RUGS.COM TERMS AND CONDITIONS OF SALE
Last Updated: July 12, 2023
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS OF SALE REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
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Applicability of Terms and Conditions
These Terms and Conditions of Sale (these "Terms of Sale") shall apply to your purchase of products and related services through Rugs.com (the "Site"). These Terms of Sale are subject to change at any time without prior written notice by Rugs.com LLC (referred to herein as either "Company," "we," "us," or "our"). The most recent version of these Terms of Sale shall be posted for your review at any time on the Site. Please review these Terms of Sale in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms of Sale (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
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Online Orders
When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
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Pricing
With respect to items sold by Rugs.com LLC, we cannot confirm the price of an item until you place an order. Despite our best efforts, a small number of the items on our Site may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Rugs.com LLC. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item. -
Payment Terms
All applicable prices are set forth alongside the goods and services offered on the Site. The prices may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges, including country specific import fees extending beyond common duties and value added taxes and fees charged by any broker, customers broker or otherwise, related to the receipt of any package. Rugs.com LLC disclaims all liability for any of the taxes, fees, or charges in the previous sentence.
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Payment Methods
Payment may only be made with a valid major credit card (i.e. American Express, Diner's Club, Discover, Japan Credit Bureau (JCB), MasterCard, Union Pay, and Visa), digital wallet (i.e., Apple Pay and Venmo); Buy Now, Pay Later providers (i.e. Affirm, PayPal's "Pay in 4" and PayPal's "Pay Monthly"); Direct Debit (within the Single Europe Payments Area only) (i.e. Stripe Direct Debit Payments). By using any such card, payment provider, or method of payment, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. We reserve the right to change the payment methods we accept at any time. Not all payment methods may be available for every transaction or in every geographic area.
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Products and Product Representations
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Generally
All features, content, availability, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on a Site at a particular time does not imply or warrant that these products or services will be available at any time. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Site.
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Stock Counts & Inventory Availability
The Site provides information about various products and their availability. Stock numbers displayed on the Site are intended to provide an estimate of the quantity of a particular product in our inventory at a given time.
While we make reasonable efforts to ensure the accuracy of stock numbers, they are subject to change and may not always reflect real-time availability. We aim to maintain accurate and up-to-date information regarding product availability, but unforeseen circumstances, such as high demand or inventory discrepancies, may impact the availability of certain products.
The inclusion of a product on a Site does not guarantee its availability for purchase. We reserve the right to discontinue or modify the availability of any product at any time without liability or obligation.
In the event that a product becomes unavailable after an order has been placed, we will make reasonable efforts to notify you and provide alternative options, such as a comparable replacement, backorder, or refund. In no event shall our liability exceed the amount paid by you for the product or serve in question.
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Product Descriptions
The Site provides descriptions, specifications, and other details about various products for informational purposes. These product descriptions aim to provide general information and give users an overview of the features and characteristics of the products. Certain dimensions, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Site is complete, accurate and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and we cannot guarantee that your device will accurately display such colors.
Accordingly, while we make reasonable efforts to ensure the accuracy and completeness of the product descriptions, they are provided “as is” and without any warranties or representations, whether express or implied.
Further, we do not warrant or guarantee the accuracy, reliability, or suitability of the product descriptions for any particular purpose. Product descriptions may be subject to variations, updates, or modifications over time. Manufacturers or suppliers may change the specifications, features or design of a product without prior notice. We shall not be responsible for any such changes. Additionally, product descriptions may contain inaccuracies, typographical errors, or omissions, and may not always reflect the most current information.
The product descriptions on the Site should not be considered exhaustive or definitive. They may not include all available information about a product, and additional details or specifications may be provided by the manufacturer or supplier.
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Vintage Products
Our Site may offer vintage products for sale, and we strive to provide accurate and detailed descriptions of these items. The product descriptions aim to give users an understanding of the vintage nature, condition and unique characteristics of the products.
While we make reasonable efforts to accurately represent vintage products, it is important to note that vintage items by their nature may have wear or other signs of age. The descriptions provided are intended to reflect the general condition and historical significance of the products to the best of our knowledge. However, due to the nature of vintage items and the passage of time, we cannot guarantee the authenticity or provenance of the vintage products listed on the Website. Authenticity claims are based on the information available to us at the time of listing, including research, expert opinions, and our own experience.
