Wallpapers To Go Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
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 the company and address indicated by 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 firstname.lastname@example.org or by regular mail at WALLPAPERS TO GO, 7342 San Pedro Avenue, San Antonio, TX 78216, 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.
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.
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 email@example.com or by mail at WALLPAPERS TO GO, 7342 San Pedro Avenue, San Antonio, TX 78216, 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.