Welcome to our website www.colorflyhome.com (“Website”). These Terms and Conditions govern Your use of all Services and Products, including all materials, data, contents, applications, information, features, functionalities, and purchases provided to You by colorflyhome.com.
By visiting, accessing, or using the Website, or by purchasing or using any of its Services and Products, You accept, and agree to abide by, the content of these Terms and Conditions. If You do not accept and agree to all of these Terms and Conditions, You should not use colorflyhome.com, or purchase any of its Products.
Colorflyhome.com reserves the right to update or change these Terms and Conditions at any time, without notice to You and at its sole discretion. It is Your responsibility to check regularly before ordering. You may review by visiting colorflyhome.com and clicking Terms. This does not affect Your statutory rights, if any.
By using the Website, You affirm that You are 18 years of age or older, and are legally able to accept, abide by, and comply with, these Terms and Conditions.
The terms “You” and “User” refer to the user and/or purchaser of the Products and Services provided by colorflyhome.com through this Website.
The term “Services” refers to colorflyhome.com’s Services offered through and as set forth on the Website. Colorflyhome.com provides You with access to a variety of Services, including, but not limited to, providing information on available products, facilitating orders, processing payments, and shipping purchased items (collectively, the “Services”). The Services, including updates and enhancements, are subject to these Terms and Conditions.
The term “Product” or “Products” refers to textile and home décor products, including, but not limited to, pillows, duvet sets, curtain panels, blankets, quilts, bedding, drapery, towels, shower curtains, outdoor pillows and cushions, outdoor curtains, indoor and outdoor tablecloths, indoor and outdoor napkins and table runners, and tote bags, provided by colorflyhome.com through the Website. The Product or Products include, but are not limited to, all materials, data, contents, applications, information, features, and functionalities, and all resources available to You via the Website. The Product or Products, including updates and enhancements, are subject to these Terms and Conditions.
Use of the Website
This Website, the Services, and Products available for purchase via the Website, are for Your personal and non-commercial use only.
You agree not to circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict the use or the copying of any contents or enforce limitations on use of the Website or the contents therein.
At colorflyhome.com’s sole discretion, colorflyhome.com may suspend and/or interrupt Your use of this Website if You violate the applicable laws or regulations, or if You use this Website in a way that causes, or may cause, now or in the future, at colorflyhome.com’s sole discretion, damages to colorflyhome.com’s operations or to this Website.
At any time without prior notice, colorflyhome.com may update, replace, revise, enhance, add to, convert, adapt or modify this Website, or any part of it, and may do so without liability of any kind for any resulting cost, loss or expense incurred by You. Any updates, replacements, revisions, enhancements, additions, conversions, adaptations, and modifications to the Website shall be subject to these Terms and Conditions.
You are responsible, at your own expense, to maintain the Internet service which is required to access the Website, make purchases, and use the resources.
You will be responsible for providing the dial-up, DSL cable modem or other form of Internet access and any other hardware and software necessary to access and use colorflyhome.com.
License to Use the Website
We grant to You a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use this Website. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THIS WEBSITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
You agree that You will not: (i) use this Website to reproduce copyrighted material; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Website; or (iii) use this Website in any way that violates the terms of this Agreement.
All title and intellectual property rights in and to the licensed content provided on this Website is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
Trademarks and Third Party Trademarks
ColorflyTM is a registered trademark of Belle Maison USA Limited® (“Belle Maison”), as well as all the other related trademarks and certain other Belle Maison trademarks, service marks, graphics, and logos (collectively, the “Belle Maison Trademarks”) used in connection with the sale and distribution of Colorfly products. This Website may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the Belle Maison Trademarks or the trademarks of any third party.
Links to Third Party Websites
Colorflyhome.com only provides hyperlinks to Third Party Websites for the convenience of its users. By providing hyperlinks to Third Party Websites, colorflyhome.com does not recommend that its users access such Third Party Websites.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY COLORFLYHOME.COM, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTIBILITY, OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS COLORFLYHOME.COM LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
Terms of Service
By placing an order via the Website, You are offering to purchase a product on, and subject to, these Terms and Conditions. All orders are subject to availability and confirmation of the order price. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION
Dispatch times may vary according to availability, and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Information notice for further information.
