Terms and Conditions

DAECO'S TERMS & CONDITIONS DAECO PAINTING will arrange for the Products to be made available for delivery to your specified location. E-Commerce  For Products other than E-Commerce Orders, delivery will occur on the date and time scheduled by DAECO, via email or phone, unless you call to cancel your order as set forth in Section 4(a); however, it is your responsibility to monitor the status of your order. You are responsible for being present at the specified delivery location at the time of delivery. If you are not present at the delivery location, DAECO may leave the Products at your delivery location unless explicitly instructed by you not to do so, THERE ARE NO RETURNS. In that case, we will call you to reschedule your delivery, and if we cannot reach you, we will leave the order as promised. 4. You warrant that either you or your representative shall have the right to accept delivery of your order, are at least 18 years of age or older, and upon request, will provide (i) a signature acknowledging receipt of your order, (ii) appropriate identification, and (iii) a copy of your order confirmation email. You acknowledge that you will be responsible for re-ordering any items that are returned to us as undeliverables. Title and risk of loss for the Products pass to you upon our transfer of the Products to you, via delivery, and they are not E-Commerce Orders, title and risk of loss of the Products shall pass upon delivery to the address you specified, regardless of whether you receive the delivery in-person or the Products are left at your delivery address. The time of delivery is not of the essence, and DAECO shall not be liable or responsible for any costs, charges, expenses, damages or for any penalty, liquidated or otherwise, for late or delayed delivery. All delivery dates, including any delivery dates specified in your order confirmation email, are approximate and are not guaranteed. For orders other than E-Commerce Orders, 

These terms and conditions outline the rules and regulations for the use of DAECO's Website.DAECO's headquarters is located at:4301 Clayton St, Denver COLORADO - 80216 suits B / By accessing this Website we assume you accept these terms and conditions in full. Do not continue to use Guiry's Website if you do not accept all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and any or all Agreements: “Client,” “You” and “Your” refers to you, the person accessing this Website and accepting the Company’s terms and conditions. “The Company,” “Ourselves,” “We,” “Our,” and “Us” refers to our Company. “Party,” “Parties,” or “Us,” refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same. 

Effective date: 5/10/2021

These Online Terms and Conditions of Sale (these “Terms & Conditions” ) govern the online purchase of any paints, stains, finishes, coatings, painting tools, applicators, supplies, varnishes, wallpaper, and other goods and services (collectively, “Products” ) by you from The Sherwin-Williams Company (together with its successors, affiliates and subsidiaries, collectively, “DAECO PAINTING”) in the United States using any website, portal, or online service that posts these Terms & Conditions (collectively the "Website"). In these Terms & Conditions, “you” and “your” refers to the individual or entity who has ordered Products from Sherwin-Williams (“we”, “us”, “our”).

PLEASE READ CAREFULLY -- In these Terms & Conditions, you will waive or give up certain legal rights and agree to certain limitations of liability and exclusions of damages. These Terms & Conditions require you to use arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. If you do not agree with these Terms & Conditions, do not order any Products using the Website.

