| Terms of Sale PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY
IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND
EXCLUSIONS THAT MIGHT APPLY TO YOU.
These terms and conditions apply to the purchase
and sale of products through WALLPAPERS TO GO.COM (referred to as the "Site").
By placing an order for such products, you agree to be bound by and accept these terms and
conditions. If you do not agree to these terms and conditions, you should not obtain
products from this Site. These terms and conditions are subject to change by WALLPAPERS TO
GO (referred to as "us" or "we") without prior written notice at any
time, in our sole discretion. The latest version of the terms and conditions will be
posted on this Site, and you should review these terms and conditions prior to purchasing
any products that are available through this Site. These terms and conditions are an
integral part of the Legal Notice that applies generally to the use of our Site. You
should also carefully review our Privacy Policy before placing an order for products
through this Site.
1. Order Acceptance and Cancellation.
Your receipt of an electronic or other form of
order confirmation does not signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell. We reserve the right at any time after receipt of your
order to accept, decline, or limit your order for any reason, whether or not your credit
card has been charged. If your credit card has been charged and your order is canceled you
will receive a prompt refund credit to your account
Once an order has been placed, it cannot be
cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to
cancel the order if requested.
We make every effort to maintain the availability
of our Site. However, should we experience technical difficulties, we are not responsible
for orders that are not processed or accepted.
2. Payment Terms, Shipping Charges and Sales Taxes.
Terms of payment are within our sole discretion
and, unless otherwise agreed by us in writing, payment must be received by us prior to our
acceptance of an order.
We accept credit cards such as Visa, Mastercard,
American Express and Discover for all purchases. You represent and warrant that (a) the
credit card information you supply to us is true, correct and complete, (b) charges
incurred by you will be honored by your credit card company, and (c) you will pay charges
incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars.
Current billing address and phone information must be included with every order. You agree
to pay interest on all past-due sums at the highest rate allowed by law. We retain a
security interest in the products and all proceeds thereof until the full purchase price
therefore (including taxes and additional charges) has been paid.
WALLPAPERS TO GO is required by law to collect
sales tax from Texas Purchasers. Purchaser's invoice will include complete product
pricing, all applicable handling costs, shipping charges and any applicable sales tax. For
Texas Purchasers, if Purchaser is claiming an exemption from sales tax, Purchaser must
place its order through the toll-free sales line 800-843-7094 and provide the sales person
that processes the invoice with a valid exemption certificate. Charges for shipping and
handling will be made in accordance with the then-current WALLPAPERS TO GO's shipping
policies.
3. Changes in Products and Pricing.
We are constantly updating and revising our
offerings of products, and we may discontinue products at any time without notice. To the
extent that we provide information on availability of products, you should not rely on
such information, and we will not be liable for any lack of availability of products that
you may order through our Site.
All pricing for the products available on our Site
is subject to change. For all of our prices and products, we reserve the right to make
adjustments due to changing market conditions, product discontinuation, manufacturer price
changes, errors in advertisements and other extenuating circumstances.
4. Advertising Disclaimer, Trademarks and
Copyrights.
As a purchaser/site user, you acknowledge that you
have no right, title or interest in the trademarks, copyrights or other intellectual
property rights of WALLPAPERS TO GO and you covenant that you will not take any action to
register or otherwise interfere with any such rights.
5. Disclaimer and Limitation of Liability.
WALLPAPERS TO GO HEREBY EXPRESSLY DISCLAIMS ANY
LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER SURFACE
PREPARATION, IMPROPER PRODUCT OR COLOR SELECTION OR MISAPPLICATION.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE
LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AVAILABLE ON OUR SITE), FOR ANY REASON, AND
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE REPAIR OR
REPLACEMENT OF THE PRODUCTS OR ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED
THROUGH OUR SITE, AT THE OPTION OF WALLPAPERS TO GO. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO
YOUR PURCHASE OF PRODUCTS.
6. Warranty and Return Policy.
WALLPAPERS TO GO sells only first quality
merchandise. Any products that are damaged or otherwise defective as described by the
manufacturer's warranty located inside the package of all products at the time of delivery
will be replaced at no charge to the purchaser. All items claimed to be defective within
the warranty period must be shipped to WALLPAPERS TO GO at the expense of the purchaser.
If any products are, in fact, defective, such items will be repaired or replaced or
refunded. WALLPAPERS TO GO's acceptance of any products shipped to WALLPAPERS TO GO shall
not be deemed an admission that the products so shipped are defective, and if WALLPAPERS
TO GO finds that any items returned are not defective, such products will be reshipped to
the purchaser at the purchaser's expense.
For more information regarding our warranty and
Return Policy, please contact us by e-mail at info@wallapaperstogo.com or by regular mail
at WALLPAPERS TO GO, PO Box 1677, Marble Falls, TX 78654, Attention: Customer Service. In
addition, you may contact us by telephone at 800-843-7094.
These policies set forth your sole and exclusive
rights with respect to return of products that you may purchase through our Site.
7. Security.
For your security, orders on our Site are encrypted
with SSL technology on both the client and server end. Your information sent via the
Internet can be trusted to arrive privately and unaltered, to our server only. In order
for SSL security to work, you must use an SSL-enabled browser. (Please note that email is
not encrypted, and is not considered a secure means of transmitting credit card numbers.)
If you're still concerned about ordering
electronically, you can place your order by telephone. Call us at 800-843-7094 within the
United States and Canada. No matter how you place your order with us, we want you to have
a comfortable buying experience.
8. Privacy and Customer Information.
We are committed to protecting your privacy. To
make your shopping experience more convenient, we gather information about you. We
maintain the privacy of your information using security technologies and adhere to
policies that prevent unauthorized use of your personal information. Click
here to view our current Privacy Policy.
