Terms & Conditions
LAST UPDATED: OCTOBER 2022
PERSONAL INFORMATION SUBMITTED THROUGH THE WEBSITE
NEW CUSTOMER 15% OFF PROMOTION DISCLAIMER & SALES
Enter your unique new customer code in your shopping bag to receive 15% off your first purchase. Discount is taken on pre-tax price. Offer valid online for new customers only. Shipping charges still apply. Sale Restrictions/Exclusions: Coupon Code does not apply to items that already have a "Special Price Marked" or "Free Shipping". The coupon Code does not apply to any Bargain Basement items. It does not retroactively apply to any previous orders placed on the website. Promotion does not apply to to previous purchases & can not be combined with any other offers.*Brands always excluded from promotions include the following: AFK Furniture, Arteriors, Bungalow 5, Bunny Williams Home, Newport Cottages, Kingsley Bate, Coleen and Company, Coral Door, Getty Images, Gray Malin Artwork Trays and Pouches, Lacefield Designs, Modern History Home, Natural Curiosities, Pigeon & Poodle, Redford House, Somerset Bay, Lettermade and select artwork (Items with the prefix item code AES- or TWAH-AES), certain decoupage lamps that are shipped from Europe and custom made playhouses or treehouses and certain private label pieces that are custom made to order. IF ITEMS ARE BACKORDERED and you would still like to pre-order and enjoy the discount, go ahead and do that and we will ship the items when they are back in stock! This holds your place in line. We can not secure a place in line for backordered items if your order is not in. Credit cards are charged at the time of order, even for backordered items.
You must be at least 13 years old to use the Website. If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms and Conditions on your behalf, and you may only access and use the Website with permission from your parent or legal guardian.
LINKS TO OTHER SITES
While visiting our Website, you may link to sites operated by our business partners or other third parties, the links for which are provided solely for your convenience. This does not mean that we endorse these sites, and your activities on them may be governed by terms and conditions and privacy policies that differ from ours. We do not make any representations or warranties about any website you may access through the Well Appointed House website. They are independent of us, and we have no control over, or responsibility for, their information or activities.
INTELLECTUAL PROPERTY OWNERSHIP AND USE
Please be aware that as you visit and navigate The Well Appointed House website your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks, copyrights, text, images, video clips, graphics, logos, icons photographs and/or other intellectual property in such materials (collectively, “the Intellectual Property”). You may not use any of The Well Appointed House Intellectual Property without our prior written permission. Trademarks or trade dress include, but are not limited to, The Well Appointed House name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of The Well Appointed House's products, services, and programs. Any other trademarks that appear on our Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
The products, prints, patterns, designs, text, graphics, logos, button icons, images, digital downloads, and data compilations appearing on the Website, as well as the software used to create them, are owned, or licensed by The Well Appointed House and are protected by the US and foreign copyright laws. You may electronically copy and/or print "hard copies" from the Website solely for personal, non-commercial purposes related to placing an order or shopping on the Website. Any other use of any content included on the Website, including linking or framing to this Website, is strictly prohibited unless you first obtain our prior written consent.
If any party or user misappropriates or uses our Intellectual Property without the express written consent of The Well Appointed House, The Well Appointed House may pursue any and all injunctive, equitable, and monetary damages permitted under the law to protect and enforce its rights. All users of the Website agree that if they use or misappropriate any of our Intellectual Property without our express written consent, The Well Appointed House shall receive legal fees and costs for protecting and enforcing its rights.
USER SUBMISSION TERMS
We love interacting with our customers, want to know what you are thinking, and see how you use our products. We welcome your remarks, suggestions, reviews, ideas, photos and videos, and other information and sometimes even want to showcase your content ourselves (“User Generated Content” or “UGC”). You give us UGC in a variety of ways, including:
- when you post or comment on The Well Appointed House (“TWAH”) Website;
- post or comment on our social media pages;
- specifically submit photos or other information through The Well Appointed House User Generated Content Gallery portion of the Website; or
- where we ask for your permission to use your photos or other information you have posted on your social media channels or sent to us.
It is important to remember that UGC submitted by you may be recorded and stored in multiple places, both on our website and elsewhere on the internet, and are likely to be accessible (i.e. viewable) for a long time. Your information may be available publicly, and you have no control over who will eventually see such materials. Be careful and selective about the personal information that you disclose about yourself and others and do not disclose sensitive, proprietary, or confidential information. Should you disclose sensitive, proprietary, or confidential information, you do so at your own risk and The Well Appointed House is not responsible for any consequences of such disclosure.
