Introduction
Welcome to Opalhouse® Bedding, Candles, Curtains, Sheets, Towels, Rugs at opalhouseshop.com (the “Site”). These Terms and Conditions are a legal agreement between you and Opalhouse governing your use of the Site.
Please read them carefully before using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not accept these Terms, do not access or use the Site. We may revise these Terms at any time by updating this page. By using the Site following such changes, you accept the revised Terms.
Use of the Site
The Site allows you to view and purchase Opalhouse® home decor, furniture, textiles, and other products. You must be at least 18 years old or have parental consent to use the Site.
The Site and its Contents are intended solely for personal, noncommercial use. You may download or print portions of the Site for your personal, noncommercial use, but you may not modify or delete any copyright, trademark or other proprietary notices on the Site.
Intellectual Property Rights
The Site and all of its Contents are owned by Opalhouse or its licensors and are protected by United States and international copyright, trademark and other laws. We grant you a limited, non-exclusive, revocable license to use the Site for personal, noncommercial use. You may not modify, copy, distribute, transmit, display, publish, license, create derivative works from, transfer or sell any Content obtained from the Site.
User Content
If you submit, upload, post, email or otherwise transmit (“Post”) content to the Site (“User Content”), you grant Opalhouse a perpetual, worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works from, distribute, publicly display or sublicense such User Content in any media now known or later developed.
You represent and warrant that you own or have all necessary rights to the User Content you Post and that such User Content does not violate these Terms or the rights of any third party. You shall not Post any infringing, obscene, threatening, libelous or otherwise unlawful or tortious material, including material that violates third party privacy rights.
Purchases and Payment
You must be at least 18 years old to purchase products on the Site. When you place an order, you must provide complete and accurate payment, shipping and other information. Opalhouse may cancel or refuse orders in its discretion. All purchases are subject to product availability. Prices and availability are subject to change at any time.
You agree to pay the prices displayed plus applicable taxes using the payment method you select. Opalhouse reserves the right to correct pricing errors. If we are unable to process your payment, we will attempt to contact you using the contact information provided during checkout.
Shipping and Delivery
We will arrange for shipment of available products to you. Please check the estimated delivery date and charges before placing your order. Delivery dates are estimates only; your order will arrive within the stated time in most cases, but we cannot guarantee a specific delivery date.
Title and risk of loss pass to you upon delivery to the carrier. You are responsible for examining shipments upon receipt and notifying us within 3 days of delivery if you find any damage or other problems.
Returns and Exchanges
If you are not fully satisfied with your purchase, you may return it to us within 30 days of delivery for a refund. You must obtain a return authorization and return the item in original condition with tags and packaging. We will refund your purchase price once we receive the returned item.
You are responsible for all shipping costs for returns. We do not accept returns for certain custom or personalized items. Restrictions apply; see our full Returns Policy for details.
Disclaimer of Warranties
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL OPALHOUSE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF OPALHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SITE SHALL NOT EXCEED $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold Opalhouse and its officers, directors, employees and agents harmless from any claims, damages or costs, including reasonable attorneys’ fees, related to your use of the Site or violation of these Terms.
Termination
We may suspend or terminate your right to use the Site at any time for any reason, including for violation of these Terms. Upon termination, all licenses granted to you under these Terms immediately expire.
Dispute Resolution
These Terms are governed by the laws of the State of Minnesota without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Site shall be resolved exclusively in the state or federal courts located in Hennepin County, Minnesota.
Additional Terms
We reserve the right to change these Terms at any time. Updated versions will be available on the Site and are effective immediately. Your continued use of the Site constitutes acceptance of any changes.
These Terms constitute the entire agreement between you and Opalhouse relating to their subject matter and supersede any prior agreements. The failure to exercise or enforce any right under these Terms shall not constitute a waiver of that right. If any provision of these Terms is deemed invalid, the remaining provisions will remain in full force and effect.
Contact Us
If you have any questions about these Terms, please contact us at:
Opalhouse® Bedding, Candles, Curtains, Sheets, Towels, Rugs
3558 Willow Greene Drive , Montgomery , Alabama
334-273-4920
[email protected]
