Terms of Service

Effective Date: November 29, 2019

IMPORTANT NOTICES

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR SITE AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, PRIVACY POLICY AND ALL OTHER TERMS INCORPORATED BY REFERENCE (IF ANY). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITE OR SERVICES.

ACCEPTANCE OF AGREEMENT

These Terms of Service (the "Agreement") constitute a legally binding agreement between you as the user(s) of the site (“you”, “your” or “User”) and DecorManager and its subsidiaries and affiliates (“we”, “us” and “our”) in connection with the use of decormanager.myshopify.com (the “Site”) and our Services (as defined below).

We may offer additional Services or Products or modify or revise any part of the Service at our discretion, and this Agreement will apply to all additional Services or Products and all modified or revised Service unless otherwise indicated. We also reserve the right to cease offering any part of the Service. You agree that we shall not be liable to you or any third party for any modification, revision, suspension, or discontinuance of any part of the Service.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and Services to you.

CONFIRMATION OF LEGAL AGE

By using this Site and our Services, you represent and warrant that you are at least eighteen years of age. If you are under eighteen years of age, then you are not permitted to access this Site or use our Services for any reason. Due to the age restrictions for use on the Site, no information obtained by this Site falls within the Child Online Privacy Act (COPA) and is not monitored to do so. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE OR SERVICES FOR ANY REASON AND YOU MUST EXIT THIS SITE IMMEDIATELY.

By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

CHANGES TO AGREEMENT

You can review the most current version of the Terms of Service at any time at this page.

THIS AGREEMENT AND ANY POLICY OR GUIDELINE OF THE SERVICE MAY BE MODIFIED BY US IN OUR SOLE DISCRETION AT ANY TIME. We shall provide notice of any such modification, which notice shall, at a minimum, consist of posting the revised Agreement to the Site.

It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

DEFINITIONS

For the purposes of these Terms of Services:

  1. “Product” or “Products”, “item” mean items manufactured and supplied by Supplier and further listed, offered for sale, or sold via our Site.
  2. “Service” or “Services” provision an online platform or venue for offering and selling Products to buyers.
  3. “Supplier” means a third-party supplier of Products who manufactured and supplied Products that listed, offered for sale, or sold via our Site.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to (but not obliged to) correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

ACCURACY OF BILLING AND ORDER INFORMATION

You agree to provide current, complete and accurate Order Information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If we believe the information you provide is not correct, current, or complete, or is an impersonation of someone else, we have the immediate right to, without notice to you, to refuse, terminate, or suspend your access to the Site or our Services.

PERSONAL INFORMATION

Your submission of Personal Information through the store is governed by our Privacy Policy. Accordingly, these Terms of Service must be read in conjunction with our Privacy Policy.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence (unless such comments contain Personal Information as defined in our Privacy Policy); (2) to pay compensation for any comments; or (3) to respond to any comments; (4) use or rely on any comments

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous, defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, all contents on the Site are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by us or one of our affiliates and are protected by United States and international copyright, patent, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all contents on this Site is the exclusive property of DecorManager and is also protected by international copyright, patent, trademark and other intellectual property laws. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of DecorManager.

THIRD-PARTY LINKS, MATERIALS, WEBSITES AND INTERFACES

Certain content, Products and Services available via our Service may include materials from third-parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any person and that we are not in any way responsible for any use by you. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, Products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third-party.

PRODUCTS OR SERVICES

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

We reserve the right but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. Any offer for any Product or Service made on this Site is void where prohibited.

Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. For more detail, please review our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

PRICES AND PRODUCT DELIVERY

The price payable by you for any Product ordered by you shall be the price quoted on this Site at the time your order is submitted. The prices quoted on this Site are payable in United States dollars (USD) and include delivery costs. Please note that Prices for our Products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.

Please allow twenty six calendar days from your order confirmation and payment processing until the delivery of your Product. The Product will be sent to the address indicated by you in your order. 

If you have not received your Product(s), please contact support@cookfactory.com.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, its content or our Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMERS

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND/OR OUR SITE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICE IS PROVIDED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR THAT DEFECTS IN OUR SERVICE WILL BE CORRECTED.

WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, MORALITY OR LEGALITY OF ANY ASPECT OF THE PRODUCTS OR THIRD-PARTY SERVICES, THE TRUTH OR ACCURACY OF THE LISTINGS AVAILABLE THROUGH THE SERVICES, INCLUDING ANY THIRD-PARTY SERVICE, OR THE ABILITY OF SUPPLIERS TO SELL OR FULFILL ORDERS FOR PRODUCTS. WE CANNOT ENSURE THAT A SUPPLIER WILL ACTUALLY COMPLETE A TRANSACTION. CONSEQUENTLY, WE ARE NOT A PARTY TO, AND WILL HAVE NO LIABILITY ARISING FROM, THE TRANSACTIONS BETWEEN YOU AND SUPPLIERS.

IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY INFRINGEMENT OR TRANSACTION DISPUTE, INCLUDING, BUT NOT LIMITED TO, TRANSACTION DISPUTES ABOUT QUALITY, SAFETY, BREACH OF WARRANTY, LAWFULNESS OR AVAILABILITY OF THE PRODUCTS OR SERVICES AND THE PAYMENT FROM BUYERS, AS WELL AS ANY INTELLECTUAL PROPERTY INFRINGEMENT BY SUPPLIERS.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS, AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR OUR SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY TO YOU UNDER THE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS, AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Service and any separate agreements whereby shall be governed by, construed, interpreted and enforced in accordance with the laws of the state of Delaware, United States, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby explicitly excluded.

The courts of the State of Delaware shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms of Service and the performance thereof. The litigation proceedings shall be conducted in English. You hereby irrevocably waive, to the fullest lawful extent, all rights to trial by jury in any proceeding relating to this Terms of Service.

INDEMNITY

You agree to indemnify, defend and hold harmless DecorManager and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from or related to (1) your use of or access to the Site and Services, (2) your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties above, (3) your conduct in connection with the Service or other users, (4) any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, (5) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (7) your violation of any applicable laws, rules or regulations.

SEVERABILITY

If any provision, or any portion thereof, of this Agreement is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect, unless otherwise indicated herein.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

MISCELLANEOUS

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions.

CONTACT US

If you have questions or concerns about these Terms of Service, the practices of this Site, please contact us by e‑mail at info@cookfactor.com or by sending a registered or regular mail to: CookFactor,7455 Arroyo Crossing, Suite 220, Las Vegas, Nevada, 89113, United States of America.