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TERMS AND CONDITIONS OF SALE


William D. Light d/b/a Wholesale Wallpaper or its affiliates or subsidiaries (hereinafter collectively referred to as "WALLPAPER WHOLESALER") and the individual or entity (hereinafter referred to as "Purchaser") purchasing any goods or products (hereinafter referred to as "Products") using this web site or any other web sites owned, operated or published by WALLPAPER WHOLESALER (hereinafter referred to as the "Web Sites"), hereby agree that all sales made by WALLPAPER WHOLESALER to Purchaser shall be made on the express condition that Purchaser assents to the terms and conditions set forth below. In addition, any individual or entity using the Web Sites (hereinafter referred to as "Web Site User") assents to the terms and conditions set forth below.

TERMS OF SALE

Except as otherwise provided herein, Purchaser’s placement of an order for Products or Web Site User's use of the Web Site, including use of the Web Site's referral service, confirms its agreement with each of the terms of WALLPAPER WHOLESALER’S Terms of Use, its Online Privacy Policy, and these Terms and Conditions of Sale. These Terms and Conditions of Sale apply to Products ordered through the Web Sites or use of services provided on the Web Sites unless Purchaser has signed a separate agreement with WALLPAPER WHOLESALER governing Purchaser's purchase of Products, in which case, the terms of any such signed agreement shall govern. Purchaser represents that it is acquiring the Products for end use and not for resale. Purchaser agrees that no order shall be deemed to have been accepted unless and until it is verified and accepted by WALLPAPER WHOLESALER, which may be by means of shipment of Products. WALLPAPER WHOLESALER reserves the right to reject orders at its discretion. Subject to applicable law, WALLPAPER WHOLESALER reserves the right to ship ordered items at different times in the event that such items are not available at the same time.

WALLPAPER WHOLESALER may revise these terms and conditions at any time in its discretion. WALLPAPER WHOLESALER may revise or discontinue products available on this site at any time without prior notice.

SHIPPING CHARGES; SALES TAX

All orders placed by customers located within the Continental USA where the merchandise ordered totals $60.00 or more are shipped free of charge by UPS or FedEx ground delivery and are not subject to standard ground shipping charges. On all orders where the merchandise totals less than $60.00 a $4.00 shipping charge will be added.

Expedited shipping is available at an extra charge to our customers . Customers who want expedited shipping may place their order on line and choose the expedited shipping of their choice, the additional charge will be displayed as the customer chooses the desired shipping, the customer will have the option to view all shipping options and choose the option best for them or the customer may place their orders with our sales representatives via our toll-free sales line 888-305-8020. Hours of operation are 9:00am to 6:00pm EST Monday through Saturday and 12Noon to 6:00pm EST Sunday.

Orders for customers located in Hawaii and Alaska will be shipped UPS at Purchaser’s expense.

All orders are subject to a manufacturer’s processing/handling fee of $6.99 per order. No orders will be processed or accepted until payment in full is received.

ONLY TENNESSEE RESIDENT CUSTOMERS ARE REQUIRED BY LAW TO PAY SALES TAX AT TIME OF PURCHASE FROM .WALLPAPER WHOLESALER .COM CUSTOMERS FROM ALL OTHER 49 STATES ARE NOT REQUIRED BY LAW TO PAY SALES TAX AT TIME OF PURCHASE FROM WALLPAPER WHOLESALER .COM AND THEREFORE WHOLESALE WALLPAPER .COM DOES NOT COLLECT SALES TAX FROM CUSTOMERS OTHER THAN THOSE WHO ARE RESIDENTS OF TENNESSEE. All customers who are not residents of Tennessee may be required by their individual state to pay a sales or use tax on purchases. Please contact your state for the laws of your state regarding your purchase. Customer’s invoice will include complete product pricing, all applicable handling costs, shipping charges and any applicable sales tax. For Tennessee Purchasers claiming an exemption from Sales Tax., purchasers must place their order through the toll-free sales line 888-305-8020 and provide the sales person with a valid sales tax exemption certificate.

PAYMENT TERMS

Payments for orders placed online are processed through a major credit card such as Visa, Master Card, American Express, and Discover. If you wish to pay by check or other forms please phone your order in to our sales department 888-305-8020 Live Help Hours.

