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JAMIESHOP.COM, ("JAMIE by Jamie Herzlinger"), JAMIE ("JAMIE"), Terms and Conditions of Use ("Terms and Conditions")
In using this website you are deemed to have read and agreed to the following Terms and Conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and any or all Agreements. "Client", "You" and "Your "refers to you, the person accessing this website and accepting the Company's Terms and Conditions. "The Company", "Site", "Ourselves", "We", "Us", "JAMIE", "JAMIE by Jamie Herzlinger", "JAMIESHOP.COM", "Jamie Herzlinger Interiors" and "Jamie Herzlinger" refers to our Company. "Services" refers to any business conducted with our company. "Party", "Parties" or "Us" refers to both the Client and ourselves or either the Client and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and or he/she or they are taken as interchangeable and therefore as referring to the same.
By accessing the JAMIESHOP.COM website (jamieherzlinger.com or jamieshop.com) you agree and represent that you are legally entitled to do so and make use of information available on the website. You may not use the Services offered by this website if you do not accept the Terms and Conditions. To verify your agreeance to the Terms and Conditions, you must consent by clicking the "accept" button during the Client Registration and Check Out Process. If you do not agree with the following TERMS AND CONDITIONS do not use this site.
While JAMIESHOP.COM has made every effort to maintain accurate information on this website, the information contained herein may contain errors or omissions. JAMIESHOP.COM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND CONCERNING THE ACCURACY OR SUITABILITY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS" AND WITH SPECIFIC DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, TITLE AND/OR NON INFRINGEMENT. JAMIESHOP.COM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES THAT HOST THE SITE ARE FREE FROM VIRUSES OR OTHER FORMS OF HARMFUL COMPUTER CODE. IN NO EVENT SHALL JAMIESHOP.COM OR ITS EMPLOYEES OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THESE PAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE.
All content on the JAMIESHOP.COM website including, text, graphics, logos, button icons, images, home design portfolio images, audio clips, digital downloads, videos, compiled data and software is the property of JAMIESHOP.COM. The content posted on this website is exclusive property of JAMIESHOP.COM and is protected by international copyright laws. You may not download or save a copy of any of the content or screens except as otherwise stated in these Terms and Conditions. You may only save a copy of the information in the Site solely for your personal use or records. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used by us in any manner.
You agree that all graphics, logos, page headers, button icons, scripts and service names are trademarks, registered trademarks or trade dress of JAMIESHOP.COM (or its licensors) in the United States. As a user of our Services, you do not and will not have any right to use such trade names, trademarks, service marks, logos, domain names and other distinctive brand features. All other trademarks not owned by JAMIESHOP.COM that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by JAMIESHOP.COM.
You acknowledge and agree that JAMIESHOP.COM (or JAMIESHOP.COM by Jamie Herzlinger's licensors) own all legal rights, titles and interest in the JAMIESHOP.COM website and JAMIESHOP.COM Services, including any intellectual property rights which subsist on the Services (whether those rights happen to be registered or not and wherever in the world those rights may exist). You agree that you shall not modify, alter, remove or obscure any propriety rights, notices (including copyright and trademark notices) which may be affixed to or contained within the Services. You agree that you will not use any of the intellectual property, proprietary information or other materials contained in the Services in any way whatsoever except for use on the Services in compliance with this Agreement.
LICENSE AND SITE ACCESS
JAMIESHOP.COM grants limited access to JamieHerzlinger.com and prohibits any modification of it, or any portion without the written consent of JAMIESHOP.COM, Jamieherzlinger.com or any portion of the site may not be reproduced, duplicated, copied, sold, resold, visited or exploited for any commercial purpose without written consent from JAMIESHOP.COM. You may not use any information including images, text, page layout or form without written consent. JAMIESHOP.COM grants users a limited, nonexclusive right to create a hyperlink to the homepage of Jamieherzlinger.com as long as the link does not portray JAMIESHOP.COM, its associates or their products or services in a false, misleading or derogatory manner. You may not use logos or other graphics or trademarks as part of the link without written permission from JAMIESHOP.COM. You agree that in connection with your use of the JAMIESHOP.COM site you must provide your own access to the internet and provide all equipment necessary for you to have access and connection to the internet. JAMIESHOP.COM is not responsible for any errors, crashes or other adverse effects caused by using the JAMIESHOP.COM site.
