TERMS AND CONDITIONS
Orders can be placed 24 hours a day via our website www.arteriorshome.com, faxing to 972-692-8343 or emailing firstname.lastname@example.org. For questions or other inquiries, please contact customer service, toll free at 877.488.8866 or e-mail email@example.com. Orders written as HFC (Hold For Confirmation) at markets or with a rep will remain valid for 90 days unless a future ship date is specified. HFCs are entered as quotes and will be cancelled without notification in 90 days.
All pricing is determined by qualification of customer, wholesale/stocking retailer, designer net/non-stocking designer, and list/retail. Orders are FOB Dallas, Texas and are subject to change without notice.
There are no required minimums when purchasing at Designer Net pricing. A valid resale tax certificate and business card along with the credit card authorization sheet is required to purchase from Arteriors. The credit card authorization form is available on our website at www.arteriorshome.com or upon request from Customer Care.
Retailers with a store front location in a commercial delivery area can qualify for wholesale pricing plus freight by meeting our minimum opening order. A valid resale certificate, company letterhead, business card, and sales rep verification of store front along with the credit application and credit card authorization form is required to purchase at wholesale pricing from Arteriors. The credit application and credit card authorization form is available on our website at www.arteriorshome.com or upon request from Customer Care. The minimum opening order for wholesale accounts is $1000.00 with a $350.00 reorder minimum ($50 fee added to below minimum orders).
All first orders require payment via credit card with consideration for terms extended with the submission of five credit references on the credit application. You will be notified via email of your account code, username and password upon processing. No opening orders will be accepted below the minimum.
ORDER PROCESSING & SHIPPING TERMS
All first orders must be paid via credit card and submitted with the credit card authorization form. Orders must have the account name, billing address and ship to address clearly shown. Credit cards are charged at the time of shipment. We accept Visa, MasterCard and American Express. No COD shipments are accepted. Arteriors Home ships FOB Shipping Point with freight added to the invoice. Unless advised by the purchaser, Arteriors will determine the appropriate shipping mode and carrier. Product shipping is based on availability, with in-stock goods shipping in five to ten working days. To facilitate the customer’s determination of freight costs, the schedule below of freight percentages will be used.
Shipments which require shipping within three business days of order receipt are subject to an “expedite fee” in addition to applicable freight charges based on order value. Order values from $100.00 to $1500.00 designer net will be charged a $50.00 expedite fee. Order values $1500.00 - $3000.00 designer net pricing will be charged 10% expedite fee. Orders over $3001.00 designer net pricing will be charged 15% to expedite. This fee will guarantee the order will be ready FOB Dallas within three business days of Arteriors acknowledgement of the order. Failure to meet this shipping window will result in freight charges being paid by Arteriors.
For questions about the status of an order, availability, sizes and/or finishes, please call 877.488.8866 from 8:00AM to 6:00PM CST to speak to your customer care representative.
For any orders not shipped directly to the “sold to” customer’s place of business, warehouse or commercial job site/receiver, a $25.00 drop ship charge will be applied to the invoice in addition to the applicable freight charges for each “ship to” address. This does not preclude applicable accessorial charges added by the freight carrier to include call before delivery, lift-gate and residential delivery charges which can be applied based on carrier requirements.
DAMAGES & SHORTAGES
Arteriors inspects and carefully packs each order before shipping with every effort made to ensure it arrives in the best possible condition. All shipments should be inspected immediately on arrival with all exceptions noted on the delivery receipt at time of delivery by the carrier. All claims for damage and or shortage must be made within 72 hours of receipt of the merchandise. Digital photographs of damaged goods and boxes will be required for replacement of damaged goods. Save all damaged cartons until any claim with the carrier is settled.
Any return must be authorized in writing in advance by Arteriors. Unauthorized returns will not be accepted. A 25% restocking fee will be accessed on all returns without prior authorization or for goods not deemed defective. It is the purchaser’s responsibility to properly package authorized returns to prevent damage. Authorized returns arriving damaged due to poor packing will not be credited to the return customers account. All authorized returns should be sent to: Arteriors, 1745 Hayden Drive, Suite 100 Carrollton, TX 75006.
Every effort is made to ship orders quickly and as completely as possible, but, on occasion, items will be backordered based on availability. As such items become in stock, we will ship without notice.
Arteriors warrants its products for one year from date of sale against defects in materials and workmanship.
All products in the Arteriors collections are handcrafted by artisans and craftsmen all over the world. Small irregularities in shapes, surfaces, and finishes are hallmarks of such craftsmanship and should not be considered defects. The actual items may vary in color from the photographs within our catalogs and sales cards. Specifications of individual items are subject to change and may differ slightly from those shown or stated.