As between you and The Well Appointed House, LLC, you are and will remain the owner of the UGC, and you represent, warrant, and covenant to us that you own all rights, title and interest, including copyright, in and to the UGC you submit or post to the Website or agree to allow us to repost or use and such UGC is truthful and accurate and shall not breach, infringe, contravene, or detrimentally affect any other party's rights whatsoever, including intellectual property rights, and that no other party has any rights to it including so-called "moral rights." In other words, you promise that no other company or person will claim that you stole or are inappropriately using the UGC.
Our Right to Use your UGC. Although, as we explain above, you retain ownership of the UGC, by submitting, posting, or displaying UGC you give to The Well Appointed House a perpetual, worldwide, non-exclusive, fully transferable right and license to use (including the right to copy, display, perform, publish, modify, adapt, and translate) such UGC in all forms and media. This means that our right to possess, use and display the UGC anywhere and through any means will never expire, that we will never owe you any money for it, and that we may allow others to use or possess the UGC. If you remove the UGC from a Social Account and would prefer that The Well Appointed House, LLC no longer use it on the Website or otherwise, please contact us at firstname.lastname@example.org. We are not responsible for third party websites and other companies.
Right to Monitor & Editorial Control. The Well Appointed House does not and cannot review all UGC, and we rely on you to make sure that the UGC is appropriate and applies to applicable laws. You agree that your UGC will not violate any right of any third party, including copyright, trademark, privacy, or another personal or proprietary right. You also agree that your UGC 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 or other identifying information, pretend to be someone other than yourself, or otherwise mislead The Well Appointed House LLC or third-parties as to the origin of any UGC. However, The Well Appointed House LLC does reserve the right but does not have an obligation, to monitor and/or review UGC and to delete, revise, or otherwise modify the UGC at our discretion, subject to applicable law. We reserve the right to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of our Terms & Conditions, The Well Appointed House’s policies or applicable law. We may also impose limits on certain features of the Website or restrict your access to part or all the features without notice or penalty if we believe you are in breach of the guidelines set forth in these User Submission Terms, our Terms & Conditions, or applicable law, or for any other reason without notice or liability.
Copyright Violations. If you believe that UGC that we use on the Website or in other places infringes on your copyright, you may request that the material be removed, or that access to it be blocked. Please see “Copyright Infringement” in our Terms & Conditions.
YOUR RESPONSIBILITIES WHILE USING OUR WEBSITE
You are responsible for your use of the Well Appointed House Website. Harassment in any manner or form on the Website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including The Well Appointed House or other licensed employees, hosts, or representatives as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization. You will comply with all applicable laws, treaties, regulations, and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which The Well Appointed House controls and operates the Website and services associated therewith.
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 the colors of our products that appear on the Website as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.
The Well Appointed House is providing the website and its contents on an "as is" basis and 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 The Well Appointed House hereby expressly disclaims. The Well Appointed house does not guarantee that your access to the website will be uninterrupted or error-free, that information or other content obtained through the website will be useful, or that it will satisfy your requirements. The Well Appointed House will not be liable for any delay, downtime, or other failures of performance.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, The Well Appointed house and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of The Well Appointed House website; (c) any unauthorized access to or use of our servers or of any personal information or user data; (d) any interruption of transmission to or from the website or any mobile applications; (e) any malware, viruses, trojans and the like which may be transmitted on or through the website or mobile applications by a third party; or (f) any loss or damage arising out of or relating to, the website or The Well Appointed House'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 The Well Appointed House.
To the fullest extent permitted by applicable law, in no event will The Well Appointed House's liability of any kind (a) include any special, indirect, incidental, or consequential losses or damages, even if The Well Appointed House 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 The Well Appointed House. You acknowledge and agree that, for security purposes, The Well Appointed House may monitor your account and your access to and use of the Website. The Well Appointed House may at any time terminate or suspend your access to the Website as The Well Appointed House considers appropriate or necessary in its sole discretion for security reasons, because of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. The Well Appointed House 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 The Well Appointed House harmless from and against any and all claims, damages, costs, losses, and expenses (including, without limitation, attorneys' fees and legal costs) of any kind 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 Connecticut, 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. Any action relating to the use of the Website or mobile applications must be brought in the state or federal courts located in the County of Fairfield, Connecticut. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Under no circumstances will The Well Appointed House be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms and Conditions including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
- 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 of where the material that you claim is infringing is located on the site;
- A date of violation in relation to the copyrighted work and a date of approved copyright.
- 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.