LEGAL · TERMS OF SERVICE

Terms of Service

Effective Date: May 1, 2026·Last Updated: May 1, 2026

These Terms of Service (the "Terms") govern your access to and use of the website, online catalog, accounts, and ordering services made available by COMEX Design ("COMEX Design," "we," "us," or "our") at comex-design.com and any related subdomains (collectively, the "Service"). Please read these Terms carefully before using the Service or placing an order.

By accessing the Service, creating an account, or placing an order, you represent that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not use the Service.

Important Notice

These Terms contain a binding individual arbitration agreement and a waiver of class actions. Please review Section 18 carefully. You may opt out of the arbitration agreement within 30 days of first acceptance.

A Spanish-language version of these Terms of Service is provided for the convenience of our customers. In the event of any conflict or inconsistency between the English and Spanish versions, the English version shall control.

01.Acceptance of These Terms

These Terms constitute a binding legal agreement between you and COMEX Design. By using the Service, you represent and warrant that (a) you are at least eighteen (18) years of age, (b) you are a resident of the United States, (c) you have the legal capacity to enter into a binding contract, and (d) you are not barred from receiving the Service under the laws of the United States or any other applicable jurisdiction.

We may modify these Terms from time to time as described in Section 19. Your continued use of the Service following any modification constitutes your acceptance of the revised Terms.

02.Accounts and Account Security

You may browse portions of the Service without registering, but creating an account is required to place orders, access order history, and use certain features. When you create an account, you agree to provide accurate, current, and complete information, and to keep that information up to date.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify us immediately at the contact details below if you become aware of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to comply with this Section. Each individual may maintain only one account.

03.Eligibility

The Service is offered solely to residents of the fifty United States and the District of Columbia who are at least eighteen (18) years of age. We do not knowingly accept orders from minors or from individuals located outside the United States. We reserve the right to refuse service, terminate accounts, or cancel orders that we determine, in our sole discretion, are placed by ineligible persons.

04.Products and Pricing

We sell ready-to-install kitchen cabinets and related items. The Service does not include professional design, measurement, demolition, plumbing, electrical, or installation services, and any such services must be arranged separately by you with qualified third-party providers.

All prices are stated in United States dollars (USD) and are exclusive of applicable taxes, shipping, and handling unless otherwise expressly noted. Prices are subject to change at any time prior to our acceptance of your order in accordance with Section 6. Promotional prices apply only to qualifying orders placed within the stated promotional period.

We offer tiered pricing through the following customer classifications: "individual" (the default for retail consumers), "dealer," and "VIP dealer." Dealer and VIP dealer pricing is available only to applicants who satisfy our verification requirements, including without limitation submission of a valid resale certificate, business documentation, and any additional information we may request. We may approve, decline, suspend, or revoke tier eligibility at any time and in our sole discretion.

Cabinet finishes, wood grain, and color may vary naturally between production runs and between samples and finished products. On-screen representations of color and finish are approximations and may differ from the physical product due to monitor calibration, lighting, and similar factors. Such variations are inherent to the materials and do not constitute defects.

05.Order Acceptance and Cancellation

Your submission of an order through the Service constitutes an offer to purchase the products described in the order, subject to these Terms. Our acknowledgment of receipt of an order does not constitute acceptance. A binding contract is formed only when we send you a written order acceptance or ship the products, whichever occurs first.

We reserve the right, in our sole discretion and without liability, to refuse, limit, or cancel any order, including without limitation orders that appear to be placed by resellers (other than approved dealers and VIP dealers), orders that contain pricing or product errors, orders that we are unable to fulfill due to inventory or shipping constraints, and orders that we suspect involve fraud or violation of these Terms. If we cancel an order after payment has been authorized, we will refund any amounts charged.

06.Payments

Payments are processed by Stripe, Inc. ("Stripe") on our behalf. By submitting an order, you authorize us, through Stripe, to charge the payment method you provide for the total amount of the order, including the product price, applicable taxes, shipping, and any other charges shown at checkout. We do not store your full payment-card number; please review our Privacy Policy for additional details.

Your use of Stripe is also subject to Stripe's own terms of service and privacy policy, which are independent of these Terms.

07.Sales Tax

We collect Texas state and local sales tax at the rate of 8.25% on orders shipped to addresses within the State of Texas. We collect sales tax in other jurisdictions where we have an obligation to do so under applicable law (including economic-nexus laws). Tax is calculated on the order subtotal after any discounts and is added to your order at checkout. You are responsible for any use, excise, or similar tax that may be owed in your jurisdiction but is not collected by us.

