TERMS

Phoenix > TERMS

TERMS OF SERVICES

General Terms of Service

  1. Introduction: PHOENIX BUILDING SUPPLY LLC (the “Company” or “We”), maintains its website www.phoenixhomeusa.com (the “Site”) for your personal entertainment, information, education, and shopping convenience of our flooring products and services (the “Service”). By using our website, you agree to these Terms of Service and Legal Notices set forth below and any other disclaimers and terms and conditions stated on the site (“Terms of Service”, or “Terms”).

  2. Use of Website and Services: You must be at least 18 years old to consent to use the Services. ****You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. ****Whether you’re a visitor or a customer, especially a user of one of our authorized dealer networks (each a “Dealer”), you may download material from our website and electronic applications for non-commercial, and Dealer-use only, provided you retain all copyright, trademark, and other proprietary notices contained in the material. You must not modify, alter, distribute, or use the material for public or commercial purposes without written permission from an authorized representative of the Company. It is strictly prohibited to alter the images of our products.

  3. Intellectual Property Rights: Our Site contains registered and unregistered trademarks, copyrights, and service marks including but not limited to our logo, our tag lines, and those of our vendors and others (collectively, “Our Marks”). Any use of Our Marks is strictly prohibited, except as explicitly permitted in this Site. The Company is the rightful owner of the “Core Proof Floors” trademark and a licensee of Finfloor products. “Roomvo” is a registered trademark of Leap Tools Inc and they does not endorse these Terms, and their terms of services are available in this link. The content on our website, including but not limited to text, images, and videos, is protected by copyright and other intellectual property laws. You may not use this content without express permission from PHOENIX BUILDING SUPPLY LLC. Our intellectual property is protected by local and international laws, and you acknowledge that our rights are valid and enforceable. You also agree that you will not take any actions that could threaten, harm, challenge, or in any way conflict or reduce the value of Our Marks or our rights with respect to Our Marks.

    4. Orders: We strive to provide accurate prices, descriptions, images, 3D representations, and details of the products we display. However, we may occasionally make mistakes or incur errors, causing inaccurate product or service information to be displayed on our Site, including size, color, price, and availability. Together with our vendors, we reserve the right to cancel your order, or to correct any errors and revoke any offers, including after the orders have been submitted. The Company facilitates the purchase of products or services that are offered, sold, or manufactured by third parties, such as our authorized dealers (our “Dealers”) and other commercial partners. We may need to verify certain information prior to accepting an order. Together with our Dealers, we reserve the right to change, limit, refuse, or cancel any orders by you for products and services that are sold, at our discretion, without prior notification, and at any time, including after your receipt of an order number or email confirmation.

    1. Payment Terms: If you are a Dealer and purchase our products and services, you must provide complete and accurate billing information, including a valid payment method. The payments for your purchase orders can be made either Net-30 or Cash on Delivery (COD) (the “Payment Profile”) depending on your business financial health and your partnership tier with the Company (the Company through their official agents or its systems will communicate your payment profile). Alternative payment arrangements require written approval from an authorized representative of PHOENIX BUILDING SUPPLY LLC. Please be aware that past due balances are subject to a 3% late-fee finance charges of the unpaid balance per month, and we may suspend the Services immediately after providing written notice of late payment. For more details, please refer to your invoice, and to the special clauses for Dealers (see below). If you have any questions feel free to contact our administration and finance department at < phoenixbuildingsupplu@gmail.com >.

    2. Disclaimer and Limitation of Liability: You may not use our Services for any illegal, harmful, or abusive activity. ****Our Site is provided on an “AS IS” and “as available” basis. Our Services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them. Thus, the Company does not warrant uninterrupted or error-free use of the Site. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Use of the site is at your sole risk. Under no circumstances shall PHOENIX BUILDING SUPPLY LLC be liable for any damages arising from your use of the Site. We are not responsible for any damages or liability arising out of the content on our Site, including, without limitation, content from third parties, the accuracy of any information, prices, availability, or product descriptions, and the quality or conduct of any third parties via PHOENIX BUILDING SUPPLY LLC, including our Dealers and vendors.

