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 Disclaimer Notice 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", "Ourselves", "We" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing English Law. 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 same.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso 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 Client's with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Supplier shall obtain and maintain, at its expense, commercial general, umbrella, and/or excess liability insurance with limits of at least $1,000,000 per occurrence and $5,000,000 in the aggregate covering liabilities caused by or occurring in connection with this Agreement and/or the offering or sale of the Merchandise from an insurer having a current A.M. Best rating of A+ or better. Supplier’s general liability insurance policy shall include coverage for products liability. Supplier shall name Wayfair as an additional insured under its general, umbrella and excess insurance policies. All such policies shall provide that the coverage thereunder shall not be terminated without at least thirty (30) days’ prior written notice to HomeRoots. All such policies shall be primary and non-contributory.
Supplier warrants to HomeRoots and any end user of the Merchandise that the goods will be merchantable (as such term is defined in the UCC) and free from defects, latent or otherwise, in design, materials and workmanship (the “Product Warranty”). The Product Warranty is in addition to all other warranties, express, implied, statutory and common law and may not be limited or disclaimed by Supplier
Supplier is solely responsible for any public or private recall of Merchandise, including all associated costs and expenses. Supplier shall promptly notify Wayfair of any such recall and shall provide Wayfair with all information reasonably requested in connection with the recall of any Merchandise
Each Party (the “Indemnifying Party”) shall hold harmless, defend, and indemnify the other Party, its affiliates (including Partners), and subsidiaries, and its and their respective present and former officers, directors, employees, agents, stockholders, representatives, successors and assigns (each an “Indemnified Party”) from and against any and all damages, injuries, liabilities, settlements, royalties, penalties, fines, costs, and expenses (including, without limitation, fees and disbursements of counsel) and losses of every kind and nature whatsoever (collectively, “Losses”) incurred by an Indemnified Party arising out of or in any way relating to any third party claim, demand, action, lawsuit, or proceeding (a “Claim”), including, but not limited to, any Claim alleging infringement of an intellectual property right, and even if such Claim may be false, fraudulent, or groundless, arising from or in connection with any breach of the Indemnifying Party’s obligations, representations or warranties under this Agreement. No settlement of any such Claim may be made without the Indemnified Party’s prior written consent to the terms of settlement, which consent shall not be unreasonably withheld or delayed. An Indemnified Party will have the right to participate in the defense of any such Claim at its own expense. If an Indemnified Party notifies the Indemnifying Party of a Claim (“Claim Notice”), the Indemnifying Party shall provide prompt assurance of its ability and intent to indemnify the Indemnified Party, to the Indemnified Party’s reasonable satisfaction, and the Indemnifying Party shall commence to defend such Claim, at its sole cost and expense, within 5 days of said Claim Notice. If the Indemnifying Party fails to provide such assurance or commence such defense within such 5-day period, in addition to the other rights and remedies available to the Indemnified Party at law or in equity, the Indemnified Party may, at its option, assume the defense or settlement of such Claim in its own name, and all recoveries from such Claim shall belong to the Indemnified Party, and all fees and costs (including reasonable attorneys’ fees) in defending such Claim and all damages or settlement costs arising therefrom, shall be the Indemnifying Party’s sole responsibility. Supplier shall indemnify Wayfair in accordance with the terms of this Section 8 against any Losses incurred through Claims based on the design or manufacture of the Merchandise including, but not limited to, product liability and intellectual property Claims
Cancellation and Returns Policy
Minimum 72 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone 'text message' and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to hold funds in case there are any open disputes for 90 days after request for cancellation. Termination of Agreements and Refunds Policy Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services, shall be refunded.
Damages/Defectives: Any report of Damages or Defectives needs to be made within 48 hours of delivery. Any reports made after this time frame are subject to non-action on our part. Detailed photos of said damage must be provided, including photos of the box and the packaging as it was received.
A request for Returns Buyer's Remorse or otherwise, needs to be sent via email to email@example.com. All requests will be reviewed in a timely manor and we will advise the warehouse address to return to if a return is agreed upon. Unauthorized returns will not be given credit. Returns sent to the wrong address will not be given credit. Returns for Buyer's Remorse or otherwise will not be credited for products requested/shipped after 30 days from delivery. Credit for Returns will be given once freight is confirmed received back at warehouse and will be less freight costs unless HomeRoots is determined to be at fault.
Returns/Damage Allowance: HomeRoots requires a Returns/Damage Allowance to be accrued on every order that is in lieu of sending you physical returns. This means we will not send back returns or seek remediation for Buyer’s Remorse or Damages when they do occur. We will reach out for missing parts and pieces, as it is the suppliers responsibility to ship item 100% intact and in good standing. We will also reach out in the case of mis-shipment (meaning your warehouse had pick/pack error) <\p>
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links from this website
We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this website. This Company's logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this web site are trade marked .
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company's stated telephone, facsimile or mobile telephone numbers.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of state of Delaware govern these terms and conditions. By accessing this website [and using our services/ buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
(A) With respect to COMPANY’s special business techniques, analyses of the market, forms, software programs, list of customers, and all other information regarding COMPANY products and services, the CLIENT acknowledges that all of such information: (1) belongs to COMPANY; (2) constitutes specialized and highly confidential information; and (3) Constitutes trade secrets of COMPANY. Accordingly, the CLIENT recognizes and acknowledges that it is essential to COMPANY to protect the confidentiality of such trade information. (B) The CLIENT thus agrees to act as a trustee of such information and of any other confidential information the CLIENT acquires in connection with association with COMPANY. (C) During the term hereof, the CLIENT shall not disclose such information to any person, firm, association, or other entity for any reason or purpose whatsoever, unless such information has already become common knowledge unless the CLIENT is required to disclose it by judicial process.
This Agreement is governed by the laws of the Commonwealth of Delaware without regard to its choice of law provisions. The courts of Delaware shall have exclusive jurisdiction in any controversy relating to or arising out of this Agreement. Each Party irrevocably waives any objections to venue in Delaware. The Parties’ rights and obligations under this Agreement are not governed by the United Nations Convention on Contracts for the International Sale of Goods.