08.Shipping and Delivery

Shipping rates are calculated on a per-cabinet basis and are displayed at checkout. Some destinations, oversized items, or specialty deliveries (including "white-glove" service) require a manual quotation, which we will provide before payment is collected.

Title to and risk of loss for the products pass to you upon delivery to the carrier-designated delivery point at your shipping address (FOB destination). Estimated delivery dates are provided in good faith but are not guarantees, and we are not liable for delays caused by carriers, weather, force majeure events, or other circumstances beyond our reasonable control.

You are responsible for inspecting your shipment promptly upon delivery. Any visible damage, missing items, or shipping discrepancies must be noted on the carrier's delivery receipt at the time of delivery and reported to us in writing, with photographs, within forty-eight (48) hours of delivery. Failure to report visible damage within this period may, to the extent permitted by law, limit your remedies under our shipping-damage policy.

09.Returns and Refunds

We accept returns of unopened, undamaged, non-custom cabinets in their original packaging within thirty (30) days of delivery, subject to the following conditions: you must obtain a return authorization from us before shipping; you are responsible for return shipping costs; and a restocking fee of up to twenty percent (20%) of the product price may apply to cover handling and inspection.

Cabinets that have been installed, modified, painted, or otherwise altered are not eligible for return. Custom orders, special orders, and clearance items are non-refundable except as required by applicable law.

Damage discovered upon delivery must be handled under Section 8 (Shipping and Delivery) rather than under this Section.

Approved refunds are issued to the original payment method within ten (10) business days after we receive and inspect the returned merchandise. Shipping and handling charges are non-refundable except where the return results from our error.

10.Limited Warranty

We warrant to the original purchaser that our cabinets will be free from material defects in materials and workmanship under normal residential use for a period of one (1) year from the date of delivery (the "Warranty Period"). Your sole and exclusive remedy under this limited warranty, and our sole obligation, is at our election to repair, replace, or refund the purchase price of any cabinet found to be defective during the Warranty Period.

This limited warranty does not cover, and we will have no liability for, defects or damage caused by: (a) improper installation, including failure to use a qualified installer; (b) modification, alteration, or repair by anyone other than us or a person we authorize in writing; (c) improper storage, handling, or environmental conditions (including excessive humidity, water exposure, or extreme temperatures); (d) ordinary wear and tear; (e) cosmetic variations inherent to natural materials; or (f) misuse, abuse, accident, or neglect.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITED WARRANTY SET FORTH IN THIS SECTION IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND COMEX DESIGN HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING, AND USAGE OF TRADE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU; IN SUCH STATES, ANY IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THE EXPRESS LIMITED WARRANTY ABOVE.

11.Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMEX DESIGN, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL EVENTS, OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE PRODUCTS OR THE ORDER IN QUESTION WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THAT ORDER.

Nothing in these Terms is intended to exclude or limit liability that cannot be excluded or limited under applicable law, including without limitation liability for fraud, willful misconduct, gross negligence, or personal injury caused by negligence. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the foregoing limitations may not apply to you.

12.Indemnification

You agree to indemnify, defend, and hold harmless COMEX Design and its affiliates, and their respective officers, directors, employees, agents, and successors, from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your misuse of the Service or the products; (c) your violation of any applicable law or the rights of any third party, including intellectual-property rights; or (d) any content you submit to the Service. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

13.Intellectual Property

All content available through the Service, including without limitation text, graphics, photographs, illustrations, product names, logos, trademarks, layouts, software, and the selection and arrangement thereof, is owned by COMEX Design or its licensors and is protected by United States and international copyright, trademark, and other intellectual-property laws. Except as expressly authorized, you may not copy, reproduce, distribute, modify, publicly display, publicly perform, scrape, mirror, or create derivative works from any portion of the Service.

If you submit reviews, photographs, comments, or other content to the Service ("User Content"), you grant COMEX Design a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media for any purpose related to the Service or our business. You represent and warrant that you own or otherwise have the necessary rights to grant this license and that your User Content does not violate any law or third-party right.

14.Acceptable Use

You agree not to: (a) use the Service for any unlawful, fraudulent, or abusive purpose; (b) interfere with or disrupt the Service or the servers and networks connected to the Service; (c) attempt to gain unauthorized access to any portion of the Service or to any account or system; (d) probe, scan, or test the vulnerability of the Service without our prior written authorization; (e) use any automated system, including without limitation robots, spiders, scrapers, or offline readers, to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period; or (f) impersonate any person or entity or misrepresent your affiliation with any person or entity.