      1. Privacy Notice: The Company (PHOENIX BUILDING SUPPLY LLC as your Data Processor) automatically collects certain types of Personal Information when you use our Services. This includes: (i) Log Data: Information sent by your browser or device, like your IP address, browser type and settings, and your interaction details with our Services. (ii) Usage Data: Information on how you use our Services, including content interaction, features used, actions taken, time zone, country, access times, device type, and connection details. (iii) Device Information: Details about your device, including the operating system, device identifiers, and browser. (iv) Cookies: We use cookies to enhance your experience. You have the option to accept, reject, or be notified about cookies. (v) Analytics: We utilize analytics tools that use cookies to understand Service usage and improve user experience. For more details on cookies, please visit All About Cookies. Personal Information is used to provide and improve our Services, communicate with you, develop new services, ensure security, support business transfers, and comply with legal obligations. Our Services may contain links to Third Party Sites, which are not governed by our privacy policy. We recommend reviewing their privacy policies for more information.

      2. Termination: You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

      • You breached these Terms.
      • We must do so to comply with the law.
      • Your use of our Services could cause risk or harm to PHOENIX BUILDING SUPPLY LLC, our users, another member of our PHOENIX dealer network, or anyone else.
      • We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.

      1. Dispute Resolution; Applicable Law and Venue; Class and Jury Trial Waiver: You and PHOENIXBUILDING SUPPLY LLC agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”). ****In case a Dispute arise, ****We would like to understand and try to address your concerns prior to any formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate any permitted legal action. These Terms shall be governed by and construed in accordance with the laws of the state of Florida. Any dispute arising out of these Terms shall be subject to the exclusive jurisdiction of the courts of Fort Myers – County, Florida. You and the Company agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available following the above mentioned procedure. You and PHOENIX BUILDING SUPPLY LLC knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

      2. Amendments to Terms: The Company reserves the right to make changes to these Terms of Service at any time. By continuing to use the site, you agree to be bound by these revisions. At any time, we may change any of the following: Our Site, this Terms, our policies, including our Privacy Policy, then those changes will be effective immediately when the change is available at our Site. Your use of our Site and web applications after such changes constitutes your acknowledgement, agreement, and acceptance of these changes. Revisions to this Agreement supersede all previous versions of this Agreement and any verbal or written notices or statements. If you do not agree with any changes to this Agreement, you should not use this Site and the Company’s services

      3. Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

      4. Entire Agreement: These Terms of Service constitute the entire agreement between you and PHOENIX BUILDING SUPPLY LLC regarding your use of the website and supersede all prior or contemporaneous communications and proposals.

      5. Acknowledgment: By using our site, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. If you are dissatisfied with the site or any content, your sole and exclusive remedy is to discontinue using the site.

      6. Questions? You can send us any questions or petition via written letter to our registered address at 12811 Kenwood Lane suite 108, Fort Myers, FL 33907 or via email to < phoenixbuildingsupplu@gmail.com >. Should want to call us, please dial +1(239) 672-3181

SPECIAL CLAUSES FOR OUR DEALER

A) Indemnification: as a Dealer utilizing our services, you acknowledge and agree to the Company’s Terms for the Sale of Flooring Products, and to indemnify and hold PHOENIX BUILDING SUPPLY LLC, including our affiliates, licensors, vendors, partners, and agents, as well as our and their successors, assigns, officers, directors, employees, contractors, consultants, and other representatives, harmless from any claims, damages, losses, costs (including reasonable legal fees and other litigation expenses), arising directly or indirectly from:

  1. Breach of Terms: Any violation or breach of these Terms of Service by you.
  2. Breach of Warranty. Any intentional or unintentional breach of our installation instructions that could waive our product warranties.
  3. Activities or Misconduct: Any actions or misconduct, intentional or unintentional, in connection with the use of our Site.
  4. Intellectual Property Violations: Allegations that any information or content transmitted through our Site infringes or violates the copyright, trademark, patent, or any other intellectual property or proprietary rights of a third party.
  5. Third-party Content and Advertising: Any advertisement, posting, or promotion of third-party content or assets through our digital tools and media outlets, conducted on your behalf or upon your request.

