Terms Of Sale
LAST UPDATED SEPTEMBER 27, 2024
1. Introduction. These terms and conditions govern the online sales of this website (these "Terms of Sale") and apply to the purchase and sale of products and services through www.homethemedhome.com (the "Site"). These Terms are subject to change by Home Themed Home LLC (referred to as "Company", "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the "Last Updated Date" referenced above. You should review these Terms of Sale before purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
These Terms of Sale are an integral part of the Website Terms of Use Agreement that apply generally to the use of our Site and these Terms of Sale are incorporated by reference for all purposes into the Terms of Use Agreement. By agreeing to the Terms of Use Agreement you are agreeing to these Terms of Sale.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept Visa, Mastercard, American Express, Discover, and Diners Club debit and credit cards using Shopify Payments in the United States. Additionally, businesses can accept Apple Pay, Google Pay, and Shop Pay. for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call 409-351-2123 or email us at hello@homethemedhome.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a ___ % restocking fee.
Refunds are processed within approximately five business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
or defective returns, please refer to the manufacturer's warranty (see 6) included with the product or as detailed in the product's description on our Site.
6. Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
7. Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH OUR PLATFORM OR SERVICES OR PRODUCTS OFFERED BY COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY AND/OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS PROHIBITED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR INSUREDS TO YOU OR ANY THIRD PARTY FOR DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR PLATFORM OR $100, WHICHEVER IS LESS.
8. Disclaimer of Warranties. YOU AGREE THAT THE PLATFORM, AND ALL OF ITS CONTENTS, AND EACH THIRD-PARTY WEBSITE ACCESSIBLE FROM OR THROUGH THE PLATFORM, ARE PROVIDED TO YOU "AS IS" AND “AS AVAILABLE.”
YOU AGREE THAT YOUR USE OF OUR PLATFORM OR ANY OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, INFORMATION AND PROTECTION, OR QUIET ENJOYMENT IN CONNECTION WITH THE SERVICE AND/OR PLATFORM AND YOUR USE THEREOF.
YOU AGREE THAT COMPANY UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY AND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR AND IS NOT LIABLE FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY IT OR A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD PARTY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM OR SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
YOU AGREE THAT COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR THE TIMELINESS OF OR REMOVAL OF INFORMATION, FAILURE TO STORE INFORMATION, INACCURACY OF INFORMATION, OR THE IMPROPER DELIVERY OF INFORMATION.
9. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
10. Privacy. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, pandemic, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction. These Terms, the Terms of Sale and our Privacy Policy shall be governed by and interpreted in accordance with the laws of the State of Texas, United States of America, without giving effect to any choice or conflict of law provision or rule or any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
By using this Platform you hereby irrevocably consent to the jurisdiction of the courts and arbitration located in Harris County, Texas, to the exclusion of all others, for any action arising out of or in any way relating to the Terms, the Terms of Sale, our Privacy Policy or the use of the Site. Furthermore, you hereby agree to waive any right to contest venue or personal jurisdiction in Harris County, Texas.
You agree that any dispute, cause of action or claim you may have arising out of or in any way relating to the Terms, the Terms of Sale, our Privacy Policy or your business relationship with the Company must be commenced within two (2) years and one day from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
13. Dispute Resolution and Binding Arbitration. All disputes, controversies or claims arising out of or relating to these Terms of Sale (including its formation, performance, alleged breach, enforceability and validity, or your purchasing of goods or services from us or third parties, shall be exclusively resolved by confidential binding arbitration in accordance with the laws of the Federal Arbitration Act before a single arbitrator.
If you and Company cannot agree on the appointment of an arbitrator, then such arbitrator shall be appointed by the American Arbitration Association. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Other than the initial filing fees to be paid by the person or entity bringing the Arbitration, the costs of the arbitration shall be split 50/50 unless otherwise ordered by the Arbitrator for good cause; provided, however, that the arbitrator has no ability to award attorneys’ fees or costs incurred on any party’s behalf in connection with any arbitration proceeding. The Arbitrator is limited to deciding matters as they exist between you and Company only. The arbitration shall take place in Harris County, Texas. The Arbitrator shall follow Texas law, as may apply to a particular claim. In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably agree that such proceedings must be brought to court located in Harris County, Texas. Both you and Company consent and submit to the personal jurisdiction and venue of state and federal courts located in Harris County, Texas.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST EACH OTHER OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A PLAINTIFF, REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of this Class Action Waiver. If the Class Action Waiver is deemed to be unenforceable, you and COMPANY agree that this Agreement is otherwise silent as to any party’s ability to bring a class, collective or representative action in arbitration. The Arbitrator may not consider and has no authority to consider any claims alleged as class or collective actions or as a representative matter.
As noted, the Arbitrator's authority to resolve and make written awards is limited to claims between you and Company only. Claims of different individuals or entities may not be joined or consolidated in any arbitration between you and Company, and the Arbitrator has no authority whatsoever over such other claims, unless agreed to in writing by you and Company. Nonetheless, no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
14. Miscellaneous.
Severance. If any portion of these Terms of Sale are deemed unlawful, void or unenforceable, then that part shall be deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions, which shall be construed in accordance with applicable law.
Non-Waiver. The failure of Company to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit any party’s rights with respect to such breach or any subsequent breaches.
Assignment. You cannot assign your rights under these Terms of Sale without our prior written agreement. We can in our sole discretion and without prior notice to you, assign our rights and obligations to any person, entity or entities.
No Third-Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person or entity other than you.
15. Notices.
(a) To You. We may provide any notice to you under these Terms of Sale by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms of Sale, you must contact us by personal delivery, facsimile transmission, overnight courier, or registered or certified mail to the following address:
Home Themed Home, LLC
Attn: Alexandra Girard
14734 Bramblewood Drive
Houston, Texas 77079
hello@homethemedhome.com
(409) 351-2123 (phone)
We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.