Design Quarters

TERMS & CONDITIONS

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES

Welcome to Design Quarters, www.designquarters.com (the “Website or “Site” or “Services”). By accessing or using Design Quarters website, catalogs and other products and services, or contacting our call center representatives, you (“you,” “buyer,” “user,” or “customer”) signify your agreement to these Terms of Use. This Site is owned and operated by Design Quarters Ltd. The words "we", "our", "us" and Design Quarters refer to Design Quarters Ltd. unless a different meaning is evident from the context.

Design Quarters is an online platform that allows customers to shop for and purchase home goods, including but not limited to furniture, lighting, textiles, tableware, design accessories, limited edition artwork, lifestyle accessories. These goods are purchasable directly on the site (www.designquarters.com) or through our catalogs and our customer service representatives. In addition, Design Quarters provides original content relating to the products sold, designers, design and cultural events.

The Services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth herein. Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs our relationship. It explains how Design Quarters collects, uses, and shares the personally and non-personally identifiable information that pertains to you and your privacy. By accessing the site, you agree to this Privacy Policy. We reserve the right, at any time and in our sole discretion, to change, modify or otherwise alter these Terms of Use. Such changes and/or modifications are effective immediately when posted on our websites. We may email periodic reminders of our Terms of Use, but you should check our website frequently to see any recent changes. Your continued use of our Services after the changes and/or modifications are posted will constitute your acceptance of the revised terms and conditions. If you do not agree to these Terms of Use, please do not use our Services.

ACCEPTABLE USES

You may use this Site only for legitimate shopping purposes or to communicate with us. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site‘s systems, spoofing or faking email headers or slowing or stopping the functionality of the Site. In the event you register and/or purchase product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or we suspect, for any reason, that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse any and all current or future use of the Site. To register on our site you will create a password and account designation. You are responsible for all activities that occur under your password or account and you are responsible for maintaining the confidentiality of the password, the account, and for restricting access to your computer. If you are under the age of 18, you may use the Site only with involvement of a parent or legal guardian. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

ELECTRONIC COMMUNICATIONS

When you use any of the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through other Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

RISK OF LOSS

Items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and the title for such items pass to you upon our delivery to the carrier.

RESTRICTIONS ON USE OF MATERIALS

This Site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by us, our related entities, parents and our licensors or licensees and are protected by American and international copyright and intellectual property laws. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this Site in any way. Failure to comply with such copyright and trademark laws shall result in legal action at the discretion of Design Quarters.

PRODUCT DESCRIPTIONS:

Product descriptions, information, availability, and pricing for any product or service on the site is subject to change at any time without notice. We do not guarantee nor do we make any representation regarding the accuracy, completeness of any information on the site, including product descriptions or product images. We make every effort to accurately illustrate and describe the true condition and description of the products and goods sold through the site. However, due to differences in computer screen quality, lighting, or general perception, it is possible the physical goods purchased through the site will look different than how they are represented and described. If you feel goods you have purchased on Design Quarters have been misrepresented, please contact us at contact@designquarters.com.

YOUR ACCOUNT

If you use any our Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Design Quarters reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

ORDERS, PAYMENT INFORMATION, AND FEES:

By using a credit card to purchase on the site, you are acknowledging and authenticating that the card is valid, and that you are authorized to use the card. If the charge is not authorized or accepted or there are errors in processing, we reserve the full right to cancel your order without any notice and with no further liability to you. We also retain the right to refuse any future use from any credit card or any user, especially under circumstances of suspected or proven fraud or unethical or unlawful use of an account. You card will be charged once you have placed an order. Before you card is charged and before you have confirmed your order, your card will be authorized for the amount on your order. You are solely responsible for paying all fees and taxes associated with goods purchased on our site. If your payment method (i.e. credit card) fails or your account is past due, we retain the right to collect any and all fees owed to Design Quarters using other collection means in accordance with the law.

DISCLAIMER

THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS, AND ALL MATERIALS CONTAINED ON THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS INCLUDING ANY OF OUR OTHER SERVICES, ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT: (A) THE CONTENTS OF THIS SITE OR ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS (INCLUDING PRICING, DESCRIPTION AND OTHER PRODUCT INFORMATION) WILL BE ACCURATE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ANY ERRORS IN SUCH CONTENTS WILL BE CORRECTED; OR MISTAKES IN PRICING OR OTHER PRODUCT DETAILS WILL BE HONORED; (B) THAT THIS SITE, ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS OR THE SERVERS THAT MAKE SUCH SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THAT YOUR USE OF THIS SITE OR OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS WILL BE UNINTERRUPTED. DESPITE OUR BEST EFFORTS, FROM TIME TO TIME ITEMS ON THIS SITE OR ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS MAY BE MISPRICED. IF AN ITEM’S CORRECT PRICE IS HIGHER THAN THE LISTED PRICE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION. IF A PRODUCT OFFERED ON THIS SITE OR ANY OTHER SITE OR SERVICE THAT LISTS OUR PRODUCTS IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR ITS CONTENTS OR ANY OF THE SRERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LINKS

THIS SITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WORLD WIDE WEBSITES OR RESOURCES. IF YOU SHOULD CLICK ON A LINK, AND ARE REDIRECTED TO A THIRD PARTY SITE, YOU ACKNOWLEDGE AND CONSENT TO THAT DESIGN QUARTERS MAY BE COMPENSATED FOR THE TRAFFIC AS A RESULT OF YOUR BROWSING BEHAVIOR, WHETHER OR NOT YOU PURCHASE ON THIRD PARTY SITES THROUGH SUCH LINKS. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

PRODUCT DESCRIPTIONS:

Product descriptions, information, availability, and pricing for any product or service on the site is subject to change at any time without notice. We do not guarantee nor do we make any representation regarding the accuracy, completeness of any information on the site, including product descriptions or product images. We make every effort to accurately illustrate and describe the true condition and description of the products and goods sold through the site. However, due to differences in computer screen quality, lighting, or general perception, it is possible the physical goods purchased through the site will look different than how they are represented and described. If you feel goods you have purchased on Design Quarters have been misrepresented, please contact us at contact@designquarters.com.

