Samples Sales Terms and Conditions
TERMS OF SALE FOR SAMPLES
(US CONSUMERS ONLY)
These are the only terms on which we supply samples of our Millboard decking and/or cladding products (each a “Sample”) to you through our website at www.millboard.com/en-us.
Please read these terms carefully before you submit any order to us through our website. We may update these terms from time to time (with or without notice to you); while such changes will not apply to any existing contract between you and us they will be binding on you for any new contracts where you continue to order from us.
You can find everything you need to know about us, Millboard INC (a Delaware Corporation, with offices at Suite 417, International Market Square, 275 Market Street, Minneapolis, Minnesota 55405) and our products on our website before you order.
We are under a legal duty to supply products that are in conformity with these terms. Under applicable US law, goods must be as described, fit for purpose and of satisfactory quality. You can contact us at any time in relation to your order at inquiries@millboard.com
1. The Samples
1.1 Samples can be purchased in the sizes detailed on our website. Certain sizes are provided free of charge.
1.2 The Samples have not been customised or made to measure for your needs or profile.
1.3 A Sample’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
1.4 Any images of the Samples are shown for illustration, and images may differ slightly from the goods actually delivered.
2. Order acceptance
2.1 Your order is accepted and a contract formed between you and us once payment (if applicable) is taken and you receive your confirmation email from us containing a unique order number, to the email address you have provided. If we cannot accept your order for any reason, we will let you know and payment will not be taken or refunded if necessary.
2.2 You must provide us with the information we request from you to enable us to identify you, complete your order and deliver it to you. If you cannot provide this to us, we will not be able to process your order. All personal data you provide to us in connection with your order will be processed by us in accordance with our Privacy Policy and as necessary to enable us to perform our contract for goods with you.
2.3 We may, sometimes, reject an order for example, because the Samples are unexpectedly out of stock or you are located outside of our delivery areas, as stated on our website. When this happens, we will let you know as soon as possible and refund any sums you have paid.
3. Payment
3.1 Payment for Samples must be made in full before shipment. Prices are shown on our website in U.S. dollars. Sales tax (including Minnesota sales tax, if applicable), shipping, and transaction fees will be added and disclosed at checkout.
3.2 Our accepted payment methods (from time to time) are set out on our website. We will process the payment details you provide to us as set out in our Privacy Policy.
4. Changing your order
If you need to change your order for goods after purchase please contact us and we will discuss options with you. Changes may not be possible, or free of charge.
5. Delivery
5.1 We will post, or arrange a courier on your behalf, to deliver the Samples ordered from our website to the person and address provided to us at the time of your order. You are responsible for the goods on delivery and you must inspect them as soon as possible and let us know if there are any issues.
5.2 We aim to deliver within the timeframe shown at checkout. Estimated delivery times are not guaranteed. However, under U.S. law, if we fail to deliver within 30 days, you may cancel your order and request a refund.
5.3 If you are not available to accept delivery on the relevant date, our carrier will leave instructions for re-delivery or collection. If you do not arrange for re-delivery or collection, we will then attempt to contact you.
5.4 If any order does not arrive by the expected date, please contact us.
5.5 From time to time we may have to suspend supply of the Samples to deal with technical problems or make changes.
5.6 We can end our contract with you where you don’t make any payment to us when due or you don’t provide us with information we need to provide the goods or we are unable to deliver it to you.
6. Changing your mind, cancellation and refunds
6.1 U.S. law does not grant consumers an automatic cancellation right after purchase. However,
you may return Samples for a refund within 14 days of delivery, provided they are in unused and resalable condition. To initiate a return, contact us at inquiries@millboard.com
6.2 Where you have notified us you wish to cancel the contract within 14 days of delivery, at your own expense, you must arrange for the Samples to be returned to us to the address: Millboard Returns c/o Owen Allen 2700 4th Ave East, Suite 110, Shakopee, MN 55379. You are advised to retain proof of postage in case goods are lost in transit.
6.3 We will inspect the returned goods on receipt and provided the items are in a suitable condition on return, a full refund will be issued to you in accordance with clause 6.4. If the goods show evidence of unreasonable use or damage (or both), we may deduct from your refund the full price of the goods and the least expensive delivery costs for the goods. This deduction from your refund reflects the fact that we cannot re-sell damaged goods.
6.4 Refunds will be made to you via the method of payment used on purchase, within 14 days of us receiving the returned goods or, if earlier, of you providing evidence that the goods have been returned.
6.5 Only standard delivery costs are refunded; we don’t refund any extra that you may have paid for express delivery.
7. Your key legal rights if goods are not as expected
7.1 Goods must conform to the contract and be free from material defects at the time of delivery, in accordance with UCC Article 2 and applicable state law.
7.2 If at any time the Samples are faulty, not as described or damaged you should notify us in writing by contacting inquiries@millboard.com.
7.3 Once you have notified us of an issue with the Samples, you must arrange for the Samples to be returned to us. You are advised to retain proof of postage in case goods are lost in transit.
7.4 Upon receipt, we will inspect the returned goods to assess if the issue has been caused by your improper use, accidental or deliberate damage or if the goods were faulty, not as described or damaged when delivered to you or have become so as a result of a hidden defect.
7.5 If we are satisfied that the reported issue has not been caused by your improper use, accidental or deliberate damage, we will - at your option - refund the price you paid or replace the faulty Samples unless replacement would be disproportionately costly for us compared with a refund.
7.6 Where you have requested a refund and we agree it is payable to you, this will be made via the method of payment used on purchase, within 14 days of us confirming that the Samples are faulty.
8. Our liability to you
8.1 Where you cancel your order for a Sample, either because it arrived faulty or not as described, or you simply wish to exercise your cancellation rights under clause 6, our maximum liability to you is to refund up to the amount that you paid in accordance with clause 6 or clause 7 (as applicable).
8.2 The Samples are provided to you on a consumer basis, for individual, domestic and private use only. The Samples are not for business users and we are not liable for any loss of profit, loss of business, business interruption, or loss of business opportunities that you may incur at any time.
8.3 We are not responsible for any the following losses you may incur when using the Samples:
8.3.1 losses that are not obvious or we were not aware of at the point of order;
8.3.2 losses caused by matters outside of our control; or
8.3.3 something you could have avoided by taking reasonable action.
8.4 Nothing in these terms excludes or limits our liability where prohibited by U.S. law, including liability for death, personal injury, fraud, or gross negligence.
9. Changes
9.1 We can always change the Samples to reflect changes in laws and regulatory requirements, or to make technical adjustments and improvements.
10. Resolving disputes with us
10.1 If you have a dispute with us at any time, please contact us in the first instance to enable our customer service team to try to resolve the issue(s) you have either with us or the Samples.
10.2 If BUYER AND MILLBOARD ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT BUYER WOULD HAVE IF IT WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The number or arbitrators shall be one. The place of arbitration shall be Minneapolis, Minnesota, United States of America. The language of the arbitration shall be English.
11. General terms
11.1 These terms are between you and us. Nobody else can enforce them nor will we ask anybody else to sign-off on ending or changing them.
11.2 We may transfer our rights and obligations under these terms to a third party (such as where we undergo a corporate takeover, merger or acquisition). Where this happens, a different organisation may supply the Samples to you and we will notify you.
11.3 Each of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
11.4 If we delay in enforcing our rights under these terms at any time, this does not mean we have waived our rights to do so and we may take steps against you later, if necessary.
11.5 These terms are governed by the laws of the State of Minnesota and applicable U.S. federal law. You agree to the exclusive jurisdiction of Minnesota state courts and the federal courts located in Minnesota.
Version 3: September 2025