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Incy Interiors USA

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Last updated: 4/28/16

Welcome to incyinteriors.com (“Website”). This Website is owned and operated by Incy Interiors Pty Ltd, aka Incy Interiors (“Incy” or “we” or “us” or “our”).

Please take a few minutes to review these terms and conditions (these “Terms & Conditions”). These Terms & Conditions govern your use and access of our Website. Please note that a different set of terms and conditions, which you can find by clicking here, govern use and access in Australia of incyinteriors.com.au (“Australian Site”).

Your use of our Website constitutes your agreement to follow and be bound by these Terms & Conditions.

General

We may from time to time revise and update the Terms & Conditions that govern your use and access of our Website. Your use of our Website following any such revisions and/or updates constitutes your agreement to follow and be bound by the Terms & Conditions as revised and/or updated. We may change, move or delete portions of, or may add to, our Website from time to time. For this reason, we encourage you to review these Terms & Conditions each time you use this Website.

Eligibility

You must be at least 13 years old to use our Website. If you are under the age of majority in your state of residence your parent or legal guardian must agree to these Terms & Conditions on your behalf and you may only access and use the Website with permission from your parent or legal guardian.

Acceptable use

You are responsible for your use of the Website, and for any use of the Website made using your account. You may only use our Website for lawful purposes. When using our Website, you must not:

(a) violate any law or regulation;

(b) violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

(c) impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;

(d) stalk, harass, or harm another individual;

(e) send unsolicited or unauthorized advertising or commercial communications, such as spam;

(f) make any fraudulent speculative or false inquiries or bookings;

(g) post or transmit to or via this Website any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;

(h) knowingly transmit any virus or other disabling feature to the Website;

(i) interfere with, disrupt, or create an undue burden on the Website or the associated systems;

(j) engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website;

(k) use any means to scrape or crawl any pages contained in the Website;

(l) frame or mirror any part of the Website without our written approval; or

(m) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so.

Site contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other material that are part of this Website (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Incy.

Except for your purchasing of Incy products through our Website, the Contents of our Website, and the Website as a whole, are intended solely for personal, non-commercial use by the users of our Website. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Website.

You may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use (other than for your purchasing of Incy products through our Website), (2) you do not copy or post the Content on any network computer or broadcast the Content on any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Incy.

Prices and taxes

The prices displayed on our Website may differ from prices that are available on our Australian Site and in stores, and our pricing may differ from store to store. All prices on this Website are displayed in U.S. Dollars and such prices are valid and effective only for orders to be shipped to a final delivery location within the contiguous United States of America.

Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which an order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on the Website at the time of your order.

Colors and distressing

We have made every effort to display as accurately as possible the colors of Incy products that appear on our Website. Please note that the colors you see will depend on your monitor and may vary slightly from the actual colors of the Incy products, and we therefore cannot guarantee that your monitor’s display of any color will be accurate.

Further, all of our wooden furniture is handmade and the amount of distressing may therefore vary from product to product, and such distressing can alter the color of any Incy product.

Product availability

Incy products displayed on the Website are available for purchase while supplies last. Due to popularity or interruption of supply, some items may be unavailable or out of stock.

Further, if you intend to travel to a store that stocks Incy products in order to examine and/or purchase one or more Incy products in-store, we suggest that you first call such store on the telephone to inquire whether such store has such Incy product(s) in stock, on display or otherwise available for purchase prior to traveling to such store.

Payment Plans

For the purpose of convenience to our customers, we offer a payment plan option for Incy products purchased through our Website. We encourage you to review our Payment Plan policy (“Payment Plan Policy”) by clicking here. We reserve the right to make changes to our Payment Plan Policy at any time and without notice. Our Payment Plan Policy is hereby incorporated by reference in these Terms & Conditions, and you agree to be bound by our Payment Plan Policy.

Shipping and processing, returns and warranty

Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packaging the Incy product(s) you purchase and delivering such Incy product(s) to you.

We encourage you to review our shipping, returns and warranty policies (“Shipping, Returns & Warranty Policies”) by clicking here. We reserve the right to make changes to our Shipping, Returns and Warranty Policies at any time and without notice. Our Shipping, Returns & Warranty Policies are hereby incorporated by reference in these Terms & Conditions, and you agree to be bound by our Shipping, Returns & Warranty Policies.

Assembly, advice and technical information

Some Incy products may require self-assembly.

Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service (“Advice & Technical Information”) provided by Incy in relation to any Incy product is given in good faith and is believed by Incy to be appropriate and reliable. Any such Advice & Technical Information provided by Incy in relation to any Incy product, however, is approximate only and any use of such Advice & Technical Information provided by Incy is at your own risk.

Further, it may be necessary for us to make changes from time to time to any of our Advice & Technical Information provided by Incy in relation to any Incy product. We reserve the right to make such changes at any time and without notice.

Inaccuracy disclaimer

From time to time there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to Incy product descriptions, pricing, and availability. Incy reserves the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice (including in relation to any Incy product that you have already ordered). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.

Privacy

Our privacy policy on our Website (“Privacy Policy”) outlines how and when personal information is collected, stored and distributed by Incy. You can review our Privacy Policy by clicking here. Our Privacy Policy is hereby incorporated by reference in these Terms & Conditions, and you agree to be bound by our Privacy Policy.

General disclaimer

THIS WEBSITE, AND ALL CONTENT AVAILABLE ON THIS WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT INCY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCY 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 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; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INCY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Incy and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms & Conditions by you or anyone using your account on our Website. If we assume the defense of such a matter, you agree to reasonably cooperate with us in such defense.

Overseas access

Our Website is accessible from within the United States of America and from most other internet-connected places throughout the world. Incy makes (i) no offer in or by this Website to sell any Incy product or service through this Website to any individual or entity located outside of the contiguous United States of America, and (ii) no representations that the content of this Website complies with the laws of any country outside the United States of America. If you access our Website from a location outside the United States of America, you do so at your own risk and you are responsible for complying with the laws in the jurisdiction in which you access our Website.

Disputes

Any dispute or claim relating in any way to your use of our Website, or to any Incy product sold through incyinteriors.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms & Conditions.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms & Conditions as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, The Corporation Trust Company, Corporation Trust Center 1209 Orange St, Wilmington, DE 19801. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Incy will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Los Angeles County, California, or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.  If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable laws

By using our Website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Incy or any Incy Affiliate.

Other provisions

Under no circumstances will we 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.

We reserve the right to make changes to our Website, Policies and these Terms & Conditions at any time.

If any provision of these Terms & Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms & Conditions and will not affect the enforceability of any other provision of these Terms & Conditions.

The failure by us to enforce any right or provision of these Terms & Conditions will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms & Conditions, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

 

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