We are committed to protecting your privacy. We promise responsibility in the handling of all sensitive and personal customer information. The following details our policy regarding the information we collect from our customers and its users. By using this website you agree to the terms of this policy.
Users can access limited features of the JAMIESHOP.COM website without disclosing personal information. In order to access the entire JAMIESHOP.COM website, users are required to register for an account which will provide the registrant with expanded access to the JAMIESHOP.COM website.
Information concerning your computer hardware and software is automatically collected and may be shared within JAMIESHOP.COM and its service providers. This information may include your IP address, browser type, domain names, access times and referring website addresses. JAMIESHOP.COM may use this information to maintain the quality of its service and to provide general statistics about visitors. JAMIESHOP.COM may store data and process orders in the United States or any other country in which JAMIESHOP.COM manufacturers, subcontractors or suppliers maintain facilities. By using the JAMIESHOP.COM website, you consent to any such transfer of information outside your country.
Authorized employees within the company on a need to know basis only use information collected from individual customers. We review our systems and data to ensure the best possible service to our customers. JAMIESHOP.COM will investigate actions against computer systems and data with a view of prosecuting and/or taking civil proceedings to recover damages against those responsible.
JAMIESHOP.COM collects and uses your personal information in order to operate the JAMIESHOP.COM website and to provide its online and electronic services. This collection of your email address, name, address and billing information (i.e. credit cards) during use of site enables JAMIESHOP.COM to send you any requested emails or other necessary correspondence in relation to Services. At the time of registration and billing, you will be included in our mailing list for JAMIESHOP.COM email broadcasts regarding JAMIESHOP.COM product news, services, online magazine and special offers or events. Registrants can unsubscribe to these newsletters or email broadcasts at any time by updating registration account information online.
We do not sell, share or rent your personal information to any third party or use your email address for unsolicited mail and/or email. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Client records are regarded as confidential and therefore will not be divulged to any third party other than manufacturer, subcontractors, and suppliers. JAMIESHOP.COM reserves the right to share such information with the companies we work with in connection to your orders and services without your permission. Clients have the right to request sight of and hard copies of any and all Client Records we keep on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information or copies of records.
JAMIESHOP.COM sometimes hires other companies to provide limited services on our behalf, such as sending newsletters, emails, announcements and the like, providing customer service and performing statistical analysis of our services. We will only provide those companies with the information that they need to provide us with such services and we prohibit them from using that information for any other purpose.
We reserve the right to disclose your personal information without notice if required to do so by law or in the good faith belief that such action is necessary to comply with legal requirements or comply with legal process served on JAMIESHOP.COM, to protect and defend the rights or property of JAMIESHOP.COM and act under urgent circumstances to protect the personal safety of users of JAMIESHOP.COM for the public.
INFORMATION FROM OTHER SOURCES
The personal information you provide to JAMIESHOP.COM is held on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. If you choose to become a client on the JAMIESHOP.COM website, you will be required to select a password. This password can be changed at any time after you first log into the service by using your current password. You must keep your password confidential and you must not share this information with anyone, if you share a computer with anyone, you should always log out of the JAMIESHOP.COM website before leaving it to prevent access to your information from subsequent users of that computer.
Cookies are used for convenience and to save you time when you next visit the JAMIESHOP.COM website. The purpose of a cookie is to tell the web server that you have returned to a specific page so that when you visit the site again, the experience will be personalized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies but you can usually modify your browser setting to decline cookies if you prefer. If you choose to set your computer to accept cookies from the JAMIESHOP.COM website, you may also choose to be logged into the JAMIESHOP.COM website automatically. If you choose to decline cookies you may not be able to fully experience the interactive features of the JAMIESHOP.COM website or the other websites that you visit and you may experience technical problems receiving current information from such cookie-disabled websites.
JAMIESHOP.COM services are exclusively for users who have obtained a user identification and password by completing a registration process described on the JAMIESHOP.COM website. JAMIESHOP.COM may reject client registration if all required client credentials are not met.
You can access some of the information that we collect and process about you. For example, you can access information regarding emails sent to the JAMIESHOP.COM website, personally identifiable information (including name, email, password and contact information), payment settings and prior order history.
A Special Note about Children: Children are not eligible to use our services and all minors (under the age of 18) should not submit any personal information to us.
