Wallpaperdirect Incorporated terms and conditions of sale
- These Terms will apply to any contract for the sale of Products by us to you ("Contract"). Please read these Terms carefully and make sure that you understand them before ordering Products from our Website.
- Please note that before placing an order you will be asked to agree to these Terms. If you do not accept these Terms in full, you will not be able to order Products from our Website.
Understanding these Terms
- When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the paragraph of these Terms where it was defined. You can find these meanings by looking at the sentence where the defined term is in bold text and is included in brackets and speech marks.
- When we refer to "we", "us" or "our" we mean Wallpaperdirect Incorporated. When we refer to "you" or "your" we mean you, the person buying Products from our Website.
- We have used headings to help you understand these Terms and to easily locate information. These Terms, and any Contract between you and us, are only available in the English language. The Contract between you and us will not be publicly available so we recommend that you print or save a copy of these Terms for your records (but please note that we may amend these Terms from time to time, as explained in paragraph 19).
- We are Wallpaperdirect Incorporated, a company organized under the laws of the State of Delaware, and we operate the Website.
- If you would like to contact us, please use the details on the Contact Us page of our Website and we will be happy to assist you.
- If we have to contact you, we will call you or write to you at the email address or postal address you provided in the order.
- The words “writing” or “written” in these Terms includes emails.
- We are committed to supplying high quality products. For more information on our Products please visit the Products pages on our Website.
- We have made every effort to display the Products as accurately as electronic media will allow, however the images of the Products on our Website are for illustrative purposes only. We cannot guarantee an exact match of the on-screen appearance to the actual Products, which may vary slightly from those images depending on your screen settings and resolution.
- Each Product is sold subject to its description. We will take commercially reasonable care to ensure that all details and descriptions of Products are correct at the time when the relevant information was entered on to the Website. Although we aim to keep the Website as up to date as possible, the information, including Product descriptions, appearing on the Website at a particular time may not always reflect the position at the exact moment you place an order. The dimensions given are provided for your guidance. Before ordering, please ensure that there is adequate room to move Products through any doorways, windows and restricted passageways.
- All Products shown on our Website are subject to availability. If a Product you have ordered is temporarily unavailable we will inform you by email as soon as possible and offer you a substitute item. You can then decide whether you would like the substitute item or whether you would prefer to cancel your order (in which case we will provide you with a full refund). If we do not receive a response from you by the time that your order needs to be shipped for delivery, we will not deliver the Products to you and will reimburse your payment to your credit card.
- For some wallpaper and paint Products available to purchase on the Website, we are able to send samples (color cards in the case of paint) out by mail. The first two samples (or color cards) are sent free of charge for customers located in the US and after that they cost C$2.00 each. If we need to send the samples (or color cards) outside the US, a postage charge will apply. Details of these charges can be found under the FAQs section of our Website. Samples and color cards are available for color and, if applicable, texture match only and are usually supplied in 8.3” x 11.7” (A4) size for wallpapers and 5.8” x 8.3” (A5) size for paints. Smaller A5 samples are provided for specialist wall coverings such as flocks or those with glass bead and glitter effect. Full designs and repeated patterns can be viewed on the Website.
Changes to an order
- We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirements. This might happen, for example, if we are no longer allowed to use a particular chemical in a particular Product’s formulation.
- If you wish to make a change to your order you must contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Products, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm if you wish to go ahead with the change.
- You may only purchase Products from our Website if you are at least 18 years old. Certain Products on our Website can only be purchased if you satisfy the legal age requirement for that Product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order through our Website.
- By creating an account, you can choose to store your debit and credit card information for easier and faster checkout, store and edit your delivery addresses and billing information and review your previous purchases and order history. By doing so you represent and warrant to us that you have the authority to use the card provided.
- When you register or buy Products through our Website, you will be required to provide certain information, including your name, phone number, email address and an address for delivery of the Products. You will also be required to provide valid details of a credit or debit card which you are legally entitled to use. We reserve the right to request additional evidence or proof of billing information where we think this is necessary. You confirm that all information you provide to us at any time is true, accurate and complete. If the amount due from you for your order cannot be debited or charged to the credit or debit card you have provided, for whatever reason, your order will be cancelled (as described in paragraph 12.1).
Buying Products from us
- For the steps you need to take to place an order, please see the FAQs section of our Website.