NOTIFYING US OF CLAIMED COPYRIGHT INFRINGEMENT

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act. In accordance with Section 512(i)(1)(a) of the DMCA, Design Quarters will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers. 
If you wish to notify us of an alleged copyright infringement for material posted on the Site, to be effective, your notice must be a written communication to our designated agent that complies with Section 512(c)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your notice must include substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. The best method is to provide a URL in the body of an email.
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

subject: DMCA Complaint – Design Quarters

The Corporation Trust Company

820 bear Tavern Road

West Trenton 08628 NJ

USA

Email: contact@designquarters.com subject: DMCA Complaint

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

COUNTER-NOTIFICATION

If you elect to send us a counter-notice, to be effective, your counter-notice must be a written communication to our designated agent that complies with Section 512(g)(3) of the U.S. Copyright Act. Please consult your legal advisor. Your counter-notice must include substantially the following:

  • A physical or electronic signature of the subscriber.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • The subscriber‘s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber‘s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

subject: DMCA Complaint – Design Quarters

The Corporation Trust Company

820 bear Tavern Road

West Trenton 08628 NJ

USA

Email: contact@designquarters.com subject: DMCA Complaint

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless, Design Quarters, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys‘ fees, resulting from any violation of this agreement by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

PROMOTIONS

From time to time, we may post a contest, sweepstakes, or other similar promotion ("Promotion") on our social media websites or the Site. Unless otherwise stated in the Official Rules for such Promotions, and, in addition to and as part of the Terms of Use and Privacy Policy, by participating in any such Promotion you acknowledge and agree to be bound by the following terms:

  • No purchase necessary to win;
  • Any applicable taxes are to be paid by Promotion winner;
  • Void where prohibited;
  • Eligibility limited to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older;
  • Employees of Design Quarters, its parent and advertising and promotion agencies are not eligible to enter or win;
  • Our decisions and/or the decisions of judges with respect to any aspect of the Promotion are final;
  • Judges, if any, are qualified to apply the Promotion criteria;
  • We are not responsible for lost, late, misdirected, incomplete, inaccurate, delayed, garbled, stolen or illegible entries or postage-due mail;
  • Entries in excess of the stated entry limitations will be void;
  • Mass entries or mechanical reproductions are void;
  • Prizes cannot be transferred, redeemed for cash or substituted, except by Design Quarters who reserves the right to substitute a prize of comparable or greater value;
  • Prizes will not be awarded if we do not receive a sufficient number of eligible and qualified entries;
  • Entries must be original and become the property of Design Quarters upon submission; and
  • We reserve the right to verify eligibility qualifications of any potential winner and such potential winner agrees to cooperate in such verification when asked.
  • Unless otherwise stated, Promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook or any other Social Media Host (as defined above). You understand that you are providing your information to us and not to Facebook or any other Social Media Host. The information you provide will only be used for the purposes outlined in our Privacy Policy.
  • A person who accepts a prize as a winner in any Promotion (as defined below), or posts Submitted Materials to any of our social media websites, except where legally prohibited, such person grants permission for us and our designees to use his/her name, address (city and state), photograph, voice and/or other likeness and, if applicable, prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.

TAXES

We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.

JURISDICTION AND GOVERNING LAW

By accessing this Site and/or using our Services, you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflicts of law principles. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

DISPUTES AND ARBITRATION AGREEMENT

Any dispute or claim relating in any way to the Services, including products or services sold or distributed through our websites and catalogs, any dealings with us and our customer service agents, any representations made by us, and/or your use of our websites (including without limitation claims relating to the Terms of Use, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claim you assert against our subsidiaries, affiliates and assigns. This also includes any dispute or claim that arose before you accepted these revised Terms of Use.

Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described below. Without limiting the foregoing, if for any reason a claim proceeds in court rather than in arbitration, WE EACH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, except as provided in this section. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

If a dispute arises, we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.

If your dispute is not resolved by Customer Service, before beginning arbitration, please send written notice describing the claim to:

Design Quarters

263 7th Street

Hoboken, NJ 07030

USA

Email contact@designquarters.com

If the claim has not been resolved within 60 days of sending the notice, you may then commence an arbitration proceeding. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and forms are available at www.adr.org or by calling 877-495-4185.

TERMINATION

All of the Terms of Use are material. Upon any breach by you of any such term, your right to access, download and otherwise use this Site, all materials obtained from this Site and all copies thereof shall immediately terminate.

OTHER

If any of the Terms of Use are unlawful, void, or for any reason unenforceable, then that term shall be deemed severable from the other terms and shall not affect the validity and enforceability of any remaining terms. These Terms of Use constitute the entire agreement between us relating to the subject matter herein.