Last Updated: October 1, 2024
These Terms of Use apply to wond3rfurniture.com (collectively, the “Website”). This Website is operated by WOND3R LLC (“WOND3R,” “we,” or “us”).
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND WOND3R AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Your access and use of this Website, among other things, are governed by these Terms of Use. All references to “using” or “use” of the Website in these terms include accessing, visiting, or interacting with the Website in any way. By using the Website, you are agreeing to follow these rules and to be bound by them. If you do not agree with any of these Terms of Use, do not use the Website.
You may not use or enroll in or purchase any products, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with WOND3R. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind.
Privacy
Please review our Privacy Policy, which also governs your use of the Website, to understand our privacy-related practices.
Copyright Notice
All of the content you see on the Website, including, without limitation, page headers, images, illustrations, graphics, audio clips, video clips, and text (the “Content”) is the exclusive property of WOND3R or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by WOND3R, its affiliates or third parties who have licensed or assigned their rights, interests and/or materials to WOND3R. The Website is copyright protected as a collective work under U.S. and other applicable copyright laws, and WOND3R owns a copyright in the selection, coordination, arrangement and enhancement of the Website and Content. The Content and the Website are intended solely for the personal and non-commercial use of the users of our Website. You may download, print and store copies of the Website, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to WOND3R. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. WOND3R reserves complete title and full intellectual property rights in any Content you download from this Website. WOND3R reserves all other rights not expressly granted above, and any other use requires WOND3R’s express written permission.
Notice of Copyright Infringement
We respect the intellectual property rights of others. Please notify us in writing by mail or email to our designated agent listed below if you believe that a user of our Website has infringed your copyright. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), to be effective the notification should include:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the claimed infringing material and information reasonably sufficient to permit WOND3R to locate the material on our websites and apps;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- Your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our websites and apps without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail or email to our designated agent below. That written communication should include the following:
- 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 you have 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;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the Northern District of Illinois, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person; and
- Your physical or electronic signature.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.
Repeat Infringers
Your account may be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
Interactive Services (Chatbot, Managed Chat, Live Showroom, Etc.) Consent and Disclaimers
This Website may provide interactive services, including chatbot, managed chat, and Live Showroom functionality with an option to chat. You agree that we may transcribe or record and retain a transcript of all communications with you via these interactive tools, and/or may record or recreate your activity while using the Website, in order to provide services, enhance your Website experience, and for quality and verification purposes. We may work with trusted service providers to analyze, store, and/or use this data on our behalf. Your use or access of any of these tools or of our Website is governed by this section, these Terms of Use, and our Privacy Policy.
Product Descriptions
We have done our best to display as accurately as possible the colors, measurements, dimensions, and descriptions of the products shown on the Website. These are approximations to assist you in reviewing products, may not be exact, and are subject to change. For example, the colors you see might depend on your monitor, and we cannot guarantee that your monitor’s display of any color will be accurate.
Pricing
The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into U.S. territories, and you will be advised of such charges before we finalize and ship your order. While we do our best to assure that the taxes quoted for a particular order are accurate for the location where the order is being shipped, if an inaccurate quote is provided, we will notify you before finalizing and shipping your order.
You will be responsible for all applicable taxes, regardless of the amount quoted on the Website at the time of your order. Product availability and prices are subject to change.
WOND3R reserves the right to correct any errors, inaccuracies or omissions and to change or update product pricing, availability or other information at any time without prior notice (including after you have submitted your order). For more information about how our products are priced, including sales and clearance items, please contact Customer Service. If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away, and we will work with you to cancel or return your order.
Disclaimer
THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT WOND3R AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, “AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WOND3R AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WOND3R AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WOND3R OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold WOND3R and its Affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, including, without limitation, your use of the Website in violation of these Terms of Use.
Marketing Text Messaging
WOND3R offers our customers mobile marketing messages. By participating in the WOND3R marketing text messaging service, you are agreeing to these terms and conditions and to the WOND3R online Terms of Use and Privacy Policy.
Customer Service Text Messaging
WOND3R offers our customers mobile alerts about in-store pick up of online orders by SMS message, including text messages that may be sent using an automatic telephone dialing system (the “Service”). By participating in the Service, you are agreeing to terms and conditions in this section and to the broader WOND3R online Terms of Use and Privacy Policy.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions related to the Service (the “Mobile Service Terms”). Please only provide your own mobile phone number. You may not enroll if you are under 18 years old. Before the Service will start, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Service and your agreement to these Mobile Service Terms. Note that in affirming this message, you acknowledge that notices about your order will be sent to the number you provide and whoever has access to that mobile phone or the carrier account may be able to see this information.
Messages You May Receive
Once you affirm your choice to opt in to the Service, you will receive alerts for your online delivery and in-store pick up orders. For example, you may receive a notification for the following reasons: an item has shipped, is available to schedule in-home delivery or in-store or warehouse pickup, or has been delivered; an in-home delivery or warehouse pickup date has been scheduled; or a reminder to pick up the order. You will also receive email alerts to the email address you provide at the time of your order regarding order confirmation and status.
Message and Data Rates May Apply
You acknowledge that you are responsible for any message, data or other charges incurred from your wireless carrier (e.g., usage, subscription, etc.) as a result of using the Service. The Service may not be available on all wireless carriers. WOND3R may add or remove any wireless carrier from the Service at any time without notice. Customers may opt out of the Service at any time (see details below). WOND3R is not responsible for any undue delays or errors in messages. We do our best to be accurate and to process the orders on time.
Links to Third Party Websites
Occasionally, we may make available a link or link equivalent (e.g., using an Instagram “Embed Code”) to a third party’s website. Clicking these links may result in leaving this Website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. We do not endorse any third party linked website or its use or contents.
These Terms of Use May Change
WOND3R reserves the right to make changes, update or modify these Terms of Use, our Website, other policies, including our Privacy Policy at any time without prior notice. All changes are effective immediately, and if you continue to use this Website, you will be accepting the revised Terms of Use. For this reason, we encourage you to review these Terms of Use each time you use this Website.