TERMS & CONDITIONS
Sales of Products & Services
Updated January 10, 2022
The following Terms and Conditions apply to EKODOME® Products & Services. At the time of purchase, you will be asked to review and agree to these Terms & Conditions. By completing your purchase, you agree to be bound by the following terms and conditions (“Terms of Sales”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
This website is operated by Excolere LLC dba Ekodome. Throughout the site, the terms “Ekodome”, “Ekodome.com”,“we”, “us” and “our” refer to EKODOME®.
Any new features or products which are added to the current store shall also be subject to these Terms & Conditions. You can review the most current version of these Terms & Conditions at any time on this page. We reserve the right to update, change or replace any provisions to these terms by making changes to our website. It is your responsibility to check this page periodically for changes. If there is any inconsistency between these Terms and Conditions and those contained in any of your purchase orders, the provisions contained in these Terms and Conditions shall govern and control.
ORDERS & PAYMENTS
All prices stated are in US Dollars. We accept payment by all major credit/debit cards. If you are purchasing with financing, please refer to the terms of the financier. If you would like to complete your purchase with a purchase order, check, wire transfer, electronic check, and/or ACH, please contact us in writing, with details of your order as well as billing/shipping information.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 judgement, appear to be placed by dealers, resellers or distributors.
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.
SHIPPING AND INSURANCE
Our standard lead time is 18–20 weeks from the date that an order is received. Due to various reasons, this lead time may, from time to time, increase up to 24 weeks.
EKODOME® reserves the right to determine the method of shipping or delivery to your shipping address.
Shipping dates are merely estimates and are not guaranteed. You agree that EKODOME® will not be liable for any damages or penalties that might be incurred due to a delay in shipment of the product. You must pay all freight, duty, and insurance charges. The title and risk of loss pass to you when the product is tendered to a carrier for shipment at the EKODOME® warehouse.
We accept orders from all around the world; however, your order may be subject to import duties and taxes (including VAT), which are incurred once a shipment reaches your destination country. EKODOME® is not responsible for these charges if they are applied and are your responsibility as the customer.
You may cancel your order only by submitting a written notice at any time before the Product ships from the factory. If you cancel your order, you will be charged a restocking fee of twenty five percent (25%) of your entire order, and refunded the remainder within ninety (90) days after cancellation.
No cancellations accepted for customized orders.
CHANGES TO YOUR ORDER
If you wish to change your order, you must submit a written change request. We reserve the right to reject, for any reason, requests for changes after you submit your order. We also reserve the right to delay your shipping date to accommodate requested changes to your order. You agree that EKODOME® will not be responsible for any delays arising from or relating to requested changes to your order. EKODOME® reserves the right to charge a “Change Order Fee” if the change is requested within 20 business days of the scheduled ship date.
EKODOME® warrants its products to be free from defects in material and workmanship under normal use and service conditions. The aluminum frame and hubs are warranted for ten (10) years after the date of purchase, given regular maintenance and check procedure is completed by the purchaser. All other parts are warranted for one (1) year after the date of purchase. In case of a defect, EKODOME®, at its sole option, shall repair or replace the Product. Wind or weather damage is not warranted.
This limited warranty does not cover any defect due to: modification or alteration of the Product; use not in accordance with Product manuals; neglect, misuse, accident, abuse or vandalism; unauthorized or improperly performed repairs; improper assembly, installation or disassembly; improper maintenance or unusual physical stress; improper storage; extreme weather conditions; acts of God; and damages that may occur during assembly or disassembly of the Product.
All warranty coverage extends only to the original retail purchaser from the date of purchase. All products for which a warranty claim is made must be received by EKODOME® at one of its authorized locations. In addition, you must obtain preauthorization in writing from EKODOME®. No other warranty beyond that expressly set forth above is authorized by EKODOME®.
LIMITATION OF LIABILITY
EKODOME® MAKES NO OTHER EXPRESS WARRANTIES. ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE PERIOD OF THE EXPRESS WARRANTY.
