TERMS AND CONDITIONS

Date posted: 17/04/2019

At TRENDCONCRETE providing high quality craftsmanship and excellent customer service are our top priorities. We are pleased that you (“Customer”) have chosen to purchase one or more of our items (“Products”), and we want you to be fully satisfied with your purchase and experience with our company, so please take a moment and carefully review all of our Terms and Conditions before placing your online order. If you have any questions or concerns, please contact us directly by any of the following methods:

TRENDCONCRETE

108/74 Tran Quang Dieu, Ward 14, District 3, HCMC

Phone: +84938 190 300

E-mail: info@benton.design

CONDITIONS OF USE:

By using this website you agree to all of the terms and conditions listed below:

Payment Terms & Terms of Sale:

• All Orders are subject to TrendConcrete’s express written approval.

• TrendConcrete accepts Visa, MasterCard credit cards, checks and wire transfers.  If paying by check or wire transfer, the order will not be processed until the check or wire transfer clears.

• TrendConcrete will process payment for approved orders received on weekends or holidays on the next business day.  Business days are Monday through Saturday, excluding holidays.

• Payment for all Products is due in full at the time of purchase.  Orders will not be processed and Products will not be manufactured and delivered unless and until payment in full is received.  The customer agrees that all Products shall remain the property of TrendConcrete until payment in full is received and Products are Shipped.

• Prices listed online are subject to change without notice.

• TrendConcrete shall have no obligation to provide installation services unless expressly stated in the parties’ written agreement. TrendConcrete shall have no obligation to pay for labor or other costs for the installation or removal of any Product.

The re-sale of any Products sold by TrendConcrete without its express written consent is strictly prohibited.

Many of TrendConcrete’s Products are subject to State and Federal copyright and trademark laws. The Customer shall not take any actions that would violate any of TrendConcrete’s copyrights, trademarks, artisan liens, or other applicable common law or statutory rights.

Any custom molds or custom items manufactured and paid for by the Customer are property of TrendConcrete and shall remain its property throughout the Project and thereafter.  The Customer agrees that it does not have any ownership rights in or to such molds or custom items, nor shall the customer be entitled to them whether or not the Project is completed or cancelled for any reason.

Customer acknowledges that all drawings and/or electronic files which may accompany the Product are and shall remain the property of TrendConcrete, and shall not be modified, reproduced or retransmitted in any form without its express written consent. While TrendConcrete makes every effort to ensure that its drawings and/or electronic files are accurate and complete, the customer should review the drawings and/or electronic files to ensure they are in accordance with the customer's specifications and promptly notify TrendConcrete of any inaccuracies.  TrendConcrete assumes no liability for any inaccuracies which are not brought to its attention before the product is manufactured.

Errors & Omissions:

• While we do our best to ensure that the pricing and product information on our website is accurate, occasionally typographical and informational errors occur.  We apologize for any inconsistency, but reserve the right not to fulfill orders based on incorrect pricing or other information on all print or electronic media.

Sales Tax Policy:

• Unless a current resale certificate is provided in which the Products are being delivered, TrendConcrete is required to collect sales tax for residential and commercial orders shipped.  

• If the Order requires TrendConcrete to deliver the Products to a Project Location (not utilizing third party ground or freight carrier services), TrendConcrete is required to charge and collect sales tax at the sales tax rate applicable in which the Product is being delivered.

 

Cancellation & Return Policy:

• Since all of TrendConcrete’s products are custom made to order, TrendConcrete regrets that cancellations, returns, or exchanges of any Products are not permitted.

• If TrendConcrete delivers a Product that you did not order, you must notify us within seven (7) business days from the date of receipt of the Product.  We will arrange for you to ship the Product back to us in its original crate or container. TrendConcrete will pay for all return shipping expenses and will deliver the correct Product as soon as possible.

• After production has begun, changes to orders are usually not possible. TrendConcrete will attempt to accommodate a Customer’s request to change orders, but additional charges may be incurred and TrendConcrete reserves the right to reject such requests in its sole discretion.

Shipping:

• Items normally are shipped via Ground Service or Freight Carrier depending on size and weight.

• Items are sent Standard Shipping unless the customer requests an alternate form of shipment before making a purchase online.  Additional charges will be applied to the total invoice and may be charged separately from the initial Product purchase price to the customer’s credit card.