DELIVERY POLICY

All available products will be shipped within three (3) business days. Customers will be advised of an estimated ship date on any back-ordered product within four (4) to five (5) business days. WALLPAPER WHOLESALER is not obligated to make delivery by any specified date unless “ expedited shipping is choose by the customer ” but will always use its best efforts to make delivery as quickly as possible. Customer’s orders will ship from WALLPAPER WHOLESALER’S Chattanooga, Tennessee facility or WALLPAPER WHOLESALER'S supplier's distribution/shipping location unless specifically agreed otherwise in writing.

WALLPAPER, BORDER, FABRIC & MURAL BACKORDER POLICY

When ordering wallpaper and wallpaper borders you (the customer) should wait until you receive your entire order before scheduling your wallpaper hanger or beginning to hang the product yourself. Occasionally a pattern will be placed on backorder by the manufacturer. In this case you will be notified promptly of the backorder date via email or telephone. In extremely rare occasions the backorder date may exceed more than 14 business days beyond the time you placed your order. When the backorder date exceeds 14 business days from the time you placed your order, you will be given the option to leave the product on backorder or cancel your order. Backorders that are cancelled per policy will be refunded to your charge card or if you paid by check, a refund check from Wholesale Wallpaper for full amount will be U.S. mailed to you. Any backorder dates 14 business days or less from your original order date are non-cancelable.

RETURN POLICY

Upon providing proof of purchase, WALLPAPER WHOLESALER will accept the return of Products in accordance with our Return Policy. To read our Return Policy, CLICK HERE..

DISCONTINUED PRODUCTS REFUND POLICY

On occasions you (the customer) may order a product that is no longer available. In this rare occasion one of our representatives will contact you promptly with alternate products that you may like just as well as your original choice. We will do all we can to find a replacement product for you or we will issue you a full refund for the discontinued product and any coordinating products on the same order. Your refund will be credited to your charge card or if you paid by check a refund check from Wholesale Wallpaper will be U.S. mailed to you.

WARRANTY DISCLAIMER

WALLPAPER WHOLESALER SELLS ONLY FIRST QUALITY MERCHANDISE. ANY PRODUCTS THAT ARE DAMAGED OR OTHERWISE DEFECTIVE AS DESCRIBED BY THE MANUFACTURER'S WARRANTY LOCATED INSIDE THE PACKAGE OF ALL PRODUCTS AT THE TIME OF DELIVERY WILL BE REPLACED AT NO CHARGE TO THE PURCHASER. WALLPAPER WHOLESALER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. WALLPAPER WHOLESALER HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT REGARDING ANY PRODUCTS. The exclusive remedy of Purchaser against WALLPAPER WHOLESALER for breach of warranty shall be repair or replacement of the Products or repayment of the purchase price, at the option of WALLPAPER WHOLESALER.

LIMITATION OF LIABILITY

WALLPAPER WHOLESALER HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER SURFACE PREPARATION, IMPROPER PRODUCT OR COLOR SELECTION OR MISAPPLICATION. WALLPAPER WHOLESALER SHALL NOT BE LIABLE FOR AND PURCHASER EXPRESSLY WAIVES ANY RIGHTS TO CONSEQUENTIAL, INCIDENTAL AND/OR SPECIAL DAMAGES REGARDING THE SALE OR USE OF ANY PRODUCTS UNDER ANY AND EVERY CIRCUMSTANCE, EVEN IF THE POTENTIAL FOR SUCH DAMAGES HAS BEEN DISCLOSED TO WALLPAPER WHOLESALER. WALLPAPER WHOLESALER'S LIABILITY FOR PRODUCT DEFECT CLAIMS SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT. All items claimed to be defective within the warranty period must be shipped to WALLPAPER WHOLESALER's Chattanooga, Tennessee facility at the expense of Purchaser. If any Products are, in fact, defective, such items will be repaired or replaced or refunded. WALLPAPER WHOLESALER's acceptance of any Products shipped to WALLPAPER WHOLESALER shall not be deemed an admission that the Products so shipped are defective, and if WALLPAPER WHOLESALER finds that any items returned are not defective, such Products will be reshipped to Purchaser at Purchaser's expense.