1. BINDING AGREEMENT. If you order any Products using the Website, or if you pick up, accept delivery of, pay for or use any Products that you have ordered from the Website, then you have agreed to accept and be legally bound by these Terms & Conditions and the Website Terms of Use and Privacy Policy. However, if you have entered into a written supply agreement that has been executed and delivered by you and an authorized representative of DAECO PAINTING (“Supply Agreement”), that agreement will supersede these Terms & Conditions to the extent of any conflict with these Terms & Conditions, or the Website Terms of Use and Privacy Policy. Absent such a Supply Agreement, these Terms & Conditions, along with the provisions, if any, contained in the applicable DAECO PAINTING order confirmation email, and our Website Terms of Use and Privacy Policy, constitute the final, entire and exclusive agreement between you and DAECO PAINTING concerning the sale of Products by Sherwin-Williams to you. These Terms & Conditions, together with the Website Terms of Use and Privacy Policy, supersede all prior oral and written agreements and understandings (whether express or implied, including those implied by law or through the usage of trade). In particular, no course of prior dealings between the parties and no usage of trade will be relevant in determining the meaning of this agreement. In the event of a conflict between the Terms & Conditions and the Website Terms of Use, any express terms of these Terms & Conditions will prevail with respect to Products (including, without limitation, sale and delivery).
2. AMENDMENTS AND CHANGES. We may supplement these Terms & Conditions by posting additional terms, such as Product-specific terms and terms of special offers, (“Additional Terms”) on the Website. In the event of a conflict between the Terms & Conditions and applicable Additional Terms, any express terms of the Additional Terms will prevail. Any attempted modification or amendment of these Terms & Conditions by you (whether by means of a purchase order or other form or document), other than as part of a Supply Agreement, is hereby rejected. No waiver, alteration or modification of these Terms & Conditions shall be binding on DAECO PAINTING unless made in writing and signed by an authorized representative of DAECO PAINTING. These Terms & Conditions, and the Website Terms of Use and Privacy Policy, are subject to prospective change by Sherwin-Williams, in our sole discretion, except that the Terms & Conditions, Terms of Use and Privacy Policy posted on the Website at the time you place an order will govern the order in question. You agree that posting of revised versions on the Website is sufficient notice of any changes. You should review the Terms & Conditions and other Website terms, policies, and notices prior to each time you purchase any Product that is available through the Website and your use of the Website will constitute your acceptance of and agreement to the then current version of the Terms & Conditions.
3. PRODUCT ORDERS. Not all products listed on the Website are available for purchase in all jurisdictions in which we operate our location In addition, DAECO PAINTING cannot guaranty that Products shown on the Website as in stock are available for immediate shipping, pick up, or delivery, or otherwise available, at all times. Applicable law in some jurisdictions limits the quantities of some Products that you may purchase or requires that you provide proof of identity or age in order to make a purchase. If so, such requirements are a condition of purchase and/or delivery. You agree that your order is an offer to buy, under these Terms & Conditions, all Products that you have selected, added to your cart, and that are listed in your online order. We reserve the right to reject any offer and our acceptance is subject to and conditioned upon your payment in full, fulfillment of any applicable legal requirements (e.g., age verification), your agreement to be legally bound by these Terms & Conditions, and our confirmation as set forth in the next section. We may choose not to accept any orders in our sole discretion. We require that all purchases of Products be made by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live).
4. ORDER CONFIRMATION AND CANCELLATION.
   (a) Confirmation. For orders which are to be picked delivered, we will send you an order confirmation e-mail after we receive your online order with your order number, a description of the Products you have ordered, the location of the Retail Store where you can pick up the Products you have ordered online, or information on your selected delivery option, if applicable. Acceptance of your order and the formation of the contract of sale between DAECO PAINTING and you will not take place until the servicing DAECO PAINTING reviews and processes your order.
   For orders which are to be shipped directly to the shipping address you supply (“E-Commerce Orders”), we will send you an order confirmation email after we have received your online order with your order number, a description of the Products you have ordered, and your shipping and billing addresses. Except as otherwise specified below, all E-Commerce Orders are final at the time your payment is accepted online and there are no returns or refunds.
   (b) Cancelation, ALL SALES ARE FINAL. Delivery Delays and Redelivery. With the exception of orders for tinted Products, special orders (“Custom Orders”), E-Commerce Orders, or as otherwise set forth in any applicable Additional Terms, you have the option to cancel your order at any time prior to receipt of delivery window confirmation, which you will receive either via (i) phone call from us, (ii) text to the phone number you provided at checkout, or (iii) email, by calling DAECO PAINTING and notifying us of your intent to cancel your order. E-Commerce Orders and Custom Orders cannot be canceled by you once the order is placed online. You agree that we may cancel any online order at any time, even if it has been accepted by DAECO PAINTING and even if you have received an email order confirmation, if: (i) we believe that the order violates applicable law, including any law that requires proof of identity or age in order to purchase a particular Product or laws limiting the sale of certain products in defined jurisdictions; (ii) we discover an error related to your order or if we are not able to fill the order, including E-Commerce Orders, to the specifications (e.g., quantity, size, color, sheen, and/or base) you have selected (in which case, we may contact you and offer an alternative, but are not obligated to do so except as required by applicable law); or (iii) if you have not picked up scheduled delivery, or received delivery of the Product after the delivery attempt, if applicable, within fourteen (3) days after the date of your order. We are not responsible for what happens to the products once delivered. It is the responsibility of you the customer to secure your deliveries.  With the exception of E-Commerce Orders, if we are unable to make available for pick up or deliver Products within 30 days, we will provide you notice with an estimate of when the Products will be available and permit you to elect a refund or to accept delayed delivery. Refunds and cancelation of credit hold for canceled orders will be as set forth.
   (c) Custom Orders. Custom Orders cannot be canceled by you and must be scheduled for delivery. If a Custom Order is not delivered within A 3 DAY period, DAECO may: (i) cancel all or any part of your online order; (ii) charge your Account for the full amount of the Products that are Custom Order (including all taxes and fees associated with such Custom Order); and (iii) dispose of such Custom Order Products as DAECO PAINTING deems fit, in its sole and absolute discretion. You agree to pay for all Products that are Custom Orders in full in accordance with these Terms & Conditions. E-Commerce Orders are not Custom Orders.
5. PRICES AND TAXES. The price charged for a Product, and applicable fees, will be the price and fees in effect at the time your order is placed and will be specified during the checkout process and in your order confirmation e-mail. There is a CC transaction fee only.
6. TERMS OF PAYMENT. Your credit card, or, for professional customers, your DAECOPAINTING credit account (“Account”) will be authorized for the full amount of the sale when the online checkout process is completed. We accept VISA, MasterCard, and American Express for all online purchases; If you use a credit card to order Products from this website, you must use a U.S. credit card with U.S. billing and shipping addresses. DAECO PAINTING will only deliver to addresses located in the U.S. You represent and warrant, at the time your online order is placed and at the time the Products are picked up in our Retail Store or delivered to your selected location, that (a) the credit card or DAECO PAINTING credit account information you provided to us is true, correct, current and complete; (b) you are duly authorized to use such credit card or DAECO PAINTING credit account for the purchase of Products from us; and (c) you will pay charges incurred by you in connection with your purchase of the Products at the prices specified in our order confirmation email, or, in the case of taxes and non-tax state or territory fees, as specified at the Retail Store at the time of pick up or as indicated based on your delivery location. If for any reason we are unable to process your payment, we reserve the right to cancel your order.
7. DELIVERY, TITLE, AND RISK OF LOSS. DAECO PAINTING will arrange for the Products to be made available for delivery to your specified location. E-Commerce  For Products other than E-Commerce Orders, delivery will occur on the date and time scheduled by DAECO, via email or phone, unless you call to cancel your order as set forth in Section 4(a); however, it is your responsibility to monitor the status of your order. You are responsible for being present at the specified delivery location at the time of delivery. If you are not present at the delivery location, DAECO may leave the Products at your delivery location unless explicitly instructed by you not to do so, THERE ARE NO RETURNS. In that case, we will call you to reschedule your delivery, and if we cannot reach you, we will leave the order as promised. 4. You warrant that either you or your representative shall have the right to accept delivery of your order, are at least 18 years of age or older, and upon request, will provide (i) a signature acknowledging receipt of your order, (ii) appropriate identification, and (iii) a copy of your order confirmation email. You acknowledge that you will be responsible for re-ordering any items that are returned to us as undeliverable. Title and risk of loss for the Products pass to you upon our transfer of the Products to you, via delivery, and they are not E-Commerce Orders, title and risk of loss of the Products shall pass upon delivery to the address you specified, regardless of whether you receive the delivery in-person or the Products are left at your delivery address. The time of delivery is not of the essence, and DAECO shall not be liable or responsible for any costs, charges, expenses, damages or for any penalty, liquidated or otherwise, for late or delayed delivery. All delivery dates, including any delivery dates specified in your order confirmation email, are approximate and are not guaranteed. For orders other than E-Commerce Orders, 
8. PRODUCTS RETURNED FOR CREDIT. DAECO will not reimburse you for any expenses associated with the return of a delivery order. YOU ACKNOWLEDGE AND AGREE THAT E-COMMERCE ORDERS AND CUSTOM ORDER PRODUCTS, INCLUDING, WITHOUT LIMITATION THOSE PRODUCTS THAT ARE MANUFACTURED OR MIXED TO YOUR PARTICULAR SPECIFICATIONS USING OUR ONLINE TOOLS, CANNOT BE RETURNED OR REFUNDED. ALL SALES ARE FINAL AND THERE ARE NO REFUNDS

