Wallcovering, wallcoverings, wallpaper, wallpaper borders at Wallpapers 'N

Terms and Conditions of Sale

Terms and Conditions 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 'N MORE (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 'N MORE (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 product that are available through this Site. These terms and conditions are an integral part of the Site Terms and Conditions of Use that apply 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. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

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 are a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products which are offered on our Site.

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 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 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. Charges for shipping and handling will be made in accordance with the then-current shipping policies of our supplier, The Imperial Home Decor Group, Inc. ("Imperial").

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 and Trademarks.

The descriptions of products that are posted on our Site are the representations of Imperial. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Imperial, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.

All trademarks and registered trademarks relating to products available through our Site are the sole property of Imperial, and all photographs are courtesy of Imperial.

5. Disclaimer and Limitation of Liability.

Our responsibility for defects relating to the products available on our Site is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS.

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WALLPAPERS 'N MORE OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR "AFFILIATES") HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF WALLPAPERS 'N MORE IS AUTHORIZED TO MODIFY THIS LIMITATION.

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 ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE. 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.

Most of the products available through our Site are covered under Imperial's product warranty. If applicable, Imperial's warranty applies from the date of shipment. Please click here to view Imperial's current Warranty Information.

You understand that we do not operate or control the products offered by Imperial, and you agree that under no circumstances will we be liable for any damages arising out of the failure of Imperial to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products that you may purchase through our Site.

For more information regarding our warranty and return policy, please contact us by e-mail at INFO@WALLPAPERSNMORE.COM or by regular mail at WALLPAPERS 'N MORE, 570 WORCESTER RD , FRAMINGHAM, MA 01702, Attention: Customer Service. In addition, you may contact us by telephone at 5088200189.

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 5088200189 within the United States and Canada. We cannot accept orders from outside the United States or 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@WALLPAPERSNMORE.COM` or by mail at WALLPAPERS 'N MORE, 570 WORCESTER RD , FRAMINGHAM, MA 01702, Attention: Customer Service. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.

Except as explicitly noted on this Site, the products available through this Site are offered by WALLPAPERS 'N MORE, EE'S HOME DECORATING CENTERS, INC MA, located at 570 WORCESTER RD , FRAMINGHAM, MA 01702. Our telephone number is 5088200189.

10. 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.

11. 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 MA, 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 MA, by accessing this Site both of us agree that the statutes and laws of the State of MA, 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 'N MORE 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.

05/02/2001