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Terms and Conditions of Use
These terms and conditions govern your use of this Site. By using this Site, you agree to these terms and conditions. For convenience, this agreement refers to PoshPad, Inc., d/b/a SwankSpace, as "we", or "SwankSpace", refers to users as "you", "User" or "Buyer", and refers to this Web site as the "Site".
We may from time to time modify or remove these terms and conditions. If we do, this posting will be updated, and the changes will be effective 30 days after they are posted, unless you are otherwise notified by SwankSpace. You should periodically visit this part of this Site to review the terms and conditions.
Placing Orders on this Site
This Site allows you to submit orders on an item by item basis, or you can accumulate items in a "shopping cart" or "project folder" before submitting a final order. These terms and conditions are incorporated into each purchase order you submit while using this Site.
Once an order is submitted, SwankSpace will confirm the order online by issuing you an order number and displaying an order confirmation for your records. A confirmation by email will also be sent. If your order is accepted, you are obligated to purchase the items on the terms and conditions set forth herein and in your purchase order. SwankSpace reserves the right to decline your order for any reason, or to terminate your right to use this Site for any reason.
In the ordering process, you will select a user name and password. You are responsible for the use and protection of your user name and password. Please notify us immediately of any unauthorized use of your user name, email address or password, or any other breach of security regarding this Site.
Payment Terms
Prices are subject to change from time to time, without prior notice. In the event that a product is listed at an incorrect price due to typographical error or error in pricing information received from others, SwankSpace shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. SwankSpace is not responsible for typographical or photographic errors.
You are required to provide payment in full prior to SwankSpace placing and fulfilling your order with the manufacturer of the goods purchased. Payment may be made by credit card. SwankSpace accepts Visa, Mastercard and American Express. Sometimes our products are physically manufactured following your order. For such purchases, we require a minimum of a 50% deposit at the time that you place your order. We will confirm this with you and then we will charge the balance just prior to the time that your order has been shipped.
Shipping
Our system quotes all shipping fees online. We will notify you once your order is placed whether there are further shipping fees. For smaller items, we use the services of UPS or FedEx Ground within the continental US. Large items are shipped by freight and truck delivery to your door.
Shipping is available to the contiguous 48 states. International deliveries and deliveries to Alaska and Hawaii are not currently available. Items ordered together may not necessarily be shipped together.
SwankSpace does not provide in-house white glove delivery, so all deliveries are made to your door or business delivery area. Drivers are not required to break down or set up any furnishings unless specifically arranged with us prior to delivery for an extra fee. Customers who wish to return non-damaged items must pay both outbound fees not already incurred and return shipping fees.
We ship our product by United Parcel Service (UPS) or other standard freight carrier. We make every reasonable attempt to ship the product within the time frame specified on the web site after payment is received. When we confirm your order, we will give you our estimated shipping date. Shipping times will vary depending on the carrier and your location. Shipping will be charged to your account, in accordance with the rates published by the selected carrier, which are subject to change from time to time.
Taxes
Colorado residents must pay standard sales tax on all orders.
Cancellations
Order cancellations must be made via phone or email as soon as you know the order will be cancelled and in any event at least 2 days prior to shipment. Custom order cancellation charges are 50% of the total purchase.
Returns
Purchased items may be returned within 30 days of shipment, with the pre-approval of SwankSpace. Upon approval, SwankSpace will issue a returned goods authorization reference number to identify the product being returned. Any customer wishing to return an item is required to pay all shipping costs associated with returning the item back to our warehouse as well as any outbound shipping costs not already incurred. No refund will be made for purchases until the items have safely arrived to our warehouse. Custom products are not returnable.
Delays
Delays in production and shipping may occur. If a delay occurs we will work hard to get your purchase to you, but please keep in mind that we work with high-ticket and large items which come from all over the world. In most cases, delays occur during busy seasons, or due to manufacturer delays in the production of their products. Other times, shipping companies can botch an order, lose track of a shipment, or mis-direct a shipment to the wrong drop center, causing delays of up to 3-6 weeks. We cannot be responsible and have no control over these types of delays although we will try to keep your shipment on track. SwankSpace.com will make reasonable efforts to quote accurate lead times and promptly notify the purchaser of any delays. Please note that we are not responsible for product delays from the manufacturer or shipping company to us or to you directly. Under no circumstances will SwankSpace.com be responsible for any consequential damages resulting in shipping delays, damaged goods or other reasons for a delay in shipping.
Finishes
Color, texture, and graining variations can occur in natural products like leather, wood and stone. These are not normally considered imperfections. SwankSpace has made best efforts to represent the products and finishes as accurately as possible.
