ONLINE CONSUMER TERMS AND CONDITIONS OF SALE

Facebookhomeworking.com

1.       THESE TERMS

These are the terms and conditions of sale (the “Terms”) on which Senator International, Inc., an Ohio corporation d/b/a Allermuir (“we”, “us”, “our”) supplies the products (“Products”) appearing on www.facebookhomeworking.com (the “Site”) to you.  Your use of the Site is governed by our Site Terms of Use Policy, which can be found at www.allermuirhome.com/privacy-cookie-policies/

Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end the Contract (as defined herein), what to do if there is a problem, and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

2.       NOTICES AND SERVICE AVAILABILITY

You can contact us by telephoning our customer service team at 419-887-5806 or by writing to us at contact@allermuir-na.com.

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

When we use the words “writing” or “written” in these terms, this includes emails.

Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

3.       HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

Your order to us is your offer to purchase the Products you have ordered, on and subject to these Terms, and subject to our acceptance of your order. You are entitled to withdraw your order at any time up to the moment that we accept it.

All orders are subject to availability and to acceptance by us, and we will confirm our acceptance to you by sending you an e-mail that confirms that we have accepted your order and are processing it.  The Contract only applies to those Products we have confirmed and noted within the ‘Order Acceptance Confirmation’ email. Upon acceptance by us, a contract (“Contract”) is formed.

4.     PRODUCT SPECIFICATIONS

Online Imagery

The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the Products. The Products may vary slightly from those images due to manufacturing tolerances. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Site may be subject to certain percentage tolerance depending on the type of Product.

Product Specification

Prior to ordering, please check the dimensions of the Products you are proposing to order to ensure they will fit into your chosen location. This information can be found on each product page.

The details, fabrics and designs of our Products are constantly changing and evolving. We reserve the right to change the specification of our Products without prior notice in relation to future sales. You should check the Site for details.

We will endeavor to match the color and texture of the fabric of your Product to the samples chosen as accurately as possible, but variations in both the color and texture may occur. The measurements of all Products provided are as accurate as possible, but some slight variances may apply.

5.     RIGHTS TO MAKE CHANGES

We may change the Product to:

–        reflect changes in relevant laws and regulatory requirements; and

–        implement minor technical adjustments and improvements, which changes will not affect your use of the Product in a materially adverse way.

In addition, as we informed you in the description of the Product on the Site, we may have to make more significant changes to these Terms or the specification of the Product, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.

6.     CANCELLATION AND RETURNS

Cancellation Rights

Once an order is placed, it cannot be cancelled.

Inspection; Defective or Non-Conforming Products:

Once an order has been delivered, you will have 72 hours to inspect the Products and notify us if any of the Products are defective or do not conform to what you ordered. If the Products are delivered in multiple shipments, you will have 72 hours after the last shipment is received by you to inspect the Products. Defective or non-conforming Products will be replaced or credited in full at our sole discretion.

Defective or non-conforming Products can be returned by contacting customer service by calling us at 419-887-5806 or writing to us at contact@allermuir-na.com.  You do not have a right to change your mind with respect to any Products purchased.

Returning the Products

The Products must be returned to us in the same condition in which they are received. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we have a right to retain a reasonable percentage of the purchase price as compensation for any damage to the Products and for our additional costs incurred.

Making the Refund

Defective or non-conforming Products will be replaced or credited in full at our sole discretion.

We will pay the costs of return if:

              the Products are defective, faulty or misdescribed; or

(a)        you are ending the Contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances, you must pay the costs of return.  If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.

We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

We will make any refunds due to you as soon as possible. 

7.              AVAILABILITY AND DELIVERY

We use FedEx, a third-party carrier service, to deliver the Products to you.

Delivery of the Products will be made as soon as reasonably possible and in any event within 30 days of acceptance of your order. We may make partial delivery of your order in our sole discretion.

If you request that a delivery be re-directed for any reason, all additional handling/ delivery costs will be at your expense.

We will endeavor to fulfil your order within the estimated time periods stated above unless there are exceptional circumstances. Occasionally a delivery date may be postponed. This may occur for various reasons, for example, material shortages or higher than anticipated demand for a Product. We will keep you informed if a postponement is necessary and discuss revised timescales with you. We are not liable to you for any losses or damages you may incur resulting from any such delay or cancellation of delivery. 

Deliveries will be doorstep delivery only.

8.              RISK AND TITLE

All Products shall be shipped to you F.O.B. shipping point (i.e., our place of business at 4111 N. Jerome Road, Maumee, Ohio 43537). Title to the Products contained in the shipment pass to you upon our delivery to the third-party carrier. Our liability for delivery ceases upon making delivery of the Products to the third-party carrier (i.e., FedEx), acting as our agent, at the shipping point. 

