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Terms of service
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. This website is owned and operated by Eileen Smiles Designs, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Eileen Smiles Designs, LLC. Eileen Smiles Designs, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. These terms and conditions govern the use of the Eileen Smiles Designs, LLC Website and apply to all items ordered from Eileen Smiles Designs, LLC.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
COPYRIGHTS
All material contained within the Eileen Smiles Designs, LLC website is covered by a disclaimer and protected by copyright laws. No part of the Eileen Smiles Designs, LLC website, including information, images, logos, photos, and overall appearance of the site, may be copied, republished, broadcast or reproduced in any form whatsoever without the prior written permission of the copyright holders except for your own personal or non-commercial use.
You also agree, on entering the Eileen Smiles Designs, LLC website, not to adapt, alter or create a derivative work from the site content except for your own personal, non-commercial use.
CONTENT ACCURACY
While all reasonable efforts have been made to ensure the accuracy of content, no responsibility can be taken for any error or omission.
Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Eileen Smiles Designs, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Product Information
Weights, dimensions and descriptions of goods given by us to you for any purpose are stated in good faith but are approximate only and will not bind Eileen Smiles Designs, LLC in any way. We reserve the right to withdraw, or amend, the specification of any goods without further notice to you. Please allow variance on sizes stated especially when orders are placed at different times.
Please note we do not guarantee color match between the same products ordered by you in separate orders. We do not guarantee color and seize match between wallpaper and fabric with the same pattern.
We have made every effort to display as accurately as possible the colors of our products that appear on the Eileen Smiles Designs, LLC website. However, as the actual colors you see will depend on your monitor, tablet or mobile device, we cannot guarantee that your monitor’s, tablet’s or mobile device’s display of any color will accurately reflect the color of the product on delivery.
All sizes and measurements are approximate. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Eileen Smiles Designs, LLC website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been mis-published, including prices and promotions.
All information either published on the Eileen Smiles Designs, LLC website, sent to you by email or shared with you over the phone has been supplied in good faith and can only be interpreted as general guidance.
Our products are digitally printed on a natural fabric which has natural and manufacturing variations and characteristics such as slubs and knots. Very occasionally these variations and characteristics prevent print dye from covering the full surface of the fabric. We believe this gives our fabrics a distinctive and unique character. You will accept that these product characteristic cannot be classified as faulty.
Our linen is dry clean only, you cannot wipe it with a damp cloth.
All of our products are designed for interior use only. It is your responsibility to ensure that the product is fit for purpose for the end use you envisage.
Prices
All prices on the site are in U.S. dollars and may periodically change without notice. Eileen Smiles Designs, LLC shall have the right to refuse or cancel orders placed for items inadvertently listed at an incorrect price. Prices exclude delivery charges and any applicable sales tax. Customers will pay postal/shipping costs at check-out. Customers outside the United States are liable for additional import duties.
Placing an Order
Eileen Smiles Designs, LLC may modify the terms and conditions on the Eileen Smiles Designs, LLC Website without notifying you. You agree to periodically review these terms and conditions to be aware of any such revisions. Should the revision be unacceptable to you, you agree to stop accessing the Eileen Smiles Designs, LLC Website. Your continued use of the Eileen Smiles Designs, LLC Website after any such revision(s) shall be deemed as acceptance of and agreement to abide by all such revisions. Before placing an order, if you have any queries relating to these terms and conditions, please contact us at: info@eileensmiles.com
Prices are subject to change without notice. These changes will not affect orders that have already been placed and paid for. Import duties for international sales will be paid by the purchaser.
PAYMENT, SALES TAX AND CUSTOMS
Orders will be processed only after full payment has been received. When required to do so by applicable tax laws, we will charge and collect tax on our products.
Import fees, such as customs duties, may apply to products that are shipped to countries outside the of the United States. These import fees may be levied by the destination country upon a shipment’s arrival in such country. Eileen Smiles Designs, LLC has no control over such fees and is not responsible for informing you of any such fees or customs duties that may apply. You are solely responsible for these fees.
CANCELLATION AND REFUND POLICY
Wallpaper and fabrics sold on the Eileen Smiles Designs, LLC website are made to order and are non-stocked items. This means that every order will only be produced on payment in full of the value of the order. Once an order is placed it cannot be cancelled. We strongly recommend that you order samples of our offerings in advance of making a purchase, and that you consult with a professional wallpaper hanger to ensure that you order quantities that accurately reflect your needs.
ORDER SHIPPING AND DELIVERY
Our yardage orders are shipped within 1-2 days from the date that your order is completed. Our wallpapers are printed to order with a 5-6 week lead time from the date your order is processed and our textiles are printed to order with a 3-4 week lead time from the date your order is processed. Orders shipping to domestic locations will be sent via UPS Ground. Within the continental United States, UPS Ground shipping times range from 1-5 days. After your place an order, you will receive an email that provides an estimated ship date. Once your order is in transit, you will receive an email with a UPS tracking number.
Our sample orders are shipped within 1-2 days from the date that your order is received. Sample orders shipping to domestic locations will be sent via USPS at a flat rate starting at $3.00 for the first sample. For orders outside the United States, please contact us for pricing information.
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.