Last Updated: October 4, 2011
TERMS AND USE AGREEMENT
ESTABLISHING TRADE ACCOUNTS / GENERAL ORDERING INFORMATION
BOLT HOUSE TEXTILES sells on a retail and trade basis. All purchases made through BOLT HOUSE TEXTILES will be considered retail, unless a trade account is established. To qualify for trade purchases, you must be a valid trade professional, including but not limited to Interior Designer, Architect, Contractor, or Showroom. All qualified professionals will be asked to fill out a form and submit a valid resale exemption certificate, as well as a business license. Those that qualify will have a trade account set up with BOLT HOUSE TEXTILES, and will thereafter be offered a trade discount for purchases. Once a trade account is established, by placing an order with BOLT HOUSE TEXTILES and providing the resale exemption certificate, you are representing that you are the owner, agent or representative of a currently valid trade business and that the transaction being made is a tax exempt purchase for resale.
INTELLECTUAL PROPERTY, TRADEMARKS AND COPYRIGHTS
This site and all of the content made available on it, including all designs, products, illustrations, photographs, graphics, articles, text and all other copyrightable material, all trademarks, trade names, service marks, logos and domain names, and all other forms of intellectual property (collectively, “Content”), are owned by BOLT HOUSE TEXTILES and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and international treaties. BOLT HOUSE TEXTILES grants to you a non-exclusive, limited purpose license to access and view this site, and to print selected pages that appear on this site for your own personal reference and non-commercial use, but not to otherwise use the Content in any manner not expressly authorized in these Terms and Conditions. Nothing contained in these Terms and Conditions may be interpreted to grant to you any other license or right to access or use any of the Content without the prior written consent of BOLT HOUSE TEXTILES. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING, OR ANY OTHER MISUSE, OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. As a user of this site, you agree not to use the Content for any unlawful purpose, and not to violate BOLT HOUSE TEXTILES rights, or any third party owner’s rights, in and to the Content.
BOLT HOUSE TEXTILES is a trademark of BOLT HOUSE TEXTILES.
When you visit the site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All orders shall be placed with a valid credit card. BOLT HOUSE TEXTILES charges credit cards upon placing orders for strike-offs and custom designed products for the entire purchase price of the order. By providing all required information requested to process your credit card, you are irrevocably authorizing BOLT HOUSE TEXTILES to charge the credit card for the entire purchase price at the time of production. Delivery is typically anywhere from (7) to (10) days for strike-off orders and (2) to (12) weeks for products, including, but not limited to, custom fabric yardage, pillow covers and lighting. Orders may not be changed or cancelled once placed, as they are typically in production 24 hours after placing the order.
TAXES AND DUTIES OR CUSTOMS CHARGES
BOLT HOUSE TEXTILES will collect sales tax on all purchases of merchandise to be shipped to locations within Florida. Users are responsible for all sales taxes and other taxes, if any, applicable to merchandise shipped to locations outside Florida. The rate of sales tax applicable to all merchandise shipped to locations within Florida will be the rate applicable in Florida at the time of purchase. You and/or the recipient will be solely responsible for any duties or customs charges imposed on all purchases of merchandise shipped to locations outside the United States.
When you place an order, you will be given an estimated time of completion, and then an e-mail will be sent to you to confirm that your order is ready to ship.
PLEASE NOTE: WE DO NOT SHIP TO P.O. BOXES! Shipping costs are dependent on the items in your order and the shipping method you select. Your total shipping charge for our standard shipping option (FED EX GROUND) will be 10% of order total, before discounts or taxes, and 15% of order total for expedited Fed Ex Express shipping option.
*Shipping Cost is based on order total, before any discount, coupon or any other price reduction is applied, or any tax is added.
Shipping rates are subject to change without notice due to increases beyond our control.
*** rates apply to shipping within the continental United States only.
Special Delivery Options
If you require special delivery options, or if you are requesting delivery to a location outside our shipping service area, or if you have other delivery specifications, please contact us directly by e-mail at email@example.com or by phone at 850.215.8596.
Shipping within the continental united states. We currently offer delivery within the continental United States through two services: Our standard option is Fed Ex Ground Service. Fed Ex Express (Next Business Afternoon) is a special request method. Fed Ex Express is only available on during business days; Monday-Friday, excluding federal holidays within the United States.