To create an account, you must qualify and agree to the terms and conditions set forth below. Failure to qualify and continuously abide by any of the following terms and conditions constitutes a breach of this agreement. You agree and warrant that:
You may only have one account. You are prohibited from holding more than one account. Your single account must be registered under your current full legal name, your email address and your current legal address. Any other name or account using a name other than your current legal name will be subject to immediate termination under this agreement.
If you use the site, you are responsible for keeping your account and password confidential and restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. We are not responsible for any losses or problems you suffer as a result of your disclosure of you login or password information to anyone else. JAMIESHOP.COM and all associates have the right to refuse service, terminate accounts, remove or edit content or edit orders on discretion.
JAMIESHOP.COM reserves the right (but does not undertake the obligation) to conduct a review at any time to validate your account information collected under this agreement to ensure that your participation in the JAMIESHOP.COM website does not breach this agreement and/or applicable law. You authorize JAMIESHOP.COM and our agents to make any inquires of you and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, you agree to provide sufficient information or documentation as JAMIESHOP.COM, in its discretion, may request. If you do not provide such information within ten days of our request, your responses are incomplete or otherwise insufficient. If JAMIESHOP.COM cannot verify the information applicable to your account submitted pursuant to this agreement, your account may be terminated as set forth hereunder.
You agree not to submit, upload or post any content to this site which defames, invades privacy or is obscene, pornographic, abusive, harmful to minors or threatening. You may not infringe on any intellectual property or other right of any person or entity including but not limited to violating anyone's copyrights, patents, trade secrets, trademarks, trade names or other propriety right of a third party. You may not upload any content that contains viruses, corrupted files or other materials that may cause damage to any computer.
LIMITATIONS OF LIABILITY
JAMIESHOP.COM, our company and our licensors are not liable to you for:
The limitations on JAMIESHOP.COM liability to you in this paragraph shall apply whether or not JAMIESHOP.COM has been advised of or should have been aware of the possibility of any such losses arise.
RELEASE AND INDEMNITY
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any and all claims or demands.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any and all claims or demands.
Damages, obligation, losses, liabilities, costs or debt and expenses including but not limited to attorney's fees arising from: (i) your use and access to this site; (ii) your violation of any of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; (iv) any claim by a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of this site.
If you have a dispute with any third party provider, you release JAMIESHOP.COM and our officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature known and unknown, arising out of or in any way connected with such disputes. Accordingly, you agree to waive the benefit of any law, including to the extent applicable that otherwise might limit your waiver of such claims. Such code section says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
JAMIESHOP.COM and its associates attempt to be as accurate as possible. However, our Company does not warrant that product descriptions or other content of this site is complete, current, or error-free.
ORDERING FROM MANUFACTURER'S RESOURCE
You will have access to the JAMIESHOP.COM Request a Quote Form once you set up your account. Prices are quoted at "to the trade" net. Prices are subject to change and all pricing provided to clients are quotes, not an offer. Confirmed pricing will be established once JAMIESHOP.COM receives confirmed order. Quotes are valid for 20 days. All prices are in US dollars. A 25% fee will be charged on all purchases. You are responsible for paying all applicable taxes associated with our site and services in a timely manner with a valid payment method. Sales tax will be applied to all orders shipping to Arizona, New York and Connecticut.
All orders will be acknowledged in writing after the order is processed and deposit received. Please review the order acknowledgement carefully to ensure accurate interpretation of the specifics of the order. JAMIESHOP.COM should be notified immediately of any discrepancies. The acknowledgement must be signed and returned to JAMIESHOP.COM before any work will be started on the order.
Lead Times for Orders
1. A custom order refers to items purchased from a manufacturer that are not in stock, therefore, made to order.
Standard lead times vary from manufacturer, an estimated lead time will be provided on your quote. The lead time is calculated starting upon the date that all the following are received:
Please remember that lead times, quoted completion dates and quoted delivery dates are estimates only. Due to the handcrafted products JAMIESHOP.COM represents, JAMIESHOP.COM cannot be held responsible for late deliveries.
2. Once stock availability is confirmed, in stock orders will be shipped upon complete payment, including applicable fees, taxes, and shipping.
