Terms and Conditions

1. Acceptance of these Terms

These Terms and Conditions (the "Terms") govern access to and use of porcemall.com and every page, form, document, image and QR code destination made available through it (the "Website"). The Website is operated by Porcemall USA Corp, a Florida corporation ("Porcemall").

By accessing or using the Website, you agree to be bound by these Terms and by the Privacy Policy. If you do not agree, do not use the Website.

If you use the Website on behalf of a business, you represent that you are authorized to bind that business, and "you" includes that business. You represent that you are at least 18 years of age.

2. Changes

Porcemall may change these Terms at any time, without prior notice, by posting the revised Terms on this page with a new effective date. A revised version takes effect when it is posted and governs use of the Website from then on. Continued use of the Website after a revision is posted constitutes acceptance of it. A revised version does not apply to a dispute that arose before it was posted.

Porcemall may change, suspend or discontinue the Website, or any part of it, at any time without notice or liability.

3. No offer and no contract

The Website is provided for general information only. Nothing on the Website is an offer to sell, a quotation, a price or an acceptance of an order, and no contract of sale is formed through the Website. No product can be ordered or purchased through the Website.

All information about products, including availability, stock, lead times, specifications, sizes, packaging, images, colors and designations such as "Sale" or "Clearance", is informational only and does not bind Porcemall. Any quotation Porcemall gives, in writing or orally, is non-binding and may be changed or withdrawn until Porcemall accepts an order in a written sales document, such as a sales order, order acknowledgment or invoice issued by Porcemall (a "Sales Document").

Every sale is governed by the Sales Document and the terms of sale Porcemall issues with it. Where these Terms and a Sales Document conflict on a matter concerning a sale, the Sales Document controls. Porcemall rejects any additional or different terms in a buyer's purchase order or other document unless an authorized officer of Porcemall expressly accepts them in a signed writing.

4. Accounts and inquiries

Submitting a trade account request, a contact form, a newsletter signup or any other form creates no obligation on Porcemall and no account, credit or right to purchase. Porcemall may approve or decline any request, and may suspend or close any account, at its sole discretion and without stating a reason. Credit, pricing and payment terms are available only under a separate written agreement or credit application accepted by Porcemall.

You must provide true, accurate and complete information in every form, and you are responsible for the information you submit.

5. Product information

All content and information on the Website, including descriptions, dimensions, thicknesses, weights, technical data, test values, ratings, certifications, packaging and coverage figures, installation and care information, images and availability, is provided "as is" and for general reference only. Much of it is supplied by manufacturers and other third parties and has not been independently verified by Porcemall. It may contain errors, omissions or typographical mistakes, may be out of date, and may be changed, corrected or withdrawn at any time without notice.

Porcemall makes no representation or warranty that any information on the Website is accurate, complete, current or suitable for any purpose. Before purchasing, specifying or installing any product, you must confirm every item of information that matters to you with Porcemall in writing and against the product itself.

Manufacturers may change the composition, specifications, finish, sizes, packaging or availability of a product without notice, and any product may be discontinued at any time.

6. Color, shade and texture

Photographs, room scenes, computer-generated renders, 3D views and swatches on the Website are illustrations only and do not show the product you will receive. Color, shade, tone, veining, pattern, texture, gloss and finish appear differently depending on the screen, device, browser, settings and lighting, and renders and room scenes are generated or edited by computer.

Variation in shade, tone, color, texture, pattern, finish, size (caliber) and flatness, between production runs (lots) and within a single run, is an inherent characteristic of porcelain, ceramic, SPC vinyl, laminate, pool and decorative products and is not a defect.

Where appearance matters, the buyer must see and approve a physical sample of the current production lot before ordering. As between an image or description on the Website and a physical sample, the sample controls, subject to the variation described in this section.

The buyer and its installer must inspect all material, confirm shade, lot, caliber and quantity, and blend material from several boxes before installation. Installation of any material constitutes acceptance of its shade, tone, texture, size and every other characteristic that a reasonable inspection would have revealed.

7. Suitability, installation and use

The buyer, together with its installer and any architect, designer, engineer or other qualified professional, is solely responsible for determining whether a product is suitable for its intended application, location and use, and for its selection, specification, handling, storage, acclimation, installation, protection, maintenance and use. In particular:

• Installation. Every product must be installed in accordance with the manufacturer's instructions, the applicable industry standards (including, where applicable, ANSI A108, A118 and A137.1 and the TCNA Handbook for Ceramic, Glass, and Stone Tile Installation) and all applicable building codes.
• Slip resistance. Slip resistance ratings and test values, including DCOF values, are laboratory results obtained under stated test conditions. Slip resistance in use depends on water and other contaminants, cleaning and maintenance, wear, footwear, slope and use, and it is for the buyer to determine whether a product is suitable for a wet, exterior, sloped, commercial or other area.
• Exterior, frost, pool and wet areas. Exterior, frost and freeze-thaw, pool, spa, submerged, shower and other wet-area use, commercial and heavy-traffic use, and use over radiant heat are for the buyer to determine, and a product may be used in those conditions only where the manufacturer's documents expressly permit it.
• Site conditions. Subfloors and substrates, moisture, movement joints, waterproofing, setting materials, grout and trim are the responsibility of the buyer and its installer.

