Terms and Conditions

Welcome to www.weaberlumber.com!  This Website is operated by Weaber, Inc.  Throughout the Website, the terms “we”, “us” and “our” and “Company” refer to Weaber, Inc. (“Weaber”). We offer this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

1. Acceptance of Terms:
   • By visiting our Website 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, available by hyperlink, and/or acknowledged by you at the point of sale. These Terms of Service apply to all users of the Website, 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 Website, 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.
   • Our store is hosted on Fresh Creative, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2. Use of the Website:
   • Age Restriction: You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Website and/or engage in our Services. By accessing or using the Website or our Services, you represent and warrant that: (1) you are at least 18 years old; (2) you have reached the legal age of majority in your jurisdiction; or (3) that you have reached the age of majority in your jurisdiction and have given your consent to allow any minor dependent to use this Website.
   • User Accounts: To access certain features or services on the Website, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. Notification may be made to the Company by contacting customer service at 1-800-745-9663 or customerservice@weaber.com.  
   • Prohibited Conduct: You are prohibited from using the Website, its content, or our Services for any of the following purposes:
   • For any unlawful purpose;
   • To solicit others to perform or participate in any unlawful acts;
   • To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
   • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
   • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on the rights of others;
   • To submit false or misleading information;
   • To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet;
   • To collect or track the personal information of others;
   • To spam, phish, pharm, pretext, spider, crawl, or scrape;
   • For any obscene or immoral purpose; or
   • To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
   • We reserve the right to terminate your use of the Service or our Website for violating any of the prohibited uses.
3. Intellectual Property Rights: All intellectual property rights in the Website and its content, including, but not limited to, text, graphics, logos, trademarks, and software, are owned by or licensed to Weaber. You agree not to use, reproduce, modify, or distribute any of the content from the Website without the prior written consent of Weaber.
4. Product Information and Pricing:
   • Product Descriptions: Weaber strives to provide accurate and up-to-date product information on the Website. However, we do not warrant that the descriptions, images, specifications, or other content related to the products are accurate, complete, reliable, or error-free or current. If you encounter any discrepancies or have questions about a product, please contact our customer service team for clarification by calling 1-800-745-9663 or emailing customerservice@weaber.com.
   • Pricing and Payment: The prices displayed on the Website are in United States dollars and are subject to change without notice. While we make every effort to ensure accurate pricing, errors may occur. In the event of an error, we reserve the right to cancel or refuse any orders placed at the incorrect price.
5. Order Acceptance and Fulfillment:
   • When you place an order on our Website, it constitutes an offer to purchase the selected products or Services. We reserve the right to accept or decline your offer in our sole discretion.
   • We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6. Payment:
   • You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
   • We accept payments through Visa, Mastercard, American Express and Discover. All transactions over $10,000 are subject to a 3.5% online payment processing fee before shipment will be released. Payment may be made by wire transfer to avoid the processing fee. To make a payment by wire transfer, contact a customer service representative at 1-800-745-9663 or customerservice@weaber.com.
   • Payment for purchases made on the Website is processed through secure third-party payment processors, and you agree to comply with their terms and conditions.
7. Third-Party Links:
   • Certain content, products and services available via the Website may include materials from third-parties.
   • Third-party links on this Website may direct you to third-party sites that are not affiliated with the Company. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third-parties.
   • We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8. Disclaimer of Warranties:
   • We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.
   • Weaber Products: We strive to provide accurate and high-quality products through the Website. However, we do not warrant or guarantee that the products will be free from defects in materials, workmanship, or fitness for a particular purpose. Wood is a natural material and may contain certain characteristics that vary from board to board, such as color, shading, knots, scraps, texture, grain variations, and other imperfections and signs of weathering.  Any warranty or guarantee associated with our products will be specified in the product documentation or packaging.  Warranty information may also be available in the product description on the Website, and can be confirmed by contacting our customer service department at 1-800-745-9663 or customerservice@weaber.com.
   • Third-Party Products: The Website may offer products manufactured or provided by third-party vendors. Any warranties or guarantees associated with these products are solely the responsibility of the respective vendors. We disclaim any representations or warranties regarding the quality, performance, or suitability of third-party products. Please refer to the specific product warranty information provided by the vendor.
   • Claims and Remedies: If you believe that a product purchased through the Website is defective or does not meet the specified warranty, please follow the warranty instructions provided in the product documentation.
9. Limitation of Liability:
   • In no case shall Weaber, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
   • In the event of a conflict between this Limitation of Liability provision and the terms of any express warranty or guarantee associated with a product purchased via this Website, the terms of the product warranty shall prevail.
10. Indemnification: You agree to indemnify, defend and hold harmless Weaber, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
11. Shipping and Returns: Information about shipping, delivery, and returns can be found in our Shipping and Returns Policy, which is incorporated by reference into these Terms.
12. Privacy: Your privacy is important to us. Please refer to our Privacy Policy, which is incorporated by reference into these Terms.
13. 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 to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
14. Entire Agreement:
    • The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
    • These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
    • Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
15. Governing Law: These Terms of Service and any separate agreements whereby we provide you sales or services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Any disputes arising out of or relating to these Terms, including their interpretation or enforcement, shall be subject to the exclusive jurisdiction of the state and federal courts having jurisdiction over Lebanon County, Pennsylvania.
16. Changes to 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 of or access to the website following the posting of any changes constitutes acceptance of those changes.
17. Contact Us:  If you have any questions or concerns about these Terms of Service, please contact our customer service team at 1-800-745-9663 or customerservice@weaber.com.