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General Terms The following terms and conditions ("Terms") govern your use of the RugHome "Online Auction" portion of its Web Site (the "Site"). Please read these Terms carefully as your use of the Site signifies your agreement to be bound by these Terms. References to RugHome herein shall refer to RugHome.com and/or RugHome Inc. RugHome reserves the right to make changes to its Privacy Policy, these Terms, or any other content of its Site at any time. You should review these Terms, our Privacy Policy and other portions of the Site periodically as your continued use of the Site following any posted changes constitutes your acceptance to be bound by those revised terms and conditions. To the extent you are dissatisfied with any element of the Site, including, but not limited to, its content or its Terms, your sole and exclusive remedy shall be to cease using the Site. Registration In order to bid on Merchandise (which include, but are not limited to, any and all hand and machine made rugs, carpets and floor coverings) through the "Online Auction" portion of the Site, you must register with RugHome. Registration requires submission of your first name, last name, billing address, shipping address, email address, telephone number and credit card information. During registration, you will also be required to choose a secure password to be used in conjunction with your username (email address) in order to access for your account. For security and verification purposes, RugHome shall have access to your password. Purchase Terms Please note that your bid is binding and legally enforceable contract. RugHome.com will also Disable and Delete any user account who abuses the rules of the auctions. You can select the Merchandise you wish to bid on from the "Online Auction" portion of the Site, by placing your bid using the Site's bidding system. At the time of "Check Out", the Site will ask for your user name and password. You will also be asked to select your method of payment by providing pertinent information on the credit card you wish to use to consummate the transaction. RugHome will then verify your name, method of payment, billing and shipping address. RugHome reserves the right to reject any order that you place with the company or to limit the quantities of Merchandise you wish to purchase, without providing any reason whatsoever. If RugHome rejects your order, the company will attempt to notify you via the email address you provided. If your credit card has been charged for an order which is rejected by RugHome, the company will facilitate the processing of a refund or credit of such charge. Individual bank policies will dictate when the amount of the charge is credited to your account. Once the necessary verifications on your credit card and overall order are confirmed, your credit card will be charged the total amount posted including any applicable sales tax, shipping, Handling and Buyer's Premium charges. RugHome does offer free ground shipping for Merchandise purchased through the "Online Auction" portion of its Site. Please refer to our Shipping Policy for more information on applicable shipping rates and other methods of delivery. Your receipt of an email or other form of confirmation from RugHome does not however constitute the company's acceptance of your order or confirmation of RugHome.com's offer to sell the referenced Merchandise. RugHome reserves the right at any time after the receipt of your order to accept or decline your order for any reason. Shipping, Handling, Buyer's Premium All rugs have a shipping cost associated with them and that cost is clearly shown on the rugs detail page. We use FedEx for the shipment of our products. We are unable to ship to a P.O. Box. Not all rugs are located in our main location in Sterling, VA. Many of the rugs will be drop shipped from other locations. Because of this reason RugHome's policy is not to allow any local pick ups even if the rug is in the main store. There will be a handling charge on all rugs which again is clearly marked on each detail page of the rug in Auction. Also on some rugs there may be a Buyer's Premium as well and this percentage is also clearly marked. The Buyer's Premium is added onto your high bid price and becomes your total bid at checkout (Plus Shipping, Handling, and Tax if any). The Buyer's premium goes toward paying sale expenses such as advertising. Sales Tax Sales Tax in the amount of Five Percent (5.0%) of the total purchase price shall be assessed against residents of the Commonwealth of Virginia. Reservation of Rights to Periodically Modify Content of Site and Correct Errors RugHome reserves the right to change any or all content on the Site including, but not limited to, the prices and availability of Merchandise offered for sale on the Site without notice and without liability. The Site attempts to display merchandise images as accurately as possible. RugHome however, cannot guarantee that the color you see matches the actual product color, as the display of the color depends, in part, upon the monitor you are using. RugHome will correct any errors appearing on the Site as it is discovered. RugHome further reserves the right to correct any errors and inaccuracies irrespective of whether your order has been submitted, confirmed and/or charged on the appropriate credit card. If your credit card has been charged and the order subsequently cancelled, RugHome will facilitate the processing of a refund or credit of such charge. Individual bank policies will dictate when the amount of the charge is credited to your account. Confidentiality of Account Information Each user of the Site is responsible for maintaining the confidentiality of his/her account information, password and for all activities that occur under their account. RugHome does not knowingly sell any of its Merchandise to anyone under the age of 18. By using the Site, you represent that you are of sufficient legal age to use the Site and agree to be legally obligated for any liability incurred as a result of your use of the Site. If you become aware that an unauthorized person may have access to your password, you should change your password immediately and contact RugHome. Links to Other Sites The Site may contain links to sites that are not maintained by RugHome. RugHome does not endorse the materials appearing on such sites and is not responsible for any representations regarding their content. Users may choose to link to any third-party site at their own risk. Disclaimer of Warranties THE MERCHANDISE PROVIDED BY THE SITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RUGHOME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) ANY WARRANTIES THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ANY WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE MERCHANDISE, SERVICES AND MATERIALS PROVIDED BY THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. EACH USER OF THE SITE ASSUMES ANY AND ALL COSTS ARISING IN CONNECTION WITH THEIR USE OF THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RUGHOME BE HELD LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, EACH USER'S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF THEIR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR THEIR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE SITE. IN NO EVENT SHALL RUGHOME BE HELD LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE OR THE MERCHANDISE, SERVICES OR MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. Returns Three (3) Business Day Unconditional Return Policy You have three business days from the date of your receipt of the Merchandise to contact us via our online contact form or by telephone at (866) 646-7847 to inform us regarding the return of rug(s) purchased through the "Online Auction" portion of the Site. Please Note all sales will be final after the 3 days and No Returns will be accepted. RugHome will also facilitate the processing of a refund/credit for the total purchase price of the referenced item(s) including any applicable sales tax. The Shipping, Handling and Buyer's Premium are non refundable. Individual bank policies will dictate when the amount of the charge is credited to your account. In order for you to claim the afore-mentioned credit/refund, you must ship the item(s) back to the company at 45500 Ruritan Circle Sterling, VA 20164 within Three (3) business days of your receipt of the Return Merchandise Authorization (RMA) Number. The Merchandise must be shipped back in the same type of packaging as it was received (that is, in water resistant type packaging). Please contact Customer Service or refer to our Shipping Policy for more information on applicable shipping rates and methods of delivery. Termination of Site Services RugHome reserves the right in its sole discretion and without liability to terminate any user's access to all or any part of the Site with or without notice. Entire Agreement This agreement, including any other terms and conditions referenced throughout this Site, constitutes the entire agreement with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. Governing Law These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Loudon County Virginia and you hereby agree to consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. Severability If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Terms & Conditions
©2010 RugHome Inc.
Thursday, September 09, 2010
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