TERMS & CONDITIONS
Welcome to the Elizabeth Dow Ltd. Website (the "Website"). Please review the following Terms and Conditions carefully. Your purchase of products from us constitutes your agreement to follow these Terms and Conditions and to be bound by them (the “Agreement”). Elizabeth Dow Ltd. reserves the right to update or modify these Terms and Conditions at any time without prior notice.
PERSONAL INFORMATION SUBMITTED THROUGH THE WEBSITE
INTELLECTUAL PROPERTY OWNERSHIP AND USE
Please be aware that as you visit and navigate the Elizabeth Dow Ltd. Website your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights. You may not use any of the Elizabeth Dow Ltd. trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Elizabeth Dow Ltd. name and logos, and other graphics, page headers, and service names of Elizabeth Dow Ltd's products, services, and programs. Any other trademarks that appear on our Website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us.
The products, prints, patterns, designs, text, graphics, logos, images, digital downloads, and data compilations appearing on the Website, are owned or licensed by Elizabeth Dow Ltd’s and are protected by US and foreign copyright laws.
If any party or user misappropriates or uses our trademarks or copyrights without the express written consent of Elizabeth Dow Ltd.,Elizabeth Dow Ltd. may pursue any and all injunctive, equitable, and monetary damages permitted under the law to protect and enforce its rights. Any and all users of the Website agree that if they use or misappropriate a mark or copyright without our express written consent, Elizabeth Dow Ltd. shall receive legal fees and costs for protecting and enforcing its rights.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Except for information necessary to place an order, we do not want you to send to us any confidential or proprietary information through this Website. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Elizabeth Dow Ltd. employees and agents might seem to be similar to creative works submitted by users. Accordingly, if, at our request, you send certain specific submissions (for example, contest entries) or, without out 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 Elizabeth Dow Ltd. has the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy 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 Website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Elizabeth Dow Ltd. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make as well as their accuracy. Elizabeth Dow Ltd. takes no responsibility and assumes no liability for any Comments posted by you or any third party.
ERRORS AND INACCURACIES
We always try to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
All Elizabeth Dow Ltd.'s products and services that are provided through the Website are provided to you "as is" and "as available." Elizabeth Dow Ltd. makes no warranties or representations of any kind with respect to such products or services, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose or non-infringement, which Elizabeth Dow Ltd. hereby expressly disclaims. Elizabeth Dow Ltd. does not guarantee that your access to the Website will be uninterupted or error-free, or that information or other content obtained through the Website will be useful or that it will satisfy your requirements. Elizabeth Dow Ltd. will not be liable for any delay, down time, or other failure of performance.
LIMITATION OF LIABILITY
Elizabeth Dow Ltd. will have no liability for any loss or damage arising out of, or relating to, the Website or Elizabeth Dow Ltd.'s products or any other performance under, or pursuant to, these terms and conditions (including liability for negligence) except for the gross negligence or willful misconduct of Elizabeth Dow Ltd..
In no event will Elizabeth Dow Ltd.'s liability of any kind (a) include any special, indirect, incidental or consequential losses or damages, even if Elizabeth Dow Ltd. shall have been advised of the possibility of such potential loss or damage, or (b) exceed the price you paid for the product or service that is the basis for the claim.
You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Website or of the networks connected to the Website, and to abide by all security policies adopted by Elizabeth Dow Ltd.You acknowledge and agree that, for security purposes, Elizabeth Dow Ltd. may monitor your account and your access to and use of the Website. Elizabeth Dow Ltd. may at any time terminate or suspend your access to the Website as Elizabeth Dow Ltd. considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. Elizabeth Dow Ltd. may also impose limits on certain features and functions of the Website, or restrict your access to the Website without notice or liability.
You agree to defend, indemnify and hold Elizabeth Dow Ltd. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Agreement.
By visiting our Website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our Website.
Elizabeth Dow Ltd. respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide us with the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
In accordance with the Digital Millennium Copyright Act, Elizabeth Dow Ltd. has the following designated agent to receive notification of an alleged act of copyright infringement occurring on the Elizabeth Dow Ltd. Site:
Elizabeth Dow Ltd.