9.              PRICE

The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error.

Pricing Errors

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Acceptance Confirmation.

If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the Contract, refund you any sums you have paid and require the return of any Products provided to you.

Payment

Payment for all Products must be by credit or debit card, or such other payment method as is made available to you via the Site.

We accept payment by all major credit and debit cards. We take full payment for the whole price and all other charges when you place your order and we are not obliged to process your order, produce or dispatch any Products or provide any services until payment in full has been received by us.

10.           OUR MANUFACTURER’S WARRANTY

Warranty

We provide a warranty to you that any Product purchased from us through the Site will, on delivery, and for the following 1 year, conform in all material respects with its description, be of satisfactory quality and be reasonably fit for all the purposes for which Products of that kind are commonly supplied.

In the event of a claim under this warranty being made against your Product, the following will apply:

• up to 30 days: if the Products are faulty, you are entitled to a full refund; or
• up to 12 months: if the Products can’t be repaired or replaced, you are entitled to a full refund;

In all cases, we are within our rights to request images and/or to inspect the Product to verify the fault.

If you wish to exercise your legal rights to reject the Products, you must post them back to us or, if they are not suitable for posting, allow us to collect them from you. We will pay the costs of postage or collection. Please call customer service at 419-887-5806 or email us at contact@allermuir-na.com for a return label or to arrange collection.

Exclusions

The warranty may not be transferred and does not cover:

–        fair wear and tear;

–        neglect, abuse or misuse of your Product;

–        loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects;

–        theft, or accidental damage or loss caused by a third party;

–        any specification provided by you;

–        if you fail to assemble, operate or use the Products in accordance with the user instructions provided with the Products; or

–        any alteration or repair to the Products undertaken by you or by a third party who is not authorized by us.

We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered Products, over and above the value of the Products themselves. This does not affect your statutory rights.

The warranty is limited to Products sold and retained in the United States and used solely for consumer purposes.

11.           OUR RIGHTS TO END THE CONTRACT

We may end the contract for a Product at any time by writing to you if:

(b)               you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; and

(c)               you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us.

If we end the Contract in the situations set out in this clause above we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

We may write to you to let you know that we are going to stop providing the Product. We will let you know as soon as reasonably practicable in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.

12.           OUR LIABILITY

Our liability for losses you suffer as a result of us breaking this Contract is strictly limited to the purchase price of the Product you purchased and those losses which are foreseeable (being those which are obvious that they will arise or if discussed between you and us).

This does not include or limit in any way our liability:

–        for death or personal injury caused by our negligence;

–        for fraud or fraudulent misrepresentation; or

–        for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

As you have indicated that you are a consumer we are only supplying the Products to you for personal consumer use. If you use the Products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.           TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assignors. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14.           HOW WE USE YOUR PERSONAL INFORMATION

We will use the personal information you provide to us:

                  to supply the Products to you;

(d)            to process your payment for the Products; and

(e)            if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.

We may pass information on to suppliers and third parties for the purpose of delivery and fulfilling the order. We will only give your personal information to other third parties where the law either requires or allows us to do so or in accordance with our Privacy Policy available via

15.           EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control including but not limited to any strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or pandemic, natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks and the acts, decrees, legislation, guidance regulations or restrictions of any government (each a “Force Majeure Event”).

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16.           WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

17.           SEVERABILITY

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18.           ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is set out in these terms and conditions or the documents referred to in them.

Each of us agrees that our only liability in respect of those representation and warranties that are set out in this Contract (whether made innocently or negligently) will be for breach of contract. Nothing in this paragraph limits or excludes any liability for fraud.

19.           OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms).

20.           THIRD PARTY RIGHTS

This Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.

21.           LAW AND JURISDICTION

These Terms shall be governed, construed, and enforced in accordance with the laws of the State of Ohio, without giving effect to any conflict of laws principles.  The choice of law rules and provisions mandated by the Convention for the International Sale of Goods are hereby disclaimed and made not effective to the Terms.

The parties irrevocably submit and agree to the exclusive jurisdiction of the state courts located within Lucas County, State of Ohio, for the resolution of any disputes, claims, disagreements, or issues of interpretation arising under or in connection with these Terms and the sale of the Products, and irrevocably agree that all such disputes, claims, disagreements, and issues shall be litigated in such courts and waive any objection which they may have based on improper venue or forum non conveniens to the conduct of any proceeding in any such courts.