| BrattDecor.com Terms & Conditions Our Privacy Policy and the Terms & Conditions Governing Your Use of this Web Site and Retail sales. Welcome to BrattDecor.com, your online store location. We have prepared the information below to ensure that your experience on our Web site is one you'll want to repeat again and again. Bratt Decor provides this Site as a service to its online customers. Please review the following basic rules that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Bratt Decor may revise this agreement at any time, at its sole discretion, by posting an amended Agreement on the Site. Any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the Last Updated information that appears at the top of this Agreement. Should you have any questions concerning any of our policies, please contact us via e-mail at customerservice@brattdecor.com. Our Guarantee: Complete satisfaction is our guarantee. If, for any reason, a selection doesn’t meet your expectations, we stand ready to assist you in a refund or exchange. Furniture may be returned for a refund or exchange within 30 days of delivery (this does not apply to custom order items, see below). Returns or exchanges will be charged the cost of shipping to and from your residence as well as a 10% restocking fee. After 30-days and up to one year after delivery date, Bratt Decor will replace or repair your furniture against manufacturer defects only. Orders that have not yet shipped can be cancelled at anytime for a full refund. Custom-Ordered Pieces: All bedding is considered custom-ordered. No cancellations will be permitted once production has begun. Payment information: Payment in full is due at the time the order is placed, regardless of lead times. Bratt Decor accepts payment with Visa, MasterCard, or American Express. Customers may also pay via personal check. Orders paid by check are to be mailed to Bratt Decor attn: E-commerce Department P.O. Box 20808 Baltimore, MD 21209. Please reference your order number on the check. Please allow 10 business days from date of deposit for processing. Lead times: Bratt Decor strives constantly to maintain reasonable lead-times. We produce our items overseas, and production times vary throughout the year. When you place your order, you will be given an estimated ship date. This lead-time is not guaranteed. However, we will inform you should ship dates vary more than 2 weeks. We cannot be held financially responsible for changes in lead times. Once an item is in stock and placed in the ship list, it will leave the warehouse within 2 weeks at which point you will receive an email confirmation with a tracking number. FedEx items generally arrive within 7 business days. Delivery dates for freight items, once in transit, arrive within 2 weeks. Delivery information/Receiving Freight: Check that all pieces listed on the delivery receipt are present at the time of delivery. Open and inspect all cartons for visible damage before signing the Bill of Lading. If you are unable to inspect them at the time of delivery, write "possible concealed damage" on the delivery receipt. Visibly damaged freight should be refused at time of delivery. Concealed damage (damaged discovered once the box has been opened), visible damage, or missing pieces should be reported to help@brattdecor.com or 410-327-4600 x 302 within 72 hours of delivery. FedEx--Some Bratt Decor items are shipped via FedEx. FedEx does not require that the consignee is present at the time of delivery. Signature service may be requested. To-your-door delivery--This service is our standard level of delivery. The delivery company will contact you to set up a date and time range for delivery. With this service, the delivery company will take your furniture to the first dry space inside of your home (ie the garage or front door). Customers living in apartments or condos will receive their furniture into the lobby of their building. In-home-delivery--This service is our upgraded level of delivery. The shipping company will contact you to set up a date and time range for delivery. With in-home delivery, the delivery company will take your furniture to your room of choice. Furniture assembly--For legal reasons, Bratt Decor cannot offer furniture assembly in most states. Customers living in parts of New Jersey/New York City can request furniture assembly as in-home delivery plus an additional $50 assembly fee. Requests for assembly must be emailed to customerservice@brattdecor.com. Please reference your order number. Defective/Damaged Product: In the event of a defect or damage, contact our shipping and solutions department at 410-327-4600 x 302 or email help@brattdecor.com. Returns/Refunds: In the event that you wish to return your item, simply repackage the piece in the manner in which you received it, using it’s original packaging, and call us for pickup. If you have thrown away your packaging and wish to return merchandise, it is your responsibility to procure new packaging. You must repackage the item in an expert fashion to reduce risk of shipping damage. If you fail to re-package in an expert fashion, and shipping damage occurs, you may forfeit your right to a refund. Refunds will be processed within 30 days of order cancellation for unshipped orders. Refunds on orders that have shipped will begin the 30-day refund period once the furniture arrives back into our warehouse. Refunds will be processed on the credit card used for original order payment. Refunds may also be processed via check within 30 days. Safety Guarantee: Every Bratt Decor crib meets or exceeds current U.S. safety standards. All paints used are non-toxic. All of our case goods come standard with our own custom designed topple stop to avoid dangerous tip-over. Bratt Decor offers free crib hardware for life, for all cribs produced after 2005, in order to encourage customers to be vigilant in the maintenance of their cribs. Contact us to let us know what hardware you've lost, broken or worn out and we will send you replacement hardware, free of charge. International Orders: CUSTOMERS LOCATED BEYOND THE CONTINUOUS 48 STATES: Any customers located beyond the 48 states, are subject to additional terms and conditions beyond the said stated terms and conditions, for purchasing Bratt Decor's line of children's furniture. ª All orders are prepaid. No product will ship prior to being paid in full. Payment is to be made via wire transfer at the time the order is placed. ª Duties and taxes associated with the order will be assessed upon delivery and will be paid in full by the customer. Bratt Decor will not collect duties and taxes on your behalf. ª In the event of manufacturer defect, Bratt Decor will replace or repair your items when reported within 7 days of the delivery date. It is the responsibility of the consumer to pay all shipping expenses, including taxes, import duties, etc. associated with the receipt of replacement goods. Replacement pieces may be subject to a lead time depending on availability of the pieces. ª In the event that shipping damage occurs, orders will be exempt from retribution from Bratt Decor, Inc.. New pieces can be purchased at full retail value. ª Bratt Decor meets or exceeds all requirements for safety of the sale of our products in the U.S. We do not in any way assert that our products meet the compliance requirements of any other country. By purchasing a Bratt Decor product, you assume all risks associated with non-conformity of safety standards in your country and you release Bratt Decor of any responsibility in the case of injury. ª As an international consumer, you assume all financial responsibility resulting from non-compliance of any of these laws. They include but are not limited to: denial of entry during the import process, fines, additional freight charges, etc. ª A signed copy of these terms and conditions must be emailed to customerservice@brattdecor.com or faxed to 410-327-4446 Privacy Policy - Your Privacy Rights Introduction: This Privacy Policy describes the personally identifiable information that Bratt Decor ("we") collects through our website located at www.BrattDecor.com (the "Site") and how we use that information. Please note that this Privacy Policy applies solely to our online information-gathering and dissemination practices in connection with the Site, and does not apply to any of our practices conducted offline. If you have any questions or comments about this Privacy Policy or our practices regarding your personally identifiable information, please contact us via e-mail or by phone 1-888-272-8801. Information Collection and Use: Bratt Decor is committed to ensuring the privacy of its customers. We will not collect, share or sell any information other than as explained in this statement. During registration, users are asked to give their contact information (such as name and email address). We may use this information to contact you regarding your order. A user's billing and shipping information is not requested during registration. Users may update their billing information through their account profile and billing information will automatically be saved to the profile upon checkout. Shipping information can be entered by registered users using their Address Book (within My Account) or can be saved to their address book during checkout. Users may update their contact and other personal information through the My Account feature. Unless you ask us not to do so (by unchecking the designated box during registration, or opting out later as explained below), we may use the information collected to send you, from time to time, additional promotional materials. We also request information on the order form when you are placing an order on our Site. Here we ask for contact information (like name and shipping address) and financial information (credit card number and expiration date). The information is used for billing purposes and to fill customers' orders. If we have trouble processing your order, this contact information is used to get in touch with you. We contract with a company that works on our behalf to analyze certain personal and non-personal information. This service allows us to better provide our product or services to you. The company with which we contract does not have any right to use the information we provide to them beyond what is necessary to assist us. We maintain business partnerships with other persons or companies whom we have deemed to be trustworthy and responsible and whose privacy policies are aligned with ours. In some instances we may share and cross-reference information, including personal information about you and/or your order, that will allow such persons or companies to contact you regarding products and/or services that may be of interest to you. We do not send our own marketing information to an individual customer who has not explicitly elected to receive marketing contact. We do not share our marketing contact elected customer's information to carefully selected third party marketing partners for third-party direct marketing purposes. Once we have received and processed an unsubscribe/opt-out request from an individual customer all marketing contact from Bratt Decor and all marketing partners will cease. You may submit this type of opt-out request by e-mail with the word "Remove" in the subject line. Please allow up to two weeks for your request to be processed. Cookies: A cookie is a piece of data stored on the user's hard drive containing information about the user. Bratt Decor only uses a cookie to store your email address so that we can auto-detect a returning user to the Site. Cookies are not used to let users auto-login. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our Site, the user would not have to log in with a password more than once, thereby saving time while on our Site. If a user rejects the cookie, the only drawback to this is that the user will be limited in certain non-secure areas of our Site. Cookies also enable us to track and target the interests of our users to enhance the experience on our Site. We use IP addresses to track only aggregate information regarding Site traffic. We do not collect any personal information via a user's IP address. Security: We guarantee shopping at BrattDecor.com is safe. We employ SSL (Secure Socket Layer) encryption to ensure the security of your information. If, by chance, unauthorized charges are made to your card as a result of shopping with us, you pay nothing. Terms & Conditions - Legal Information Address: This Site is expressly owned and operated by Bratt Decor. The address for BrattDecor.com is P.O. Box 20808, Baltimore, MD 21209. Site Content: Unless otherwise noted, all design and content featured on BrattDecor.com including URL.s, navigational buttons and images, artwork, graphics, photography, text, and the like are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Bratt Decor. This Site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our Site and the Site as a whole are intended solely for your personal, noncommercial use. Any use of our Site and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Bratt Decor. You may not reproduce, publish, display, modify, sell, or distribute any of the materials from the Site. You may, however, download or electronically copy and print any of the page contents displayed on the Site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any Site materials via email, no right, title, or interest in those materials will be transferred to you. Further Legal notices, such as Privacy Policy and Code of Business Conduct may be found in our Company Information section. Agreement: Our internet pages are merely an invitation for you to make us an offer to buy the items described on these pages. When you submit an order it constitute an offer for us, which we accept only by shipping the item(s) ordered. Internet orders generate an automatic order confirmation e-mail. These automatic order confirmation e-mails do not constitute our acceptance of the offer, and are subject to correction prior to shipment due to inaccuracies, errors, product discontinuation or unavailability, or any other reason. Additional fees such as drop ship fees, and failure to meet the reorder minimum fees, will be added to your order later, and confirmed to you prior to shipping. Inaccuracies: We endeavor to present the most recent, most accurate, and most reliable information on our Site at all times. However, there may be occasions when some of the information featured on BrattDecor.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. Please be aware that we present our content 'as is' and Bratt Decor makes no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.(In the event a Bratt Decor product is listed at an incorrect price due to photographical error, typographical error or error in pricing information received from our suppliers, Bratt Decor shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Bratt Decor shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Bratt Decor shall issue a credit to your credit card account in the amount of the incorrect price. Availability: At BrattDecor.com, we go out of our way to select the kind of distinctive merchandise for which the Bratt Decor name is recognized. Please understand that many of our featured items are selected in limited quantities and, because of their limited availability, their stock will not and cannot be replenished. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured on BrattDecor.com is no longer in stock, we make every attempt to remove that item from the Site in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us. NOTE: THIS SITE USES POP-UP WINDOWS TO CONVEY PERTINENT INFORMATION SUCH AS BACKORDERS AND SHIPPING DEADLINES. Product Information: The Bratt Decor products displayed on the Site are available in authorized dealers of Bratt Decor. The prices displayed on the Site, however, are quoted in U.S. Dollars and are valid and effective only in the United States. Colors: We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. Also, Bratt Decor cannot guarantee an exact color match from production to production. Slight variations in finishes may occur. You can request color samples, free of charge, by contacting 1-888-272-8801. Correspondence: Although we will make every effort to respond within one business day to applicable email messages, Bratt Decor is under no obligation to respond to all pieces of correspondence received through this Site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding BrattDecor.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company shall become and remain the property of Bratt Decor. To the extent that ownership of such submissions does not vest with Bratt Decor, you grant Bratt Decor a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable right to exploit, in any way, commercially or otherwise, such submissions, with the right to sublicense. Any disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission, and you represent and warrant that any use by Bratt Decor of such information or idea will not violate any intellectual property, proprietary, contract or other right of any third party. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so. Indemnification: You agree to indemnify, defend, and hold harmless Bratt Decor, its officers, directors, employees, agents, affiliates, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (1) any violation of these terms and conditions, (2) any allegation that any information or material submitted by you to Bratt Decor violates any intellectual property, proprietary, contract, or other right of any third party, or (3) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account. Disclaimer: Given the unpredictability of technology and the online environment, Bratt Decor does not warrant that the function or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to, and user of, this Site, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our Site. As a visitor to, and a user of, this Site, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. THE SITE AND THE MATERIALS ON THE SITE ARE PROVIDED .AS IS. AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRATT DECOR AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Limitation of Liability: NEITHER BRATT DECOR NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR MATERIALS IS TO STOP USING THE SITE AND/OR MATERIALS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Exclusive Remedy: THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BRATT DECOR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATED IN ANY WAY TO YOUR ACCESS OF THE THIS WEBSITE SHALL BE $100. Termination: We reserve the right to immediately terminate this agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Bratt Decor shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the Site shall immediately cease. Notice for California Users: Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Miscellaneous: This Agreement is governed by and construed in accordance with the laws of the State of Maryland, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Baltimore, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Company’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. |