YOUR REMEDIES ARE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT AT EKODOME®’S SOLE OPTION. EKODOME® WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE USE, PURCHASE OR REPAIR OF THE PRODUCT, INCLUDING DAMAGES FOR LOST PROFITS AND LOSS OF USE.
TO THE FULLEST EXTENT PERMITTED BY LAW, EKODOME® AND ITS EMPLOYEES, DISTRIBUTORS, RESELLERS, OR CONTRACTORS WILL NOT BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY, INCLUDING BUT NOT LIMITED TO ANY INJURY FOLLOWING IMPROPER INSTALLATION, IMPROPER MAINTENANCE, IMPROPER USE, SUBSTITUTION OF PARTS, OR MODIFICATION BY ANYONE BESIDES EKODOME® OR ITS DISTRIBUTORS, RESELLERS, AND CONTRACTORS.
If any aspect of your order is damaged or missing upon delivery, please contact us immediately for replacement.
If you are not completely satisfied with your purchase, you can also contact us within 30 days from the date you received your order and we will happily refund the purchase price of your item(s) less a 25% restocking fee. Shipping charges are not refundable. Any returned item will be charged the original shipping and handling costs incurred by us. Any discounts given will be subtracted from returned product refunds. You will be responsible for the shipping costs involved with the return of an item. Returned products must be in original condition (this means clean and dry with original packaging material, manuals, plus all other accessories provided). Returned items not in original condition will be assessed and charged an additional reconditioning fee, or refused. Any order involving custom work is not returnable.
In no event shall EKODOME® be held liable for any failure or delay to perform that is due to any cause or circumstance beyond EKODOME®’s reasonable controls including without limitation earthquakes, fire, accidents, floods, storms, other Acts of God, riots, wars, rebellions, strikes, lockouts or other labor disturbances, national or international emergencies, failure to secure materials or equipment from usual sources of supply, failure of carriers to furnish transportation, government rules, regulations, acts, orders, restrictions or requirements.
In the event of any dispute regarding these Terms and Conditions where EKODOME® is the prevailing party, you agree to reimburse EKODOME® reasonable attorney’s fees and all costs and expenses in connection with the action.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be construed in accordance with the laws of the State of New York (without regard to conflicts of laws principles), and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.
ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions contain the entire agreement between EKODOME® and you, with respect to the transactions contemplated hereby and supersedes all prior written and oral agreements, and all contemporaneous oral agreements, relating to such transactions. Should any provision of this agreement be determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions of this agreement shall be unaffected thereby and shall continue to be valid and enforceable.
You hereby agree to protect the confidential information and trade secrets of EKODOME® as it applies to this unique structure and features. If you or anyone with whom you are connected wishes to reproduce, imitate or copy the EKODOME® structure, parts or features thereof, you/they must refrain from doing so unless you/they receive explicit written authorization from EKODOME®.
You agree to use the branded term “EKODOME®” when referring to the geodesic dome kit in any published mediums including but not limited to: print, radio, television, blogs, video logs, YouTube videos or any form of social media that can be accessed by the public. References to EKODOME® on the web should also be accompanied by a link to ekodome.com, where appropriate.
Social media posts shall mention and tag EKODOME® (i.e. @ekodomes (Facebook), @ekodome (Instagram), #Ekodome)
When you purchase a product from EKODOME®, EKODOME® will provide blueprints, engineering plans, assembly manuals, CAD drawings and similar information that reveals all product features and details. This information is PROPRIETARY and shall not be shared or distributed without the explicit written authorization from EKODOME®. EKODOME® is not responsible if the product does not meet the workmanship standards detailed in the instructions or for any structural or material failures caused by incorrect installation. EKODOME® is available to help by phone and offers after hours and weekend support. Limits may apply.
Questions about these Terms and Conditions should be sent to us at firstname.lastname@example.org