Terms & Conditions
By accessing this website we assume you accept these terms and conditions. Do not continue to use this website if you do not agree to take all of the terms and conditions stated on this page. Our Terms and Conditions were created with the help of the Terms And Conditions Generator and the Terms & Conditions Generator.
Buying from Us
Breathe Décor Design, LLC has not made, and does not make, any warranties, express or implied, directly or indirectly, including, without limitation, warranties of merchantability or fitness for any particular purpose, and/or warranties relating to the design or condition of the merchandise or of the quality of the material or workmanship of the merchandise. THE MERCHANDISE YOU ARE PURCHASING IS SOLD BY BREATHE DÉCOR DESIGN, LLC AND IS PURCHASED BY YOU, "AS IS" AND "WITH ALL FAULTS." NO WARRANTIES ARE INCLUDED OR IMPLIED. ALL SALES FINAL.
The inclusion of any products on this website does not imply or warrant that these products will be available at any time. You can also contact us to see if the product is available for immediate purchase.
Standard Forms of Payment
All online orders must be paid in full at the time of purchase.
ONLINE Transactions: The standard forms of payment for online orders are Visa, MasterCard, American Express credit cards and PayPal.
OFFLINE Transactions: We accept, Cash, Check and Credit Cards.
Pricing and Other Errors
Prices shown for items on this website, in your shopping cart, and in advertisements are for merchandise only. The final cost will be available for your review prior to you completing your order. While we strive for accuracy in the pricing displayed on this website, in advertisements, and the other product information we provide, errors can occur. In cases where such errors do occur, we expressly reserve the right not to honor pricing errors when accepting an order. In the case where an order placed contains a pricing error, you will be contacted and the order will be cancelled. Any payments that have been authorized for that order will immediately be reversed.
All merchandise purchases are subject to sales tax in accordance with the current state and local tax rates for the shipping/delivery destination. Estimated Sales Tax is calculated at the time of purchase and is generally based on the total selling price of each item, which, depending on local and state laws, may include discounts and shipping and processing charges. To the extent any of the factors affecting the calculation of sales tax change between the time you place an order and the time your credit card is charged, the amount appearing on your order as Estimated Tax may differ from the sales taxes ultimately charged.
Refunds and Returns
All of our furniture is sold “As Is”, with No Warranty and No Returns. All Sales Are Final.
Conditions of Commissioned Orders
No spoken or other representation of Breathe Décor Design, LLC or its agents or employees shall be binding on and no conditions or additional terms of this agreement shall be binding on Breathe Décor Design, LLC.
COMMISSION ORDERS REQUIRE A 30% NON-REFUNDABLE DEPOSIT:
A 30% non-refundable down payment is required prior to any commissioned projects. In the event that the project is cancelled or unable to be completed, the customer agrees to forfeit the 30% deposit as materials, time and effort served. Breathe Décor Design will not be responsible for any project completion delays. Final payment is due upon completion of the project.
User Submissions and Publicity Consent, Waiver & Release
You may post, upload, email, or otherwise submit content you have created, including without limitation, photographs, your social media handle, videos, reviews, comments, suggestions, techniques, questions, or other material or information, to the website or a social media accounts (collectively, “User Submissions”). By submitting User Submissions, you consent and grant us, our employees and agents, our third-party service providers, and our retail partners (collectively, the “Licensed Parties”) the perpetual, unrestricted, irrevocable, royalty-free, fully-paid, non-exclusive, world-wide, transferable right to use, reproduce, publish, exhibit, distribute, and/or transmit your User Submissions in any manner and for any purpose to be determined in the Licensed Parties’ sole discretion, including but not limited to on the Licensed Parties’ webpages, social media (such as Facebook, Twitter, Instagram, Pinterest and all other social media platforms) pages operated by the Licensed Parties, and for any commercial purpose including marketing, promotional and advertising initiatives, in any media now or hereafter known. User Submissions are and will be considered non-confidential and non-proprietary. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. Your use of this website or your use of #hashtags constitutes your consent for the Licensed Parties to use the User Submissions as described herein.
You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant to the Licensed Parties the rights granted herein; (iii) you are at least 18 years of age, and (iv) the Licensed Parties’ use of your User Submissions as described herein will not violate the rights of any third party or any law. We are not liable for the content of any such User Submissions, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable. You waive the right to claim any damages whatsoever, including but not limited to punitive, consequential, direct or indirect damages. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf harmless from any and all liability related in any way to the Licensed Parties’ use, commercial or otherwise, of your User Submissions.
If you do not consent to these terms, do not submit any User Submissions.
Copyright Notice, Trademarks, SEO and Use of Website
We retain all rights regarding our trademarks, trade names, brand names, and trade images, and all associated logos or images (“Trademarks”). These Trademarks are our registered and/or common law trademarks and you have not been granted a license to use the Trademarks by your use of the website. The Trademarks, design of this website, and all text, graphics, information, content, processes, and other material displayed on or that can be downloaded from this website are protected by copyright, trademark, patent and other laws and may not be used except as permitted in these Terms and Conditions or with our prior written permission. All rights reserved. You may not modify, reproduce, publicly display, perform, distribute, or otherwise use the Trademarks or the information or materials displayed on or that can be downloaded from this website in any way for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this website or our Trademarks. You may not use our Trademarks or names in metatag keywords, page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines or any other purpose. Any unauthorized use is prohibited. In the event of a violation of these laws and regulations, we reserve the right to seek all remedies available by law and in equity. We reserve the right to block or deny access to this website to anyone at any time for any reason.
