Terms of Service

1. Acceptance of Terms

Welcome to Captivating Cabinets. By accessing or using our website, placing orders, or using any of our services, you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Captivating Cabinets.

If you do not agree with any part of these Terms, you must not use our website or services. We reserve the right to modify these Terms at any time, and your continued use of our services after such modifications constitutes your acceptance of the updated Terms.

2. Definitions

• "We," "Us," "Our" refers to Captivating Cabinets
• "You," "Your" refers to the user, customer, or visitor of our website
• "Products" refers to kitchen and bathroom cabinets, hardware, and related accessories
• "Services" refers to our 3D design services, contractor program, and customer support
• "Website" refers to www.captivatingcabinets.com and all associated pages

3. Eligibility and Account Registration

You must be at least 18 years old to use our website and purchase products. By using our services, you represent and warrant that you have the legal capacity to enter into a binding contract.

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

4. Product Information and Pricing

4.1 Product Descriptions

We strive to provide accurate product descriptions, specifications, and images. However, we do not warrant that product descriptions, colors, dimensions, or other content on our website are error-free. Product colors may vary due to monitor settings and photography lighting.

4.2 Pricing

All prices are listed in U.S. Dollars (USD) and are subject to change without notice. We reserve the right to correct pricing errors and to refuse or cancel orders placed with incorrect pricing.

Prices do not include:

• Shipping and delivery charges (see our Shipping Policy)
• Installation costs
• Applicable sales taxes (calculated at checkout based on delivery address)
• Custom modification fees

4.3 Product Availability

Product availability is subject to change. We reserve the right to discontinue products at any time. If a product becomes unavailable after you place an order, we will notify you and offer a refund or substitute product.

5. Orders and Payment

5.1 Order Placement

By placing an order, you are making an offer to purchase products subject to these Terms. We reserve the right to accept or decline your order for any reason, including product availability, errors in pricing or product information, or suspected fraudulent activity.

Order confirmation emails do not constitute acceptance of your order. Your order is accepted when we ship the products or provide written confirmation of acceptance.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed at checkout. Payment is due at the time of order placement unless other arrangements have been made in writing.

5.3 Payment Security

All payment transactions are processed through secure, PCI-compliant payment gateways. We do not store complete credit card information on our servers.

5.4 Payment Authorization

By providing payment information, you represent and warrant that you are authorized to use the payment method and that the information is accurate. You authorize us to charge the payment method for all purchases.

6. Shipping and Delivery

Shipping and delivery terms are governed by our Shipping Policy, which is incorporated into these Terms by reference. Key points include:

• Free shipping on orders over $2,500 (exceptions apply based on size and location)
• Delivery times vary based on product availability and destination
• Customers are responsible for inspecting shipments upon delivery
• Delivery is curbside unless upgraded delivery services are purchased

Please review our complete Shipping Policy for detailed information.

7. Returns, Refunds, and Cancellations

7.1 All Sales Are Final

All purchases made through Captivating Cabinets are final. We do not accept returns or issue refunds for change of mind, incorrect orders, or products that do not meet your expectations.

7.2 Damaged Products

If you receive damaged items or encounter issues with your order due to shipping damage:

• Note all damage on the delivery receipt before signing
• Take detailed photos of damaged items and packaging
• Contact us immediately at 609-900-3358
• We will file a damage claim with the carrier and arrange for replacements at no additional cost
• Damage claims must be reported within 5 days of delivery

7.3 Warranty Claims

We handle all warranty claims resulting from manufacturer defects. Products are covered under the respective manufacturer's warranty. Contact us immediately if you believe you have received a defective product.

7.4 Order Cancellations

Order cancellations may be possible before shipment but are subject to:

• Manufacturer acceptance of cancellation
• Potential restocking fees (typically 15-35% depending on manufacturer and product)
• Processing fees if production has already begun

Contact us immediately at 609-900-3358 if you need to cancel an order. Cancellation is not guaranteed once an order has been placed.

8. Product Warranties

As an authorized distributor, we facilitate warranty claims for all cabinet products covered by manufacturer warranties from Fabuwood, J&K Cabinetry, Cubitac, Diamond, Decora, and Mantra. Warranty terms vary by manufacturer and product line.

We handle all warranty claims on your behalf to ensure your satisfaction with every purchase. If you encounter any issues with your cabinets that may be covered under warranty, contact us immediately at 609-900-3358 and we will coordinate with the manufacturer to resolve the issue.