In order to contract with colorflyhome.com, You must be over 18 years of age. If Your order is accepted we will inform You by e-mail and we will confirm the identity of the party with whom You have contracted. This will usually be colorflyhome.com, but may be a third party in some cases. Where a contract is made with a third party, colorflyhome.com is not acting as either agent or principal, and the contract is made between You and that third party and will be subject to the terms of sale with which they supply You. When placing an order, You undertake that all the details that You provided us are true and accurate, that You are an authorized user of the credit card, debit card, or bank account used to place Your order, and that there are sufficient funds to cover the cost of the goods. The cost of international products and services may fluctuate. All prices advertised are subject to such changes.
When You place an order, You will receive an e-mail confirming receipt of Your order. This e-mail will only be an acknowledgement and will not constitute our acceptance of Your order. Colorflyhome.com retains the right to accept or reject this offer before processing the order. A contract between You and colorflyhome.com for the purchase of the goods will not be formed until Your payment has been approved by us, the prices have been verified, and the order has been processed and dispatched. A second e-mail will be sent confirming these arrangements.
Pricing and Availability
Although we try and ensure that all details, descriptions, and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which You have ordered, we will inform You of this as soon as possible and give You the option of reconfirming Your order at the correct price or cancelling it. If we are unable to contact You, we will treat the order as cancelled. If You cancel and You have already paid for the goods, You will receive a full refund. Where applicable, prices do not include sales tax, which will be charged in addition. Delivery costs will be charged in addition to purchase prices.
Our website may contain typographical errors or other errors or inaccuracies and may not be complete or up-to-date. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfill any orders that You may place based on information on the website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Product Specifications and Suitability
Published product details, specifications, and suitability information is the best available at the time. Colorflyhome.com shall not be held responsible for the accuracy of any advice given regarding the suitability (or otherwise) of any product. If You have ordered an item and wish to return it, please see our Returns and Refunds page for details.
The colorflyhome.com products depicted on the Website are representative of the colorflyhome.com collection. The style, designs, and colors of the colorflyhome.com products shown on the Website may be changed without notice.
Colorflyhome.com offers a very helpful and hassle-free Return Policy.
If You wish to return the item(s) You have ordered, please follow the instructions here. Click here to see full details of our Return Policy.
Availability and Delivery
We do our best to ensure availability of all advertised products and endeavor to dispatch all items within the quoted time. If there is a delay, we will inform You of this via e-mail and the product will be dispatched as soon as it is available. If You have ordered multiple items, they may arrive separately.
Colorflyhome.com has no liability to You for any delay in the delivery of products ordered. We will do our best to get all orders sent out as quickly as possible. You have the right to cancel delayed orders at any time. To cancel Your delayed order, Contact Us with Your order number.
Occasionally we find ourselves having to withdraw an item because it has become obsolete or has been discontinued. If You have placed an order for an item that has been made obsolete or has been discontinued, we will inform You as soon as possible and offer You an alternative if one is available.
U.S. orders will be delivered using different couriers. Please note that U.S. delivery destinations do NOT include the U.S. Virgin Islands or Guam. If Your delivery address is outside of the U.S., You may be required to pay import duties and taxes when Your colorflyhome.com order reaches Your country. These and any additional charges for customs clearance are Your responsibility.
Payment over the Internet can be made via PayPal. Card charges will appear on Your statement as “ColorflyHome” or “PayPal payment”
All prices on colorflyhome.com are quoted in U.S. Dollars ($) and sales tax is not included within that quote.
Due to the nature of the clearing system, payment via Your credit card will be taken at the point of processing. If a problem in supply should occur, Your payment method will be refunded as soon as possible. The refund may take a couple of days to show as cleared funds on Your account, depending on the payment provider.