Third Party Links
We may establish links from this website to external websites or resources operated by third parties (“Third Party Sites”) for your convenience. Third Party Sites also may provide links to this website. We do not endorse the third party, the Third Party Sites, or any content therein. We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and we have no liability arising out of or related to such sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Unless otherwise stated, Breathe Decor Design, LLC and/or its licensors own the intellectual property rights for all material on Breathe Decor Design, LLC. All intellectual property rights are reserved. You may access this from Breathe Decor Design, LLC for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from Breathe Decor Design, LLC
Sell, rent or sub-license material from Breathe Decor Design, LLC
Reproduce, duplicate or copy material from Breathe Decor Design, LLC
Redistribute content from Breathe Decor Design, LLC
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Breathe Decor Design, LLC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Breathe Decor Design, LLC, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Breathe Decor Design, LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Breathe Decor Design, LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Breathe Decor Design, LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
You shall not: (a) attempt to modify or “hack” this website; (b) access any area on this website which you are not explicitly authorized to access; (c) interfere with, restrict or inhibit any other user from the use and enjoyment of this website; (d) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) collect or harvest personal information about other users of this website; (f) access this website through the use of an automated mechanism and extract data; or (g) jeopardize our reputation or the operation of computer systems owned by us. If you are accessing and using this website on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein and you agree to accept liability for harm caused by that person’s wrongful use of this website.
There may be information on our Website, or e-mail newsletter, which includes typographical errors, inaccuracies, or omissions that may relate to product information, pricing, and availability. Breathe Décor Design reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after orders have been submitted). Use of this Site is subject to express Terms and Conditions. By using this Site, you signify that you agree to be bound by Our Terms and Conditions. All marks, images, logos, text are the property of their respective owners.
Use this website at your own risk. Except as explicitly provided herein, the information, materials and services provided on or through this website are provided “AS IS” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, title, or non-infringement of intellectual property. We disclaim all warranties of any kind, either express or implied, including any implied warranties with respect to the products and services listed or purchased on or through this website. Without limiting the foregoing, we disclaim all liability for claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, or misappropriation.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Limitations of Liability
We do not assume any responsibility or liability for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this website. We shall not be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information or services contained on any or all such websites, and whether or not advised of the possibility of such damages. In the event of any problem with this website or any content, you agree to cease using this website immediately. In the event that you are dissatisfied with the products or services that you have purchased on or through this website, you acknowledge that we have made no representations and issued no warranties with respect to such products or services.
Collection Costs (Including Attorney Fees)
In the event there is an unpaid balance due Breathe Décor Design, LLC or any of its affiliates or you otherwise breach your agreement with Breathe Décor Design, LLC or any of its affiliates, you agree to reimburse Breathe Décor Design, LLC for its costs of collection, including attorney’s fees, of all amounts owed or Breathe Décor Design, LLC’s actual attorney’s fees and costs.
Any controversy, claim or dispute relating in any way to this purchase, directly or indirectly, shall be brought in state court in the jurisdiction in which you made the purchase, and you agree to the exclusive jurisdiction of the state courts of the jurisdiction in which you made the purchase. Your agreement with Breathe Décor Design, LLC concerning or relating to this purchase shall be governed by, and construed in accordance with, the laws of the state in which you made the purchase, without regard to principles of conflicts of law thereof. You agree that any claim for loss or damage that you bring against Breathe Décor Design, LLC in connection with this purchase must be instituted in state court in the jurisdiction in which you made the purchase within one (1) year of the date you incurred the alleged loss or damage, regardless of whether you were then aware of the alleged loss or damage. If you bring an action against Breathe Décor Design, LLC for any controversy, claim or dispute relating in any way to this purchase, directly or indirectly, and Breathe Décor Design, LLC prevails at any pre-trial dispositive motion, at trial, or at any subsequent appeal and/or retrial, you agree to reimburse Breathe Décor Design, LLC for the reasonable attorney’s fees and costs Breathe Décor Design incurs in defending itself in the action.
Limitation of Remedies
Notwithstanding any other provision in this agreement, you waive any right to recover from Breathe Décor Design, LLC or any of its affiliates, whether in contract, tort, equity, or otherwise, any indirect, incidental, consequential, special, punitive, or exemplary damages, including, without limitation, damages for loss of use, loss of time, and/or loss of profits or income (even if such damages are foreseeable, and whether or not you have been advised of the possibility of such damages), arising from or relating to this agreement or to the selection, quality, condition, merchantability, suitability, fitness, operation, or performance of the goods you are purchasing. You expressly waive any right to collect damages in excess of the sales ticket and/or the cost to repair property damage (but only if reported prior to Breathe Décor Design, LLC before the delivery truck leaves your premises). ALL REMEDIES ARE EXCLUDED.
Revisions to these Terms and Conditions
We may update or revise these Terms and Conditions at any time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this website. Your continued use of this website after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
These Terms and Conditions serve as the entire understanding and agreement between you and us regarding the subject matter of these Terms and Conditions. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to replace the invalid or unenforceable provision with a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading allowable under the law consistent with the intention of the invalid or unenforceable provision.