DISCLAIMER: Captivating Cabinets is an authorized distributor, not the manufacturer of these products. While we facilitate warranty claims, final warranty decisions are made by the respective manufacturers. EXCEPT AS EXPRESSLY PROVIDED IN MANUFACTURER WARRANTIES, PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTIVATING CABINETS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH:

• Your use or inability to use our website or products
• Product defects, damages, or installation issues
• Delays or failures in delivery
• Unauthorized access to or alteration of your data
• Statements or conduct of third parties

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the limitation of certain damages, so some of these limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Captivating Cabinets, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of our products or services
• Product installation or modification
• Your violation of any rights of another party
• Your negligence or misconduct

11. Design Services

Our complimentary 3D design services are provided as a courtesy to assist with your cabinet planning. By using this service:

• You must provide accurate measurements and project details
• Designs are estimates and may require professional verification
• We are not responsible for design errors resulting from inaccurate measurements
• Final installation must be performed by qualified professionals
• Design services do not guarantee product fit or suitability
• Professional consultation is recommended before purchasing

12. Contractor Program

Participation in our Contractor Program requires:

• Valid contractor license or business credentials
• Acceptance of Contractor Program terms and conditions
• Compliance with professional standards and codes
• Accurate representation of contractor status

We reserve the right to verify credentials and deny or revoke program participation at our discretion. Misrepresentation of contractor status may result in account termination and legal action.

13. Intellectual Property

All content on our website, including text, graphics, logos, images, videos, software, and design elements, is the property of Captivating Cabinets or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, reproduce, modify, or distribute our content without permission
• Use our trademarks or logos without written authorization
• Create derivative works from our website content
• Use automated tools to access or scrape our website
• Remove or alter copyright notices or proprietary markings

Product images and brand logos (Fabuwood, J&K, Cubitac, Diamond, Decora, Mantra) are property of their respective manufacturers and are used with permission.

14. User Conduct

You agree not to:

• Use our website for any unlawful purpose or to violate any laws
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our website or servers
• Impersonate any person or entity
• Collect user information without consent
• Post false, misleading, or defamatory content
• Engage in fraudulent activity or payment disputes in bad faith

15. Third-Party Links and Services

Our website may contain links to third-party websites, including manufacturer sites, payment processors, and social media platforms. We are not responsible for the content, privacy practices, or terms of service of these third-party sites.

Your use of third-party services is at your own risk and subject to their terms and conditions.

16. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our privacy practices as described in the Privacy Policy.

17. Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of the State of New Jersey and applicable federal law, without regard to conflict of law provisions.

17.2 Arbitration Agreement

Any dispute arising out of or relating to these Terms or your use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except as modified by these Terms. Arbitration shall take place in New Jersey.

17.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action.

17.4 Exceptions

Either party may seek injunctive relief in court for intellectual property disputes or violations of these Terms that cannot be adequately remedied through monetary damages.

18. Termination

We reserve the right to suspend or terminate your account or access to our website at any time, with or without notice, for any reason, including violation of these Terms, fraudulent activity, or abusive behavior.

Upon termination:

• Your right to use our website and services immediately ceases
• Pending orders may be cancelled (subject to our cancellation policy)
• You remain liable for all outstanding obligations
• Provisions that by their nature should survive termination remain in effect

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, and Cookies Policy, constitute the entire agreement between you and Captivating Cabinets regarding your use of our website and services, superseding any prior agreements.

21. SMS Terms & Conditions

If you have consented to receive SMS text messages from Captivating Cabinets, the following terms apply to our SMS communications:

21.1 SMS Consent & Data Privacy

The information (phone numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

21.2 Types of SMS Communications

If you have consented to receive SMS text messages from Captivating Cabinets, you may receive recurring conversational SMS/text messages related to the following:

• Appointment reminders and scheduling confirmations
• Follow-up messages regarding your design consultation or order
• Order updates and delivery notifications
• Billing inquiries and payment reminders
• Customer service communications

21.3 Message Frequency

Message frequency may vary (up to 5 messages per week) regarding your design consultation, order status, appointment reminders, and customer service communications.

21.4 Potential Fees for SMS Messaging

Message and data rates may apply, depending on your carrier's pricing plan. These fees may vary if the message is sent domestically or internationally.

21.5 Opt-In Method

You may opt-in to receive SMS messages from Captivating Cabinets in the following way:

• By submitting an online form

21.6 Opt-Out Method

You can opt out of receiving SMS messages at any time. To do so, simply reply "STOP" to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

21.7 Help

If you need assistance with our SMS communications:

• Reply HELP to any SMS message you receive
• Call us at 609-900-3358
• Visit our contact page at www.captivatingcabinets.com/contact

Additional Options:

If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

21.8 Standard Messaging Disclosures

• Message and data rates may apply
• Message frequency may vary (up to 5 messages per week)
• Reply STOP to opt out at any time
• Reply HELP for assistance
• Consent is not required for purchase
• View our Privacy Policy and SMS Terms & Conditions for information on how we handle your data

22. Contact Information

If you have questions about these Terms of Service, please contact us: