Terms of Service

Welcome to Weiders Paint & Hardware ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of weiders.com (the "Site"), including any e-commerce purchases, service reservations, mail-in service submissions, custom laser engraving, account features, job applications, donation and sponsorship requests, and contact forms available through the Site (collectively, the "Services"). We operate a physical location in New York State at 166 West Main St, Honeoye Falls, NY (see our Locations page for all three stores).

By accessing or using the Site, creating an account, placing an order, booking a service, submitting a job application, submitting a donation or sponsorship request, submitting artwork, approving a design, or authorizing engraving services through the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

1. Eligibility and Minimum Age

The Site includes general content available to a broader audience alongside features that require you to be an adult.

1.1 Browsing the Site.

Visitors 13 years of age or older may browse the Site and view its content (for example, service information, merchandise listings, general pages, and the Engraving Design Studio's templates and tools) without creating an account or otherwise providing personal information.

1.2 Job Applications.

Individuals 13 years of age or older may submit a job application through the Site without creating an account. Some positions require a higher minimum age under New York or federal child labor law; where that applies, it will be noted in the specific job posting, and submitting an application does not guarantee eligibility for a given role.

1.3 Accounts, Purchases, Bookings, Mail-In Services, and Engraving Orders.

You must be at least 18 years old to create an account, log in, make a purchase, book a service, submit a mail-in service request, or submit, approve, or authorize an engraving order, or to use any other Site feature that requires registration or providing personal or payment information beyond a job application or donation request. If you are under 18, a parent or legal guardian must complete these actions on your behalf.

1.4 Donation and Sponsorship Requests.

Individuals 13 years of age or older may submit a donation or sponsorship request through the Site on behalf of an organization without creating an account.

1.5 Under 13.

The Site is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you are under 13, please do not create an account, submit a job application, submit a donation request, use the contact form, submit artwork, or otherwise provide personal information through the Site.

2. Accounts

Certain features — including viewing your in-store account activity, and reviewing past and current mail-in, in-store, and field service jobs — will require creating an account.

• You agree to provide accurate, current, and complete information and to keep it updated.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• Notify us promptly at privacy@weiders.com of any unauthorized use.
• We may suspend or terminate accounts that violate these Terms, are inactive for an extended period, or where we reasonably suspect fraud or misuse.
• One account per individual; account sharing or resale of account access is prohibited.

2.1 Weiders Connect.

Accounts are created and accessed through Weiders Connect, our customer identity and authentication platform, available at connect.weiders.com. Weiders Connect is designed to look and feel like a part of the main weiders.com experience, and is built on Amazon Web Services (AWS) infrastructure. When you create an account, your login credentials and related authentication information are processed and stored by Weiders Connect rather than directly on our other servers. Your use of Weiders Connect is governed by this Section 2 and our Privacy Policy. See Section 8 for text messages Weiders Connect may send you for identity verification purposes.

3. Products, Bookings, and Mail-In Services

3.1 Merchandise.

Product descriptions, images, and pricing are provided as accurately as possible but are not guaranteed error-free. We reserve the right to correct pricing or listing errors, cancel orders affected by such errors, and limit order quantities.

3.2 Reservations and Service Bookings.

Booking a service through the Site reserves an appointment subject to availability. Cancellations made less than 48 hours before a scheduled appointment may result in forfeiture of any non-refundable deposit paid at the time of booking. Service fees paid in advance are refundable unless otherwise noted at the time of booking. Custom laser engraving orders are governed instead by Section 4.8.

3.3 Mail-In Services.

If you ship an item to us for service:

• You are responsible for packaging the item appropriately and for shipping costs unless we state otherwise.
• Risk of loss during transit to us is governed by the carrier's terms; we recommend using a trackable, insured shipping method.
• Once received, we will log and document the item's condition and note any material defects or damage observed at intake.
• Risk of loss for damage caused solely by our handling while the item is in our possession is addressed in Section 13 (Limitation of Liability), subject to any repair/service-specific terms disclosed to you at intake.
• Return shipping: unless otherwise clearly stated to you at the time of order, you are responsible for shipping costs to us, and we are responsible for the cost of return shipping to you. We will insure items in transit based on the item's typical market value. Once an item is in the possession of the shipping courier (e.g., UPS, FedEx, or USPS), that courier is responsible for the risk of loss or damage while in transit, whether to us or back to you.

3.4 Payment.

We will accept the payment methods listed at checkout. Payments will be processed by our payment processor, Stripe, which has its own terms and privacy practices. We do not store full payment card numbers on our servers. All applicable New York sales tax will be added where required.

