I. Terms and Conditions of Website Use (Last Revised 10/5/2016)
Acceptance of Terms
Thank you for visiting briarwood-home.com (the “Website”). The Website is operated by World Home Fashions Inc., 112 West 34th Street, Suite 17071, New York, New York 10120 (the “Company”). Your use of the Website for any purpose is subject to the Terms and Conditions of Use that follow (the “Terms and Conditions”). Please read these Terms and Conditions carefully. You agree to and accept these Terms and Conditions by accessing or using the Website. If you do not agree then you should leave the Website immediately. If you breach any of the Terms and Conditions of Use your authorization to use the Website automatically terminates.
The Company reserves the right to change the Terms and Conditions of Use from time to time in its sole discretion. Your use of the Website will be subject to the most current version of the Terms and Conditions of Use displayed on the Website at the time of such use. Accordingly, you should read the Terms and Conditions of Use carefully each time you use the Website, as the Terms and Conditions may have changed since you last read them. The “last revised” date shown at the top of these Terms and Conditions shows the date of the last revision.
A hard copy of these Terms and Conditions of Use is available to you by printing these Terms and Conditions directly from the Website, or by e-mailing us your request for a copy of the Terms and Conditions, along with your mailing address, at [email protected].
Intellectual Property Rights
The materials and content on the Website, including text, graphics, logos, button icons, images, audio or video clips, data compilations and software, as well as their selection and arrangement, are protected by copyright and/or other intellectual property laws, including laws of the United States and other countries, treaties and international conventions and are the property of the Company, its affiliates or suppliers. Any unauthorized use of the materials or content available on the Website may violate such laws. The Company does not grant any express or implied right or license under any copyright or other intellectual property in any material or content on the Website, except as authorized in these Terms and Conditions. You may print, download and store copies of material on the Website for your own personal, non-commercial use. You may not charge anyone for use of the material and you may not publish or otherwise distribute the material to others. You may not modify the material in any way without the prior written consent of the Company or the applicable copyright owner.
briarwood-home.COM™, WORLD HOME FASHION™, BRIARWOOD HOME™ and certain other names or logos displayed on the Website are trademarks, service marks or trade dress owned or licensed by the Company, and all related products and service names, design marks and slogans are the service marks or trademarks of the Company or its licensors, or of the suppliers of the products or services identified. The foregoing intellectual property is protected by the trademark laws and other intellectual property laws of the United States and other countries, and by international treaties and conventions. Elements of the Website, including, but not limited to the “look” and “feel” of the Website, are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
All information, ideas, suggestions or other communications you transmit to the Company concerning the products or materials on the Website, or other products or materials, shall be on a non-confidential basis and shall become the property of the Company. The Company and its affiliates shall be free to reproduce, use, disclose or distribute such communications without limitation, compensation to you or any other obligation.
The Company enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning intellectual property rights in materials on the Website, you may write to the Company at 112 West 34th Street, Suite 17071, New York, New York 10120 or email us at [email protected].
Acceptable Use of the Site
The Website and its services are intended to be used for the lawful purchase of the products available on the Website by United States residents for delivery within the United States. The Website may be used only for lawful purposes consistent with the foregoing. It is your responsibility to ensure that your use of the Website complies with these Terms and Conditions of Use. As one of the conditions of your use of the Website, you represent, warrant and agree, as the case may be, to the Company that:
(a) you will not use (or encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions of Use or by applicable law;
(b) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials that:
(c) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials anonymously or under a false name;
(d) you will represent yourself accurately and truthfully at all times;
(e) you grant the Company the right to verify independently by any lawful means any information that you transmit to the Company through the Website, including, but not limited to, information about yourself;
(f) you will not modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the Website, or any element of it for any reason, except as expressly permitted by applicable law; and
(g) you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website or its content, or any substantial part thereof, without the Company’s prior written consent.
Use and Protection of User Name and Password
If you establish, or are issued, a user name and password for the purpose of making purchases through the Website or gaining access to restricted areas of the Website, if any, you are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer. You are no longer authorized to use, and you may not use, the user name and password if, at any time, you are no longer authorized to make purchases through, or have access to any restricted areas of, the Website, or if the conditions which entitle you to access cease to exist. You are responsible for all uses of your user name and password whether or not you have expressly or impliedly authorized such use. The Company is entitled to rely on your compliance with the foregoing, and to assume that any person making purchases or accessing restricted areas of the Website using your user name and/or password is you, or is authorized by you to enter into agreements or make warranties or representations on your behalf.
You agree to indemnify, defend and hold harmless the Company, and all its officers, directors, members, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or any use of your user name and password, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.
When you communicate with the Company through the Website or send us emails you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Accuracy of Website Material
The material contained on the Website has been checked for accuracy; however, all material is provided without express or implied warranties and the Company does not warrant that product descriptions or other content on the site are accurate, complete, reliable, current or error free or assume responsibility for any errors or omissions in the material.