For items all items in stock, payment is due in full at time of purchase. For all items not in stock, a 50% deposit is required to initiate orders. All balances including any shipping charges are due prior to shipping. Due to the custom nature of our products, all orders are non-cancellable and non-refundable. ALL SALES FINAL.
Customer's Own Materials (C.O.M.) and Finishes
JAMIESHOP.COM will not process orders that use customer's own goods. Furniture that requires fabric, leather, trim (materials) must be purchased through JAMIESHOP.COM
Finishes/Samples of Materials, Fabrics and Leathers
Finish samples are not provided until order is placed and confirmed by manufacturer. Although we strive to consistently match our finish samples to the final product, all items purchased through JAMIESHOP.COM are handcrafted and therefore may have slight variations in color, tone and texture will occur. No guarantee can be made of an exact match. When available, a control sample of selected finish will be provided once the 50% deposit for an order has been received. All samples must be returned, along with the accompanying approval form signed by the purchaser before the order can proceed.
If a manufacturers' policy does not issue finish samples, images will be provided to select and approve. Client agrees that image(s) will satisfy requirement to place order.
DIMENSIONS AND QUANTITIES
Dimensions are given to the nearest half-inch. Because all items are made and assembled by hand, measurements may vary slightly from those stated. Dimensions are provided as a general reference only. Yardages will be confirmed by individual manufacturers. Client is responsible for all quantity regarding wall coverings. JAMIESHOP.COM is not responsible for any confirmed quantities. All dimensions and specifications are determined by individual manufacturer, not JAMIESHOP.COM.
MasterCard, Visa, American Express, Discover and E-Check are acceptable methods of payment. Deposits monies due will be determined and submitted with quote once a completed Request A Quote is received. A minimum 50% deposit is required on each order. Upon completion, invoices will be due in full inclusive of all shipping, freight, package, handling charges, applicable fees, and taxes.
You authorize JAMIESHOP.COM to bill all charges due at time of occurrence to original method of payment. JAMIESHOP.COM will notify you upon completion of order, at which point you have 5 days to supply JAMIESHOP.COM with alternate method of payment, if you choose. If nothing is received, then original payment method will be used. If balance is not paid within 5 days of date of invoice, you will then incur interest at a rate of 5% of the sales price per calendar week or any fraction thereof. We also reserve the right to transfer merchandise to a commercial storage warehouse with the receiving and storage charges in the name of the end user. All storage and transportation charges must be paid before merchandise will be released. If payment in full has not been received within 60 days of final invoice, JAMIESHOP.COM reserves the right to retain the merchandise and to declare a forfeiture of the deposit as liquidation damages. JAMIESHOP.COM retains title to all merchandise until fully paid for by the customer.
We reserve the right to terminate the arrangement if a client cancels their credit card charge for goods purchased. Once order is placed, the client will be held responsible for payment in full. All bookings and/or transactions and agreements entered into will cease with immediate effect until such time and all outstanding monies are recovered in full.
Client agrees to user agreement (look at a receipt).
We reserve the right to seek recovery of any monies including all late fees remaining unpaid sixty days from the date of invoice via collection Agencies and/or through Small Claims Court.
PURCHASING AND RETURNS
All purchases are subject to the following terms and conditions:
Orders totaling $500 and under, may be drop shipped. Orders totaling $501 and above must be delivered using White Glove Service.
We will provide you(end user) with shipping estimate when you request a quote. Shipping charges on merchandise is an additional charge. Stock availability to be confirmed.
There may be a nominal administrative fee on White Glove Service for the coordination of delivery and installation by JAMIESHOP. If applicable, this fee will be itemized in shipping estimate.
SHIPPING VIA WHITE GLOVE SERVICE FOR ALL ORDERS
Includes delivery as well as unpacking, assembly and placement of your item in your home. If your item needs to move up or down a flight of stairs, an additional fee may apply. The carrier brings the item into the room you specify, uncrates it, assembles it (if necessary), positions it and removes all shipping and packing materials. This service does not include wall mounting of any kind, steaming or hanging. If you make an appointment to have a shipment delivered, please be sure to be available for that appointment. If you miss that appointment, the delivery company will charge an additional fee. You will be provided an invoice for White Glove Services which will be due in full before shipping. JAMIESHOP.COM will act as the coordinator for delivery. JAMIESHOP.COM uses White Glove Service as a referred subcontractor. JAMIESHOP.COM acts as agent for which White Glove Service Company and is indemnified against any liability.