15.Third-Party Services

The Service relies on third-party providers, including without limitation Stripe (payment processing), Vercel (hosting and analytics), Supabase (database hosting), and various shipping and freight carriers. Your use of those third-party services may be subject to their own terms and privacy policies, which are independent of these Terms. We are not responsible for the acts or omissions of these third parties or for content, products, or services they provide, except to the extent required by law.

16.Suspension and Termination

We may, in our sole discretion, suspend or terminate your access to the Service or any portion of it, with or without notice, if we believe that you have breached these Terms, that your use of the Service poses a risk to us or to other users, or that termination is required to comply with a legal obligation. You may terminate your account at any time by contacting us. Sections of these Terms that by their nature should survive termination will survive, including without limitation the warranty disclaimers, limitation of liability, indemnification, dispute-resolution, and governing-law provisions.

17.Governing Law, Dispute Resolution, and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND COMEX DESIGN TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND CONTAINS A WAIVER OF CLASS ACTIONS AND JURY TRIALS.

Governing Law and Venue

These Terms and any dispute arising out of or relating to them, the Service, or the products are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles, and by applicable federal laws of the United States. Subject to the arbitration agreement below, any judicial action permitted under these Terms (including, without limitation, an action to compel arbitration, to enforce an arbitration award, or to seek injunctive relief in aid of arbitration) must be brought exclusively in the state or federal courts located in Harris County, Texas, and you and we consent to the personal jurisdiction of those courts.

Informal Resolution

Before initiating arbitration, you and we agree to attempt to resolve the dispute informally. You agree to send us a written notice of dispute by email to the address listed at the end of these Terms describing the nature and basis of the claim and the relief sought. If we are unable to resolve the dispute within sixty (60) days after we receive your notice, either party may proceed to arbitration as set forth below.

Binding Individual Arbitration

Except as provided in the carve-outs below, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the products (a "Dispute") will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under the AAA's Consumer Arbitration Rules then in effect, as modified by these Terms. The arbitration will be conducted in the English language, and the seat and place of the arbitration will be Harris County, Texas, unless you and we agree otherwise. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this arbitration agreement.

Class Action Waiver

YOU AND COMEX DESIGN AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF THIS CLASS ACTION WAIVER IS HELD UNENFORCEABLE WITH RESPECT TO ANY CLAIM, THAT CLAIM SHALL BE SEVERED FROM THE ARBITRATION AND HEARD IN COURT, WHILE THE REMAINING CLAIMS WILL CONTINUE IN ARBITRATION.

Carve-Outs

Notwithstanding the foregoing, either party may bring an individual action in small-claims court for any Dispute that qualifies for that court's jurisdiction. Either party may also seek temporary or preliminary injunctive relief in court to prevent the actual or threatened infringement, misappropriation, or violation of the moving party's intellectual-property rights or to prevent unauthorized access to the Service.

30-Day Right to Opt Out

You have the right to opt out of this arbitration agreement and class-action waiver. To opt out, you must send written notice of your decision by email to accounts@comex-design.com or by mail to our headquarters address listed at the end of these Terms within thirty (30) days of the date you first accept these Terms (or, for existing customers, within thirty (30) days of the effective date of this version). Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

Jury Waiver

TO THE EXTENT A DISPUTE IS NOT SUBJECT TO ARBITRATION OR PROCEEDS IN COURT, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR THE PRODUCTS.

18.Changes to These Terms

We may modify these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of this document and, where appropriate, provide additional notice of material changes. Your continued use of the Service after the effective date of an updated version constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the Service.

19.Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any order acceptances we issue to you, constitute the entire agreement between you and COMEX Design with respect to the Service and the products and supersede all prior or contemporaneous understandings, communications, and agreements, whether oral or written, on the same subject.

Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, it will be severed, and the remaining provisions of these Terms will continue in full force and effect.

Assignment

You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. We may assign these Terms in our sole discretion, including in connection with a merger, acquisition, financing, reorganization, or sale of all or a portion of our assets. Any purported assignment in violation of this Section is void.

Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision. Any waiver must be in writing and signed by an authorized representative of COMEX Design.

Notices

We may provide notices to you by email to the address associated with your account, by posting on the Service, or by other reasonable means. You must provide notices to us in writing using the contact details set forth at the end of these Terms.

Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, governmental action, labor disputes, supplier failures, internet or utility outages, epidemics, or natural disasters.

20.Contact Us

Questions about these Terms, requests for clarification, and arbitration opt-out notices may be sent using the contact details below.

Contact COMEX Design

For questions about these Terms, returns, warranty claims, dispute notices, or arbitration opt-out, please contact us using any of the channels below.

Email: accounts@comex-design.com
Telephone: +1 (713) 924-7388
Mailing Address: COMEX Design United States