1. Conditions of Sale
1.1 Eligibility; Credit Card Terms. To order any Product, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to (a) provide us with a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order Products, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. Bookdecor currently does not accept cash, checks or any other payment form not described above for online orders, although we may, at our discretion, permit payment in another form orders placed by telephone or e-mail. Regardless of the form of payment, all payments must be received by Bookdecor prior to shipment. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to these agreements and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Bookdecor invoices the credit card for all amounts due and payable. By providing Bookdecor with your credit card number and associated payment information, you agree that Bookdecor is authorized to immediately invoice your account for all fees and charges due and payable to Bookdecor as a result of your purchase of any Products. Bookdecor reserves the right, at any time, to change its prices and billing methods for Products sold, including immediately upon posting on the Website.
1.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes) at the rates in effect when the charges were incurred. Bookdecor may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as Bookdecor has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.
1.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: Bookdecor Customer Service, 7945 Silverton Ave., Suite 1107, San Diego, CA 92126. If Bookdecor does not receive payment from your credit card issuer or its agent you agree to pay all amounts due upon demand by Bookdecor or its agents.
1.4 Returns. If you wish to return your shipment you must first contact Bookdecor to receive authorization. Authorized returns must be in the hands of the shipper of your choice within one week of your receipt. You are responsible for paying for all costs, fees and charges related to the return of Products. Upon our receipt of an authorized return, we will inspect the returned Products for damage and issue a refund for any returned Products that may be resold. No refund will be issued for Products that are returned without authorization or that are not in satisfactory condition, in Bookdecor’s sole discretion, for resale. Refunds, if any, will be made by check made out to you and mailed to the address you have provided to us within one week of the acceptance of the return. You may elect to take replacement books (for which you will be responsible only for shipping and handling charges) or a credit towards future orders in lieu of a refund.
1.5 Shipping damage claims. Bookdecor inspects each Product carefully before shipment and does not ship any Product that is damaged. If you receive a damaged Product, the damage will have occurred in shipping, and it is your responsibility to notify and make any claims of damage directly with the shipping company.
1.6 Order acceptance policy. Your receipt of an electronic, verbal or other form of order confirmation does not signify Bookdecor’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Bookdecor reserves the right at any time after receipt of your order and after confirmation of your order has been delivered to you to accept or decline your order for any reason. Orders may be cancelled by Bookdecor for any or no reason, including, without limitation, insufficient inventory, errors in the posting or calculation of Product quantity, pricing, shipping charges, tax or other fees or charges, mistakes or errors made by the online store operated at the Website, failure of payment by you or inability to ship to your specified address. Bookdecor cannot reserve books for any customer. As a result, any delay in payment by you may result in the books that you order being sold to other customers. Your order will be deemed accepted by Bookdecor only upon our delivery of the Products that you have ordered. We may require additional verifications or information before accepting any order.
1.7 Title and Risk of Loss. All sales of Products are made Ex Works (Incoterms 2000) Bookdecor’s designated point of shipment, and title and risk of loss to each shipment of the Products shall pass to you when Bookdecor makes such shipment available to a carrier.
2. Third-Party Websites
The Website may contain links to third-party websites ("Third-Party Websites") and third-party content ("Third-Party Content") placed by Bookdecor as a service to those interested in this information. You use all such links to Third-Party Websites, and any Third-Party Content therein, at your own risk. Bookdecor does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Websites. Such links are provided only as a convenience, and a link to a Third-Party Website or Third-Party Content does not imply Bookdecor’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Third-Party Content. Bookdecor accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Websites, or websites linking to the Website. When you leave the Website, our terms and policies no longer govern.
ALL PRODUCTS ARE OLD AND USED AND YOU SHOULD EXPECT THAT THEY WILL BE WORN, FADED, TORN, DUSTY, STAINED, SOILED, FRAGILE OR BRITTLE. MANY OF THE PRODUCTS HAVE BEEN REPAIRED, INCLUDING BY BOOKDECOR, BOTH FOR COSMETIC AND FUNCTIONAL REASONS. BOOKDECOR DOES NOT GUARANTEE OR WARRANT THE QUALITY OR DURABILITY OF ANY SUCH REPAIRS. PRODUCTS VARY IN SIZE, SHAPE, WEIGHT, QUALITY OF MANUFACTURE, METHOD OF MANUFACTURE, LANGUAGE, AGE, CONDITION, AND CONSTRUCTION. YOU SHOULD EXPECT THAT ANY SHIPMENT WILL INCLUDE PRODUCTS THAT VARY, SOMETIMES SUBSTANTIALLY, IN ALL OF THESE QUALITIES.
PRODUCTS ARE PROVIDED "AS-IS" AND AS AVAILABLE. BOOKDECOR EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BOOKDECOR MAKES NO WARRANTY THAT: (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (B) THE PRODUCTS WILL LOOK LIKE THE PRODUCTS PICTURED ON THE WEBSITE; OR (C) THE PRODUCTS WILL BE FREE FROM DEFECT.
5. Limitation on Liability
IN NO EVENT SHALL BOOKDECOR BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, EVEN IF BOOKDECOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF REVENUE, LOSS OF CUSTOMERS, LOSS OF GOODWILL, OR LOSS OF PROFITS, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, YOUR USE OF THE WEBSITE OR YOUR ORDER OF PRODUCTS, WHETHER ARISING UNDER CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT SHALL BOOKDECOR’S TOTAL, CUMULATIVE LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM. MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY HEREIN.
You hereby release Bookdecor, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Website, or (ii) your purchase of any Product.
You hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor" and you waive any other similar provision of the laws of any other applicable jurisdiction.
7.1 Amendments. Bookdecor may modify this Agreement from time to time and such modification shall be effective upon posting by Bookdecor on the Website. If you do not agree to the modifications, you must cease your use of the Website and ordering of Products.
7.2 Survival. The provisions under the following headlines will survive termination of this Agreement for any reason: Disclaimers, Limitation on Liability, Releases, Miscellaneous.
7.3 Indemnity. You agree to defend, indemnify, and hold Bookdecor, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or ordering of Products in violation of this Agreement, and/or arising from your breach of any provision of this Agreement.
7.4 U.S. Export Controls. Products may be subject to United States export controls. No Products may be shipped, or otherwise exported or re-exported, in violation of U.S. export laws. By using the Website or by ordering Products, you represent and warrant that such use or ordering is not in violation of any such law.
7.5 Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within San Diego Country, California, and the federal courts in the Southern District for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, Bookdecor may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
7.6 Other. This Agreement is accepted upon your use of the Website or by you ordering any Products. This Agreement constitutes the entire agreement between you and Bookdecor regarding the use of the Website or order of Products. The failure of Bookdecor to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
7.6 Disclosures. Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254.
7.7 Copyright/Trademark Information. Copyright © 2008 - Bookdecor. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Website are the property of Bookdecor or other third parties as indicated. You are not permitted to use these Marks without the prior written consent of Bookdecor or such third party which may own the Mark.