You agree that this indemnification extends to requiring you to pay for our defense and our legal fees, where applicable, in the event of a lawsuit or claim attributed to such circumstances as outlined above.

B) Credit Terms For Dealers: as a Dealer utilizing our services, you acknowledge and agree to the following:

  1. Credit Information and Documentation: Prior to the delivery of any product, and at any subsequent time upon the Company’s request, the Dealer is required to promptly furnish the Company with necessary credit information and documentation. The Dealer hereby grants permission to the Company to directly obtain such credit information from the Dealer or any relevant third parties, as may be reasonably necessary for the Company to assess the Dealer’s creditworthiness.
  2. Company’s Rights on Impaired Creditworthiness: Should the Company, at its sole discretion, determine that the Dealer’s financial responsibility appears impaired or unsatisfactory, or if the Dealer fails to provide the requested credit information and documentation in a timely manner, the Company reserves the right to either: a) Suspend further product deliveries; or b) Require payment from the Dealer on a Cash-On-Delivery (COD) basis, until such time as either: i) Adequate security measures, satisfactory to the Company, are established, or ii) The Dealer’s outstanding debts are settled in full.

This condition applies irrespective of any prior arrangements or agreements made between the Company and the Dealer.

C) Payment Options: If you are a Dealer, payment for products and services provided by PHOENIX BUILDING SUPPLY LLC can be made either within thirty (5) days after the date of the invoice (Net-30) or Cash on Delivery (COD), depending on your financial health and tier of partnership with the Company. Any deviations from these terms must be explicitly agreed upon in writing by an authorized representative of PHOENIX BUILDING SUPPLY LLC.

D) Issuance of Invoices: Invoices for products purchased will be issued promptly following shipment. Dealers are required to pay the full amount of each invoice in U.S. dollars, without any discount, adjustment, or set-off, ensuring the payment is deposited into the Company’s account within the agreed-upon payment period.

E) Consequences of Non-Compliance with Payment: Failure to comply with these payment terms grants PHOENIX BUILDING SUPPLY LLC the right to:

  • Immediately terminate the Agreement and any other existing agreements with the Dealer.
  • Suspend further deliveries until all payments are made in full.
  • Reclaim any delivered products.
  • Place the Dealer on a cash-in-advance payment basis for future transactions.
  • Exercise rights of recoupment or set-off against any dues by PHOENIX BUILDING SUPPLY LLC or its affiliates to the Dealer or its affiliates.
  • Initiate legal action for recovery of unpaid amounts and enforce any security interests.

F) Late Payment Charges: Please be aware that past due balances are subject to a 3% late-fee finance charges of the unpaid balance per month, and we may suspend the Services immediately after providing written notice of late payment. For any queries regarding your invoice, feel free to contact our Administration and Finance Department at < phoenixbuildingsupply@gmail.com >.

General Terms for the Sale of Flooring Products by PHOENIX BUILDING SUPPLY LLC

The sales of flooring products by the Company to its Dealers shall be governed by these General Terms and Conditions (the “General Terms of Sale”), except to the extent that they are inconsistent with any specific terms and conditions agreed upon for the sale of products, as detailed in the Company’s invoice or a separate purchase order agreement (the “Specific Terms”). In such cases, the Specific Terms shall govern over these General Terms of Sale. Together, the Terms, these General Terms of Sale, and Specific Terms shall constitute the Agreement between PHOENIX BUILDING SUPPLY LLC and the Dealer. All other terms and conditions not included herein are expressly rejected.

  1. Delivery Schedule: The Company provides approximate shipping and delivery dates in good faith, but these are not guaranteed unless specifically agreed to in writing. The Dealer shall be responsible for all costs associated with the failure to accept delivery of products. Orders placed with the Company are binding, and any changes or product returns are subject to the Company’s express prior approval, and it may incur in restocking fees. If the Dealer places a rush order, or modifies an existing order within fourty-eight (72) hours of the scheduled delivery, and the Company accepts this Rush Order, any expedited shipping charges will be added to the invoice price.