Guides, the floor finder, coverage and quantity figures, and all other advice or information on the Website or given by Porcemall personnel are general information only. They are not professional, engineering, design or installation advice and do not replace the judgment of a qualified professional. The buyer is responsible for measuring and for ordering enough material, including allowances for waste, cuts, breakage and future repairs.

Porcemall does not design, specify, supervise or perform any installation and is not responsible for any installation, workmanship, setting material, substrate or site condition.

8. Warranties

The only warranties on any product are the written limited warranties issued by the manufacturer or by Porcemall for that specific product, as published on the Warranty page or delivered with the Sales Document (the "Written Warranties"). At the effective date of these Terms, those are the limited warranties on SPC and LVT vinyl flooring set out in the warranty letter and the warranty application rules. Each Written Warranty is subject to its own terms, conditions, exclusions and limitations and states the sole and exclusive remedy for any claim under it. A product not covered by a Written Warranty is sold without any warranty.

EXCEPT FOR THE WRITTEN WARRANTIES, AND TO THE FULLEST EXTENT PERMITTED BY LAW, PORCEMALL MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO IMAGE, DESCRIPTION, SPECIFICATION, RATING, TEST REPORT OR STATEMENT ON THE WEBSITE, OR MADE BY ANY PORCEMALL EMPLOYEE, REPRESENTATIVE, DEALER OR DISTRIBUTOR, CREATES A WARRANTY OR EXTENDS A WRITTEN WARRANTY.

WHERE APPLICABLE LAW, INCLUDING THE MAGNUSON-MOSS WARRANTY ACT, DOES NOT PERMIT AN IMPLIED WARRANTY TO BE DISCLAIMED, THAT IMPLIED WARRANTY IS LIMITED IN DURATION TO THE DURATION OF THE APPLICABLE WRITTEN WARRANTY, OR TO THE SHORTEST PERIOD THE LAW PERMITS.

9. The Website is provided as is

THE WEBSITE AND ALL CONTENT, INFORMATION, DOCUMENTS, DOWNLOADS, IMAGES AND FUNCTIONS ON IT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PORCEMALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS, AND ANY WARRANTY THAT THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, SECURE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE WEBSITE AT YOUR OWN RISK.

10. Downloads

Brochures, technical sheets, test reports, certificates, installation and care guides, warranty documents and all other files available through the Website are provided as is, for reference, and may be superseded without notice. A test report records the results a laboratory obtained on the samples it tested, at the time and by the method stated in it, and is not a representation or warranty that any other lot, box or piece will perform in the same way. Where a document was prepared by a manufacturer, laboratory or other third party, Porcemall does not adopt or guarantee its contents. You must confirm the current version of any document with Porcemall before relying on it, and you are responsible for checking every file you download for viruses and other harmful components.

11. QR codes, links and third parties

QR codes on Porcemall products, packaging, samples, displays and printed material lead to web pages chosen by Porcemall, and Porcemall may change the destination of any code at any time. A code does not guarantee that any particular page, product or information will be available, and the page it reaches is part of the Website and subject to these Terms.

The Website may link to, or use, websites and services operated by third parties, including manufacturers, map services and hosting and email providers. Porcemall does not control them, does not endorse them and is not responsible for their content, availability, security, privacy practices or terms. Your use of any third-party website or service is at your own risk and subject to that third party's terms.

12. Intellectual property

The Website and all content on it, including text, guides, photographs, room scenes, renders, 3D models and views, images, videos, documents, designs, graphics, logos, data and code, and the selection, arrangement and look and feel of all of them, are owned by Porcemall or its licensors and are protected by the copyright, trademark, trade dress and other laws of the United States and other countries. All rights not expressly granted are reserved.

Porcemall grants you a limited, personal, non-exclusive, non-transferable and revocable license to view the Website and to download and print single copies of the documents the Website offers for download, solely to evaluate Porcemall products, provided that you keep all copyright and other notices intact. Any other copying, reproduction, distribution, public display, modification, framing, creation of derivative works or commercial use of any content, and any use of it to develop or train any software, database or artificial intelligence model, is prohibited without Porcemall's prior written consent. Use of Porcemall content by a dealer or any other business is permitted only under a separate written authorization from Porcemall, which Porcemall may withdraw at any time.

PORCEMALL and the Porcemall logo are trademarks of Porcemall USA Corp. Other names, marks and logos on the Website belong to their respective owners. No license or right to use any mark is granted.

13. Acceptable use

You may use the Website only for lawful purposes and in accordance with these Terms. You must not:

• use the Website in violation of any law or of the rights of any person;
• copy, scrape, crawl, harvest or extract content or data from the Website by automated means, except indexing by a search engine that complies with the Website's robots.txt file;
• submit false or misleading information, or another person's information, through any form, or use any form to send advertising, unsolicited messages or bulk submissions;
• interfere with, overload, probe, scan or test the vulnerability of, or breach any security measure of, the Website or any system connected to it;
• introduce any virus, malware or other harmful code;
• frame or mirror the Website, or misrepresent any affiliation with Porcemall;
• use the Website or its content to build or supply a competing product, database or service; or
• attempt, or help anyone else, to do any of the above.

