Captivating Home Collection, LLC
Terms & Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
Captivating Home Collection, LLC’s (the “Company”) web address is www.captivatinghomecollection.com (the “Website”) and is a copyrighted work owned and operated by the Company. This document governs your relationship with the Company.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. We recommend that you print out a copy of these Terms of Service for your records.
Privacy & Security
By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to the Website or mobile applications is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Website or mobile applications is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website or mobile applications.
Choice of Law and Jurisdiction
Except where prohibited, all issues and questions concerning the construction, validity, interpretation, rights, and enforceability of these Terms of Service, shall be governed by and construed in accordance with the governing laws of Texas, without giving effect to any choice of law or conflict of law rules or provisions, which might otherwise cause the application of the laws of any jurisdiction other than the governing laws of Texas.
In order to use certain features of the Website or mobile applications, you must register for an account with the Company and provide certain information about yourself as prompted by the Website or mobile applications registration form. You may not access, use this Website or mobile application, or become a member unless you are at least 18 years of age. You represent and warrant that (i) all required information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Website or mobile applications does not violate any applicable law or regulation or the terms of this Agreement.
You are responsible for maintaining the confidentiality of your account login information. You are fully responsible for all activities that are associated with your account (including but not limited to purchases, use of the Website or mobile applications, or correspondence from your account to the Company). You agree to immediately notify the Company of any unauthorized use or breach of security of your account. The Company has the right to suspend or terminate your account at any time.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
(a) Products and Pricing
All prices advertised are subject to change. The cost of foreign products and services may fluctuate. We try to ensure that all details, descriptions and prices which appear on the Website or mobile applications are accurate. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If your credit card account or PayPal account has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.
(b) Payment Terms
In order to purchase items with the Company you must possess a valid form of payment which is outlined on the Website or mobile applications. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the card or bank account holder used to place your order and that there are sufficient funds to cover the cost of the goods.
Upon receiving your order we carry out a standard authorization check on your payment to ensure there are sufficient funds to fulfill the transaction. Depending on the payment method, it may take 2-3 business days for processing. Partial payments or deposits are not accepted. All sales are final on any item marked “resale”, “antique”, and “vintage”. Refunds will only be available for products marked “new”.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. The Company reserves the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason.
Items will only be shipped once they are paid for in full. Flat rate shipping is available for most products. Shipping rates are calculated based on a combination of the individual products and your shipping address. The total shipping costs can be seen at the checkout page. Additional shipping and handling fees may be added for items costing over $100. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
Purchases will be delivered via parcel service (UPS, USPS or FedEx) within 4-6 weeks from receipt of order if the item is in stock. With the exception of gift cards, we are unable to ship merchandise to PO boxes at this time. All non-gift card orders must have a physical shipping address. Rush delivery services are available for US orders only. For all Alaska, Hawaii, and International orders, please allow 6-8 weeks for delivery if the item is in stock. All customers will be contacted via email if additional shipping time is needed due to product availability. Email email@example.com for questions concerning the status of your delivery.
(f) Returns and Refunds
We want you to be satisfied with your order. You will have 30 days from the date of purchase to request a refund on your unused merchandise, unless the item is marked non-refundable. Please allow 2-3 weeks for your return to be received and processed. Our returns department will send an email when your return and the credit to your credit card account or PayPal account in the amount charged has been processed. Please note, if you return an item the return shipping costs will be deducted from your total refund amount.
(g) Damaged Products
If your item arrived damaged or defective, we are happy to arrange for a prompt replacement. If the product arrives damaged, the Company will accept returns for a full refund only in accordance with the Return Procedures below. Once the Company confirms that you received a damaged product that was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that we will issue a refund to your credit card account or PayPal account in the amount charged for the damaged product. The refunded amount will include the applicable shipping costs.
(h) Return Procedures
Please contact our returns department here to be emailed a return shipping label. Follow the directions on the back of the packing slip or shipping label to return the merchandise. The return shipping label will be addressed to our warehouse and you can use any trackable or insured shipping method for your convenience. Sorry, we cannot accept COD returns. Pack all items in a secure carton or reuse the original packaging and enclose the packing slip.
“User Content” of a website user means any and all information and content that such user submits to the Company by any means, including through social media (e.g., Facebook, Twitter), or uses with the Website or mobile applications (e.g., a user profile or a feedback submission). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Website or mobile applications as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by the Company. Because you alone are responsible for your User Content (and not the Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. The Company is not obligated to backup any User Content, makes no representation that it will do so, and you agree that the Company may delete User Content at any time.
By submitting your User Content or using it with the Website or mobile applications, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Website or mobile applications, the Company social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
The Company will treat any feedback, communications, or suggestions you provide to the Company as non-confidential and non-proprietary. Thus, in the absence of a written agreement with the Company to the contrary, you agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
Acceptable Use Policy
You must not misuse the Website or mobile applications. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Website or mobile applications. Breaching this provision would constitute a criminal offense and the Company will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or mobile applications or to your downloading of any material posted on it, or on any website or mobile applications linked to it.