- Our order process on our Website allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. In particular, please check the quantities of each of the Products in your order.
- By clicking the "Pay Securely" button you are committing to buy and pay for the Products in your order. This is an offer from you to enter into a Contract with us to buy the Products in your order. The Contract is subject to these Terms and you will be asked to confirm that you accept these Terms when placing your order.
- After you place an order, you will receive an email from us acknowledging that we have received your order and confirming the Products ordered, delivery option chosen, delivery address and any special instructions ("Order Confirmation"). Only the Products listed in the Order Confirmation are included in the Contract between you and us. If there are any errors in the Order Confirmation, please contact us as soon as possible using the details on the dedicated Contact Us page of our Website.
- We only supply the Products from our Website for domestic and private use. You may not buy Products from our Website for business and/or resale purposes. If you want to buy Products as a business customer in connection with your profession or trade, please contact us using the details on the Contact Us page of the Website to discuss the options available to you.
Product prices and delivery charges
- The prices of the Products will be as quoted on our Website from time to time. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not provide the Products to you at a lower price where there has been an obvious pricing error. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled.
- The prices of the Products may change from time to time, but changes will not affect any order which we have confirmed by sending an Order Confirmation. The prices of the Products are in US Dollars.
- The prices of the Products do not include delivery charges. We will advise you of the delivery costs during the order process. Please see paragraph 11 and the FAQs section page of our Website for more information.
- SALES AND USE TAX NOTIFICATION FOR ONLINE PURCHASES. This statement is made pursuant to the enacted notification requirements in the following states: IL, MD, MI, MN, NC, NJ, PA, OK, TN, WA, WI. Although we, as the seller, are not obligated to collect your state's sales tax, this purchase is subject to state sales tax unless it is specifically exempt from taxation. This purchase is not exempt merely because it is made over the Internet or by other remote means. Your state, if it imposes a sales tax, requires that you report and pay the tax due on your purchases. Retailers that do not collect sales tax, including ourselves, will provide you an end-of-year summary of your purchases to assist you in reporting and paying the tax due. Details of how to file the return may be found on your state's department of revenue, division of taxation, or tax commission website. You must pay any sales and/or use tax liabilities due annually on your tax return from this transaction (or file by the 20th each month on form T-205 in RI). Please note that we also may be required by law to provide your state's department of revenue with your name, billing and/or mailing address, shipping addresses for each Product, and report of the total of all your purchases from us at the end of the year.
- We may offer certain Product promotions for eligible customers from time to time. If you have a promotional code, please ensure that you enter it where prompted on the payment page during the order process. If your promotional code qualifies, your deduction will be displayed in the payment summary.
- You may only use one promotional code for each order. You cannot apply promotional codes to orders that you have already placed or against Products that we have already delivered to you. We reserve the right to cancel orders if an unauthorized promotional code is used. Additional terms and conditions may apply to certain promotions, please check the Website for further details.
How to pay
- You can pay for Products using a debit card or credit card. We accept most major debit and credit cards, including the following cards: Visa, MasterCard, American Express, Diners, Discover, and PayPal.
- By ordering Products from us through our Website, you authorize us to perform credit and anti-fraud checks on you and the payment method that you have provided. These checks may be required, among other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and/or to authorize individual purchases. You authorize us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and accept that such parties may keep a record of that information. You also agree that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.
- If the amount due from you for your order cannot be debited or charged, for whatever reason, your order may be cancelled (we will notify you of this using the contact details you provided during the order process).
- Your debit card or credit card will not be charged until we issue an Order Confirmation (at which point we take payment for the Products and all applicable delivery charges in full).
- Your order will be delivered to you by us or our delivery partner, and, unless there is an event outside of our control, we will take reasonable steps to meet the delivery date set out on your Order Confirmation or as otherwise agreed.
- If we are unable to meet the estimated delivery date or time because of an event outside of our control, we (or our delivery partner) will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
- Delivery will be completed when the Products are delivered to the address stated in the Order Confirmation (so please make sure that the delivery details you provide are accurate as we cannot be responsible for any delayed or failed deliveries as a result of your error).
- You are responsible for making suitable arrangements to receive your delivery. Please make sure you or someone instructed by you is able to take delivery of the Products.
- If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not rearrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and paragraph 12.1 will apply.
