Terms & Conditions
This website is operated by Vintage Begonia. Throughout the site, the terms “we”, “us” and “our” refer to Vintage Begonia. Vintage Begonia 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.
Copyright ©
2018 by Vintage Begonia. All rights reserved. This website or any
portion thereof may not be reproduced or used in any manner
whatsoever without the express written permission of Vintage Begonia
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 which 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.
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 or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an 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 and
adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell, resell
or exploit any portion of the Service, use of the Service, or 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 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 at any time.
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 (if applicable)
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 Return Policy.
We have made every effort to display as accurately as possible the
colors and images of our products that appear at 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 quantities of any products or services
that we offer. All descriptions of products or product pricing are
subject to change at anytime without notice, at the sole discretion of
us. 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/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 and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 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 are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates
any party’s intellectual property or these Terms of Service.
You
agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal
or proprietary right. 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 – SHIPPING/SPECIAL ORDER POLICY
Shipping your items on time is very important to us. Vintage Begonia partners with multiple resources to ship the many products offered for sale on the Vintage Begonia website. We do our best to provide accurate estimated delivery dates and ship your items on time. That said, the estimated delivery dates provided are estimates and never guaranteed. They take into account many factors, including item availability, location, and shipping destination.
We work with designers, artisans, and manufacturers all over the world to bring you unique and beautiful products. Many are handmade, while others are sourced overseas. Coordinating delivery from so many sources takes time and care, and we often ship products together to keep costs low. Rest assured, our products are worth the wait.
With the exception of Special Order items (see notes below), all items will ship within 15 business days, unless otherwise noted as ‘Available on Backorder’ (see below for notes). You may receive multiple packages for a single order, as our treasures are sourced from many warehouses and artisans who ship on our behalf. Once a product has shipped, time to delivery may range from 1 to 10 business days depending on carrier, and final delivery destination. Vintage Begonia is not responsible for items that are lost or damaged in transit. Please note that we can not guarantee delivery dates. We reserve the right to choose the most economical carrier to ship your package. Vintage Begonia cannot deliver to P.O. Box locations or military APO/FPO addresses. Vintage Begonia is not responsible for shipping delays due to the fault of the manufacturer or delivery carrier.
Some notes for special order items:
–All Vintage Begonia Lighting is Special Order and will ship 4-8 weeks from date of order. If you need your lighting sooner, please contact us and we will do the best we can to get your light to you as soon as possible. Special Order lighting is subject to a 25% restocking fee.
–All Vintage Begonia furniture is Special Order. Special order furniture can take up to 12 weeks to ship. If you need your furniture sooner, please contact us and we will do the best we can to get your item shipped as soon as possible. Furniture will ship via LTL Freight carrier and will be delivered curbside. You will receive a phone call to arrange delivery. Special Order furniture is subject to a 25% restocking fee.
–All Special Order merchandise is subject to a 25% restocking fee. Any remaining refund for Special Order merchandise will be given in the form of merchandise credit.
-All special order requested cancellations requested with 72 hours from the time of purchase will result in a refund. All other cancellations will be subject to a 25% restock fee and the remaining amount will be issued as merchandise credit.
–Any product ‘Available on Backorder’ will be charged at the time of purchase. These items are considered pre-pay, pre-order and may be cancelled any time prior to shipping
At Vintage Begonia, we are proud of our commitment to the environment. We reuse packaging materials and boxes as often as possible. Our customers enjoy noting the many places their boxes have traveled. It is our hope that our customers will pay it forward and do the same!
SECTION 11 – RETURN POLICY
Vintage Begonia is committed to finding and selling unique, high quality merchandise. If you do not love your treasure(s), you must submit a Return Authorization form. Upon successful completion of your Return Authorization request, our customer service team will instruct you how to proceed with your return. All requests must be RECEIVED BY VINTAGE BEGONIA WITHIN 2 WEEKS OF DELIVERY TO YOUR HOME. Returns that arrive without completion of the Return Authorization form will not result in refund or in-store credit. Returns that arrive in damaged condition will result in no refund. Upon return, your order will be refunded to your original form of payment less return shipping & handling.
Should your items arrive damaged, please submit a Damage Claim Form. Photos are required to substantiate damage or quality claims. Upon receipt, Vintage Begonia will review the claim for approval. Returns due to damage will be replaced or refunded. All claims must be submitted and received by Vintage Begonia within 2 weeks from receipt of shipment. All qualified returns will result in a credit to your original form of payment.Copy of email return request and response must be included in return shipment.
If damage is done during shipment, all original packaging must be kept until you are notified otherwise.
Regarding refunds if multiple forms of payment are used: If products are paid for with a combination of gift card and other payment method. The gift card will be the first form of payment to be refunded, followed by refund to the additional payment method for any remaining refund amount.
Any item that is sold as a ‘Special Order’ will incur a 25-50% restocking fee if returned, due to the specialized handling involved. Any remaining balance due will be issued as merchandise credit. Items shipped via freight carrier (furniture) are not returnable, and must be inspected and accepted or refused upon delivery.
SECTION 12 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 13 – 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 14 – 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 15 – 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 Vintage Begonia, 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 the 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 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vintage Begonia 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 17 – 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 18 – 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 also may 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 may deny you access to our Services (or any part thereof).
SECTION 19 – 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 in respect to The Service constitutes
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 20 – 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 the State of California and the United States Federal Government.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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.