Linking to the Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website or mobile application that is not owned by you. The Website or mobile applications must not be framed on any other website or mobile application, nor may you create a link to any part of the Website or mobile applications other than the home page. We reserve the right to withdraw linking permission without notice.
Mobile Devices and Mobile Applications
If you use a mobile device to access pages of the Website optimized for viewing via a mobile device, opt in to receive SMS (text messages) from the Company (as/when available) or using a mobile application the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Website via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Service.
You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Website or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.
Disclaimer of Liability
The material displayed on the Website or mobile applications is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law the Company and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect the Company's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Disclaimer as to Ownership of Trademarks, Images of Personalities and Third Party Copyright
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on the Website or mobile applications are in no way associated, linked or affiliated with the Company and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on the Website or mobile applications are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.captivatinghomecollection.com.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through the Website or mobile applications remain the property of the Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website or mobile applications, nor may you use any such content in connection with any business or commercial enterprise.
You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Website or mobile applications, or your breach of the Terms of Service.
YOU AND THE COMPANY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU HAD WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. YOU AGREE THAT THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.
Either you or we may start arbitration proceedings. Any dispute between you and the Company, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to these Terms of Service and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Service, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration in Dallas, Texas. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. The Company will provide such notice by e-mail to your e-mail address on file. You must send a letter requesting arbitration and describing your claim to our registered agent, to begin arbitration. Please find below the address:
Captivating Home Collection, LLC, P.O. Box 703104, Dallas, TX 75370
Attn: Legal Department
During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms of Service and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The Company and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither the Company nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms of Service must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms of Service and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
The Company shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of the Website or mobile applications.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Information We Collect
The personal information we collect about you may include, for example, your name, www.captivatinghomecollection.com user name and password, postal shipping and billing addresses, telephone numbers, email addresses, social networking information (such as user names, handles, and friends lists), information about contacts provided by you, photos you send us, payment information (including credit card numbers or online payment services numbers), financial information (such as bank account numbers), products you may select as favorites and share, purchase history and location information (often from the device on which you access the Services). You may also submit additional personal information to us in other ways, such as participating in online surveys, promotions, contests and sweepstakes and other offerings made available through our Services. We may combine information we receive from third parties with the information we receive based on your use of the Services and any other interactions with us.
How We May Use the Information We Collect
We may use the personal information we collect from our customers for a variety of purposes, including, for example:
1. to accomplish ordinary business purposes, such as establishing and managing customer accounts, responding to inquiries, providing requested products and services, processing and collecting payments and providing customer support;
2. to provide information about our business and offer our products or services to you and products and services of others that we think you may find of interest;
3. to communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes and other offers or promotions;
4. to enable you to interact with our customers through our message boards, blogs and social media;
5. to evaluate and improve our business, including developing new products and services, identifying potential new customers, analyzing the effectiveness of advertising and marketing promotions and other aspects of our Services, and soliciting your feedback through email communications, telephone calls, and/or focus groups;
6. to perform data analyses, including market and consumer research, trend analysis, demographic analysis and financial analysis; and
7. to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity and to comply with legal information requests, applicable legal requirements and our policies and practices.
We may also use personal information in other ways for which we provide notice at the time of collection as may be required by applicable laws, or without notice to you for any legally permissible purpose and subject to applicable laws.
We have instituted reasonable safeguards to help ensure that information collected is secure. We also take reasonable steps to ensure that third parties who work with us to make the Website or mobile applications (including the software, applications and services provided on the Website or mobile applications) available to you agree to protect personal information that they must access in order to serve you and to honor your preferences about contacts you receive.
When you send or otherwise transmit your sensitive information (such as your credit card number) to or though the Website or mobile applications, your sensitive information is encrypted and protected with SSL, the current industry-standard encryption protocol. When you are on an SSL-protected page, a picture of a closed lock appears at the bottom or top of some web browsers. Another way to tell if you are on a secure page is to check the URL or address of the page. (Look in the address box or right-click on the page and select "Properties".) These secure SSL-encrypted pages have URLs that start with "https://" instead of "http://".
Third Party Links
Third Party Service Providers
The Company employs other companies and individuals to perform functions on our behalf, such as fulfilling orders, delivering packages, sending postal mail and email, serving ads on our behalf, providing search results and links, and processing credit card payments. These third party service providers have access to personal information needed to perform their functions but may not use it for any other purpose.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and the Company. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of the Company.
Please contact us with any questions you have. We are here to serve you. We guarantee your satisfaction.
Thank you for your business.
(832) 857-0CHC or (832) 857-0242
© Captivating Home Collection, LLC, 2018 All Rights Reserved