Copyright Infringement Notice
If you believe that any material on the Website infringes a copyright that you own or are authorized to represent, please provide the Company with a written notice (e-mail is sufficient) that includes the following information: (a) electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The above notice should be provided to the Company’s copyright agent for notice of claims of copyright infringement on the Website, at [email protected].
Links to Other Sites
You are prohibited from taking any actions that will violate or attempt to violate the security of the Website, including, without limitation (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus, worm or Trojan horse to, overloading, “flooding”, “mailbombing” or “crashing” the Website; or (d) sending unsolicited e-mail (other than e-mail to us regarding the Website or the goods sold through the Website) promoting and/or advertising products or services (all of the foregoing, the “Security Rules”). Attempts to violate, or violations of, system or network security or the Security Rules may result in civil or criminal liability. The Company will investigate occurrences which may involve any such attempts or violations, may report them to law enforcement agencies, and may cooperate with law enforcement agencies in prosecuting users who are involved in such violations or attempted violations.
LIMITATION OF WARRANTIES AND DISCLAIMERS
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS OF USE, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY, ITS AFFILIATES, PARENTS AND SUBSIDIARIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT OR WEBSITE AVAILABILITY. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT THE SERVICES OFFERED ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS APPLICABLE LAW REQUIRES.
WEBSITE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, INCLUDING, BUT NOT LIMITED TO, ERRORS CONCERNING PRICING, AND THE COMPANY SHALL NOT BE BOUND THEREBY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR ITS CONTENT. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE, AND YOU AGREE TO USE THE WEBSITE AT YOUR OWN RISK. THE COMPANY MAY CHANGE THE WEBSITE AT ANY TIME AND RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INTERNET GENERALLY.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, ITS CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF (A) $100.00 OR (B) THE DOLLAR AMOUNT OF PURCHASES YOU MADE THROUGH THE WEBSITE DURING THE TWELVE MONTHS PRIOR TO THE DATE THE CLAIM AROSE, OR SUCH LARGER AMOUNT AS APPLICABLE LAW REQUIRES.
By visiting the Website you agree that the laws of the State of New York, without regard to principles of conflict of laws, and any applicable United States federal law, will govern your use of the Website, the interpretation of the Terms and Conditions of Use and any dispute of any sort relating to your use of, or purchases through, the Website that might arise between you and the Company. The Company makes no representation that the content, materials, services or information available on the Website are appropriate for access outside of the United States and accessing them from jurisdictions where they, or any of them, are illegal is prohibited. Those who choose to access this Website from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with applicable local laws.
Any dispute arising out of or relating in any way to your visits to the Website or to products or services you purchase through the Website shall be submitted to confidential arbitration before a single arbitrator in the County and State of New York, except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction in the County and State of New York and you consent to jurisdiction over you by and exclusive venue in such a court. Arbitration under this agreement shall be administered by JAMS under the then prevailing JAMS Streamlined Arbitration Rules and Procedures. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. No arbitrator’s award shall be given preclusive or collateral estoppel effect in subsequent arbitration proceedings pursuant to this provision or other similar provisions. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. The parties further agree that neither shall commence any litigation against the other arising out of this Agreement or the termination thereof as to any matter not subject to arbitration or with respect to any arbitration proceeding or award, except in a state or federal court of competent jurisdiction located in the County and State of New York. You consent to jurisdiction over you by and exclusive venue in such a court.
Changes to Terms and Conditions of Use
The Company reserves the right to change the Terms and Conditions of Use at any time and from time to time in its sole discretion. Your use of the Website will be subject to the most current version of the Terms and Conditions of Use posted on the Website at the time of such use. If the Company changes these Terms and Conditions of Use, we will post an updated policy on the website. You can tell if the policy has changed by checking the last revision date that appears. If you have not read the Terms and Conditions since the date of the last change, please read the revised Terms and Conditions, as they will govern your use of the Website. Your continued use of this site after we post such notice will constitute your acceptance of the new Terms and Conditions.
Complaints, Questions or Comments
If you have any complaints, questions or comments about these Terms and Conditions of Use, the Website and/or the Content, or wish to contact us for any other reason, our contact information is as follows:
Mail Address: 112 West 34th Street, Suite 17071, New York, New York 10120
Telephone: (917) 392-5753
Email: [email protected]
II. Terms and Conditions of Purchases and Sales (Last Revised 10/5/2016)
By placing an order with WORLD HOME FASHIONS INC (the “Company”) at its Website briarwood-home.com, you agree that the Terms and Conditions in this Section II of the Terms and Conditions of Website Use, as well as all applicable terms in Section I, apply to all aspects of your order. These Terms and Conditions are subject to change at any time without notice, however, the Terms and Conditions in effect when you place your order will govern that order. Later changes will apply to subsequent orders.
Please contact us before placing an order if you have any questions about these Terms and Conditions.
When you submit an order using the Website, the Company will follow the following procedures:
- Your credit or debit card will be charged upon processing of your card details, which will be initiated when your order has been submitted on the Website.
