1. General
These General Terms and Conditions of Use ("Terms") are entered into by and between you and Sferra Linens. In consideration of your use of and access to this Internet site (and the promises and obligations herein, and intending to be legally bound, you and Sferra Linens hereby agree as follows: Your access to and use of the Sferra Linens site is subject to these Terms, as well as any modifications issued by Sferra Linens to these Terms, and all applicable laws and regulations). BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Sferra Linens site.
Among other things, Sferra Linens provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in Sferra Linens in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within Sferra Linens contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms
Sferra Linens shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of Sferra Linens. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on Sferra Linens. You are responsible for reviewing sferra.com periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Sferra Linens to these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Sferra Linens shall be valid or enforceable against Sferra Linens unless expressly agreed to by Sferra Linens in a writing signed by a duly authorized officer of Sferra Linens.
3. Termination
These Terms are effective until terminated by Sferra Linens. Sferra Linens may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access Sferra Linens and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Sferra Linens shall also have the right without notice and at any time to terminate Sferra Linens or any portion thereof, or any products or services offered through Sferra Linens, or to terminate any individual's right to access or use Sferra Linens or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of Sferra Linens and your purchase of the items on Sferra Linens.
5. Content
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on Sferra Linens, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. Sferra Linens may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Sferra Linens in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Sferra Linens or by third parties that have licensed their use to Sferra Linens. You may view and use the Content only for your personal information and for shopping and ordering on Sferra Linens, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Sferra Linens does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through Sferra Linens, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Sferra Linens, is strictly prohibited.
6. Linked Third Party Sites
Links to other Internet sites operated by third parties, including Sferra Linens vendors, do not constitute sponsorship, endorsement, or approval by Sferra Linens of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Sferra Linens, and Sferra Linens is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Prices, Orders
All prices displayed on Sferra Linens are quoted in U.S. dollars by default. Sferra Linens may restrict delivery to addresses to certain states or countries. Sferra Linens will add shipping and handling fees and applicable sales/use tax. Sferra Linens reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on Sferra Linens without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on Sferra Linens do not imply endorsement of that product or service, or constitute a warranty by Sferra Linens. The receipt by you of an order confirmation does not constitute Sferra Linens's acceptance of an order. Prior to Sferra Linens's acceptance of an order, verification of information may be required. Sferra Linens reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Sferra Linens, for any reason. Sferra Linens reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Sferra Linens shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Sferra Linens shall promptly issue a credit to your credit card account in the amount of the incorrect price.
8. Color
We have made every attempt to accurately depict, as much as reasonably possible, a true representation of product colors. However, due to monitor and/or screen discrepancies, we cannot guarantee that your display of color is accurate. We recommend contacting Customer Service to request a fabric swatch for any item that you wish to confirm color. Orders returned due to undesired color are not a product defect or shipping error, therefore per our Return Policy are not eligible for complimentary exchange.
9. Disclaimer and Limitation of Liability as to this Site and Content
Sferra Linens MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE Sferra Linens SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. Sferra Linens ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF Sferra Linens OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT Sferra Linens OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF Sferra Linens. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL Sferra Linens, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE Sferra Linens OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Sferra Linens IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Disclaimer and Limitation of Liability as to Products and Services
We want you to be completely satisfied with your Sferra Linens purchase. If for any reason you are not entirely pleased with a product you purchased on Sferra Linens, simply return the item within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY Sferra Linens ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2004 COMPLIANCE. ACCORDINGLY, Sferra Linens MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, Sferra Linens EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON Sferra Linens , INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL Sferra Linens, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON Sferra Linens, EVEN IF Sferra Linens IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Sferra Linens's LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
11. Indemnification
You agree to defend, indemnify, and hold harmless Sferra Linens, Sferra Linens's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of Sferra Linens. The foregoing indemnification obligation shall survive termination of these Terms and Sferra Linens and any product or service provided to you arising out of or relating to your use of Sferra Linens.
12. Accessibility
SFERRA is committed to providing a website that is accessible and user-friendly to all customers, including people with disabilities. We continually work in good faith to improve the accessibility of our website in accordance with level AA of the Web Content Accessibility Guidelines (WCAG 2.0) to the extent reasonably feasible.
If you experience problems or have any suggestions for improvement please contact us at customerservice@sferra.com.