Damage
Customer agrees to advise SwankSpace within 3 working days after the date of delivery of any defect, nonconformity, error or shortage in the products. Should there be freight damage, you are responsible for filing the damage claim directly with the delivery company. File your damage claim immediately, delays will cause problems.
Inspect your order upon its receipt in the presence of the delivery staff. If there is damage, make specific notes on the delivery slip describing the damage. If it is impossible to inspect the order with the delivery staff present, write "possible concealed damage" on the delivery slip.
SwankSpace, at its sole discretion, will repair or replace the damaged item.
Product Line and Site Availability
We may update, modify and discontinue any product advertised for sale on this Site, at any time. Since various contingencies can arise that may affect our business, we cannot warrant that advertised products will be available within any specified period of time, or that they will be available at all. We may also decide to terminate this Site, and/or your right to use this Site, in our discretion at any time, without prior notice. You are obligated to complete all sales transactions that are created by your use of this Site.
Product Warranties
All products sold are warranted by the manufacturer. Please contact SwankSpace for a specific product’s warranty information. Most products have greater than a one year warranty.
Disclaimer of Other Warranties
This site, its content and the services available through it, are provided on an "as is", "as available" basis. SwankSpace makes no representations or warranties of any kind whatsoever, express or implied, including without limitation, warranties or conditions of title or merchantability or fitness for a particular purpose, and non-infringement. Although we believe the content to be accurate, complete and current, SwankSpace does not represent or warrant that the information on this site is accurate, complete or current. Price and availability information is subject to change without notice.
For your convenience, this Site contains links to other sites that are not controlled or affiliated with SwankSpace. Those sites may also contain links to other sites. SwankSpace is not responsible for the contents of any linked site, including other links. SwankSpace expressly disclaims any responsibility, endorsement or warranty of any linked site, any services or goods advertised or available through any linked site, and any information that is referenced in or by a linked site.
Limitation of Liability
SwankSpace's liability to you and any third parties is limited to the price paid by you to SwankSpace for the product sold through this Site. Under no circumstances shall SwankSpace be liable for any lost profits, or special, incidental or consequential damages, however arising. In no event shall SwankSpace be liable for special, indirect, exemplary, or consequential damages or any damages whatsoever, including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, neglicence, or other tortuous actions, all arising out of or in connection with the use, copying, or display of the contents of this site. In an effort to provide our customers with the most current information, SwankSpace will, from time to time, make changes in the contents and in the products or services described on this Site.
User Information
To utilize this Site, you will have to send us certain information about you, such as your name, street address, email address, telephone numbers, credit card numbers, and the like (referred to as "Personal Information"). We will only use your Personal Information in the operation of this Site, and only in accordance with our Privacy Policy. We may, for example, use your Personal Information to inform you of SwankSpace products and promotions, and to communicate with your credit card issuer regarding your account. For that limited purpose, we need to have an irrevocable and royalty-free license to use your Personal Information, which you grant to us for that limited purpose as it relates to your account.
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to SwankSpace ("Transmissions") shall be and remain the property of SwankSpace.
All Transmissions will be treated as non-confidential and non-proprietary and SwankSpace shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, SwankSpace shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that SwankSpace may use information about your demographics and use of this Site in any manner that does not reveal your identity. For more information on this matter, please view our privacy statement.
User Conduct
You agree that, while using this Site, you shall not: (a) upload or transmit any information or data that is unlawful, harmful, obscene, or otherwise objectionable, as determined by SwankSpace in its sole discretion; (b) harass, or threaten any person; (c) misrepresent your identity or affiliation with any other person; (d) restrict or inhibit any other User from using and enjoying this Site or interfere with any other User's use of this Site; (e) transmit any bulk e-mails, advertisements, or other unsolicited commercial communication or engage in spamming or flooding; (f) transmit any virus, trojan horse, worm or other harmful computer programming routine; (g) attempt to gain unauthorized access to other computer systems through this Site; (h) transmit any information through this Site that is misleading, fraudulent or counterfeit, or that infringes on any intellectual property right of SwankSpace or any other person.
User Representations and Warranties
In addition to other representations and warranties provided by you in these terms and conditions, you represent and warrant that: (1) you are authorized, and have the power, to enter into the agreements formed by your use of this Site, and to perform your obligations; (2) you use of this Site and performance of your obligations, will not violate any law or regulation applicable to you or SwankSpace, or any agreements to which you are bound; and (3) all Personal Information provided by you will be current, complete, and accurate when provided.
