Plush Home

Terms of Use & Privacy Policy and Sales Terms & Conditions

Terms of Service
This website, located at www.plushhome.com or www.plushhome.org, and all content and services available through it (collectively, the “Site”) are provided by Plush Home, Inc. (“Plush Home”) under this Terms of Service and any amendments to the Terms that Plush Home may publish from time to time (the “Terms”). BY ACCESSING, BROWSING, PURCHASING THROUGH OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. If you do not agree to abide by the Terms, please do not use the Site or download content from the Site.

Purchases
In placing a telephone or email order, you agree to provide only true, accurate, current and complete information, and agree to update that information to keep it true, accurate, current and complete. Plush Home shall have the right to bar your access to the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Plush Home.

Intellectual Property Rights
This Site, including all graphics, text, photographs, drawings, software, sound, videos or other material available through the Site (collectively, the “Content”), is protected by worldwide copyright, trademark and other proprietary laws and treaty provisions. Except as expressly authorized by Plush Home, you agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer or create derivative works based on the Site or any Content available through the Site.

Plush Home authorizes you to view and download Tear Sheets that are available through the Site only for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. Other than Tear Sheets, Plush Home does not authorize any other images, text, internet video images, or press materials to be disseminated, copied, downloaded without the express consent of Plush Home and/or owners of material.

You agree not to access the Site, or provide access to the Site, by means other than the interface that is provided by Plush Home for use in accessing the Site.

Representations and Warranties
You represent and warrant that:

a. you are over the age of 18 and can form a legally binding contract under applicable law.

b. you have provided and will continue to provide only true, accurate, current and complete information about yourself when placing an order by telephone or email to Plush Home. The billing address you provide to Plush Home should be the address and phone number your credit card bank has on file for you.

c. you are not using Plush Home service for any improper purpose, and you will act in good faith in your relationship with Plush Home.

d. you have sufficient authority, if you are purchasing on behalf of a company, to bind that company to the Terms.

User Conduct
You understand and agree that all Content is the sole responsibility of the person from whom that Content originated, which means you are responsible for all Content you post or transmit via the Site.

You agree that you will not use the Site in any way to:

a. transmit any Content that is harassing, unlawful, defamatory, abusive, threatening, obscene, harmful, tortious, invasive of another’s privacy or right of publicity, or that infringes any copyright, trademark, trade secret, patent or other proprietary right, or that is otherwise objectionable;

b. transmit viruses or other harmful, disruptive or destructive files, codes or programs;

c. violate any local, state, national or international law or regulation or transmit any Content that you do not have the right to disseminate under law, or contractual or fiduciary relationships;

d. interfere with, disrupt or harm in any way the Site or servers or networks connected to the Site;

e. collect or store personal data about other users;

f. harm minors in any way.

g. transmit any unauthorized advertising, promotional materials, spam, or other type of unsolicited mass-e-mail to any party who has not agreed to be part of such mailings.

Orders, Payment Terms
You agree that your placement of an email order on the Plush Home site is sufficient to satisfy the Statute of Frauds, and no further writing is required. Terms of payment are within Plush Home’s sole discretion, and unless otherwise agreed by Plush Home, payment must be received by Plush Home prior to Plush Home’s acceptance of an order. Plush Home may accept payment via Visa, MasterCard, Discover, American Express, Personal Check, Cashier’s Check, or Money Order. Orders are not binding until the order is accepted by Plush Home. Plush Home may need to verify any information you provide before Plush Home accepts an order, and may cancel or limit an order any time after it has been placed. Plush Home expressly conditions it acceptance of your order on your agreement to the Terms. Invoices are due and payable within the time period indicated on the invoice. You agree to pay interest on all past-due sums at the highest rate allowed by law.

Shipping
Any delivery or shipment date provided by Plush Home to you is Plush Home’s good faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. Plush Home shall not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery. Plush Home cannot ship to P.O. Boxes. Title to any product and risk of loss passes from Plush Home to you on shipment from Plush Home’s facility. You will be charged separately for shipping and handling, and all shipping and handeling.

