is to make sure all information and pricing is correct, Chalirs cannot guarantee that our site is free of errors in pricing, warranty, certifications, or any other information conveyed to the user. As such Chalirs is not liable for any incorrect or imcomplete information, and Chalirs reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
Order Fulfillment
Chalirs cannot guarantee the availability of any particular product displayed on our website, including those labeled as “In Stock”. Furthermore, any product listed on this website can be discontinued at any time without notice, including after an order of a product has been placed. Chalirs reserves the right to cancel any order and/or refuse service, not limited to when an item is unavailable and/or discontinued, as well as for any other reason including fraud prevention purposes.
Delivery times are best estimates and are not guaranteed. Chalirs bears no responsibility or liability for orders that are shipped or delivered later than the agreed upon delivery date. Chalirs works with our vendors diligently to properly and efficiently ship your orders as quickly and accurately as possible. Estimates are provided when available, and Chalirs will continue to update purchasers as updates become available.
Limitation on Liability
In no circumstance will Chalirs or any of its employees, founders, officers, members, successors, distributors, or any other parties that provide information on this site or via other channels such as Chalirs`s social media platforms, phone, email, or any other form of communication, be liable to any user of the sites or any other person or entity for any punitive damages but not limited to any other type of damages, as a result of use or inability to use Chalirs or any information, user content, warranty, or otherwise, even if Chalirs has been advised of beforehand or should have known of the possibility of such damages or losses.
You hereby acknowledge that this limitation on liability will apply to all products, services, and content, including user generated content, available on Chalirs or other channels, such as social media, email, or phone. If some jurisdictions do not allow the exclusion or limitation of liability for damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
If, however, Chalirs is found to be liable for any reason, our liability to you or to any third party is limited to the greater of $100 or the amount of businesses you have transacted with Chalirs over the course of the last 12 months.
Legal Disputes
You and Chalirs agree to give up any rights to participate in a class action or representative action with respect to a claim, and you also give up any rights to to litigate claims in a court or before a jury. As a result, any dispute between you and Chalirs , its founders, employees, successors, officers, directors, principals, or subsidiaries arising from or relating to these terms of use and their interpretation or the breach, termination or validity thereof, will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration.
After the advanced written notice, and prior to arbitration, the parties will attempt to settle amicably by mutual discussions. If a settlement cannot be reached the 60-day period has expired, either party may initiate arbitration.
Arbitration will be conducted by phone or videoconference unless an in-person location is agreed upon by both parties and the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrators will apply applicable law and the provisions of these terms of use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
Chalirs and you agree that any dispute will be submitted to arbitration on an individual basis only. Neither Chalirs nor you are entitled to arbitrate any covered dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).