BuyEpifanes.com – Terms & Conditions / Terms of Service

Owned and operated by Specialty Marine Solutions, Inc.

By accessing or using BuyEpifanes.com (“Site”), you agree to the terms and conditions in this Agreement. If you do not agree, please discontinue use of the Site.

1. Overview

These terms govern your use of BuyEpifanes.com, an online information service and store operated by Specialty Marine Solutions, Inc. (“BuyEpifanes.com,” “BuyEpifanes,” “we,” “our,” “us”). By using this Site, you consent to all terms herein.

2. Copyright & Intellectual Property

All content on this Site—including text, graphics, logos, layout, images, product photos, custom artwork, color combinations, icons, audio clips, and software—is the property of BuyEpifanes.com or its content suppliers and is protected by U.S. and international copyright laws.

The compilation, arrangement, and presentation of all content is the exclusive property of BuyEpifanes.com.

This Agreement does not transfer any rights to you. No license or permission is granted except as explicitly stated.

DMCA Enforcement & Prohibited Use of Artwork

All images, graphics, product photos, custom artwork, and visual content displayed on BuyEpifanes.com are protected intellectual property. Unauthorized copying, lifting, reproducing, modifying, distributing, or using any of our artwork or visual assets is strictly prohibited.

We actively monitor for infringement and will file DMCA takedown notices with web hosts, marketplace platforms, or service providers when unauthorized use is detected. We reserve the right to pursue legal remedies, including damages, lost revenue, and legal costs. Intellectual property theft will not be tolerated.

For copyright infringement claims, please refer to the Copyright Infringement section below.

3. Trademarks

All trademarks referenced on this Site belong to their respective owners. Contact those companies for registration details.

4. Use of Content & Linking

You may download, view, copy, and print Content solely for personal informational use.

Linking to our home page is permitted only under strict conditions listed in the original policy (Qualified Site, no framing, no deep linking, no endorsement implication, no objectionable content, etc.). We may revoke linking permission at any time.

Any other use—including reproduction, modification, distribution, transmission, republication, display, or performance—is strictly prohibited without written permission.

5. Prohibited Conduct

You may not:

• Send unsolicited commercial email (spam)

• Modify or alter Site content

• Interfere with Site functionality

• Use the Site in violation of any laws

• Use robots, spiders, or scraping tools

• Use BuyEpifanes.com trademarks without permission

6. External Links & Third‑Party Content

We are not responsible for third‑party sites, content, products, or services linked from our Site. Use them at your own risk.

7. Reviews, Forums & User Contributions

Reviews are collected via Yotpo’s post‑purchase system. Contributions must follow Site policies and may not contain advertising. We may monitor or remove content but are not obligated to do so.

8. Special Legal Considerations

You must have legal authority to use this Site. We may cooperate with law enforcement and disclose information pursuant to our Privacy Statement.

9. Disclaimer

The Site and all content, materials, products, and services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non‑infringement, accuracy, and security.

Use of downloaded content is at your own risk.

10. Price & Availability

Prices may change without notice due to fluctuations in global commodity markets.

11. Misprints & Errors

We reserve the right to correct errors and refuse or cancel orders placed at incorrect prices. If your card has been charged, we will issue a credit for the incorrect amount.

12. Sales Tax

Sales tax is collected for states where required. Valid resale certificates must be on file to exempt tax.

13. Right to Refuse Service or Shipment

We reserve the right to refuse or cancel any order or shipment at our sole discretion, including but not limited to suspected fraud, abusive behavior, unsafe shipping conditions, regulatory restrictions, or orders exceeding practical shipping limits. If an order is refused before shipment, charges for unshipped items will be refunded. Once shipped, all standard policies apply.

14. Shipping Terms

Carrier selection is at our discretion for discounted shipping promotions.

Restricted Locations (HAZMAT)

We cannot ship paint or HAZMAT products to Hawaii, Alaska, U.S. Territories, or certain island destinations due to carrier restrictions and prohibitive costs.

Customers may ship to a freight forwarder in the continental U.S. at their own arrangement.

Canadian Shipments

Shipping charges at checkout cover transportation only. Taxes, duties, tariffs, brokerage fees, and import charges are not included and are not known to us in advance. These fees may exceed a significant percentage of the purchase price and must be paid by the customer upon delivery.

If a shipment is refused or returned due to non‑payment of import charges, the customer remains responsible for the full product cost. Carriers may return, abandon, or destroy refused HAZMAT shipments. Shipping and carrier fees are non‑refundable.

International shipments require an additional 1–2 business days for processing.

15. Returns & Refunds

Non‑returnable items include:

• HAZMAT products (paint, varnish, thinners, coatings)

• Custom‑tinted paints

• Used, opened, or partially consumed materials

• Items marked non‑returnable

• Bulk quantities or multiples of the same SKU (treated as special orders)

Customers must confirm quantities, colors, and suitability before ordering.

16. Custom Color Paints & Color Matching Limitations

Custom‑tinted Epifanes paints are approximations of other brands’ colors and will never be exact matches. Variations in shade, hue, saturation, and finish are inherent. Each batch may differ slightly.

Custom colors are final sale and non‑returnable. We are not responsible for dissatisfaction, labor costs, delays, or damages resulting from color differences. Our liability is limited to refund or replacement at our discretion.

17. Product Suitability

Local codes and regulations vary. Customers must ensure products comply with local requirements. We are not responsible for improper installation or use.

18. Modifications to Site or Agreement

We may update the Site or these terms at any time. Continued use constitutes acceptance.

19. Limitation of Liability

We are not liable for direct, indirect, incidental, punitive, or consequential damages arising from use of the Site or products.

Product Liability Limitations

We are not responsible for damages resulting from product failure, misuse, improper application, or storage. Our maximum liability is limited to refund or replacement of the product only. We do not cover labor, consequential damages, loss of use, or project costs.

20. Indemnification

You agree to indemnify and hold BuyEpifanes.com harmless from claims arising from:

• Use of the Site

• Misuse of products

• Improper application

• Violation of manufacturer instructions

• HAZMAT shipping violations

• Color‑matching disputes

• Any breach of this Agreement

21. Copyright Infringement (DMCA)

To report infringement, submit a DMCA notice containing:

• Signature

• Identification of copyrighted work

• Identification of infringing material

• Contact information

• Good‑faith statement

• Accuracy statement under penalty of perjury

We will remove or disable access to infringing material upon proper notice.

22. Governing Law

This Agreement is governed by the laws of the Commonwealth of Massachusetts.

23. Acknowledgement

By using this Site, you acknowledge that you have read, understood, and agree to these terms.

24. Contact Information

Specialty Marine Solutions, Inc. Re: BuyEpifanes.com 180 State Road, Unit 3L Sagamore Beach, MA 02562