TERMS AND CONDITIONS
DreamSofa.com Terms And Conditions
Current Version: Ver. 1.0 (6th December 2017)
DreamSofa.com
Welcome to DreamSofa.com. Your use of this website is governed by the terms and conditions (“Terms”) appearing herein below, as updated from time to time. The current version of these Terms is indicated hereinabove. These Terms constitute a legally binding agreement between you and DreamSofa.com the owner and operator of DreamSofa.com.
By using this website, you agree to these conditions. Please read them carefully.
We offer a wide range of Products & Services, and at times additional terms may apply. In addition, these terms and our privacy policy are subject to change without notice. An up-to-date version of the Terms and the Privacy Policy shall be available on DreamSofa.com. By using this website you agree to be bound by these Terms.
PRIVACY
Please review our Privacy Policy, which also governs your use of this website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use DreamSofa.com, or when you send us e-mails, you are communicating with us electronically. By using DreamSofa.com you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You consent that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through DreamSofa.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of DreamSofa.com or our content suppliers. This material is protected by United States copyright laws. All of the content included in or made available through DreamSofa.com is the exclusive property of DreamSofa.com and protected by U.S, Canadian and international copyright laws.
TRADEMARKS
“dreamsofa.com”, “DreamSofa.com”, “Dreamsofa.com” and related icons and logos are registered trademarks or trademarks or service marks of DreamSofa.com and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
OTHER INTELLECTUAL PROPERTY
DreamSofa.com is the sole owner or lawful licensee of all the rights and interests of the website DreamSofa.com. You agree not to infringe any or all of the title, ownership and intellectual property rights of DreamSofa.com. You hereby indemnify DreamSofa.com to the extent of any breach of intellectual property rights by or through your use of DreamSofa.com. All rights not otherwise claimed under the Terms or by DreamSofa.com are hereby reserved.
PROPER USE AND ACCESS
You shall not engage in any activity directly or indirectly which undermines the integrity of the computer systems, networks and/or other electronics of DreamSofa.com and/or of other users of DreamSofa.com. You shall not gain and/or attempt to gain unauthorized and/or unlawful access to DreamSofa.com’s computer systems and networks and/or any and all data or information therein. You agree to use Dreamsofa.com for your personal use only and in no event use any or all of the information, text, images, graphics, video clips, sound, directories, files, databases, listings etc. obtained on or through DreamSofa.com for commercial purposes of any sort, nor for copying, reproducing, downloading, compiling whether directly, indirectly. Use of any content on DreamSofa.com for purposes other than appearing in these Terms is prohibited.
YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account information and password on DreamSofa.com. You are also responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. DreamSofa.com does sell products for children. Adults can purchase products through DreamSofa.com with a credit card or other permitted payment method. If you are under 18, you may use DreamSofa.com only with involvement of a parent or guardian. DreamSofa.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. DreamSofa.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant DreamSofa.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DreamSofa.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DreamSofa.com for all claims resulting from content you supply. DreamSofa.com has the right but not the obligation to monitor and edit or remove any activity or content. DreamSofa.com takes no responsibility and assumes no liability for any content posted by you or any third party.
INDEMNITY
You hereby agree to indemnify and save DreamSofa.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such your use of DreamSofa.com or Services (including but not limited to the display of your information on DreamSofa.com) or from your breach of any of the Terms. You hereby further agree to indemnify and save DreamSofa.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to information about such third parties and/or any of their goods and/ or services. You also agree further that DreamSofa.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. DreamSofa.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with DreamSofa.com in asserting any available defenses.
COPYRIGHT COMPLAINTS
DreamSofa.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
RISK OF LOSS
All items purchased from DreamSofa.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
REFUNDS AND RETURNS; CANCELLATIONS
DreamSofa.com does not take title to returned items until such time as the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return, in this situation, DreamSofa.com does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.
