The Terms constitute a binding agreement between you and Fifty Two Rooms LLC and its affiliates (“Fifty Two Rooms,” “we,” or “us”) with respect to your use of this Site and Services. If you do not agree to these Terms, please do not use or access the Site or Services. Additional terms may apply in the case of certain specific Services we offer. Any such additional policies, terms, and conditions are incorporated into these Terms and will serve an amendment hereto. We reserve the right to cancel and/or terminate any user’s account for any violation of these Terms.
You must be at least 18 years of age to use our Services. If you are not 18 or older, you may not use the Services. Unless you opt-out promptly, any disputes arising under these Terms must be resolved by binding arbitration.
Many of our Services rely on you accurately reporting dimension information to us. As further described in these Terms, items you purchase through the Services may only be returned in limited circumstances. You are solely responsible for checking swatches, materials, and measurements prior to placing an order, ensuring that the measurements, color choices, and other information you provide to us are accurate.
You may choose from among one or more of the following Services, which are offered in whole or in part through our Site:
Custom Room Layout. You can use our Site to help us create a floor plan for your space using the products you have selected in our sample room(s). To do so, you may upload or provide measurements, the location of certain features of the room you want to maintain or use, and other information about your preferences and constraints (collectively, the “Room Data”). We will create a room layout with the Room Data you provide. You acknowledge that our Services depend upon the accuracy and reliability of the Room Data, agree to upload only accurate Room Data, and agree to update the Room Data promptly if/when it changes.
Design Consultations. Our Services may include, upon your request and with prepayment of a consulting fee in connection with a room package, personalized design consultations and related offerings. For example, help selecting and estimating a length of fabric for re-upholstery or the right amount of wallpaper, design advice from one of our expert design specialists, procurement (see below), suggestions on coordinated furnishing, and more. All such Services and recommendations in connection with the Services are based on your Room Data and/or information about your furniture; they are estimates only, and you agree we are not responsible for the accuracy of any such estimate.
Procurement. When you request that we facilitate the purchase of one or more items in connection with your interior design needs (“Procurement”), any such request indicates your agreement to pay for the item(s) at the quoted amount and, additionally, that you agree to our terms relating to returns. Many of the items available through Procurement must be custom manufactured or require skilled labor to complete. You acknowledge and agree that we are not obligated to fill orders immediately or in any particular time. We may give you an estimated time for delivery, but you agree this is only an estimate and is not binding. You are not entitled to recover any damages or costs for delayed delivery under these terms.
For all of your purchases, you acknowledge and agree that we may process your payment using one or more third party payment processing, invoicing, and shipping companies. You agree we have no liability for the action or inaction of such companies.
You agree we may contact you with updates about your order, with our regular newsletter, and in connection with Your Content (defined below). You may opt out of our newsletter using the unsubscribe link in its footer anytime.
RETURNS, RISK OF LOSS AND DAMAGE
You agree to provide us with accurate measurements and other Room Data at all times. Once you select any items for Procurement and complete your order, your purchase is final. We work with varied third-party vendors to help us obtain the perfect look for your space and style as you describe it to us, using the measurements and details you provide, and therefore we cannot accept responsibility for any inaccurate Room Data or change in selection after an order is placed.
When you place your order and submit payment information through our third party payment processing platform, you agree that your purchase is final. We will accept returns of certain eligible merchandise if you notify us of your return request within twenty-four (24) hours of your receipt of the eligible merchandise and initiate shipment of the eligible merchandise back to us within 30 days of the order shipment date. You are responsible for all return shipping costs. In order to be eligible for return, you must return the merchandise in original packaging via the same shipping method you received it, together with proof of purchase, in the condition in which you received it (please do not assemble or modify the product in any way). Additionally, you will be charged a restocking fee in the amount of 30% of the original purchase price of the item you return (“Restocking Fee”). The following merchandise is NOT eligible for return:
Eligible returns will receive a refund of amounts paid for the eligible merchandise, less the Restocking Fee, in the form of store credit.
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
You are not eligible to obtain refunds on any hourly or services fees at any time. Fees for such services will be due in advance.
Feedback. We always appreciate your feedback or other suggestions about our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
IMPERMISSIBLE USE OF THE SITE AND SERVICE
You agree not to use the Site and/or Services to:
DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE SITE AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND FIFTY TWO ROOMS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER FIFTY TWO ROOMS NOR ANY PERSON ASSOCIATED WITH FIFTY TWO ROOMS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES AND SERVICES, NOR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH FIFTY TWO ROOMS REPRESENTS OR WARRANTS THAT THE SITES, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES AND SERVICES OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIMITATION OF LIABILITY
IN NO EVENT WILL FIFTY TWO ROOMS, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES AND/OR SERVICES, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITES, SERVICES AND/OR THEIR CONTENT IS AT YOUR SOLE RISK.
You agree to defend, indemnify and hold harmless Fifty Two Rooms and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Sites, or Services.
The trademarks and service marks displayed on the Sites and Services are the registered and unregistered trademarks, service marks and trade dress of Fifty Two Rooms and its licensors. Fifty Two Rooms’ trademarks, service marks and trade dress may not be used in connection with any product or service that is not Fifty Two Rooms, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fifty Two Rooms. All other trademarks not owned by Fifty Two Rooms that appear on the Site or in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fifty Two Rooms.
Except for Your Content, all content included on or made available through any Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Fifty Two Rooms or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Services is the exclusive property of Fifty Two Rooms and protected by U.S. and international copyright laws.
The Services may contain links to third-party websites. These links are provided for your convenience only. Fifty Two Rooms has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Site, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND FIFTY TWO ROOMS MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
Agreement to Arbitrate
You and Fifty Two Rooms agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Terms, your use of Site or Services, or to any products sold or distributed by Fifty Two Rooms or through our Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. You or Fifty Two Rooms may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Fifty Two Rooms subject to the arbitrator’s discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Fifty Two Rooms users, but is bound by rulings in prior arbitrations involving the same Fifty Two Rooms user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
You and Fifty Two Rooms agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Fifty Two Rooms agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Fifty Two Rooms users.
If for any reason a claim proceeds in court rather than in arbitration both you and Fifty Two Rooms each waive any right to a jury trial. You and Fifty Two Rooms also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
GOVERNING LAW AND JURISDICTION
Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any Services, or any products sold or distributed by Fifty Two Rooms or through the Services, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
Unless you and Fifty Two Rooms agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Services, or any products sold or distributed by Fifty Two Rooms or through Fifty Two Rooms Services shall be instituted exclusively in the federal or state courts located in New York, New York. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
WAIVER AND SEVERABILITY
No waiver of these Terms by Fifty Two Rooms shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Fifty Two Rooms to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
UNITED STATES ONLY
Unless otherwise specified, the Services are presented solely for the purpose of promoting products and services available in the United States. Fifty Two Rooms makes no representation that the Fifty Two Rooms Services are appropriate or available for use in other locations. If you access Fifty Two Rooms Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
Fifty Two Rooms reserves the right to make changes to these Terms, including the terms that apply to purchases or returns, at any time. If Fifty Two Rooms makes a material modification to these Terms, we will attempt to notify you by displaying an announcement within the Services or by sending you an email, and that will be deemed sufficient notification of such changes.
If you have questions or comments about these Terms or the Services, please write, phone or email us via the contact information below:
Fifty Two Rooms
337 East 81st St.
New York, NY 10028
Last updated: October 25, 2017
©2017 Fifty Two Rooms. All Rights Reserved.