**Please be aware that you will be responsible for all additional duties and taxes applicable to shipments of merchandise to locations outside the United States in accordance with our Terms and Conditions.**
We generally ship completed items within two business days, unless otherwise indicated. Please consider your estimated production and packing time when selecting your shipping method. Also remember to NOT include weekends or holidays in calculating the estimated transit time for your shipment.
If you select our standard shipping method, FED EX GROUND, your package will have a delivery range of 3-6 business days, depending on your location. If FED EX EXPRESS is selected, then you will receive your package in 1 to 2 days. BOLT HOUSE TEXTILES shipping centers are located in FLORIDA and GEORGIA, and as such, nearby states will have the benefit of closer proximity when shipping.
TRACKING YOUR ORDER
When we ship your order, you will receive an email with your tracking number. Use this number as a reference to track your order at fedex.com or by calling 800.GOFEDEX. If you have further questions about your order, please e-mail us at firstname.lastname@example.org or call us at 850.215.8593.
You can select to send a package to ship with:
“Billing Address” the same address as the billing address on your credit card. This information must be correct in order for your order to be processed.
“Shipping Address” use as an alternate address for you or use this option to ship purchases to other locations (for example, gift recipients).
BOLT HOUSE TEXTILES makes every commercially reasonable effort to pack only first quality merchandise with carrier approved materials. BOLT HOUSE TEXTILES is not responsible for damage in transit. Bolt House Textiles does not insure packages with the carrier; if you would like to insure your package (s), contact BOLT HOUSE TEXTILES at the time you place your order. If your shipment is damaged in transit you agree to contact the carrier and BOLT HOUSE TEXTILES within (48) hours of delivery. You also agree to save all packaging materials and product, as you may be asked to send a photograph detailing the damage to BOLT HOUSE TEXTILES. You further agree not to cancel or contest payment or deduct from any invoice any amount due to BOLT HOUSE TEXTILES as a result of a damage claim. The carrier will conduct an investigation for the damage claim and it and/or BOLT HOUSE TEXTILES will contact you once the investigation is concluded to resolve the issue.
RETURNS / DEFECTS
Any claim for defective merchandise must be reported to BOLT HOUSE TEXTILES within (48) hours of delivery. Bolt House Textiles does not accept returns on custom, first quality merchandise for any reason. Contact BOLT HOUSE TEXTILES by emailing us at email@example.com or call us at 850.215.8593 in the event you receive defective merchandise, as all returns must be approved in advance by BOLT HOUSE TEXTILES.
PRODUCT SPECIFICATION / STRIKE – OFF POLICY
All products manufactured by BOLT HOUSE TEXTILES are custom and made on a per order basis. BOLT HOUSE TEXTILES products are produced on natural linens and linen/cotton blends, using natural, alginate based dye for printing. Therefore, natural variations will occur, including, but not limited to color of ground fabric, weave of fabric, and dye color. BOLT HOUSE TEXTILES ships items that conform to samples seen on the web site, www.stg.bolthousetextiles.dynamicquest.com. BOLT HOUSE TEXTILES offers strike-offs for a fee on the Site so you, the customer, may see current lots of ground fabrics and dye colors and have the ability to approve your strike-off, prior to production. By waiving the strike-off, you are irrevocably authorizing BOLT HOUSE TEXTILES to produce products in an “as is” condition and will be governed by the same “non return” policy that applies to all purchases through BOLT HOUSE TEXTILES.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOU ARE USING THIS SITE AT YOUR OWN RISK, AND THAT THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOLT HOUSE TEXTILES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, PRODUCTS OR SERVICES FEATURED ON THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, BOLT HOUSE TEXTILES DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS SITE, THE CONTENT, PRODUCTS OR SERVICES FEATURED, OFFERED AND/OR SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOLT HOUSE TEXTILES DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT, FEATURED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE, INDICATION OF AVAILABILITY, OR OTHER INFORMATION FEATURED ON THIS SITE.
BOLT HOUSE TEXTILES DOES NOT WARRANT THAT THIS SITE, THE SERVERS ON WHICH IT RESIDES OR E-MAIL SENT FROM THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOLT HOUSE TEXTILES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE STATE LAWS.