• Items shipped to customers outside of Vietnam may be subject to customs, brokerage import or other tariff fees.  The customer is responsible for and shall pay all such fees. The Customer may contact TrendConcrete prior to purchase for an estimate of these additional fees.  If a Customer places an order with a Ship To address outside of Vietnam. and has not obtained an estimate for these additional fees, TrendConcrete will contact that Customer to provide an estimate and to obtain a credit card authorization form providing consent for TrendConcrete to charge the Customer these additional fees.  Production will not begin on the Customer’s project until this authorization is obtained in writing. All such additional charges and fees shall be billed separately from the initial product purchase to the customer’s credit card.

• TrendConcrete is not responsible for any time guarantees in shipping and will not be responsible for any inconvenience or any monetary loss, penalty, or extra charge of any kind incurred by our customers should any delivery take longer than anticipated.

• Once your order has been prepared for shipment or has shipped, we normally are unable to change the shipping address. In the event the shipper agrees to change the shipping address after your order has shipped, you agree to pay prior to delivery any additional costs which are incurred to change the shipping address.

 

Freight Carrier:

• All TrendConcrete Products other than those listed above under "Ground Service" will be shipped on a pallet(s) via freight carrier.  For residential deliveries, the freight company will normally contact you 24-48 hours in advance to notify you of a projected delivery window of time and will typically require you to be present at the time of delivery.  TrendConcrete is not responsible for setting up this appointment. Missing a delivery may result in an extra delivery charge that must be paid by the customer.

• Please be aware that the driver is only required to deliver the crate(s) curbside.  The definition of curbside will vary depending on the location and set up of your home or business.  This may mean that the crate will be left in the street at the curb, at the end of your driveway or in the parking lot.  Where the crate is left is at the discretion of the driver. It is your responsibility to move the crate from that drop off location to its final location.  For larger items, you will want to have additional helpers available to assist the driver in unloading the crate off of the truck. The driver will not bring the crate(s) into your garage, home or business, and will not assist you in opening the crate(s).

Damaged Merchandise:  

As with all deliveries, please thoroughly inspect the package/crate for damage BEFORE signing for the delivery.  Please be aware that once you sign for receipt of a delivery, ownership is transferred to you; your signature confirms that you have inspected the shipment and that it is in good condition.  Damage to the package/crate must be immediately reported to the carrier before you sign AND noted on the Bill of Lading (applicable for freight deliveries). Please open your package/crate to ensure that there was no damage to the Product within 48 hours after delivery.  Please notify TrendConcrete immediately of any damage so that we can start the claims process. Claims made after this 48-hour window may be denied. Save ALL packaging and products for the carrier to inspect (potentially at a later date) until you are given further instructions. You may be required to send photos of the damaged product or return the damaged product to TrendConcrete.  If upon delivery you can tell that there is damage to the Product from the outside of the package/crate, please reject the shipment and contact TrendConcrete within 24 hours to notify us of the situation.

Delivery by TrendConcrete:

• If TrendConcrete and Customer arrange for TrendConcrete to deliver the products to the project location (instead of shipping via third party ground or freight carrier), TrendConcrete will contact the Customer at least 24 to 48 hours in advance to schedule a delivery date and window of time during normal business hours (Monday through Saturday  8:00 a.m. to 5:00 p.m., excluding legal holidays). Upon completion of delivery, the Customer will be required to execute a product approval form.

• TrendConcrete shall not be liable or responsible for any damage done to the project caused by anyone who is not a TrendConcrete employee or sub-contractor, including homeowners, designers, contractors, or their respective employees, servants, or agents.

• Customer shall provide TrendConcrete with a sufficient and safe means of access to allow delivery of the Product to its final location at the Project Site.  It is the Customer's responsibility to secure in advance any approvals from building management that may be required to effect delivery and to measure and confirm that the physical dimensions of available freight elevators, loading and unloading areas, hallways, door frames, and the like, are sufficient to accommodate the Product.

• In the event Customer is unable to provide sufficient or safe access for delivery of the Product to its final location at the Project Site, Customer shall designate a secure location at or near the Project Site to which the Product may be delivered by TrendConcrete, and shall have no further liability with respect to delivery of the Product.  If the Product cannot be delivered for any reason, or if TrendConcrete is required to arrange for re-delivery of the Product, Customer shall be responsible for and shall pay all additional charges incurred thereby.

• Customer authorizes TrendConcrete to take and retain photographs of the Project upon completion of the delivery.  These photographs shall be the property of TrendConcrete and the Customer understands and agrees that TrendConcrete may utilize such photographs in the course of its continuing business operations, and its print and electronic media, including its promotional and advertising materials.  Customer shall not have any ownership or other rights in such photographs or in their subsequent use.