CERTIFICATIONS: UL,CUL,NOM/ANCE & CE
All electrical products in the Arteriors collections are designed and engineered to meet the safety standards of the Underwriter’s Laboratory and bear the UL/CUL label for the United States and Canada. Copies of this certification are available upon request. All electrical products in the Arteriors collections are designed and engineered to meet the safety standards of the NOM/ANCE requirements for product sales within the country of Mexico and can be labeled upon request as such. Copies of this certification are available upon request. Many portable lighting products in the Arteriors collections can be manufactured to meet International standards for CE markings. Please contact the Customer Care Manager at 877.488.8866x155 for further information, cost determination and minimum order quantities.
MAPP and IMAPP
POLICYMAPP, manufacturer’s agreed pricing policy, and IMAPP, internet manufacturer’s agreed pricing policy for all customers has been adopted and is applicable as of January 1, 2012 with respect to suggested pricing through advertising and/or promotion of product(s) from Arteriors.
MAPP & IMAPP is computed by taking Arteriors list/retail price x .80.
$100.00 = list price per Arteriors price list;
$80.00 = MAPP & IMAPP pricing
Each customer has the ability to set pricing within their basis of business. However, a customer may not advertise or promote Arteriors Home products in print or over the internet at a NET price (price paid net of promotion or advertised specials) that is less than the MAPP or IMAPP policy set forth above. This policy also includes selling to another party who advertises or otherwise promotes Arteriors products over the internet. Violation of this policy will result in Arteriors requesting the customer to cease and desist in said advertising or promotion. Additionally, Arteriors will discontinue accepting orders and/or shipping orders for said customer. If, at any time, the Arteriors IMAPP policy is broken, all orders in place to be shipped will be held for 30 days. Interpretation and application of this policy and all matters related to enforcement of this policy
Last Revised: 1/1/2013
While we make reasonable efforts to provide accurate and timely information about ARTERIORS HOME on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about ARTERIORS HOME.
Eligibility, Registration and Account
The materials and information on the Sites may include technical inaccuracies or typographical errors. The materials, information and services on the Sites are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, ARTERIORS HOME disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Sites and the information, content and materials contained therein.
Copyright and Limited License
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the ARTERIORS HOME logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of ARTERIORS HOME or its licensors or users and are protected by U.S. and international copyright laws.
Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
1745 Hayden Drive, Suite 100
Carrollton, TX 75006
Please see 17 U.S.C. §512©(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, ARTERIORS HOME has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. ARTERIORS HOME may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
All rights not expressly granted are reserved.
Restrictions on Use
The Sites may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites ("User Content"). By using the Sites, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
- Unless specifically requested by ARTERIORS HOME, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;
- User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
- Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
- User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
- Viruses, spyware, Trojan horses, easter eggs or any other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of ARTERIORS HOME, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of ARTERIORS HOME, other users or third parties.
ARTERIORS HOME does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is ARTERIORS HOME liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.
If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.
License to User Content
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to ARTERIORS HOME that you grant herein. ARTERIORS HOME claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant ARTERIORS HOME and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content. By posting User Content, you hereby release ARTERIORS HOME and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for noncommercial purposes, provided such links do not portray ARTERIORS HOME in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use ARTERIORS HOME' logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any ARTERIORS HOME trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ARTERIORS HOME or any third party.
ARTERIORS HOME makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Sites. Such sites are not under the control of ARTERIORS HOME and ARTERIORS HOME is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. ARTERIORS HOME and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by ARTERIORS HOME of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.
Third Party Content
ARTERIORS HOME may provide third party content on the Sites and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that ARTERIORS HOME is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.
Advertisements and Promotions; Third-Party Products and Services
ARTERIORS HOME may display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. ARTERIORS HOME is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-ARTERIORS HOME advertisers or third party information on the Sites.
Limitation on Liability
To the maximum extent permitted by applicable law, ARTERIORS HOME and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Sites, the content or the materials contained in or accessed through the Sites, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from ARTERIORS HOME, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to ARTERIORS HOME' records, programs or services. In no event shall the aggregate liability of ARTERIORS HOME, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Sites exceed any compensation you pay, if any, to ARTERIORS HOME for access to or use of the Sites. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
Modifications to the Sites
ARTERIORS HOME reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that ARTERIORS HOME will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Jurisdiction and Compliance with Laws
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Sites.
You may contact us at:
1745 Hayden Drive, Suite 100
Carrollton, TX 75006