- You will receive a prompt email from us confirming your order. This email does not constitute acceptance of your order.
- All orders are subject to acceptance and product availability. Your order will be considered accepted when the goods are shipped to you.
- In periods of high demand certain items may not be available for immediate shipment even though they are marked “in stock.” If you order an item that is not in stock or backordered, we will so advise you and give you our best estimate of the time frame in which the item will be available. If the item is not expected to be available within thirty (30) days, we will ask you whether you want to maintain your order for the item or cancel it. Otherwise, we will ship the item as soon as available. If you wish to cancel your order for the item you, of course, may do so, in accordance with our cancellation policy set forth below under “Order Cancellations.”
- If we cannot fulfill your order, or if you cancel your order, we will refund any money paid within 30 days through the card used for payment.
You warrant that you are authorized to use the credit or debit card you are using to order from us and you have sufficient credit availability or funds. We will refer any fraudulent use of credit or debit cards to the relevant authorities for investigation and prosecution. You also warrant that all information provided in connection with placing your order is true and correct and that the goods you order are retail purchases and not for commercial resale.
If there are any changes to the information you supply concerning your order, including, but not limited to, your name or address, it is your responsibility to let us know as soon as possible to avoid misdirected orders.
Limits On Purchases
We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy.
Shipping charges depend on the country the goods are to be dispatched to at the time you place your order. They are calculated at the time of checkout and added to the merchandise total. Shipping charges are non-refundable in the event of return of the merchandise.
We accept the following credit or debit cards: Visa, Mastercard, American Express. All credit or debit card payments are subject to validation checks and authorization by the card issuer. If the issuer refuses to authorize payment to us we will not be liable for any delay or non-delivery.
Sales Taxes and Import Duties
If we are required to charge you state or local sales taxes, these will be added to your order when you checkout, or, if not, you will be notified of the additional charge before your order is shipped. In the event any import duty applies to your order you will be notified before the goods are shipped.
You may cancel your order at any time up to the point when it is processed. Once processed, your order cannot be cancelled. You may request cancellation by calling (917) 392-5753 or by emailing us at [email protected]. To cancel, please provide us with your name and address, your order identity number from your confirmation email and the products ordered. Where we notify you that items are backordered or will be delayed in delivery, your cancellation rights will be specified in our communications to you.
Please note: If you cancel an item that qualified you for a promotion or special discount, you may no longer receive that discount or promotion. This may result in goods which have already been shipped being charged at the price that would have applied if you had not initially ordered the cancelled item.
If you are not satisfied with your purchase for any reason you may return your purchase to us within thirty (30) days of receipt so long as it is in perfect condition and in its original packaging. Ship the returned items in accordance with the instructions included with your order. Upon receipt and confirmation of condition we will refund your purchase price through the card used for the purchase, less any applicable return shipping charge specified in the return instructions. Your original shipping charge is non-refundable. You may also exchange any item for a specified alternate item. Upon receipt of the exchanged item and confirmation of condition we will either refund any net amount due you through the card used for the purchase, or charge any net amount due us to the card used for the purchase or another card you specify.
We make every effort to reproduce colors on the Website as accurately as possible, however, color displays can be different depending on your computer settings. Accordingly, exact color matches are not always possible and the color of the product you receive may differ from the color you saw on the screen. If you are not satisfied with the color of any product you may return it in accordance with our return procedures noted above.
Prices and Other Information
The prices and other product information contained on the Website has been checked for accuracy; however, the Company does not warrant that prices, product descriptions or other content on the Website is accurate, complete, reliable, current or error free, or assume responsibility for any errors or omissions. All prices on the Website are subject to change without notice. Although we make every effort to provide you the most accurate, up-to-date information, occasionally, one or more items on the Website may be mis-priced. If a product is listed at an incorrect price due to typographical, photographic, or technical error, or error in pricing information received from our suppliers, the Company shall have the right to refuse or cancel any orders placed for products listed at the incorrect price.
Only one promotional offer may be used per order and promotional offers may be withdrawn at any time. Please note that products sold in our Clearance section constitute promotional offers.
LIMITATION OF WARRANTIES AND DISCLAIMERS
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS OF PURCHASES AND SALES, AND SUBJECT TO APPLICABLE LAW, ALL GOODS ARE SOLD ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY, ITS AFFILIATES, PARENTS AND SUBSIDIARIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, QUALITY OR THAT THE GOODS WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS APPLICABLE LAW REQUIRES.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, OR BUSINESS INTERRUPTION) RESULTING FROM ANY GOODS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF (A) $100.00 OR (B) THE DOLLAR AMOUNT OF PURCHASES OF GOODS FROM THE COMPANY YOU MADE DURING THE TWELVE MONTHS PRIOR TO THE DATE THE CLAIM AROSE, OR SUCH LARGER AMOUNT AS APPLICABLE LAW REQUIRES.