ATTN: DMCA Copyright Agent
14 Gingerbread Lane
East Hampton, NY 11937
Please note that this procedure is exclusively for notifying Elizabeth Dow Ltd. that you believe your copyrighted material has been infringed.
We will not sell or share your information with any third party outside of our organization, other than necessary to fulfill your request, e.g. to ship an order.
If our information practices change, we will post an updated version of the Policy on the Elizabeth Dow Ltd. Website.
We may collect personal information from you, such as your name, email address, postal address, phone number, or credit card number when you visit our Website, place an order online or by phone, save your information with us online, contact us with a question or concern. We also maintain a record of your product interests and the purchases you make online or by phone.
We may use your personal information in the following ways:
- To process and fulfill your order, including processing payment, order shipping, sending you emails to confirm your order status and shipment;
- To communicate with you and to send you information by email, postal mail, telephone, or other means about our products, services, and promotions, unless you have directed us otherwise.
- To help us learn more about your shopping preferences;
- To help us address problems with and improve our site design, products and services;
- To enhance your shopping experience through our Website;
- To analyze trends and statistics;
- To protect the security or integrity of our Website and our business; and/or
- To contact you if necessary.
Please note that when you make an online purchase from us, we will continue to confirm your order status and shipment by email. We may also need to contact you via telephone, email or postal mail with questions or information regarding your order.
We take precautions, including the use of encryption technologies and authentication tools, to protect the security of your personal information and to provide you with a safe and convenient shopping experience. We have in place certain physical, electronic, contractual, and managerial safeguards to protect the security and privacy of your personal information.
We use "cookies," which are small data files that are stored on your computer’s hard drive when you visit our Website. Cookies enable you to shop on our Website and may be used in a variety of ways to enhance or personalize your online browsing and shopping experience.
You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it.
HOME FURNISHINGS AND ACCESSORIES RETURN POLICY
If you're not completely satisfied with your purchase, we’ll gladly offer you an exchange or refund of the merchandise price within 5 days of receipt of product. Please note that return shipping charges are non-refundable, unless the item received is damaged. Contact us upon receipt of shipment at 631-329-1414 or firstname.lastname@example.org, so that we can provide you with a return shipping label and expedite your replacement order. We do not accept returns on the following items: fabric, wallcovering, artwork, casegoods, upholstery, and all custom orders.
TEXTILE & WALLCOVERING SALES TERMS & CONDITIONS
Minimum orders are two yards on all fabrics, and fifteen yards on all handpainted wallpapers. Other wallcoverings please call to inquire. We sell in increments of full yards only.
Complete street addresses, including accurate zip codes, are required. Any charges incurred by Elizabeth Dow Ltd. for incorrect ship-to address will be billed to the purchaser. Orders must be paid in full prior to shipment. All orders not paid upon completion may incur additional storage fees and interest charges. Buyer will lose their entire deposit if the order is not paid for in full within thirty days of completion.
Quoted delivery dates are approximate and Elizabeth Dow Ltd. is not responsible for any delay or failure in performance beyond our control.
There is no obligation to accept return of goods ordered in error. Customer must examine goods before cutting, treating, or installing as no allowance will be made after merchandise has been altered in any way regardless of the reason. In no event will any labor or shipping costs be accepted. There are absolutely no cancellations or refunds for fabric or wallcovering after receipt of deposit.
Our merchandise is not guaranteed against fading or shrinkage through cleaning, steaming, and exposure to the sun or effects of wear. Elizabeth Dow Ltd. is not responsible for precise color matching due to possible spinning, yarn, weaving or dye lot variations. All of our handmade wallcoverings are created on
a custom basis. Because each panel is hand-painted, slight color and textural variations are to be expected. Inspect material thoroughly upon receipt. It is the buyer’s responsibility to request cuttings of current stock for approval.
All claims against Elizabeth Dow Ltd., including defects, shortages, and dye lot variation must be made within ten days after shipment of the merchandise. Failure to make any claim within said period shall constitute acceptance of the merchandise and a waiver of said defects, shortages, or dye lot variation. No claim shall be made in any event if the merchandise has been cut, treated, or installed. Elizabeth Dow Ltd’s liability shall not exceed the contract price and Elizabeth Dow Ltd. shall in no event be liable for labor charges or any other consequential damages.
Elizabeth Dow Ltd. – 1992 – All Rights Reserved.