At any time you may update
your customer account information by following the instructions posted elsewhere on
this Site. Here you may update your name, password, billing address, shipping address,
e-mail address, telephone number, and credit card information.
9. Service and Support.
All requests for service and support with respect
to the products available through our Site, and any other questions or concerns, should be
directed to us by e-mail at info@wallpaperstogo.com or by mail at WALLPAPERS TO GO, PO Box
1677, Marble Falls, TX 78654, Attention: Customer Service. We will do our best to help
you.
10. Purchaser's Representations and Warranties
Purchaser represents and warrants that: (a)
Purchaser is at least 18 years of age; (b) Purchaser possesses the legal right and ability
to enter into this Agreement and make the credit card charge on their own behalf or on
behalf of any person for whom the Purchaser is acting as an agent; and (c) all information
submitted by the Purchaser to WALLPAPERS TO GO is true, accurate and current. Purchaser
further agrees to abide by all applicable laws and regulations.
11. Force Majeure.
In addition to any excuse provided by applicable
law, we shall be excused from liability for non-delivery or delay in delivery of products
and service available through our Site arising from any event beyond our reasonable
control, whether or not foreseeable by either party, including but not limited to, labor
disturbance, war, fire, accident, adverse weather, inability to secure transportation,
governmental act or regulation, and other causes or events beyond our reasonable control,
whether or not similar to those which are enumerated above.
12. Entire Agreement.
The terms and conditions hereof, together with such
further terms and conditions as are contained within any written agreement, document,
certificate or instrument between us or within any other agreement, document, certificate
or instrument referenced herein or within this site, whether by hyperlink or otherwise,
constitute the entire agreement and understanding between us concerning the subject matter
hereof and thereof and supersede all of our prior agreements and understandings with
respect thereto. In the event of any inconsistency between the terms and conditions hereof
and such further terms and conditions, the more specific terms and conditions shall
control. Such collective terms and conditions may not be altered, supplemented, or amended
except by a written agreement signed by you and us. Any attempt to alter, supplement or
amend such collective terms and conditions or to enter an order for products which are
subject to additional or altered terms and conditions shall be null and void, unless
otherwise agreed to in a written agreement signed by you and us.
12. Governing Law and Statute of Limitations.
This Site (excluding linked Sites) is controlled by
us from our offices within the State of TX, United States of America. It can be accessed
from all 50 states, as well as from other countries around the world. As each of these
places has laws that may differ from those of TX, by accessing this Site both of us agree
that the statutes and laws of the State of TX, without regard to the conflicts of laws
principles thereof, will apply to all matters relating to the use of this Site and the
purchase of products available through this Site. Each of us agrees and hereby submits to
the exclusive personal jurisdiction and venue of the local state and federal courts for
the county in which the offices of WALLPAPERS TO GO are located with respect to such
matters.
Any cause of action brought by you against us or
our Affiliates must be instituted within one (1) year after the cause of action arises or
be deemed forever waived and barred.
We make no representation that the products
available through our Site are appropriate or available for use in locations outside of
the United States, and accessing them from territories where such products are illegal is
prohibited. Those who choose to access this Site from other locations do so on their own
initiative and are responsible for compliance with local laws.
Dated: 11/01/06
Wallpapers To Go Return
Merchandise Policies
Wallpapers To Go has been in business for over 30
years and we sell only first quality products. All products come with a manufacturer's
warranty.
Need to return an item? Our customer service agents
will guide you through the return process and provide you with a Return Merchandise
Authorization number to insure you receive your proper credit. Remember that it is always
a good idea to purchase an extra double roll of the wallpaper or extra spool of border
when you order to have on hand should you run short or should repairs be needed in the
future. That way, it is all from the same run number.
OUR RETURNS POLICY
You may request return for most items sold by
WALLPAPERS TO GO within 14 days of shipment and product must be received back within 30
days of receipt of shipment. All wallpaper returns are subject to a 30% restocking fee
(unless defective). When you receive your order, make sure that you thoroughly inspect it
for correct quantity and pattern.
We cannot accept returns of certain items,
including:
*Any item that is returned more than 30 days after
shipment.
*Any item that is not in its original condition and
packaging.
*Any item shipped outside the United States or
Canada.
*Borders or fabric unless received damaged,
defective or not what you ordered.
*54 inch commercial goods.
*Any customized, or personalized product.
*Case-priced wallpaper and case-priced borders.
*Discontinued items.
*Kitchen, Bath, and Other Accessory Items
Please do not send items back to us without a
Return Merchandise Authorization, as we do not issue refunds for non qualifying items and
cannot return the items to you.
Back Orders
Although it is rare, sometimes a wallpaper
manufacturer will have a pattern on back order or decide to discontinue an item. Please
understand that when this does occur, it is out of our control, but we do our best to
notify you of any delays or discontinued items just as soon as we get the information from
the manufacturer. We recommend that you wait until you have received your entire order
before scheduling installation with your wallpaper hanger.
Packing and Sending Your Returns
1. Please call our toll free number 1-800-843-7094,
or email us to obtain a Return Authorization number. Our customer service agents will be
happy to assist you with this process.
2. Pack the items in their original condition,
along with the packing slip, securely in a box. You can use the box the items arrived in,
or another box, if you prefer.
3. Write the Return Authorization number that you
were issued on the outside of the box.
4. Our customer service agents will give you
complete return instructions when you call or email to return your package.
REFUNDS
You will be issued a refund after we receive the
merchandise back in our warehouse. We will notify you via email of your refund once we've
received and processed the returned item. You can expect a refund in the same form of
payment originally used for purchase within one billing statement of our receiving your
return.
If your return is not due to our error, we will
deduct the return shipping costs from your refund. If you have questions or concerns about
a return or refund, please feel free to email our returns department. |