- Title to and risk of loss of Products supplied by us will pass to you upon our delivery to our carrier. When you place an order, we will charge you immediately. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
- If you live outside the UK or US you agree that you are liable for any additional handling fees and custom duties and or other taxes that may become due as your order passes through customs.
Our rights to terminate the Contract
We may terminate the Contract for a Product at any time by writing to you if:
- you do not make any payment to us when it is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
- you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.
- If we terminate the Contract in the situations set out in paragraph 12.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
- We may write to you to let you know that we are going to stop providing the Product. We will let you know at least two weeks in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
- We may terminate the Contract for a Product at any time by writing to you if:
If there is a problem with the Product; Money back guarantee
- We want you to be completely satisfied with the Products you have ordered from us. If you have any problems with the Products you have ordered, please contact us using the details on the Contact Us page of our Website.
- If any Product purchased through the Website is defective, damaged, faulty, or broken, or if you are otherwise dissatisfied with the Product for any reason, please return the Product in its original condition within 60 days of the date of purchase for a full refund of the purchase price. However, if a Product is a sample or has been made individually to your specification then these rights to return do not apply, unless the Product is faulty. This includes handmade-to-order blinds, curtains and cut-to-order fabrics.
- If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team toll free on 1-855-972-9273 or write to us at email@example.com or Wallpaperdirect Inc. PO Box 1258, Maynardville, TN 37807.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
- Without affecting our liability under paragraph 16.1, we recommend that you check the Products for defects or discrepancies as soon as possible. If you find a defect or discrepancy in the Products or suffer loss or damage that is a foreseeable result of us breaking the Contract or us failing to use reasonable care and skill, please let us know as soon as you become aware of the relevant issue. You should then take reasonable steps to minimize the damage or loss you may suffer. For example, if you find the wallpaper does not match the wallpaper you ordered, you should immediately tell us about the problem and not carry on papering your walls with the wrong wallpaper.
- We will not be liable to you (or any other user of our Website) for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use or inability to use our Website or reliance on the content displayed on the Website.
- We supply Products (including any free samples provided with your order) for domestic and private use. On this basis, you agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Some of the Products we sell to you may come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
Using our website
- Your use of our Website is governed by these Terms. By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website.
You are only permitted to use the Content (as defined in 17.4 below) and/or any services and products on the Website for lawful purposes as provided in these Terms. Any other use or misuse of any Content is strictly prohibited. The Company grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without the Company’ express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, repost, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of the Company in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to the Company or any third party referenced therein. The Company reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under the Company’s and/or its owner’s intellectual property rights, whether by estoppel, implication or otherwise.
Notwithstanding anything herein to the contrary, the Company may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
- We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
- We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it, including without limitation, all text, content, and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works (collectively, “Content”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use but you must not use any part of the content on our Website for commercial purposes.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied that the Content on our Website is accurate, complete or up-to-date.
- We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.
- You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our site is stored, or any server, computer or database connected to our site.
- Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources.
WITHOUT LIMITING THE FOREGOING, THE CONTENT AND ALL OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN THE COMPANY HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, THE COMPANY DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. THE COMPANY RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANY TIME WITHOUT NOTICE.
SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Your personal information
Changes to these Terms
- We may make changes to these Terms from time to time if, for example, we have made changes to how we accept payment from you, or if there is a change in the law that means we need to change these Terms.
- Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. The current version of those Terms will be available on our Website. Please check the Terms on our Website each time that you order Products from us to ensure that you understand the Terms that apply at the time.
- We hope that you do not have cause for a complaint but, if you do, we would like to hear from you so that we can try and resolve your complaint and ensure that it does not happen again. Please contact us using the details on the Contact Us page of our Website.
Other important information
- We may transfer our rights and obligations under the Contract to another organization, but this will not affect your rights or our obligations under these Terms.
- The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each provision of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- We intend to rely upon these Terms in relation to the Contract between you and us. If you require any changes, please make sure you ask for these to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.
- These Terms are governed by the Federal Arbitration Act, applicable federal law and the laws of the state of Tennessee. Any dispute or claim relating in any way to your use of this Website, or to any products or services sold or distributed by the Company will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. If you would like to bring a matter to our attention, please contact us at firstname.lastname@example.org.
Wallpaperdirect Incorporated September 2019