Monitoring
SwankSpace has the right, but not the obligation, to monitor this Site and your use of this Site from time to time, in order to determine compliance with these terms and conditions and any other operating rules that SwankSpace may establish from time to time. SwankSpace is not obligated to review all information transmitted through this Site or materials posted to this Site by Users.
System Integrity
SwankSpace strives to maintain a useful and reliable Web site that facilitates your buying needs, and we make reasonable commercial efforts to do so. Still, outages and other interruptions will occur from time to time. Because of various factors outside our control, we cannot guaranty continuous, uninterrupted or secure access to this Site or the services provided through this Site. You agree not to hold us liable for any costs, damages or liabilities that you incur as a result.
Jurisdiction and Venue
This Agreement shall be governed by and in accordance with the laws of the State of Colorado, without regard to conflicts of laws provisions. This Agreement is governed by and shall be construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of law. You agree to bring any claims arising under this Agreement exclusively in the state courts in Boulder or Denver Counties or in the federal courts of the State of Colorado and you agree that such courts have personal jurisdiction over you for any suits we may bring.
Notices
All notices shall be given by e-mail or certified mail to the address or addresses provided by SwankSpace or you on the Site from time to time.
Copyright
All material provided on this Site is owned by SwankSpace or the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without the prior written permission of SwankSpace or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site only for the purpose of evaluating our products and furthering potential transactions with us, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without SwankSpace's permission, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions.
General
If any of these terms and conditions is held to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. The failure of any party to exercise or enforce any rights shall not constitute a waiver of such right. You agree that any cause of action related to this Site must commence within one (1) year after the cause of action arose. These terms and conditions, together with other information provided by SwankSpace on this Site, comprise the entire agreement between you and SwankSpace and supersede all prior agreements between the parties regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.
Termination
This Agreement is effective unless and until terminated by SwankSpace. SwankSpace may terminate this Agreement at any time without notice to you, and accordingly deny you access to the Site in our sole discretion if you fail to comply with the Agreement. Upon any termination of this Agreement by SwankSpace, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials. In addition, by providing material on our Site, SwankSpace does not in any way promise that the materials will remain available to you. SwankSpace may terminate all or part of its Site at any time without notice to you.
Modification
SwankSpace may modify these terms by updating this posting. You agree that in the event any portion of these Site terms of use are found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current terms of use to which you are bound.
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Privacy Policy Statement
This notice describes our privacy policy, which may be amended from time to time without notice. Please review each time you visit our website for any changes. By visiting SwankSpace.com you are accepting the practices described in this Privacy Notice.
What Personal Information About Customers Does SwankSpace.com Gather?
The information we learn from customers helps us personalize and continually improve your shopping experience, among other things. Here are the types of information we gather.- Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of some of our features. We use the information that you provide for a variety of purposes, for example, to respond to your requests, customize your future shopping, improve our site, communicate with you and in other ways.
- Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses SwankSpace.com. Examples of the automatic information we may collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information, such as browser type and version, operating system, and platform; purchase history, the full Uniform Resource Locators (URL) clickstream to, through, and from our Web site, including date and time; cookie number; products you viewed or searched for; phone number used to call our toll-free number; and other information as available.
- E-mail Communications: We may receive a confirmation when you open e-mail from us if your computer supports such capabilities. We may also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please let us know by removing yourself from our list at http://www.swankspace.com/myinfo/unsubscribe.asp
- Information from Other Sources: We might receive information about you from other sources and add it to our account information. We may also sometimes receive updated delivery and address information from our shippers or other sources.
- Other Information: Other information, as made available to us may also be gathered.
What About Cookies?- Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features to you.
- The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However cookies allow you to take full advantage of some of our coolest features, and we recommend that you leave them turned on.
Does SwankSpace.com Share the Information It Receives?We reserve the right to share customer information with other entities in our sole discretion. How Secure Is Information About Me?- We make an effort to protect the security of your information during transmission by using industry standard security products.
- It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using your password on our Web site. One way to do so is to close your browser.
What Information Can I Access?SwankSpace.com gives you access to the following information about you for the limited purpose of viewing and, in certain cases, updating that information. This list may change as our site evolves.
Name
Shipping Address
Billing Address
Email name
Password What Choices Do I Have?- As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of SwankSpace.com features.
- You can add or update certain information on pages such as those listed in the "What Information Can I Access?" section above. When you update information, we may keep a copy of the prior version for our records.
- If you do not want to receive e-mail or other mail from us, please let us know by going to http://www.swankspace.com/myinfo/unsubscribe.asp
- The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, you will not be able to use some important features of SwankSpace.com.
ChildrenSwankSpace.com does not sell products for purchase by children. If you are under 18, you may use SwankSpace.com only with involvement of a parent or guardian. |
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