Durability & Appearance of Products:

Chipping/Scratching - Concrete is a very durable material, but may chip if struck with another hard object. Scratches may form on your surface if a sharp or rough object is dragged across the concrete.  Minor scratches can be filled in with a wax or Pledge. TrendConcrete is not responsible for repairing or replacing any products that are chipped or scratched after delivery is completed.

Cracking - Cracks can form in concrete from stress, movement, shrinkage, weather (freeze-thaw), or abuse to the product. Hairline surface cracks may develop and are considered acceptable in the concrete industry.  TrendConcrete is not responsible for repairing or replacing any products that develop or sustain hairline cracks.

Staining - Our concrete has a topical sealer applied for water and stain resistance (left in its natural state, unsealed concrete is porous and will stain).  All sealers used on our concrete products are food safe and are designed to withstand normal use in kitchens, baths and floors. Highly acidic products such as lemon juice, mustard, vinegar, wine, soda, tomatoes, bananas, pumpkins/gourds, etc., perfumes, colognes, and cleaners or soaps that contain vinegar or citric acids, and other harsh chemicals or solvents such as acetone, ammonia, hydrogen peroxide, bleach, etc. should be avoided or cleaned off of your concrete surface as soon as possible.  These substances may “eat” through the sealer, leaving a light clouding, and could possibly expose or stain your concrete. There are of course other items and products that may damage your sealer. We have tested against the most typical, but please use standard precautions to keep your concrete protected. Staining can also occur if the sealer is compromised (e.g. cutting on it, using abrasive cleaners or scrubbing pads, etc.). TrendConcrete is not responsible for repairing or replacing any products that develop stains after delivery is completed.

Product Appearance & Variation - TrendConcrete’s products are made by hand using natural materials and therefore all products will vary in color, size, appearance, and texture.  Concrete products may also show particles of sand, fiber, colorant or Portland cement in various areas. Fill holes on the surface, edges, and inside of integral sinks will have a different shade or tone of color than the root concrete color.  These variations are not considered a defect but rather a desirable characteristic. Approved color samples may vary from the finished product. TrendConcrete has limited control over the outcome of each product, and is therefore not responsible for replacing or repairing products due to these variations.

Product Image Disclaimer - TrendConcrete tries to provide the most accurate images available.  However, due to variations in computer monitors and the various settings for both brightness and contrast, we cannot guarantee that the color represented in a product image on your monitor is exactly as it will appear in the physical world.  The same holds true for all printed materials as well due to variations in the printing process.

Trademark Placard - In order to emphasize the unique nature and high quality of each Product, TrendConcrete will place its trademark logo in a permanent, non-removable manner, on each Product, at a peripheral, yet visible location, at a size of no more than 1.5 x 0.625 inches.  Customer acknowledges that it accepts that such Products will include the Trademark Placard, unless Customer specifically requests otherwise in writing either 1) via the online store checkout process at Step 4: Order Confirmation where you can write the request in the "Order Instructions/Comments (Optional)" box or 2) via email to info@benton.design within 24 hours of placing the order.  Please be sure to also include your name and the order number in the email.

Warranties, Limitations of Liability and Exclusive Remedies:

TrendConcrete warrants for a period of one (1) year from the date of delivery that its Products shall perform in a good and workmanlike manner in accordance with applicable standards; comply with any applicable laws, rules or regulations; and not violate or infringe upon any presently issued patent or copyright of any third party.  This warranty does not include or cover 1) hairline cracks in the concrete, 2) damage caused during installation or due to incorrect installation, 3) damage caused by incorrect cleaning or care, 4) damage caused by incorrect use, 5) damage caused by acts of abuse to the products such as scratches, chips, stains, or other markings/damage, or 6) damage caused by drilling into or attempting to alter the product from the way in which it was received.

THE FOREGOING WARRANTIES ARE TRENDCONCRETE’S ONLY WARRANTIES CONCERNING THE PRODUCTS, AND ARE MADE FOR THE BENEFIT OF THE CUSTOMER ONLY AND ARE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.

TRENDCONCRETE’s sole responsibility under this Agreement shall be limited to the repair or replacement, at its own expense, of any non-conforming TRENDCONCRETE Products provided hereunder and discovered by the Customer and reported to TRENDCONCRETE within seven (7) days from the date of delivery.

TRENDCONCRETE SHALL HAVE NO LIABILITY OR OTHER RESPONSIBILITY TO THE CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE ALLEGEDLY CAUSED DIRECTLY OR INDIRECTLY BY THE PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS, ANTICIPATORY PROFITS, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.