We strongly advise buyers to carefully review the product descriptions, photographs, and any available information about all products before making a purchase. If you have any doubts or questions regarding the authenticity of a vintage item, please reach out to our customer service team for clarification before completing the transaction.
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Product Representation
Our Site seeks to provide accurate and representative product images to assist users in visualizing the appearance, design, and features of the products offered. The product images on a Site are for illustrative purposes only and may not always precisely reflect the actual appearance or dimensions of the products. They are intended to give users a general idea of the product's visual representation.
It is recommended that users refer to the product descriptions, specifications, and accompanying details in addition to the product images to obtain a comprehensive understanding of the product's features, attributes, and dimensions.
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Generally
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Fulfillment & Delivery
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Shipping Information
It is our responsibility to ship your accepted order to you at the address you provide when making the order. Unless otherwise stated, you will be responsible for all associated shipping & handling charges. If an incorrect or insufficient address is provided, resulting in a failed delivery or return, additional shipping charges may apply, and we reserve the right to charge you these fees. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
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Vintage Products Free Shipping
"Free shipping" refers to the shipping cost being absorbed by us for eligible orders within the specified parameters. The terms and conditions for free shipping, including geographic limitations, and any other applicable criteria, are clearly communicated on our website.
Additional fees or charges, such as expedited shipping or international shipping fees, may still apply and will be the responsibility of the customer.
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Vintage Products Shipping Partner Liability
We work with reputable shipping partners to fulfill and deliver orders promptly and efficiently. In the event of any delivery problems, such as lost packages, damaged items, or delivery delays, we will work with our shipping partners to resolve the issue to the best of our abilities.
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Vintage Products Rights to Change Delivery Method
We reserve the right to change the delivery method for your order, including the use of Less Than Truckload (LTL) carriers, if we determine it is necessary or more suitable for the specific shipment. Any changes to the delivery method will not affect the overall cost to the customer unless explicitly communicated and agreed upon.
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Vintage Products Import Expenses
When shipping products internationally, import duties, taxes, and customs fees may be imposed by the destination country's authorities. While we assume responsibility for import duties and taxes, additional expenses are the responsibility of the customer and may vary depending on the specific import regulations of each country. It is recommended to check with the relevant customs authorities for detailed information on applicable fees and regulations prior to completing a transaction.
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Shipping Information
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Returns and Refunds
We seek to provide our customers with the best possible shopping experience. We understand that sometimes a product may not meet your expectations, or you may simply change your mind. That is why we offer our return policy to ensure your satisfaction.
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Eligibility
Our return policy applies to all products purchased directly from our Site within thirty (30) days from the date of delivery, subject to the exclusions below. The product must be in its original condition, unused, and with all original packaging tags, and accessories intact. Orders from AK, HI, Puerto Rico & US Virgin Islands are not eligible for free returns. We offer discounted return labels for customers to purchase for these locations. Uni-Cleaner, Final Sale Items and any services provided are not returnable.
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Abuse of Return Policy
We trust that you will use the return policy responsibly and in good faith. However, we reserve the right to refuse or limit returns if we suspect fraudulent or abusive behavior. If we determine that a customer is repeatedly abusing the policy, we may take appropriate action, including, but not limited to, limiting their access to future returns or purchases.
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Return Shipping
We understand that returning a product can be inconvenient, so we will cover the return shipping costs for eligible returns within the contiguous United States. For returns from outside the contiguous United States, the customer will be responsible for the return shipping costs.
Proper packaging is required to minimize the risk of damage during return shipping. The customer is responsible for packaging and securing items being returned.
If an item is damaged during the return shipping process due to inadequate packaging or mishandling, the responsibility lies with the customer. In these cases, the customer may have deductions from a refund covering fees including, but not limited to handling, cleaning, and disposal.