Orders may be cancelled at any time before they are prepared by our team. To cancel Your order, simply visit Your account and follow the steps for a full refund. If the item has already been dispatched then please see our Return Policy.
Please see our Return Policy for guidance on the method and costs of return.
When You sign up for the newsletter service, You are asking colorflyhome.com to send You e-mail when there is some news related to colorflyhome.com.
We welcome Your comments, feedback, and questions on our website regarding our products and our services. You agree that all materials, comments, feedback, reviews, ideas, suggestions, information, and other submissions (collectively the “Submissions”) are neither confidential nor proprietary to You. We regularly monitor this content and we reserve the right to remove, reject, or edit it at any time. When making Submissions to our website as a review, product question, or customer comment, You understand that what You have submitted is not copyright protected and You are permitting its appearance on the Website and/or Colorfly’s social media platform(s).
By making a Submission, You grant colorflyhome.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and/or display such Submission materials without compensation to You or to any other person. You are and shall remain solely responsible for any Submissions You disclose, submit, or offer to colorflyhome.com.
You represent and warrant that any and all Submissions You submit are in compliance with applicable laws, and do not violate any rights of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy, or other personal or proprietary right.
You acknowledge and agree that colorflyhome.com may communicate Your name and personal information to third parties in order to provide the Services and the Products under this Agreement and on this website.
You acknowledge and agree that colorflyhome.com may divulge Your personal information for statistical and/or commercial purposes and may send You commercial information and promotions.
Except as provided in the preceding paragraphs, colorflyhome.com agrees not to divulge, disseminate, or sell Your personal information to third parties, unless required by any applicable laws or regulations.
Limitation of Liability
Colorflyhome.com assumes no liability or responsibility for any personal injury, and/or property or commercial damage and/or any other losses or special, incidental, indirect and/or consequential damages, losses or expenses of any kind and cause, resulting from (i) Your access to the Website and Your use thereof, including any losses or damages arising from the purchase of products and services, (ii) the loss of use, data, or profits and savings, business interruption, or other pecuniary loss, (iii) bugs, Trojan horses, viruses, and the like that may be transmitted with or without any knowledge thereof to the Website, or through the use of the Website by any third party, (iv) any recommendations and/or advice of Customer Service, (v) any conduct by other Users of the Website, and (vi) any acts of God, fires, flood, power failures, strike, national disaster, government restriction, ruling, or other operation of the Website due to breakdown, malfunction or otherwise.
You acknowledge and agree that colorflyhome.com shall not be liable for any defamatory, offensive, discriminatory, and/or illegal conduct, language and/or contents of any of colorflyhome.com’s clients, customers, users, and/or affiliated entities, subsidiaries, officers, directors, employees, shareholders, or agents. You specifically acknowledge and agree that any risk of harm and/or damage from the foregoing is entirely upon You.
You acknowledge and agree that no liability shall arise by reason of any technical inaccuracy or typographical error contained in the Website.
Without prejudice to the preceding limitations or waivers of liability and warranties, the total liability of colorflyhome.com for all damages and/or losses to the User under any and all theories, if any, including but not limited to contract, torts, negligence, breach of warranty, and product liability, shall under no circumstances and in no event exceed the amount paid by the User to colorflyhome.com for the products purchased by the User.
Disclaimer of Warranties
You acknowledge and agree that Your use of the Website shall be at Your sole risk. The Website, its Services and Products, and all contents associated therewith are provided “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” and without warranties of any kind. Colorflyhome.com makes no warranties or representations about the accuracy, completeness, and quality of its Products or Website or its contents. Colorflyhome.com does not guarantee, represent, or warrant that Your use of the Website and its Services will be free from (i) interruptions, interference, hacking, loss, corruption and virus attacks, (ii) errors or faults, and/or (iii) inaccuracies, and hereby disclaims any and all liability on account thereof.
