These terms and conditions govern the sale of Products (“Product or Products”) and provisions of services (“Services”) by roomsbeautiful.com (“Seller”). Buyer’s acceptance of the Order(s) and/or Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.
1. Orders: All orders placed by Buyer are subject to acceptance by Seller. Finalized orders may not be cancelled or rescheduled without Seller’s written consent. Seller may designate Products and Services as non-cancelable, non-returnable (“NCNR”) .
2. Prices: The prices of the Products are those prices specified on the Order and/or Invoice. The prices do not include installation. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.
3. Payment: Payment may be made by check, money order, credit card, PayPal, money transfer or wire transfer. On any past due invoice, Seller may impose interest at the rate of one and a half percent [1.5%] per month. If Buyer fails to make each payment when it is due, Seller reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which Seller has extended credit to Buyer. In the event of default by Buyer, Seller shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.
4. Delivery: Seller’s delivery dates are estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of Seller, nor shall the carrier be deemed an agent of Seller. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries. The risk of loss pass to the Buyer upon delivery of the Product to the carrier.
5. Returns, Refunds and Exchanges:
Returns: Only products designated by seller as non-custom made products will be considered for return or exchange to Seller. All custom made products are non-cancelable, non-returnable (“NCNR”), and will not be accepted for return or exchange. Any return must be in the original packaging and in unused condition except if approved for failure analysis/warranty evaluation by a seller's representative via a Return Material Authorization (RMA).
Exchanges or Refund: Any item for exchange or refund must be in new condition and in the original packaging. Exchanges or refund must be requested within 30 days of ship date. Defective item(s) may be exchanged/returned for the same item.
Return Freight / Restocking Fee: Seller reserves the right to charge cancellation and restocking fees of certain Products to be deducted from the Buyer's refund. Seller does not refund the original shipping and handling fees. Buyer is responsible for all return freight charges.
Refund date: Upon receipt and inspection of returned item(s), Seller initiates credits via the original method of payment within one week of approval. Refunds via credit card can take up to 10 business days to post to the account.
6. Limited Warranty: Seller will transfer to Buyer any Product warranties and indemnities authorized by the manufacturer, including any transferable warranties. Seller warrants to Buyer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such products and that any value-added work performed by Seller on such Products will conform to applicable Buyer’s specifications. If Seller breaches this warranty, Buyer’s remedy is limited to (at Seller’s election) (1) repair of such Products, or (2) replacement of such Products; provided that such Products must be returned to Seller, along with acceptable evidence of purchase, within 20 days from date of delivery, transportation charges prepaid. (3) refund of Buyer’s purchase price for such Products (without interest), minus any usage charges calculated based on percentage of the number of dates elapsed from such Products being delivered vs. number of dates of warranty period. No warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification. Seller makes no warranty respecting the merchantability of the products or their suitability or fitness for any particular purpose, non-infringement of third party rights and warranties against latent defects.
7. Limitation of liabilities: Buyer shall not be entitled to, and Seller shall not be liable for, loss of profits or revenue, installation or removal costs, promotional or manufacturing expenses, overheads, business/personal interruption cost, loss of data, injury to reputation or loss of Buyers, punitive damages, intellectual property rights infringement, loss of contracts or orders or any indirect, special, incidental or consequential damages of any nature. Buyer’s recovery from Seller for any claim shall not exceed the purchase price paid for the affected products irrespective of the nature of the claim whether in contract, tort, warranty, or otherwise. Buyer will indemnify defend and hold seller harmless from any claims based on (a) Seller’s compliance with Buyer’s designs, specifications, or instructions, (b) modification of any products by anyone other than Seller, or (c) use in combination with other products.
8. Use of Products: Unless otherwise noted, Products sold by Seller are not designed, intended or authorized for use in life support, life sustaining, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If Buyer uses or sells the Products for use in any such applications: (1) Buyer acknowledges that such use is at Buyer’s sole risk; (2) Buyer agrees that Seller and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold Seller and the manufacturer of the Products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
9. Technical Assistance or Advice: Technical assistance or advice are offered or given to Buyer free of charge and only as an accommodation to Buyer. Such technical assistance or advice are limited in scope and duration determined by the Seller. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied.
10. Force Majeure: Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.
11. Governing Law: The laws of the State of Oregon will exclusively govern any dispute between Seller and Buyer. Any legal suit, action or proceeding shall be commenced in a court in the County of Marion, Oregon, and the appellate courts thereof, and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding. With respect to any litigation, the parties expressly waive any right they may have to a jury trial and agree that any such litigation shall be tried by a judge without a jury.
12. Updates to the Terms: The Seller reserves the right, at its discretion, to change, modify, add, or remove portions of these terms and conditions at any time by posting the amended terms and conditions on the Seller's website. Please check these terms periodically for changes. Buyer's continued use of the Seller's website and/or Products and/or Services after the posting of changes constitutes Buyer's binding acceptance of such changes.