Note that our shipping partners levy costly penalties for oversized packages. Ensure return packages are less than 96 inches (8 feet) in length. Packages longer than 96 inches (8 feet) will incur a $200 surcharge that will be deducted from your refund. This surcharge comes from our shipping partners, and we cannot grant exceptions. If your re-packaged item is too big, you may fold the item instead of shipping it rolled. Our service team can provide guidance on packaging large items for return.
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Refunds
Upon receipt and inspection of the returned product, we make a reasonable effort to promptly process the refund. Refunds are issued to the original payment method used during the purchase. The refund will include the original purchase price paid for the product, excluding any applicable discounts or store credit used.
If a product was purchased at a discounted price or as part of a promotional offer, the refund amount will reflect the actual amount paid after applying the discount. Any additional discounts, rewards, or promotional credits used towards the original purchase may be forfeited or adjusted proportionately based on the refund amount.
In some cases, where the original payment method is not feasible or available, we may issue the refund through an alternative method, such as store credit.
Products purchased from third-party sellers or through an external marketplace may have separate return policies, which will be clearly communicated at the time of purchase.
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Eligibility
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Fraud, Disputes, and Chargebacks
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Fraud Prevention
We take fraud prevention seriously and employ various measures to safeguard our customers and our business from fraudulent activities.
Systemically, we make reasonable attempts to prevent fraudulent transactions or activities, including but not limited to the unauthorized use of payment methods, identity theft, or providing false information. We may report suspected fraud to the relevant authorities.
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Dispute Resolution
We strive to provide excellent customer service and resolve any concerns or disputes that may arise.
If you have a dispute or concern regarding a purchase or any other matter, please contact our customer support team through the designated channels mentioned on our website. We will make every effort to address your concerns promptly and fairly.
Once a dispute has been initiated by the customer, our options for resolution and compensation become limited by the conditions set forth by the payment processor and financial institutions involved. Furthermore, refunds are often delayed in these circumstances.
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Chargebacks
A Chargeback occurs when a customer disputes a transaction with their payment provider, and the funds are returned to the customer.
If you believe there has been an error or unauthorized charge on your account, we encourage you to contact our customer support team before initiating a chargeback. We will work with you to investigate the matter and find a satisfactory resolution.
Once a chargeback has been initiated by the customer, our options for resolution and compensation become limited by the conditions set forth by the payment processor and financial institutions involved. Again, refunds are often delayed in these circumstances.
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Chargeback & Dispute Policy
If you initiate a dispute or chargeback without first contacting our customer support team and providing a reasonable opportunity to address your concerns, we reserve the right to dispute the chargeback and may provide evidence of the transaction and any relevant communications.
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Fraud Prevention
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Privacy Policy and Website Terms of Use
Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.
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Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability
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Buyer's R&Ws
You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms of Sale, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.
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Manufacturer's Warranty and Company's Disclaimers
We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Site in any way. The availability on our Site of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They are, however, covered by the manufacturer's warranty as detailed in any product's description on our Site and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer's warranties by following the instructions provided in their warranty agreement[s]. You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer's warranty claims and/or for any loss or damages that may arise out of the manufacturer's failure to honor its warranty obligations to you.
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Liability Cap
UNDER NO CIRCUMSTANCES WILL COMPANY'S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
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Buyer's R&Ws
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Processing Disclaimers
This Processing Disclaimer is made subject to all of the other terms of this Terms of Sale, including all of the disclaimers and limitations on liability. Our intention is to charge you and collect the price displayed on the checkout screen when you place your order. We are not responsible for any errors or misinterpretations made by your bank or any payment processor when processing payments to us. We will not be held liable for any consequences that may arise from such errors or misinterpretations. We cannot control how your bank or payment processor interprets payments to us, and any issues related to payment processing must be addressed with your bank or payment processor directly.
We take great care in ensuring that our payment processing systems are secure and reliable. However, we cannot guarantee that our payment processing systems will always be free from errors, interruptions, or unauthorized access. We will not be held responsible for any damages or losses that may result from such errors, interruptions, or unauthorized access. Furthermore, we will not be held responsible and disclaim all liability for any errors or issues related to how our payment processor treats currency conversion or country-specific taxes related thereto.