The information on this Website is for general information purposes and colorflyhome.com does not warrant the accuracy, completeness or usefulness of this information. Material on this Website may contain inaccuracies and typographical errors. Colorflyhome.com is not liable or responsible for any inaccuracies or errors. Any reliance You place on the information on this Website is at Your own risk. Colorflyhome.com disclaims all liability and responsibility arising from any reliance placed on this Website by any User, or anyone who may be informed of its contents. This Website and the information and materials contained in it are subject to change at any time, and from time to time, without prior or subsequent notice. It is Your responsibility to verify the validity and accuracy of any information before relying on it.
EXCEPT FOR SUCH EXPRESS WRITTEN WARRANTIES AS MAY BE MADE BY COLORFLYHOME.COM AND TO THE EXTENT ALLOWED BY THE APPLICABLE LAWS, COLORFLYHOME.COM MAKES NO OTHER WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE SERVICES AND PRODUCTS OFFERED BY IT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGMENT OF INTELLECTUAL PROPERTY.
Under no circumstances does colorflyhome.com make, or shall colorflyhome.com be deemed to have made, any warranty or representation, express or implied, with respect to the quality of the Services and Products. Under no circumstances does colorflyhome.com make, or shall colorflyhome.com be deemed to have made, any such warranty or representation, or any other warranty or representation, express or implied, by reason of any statement, description or illustration in any brochure or other literature, data information, material, or the like, whether online or on paper, or by reason of having provided a sample of the Services or Products provided.
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.
By using this Website, You represent, warrant and covenant that You will not: (a) impersonate any person or entity or misrepresent Your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining a list of users or other information, or send chain letters or pyramid schemes via this Website; (c) attempt to gain unauthorized access to other computer systems through this Website; (d) transmit any viruses or any other disabling mechanisms; (e) use this Website for any illegal purpose, in violation of any applicable laws or regulations; (f) engage in any Internet activities that would violate the privacy rights of others; or (g) attempt to penetrate security measures of this Website or obtain or bypass others’ passwords. You agree that You will not use this Website in any manner that could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website.
You shall take all reasonable measures to ensure the security and proper use of the account username, account passwords, and any other personal data and information provided at the time of purchase, creation of the account, or thereafter for the use of the resources. You agree to inform Colorfly’s Customer Service with no delay, in the event he or she knows or has reason to know that a personal data has, or is likely to, become known to someone not authorized to use it, or is likely to be used in an unauthorized way.
You agree that you shall have the sole responsibility for any statements, acts, opinions and the like made by any party in possession of your password, username, personal identification, and any other personal data, whether with or without your consent.
Colorfly reserves the right to interrupt the use of your account in the event that it has reasonable grounds to believe that Your (i) username, (ii) password, or (iii) other personal information and data has, or is likely to, become known to someone not authorized to use it, or is being, or is likely to, be used in an unauthorized way, and/or is no longer correct or accurate. Colorfly reserves the right to all remedies, and to take legal action against such unauthorized use to the fullest extent of the law.
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to conflict of law principles. If any provisions of these terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and shall remain in full force and effect.
We may send notices to You with respect to Your use of colorflyhome.com by sending an email message to the email address listed in Your Account Information, by sending a letter via mail to the contact address listed in Your Account Information, or by a posting a note on colorflyhome.com when You access Your account. You agree that we may provide notice to You through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
The section headings are for convenience only and will not be used to interpret this Agreement.
This Terms and Conditions agreement constitutes the entire understanding and agreement between colorflyhome.com and the User with respect to its subject matter, and it supersedes any and all prior or contemporaneous agreements, representations, or understandings, written or oral, express or implied, concerning the subject matter hereof.
These Terms and Conditions may only be modified or amended in writing.
Any occasional waiver or failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision on any other occasion or of any other provision of these Terms and Conditions. In the event that any provision or any section of these Terms and Conditions is, or becomes invalid, or is declared invalid, illegal, unenforceable or void by a court of competent jurisdiction, these Terms and Conditions shall remain in full force and effect without the invalid, illegal, unenforceable or void provision or section.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY THESE TERMS AND CONDITIONS.
Recent as of: 7/23/15