  2. Title and Risk of Loss: Title to and risk of loss of the product shall pass from the Company to the Dealer when the product is loaded onto the carrier’s equipment at the point of origin, which is either the Company’s warehouse or any Company’s remote distribution center or storage facility.

  3. Price Change: The Company will honor any committed sale prices in any issued invoice to your Dealer. However, we reserve the right to increase the price of any product at any time by giving advance verbal or written notice to the Dealer or electronic information through the Company’s web applications and dealer portal. If the Dealer does not provide a written objection to such a change before its effective date, it will be deemed accepted. If the Dealer objects to the price change, the Company may either continue to supply the product at the previous price or the new price as agreed upon, or terminate the purchase order with respect to the affected product.

  1. Credit Terms: Dealer’s on credit terms (e.g Net-30), and prior to the delivery of any product, and at any time thereafter upon the Company’s request, such a Dealer shall provide the necessary credit information and financial documentation to the Company. The Company may suspend deliveries or require cash-in-advance if the Dealer’s financial responsibility is deemed unsatisfactory or if the Dealer fails to provide the requested credit information.

  2. Invoices and Payment: The Company will issue invoices for products purchased following shipment. Payment is due in full, without set-off or deduction, within thirty days of the invoice date. Failure to comply with these payment terms may result in the Company taking actions including terminating the Agreement, suspending further deliveries, reclaiming delivered products, requiring cash-in-advance for future transactions, exercising rights of recoupment or setoff, initiating legal action for recovery of sums due, or enforcing security interests.

  3. Sales Taxes: In addition to the price of the products, the Dealer is responsible for paying any sales tax, duty, or other governmental charges imposed on the products or required to be paid by the Company, other than income tax. If your Dealer is tax exempted, it shall provide with the required back up documentation.

  4. Warranties and Disclaimers: The Company warrants that its products will conform to its published specifications at the time of sale, except for products sold as-is, such as developmental, sample, or off-specification products. The Company expressly excludes all other warranties, whether express or implied.

  5. Claims; Limitation of Damages: The Dealer must examine the products upon receipt and notify the Company in writing of any nonconformity. The Company’s liability for nonconforming products is limited to replacement or refund of the purchase price. The Dealer assumes all risk and liability resulting from the use of the products and shall indemnify the Company for any product claims arising therefrom wrongful installations, lack of attention to product installation manuals, unleveled surfaces, and/or excessive relative humidity on the soil where the flooring products are to be installed. The Company’s liability for any losses or damages relating to the products is limited to the purchase price of the product in question.

  1. Technical Assistance and Installation: The Company may provide technical advice or assistance regarding the use of its products, but assumes no obligation or liability for such advice. Installation is the responsibility of the Dealer (or the Dealer’s customers as may be applicable).

  2. Intellectual Property: All intellectual property rights related to the products remain with the Company. The Dealer must obtain the Company’s prior written approval to use any of the Company’s intellectual property.

  3. Force Majeure. Except for payment obligations, neither you nor the Company will have any liability for failures or delays resulting from conditions beyond your or Company’s reasonable control, including but not limited to governmental action or acts of terrorism, hurricanes, earthquake or other acts of God, labor conditions, or power failures.

  4. Choice of Law and Venue: The Agreement is governed by the laws of the State of Florida, and any disputes arising out of the Agreement shall be resolved in the courts of FORT MYERS  county.

  5. Compliance with Laws; Trade Controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export. The Dealer agrees to comply with all applicable laws and regulations and indemnify the Company against any non-compliance with this Agreement.

  6. General Provisions: In the event that any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement contains the entire agreement between the Company and the Dealer regarding the purchase and sale of products and supersedes any prior agreements. Amendments to the Agreement must be in writing and signed by authorized representatives of both parties. The Agreement is confidential and may not be disclosed except as required by law.

  7. Notices: All notices and communications required under these General Terms of Sale must be in writing and delivered to our registered address at 12811 kenwood Lane suite 108, Fort Myers, FL 33907

  8. .Last update: January 4, 2024