Last Updated: 11/14/2023
Welcome, and thank you for your interest in Boutique Rugs!
Boutique Rugs, LLC and, as applicable, its subsidiaries, affiliates, and related entities (“Boutique Rugs” or “we”) provide this website (“Site”) subject to your compliance with these Terms of Service (“Terms”).
PLEASE READ THE TERMS BELOW CAREFULLY BEFORE USING THE SITE.
These Terms govern your use of the Site and provide information about Boutique Rugs, outlined below. These Terms constitute a legally binding contract between Boutique Rugs and you. When you access the Site or create an account, you agree to these Terms.
We will notify you of any changes to these Terms by updating the “Last Updated” date at the top of the page.
USE AND RESTRICTIONS
The Site may be accessed and used only by individuals who can form a legally binding contract under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws.
Boutique Rugs grants you a personal, limited, non-exclusive, non transferable license to access and make personal use of the Site and the content and other information contained on the Site. This Site is provided solely as a convenience to you for non-commercial use. You may access the Site only in accordance with all applicable laws and regulations and with these Terms. The licenses granted by Boutique Rugs to you automatically terminate if you do not comply with these Terms. You acknowledge and agree that Boutique Rugs and affiliates, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Site. You further agree that, by submitting User Content (as defined below) and otherwise using the Site, you will not: (a) resell for commercial purposes products purchased through the use of the Site; (b) resell or make commercial use of the Site or content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any content contained on the Site; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Site; (f) other than for your use of the Site as expressly permitted in these Terms, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content or other information transmitted to or via the Site; (h) use, frame, or utilize framing techniques to enclose any Boutique Rugs trademark, logo or other proprietary information (including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page) without Boutique Rugs’ express written consent; or (i) use any meta tags or other “hidden text” utilizing a Boutique Rugs’ name, trademark, or product name without Boutique Rugs’ express written consent.
All content and any compilations thereof included on this site, including, but not limited to, text, graphics, logos, icons, images, audio clips and software, is the property of Boutique Rugs, or its content suppliers, and is protected by patent, copyright, trademark and other intellectual property laws. All software used on this site is the property of Boutique Rugs or its software suppliers and is protected by patent, copyright, trademark and other intellectual property laws.
The content and software on this site may be used as a shopping resource only and may not be used except in accordance with these Terms or with Boutique Rugs’ express written consent. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this site in any way to any other computer, server, web site, smart phone, tablet or other medium is strictly prohibited.
COPYRIGHT INFRINGEMENT POLICY
If you believe any content on the Site infringes the copyright in a work that you own, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to us at firstname.lastname@example.org. The DMCA Takedown Notice must include the following:
- Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
All trademarks, service marks, and logos, whether registered or unregistered (collectively the “Trademarks”), used and displayed on the Site are proprietary to Boutique Rugs in both the United States and abroad. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written consent of Boutique Rugs. You may not use, display, reproduce or otherwise modify in any way the Trademarks without the prior, written consent of Boutique Rugs.
ACCOUNTS AND REGISTRATION
To access some features of the Site, you must register for an account (“Account”). When you register for an Account, you may be required to provide Boutique Rugs with some information about yourself, such as your name, address, email address, billing information or other contact information. You agree that the information you provide to Boutique Rugs is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities, including, without limitation, all purchases of products and services through the use of the Site, that occur under your Account or your account password. If you believe that your Account is no longer secure, then you must immediately notify us by contacting customer service at email@example.com.
Boutique Rugs has the rights to disable any account or password at any time, for any reason.
TERMS OF SALE
All product sales from the Site are governed by any terms of sale that may be posted on the Site. Please refer to our FAQ section of the Site to learn more about our return policy and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice and at any time, in Boutique Rugs’ sole discretion. Please review the terms of sale each time you make a purchase. Additional information may be found under the Support section of the Site.
REFUNDS AND EXCHANGES
Products purchased from Boutique Rugs are subject to the Return Policy available on the Site.
The Site permits the submission of content, such as comments, blogs, and product reviews, generated by you and other users (“User Content”).
You acknowledge that you are solely responsible for your own User Content, and that you, and not Boutique Rugs, have full responsibility for each submission of User Content you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. By submitting User Content, you represent that the posting and use of your User Content on or through the Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights, or any applicable law, rule or regulation. Boutique Rugs takes no responsibility for User Content.
You acknowledge that any User Content or other material, information or ideas that you submit to or post or publish on the Site is non-confidential and non-proprietary. By posting or publishing User Content to the Site, you grant Boutique Rugs a non-exclusive, irrevocable, transferable, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
Boutique Rugs reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site; and (c) refuse, delete, modify, edit or remove any User Content, with or without cause and with or without notice, for any reason or no reason, or for any action that Boutique Rugs determines is inappropriate or disruptive to the Site or to any other user of the Site. Boutique Rugs may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.
THIRD-PARTY LINKS AND CONTENT
To the extent this Site contains hyperlinks to outside services and resources, the availability and content of which Boutique Rugs does not control, own, or operate, any concerns regarding such service or resource, or any hyperlink hereto, should be directed to the particular outside service or source. Boutique Rugs is not responsible for any content, materials, or other information located on or accessible from any other site or hyperlink. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party website or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions of the privacy policies imposed by such third parties.