Pricing and Sales Tax

All prices are subject to change. Plush Home shall have the right to refuse, cancel or limit any order placed for products listed at the incorrect price, whether or not an order confirmation has been sent and/or payment has been made. If payment has already been made and your order is canceled or limited, Plush Home shall refund any payment you made for any item that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Plush Home shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California, Colorado, District of Columbia, Florida, Kentucky, Illinois, Maryland, Massachusetts, New York, Pennsylvania, Texas and Washington. You are solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN REGARD TO THE SITE AND ALL CONTENT THEREON, PLUSH HOME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENT ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PLUSH HOME DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE AVAILABILITY OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, PRICE AVAILABILITY, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. PLUSH HOME DOES NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS IN THE SITE, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL PLUSH HOME, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO ANY ENTITY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR OTHERWISE ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SITE OR ANY LINKED WEBSITE, THE STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED ACCESS TO THE SITE, YOUR TRANSMISSIONS, EVEN IF PLUSH HOME IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify and hold harmless Plush Home, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action or damage, including reasonable attorney’s fees, made or incurred by any third party arising out of or related to your use of the Site, any Content you transmit via the Site, or your violation of the Terms.

Changes to the Terms
Plush Home reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms in whole or in part, at any time.

Changes to the Site
Plush Home may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Plush Home Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Plush Home shall not be liable therefor.

Your Contact With Third Parties
Your dealings or communications through the Site with any party other than Plush Home are solely between you and that third party, and Plush Home does not make any representations or warranties with respect to any goods, services or information which may be obtained from such third parties and Plush Home shall not be liable therefor.

No Reselling of Services on the Site
You agree not to sell, resell, reproduce, duplicate, copy or use for any unauthorized purposes any portion of the Site, or use of or access to the Site.

International Users
This Site is controlled, operated and administered by Plush Home from its offices within the United States of America. Plush Home makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Choice of Law and Forum; Arbitration
The Terms shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. Any claim or controversy arising in any way out of or relating to the Terms shall be filed in a court of competent jurisdiction sitting in Los Angeles, California. Both parties consent to exclusive jurisdiction in that county, provided, however that either party may elect to settle any litigation in any way arising out of or relating to these Terms of Service by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

PRIVACY POLICY

This Plush Home website is provided by Plush Home, Inc. and managed through its offices in Los Angeles, California (“Plush Home/we/us”).

Plush Home recognizes the importance of protecting the privacy of personal and financial information. We have instituted strict policies and security measures to protect your information. When you register online with Plush Home or use our online store, you give us your consent to process and use your personal data in accordance with this online privacy policy. This Privacy Policy applies to all users of this website.

What Information Plush Home Collects

Plush Home collects personal data from visitors to the website who register their information or who use the online store. We also use cookies (see more below) and track IP addresses so we can improve our services and enhance your Plush Home experience. Plush Home does not collect personally identifiable information from anyone under the age of eighteen. If you are under eighteen, please ask your parents to register and/or use the online store. Please do not submit any personal details if you are under eighteen.

How Plush Home Uses Information You Provide

If you give us your personal information, we will use this information to register you with our website, to administer our website services, and/or to process any orders you may place online. We will send you announcements or communications by email only if you give us your permission by submitting your personal details. Otherwise, we use your information only to review our performance and to improve our services to you, or to communicate with you about your order if you have placed an online order.

Does Plush Home Share Your Information With Others?

Plush Home does not sell, rent or disclose our client’s names, addresses, email addresses or other personal information to any non-Plush Home entity. Plush Home may share client information within the Plush Home organization, including other commonly-owned brands, so that you may be informed of other products that may be of interest to you. Further, in order to maintain our website and provide our client communications, Plush Home contracts with selected third parties. As necessary, your personal information may be processed by these third parties, solely for the purpose of assisting Plush Home in these endeavors and subject to strict contractual confidentiality obligations. We do not otherwise disclose your information to third parties, unless required by law or in connection with a legal claim or proceeding. If Plush Home is acquired by another entity, information about Plush Home clients may be made available to the new entity.

Security

Plush Home uses appropriate security measures to protect the information you give us. However, while we take all reasonable steps to protect your personal information, you accept that no Internet data transmission can be guaranteed to be secure from access by unintended recipients and will not hold us responsible for any breach of security unless this is due to our negligence.

About Cookies

Cookies are pieces of information a web site can send to your computer’s browser for record-keeping purposes. We use cookies to ascertain which web pages are visited and how often, to make our web site more user friendly, and to give you a better experience when you return to the website. For example, cookies allow us to save your password so you do not have to re-enter it every time you visit our site. Most web browsers automatically accept cookies, but you do not have to accept them. To disable cookies, you should access the “help” tab on your browser or read the information that came with your browser software. However, your visit to our website will be significantly enhanced if cookies are not disabled.

Acceptance of Privacy Policy and Modifications

By accessing and using the Plush Home website, you consent to our collection, use and disclosure of your information as described in this privacy policy. Plush Home reserves the right occasionally to make changes to its privacy policy or practices. You should therefore review this page from time to time to get updated information including in particular, each time you use the online shop. We will notify you of any changes in our privacy policy by posting the modifications on our website.