INFORMATION COLLECTION AND USE
BOLT HOUSE TEXTILES is the sole owner of all information collected on this site. The information that you supply to us enables us to personalize your experience on this site, to better service your requests, to facilitate our communications with you, and to improve our overall customer service capabilities. The information that we collect from you is used entirely and only by us, except in cases where we use third parties to perform certain functions for us, such as credit card processing, order fulfillment, package delivery or data analysis. In these cases, we provide such third parties with access only to the information that is necessary for them to perform the specific tasks for which they are responsible, and they are not authorized to retain, share, store or use that information for any other purpose. We will not share your information with, or sell or rent your information to, any other party for any reason. In the event that we contemplate using your information for any purpose other than those outlined above, we will notify you and provide you with an opportunity to choose not to share your information in the manner contemplated.
If you use 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.
USE OF LOG FILES
We may use IP addresses to analyze trends, administer this site, track movement and to gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
We have incorporated into this site certain features designed to safeguard information that we obtain from you. For example, when you are asked to enter certain sensitive information (such as a credit card number), that information is protected with encryption software.
While we use measures like encryption to protect sensitive information, we also take measures to protect your sensitive information offline.
Third parties may have access in order to perform specific functions such as billing, order processing, shipping and customer service, and such access is password protected. If you have questions about the security features of this site, you may send an e-mail to firstname.lastname@example.org.
TERMINATION OF USAGE
BOLT HOUSE TEXTILES may terminate your right to use this site, with or without cause at any time in its sole discretion, including, without limitation, your violation of these Terms and Conditions. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
You agree to indemnify, defend and hold harmless, BOLT HOUSE TEXTILES, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand. cause of action, debt or liability, including reasonable attorney’s fees to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of your agreements, hereunder; and/or (ii) arises out of your negligence, willful misconduct, or other breach of this agreement.
These Terms and Conditions shall be governed by, and construed in accordance with the substantive laws of the state of Florida without reference or regard to the conflicts of law rules of such state or any other jurisdiction. In the event a dispute arises under these Terms and Conditions, the Parties agree that the exclusive jurisdiction and venue for the resolution of any dispute shall be the state and federal courts located in Bay County, Florida. Each Party irrevocably submits to the jurisdiction of such courts and waives any objection which it may have to the conduct of any proceeding in any such court whether based upon improper venue, forum non conveniens or otherwise.
Each section of these Terms and Conditions shall be deemed and construed as a separate and independent section, term or condition and should any part or provision of this agreement be declared invalid by a court of competent jurisdiction, such invalidity shall in no way render invalid or unenforceable any other section, term or condition herein.
You understand and agree that you or your company is responsible for your or its own legal fees. If BOLT HOUSE TEXTILES takes any action to enforce, defend or interpret these terms and conditions, BOLT HOUSE TEXTILES is entitled to recover from you, and you agree to pay, all attorneys’ fees and any costs whether in litigation or otherwise, in addition to any other relief at law or in equity to which BOLT HOUSE TEXTILES may be entitled.
CHANGES TO SITE AND TERMS AND CONDITIONS
We reserve the right to change or modify all or any portion of this site, including any and all Content, products or services featured on this site, at any time in our sole discretion. Sales prices for products and services are subject to change without notice, and if products or services are listed at an incorrect sales price, we reserve the right to refuse, cancel or limit any orders placed for such products or services at the incorrect price.
We also reserve the right to change or modify all or any portion of these Terms and Conditions at any time in our sole discretion. At times such changes may be necessary to address the addition or discontinuance of products or services offered on this site, technological changes made to this site, changes made to our business procedures or practices, or other factors. More importantly, we will not be obligated to notify you of these changes as and when they are made. Accordingly, it is important that you review these Terms and Conditions regularly. If you disagree with any change that we may make to these Terms and Conditions, your sole recourse is to discontinue your use of this site.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Materials may be made available via the site by third parties not within our control. We are under no obligation to, and do not, scan content posted on the site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the site.
If you believe any materials on the website infringe a copyright, you should provide us with written notice that at a minimum contains:
- 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 at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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 the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows: email@example.com.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. In no event shall BOLT HOUSE TEXTILES be liable for any claim of copyright infringement which may arise from the posting of any photograph or other user generated content on any third party website or that may arise from any other unauthorized use by a third party of the photograph or other user generated content.
RESTRICTIONS FOR UNDERAGE KIDS
The use and enjoyment of this site is intended for people who are 18 years of age or older.