PRODUCT DESCRIPTIONS
DreamSofa.com endeavours to be as accurate as possible, however mistakes happen. DreamSofa.com does not warrant that product descriptions or other content on DreamSofa.com is accurate, complete, reliable, current, or error-free. If a product offered by DreamSofa.com is not as described, your sole remedy is to return the product it in unused condition according to the Returns Policy.
PRICING
Except where noted otherwise, the Retail Price, List Price or Suggested Price displayed for products on DreamSofa.com represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Retail Price, List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to items sold by DreamSofa.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by DreamSofa.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
DELIVERIES
Delivery timeframes communicated by DreamSofa.com are estimates and dependent on many factors beyond its control, including but not limited to production delays, shipping delays, government delays and forces of nature. In no event shall DreamSofa.com be liable for deliveries going beyond the estimated timeframe.
FORCE MAJEURE
DreamSofa.com shall in no event be held responsible for delay and/or non-provision of the Services or Products, or unavailability of the Website for any reason whatsoever including but not limited to events beyond the reasonable such as Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
GIFTS, PROMOTIONS, CUSTOMER CREDITS, AND OFFER CODES
DreamSofa.com may from time to time and in its sole discretion make available special offers to its customers and promotional codes that provide an opportunity for customers to receive store credits, coupons, prizes, or benefits, (for example, referral credits issued to customers for referring others to DreamSofa.com). You agree that Promo Codes: (a) must be used for the intended audience and purpose, and in a lawful manner; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by DreamSofa.com; (c) may be disabled by DreamSofa.com at any time for any reason without liability to DreamSofa.com; (d) may only be used pursuant to the specific terms that DreamSofa.com establish for such Promo Code; (e) are not valid for cash; and (f) may expire prior to your use. Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Credits, coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits.
DreamSofa.com reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct . You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. DreamSofa.com reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by DreamSofa.com. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If DreamSofa.com terminates your account, for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by DreamSofa.com and such determination is final.
DISCLAIMER AND LIMITATION OF LIABILITY
a. disclaimer. dreamsofa.com assumes no liability or responsibility for any (a) errors, mistakes or inaccuracies of the content, products, information, network and materials set forth on or made available through the network, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the network, products or any third party website(s) or products, (c) any unauthorized access to or use of secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the network or third party website(s), (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the network or any third party website(s) by dreamsofa.com or any third party, and/or (f) any errors or omissions in the network or any content, information and materials (including but not limited to third party website(s)) or for any loss or damage of any kind incurred as a result of the use of any of the foregoing.
You expressly understand and agree that your use of and reliance upon any and all of the network, products, services and/or content is at your sole risk and is made available on an “as is” and “as available” basis. all products sold by dreamsofa.com are subject to any applicable warranties and representations of their respective manufacturers. accordingly, dreamsofa.com makes no representation or warranty with respect to any product sold, except as may expressly be stated herein. dreamsofa.com makes no warranties or representations about the accuracy or completeness of the network, products, content, the content of any third-party website linked to or from this site, comments, information or any other items or materials on this network or linked to from this network. some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. if you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
b. limitation of liability. in no event shall dreamsofa.com be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including, without limitation, damages for loss of use, data or profits, arising from or connected in any way with the network, contributions, materials, content, comments, products, services, software, or provision of or failure to provide services, made available or obtained through this network or any third-party website(s), or otherwise arising out of the use of the network , whether based on contract, tort, negligence, strict liability or otherwise, even if dreamsofa.com has been advised of the possibility of damages. notwithstanding anything to the contrary contained in these terms of use, dreamsofa.com’s liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these terms of use or your use of the network or purchase of any products or services, whether in contract, tort, or for breach of statutory duty or in any other way shall not exceed $50 in the aggregate.
c. any products, services, comments and content made available or obtained through the use of the network, and all other use of the network, is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
d. if you are dissatisfied with any portion of the network, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the network.
TERMINATION
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