You agree to, jointly and severally, indemnify, defend, and hold harmless Boutique Rugs, its affiliates and their respective directors, officers, employees and agents against any and all losses, liabilities, claims, expenses (including reasonable attorney’s fees and costs), which Boutique Rugs suffers or incurs that are caused by or are a result of or related to: (i) your unauthorized use of, or misuse of, the Site; (ii) your violation of any portion of these Terms, any representation, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any misrepresentation made by you.
WARRANTIES AND DISCLAIMER
EXCEPT AS PROVIDED FOR IN THESE TERMS, THE SITE, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, BOUTIQUE RUGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE INFORMATION, PRODUCTS, AND ALL MATERIALS AND CONTENT AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
Nothing in these Terms shall affect your legal rights under applicable consumer laws.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BOUTIQUE RUGS OR ITS RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS AND SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, MULTIPLIED OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE DAMAGES RESULTING FROM LOST PROFITS, LOSS OF DATA OR ANY OTHER TANGIBLE LOSS) ARISING OUT OF OR RELATING TO THE ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BOUTIQUE RUGS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, BOUTIQUE RUGS’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS FOR ALL CLAIMS OF ANY KIND WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO BOUTIQUE RUGS UNDER THESE TERMS DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. ANY ACTION BROUGHT BY THE CUSTOMER AGAINST BOUTIQUE RUGS MUST BE BROUGHT WITHIN ONE YEAR OF THE CLAIM ACCRUING, EVEN IF IT IS NOT KNOWN AT THE TIME OF ACCRUAL. FAILURE TO BRING THE ACTION WITHIN ONE YEAR WILL CONSIDERED A PERMANENT AND IRREVOCABLE WAIVER OF THE CLAIM. THE CUSTOMER MUST GIVE BOUTIQUE RUGS THIRTY (30) DAYS WRITTEN NOTICE PRIOR TO FILING THE ACTION WITH SUCH NOTICE PROVIDING BOUTIQUE RUGS THIRTY (30) DAYS TO CURE SUCH CLAIM. FAILURE TO PROVIDE NOTICE WILL ALSO CONSTITUTE A PERMANENT AND IRREVOCABLE WAIVER OF THE CLAIM.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
ARBITRATION. YOU AND WE EACH AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, INCLUDING ANY QUESTIONS OF ARBITRABILITY (“DISPUTE”), SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) BY A SOLE ARBITRATOR. You and we each also agree that this Arbitration Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern any questions regarding the enforceability of this dispute resolution provision, including all questions of arbitrability (despite the general choice of law provision set forth below). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
For any Dispute, you must first give us an opportunity to resolve your claim by sending a written description of your claim to 560 Marine Drive Calhoun GA 30701 USA, with a copy to firstname.lastname@example.org. You and we each agree to negotiate your claim in good faith for a sixty-day period. You further agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within sixty (60) days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.
If we are unable to resolve your claim within sixty (60) days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to the following address: 560 Marine Drive Calhoun GA 30701 USA, with a copy to email@example.com, and to the AAA. The arbitration of all disputes will be administered by the AAA under its rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflict with our agreement in these Terms, in which case these Terms will govern. The AAA rules are available at www.adr.org. If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.
WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). YOU AND WE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). Each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
If a court or arbitrator determines in an action between you and us that any part of this Dispute Resolution provision cannot be enforced, the rest of this Dispute Resolution provision will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Dispute Resolution provision (other than this sentence) will not apply to that claim (but will still apply to any and all other claims that you or we may assert in that or any other action).
These Terms are governed by the laws of the State of Georgia without giving effect to principles of conflict of law of any jurisdiction.
CALIFORNIA PROPOSITION 65
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. Please contact us prior to ordering if you have any questions regarding the safety of these products.
WAIVER AND SEVERABILITY
The waiver by either party of any term or condition set forth in these Terms shall not be construed as a further or continuing waiver of any such term or condition or a waiver of any other term or condition, nor shall any delay or omission on the part of either party to exercise or avail itself of any power or privilege that it has or may have hereunder operate as a waiver of any such right or provision. If any provision of these Terms, or the application of such provision to any person or circumstance, shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these Terms, or the application of such provision to persons or circumstances other than those to which it is held to be invalid or unenforceable, shall not be affected thereby.
TERM AND TERMINATION
These Terms are effective beginning when you accept the Terms or first access or use the Site and terminate as described below. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, you agree that Boutique Rugs may, at its sole discretion, terminate these Terms or your account on the Site, or suspend or terminate your access to the Site, at any time for any reason, with or without notice. The provisions of the Copyright, Trademark, User-Generated Content, Use and Restrictions, Warranties and Disclaimers, Indemnification, Limitation of Liability, Dispute Resolution, and Governing Law, together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms.
Any headings or titles herein are for reference purposes only and are not intended to affect in any way the meaning or interpretation of these Terms.
If you are having difficulty viewing the content on this Site or navigating the Site, or have questions, comments, complaints about these Terms or the Site, please contact our Customer Service Department by calling toll free 1-855-585-4040 between 9:00 A.M. and 10:00 P.M. EST, Monday through Friday; 9:00 A.M. and 5:00 P.M. EST, Saturday; 11:00 A.M. and 5:00 P.M. EST, Sunday. We are also available for live online chat during those hours, or you may send an email at any time to firstname.lastname@example.org.