4. Custom Laser Engraving and Design Studio Services

This Section applies whenever you request or receive custom laser engraving or artwork services from us ("Engraving Services"), whether submitted in-store, through our online Engraving Design Studio, via a kiosk, or by any other means. This Section applies in addition to the rest of these Terms; where this Section addresses a topic more specifically than another part of these Terms, this Section controls for Engraving Services.

All engraving services are custom in nature.

4.1 Age Requirement.

Because authorizing Engraving Services is a custom order, the age requirement in Section 1.3 applies: you must be at least 18 to submit artwork, approve a design, place an order, or authorize engraving, or a parent or legal guardian must do so on your behalf. Consistent with Section 1.1, visitors 13 and older may browse the Engraving Design Studio's templates and merchandise; finalizing or authorizing an actual engraving order requires meeting this Section 4.1.

4.2 Customer-Provided Artwork; Ownership and Authorization.

You represent and warrant that any artwork, design, image, text, logo, or other material you provide, submit, approve, or request to be engraved ("Customer Artwork") is either your original work, or used with the explicit permission of the lawful rights holder, including all necessary licenses and consents. You further represent that our use of Customer Artwork for engraving purposes will not infringe any copyright, trademark, or other intellectual property right of any third party.

4.3 Prohibited Copyrighted Material.

You may not request engraving of: copyrighted or trademarked designs you do not own; logos, characters, brand marks, or protected artwork without authorization; or designs copied, traced, or substantially similar to protected works. We do not independently verify ownership or licensing of Customer Artwork and rely on your representations in Section 4.2.

4.4 License for Engraving Purposes.

By submitting or approving Customer Artwork, you grant us a limited, non-exclusive, royalty-free license to reproduce, modify, resize, and engrave the artwork solely to fulfill your requested Engraving Services. This license does not transfer ownership of the artwork to us.

4.5 Right to Refuse or Decline Service.

We reserve the absolute right, in our sole discretion, to refuse, cancel, or decline any engraving request or artwork submission without obligation to provide justification, including designs we determine to contain or involve: offensive, obscene, hateful, or discriminatory content; sexually explicit or pornographic material; violent, threatening, or illegal content; copyrighted or trademarked material lacking proper authorization; defamatory, misleading, or fraudulent content; or content otherwise inconsistent with our policies or values. No employee or technician is authorized to override this discretion.

4.6 Approval of Designs.

Your approval of artwork — whether written, electronic, verbal, or implied — constitutes acceptance of the design as-is for engraving. Once engraving has begun, changes or cancellations may not be possible.

4.7 Variations and Limitations of Engraving.

Due to material properties, laser processes, and surface variations, the final engraved product may differ from previews, samples, or expectations. Variations in size, depth, shading, alignment, or appearance are inherent to laser engraving and are not defects.

4.8 Sales, Refunds, and Cancellations for Engraved Items.

All engraved items are custom-made. Unless otherwise required by law: sales are final once engraving has begun; refunds or replacements are not available for customer-approved designs; and we are not responsible for errors in artwork you provided or approved. This Section 4.8 governs engraving orders in place of the general reservation terms in Section 3.2.

4.9 Indemnification for Customer Artwork.

In addition to Section 14 (Indemnification), you agree to defend, indemnify, and hold harmless the Company, its owners, employees, contractors, and agents from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys' fees) arising from your breach of this Section 4 or any allegation that Customer Artwork infringes or violates the rights of a third party.

5. Job Applications

You do not need to create an account to submit a job application, and applicants as young as 13 may apply, subject to Section 1.2 and any higher minimum age required for a specific position under applicable child labor law. Submitting a job application through the Careers pages does not guarantee an interview or offer of employment. Information you submit will be used for recruitment and hiring purposes as described in our Privacy Policy. Employment with the Company, if offered, is at-will unless a separate written agreement states otherwise, consistent with New York law.

6. Donation and Sponsorship Requests

Our Giving Back and Donation Request pages let organizations request a charitable donation or sponsorship. Submitting a request does not guarantee a donation — all requests are reviewed and decided on a case-by-case basis, in our sole discretion, and personal (non-organizational) requests are not accepted. By submitting a request, you certify that the information provided, including any 501(c)(3) determination letter you attach, is true and accurate. Information submitted is used solely to evaluate and respond to the request and is handled as described in our Privacy Policy.

7. Contact Forms and User Submissions

Any non-personal feedback, suggestions, or ideas you submit through our contact form may be used by us without obligation or compensation to you. Do not submit confidential information you expect us to keep secret through the contact form.