If you are registered with us and would like to delete your registration and personal details from our database, please click on this unsubscribe link.

Contact Us

If you have any comments or queries regarding our privacy policy, please send an email to info@plushhome.com, or write to us at the following address:

Plush Home Online Shopping
8323 Melrose Avenue
West Hollywood, CA 90069

revised 1/10/13

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PLUSH HOME SALES TERMS AND CONDITIONS

    1.Under the terms and conditions of the sale that follow: Plush Home is the “Seller,” the person being billed or that pays is the “Purchaser.” This acknowledgment includes the following terms and conditions and unless written notice of objection to any of such terms and conditions is given by Purchaser to Seller promptly upon receipt of this acknowledgment, Purchaser agrees that they shall constitute the complete and final agreement between parties in respect of this order.

    2. All telephone, online, and/or point-of-purchase orders are to be paid in full prior to delivery of merchandise. Seller may agree, at their discretion, to accept a 50% deposit for point-of-purchase orders. The balance of the purchase price, along with shipping costs, is due in full within 5 days of the proforma invoice date and shall be paid prior to delivery/release from Seller.  In the event the Purchaser fails to pay the balance of the full purchase price within 15 days of notice by Seller, Seller may opt to charge storage fee for said items.  In the event the Purchaser fails to pay the balance within 90 days of notice by Seller, Seller may retain a possessory lien on said items.  If Purchaser has used a credit card to make the initial deposit payment, Seller reserves the right to apply that credit card on file for payment of any balances and shipping due.

    3. All merchandise is given a limited warranty by Seller against any defects in workmanship or material for a period of one month after delivery is made. Seller reserves the right to repair or replace defective merchandise at his option.  Any complaints regarding delivered merchandise must be made promptly to Seller by the purchaser only of and must be made within five days of receipt merchandise.  Purchaser is wholly responsible for warranty and workmanship of any fabric, materials, backing of fabrics or materials, or hardware that may have been provided by Purchaser to Seller for manufacturing.  Seller is not responsible for any damages that may incur due to negligent use of furniture or any cleaning products or waxes that Purchaser may opt to use. This warranty is in lieu of all other warranties, including but not limited to warranties of merchantability and fitness for a particular purpose. Seller disclaims any responsibility for special, consequential or incidental damages.

    4. This order is not subject to cancellation by Purchaser. In the event that an order must be canceled due to extenuating circumstances, approved by Seller, Seller shall have the right to charge a cancellation fee of not more than 35% of the portion of the order, which has been canceled.  Delivery Fees are not refundable and are to be absorbed in full by the Purchaser.  Order changes may be made only if feasible and at Seller’s sole option.  Any fabric, materials, or hardware that may have been provided by Purchaser to Seller for purposes of manufacturing, will not be returned or cost reimbursed by Seller.  This includes, but is not limited to, any COM used for upholstered furniture manufactured by Seller.  Seller is not responsible for any damages that may incur due to any cleaning products, agents, or waxes that Purchaser may opt to use. This warranty does NOT apply to Sample Sale items during time of purchase.  Purchaser accepts sample Sale items in “AS IS” condition.  Purchaser is solely responsible for inspecting all Sample Sale items prior to delivery.

    5.Orders may be subject to cancellation by Seller by reason of fires, strikes, lockouts, production interruptions, late delivery, floods, labor disputes, acts of sabotage, force majeure events or other causes beyond Seller’s control. Any such delays shall not constitute a breach of this contract by Seller.

    6. Shipments made direct from the factory to Purchaser (or their customer, if Purchaser is in the Trade) will be made on common carriers chosen by Seller, unless other mutually satisfactory arrangements are made between Purchaser and Seller. Any damages that may occur during transport is the sole responsibility of common carrier and/or common carrier’s insurance policy.  A will-call fee may be applied, if Purchaser opts to have a personal carrier arrange for pick-up of items from Plush Home warehouse and/or showroom.  Title and risk of loss shall transfer to Purchaser immediately upon delivery of goods to common carrier, Purchaser or Purchaser’s agent.  Additional terms and conditions, which will apply, are outlined in Seller’s Bill of Lading.  Seller shall not be liable for any delay in delivery, or failure to deliver, due to any cause beyond Seller’s Control.

    7. Purchaser is responsible for all delivery, shipping, and freight charges. In the event that Purchaser requests carrier or delivery service to perform additional labor and/or services other than what Seller has invoiced, Purchaser shall be solely responsible for any additional charges that may apply, and Seller shall not be liable for any consequential damages. It is Purchaser’s (or Purchaser’s customer’s) responsibility to inspect all such merchandise and to note any obvious damages on the freight bill, before signing for the shipment.  It is Purchaser’s (or his customer’s) responsibility to file any damage claims with the carrier and in the event of a concealed damage to notify the carrier, obtain an inspection and then file a claim with the carrier.