Client must guarantee that shipper has complete access to area item is to be installed. If there is any barrier or obstruction of any kind, that would prohibit shipper from a clear path, i.e. elevators or stairways, an additional fee may incur. Client must notify JAMIESHOP.COM of any condition prior to shipping. End user is responsible for all sound judgment regarding all items purchased and their ability to be installed.
FREIGHT DAMAGES FOR ANY ORDER
All freight claims must be filed the day of delivery with White Glove Service Company and within 3 days if drop shipped.
Damages to the merchandise while in transit are rare but they do happen. Any damage to the outside of the box or to the product itself must be recorded on the Bill of Lading/shipping label prior to signing for the delivery.
If the furniture arrives damaged or is damaged in the delivery or set up process immediately notify White Glove Service and/or JAMIESHOP.COM. Do not accept delivery. The carrier will repackage and return to the manufacturer.
The manufacturer, upon its own review of the claim and circumstances, may repair or replace the product or provide parts to satisfy the claim at its discretion. JAMIESHOP.COM will work with you and the manufacturer to remedy any claims. JAMIESHOP.COM will not pay shipping or transportation charges or pay to repair or replace the product. It is not at the discretion of the end user to not accept manufacturers remedy to freight claim.
JAMIESHOP.COM cannot guarantee outcome of any problem arising from receipt an installation of shipment. JAMIESHOP.COM will advocate on your behalf with said manufacturer.
JAMIESHOP.COM warrants its products to be free from manufacturing defects to the original purchaser with proof of purchase; the maximum liability is the product purchase price. Proper maintenance including routine cleaning, moving, and removal of products in high winds or severe climates is the responsibility of the owner and is required to keep this warranty in effect.
This warranty does not apply to damage resulting from improper maintenance, misuse, negligence, normal wear, abuse, accident, alteration, pets or tampering. Accessories, cushions, fabrics, pillows, glass and acrylic are not covered by this warranty. JAMIESHOP.COM makes no additional warranty either expressed or implied, written or oral regarding merchantability, title or fitness for particular purpose. Additional exceptions may apply.
Manufacturers warrant all products against defects in materials and workmanship for up to one year from date of receipt by client or receiving warehouse (whichever is sooner). This warranty does not apply to breakage resulting from misuse.
If a manufacturer determines a product to have manufacturer defect, due to wear from normal use, defective item will be replaced within the normal production time period required to reorder and manufacture the same product. JAMIESHOP.COM does not warrant finishes against fading and oxidizing. Fabric and finishes cannot be guaranteed for wear or color fastness and are not covered under manufacturer's warranty.
It is the responsibility of the end user to obtain information regarding proper methods in which to maintain said item. On non-specified appropriate means in maintaining said item and results in defect or damage are not warranted by individual manufacture or JAMIESHOP.COM.
If you suspect a manufacturing defect, digital photos of claimed products must be submitted to the attention of JAMIESHOP.COM along with a written description of the defect and any related circumstances thought to have caused the defect. No items will be accepted without prior written approval from JAMIESHOP.COM. It is at the discretion of the manufacturer that the perceived state is indeed defective. Once manufacturer has agreed to remedy a damage or defect, it is not at the discretion of the end user to not accept manufacturers remedy.
JAMIESHOP.COM Corporate Office
4400 N Scottsdale Rd
This website is operated by JAMIESHOP.COM in the United States and it is intended for use only within the United States. JAMIESHOP.COM makes no representation that materials on this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws. If any disputes arise relating to this website between the user and JAMIESHOP.COM, the user agrees that the federal or state courts of Maricopa County in Arizona should have exclusive jurisdiction over all claims and that such claims with be adjudicated under the laws of the state of Arizona.
THESE TERMS AND CONDITIONS MAY CHANGE
JAMIESHOP.COM reserves the right to update and modify these terms and conditions and any time without prior notice. Your use of JAMIESHOP.COM website and services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use the website.
Click "I agree" for Your Signature
As noted in the INTRODUCTION above, by clicking "I agree" you (1) acknowledge that you have read and understood this Agreement's terms and conditions and (2) will be signing this Agreement with a legally binding electronic signature, which agreement will be legally binding and enforceable (and the legal equivalent to your handwritten signature).