A. Procedure for repoarting intellectual property infringment:

It is our policy to (1) block access to or remove any content (including, without limitation, text, graphics, and photos) (collectively, "Content") that it believes in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice; and (2) remove and discontinue service to repeat infringers.

If you believe that Content residing on or accessible through the website constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send a notice of infringement containing the following information to the Designated Agent listed below:

1. Identification of the copyrighted work or other intellectual property that you claim has been infringed on or through the website, including the registration number(s) for any such material if applicable;

2. Identification of the Content that you claim has infringed on the identified copyrighted work or other intellectual property, including (a) a description of how the material in question is using the copyrighted work or other intellectual property in a way that constitutes infringement, and (b) a description of where the material in question is located on or in the website, with sufficient detail that we may verify the existence of the material within the website;

3. Your contact information, including your full name, mailing address, telephone number, and email address;

4. A statement by you that you have a good faith belief that the disputed use of the copyrighted work or other intellectual property is not authorized by the copyright holder, its agents, or the law;

5. A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the rights holder or are authorized to act on behalf of the rights holder; and

6. An electronic or physical signature of the person authorized to act on behalf of the rights holder.

B.Once proper bona fide infringement notifvation is receiver by the designated agent:

It is our policy to remove or disable access to the allegedly-infringing Content.

C. Procedure to suppya counter-notice to the designated agant:

If we believe that the Content that was removed or to which access was disabled is either not infringing, or we believe that we have the right to post and use such Content from the rights owner, the owner's agent, or pursuant to the law (including as a fair use), we will send a counter-notice containing the following information to the Designated Agent listed below:

1. Identification of the Content that has been removed or disabled, including a description of the where the material in question appeared on the website before it was removed or disabled;

2. A statement by us, made under penalty of perjury, that we have a good faith belief that the Content was removed or blocked as a result of a mistake or misidentification of the Content in question;

3. Our contact information, including full name, mailing address, telephone number, and email address;

4. A statement by us that we consent to the jurisdiction of the Federal Court for the judicial district in which our address is located;

5. Our electronic or physical signature.

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that party that we may replace the removed Content or cease disabling it in 10 business days. Unless the rights owner files an action seeking a court order against the member, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.