Porcemall may block, suspend or terminate anyone's access to the Website at any time, for any reason or no reason, without notice or liability.

14. Information you submit

Personal information you submit through the Website is handled as described in the Privacy Policy. Any other information, idea, suggestion, feedback or material you send to Porcemall is not confidential, and Porcemall may use it for any purpose without obligation or compensation to you. You represent that you have the right to submit everything you submit.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PORCEMALL, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE "PORCEMALL PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE OR DATA, ANY DELAY, OR ANY COST OF REMOVAL, REPLACEMENT, REINSTALLATION, LABOR OR SUBSTITUTE GOODS, ARISING OUT OF OR RELATING TO THE WEBSITE, ITS CONTENT, THESE TERMS OR ANY PRODUCT, OR ANY RELIANCE ON ANY OF THEM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE OR ANY OTHER THEORY, EVEN IF A PORCEMALL PARTY WAS ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PORCEMALL PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, THESE TERMS OR ANY PRODUCT SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO PORCEMALL FOR THE SPECIFIC PRODUCT THAT GAVE RISE TO THE CLAIM OR, WHERE THE CLAIM DOES NOT ARISE FROM A PRODUCT YOU PURCHASED FROM PORCEMALL, ONE HUNDRED US DOLLARS (US$100).

These limitations apply even if a limited remedy fails of its essential purpose, and any further limitation in a Sales Document or Written Warranty also applies. They do not limit liability for injury to the person caused by consumer goods where Florida law makes such a limitation unconscionable (section 672.719(3), Florida Statutes), liability for fraud or intentional misconduct, or any other liability that cannot be limited or excluded under applicable law.

16. Indemnification

To the fullest extent permitted by law, you shall defend, indemnify and hold harmless the Porcemall Parties from and against all claims, demands, actions, losses, liabilities, damages, judgments, settlements, costs and expenses, including reasonable attorneys' fees and costs, arising out of or relating to a claim by a third party that arises out of or relates to:

• your use of the Website or its content;
• your breach of these Terms;
• your violation of any law or of any right of a third party;
• any information or material you submit;
• any statement, representation, warranty or specification you give to another person about a product that is not contained in the Written Warranties or the manufacturer's published documents; or
• the installation, use or resale of any product by you or by anyone acting on your behalf.

Porcemall may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you shall cooperate in that defense. You shall not settle any such matter without Porcemall's prior written consent.

17. Force majeure

Porcemall is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, hurricanes, tropical storms, floods, fire, earthquakes, epidemics and pandemics, war, terrorism, civil unrest, acts or orders of any government, tariffs, duties, embargoes, sanctions and other trade restrictions, port congestion, shipping, carrier and customs delays, shortages of materials, energy or containers, failures or delays of manufacturers or suppliers, labor disputes, failures of utilities, the internet, hosting or communications services, and cyberattacks.

18. Governing law

These Terms, the Website and every dispute or claim arising out of or relating to them, whether in contract, tort, statute or otherwise, are governed by the laws of the State of Florida and the applicable federal laws of the United States, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. Exclusive venue

Any action or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the state courts located in Broward County, Florida, or in the United States District Court for the Southern District of Florida. You irrevocably consent to the personal jurisdiction and venue of those courts and waive any objection that they are an inconvenient forum. Porcemall may also seek injunctive or other equitable relief to protect its intellectual property or the security of the Website in any court of competent jurisdiction.

20. Waiver of jury trial

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PORCEMALL EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, ITS CONTENT OR ANY PRODUCT.

21. Rights that cannot be waived

Nothing in these Terms excludes, limits or waives any right or remedy that cannot lawfully be excluded, limited or waived, including any right under the Florida Deceptive and Unfair Trade Practices Act or the Magnuson-Moss Warranty Act. Every provision of these Terms applies only to the fullest extent permitted by law.

22. General provisions

• Severability. If any provision of these Terms is held invalid, illegal or unenforceable, it shall be enforced to the maximum extent permitted and modified to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full force and effect.
• Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and Porcemall concerning the Website and supersede all prior communications on that subject. A Sales Document, a Written Warranty, a credit application or another written agreement signed by Porcemall governs the matters it covers.
• No waiver. No failure or delay by Porcemall in exercising any right is a waiver of it, and no waiver is effective unless it is in writing and signed by Porcemall.
• Assignment. You may not assign or transfer these Terms or any right under them without Porcemall's prior written consent. Porcemall may assign these Terms at any time without notice.
• Relationship. Nothing in these Terms or in the use of the Website creates any agency, partnership, joint venture, franchise or employment relationship with Porcemall.
• No third-party beneficiaries. These Terms confer no rights on any person other than you, Porcemall and the other Porcemall Parties.
• Survival. Sections 5 to 23 survive any suspension or termination of your access to the Website.
• Headings and interpretation. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation".

23. Language

These Terms are written in English and translated into Spanish for convenience. If the two versions differ or conflict, the English version controls.

24. Contact

Notices and questions about these Terms must be sent in writing to: