TRADE TERMS AND CONDITONS:
Terms & Conditions Governing Resale Sales Accounts and your use of our Trade Site. Domestic and Foreign.
Please review the following basic rules that govern our working relationship. Please note that your signature or the use of our online trade site constitutes your agreement to follow and be bound by these terms. 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 at firstname.lastname@example.org.
Our Relationship: Communication is essential in doing business together and we use many channels to keep you informed. All information is available on the web for you to access at any time. Examples of change may include: color options, lead times, availability of merchandise, price changes, sales materials, etc. We consider the responsibility of keeping you apprised of information a shared one.
Exclusivity: Bratt Decor does not grant any account territorial exclusivity.
Termination Of Sales Rights: Bratt Decor reserves the right to terminate any account at any time and for any reason, with or without cause.
Product Availability: Bratt Decor reserves the right to limit certain products for sale to specific sales channels. Not all products are available for sale through all sales channels. For a complete list of products you are permitted to sell or display, please contact us at email@example.com.
Payment Terms: ALL ACCOUNTS ARE PREPAID, UNLESS OTHERWISE STATED. A 1.5% monthly late charge will be added to all overdue invoices. Terms can be revoked for any reason at the discretion of Bratt Decor, Inc. Withholding payment for any reason is a breech of this contract.
Refunds: Refunds will be processed within 30 days of order cancellation for unshipped orders. Refunds for returned items will be dispersed within 30 days of our receiving the merchandise, so long as the product is received in good condition as determined by Bratt Decor. Additional shipping and restocking fees may apply.
Refunds processed within 60 days of the original payment transaction will be processed onto the original credit card. Those processed after the initial 60 days will be disbursed via check.
Pre-shipment Payment Requests: If your account is pre-paid, before your PO is fulfilled, you will receive a “AUTOMATED PAYMENT REQUEST”, which will state the date by which full payment must be received. If full payment is not received by this date, your PO may be automatically canceled. If you wish to reinstate your order, you must submit a new PO and are subject to the lead times and pricing at the time of the new PO.
Maintaining Your Stocking Dealer Account: Any trade account that does not place an order with Bratt Decor for 6 continuous months may loose their account status, including their inclusion on our zip code locator.
Placing an Order: Trade clients do not have minimum or opening order dollar amounts. To place an order, do so on our trade site: www.brattdecor.com/trade or email your order to firstname.lastname@example.org. You will receive an email confirmation from Bratt Decor within 2 - 3 business days. If you do not receive a confirmation, assume we did not receive your order. PLEASE CHECK YOUR CONFIRMATION CAREFULLY FOR ACCURACY. If there is a mistake on your confirmation, please call immediately so we can fix it prior to shipping. YOU WILL BE FINANCIALLY RESPONSIBLE FOR ALL ITEMS ON YOUR CONFIRMATION.
Drop Ship Fees: All drop shipments will incur an additional handling fee of 10%.
Storage and Redelivery Fees: Once your order has been shipped, you will receive an email confirmation with tracking information. Any additional fees associated with shipping, included but not limited to: accessorial fees, reconsignment fees, inside delivery, storage, additional services, etc., will be your responsibility.
Shipping: All pre-paid freight is shipped “standard freight”, which is defined as “to the back of the truck”. Additional services are available but must be requested at the time of order on your PO, and are subject to additional costs.
Customer Carrier: Retailers also have the option of shipping via their own carrier. Once your order is in stock, Bratt Decor’s shipping department will contact you via email. The email will include all of the information required for the retailer to fill out their Bill of Lading. The Bill of Lading will then need to be emailed to email@example.com. Please include the pickup date and be sure to notify our shipping department at least a day in advance. Retailers using their own carrier are solely responsible for any shipping damages that occur. Bratt Decor cannot be held responsible if a Customer’s Carrier fails to pickup the freight.
Prepaid Shipping: Upon request, freight quotes will be calculated at the time the order is placed. For orders with lead times, freight quotes may be adjusted to accommodate changing fuel costs at the time the order is ready to ship. Should the actual freight bill vary from the amount charged on your order, you may be required to pay the difference.
Collect Shipping: Please make arrangements to pay for your shipping charges on the day of delivery.
FedEx Ground: Smaller items, if ordered alone, are usually shipped via FedEx Ground.
In Case of Shipping Damage
Freight Collect: You are responsible for settling all shipping damage issues with the freight company. You may not withhold payment of merchandise from Bratt Decor for any reason. We strongly urge you to inform yourself of the requirements for filing a claim with each freight company so you can be reimbursed for damaged freight. It is the decision of the freight company to pay your claim or not. Bratt Decor guarantees that our freight has been packaged expertly and will, in no way, contribute to shipping damage. There is a statue of limitations on filing damage claims, which vary from carrier to carrier, so it is better to handle problems as quickly as possible. You are required to inspect both the box and the piece immediately upon receipt. It is your responsibility to be informed on how to receive furniture. Please review the “how to receive freight” document located on our trade website and call the freight company directly for additional information on their individual policies. You need to know how to inspect boxes, note damage or signs of stress on the packaging materials, and sign for the merchandise. If you receive damaged freight you are required to note so on the delivery receipt. As such you are still required to pay for all merchandise received, as well as any replacement costs of the damaged pieces. If your piece is damaged beyond your ability to repair and you need to order a replacement piece, do so by submitting a new purchase order and you will be billed accordingly by Bratt Decor.
Freight Prepaid: We will file the shipping claim in the event of shipping damage, and repair or replace the piece as we see fit, provided the following has occurred:
1. You’ve noted shipping damage, or possible shipping damage on the delivery receipt. (This is very important. No claim will be honored unless “damage” or “possible damage” is clearly noted on the delivery receipt, even if the damage is concealed and not discovered until later).
2. You’ve filed a claim with us within 7 days of receipt. To begin the claims process, fill out the form located on our site: www.brattdecor.com/ticket.cfm. We will respond via with an emailed confirmation within 24 hours. If you do not receive an emailed confirmation from us that means we have not received your claim. Check your spam folder. If you still do not receive a response, email us directly at firstname.lastname@example.org.
3. You have not moved the product to a second location.
4. You retained the original packaging.
Failure to follow all of the guidelines in how to receive freight may result in your shipping damage claim being rejected.
*All claims for shipping damage are to be made following the initial delivery only. Once the product has been moved by a secondary delivery service, no claims can be made to Bratt Decor. All merchandise must be inspected before being turned over to additional delivery services or delivered to your client by in-house delivery services.
How To Return When Dissatisfied: In the unlikely event you wish to return your item, you have up to 7 days from date of receipt to make that claim. To begin the process, fill out the form located on our site: www.brattdecor.com/ticket.cfm. We will respond with an emailed confirmation within 24 hours. If you do not receive an emailed response, check your spam folder. If you still do not receive a response, email us directly at email@example.com. You will receive a return authorization from us. Bratt Decor will not accept any returns that are not authorized by us.
You must retain original packaging until you are completely satisfied with your piece. In the event that you wish to return your item, simply repackage the piece in the manner in which you received it, in its original packaging, and call us to place a call tag. 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. Failure to re-package in an expert fashion, and shipping damage occurs, you may forfeit your right to a refund. Shipping charges for returns due to dissatisfaction are your responsibility as is the 10% restocking fee.
No returns will be accepted after 7 days.
What To Do When Your Piece Has A Manufacturer Defect: If you have had your piece for 365 days or less, and you are experiencing a manufacturer defect, you may file a claim. To begin the claims process, fill out the form located on our site: www.brattdecor.com/ticket.cfm . We will respond with an emailed confirmation within 24 hours. If you do not receive an emailed response, check your spam folder. If you still do not receive a response, email us directly at firstname.lastname@example.org. Bratt Decor uses real wood. Wood is an organic substance, which means it will change over time. Slight cracking and warping are all part of the natural aging process and is not considered a manufacturer defect, but adds to the beauty and authenticity of the piece.
We reserve the right to replace or repair as we see fit. If you insist on returning because of a minor defect, and do not allow us to make an attempt to repair or replace the item, you will be responsible for the return shipping and charged a 10% restocking fee.
PLEASE NOTE: SMALL NICKS, SCRATCHES AND NON-THREATENING CRACKS ARE ALL PART OF THE VINTAGE LOOK AND ARE NOT CONSIDERED DEFECTS. We will assume all reasonable expenses to fix any manufacturer defect. We may require photos and additional information to help us understand your issues more clearly. Your cooperation is essential in this process.
Solutions may include: sending replacement parts, sending touch up paint, repairing on site, discounting the piece, and as a last resort, returning the merchandise. Your cooperation in these efforts (in retaining packaging, providing photos, re-packaging and making the merchandise available to repair companies and or freight companies) is required. We will make every attempt to resolve any issues as efficiently as possible.
*In all cases, Bratt Decor will only retrieve, repair, or send replacements to the original point of delivery. Under no circumstances will Bratt Decor be required to repair or replace items outside of the original “ship to” destination.
Filing a claim: If your product has experienced damage or defect, or to inform us of missing parts, etc, you need to file a claim for resolution. To file a claim, go to: www.brattdecor.com/ticket.cfm and fill out the form provided. We will respond with an emailed confirmation within 24 hours. If you do not receive an emailed response, check your spam folder. If you still do not receive a response, email us directly at email@example.com.
Lead Times: Bratt Decor strives constantly to maintain reasonable lead times, however, late shipments can and do occur. All lead times are estimated and are not guaranteed. Lead times for specific orders can be checked by logging into your account on our trade website. These lead times posted on our website are the most up to date information we have available. It is your responsibility that you check your orders periodically for changes and updates. Bratt Decor cannot be held financially responsible for late product.
Color Matching: Bratt Decor does not guarantee exact color matching on your furniture. Slight variations can and do occur. Finish samples are available upon request at firstname.lastname@example.org.
Our Guarantee: Bratt Decor guarantees all merchandise against manufacturer defect, as described by Bratt Decor, for a period of one year from sale date. Sale date is defined as the date it leaves our warehouse.
Custom Orders: Custom orders begin production immediately upon order and are built to your specifications. They cannot be cancelled, changed, returned or refunded at any time. A non-refundable 50% deposit will be taken when the order is placed.
Pricing Policy: We suggest that you sell at our MSRP (the price shown on our consumer website, www.brattdecor.com).
US ACCOUNTS LOCATED BEYOND THE CONTINUOUS 48 STATES: Any accounts with store fronts located beyond the continuous 48 states, are subject to additional terms and conditions beyond the said stated terms and conditions, for carrying Bratt Decor’s line of children’s furniture. This includes, but is not limited to, any company that is freighting their product beyond our borders. It also refers to accounts in Hawaii, Puerto Rico, and Alaska and US Territories.
1. All accounts are prepaid via wire transfer. No product will ship prior to being paid in full.
2. In the event of damage or defect, Bratt Decor will supply replacement parts, if appropriate. However, due to the exceptional cost of shipping, the replacements will be added to your next shipment rather than shipped or Fedexed out separately. If you wish for a speedier receipt of replacement items, you will be financially responsible for shipping those items.
3. If you ship your own goods, possession of product happens immediately after product leaves our warehouse. All costs associated with shipping and receipt of goods including but not limited to, customs clearances, duties, and taxes are the responsibility of the client.
Internet sales and marketing: This agreement does not include permission to offer for sale, or market our product line over the Internet. If you wish to become an authorized online dealer of our products, you will need to complete the section below:
I am requesting permission to display and sell items on my website: (enter the specific website url here). Simply completing this section DOES NOT AUTHORIZE YOU TO DISPLAY OR SELL BRATT DECOR ITEMS ON YOUR WEBSITE. Upon submission of these Terms and Conditions, if approved, you will be notified in writing. DO NOT DISPLAY OR SELL BRATT DECOR ITEMS ON YOUR WEBSITE UNLESS YOU HAVE WRITTEN APPROVAL.
Internet specific Terms and Conditions
1. Pay-per-click Advertising (and similar, includes Pay-for-placement) Policy: As of Jan 1, 2012, participants in our dropship program are prohibited from using the words “Bratt Decor” as keywords and/or Bratt Decor’s images for “pay-per-click” advertising.
For example, if a user enters the words “Bratt Decor” into google, yahoo or similar, and a link to your website* appears in the “pay-per-click” section, you are in violation. Additionally, you are prohibited from using the words “Bratt Decor” in any advertisement relating to “pay-per-click”. For example, if a user enters a search for any other word/s, if an ad or listing shows in the “pay-per-click” section displaying the words “Bratt Decor”**, that links back to your website*, you are in violation. The words “Bratt Decor” are a federally registered trademark of Bratt Decor, Inc.
* “links back to your website” refers to any website that ultimately directs a user to your sales website or sales information.
** the words “Bratt Decor” may not appear in the “pay-per-click” ad’s title, body and/or link url or the link’s landing page url.
2. External Websites: The selling or marketing of Bratt Decor products on Ebay.com, Amazon.com, or similar website that is not your specifically approved website is expressly prohibited. This includes all websites that do not generate results based on purely organic means, and/or websites that rely on individual product postings or product data feeds/uploads. Any account violating this, may be terminated, and may be liable for legal action. The only current exception to this policy is the “shopping” section of google. Additional exceptions may be requested in writing to email@example.com. Specific written approval must be obtained and can be revoked at any time with or without cause.
3. Image Policy: As of Jan 1, 2012, Bratt Decor will make available approved images to be used on non-Bratt Decor websites. You are prohibited from using any Bratt Decor images that are not in the approved images file. As new products are introduced or products discontinued/changed, new images will be made available. These photos may not be digitally altered in any way from the original, with the only exception being to their overall size. Additionally, there are some images that will only be exclusive to www.BrattDecor.com. These images will not be available for display on your website. As always, if you are an approved re-seller of Bratt Decor items, you are welcome to produce your own photos at your own expense.