8. SMS/Text Messaging Communications

If you provide a mobile number to us or opt in through one of our services, we may send you text messages as described below. We do not send marketing or promotional text messages through any of these programs.

Store & Division Customer Service. Many of our store and division locations offer text-based customer service through a shared team inbox (powered by our messaging provider, Heymarket). If you text one of these numbers, a member of our team may respond with information or assistance regarding our products and services.

Order & Service Status Updates. If you share your phone number with us and request updates, we may text you regarding the status of your order or service (e.g., confirmations, progress updates, completion notices).

Identity Verification (Weiders Connect). When creating or accessing an account through Weiders Connect, our customer identity platform, you may be asked to agree to receive one-time verification codes by text. These messages are sent only when you sign up, log in, or take a sensitive action such as changing your personal information, and are infrequent by nature.

Opting Out. Reply STOP at any time to stop receiving further text messages, and HELP for help. Message and data rates may apply; message frequency varies based on your activity and the services you use. Carriers are not liable for delayed or undelivered messages. Consent to receive these text messages is not a condition of purchase.

9. Acceptable Use

You agree not to:

• use the Site for any unlawful purpose;
• attempt to gain unauthorized access to our systems or other users' accounts;
• interfere with the Site's operation (including via bots, scraping, or denial-of-service activity);
• upload malicious code; or
• misrepresent your identity or affiliation.

10. Intellectual Property

All trademarks, logos, text, graphics, and other content on the Site (excluding third-party content described in Section 11, and excluding Customer Artwork governed by Section 4) are owned by or licensed to the Company and protected by intellectual property law. You may not reproduce, distribute, or create derivative works from Site content without our written permission, except as necessary to use the Services as intended.

11. Third-Party Links and Embedded Content

The Site may include embedded content from third parties (for example, YouTube videos), our online shop partners (Ace Hardware and our Brighton store's own shop subdomain), and links to third-party websites. We do not control and are not responsible for third-party content, terms, or privacy practices. Use of embedded or linked third-party content is subject to that third party's own terms.

12. Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. We do not warrant that the Site will be uninterrupted, secure, or error-free.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES — INCLUDING, FOR ENGRAVING SERVICES, CLAIMS RELATED TO ARTWORK CONTENT OR CUSTOMER-SUPPLIED MATERIALS. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $100.

This limitation does not apply to liability that cannot be limited under applicable law (e.g., liability for our gross negligence, willful misconduct, or personal injury caused by our negligence at a physical location, where applicable).

14. Indemnification

You agree to indemnify and hold harmless the Company from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms or misuse of the Services. Section 4.9 provides additional, engraving-specific indemnification obligations.

15. Dispute Resolution — Binding Arbitration and Class Action Waiver

Please read this section carefully — it affects your legal rights.

15.1 Agreement to Arbitrate.

Except as set out below, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (including Engraving Services) will be resolved by binding, individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small claims court.

15.2 Class Action and Jury Trial Waiver.

You and the Company each waive the right to a jury trial and to participate in a class action, collective action, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a class or representative proceeding.

15.3 Right to Opt Out.

You may opt out of this arbitration agreement by sending written notice, within 30 days of first accepting these Terms (e.g., creating an account, making your first purchase, or first authorizing an engraving order), by either:

• email to legal@weiders.com; or
• mail to Weiders Paint & Hardware, Attn: Legal, 166 West Main St, Honeoye Falls, NY.

Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other part of these Terms.

15.4 Exceptions.

Notwithstanding the above, either party may bring an individual action in court to (a) enforce intellectual property rights, or (b) seek injunctive relief for misuse of the Site.

15.5 Severability of Waiver.

If the class action waiver in Section 15.2 is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court rather than in arbitration, and the remainder of this Section 15 will remain in effect.

15.6 Fees.

Arbitration fees and procedures will follow the AAA Consumer Arbitration Rules, which include provisions to reduce cost for individual consumers.

16. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. For any dispute not subject to arbitration under Section 15, the state and federal courts located in Monroe County, New York will have exclusive jurisdiction, and you consent to personal jurisdiction there.

17. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a new "Effective Date." Continued use of the Site after changes take effect constitutes acceptance of the updated Terms.

18. Termination

We may suspend or terminate your access to the Site or Services at any time, with or without cause. Sections that by their nature should survive termination — including Sections 4 (Custom Laser Engraving and Design Studio Services), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Dispute Resolution), and 16 (Governing Law) — will survive.

19. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign these Terms without our written consent; we may assign them freely. These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Site.

20. Contact Us

Weiders Paint & Hardware
166 West Main St, Honeoye Falls, NY
(585) 563-2369
legal@weiders.com