Terms of service
OVERVIEW
This website is operated by Sofas Exclusive. Throughout the site, the terms
"we," "us,” and “our” refer to Sofas Exclusive. Sofas Exclusive offers this
website, including all information, tools, and services available from this
site, to you, the user, conditioned upon your acceptance of all terms,
conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“Terms of Service," “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify, Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your state or province of residence, or that you are the age
of majority in your state or province of residence, and you have given us your
consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may
you, in the use of the service, violate any laws in your jurisdiction (including
but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the terms will result in the immediate
termination of your services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be
transferred unencrypted and involve (a) transmissions over various networks and
(b) changes to conform to and adapt to the technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfers over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any
portion of the service, use of the service, access to the service, or any
contact on the website through which the service is provided, without express
written permission by us.
The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not
accurate, complete, or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole basis
for making decisions without consulting primary, more accurate, more complete,
or more timely sources of information. Any reliance on the material on this site
is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the service (or any
part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price
change, suspension, or discontinuance of the service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are subject
to return or exchange only according to our Refund Policy.
We have made every effort to display, as accurately as possible, the colors and
images of our products that appear in the store. We cannot guarantee that your
computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products
or services to any person, geographic region, or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the quantity
of any products or services that we offer. All descriptions of products or
product pricing are subject to change at anytime without notice, at our sole
discretion. We reserve the right to discontinue any product at any time. Any
offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations or that
any errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or
per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or billing
address or phone number provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither
monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations, or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at
your own risk and discretion, and you should ensure that you are familiar with
and approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the
website, including the release of new tools and resources. Such new features
and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our service may include
materials from third parties.
Third-party links on this site may direct you to third-party websites that are
not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy, and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the third
party's policies and practices and make sure you understand them before you
engage in any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest
entries) or, without a request from us, you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate, and otherwise
use in any medium any comments that you forward to us. We are and shall be under
no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we
determine in our sole discretion to be unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene, or otherwise objectionable or that
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third party,
including copyright, trademark, privacy, personality, or other personal or
proprietary rights. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive, or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or third
parties as to the origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or in the service that
contains typographical errors, inaccuracies, or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times, and availability. We reserve the right to correct any errors,
inaccuracies, or omissions, and to change or update information or cancel orders
if any information in the service or on any related website is inaccurate at any
time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the
service or on any related website, including, without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the service or on any related website should be taken to indicate
that all information in the service or on any related website has been modified
or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content. (a) for any unlawful purpose; (b)
to solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or
local ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or
transmit viruses or any other type of malicious code that will or may be used in
any way that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of
the service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be
uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at
your sole risk. The Service and all products and services delivered to you
through the Service are (except as expressly stated by us) provided 'as is' and
'as available' for your use, without any representation, warranties, or
conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall Sofas Exclusive, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, Service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of
any of the Service or any products procured using the Service, or for any other
claim related in any way to your use of the Service or any product, including,
but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the Service or any content
(or product) posted, transmitted, or otherwise made available via the Service,
even if advised of their possibility. Because some states or jurisdictions do
not allow the exclusion or limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Sofas Exclusive and our
parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers, interns,
and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach of
these Terms of Service or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be enforceable
to the fullest extent permitted by applicable law, and the unenforceable portion
shall be deemed to be severed from these Terms of Service. Such determination
shall not affect the validity and enforceability of any other remaining
provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you
or us. You may terminate these Terms of Service at any time by notifying us that
you no longer wish to use our services or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we may also
terminate this agreement at any time without notice, and you will remain liable
for all amounts due up to and including the date of termination, and/or
accordingly, we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms
of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this
site or with respect to the Service constitute the entire agreement and
understanding between you and us and govern your use of the Service, superseding
any prior or contemporaneous agreements, communications, and proposals, whether
oral or written, between you and us (including, but not limited to, any prior
versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on
this page.
We reserve the right, at our sole discretion, to update, change, or replace any
part of these Terms of Service by posting updates and changes to our website. It
is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the service following the posting
of any changes to these Terms of Service constitutes acceptance of those
changes.
SECTION 20 - CONTACT INFORMATION
E-Mail: customerservice@sofasexclusive.com
Phone: +1 888-431-9293
Support: Get in touch 24 Hours / 365 Days a Year
Address: 5115 Lankershim Blvd Unit L218, North Hollywood, CA 91601, United States