    8. Yardage specified for upholstered furniture is generally based on 54” width material requiring no matching. Narrower widths or repeat patterns will require additional yardage.  Seller cannot be held responsible for discrepancies in Purchaser’s COM materials’ quantity, quality, measurement and/or suitability that is supplied by Purchaser.  Purchaser is solely responsible for any backing of fabric that may be required or preferred, prior to shipping COM to Seller for manufacturing.  Seller will assume that any fabrics and materials that arrive to Seller from Purchaser have been approved for production.

    9. In the event Purchaser fails to fulfill previous terms of payment, or in case Seller shall have any doubt at any time as to Purchaser’s financial responsibility, Seller may decline to make further deliveries except upon special arrangements.

    10. Purchaser is solely responsible for any applicable sales tax that may apply in their State. For tax-exempt status and deliveries within California, Trade Purchaser must provide a valid California State Resale Certificate at the time of deposit payment. Seller reserves the right to apply any of Purchaser’s credit cards on file or demand immediate payment on sales tax in the event that Purchaser’s resale certificate is deemed invalid or in the event that sales tax may have been overlooked in the original invoice.

    11.Purchaser understands that there are natural inconsistencies and aging in leather and in wood. Both are natural products with individual characteristics that cannot be controlled.  Both will “age” in time.  While every attempt is made to achieve uniformity, this is not always possible. When using decorative veneers, it is almost certain that some veneer movement will occur. Cross bandings are also liable to some movement.  Also, hardwoods and leather are both affected by exposure to sunlight.  This slow change, called “mellowing”, is always occurring so that in a year’s time, a significant difference in color may occur.  These movements and aging should be seen as part of the natural charm and overall ambience of our furniture.

    12. For custom orders that Seller and Purchaser deem to require additional clarification than what is described on the invoice, Seller may make a CAD rendering for Purchaser’s approval. Purchaser may request to make minor changes to the rendering(s), after which Seller shall provide a second CAD rendering(s) for Purchaser’s final approval.  In the event that Purchaser opts to make additional changes at that point, Purchaser agrees to pay an additional One Hundred and Fifty Dollars per additional CAD rendering.

    13. In the event that Purchaser opts to request alterations and/or change orders that Seller deems to be more than “minor changes”, Seller may opt to re-quote the order or to cancel the order in its entirety. In the case that Seller opts to cancel the order, Seller will refund the initial deposit amount to Purchaser, less $150 per all sets of CAD renderings that were produced for Purchaser.  In the event that Purchaser requests to cancel the order, Seller may refuse cancellation or Seller may opt to apply the initial deposit amount as in-store credit only on Purchaser’s account.  In this case, Purchaser will remain responsible for the sum of One Hundred and Fifty Dollars per CAD rendering that was supplied.

    14. Our interior design consultation services (consulting, conceptual plans, furniture layout, elevations, color schemes, fabric schemes, furniture design, logistics, supervision, etc..) are not directly related to the sale of merchandise – they are considered conceptual plans for purposes of your interior or exterior design project.

    15. In the event that we collect contracting fees from you on behalf of a third-party contractor (GC, Painter, Window Treatments, Wallpaper Installer, etc..), all fees will be for labor only (painting, construction, installation, etc..), and not for any taxable items. Payments for purchases of taxable items (appliances, etc..) will be made directly to the General Contractor or their sub-contractors and vendors.

    16. Arbitration. Any controversy, except a controversy which is subject to the jurisdiction of Small Claims Court, between the parties hereto involving the construction or application of any of the terms, covenants, or conditions of this Agreement will, on the written request of one party served on the other, be submitted to arbitration.  The arbitration will comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.  The parties will each appoint one person to hear and determine the dispute and if they are unable to agree, then the two persons so chosen will select a third impartial arbitrator whose decision will be final and conclusive on both parties.  The cost of arbitration will be borne in such proportions as the arbitrators decide.

    RETURN POLICY. There is a no-return policy in effect.  This no-return policy applies for all orders (this includes, but is not limited to upholstered furniture, woodwork, bedding, pillows, lighting, wrought iron, area rugs, sample sale items, window treatments, textiles, interior design and/or architectural consultation, and the like), all accessories, and artwork. Once an item has been ordered and a deposit has been received, it cannot be exchanged or returned for a refund.  Additions and/or alterations to orders are handled on a per-incident case and is at the sole discretion of Seller.