Terms and Condition of Use
BY VISITING, BROWSING, SHOPPING,
ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY WHOLESALE
INTERIORS YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. All phone-in
orders are bound by these terms and conditions the same as online transactions.
Important Information About This Legal
Contract
You agree to this User Agreement, and
all of its terms and conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are subject to change
without prior notice at any time, in Wholesale Interior's sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the Site after a
change has been posted to the Site, the Customer accepts that change. Customers
should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its
terms and conditions, constitute a legal contract between you and WHOLESALE
INTERIORS (References to "you" or "your" shall relate to a
customer of WHOLESALE INTERIORS or other party that visits, browses, shops,
accesses or otherwise uses the Site (the "Customer"); references to
"WHOLESALE INTERIORS" shall relate to WHOLESALE INTERIORS and its
affiliates.) By visiting, browsing, shopping, accessing or otherwise using this
site ("Site"), you acknowledge that you have read, understood, and
agree to be bound by this User Agreement and comply with all applicable laws
and regulations, including U.S. export and re-export control laws and
regulations. If you do not agree to this User Agreement, as it may be changed
by WHOLESALE INTERIORS from time to time, do not use this Site. The material
provided on this Site is protected by law, including, but not limited to,
United States copyright law and international treaties. This Site is controlled
and operated by WHOLESALE INTERIORS from its offices within the United States .
WHOLESALE INTERIORS makes no representation that materials in the Site are appropriate
or available for use in other locations, and access to them from territories
where their contents are illegal is not authorized. Those who choose to access
this Site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws.
Any claim relating to, and the use of,
this Site and the materials contained herein is governed by the laws of the
state of IL without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in Du Page County, IL to
hear any such claims. Any claims relating to product issues after receipt by
customer is governed by the laws of the state of Illinois without regard to
conflict of law rules. You consent to jurisdiction of the federal and state
courts located in Du Page County, IL to hear any such claims.
Access, Interference and Linking
WHOLESALE INTERIORS grants you a
limited license to access and make personal use of the Site and not to download
(other than page caching) or modify it, or any portion of it, except as
provided below under "Use Restrictions," or with express written
consent of WHOLESALE INTERIORS.
The following activity on the Site is
expressly prohibited: Any non-personal or commercial use of any robot, spider,
other automatic device, or manual process to monitor or copy portions of the
Site or the content contained herein without prior written permission by WHOLESALE
INTERIORS; collection or use of any product listings, descriptions, or prices,
from the Site for the benefit of another merchant that supplies products
competitive with or comparable to those offered on the Site; and, Any use of,
visits to, or other action that imposes an unreasonable or disproportionately
large load on the Site, or otherwise interferes with its proper and timely
functioning.
Any unauthorized use terminates the
license granted by WHOLESALE INTERIORS.
You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of the Site so
long as the link does not portray WHOLESALE INTERIORS, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any WHOLESALE INTERIORS logo or other proprietary
graphic or trademark as part of the link without express written permission.
WHOLESALE INTERIORS does not review or
control third-party sites that link to or from the Site, and is not responsible
for the contents of any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided
on this Site is held by WHOLESALE INTERIORS or by the original creator of the
material. Except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the
prior written permission of WHOLESALE INTERIORS or the copyright owner.
Permission is granted to display, copy, distribute and download the materials
on this Site for personal, non-commercial use only, provided you do not modify
the materials and that you retain all copyright and other proprietary notices
contained in the materials. This permission terminates automatically if you
breach any of these terms or conditions. Upon termination, you must immediately
destroy any downloaded or printed materials. You also may not, without WHOLESALE
INTERIORS 's prior written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use of any
material contained on this Site may violate copyright laws, trademark laws, the
laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered
trademarks are the sole property of their respective owners. Photographs
courtesy of respective manufacturers.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, SHALL WHOLESALE INTERIORS BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO
USE, THE MATERIALS ON THIS SITE, EVEN IF WHOLESALE INTERIORS OR A WHOLESALE
INTERIORS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR
SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS
THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Privacy
Please review our Privacy Notice, which
also governs your visit to this Site.
