Terms and Condition of Use
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Baxton Studio Outlet YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. All phone-in orders are bound by these terms and conditions the same as online transactions.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Wholesale Interior's sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Baxton Studio Outlet (References to "you" or "your" shall relate to a customer of Baxton Studio Outlet or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "Baxton Studio Outlet" shall relate to Baxton Studio Outlet and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by Baxton Studio Outlet from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by Baxton Studio Outlet from its offices within the United States . Baxton Studio Outlet makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of IL without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Cook County, IL to hear any such claims. Any claims relating to product issues after receipt by customer is governed by the laws of the state of Illinois without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Cook County, IL to hear any such claims.
Access, Interference and Linking
Baxton Studio Outlet grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of Baxton Studio Outlet.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Baxton Studio Outlet; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Baxton Studio Outlet.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Baxton Studio Outlet, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Baxton Studio Outlet logo or other proprietary graphic or trademark as part of the link without express written permission.
Baxton Studio Outlet does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by Baxton Studio Outlet or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Baxton Studio Outlet or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Baxton Studio Outlet 's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Baxton Studio Outlet BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Baxton Studio Outlet OR A Baxton Studio Outlet AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Privacy
Please review our Privacy Notice, which also governs your visit to this Site.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. Baxton Studio Outlet reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Communications to Baxton Studio Outlet
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Baxton Studio Outlet for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Baxton Studio Outlet is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Baxton Studio Outlet or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:
Baxton Studio Outlet
222 West Roosevelt Road
Lombard, IL 60148
Phone: 800-554-3504
Email: Sales@baxtonstudiooutlet.com
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.
PLEASE READ THESE TERMS AND CONDITIONS OF SALE (" SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Baxton Studio Outlet. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Baxton Studio Outlet. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "Baxton Studio Outlet" shall relate to Baxton Studio Outlet and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Baxton Studio Outlet relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Baxton Studio Outlet. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Baxton Studio Outlet at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF IL , WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN Cook COUNTY, IL FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser.
Export Sales
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country.
General Legal Disclaimer
Baxton Studio Outlet HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY Baxton Studio Outlet IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, Baxton Studio Outlet reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome!
Should you request a price adjustment after your order has been submitted as well as after a price drop has occurred on the product purchased, it is at the sole discretion of Baxton Studio Outlet whether or not a price adjustment will be honored.
While Baxton Studio Outlet uses reasonable efforts to include accurate and up-to-date information on the Site, Baxton Studio Outlet makes no warranties or representations as to the Site's accuracy. Baxton Studio Outlet assumes no liability or responsibility for any errors or omissions in the content on the Site. All dimensions are provided by the manufacturer and are assumed correct. Baxton Studio Outlet will not provide any Returns, Refunds and/or Considerations for inaccurate measurements. Color scans found on Baxton Studio Outlet website were done to the best of our ability and may vary from computer monitor to monitor. For an accurate color selection, please visit our warehouse.
ADA Compliance and Disclaimer
Baxton Studio Outlet is committed to facilitating the accessibility and usability of its Web site for all people with disabilities. Working with a retained accessibility consultant, it is planning to implement over time the relevant portions of the World Wide Web Consortium's Web Content Accessibility Guidelines 2.0 Level AA (WCAG 2.0 AA) as its web accessibility standard or other standards to the extent required by the Americans with Disabilities Act (‘ADA”). Our website will be tested on a periodic basis with assistive technology such as screen readers and screen magnifiers, and with users with disabilities who use these technologies. Please be aware that our efforts are ongoing. If, at any time, you have specific questions or concerns about the accessibility of any particular Web page on our website, please contact us at sales@baxtonstudiooutlet.com or call 1-800-517-0717. If you do encounter an accessibility issue, please specify the Web page(s) to which access is sought, and we will make all reasonable efforts to make that page accessible for you.
Limitation of Liability
Baxton Studio Outlet WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. Baxton Studio Outlet WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Baxton Studio Outlet IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Baxton Studio Outlet until accepted by Baxton Studio Outlet. Terms of payment are within Baxton Studio Outlet's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Baxton Studio Outlet may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
Once the Customer submits an order online or through the phone to Baxton Studio Outlet, the payment will be processed automatically. In cases of backorder items, Customer has the right to cancel the order for full refund. Baxton Studio Outlet will only be able to hold inventory for pre-orders with complete payment.
Return Policy
All items sold from our Warehouse Outlet location are "final sale". All items are sold as-is. All items, especially floor models and damaged items must be fully inspected and cannot be returned after purchase. We do not accept returns or exchanges for new items or customer remorse. No refunds or store credit. Please make sure to correctly measure available space and doorways before purchasing.
SHIPPING
If a customer wishes to ship freight via third party billing Baxton Studio Outlet requires a credit card number to secure potential freight charge backs.
In the event that a shipping company charges Baxton Studio Outlet back as the shipper for your shipment for any reason, Baxton Studio Outlet reserves
the right to charge the credit card you provided for the costs associated with your shipment. Actual freight bill charges will be furnished upon request.
We will not accept third party billing arrangements for merchandise that was paid for in cash, check or PayPal. Only Visa, Master Card, or American
Express are acceptable forms of payments.
Inaccuracy Disclaimer
From time to time there may be information on our Web Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Actual products may differ in color due to lighting conditions, monitor settings, brands and variations in wood grain. Baxton Studio Outlet reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).