ADDITIONAL TERMS

A. Customer is responsible to fully inspect the Product promptly upon delivery, including all items which constitute the Product; and to notify TrendConcrete in writing of any and all non-conformities so that TrendConcrete may inspect, repair and/or replace the Product in accordance with the provisions of this Agreement.  TrendConcrete shall have no responsibility for any non-conformity in the Product unless the Customer provides written notice to TrendConcrete within seven (7) days from the date of delivery.

B. An order or agreement for the purchase of custom-made Products is not cancellable, and payment in full shall remain due and payable notwithstanding any attempt to cancel such an order.

C. If the Customer requests cancellation of an order or Agreement for standard or stock items within thirty (30) days of delivery, and TrendConcrete agrees to such cancellation, Customer shall pay to TrendConcrete a restocking fee equal to twenty-five (25%) of the Purchase Price (the “Restocking Fee”).

D. Customer agrees that the price of the Products purchased from TrendConcrete does NOT include any installation services, unless expressly stated in the Order.  Please contact TrendConcrete to obtain a quotation for installation services of any TrendConcrete Product.

E. If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, such provisions are, to that extent, deemed omitted, but this Agreement and the remainder of its provisions shall otherwise remain in effect.  No provisions of this Agreement shall be deemed waived, amended or modified by either party, unless such waiver, amendment or modification is in writing and signed by the parties.

F. The waiver of one default under this Agreement shall not be deemed a waiver of subsequent or similar defaults.

G. TrendConcrete and the Customer agree that this Contract shall be governed by the laws of Vietnam without reference to conflicts of laws principles. Customer agrees that any disputes that may arise between customer and TrendConcrete shall be resolved exclusively in the state and federal courts located within Vietnam, and the customer irrevocably consents to the personal jurisdiction of such courts for such purposes.

H.  CUSTOMER EXPRESSLY WAIVES THE RIGHT TO A TRIAL BY JURY IN THE EVENT EITHER PARTY BRINGS A LEGAL ACTION TO ENFORCE RIGHTS UNDER THIS AGREEMENT OR TO RESOLVE ANY OTHER MATTERS IN DISPUTE THAT MAY ARISE BETWEEN CUSTOMER AND TRENDCONCRETE.

I. THESE TERMS AND CONDITIONS SHALL SUPERSEDE AND TAKE PRIORITY OVER ALL PROPOSALS, CUSTOMER PURCHASE ORDERS OR ANY OTHER WRITTEN OR ORAL COMMUNICATIONS BETWEEN THE PARTIES.  RECEIPT BY THE CUSTOMER OF PRODUCTS HEREUNDER SHALL BE DEEMED CONCLUSIVE OF CUSTOMER'S AGREEMENT THAT THE PURCHASE, USE AND POSSESSION OF TRENDCONCRETE’S PRODUCTS IS SUBJECT TO THESE TERMS AND CONDITIONS.

Disclaimer:

By purchasing and installing our products, you agree that TrendConcrete, its members, employees, and affiliates, cannot be held responsible for any accidents, liabilities, misuse of any of TrendConcrete’s products, or any damages that may be caused thereby.

Website Privacy Policy:

This privacy policy tells you how TrendConcrete uses personal information collected on this website. Please read this privacy policy before using the site or submitting any personal information.  By using the site, you are accepting the practices described in this privacy policy. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information that you provide will be used.  We reserve the right to make changes to this policy. Any changes to this policy will be posted on this site. Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other websites, please review the privacy policies posted on those sites.

Collection of Information:

TrendConcrete collects personally identifiable information, including names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors.  The information you provide is used to fulfill your specific request. We will occasionally send you newsletters via email or mail to inform you of new products or special offers.  At your request, we will remove you from our mailing list at any time. Phone numbers will only be used to contact you in regards to an order that you have placed. TrendConcrete does not sell or assign any personally identifiable information that it receives to any third parties.

Cookie/Tracking Technology:

The Site may use cookie and tracking technology depending on the features offered.  Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site.  Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information.  Aggregate cookie and tracking information may be shared with third parties.

Distribution of Information:

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation.  We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place.  The information is not provided to these companies for marketing purposes.

Commitment to Data Security:

Be assured that all of your personally identifiable information is kept secure.  Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) will have access to this information.

Privacy Contact Information:

Your privacy is important to us so be assured that TrendConcrete does not sell any of our customer’s information to third party vendors.  If you have any questions, concerns, or comments about our privacy policy, you may contact us by phone: +84939 190 300 or by email: info@benton.design.