You are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. If you are under 18, you may use the Site only
with a parent or guardian. WHOLESALE INTERIORS reserves the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in its
sole discretion.
Communications to WHOLESALE INTERIORS
Any communication or material you
transmit to the Site by electronic mail or otherwise, including any data,
questions, comments, suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or post may be used
by WHOLESALE INTERIORS for any purpose, including but not limited to
reproduction, disclosure, transmission, publication, broadcast, and posting.
Furthermore, WHOLESALE INTERIORS is free to use any ideas, concepts, know-how,
or techniques contained in any communication you send to WHOLESALE INTERIORS or
the Site for any purpose whatsoever, including but not limited to developing,
manufacturing and marketing products using such information.
Copyright Complaints
If you believe that your work has been
copied in a way that constitutes copyright infringement, please contact:
WHOLESALE INTERIORS
222 West Roosevelt Road, Lombard, IL 60148
Phone:800-517-0717
Email: sales@baxtonstudio.com
Disagreement with These Terms and
Conditions
If you disagree with any of the terms
and conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
PLEASE READ THESE TERMS AND CONDITIONS
OF SALE (" SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS
AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE
AGREEMENT WITH WHOLESALE INTERIORS. IN WHICH CASE THE SEPARATE AGREEMENT SHALL
GOVERN).
Important Information About This Legal
Contract
This Sale Agreement is a legal contract
between the Customer and WHOLESALE INTERIORS. The Customer accepts this Sale
Agreement by making a purchase, placing an order, or otherwise shopping on the
Site. (References to "you" or "your" shall relate to the
Customer; references to "WHOLESALE INTERIORS" shall relate to WHOLESALE
INTERIORS and its affiliates.) The terms and conditions of this Sale Agreement
are subject to change without prior notice, except that the terms and
conditions posted on the Site at the time the Customer initially places or
modifies an order will govern the order in question.
This Sale Agreement constitutes the
entire agreement between the Customer and WHOLESALE INTERIORS relating to the
purchase or sale of goods or services on the Site. The Sale Agreement may only
be modified or terminated with regard to goods or services that have been
purchased or sold on the Site in a writing signed by WHOLESALE INTERIORS.
Electronic records (including signatures), that are otherwise valid, shall be
accepted under the Sale Agreement. The Customer consents to receiving electronic
records, which may be provided via a web browser or e-mail application
connected to the Internet; consumers may withdraw consent to receiving
electronic records or have the record provided in non-electronic form by
contacting WHOLESALE INTERIORS at the address provided below.
In the event of any conflict between
the terms and conditions stated on your purchase order and this Sale Agreement
or any terms and conditions on our invoice, you agree that the provisions of
this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER
SHALL BE GOVERNED BY THE LAWS OF THE STATE OF IL , WITHOUT REGARD TO CONFLICTS
OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR
STATE COURTS LOCATED IN Du Page COUNTY, IL FOR PURPOSES OF ANY SUIT, ACTION OR
PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased
is retained by the seller until goods are paid for by the purchaser and at that
time title passes to the purchaser.
Export Sales
If goods herein being purchased are
being purchased for purposes of export, the Customer must obtain from the
federal government certain export documentation before shipping to a foreign
country.
General Legal Disclaimer
WHOLESALE INTERIORS HEREBY EXPRESSLY
DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS DISCLAIMER BY WHOLESALE INTERIORS IN NO WAY AFFECTS THE TERMS OF
THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access
services from an Internet access provider. Contact your local access provider
for rates, terms and conditions.
Pricing and Information Disclaimer
All pricing subject to change. For all
prices, products and offers, WHOLESALE INTERIORS reserves the right to make
adjustments due tochangingmarket
conditions, product discontinuation, manufacturer price changes, errors in
advertisements and other extenuating circumstances. High volume bids are
welcome!
Should you request a price adjustment after your order has been submitted as
well as after a price drop has occurred on the product purchased, it is at the
sole discretion of WHOLESALE INTERIORS whether or not a price adjustment will
be honored.