4. Ethical Standards: We insist our e-tailers maintain the highest ethical standards of business, and to create a pleasing and accurate portrayal of our line on their site. Failure to do so may result in an immediate termination of this agreement. Websites are subject to periodic review by Bratt Decor, Inc and Bratt Decor reserves the right to terminate agreement, for any reason, with or without cause, and at any time. Once notification of termination is made, Bratt Decor will refrain from accepting new PO’s from your account by the date stated in the notice of termination. You will have no more than 14 days to remove all above mentioned materials from your website. Failure to remove said materials will place the owner of the web site in copyright violation.
5. Display Criteria: All Bratt Decor, Inc. products must be identified as such with our product name and company name. Example: Venetian crib by Bratt Decor. No changes to the product name can be made without written agreement.
6. Receiving Freight: It is the sole responsibility of the e-tailer to ensure proper receipt of all Bratt Decor goods by their clients. Failure of your client to adhere to all rules and regulations as outlined in Bratt Decor’s requirements may result in the forfeiture of the right to a reimbursement or replacement in the case of damage, defect, or dissatisfaction. Bratt Decor cannot be held financially responsible if rules and regulations are not strictly followed. All financial responsibility will be assumed by the selling e-tailer/agent. We strongly urge e-tailers to inform themselves and their clients on how to receive freight, and list guidelines on how to do so, on their website.
7. Drop Ship Fees: All drop shipments will incur an additional handling fee of 10%.
8. Drop Shipping: All shipments will be sent via the trucking company of Bratt Decor, Inc.’s choosing, and must include a minimum liftgate and residential call ahead level of service. All purchase orders will be confirmed with an estimated freight quote. Be aware that this is just an estimated quote, and if the actual freight cost significantly differ from the quote, you will be responsible for, and billed for actual shipping and handling charges. If you wish to contract your own shipper, you must inform Bratt Decor customer service and make separate arrangements. If individually contracted, all duties and responsibilities for shipping will be that of the e-tailer, including but not limited to: having freight picked up, arranging delivery, handling damage issues/filing claims, customer service issues, and terms or payment. E-tailer may not withhold payment for goods and services to Bratt Decor for any reason.
9. Replacement parts: All orders, including replacement parts due to defect, will be shipped via standard ground service. If you wish your client to receive a higher level of service, it is your financial responsibility to pay the difference in shipping charges.
10. Inventory Feeds: Electronic inventory feeds are available upon request. We can deposit a .cvs file into a ftp of your choosing on a daily basis. This file will contain up to date lead times and product availability. Certain restrictions apply.
Trade Terms & Conditions: International
Last Updated: May 2015
ACCOUNTS LOCATED OUTSIDE OF THE UNITED STATES AND HER TERRITORIES: In addition to Bratt Décor’s standard U. S. Terms and Conditions, international accounts, are subject to additional terms and conditions for carrying Bratt Decor’s line of children’s furniture. This includes, but is not limited to, any company that is freighting their product beyond our borders.
1. All accounts are prepaid via wire transfer. No product will ship prior to being paid in full.
2. In the event of damage, or defect, Bratt Decor will supply replacement parts, if appropriate. Please see appropriate section in U.S. trade terms and conditions. However, due to the exceptional cost of shipping, the replacements will be added to your next shipment rather than shipped or fedexed out separately. If you wish for a speedier receipt of replacement items, you will be financially responsible for shipping those items.
3. Bratt Decor meets or exceeds all requirements for safety of the sale of our products in the U.S. We also have product that has passed safety testing in Europe and Canada. For more information on our product line and what is available for your country, email us directly at firstname.lastname@example.org.
4. If you ship your own goods, possession of product happens immediately after product leaves our warehouse. All costs associated with shipping and receipt of goods, including but not limited to, shipping damage, customs clearances, duties and taxes, are the responsibility of the client.
5. As an international buyer and/or reseller, you assume all financial and legal responsibility for use and purchase of this product. They include but are not limited to: denial of entry during the import process, fines, additional freight charges, testing fees, non compliance of laws, injury and death. Use at your own risk.
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 and payment information. 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 customer’s elected contact information to 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 to email@example.com 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.
Address: This Site is expressly owned and operated by Bratt Decor, Inc. The address for BrattDecor.com is 5 North Haven Street, Baltimore, MD 21224.
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 constitutes 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 prices displayed on the Site 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. 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 emailing us at firstname.lastname@example.org with your request.
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. Inc. 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 EXPRESSED 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, EXPRESSED 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.