Terms of Service

1. Acceptance of Terms

Welcome to D&J Builders Surplus ("Company," "we," "our," or "us"). By accessing or using our website, services, or making a purchase, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

We reserve the right to modify these Terms at any time. Your continued use of our services after any changes constitutes acceptance of the modified Terms.

2. Use of Our Services

You agree to use our website and services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our services in any way that violates any applicable federal, state, local, or international law or regulation
• Transmit any malicious code, viruses, or harmful data
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt our services or servers
• Use our services to infringe upon the rights of others
• Reproduce, duplicate, copy, or resell any portion of our website without express written permission

3. Products and Services

a. Product Information

We strive to provide accurate product descriptions, images, and pricing. However, we do not warrant that product descriptions, images, or other content on our website are accurate, complete, reliable, current, or error-free. Product colors may vary based on your device's display settings.

b. Pricing

All prices are subject to change without notice. We reserve the right to modify prices at any time. Prices do not include shipping, handling, or installation fees unless otherwise stated. All prices are in U.S. dollars.

c. Availability

Product availability is subject to change. We reserve the right to limit quantities, discontinue products, or refuse service to anyone at any time. If a product becomes unavailable after you place an order, we will notify you and provide options for a refund or alternative product.

4. Orders and Payment

a. Order Acceptance

Your order is an offer to purchase products from us. We reserve the right to accept or reject your order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud.

b. Payment Terms

Payment must be made at the time of order or as otherwise agreed upon. We accept major credit cards, debit cards, and financing options through our approved partners. All payments are processed securely through third-party payment processors.

c. Financing

Financing options are subject to credit approval by our financing partners. We are not responsible for financing decisions or terms set by third-party lenders.

5. Shipping and Delivery

a. Shipping Terms

We ship to all 48 contiguous United States. Shipping costs and estimated delivery times will be provided at checkout. Delivery times are estimates and not guaranteed.

b. Risk of Loss

Title and risk of loss pass to you upon delivery of products to the carrier. We are not responsible for delays or damages caused by carriers.

c. Installation Services

Installation services are available in select areas. Installation fees are separate from product costs and will be quoted separately. Installation scheduling is subject to availability and weather conditions.

6. Returns and Refunds

a. Return Policy

Due to the custom nature of many of our products, returns are subject to our return policy. Custom or made-to-order items may not be returnable. Standard products may be returned within 30 days of delivery in original condition and packaging.

b. Refunds

Refunds will be processed according to our refund policy. Refunds may take 5-10 business days to appear in your account after processing.

c. Damaged or Defective Products

If you receive a damaged or defective product, please contact us immediately. We will work with you to resolve the issue, which may include replacement, repair, or refund.

7. Text Messaging and Communications

a. Consent to Receive Messages

By providing your mobile phone number, you consent to receive automated text messages from us regarding your orders, deliveries, appointments, and promotional offers. Message and data rates may apply.

b. Message Frequency

Message frequency varies based on your interactions with our services. You may receive order confirmations, shipping updates, appointment reminders, and promotional messages.

c. Opt-Out

You may opt out of receiving text messages at any time by replying STOP to (972) 666-1422. For help, reply HELP. After opting out, you may still receive transactional messages related to your orders.

d. Carrier Liability

We are not liable for delayed or undelivered messages. Carriers are not liable for delayed or undelivered messages.

8. Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of D&J Builders Surplus or its content suppliers and is protected by United States and international copyright laws. You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission.

9. Warranties and Disclaimers

a. Product Warranties

Products are sold "as is" unless otherwise specified. We provide manufacturer warranties where applicable. We disclaim all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.

b. Website Availability

We do not guarantee that our website will be available at all times or that it will be free from errors, viruses, or other harmful components. We reserve the right to modify or discontinue our website at any time.

10. Limitation of Liability

To the fullest extent permitted by law, D&J Builders Surplus shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services.

Our total liability to you for all claims arising from or related to our services shall not exceed the amount you paid to us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless D&J Builders Surplus, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of our services, violation of these Terms, or infringement of any rights of another.

12. Dispute Resolution

a. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

b. Jurisdiction

Any disputes arising from these Terms or your use of our services shall be resolved in the state and federal courts located in Dallas County, Texas.

c. Arbitration

For disputes under $10,000, you agree to resolve disputes through binding arbitration rather than in court, except where prohibited by law.

13. Privacy

Your use of our services is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.

14. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and D&J Builders Surplus regarding your use of our services and supersede all prior agreements and understandings.

17. Contact Information

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

D&J Builders Surplus
3014 N. Interstate 35 E.
Lancaster, TX 75134
📧 info@djbuilderssurplus.com
📞 (972) 666-1422