While WHOLESALE INTERIORS uses
reasonable efforts to include accurate and up-to-date information on the Site, WHOLESALE
INTERIORS makes no warranties or representations as to the Site's accuracy. WHOLESALE
INTERIORS assumes no liability or responsibility for any errors or omissions in
the content on the Site. All dimensions are provided by the manufacturer and
are assumed correct. WHOLESALE INTERIORS will not provide any Returns, Refunds
and/or Considerations for inaccurate measurements. Color scans found on WHOLESALE
INTERIORS website were done to the best of our ability and may vary from
computer monitor to monitor. For an accurate color selection, please visit our
warehouse.
ADA Compliance and Disclaimer
Wholesale Interiors is committed to facilitating the accessibility and usability of its Web site for all people with disabilities. Working with a retained accessibility consultant, it is planning to implement over time the relevant portions of the World Wide Web Consortium's Web Content Accessibility Guidelines 2.0 Level AA (WCAG 2.0 AA) as its web accessibility standard or other standards to the extent required by the Americans with Disabilities Act (‘ADA”). Our website will be tested on a periodic basis with assistive technology such as screen readers and screen magnifiers, and with users with disabilities who use these technologies. Please be aware that our efforts are ongoing. If, at any time, you have specific questions or concerns about the accessibility of any particular Web page on our website, please contact us at sales@baxtonstudio.com or call 1-800-517-0717. If you do encounter an accessibility issue, please specify the Web page(s) to which access is sought, and we will make all reasonable efforts to make that page accessible for you.
Limitation of Liability
WHOLESALE INTERIORS WILL NOT BE LIABLE
FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT,
OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. WHOLESALE
INTERIORS WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR
USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY
LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, WHOLESALE INTERIORS
IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE
DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon WHOLESALE
INTERIORS until accepted by WHOLESALE INTERIORS. Terms of payment are within WHOLESALE
INTERIORS's sole discretion. Invoices are due and payable within the time
period noted on the invoice, measured from the date of the invoice. WHOLESALE
INTERIORS may invoice parts of an order separately. Customer agrees to pay
interest on all past-due sums at the highest rate allowed by law. The Customer
is responsible for sales and all other taxes associated with the order.
Once the Customer submits an order online or through the phone to WHOLESALE
INTERIORS, the payment will be processed automatically. In cases of backorder
items, Customer has the right to cancel the order for full refund. WHOLESALE
INTERIORS will only be able to hold inventory for pre-orders with complete
payment.
Return Policy
If you are unsatisfied for any reason
you can return your item with a 30% restocking fee plus shipping both ways
within 5 days of receipt of the item. We will be happy to provide freight bills
to calculate the total cost. We will refund your money via check or to the card
used for original purchase after the items is received back into your
warehouse. We would like to stress that we want happy customers!
After 30 days since delivery of your
order to you or your delivery address, WHOLESALE INTERIORS will not cover or
otherwise provide compensation for any damages or defects to your
product. Please have your item returned to us within 30 days to be
eligible for a refund, partial refund, or replacement.
Check payment policy
WHOLESALE INTERIORS will accept
personal or business checks up to $12,000 at our warehouse location, subject to
verification. WHOLESALE INTERIORS will accept personal and business checks for
prepay orders, but allow 10 business days for clearing.
SHIPPING
If a customer wishes to ship freight
via third party billing WHOLESALE INTERIORS requires a credit card number to
secure potential freight charge backs.
In the event that a shipping company charges WHOLESALE INTERIORS back as the
shipper for your shipment for any reason, WHOLESALE INTERIORS reserves
the right to charge the credit card you provided for the costs associated with
your shipment. Actual freight bill charges will be furnished upon request.
We will not accept third party billing
arrangements for merchandise that was paid for in cash, check or PayPal. Only
Visa, Master Card, or American
Express are acceptable forms of payments.
Inaccuracy Disclaimer
From time to time there may be
information on our Web Site that contains typographical errors, inaccuracies,
or omissions that may relate to product descriptions, pricing, and
availability. Actual products may differ in color due to lighting conditions,
monitor settings, brands and variations in wood grain. WHOLESALE INTERIORS
reserves the right to correct any errors, inaccuracies or omissions and to
change or update information at any time without prior notice (including after
you have submitted your order).