By using our Site and purchasing our products, you agree to hold us harmless from any liability or claims arising from payment processing errors or issues with your bank or payment processor, including any errors arising out of currency conversion or country-specific tax issues, whether related or not thereto. You acknowledge that you are solely responsible for ensuring that your payment information is accurate and up-to-date.
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Payment Processing Information
Below are links to the terms and agreements for our payment processing partners:
- Affirm - https://www.affirm.com/terms
- Amazon Pay - https://pay.amazon.com/help/201212430
- Apple Pay - https://www.apple.com/legal/applepayments/direct-payments/
- PayPal - https://www.paypal.com/us/legalhub/useragreement-full
- Stripe - https://stripe.com/legal/ssa
- Stripe (SEPA) - https://stripe.com/docs/payments/sepa-debit
- Venmo - https://venmo.com/legal/us-user-agreement/
We are not responsible for any error or other incident caused by or attributed to payment processors.
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Third-Party Beneficiaries
These Terms of Sale are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Sale.
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Force Majeure
Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
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Assignment
Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
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Partial Invalidity
In the event that any part or portion of these Terms of Sale is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
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Governing Law/Binding Arbitration
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Governing Law
These Terms of Sale shall be governed by the laws of the State of South Carolina without regard to its conflict of laws principles.
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Legal Disputes and Arbitration
YOU AND RUGS.COM LLC AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute, claim, demand, disagreement, or controversy between you and Rugs.com LLC, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, and/or affiliates (collectively, "Rugs.com"), whether sounding in tort, contract, quasi-contract, equity, or by statute, arising from or relating your use of the Site, your purchase of any goods, and/or to these Terms of Sale and their interpretation or breach, termination, or validity thereof, the relationships which result from these Terms of Sale, including disputes about the validity, scope or enforceability of the mandatory arbitration provision contained therein (collectively, "Claims") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days advanced written notice of its intent to file for arbitration. Rugs.com LLC will provide such notice by e-mail to your e-mail address on file with Rugs.com LLC and you must provide such notice by mail or e-mail to Rugs.com LLC's general counsel as set forth below:
Rugs.com LLC
Attn: Thomas C. Jeter III
Nosal & Jeter, LLP
852 Gold Hill Rd., Ste 201
Fort Mill, SC 29708
Email: info@nosaljeterlaw.com (please reference "Rugs.com LLC Legal Dispute")During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Claims. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings in English by telephone or videoconference, unless in-person appearances are requested by you or Rugs.com LLC and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and Rugs.com LLC, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of these Terms of Sale and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Rugs.com LLC and you agree that any Claim hereunder will be submitted to arbitration on an individual basis only. Neither Rugs.com LLC nor you are entitled to arbitrate any Claim as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Sale and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of South Carolina. This Section 18 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms of Sale.
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Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. The parties expressly waive their right to file a class action or seek relief on a class basis.
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Acknowledgment
YOU UNDERSTAND THAT PURSUANT TO THIS SECTION 18 AND SUBJECT TO SUBSECTION (E) BELOW AND ALL APPLICABLE LAWS YOU ARE AGREEING TO GIVE UP: (I) YOUR RIGHT TO LITIGATE ANY CLAIMS TTHAT MAY ARISE HEREUNDER IN COURT OR BEFORE A JURY; AND (II) YOUR RIGHT TO CONSOLIDATE ANY CLAIM AND/OR PARTICIPATE IN ANY CLASS-ACTION CLAIM THAT MAY ARISE HEREUNDER IN ANY MANNER OR FORUM.
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Small-Claims Option
Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within ninety (90) days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms of Sale.
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Governing Law
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Courts for Non-Arbitrated Disputes
If for any reason any dispute between you and the Company is determined not to be arbitrable you agree to bring such action in the State or Federal Courts serving Fort Mill, South Carolina.
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No Waivers
Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
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Notices
We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: personal delivery, overnight courier, or registered or certified mail to:
Rugs.com LLC
Attn: Thomas C. Jeter III
Nosal & Jeter, LLP
852 Gold Hill Rd., Ste 201
Fort Mill, SC 29708 -
Entire Agreement
These Terms of Sale, along with the confirmation email referenced in Section (2) above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site's 'Terms of Use' and 'Privacy Policy,' shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.