WALLPAPER WHOLESALER SHALL NOT BE LIABLE FOR ANY DELAY IN OR IMPAIRMENT OF PERFORMANCE RESULTING IN WHOLE OR IN PART FROM ANY ACTS OF GOD, SEVERE WEATHER CONDITIONS, LABOR DISRUPTIONS, GOVERNMENTAL DECREES OR CONTROLS, INSURRECTIONS, WAR RISKS, SHORTAGES, INABILITY TO PROCURE OR SHIP A PRODUCT OR OBTAIN ANY NECESSARY GOVERNMENT PERMITS, LICENSES, SUPPLIES OR RAW MATERIALS, OR ANY OTHER CIRCUMSTANCES OR CAUSES BEYOND THE CONTROL OF WALLPAPER WHOLESALER IN THE CONDUCT OF ITS BUSINESS.

INDEMNIFICATION

PURCHASER SHALL INDEMNIFY AND HOLD WALLPAPER WHOLESALER HARMLESS AGAINST ALL LOSS OR DAMAGE SUFFERED BY PURCHASER (OTHER THAN THE COST OF REPLACEMENT OR REPAIR AS PROVIDED ABOVE AND OTHER THAN DAMAGES SUFFERED BY PURCHASER SOLELY AS A RESULT OF THE NEGLIGENCE OF WALLPAPER WHOLESALER OR ITS EMPLOYEES OR AGENTS) RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE TESTING, USE, OPERATION, REPLACEMENT, OR REPAIR OF ANY OF THE PRODUCTS.

WALLPAPER INSTALLER/PAINTER REFERRAL SERVICE

THE PURCHASER/WEB SITE USER ACKNOWLEDGES AND AGREES THAT THE SERVICES OF ANY INSTALLATION OR SERVICE PROVIDER LISTED ON THIS WEB SITE BEING REFERRED TO THE PURCHASER/WEB SITE USER IS DONE SO WITHOUT ANY WARRANTY WHATSOEVER FROM WALLPAPER WHOLESALER. WALLPAPER WHOLESALER IS IN NO WAY AFFILIATED WITH ANY PERSON OR COMPANY LISTED ON THE REFERRAL LIST, INCLUDING THOSE OF WHICH ARE LISTED AS PROFESSIONAL WALLPAPER INSTALLERS LOCATED NEAR YOU. WALLPAPER WHOLESALER EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND MADE OR IMPLIED BY ANY PERSON OR COMPANY LISTED ON THE INSTALLER REFERRAL LIST. THE PURCHASER/WEB SITE USER IS BY USE OF THE REFERRAL SERVICE DOING SO WITH THE UNDERSTANDING THAT WALLPAPER WHOLESALER EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND AGREES TO HOLD WALLPAPER WHOLESALER HARMLESS FROM ANY LIABILITY OF ANY TYPE ARISING OUT OF THE USE OF THE REFERRAL SERVICE.

COLOR MATCHING

Colors may vary by printer and monitor. WALLPAPER WHOLESALER recommends purchasing a sample for best color matching results.

PRODUCT INFORMATION

WALLPAPER WHOLESALERS’ ability to keep product information accurate and up-to-date is limited by the ability and willingness of manufacturers and other industry sources to provide product information. WALLPAPER WHOLESALER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY DATA REGARDING PRODUCTS OFFERED FOR SALE ON THIS WEB SITE OR ANY REFERRAL SERVICES.

CANCELLATION

To speed the delivery of your order all online and telephone orders are immediately transmitted by electronic means for processing. You may cancel your order only if it can be caught before it is processed by the warehouses. If cancellation is possible, you will receive a full refund to your credit card for the portion of your order you cancel.

ASSIGNMENT

Purchaser shall not assign any order for a Product, or any interest therein, without the prior written consent of WALLPAPER WHOLESALER. Any actual or attempted assignment without WALLPAPER WHOLESALER'S prior written consent shall entitle WALLPAPER WHOLESALER to cancel such order without liability.

PURCHASER'S REPRESENTATIONS AND WARRANTIES

Purchaser represents and warrants that: (a) Purchaser is at least 18 years of age; (b) Purchaser possesses the legal right and ability to enter into this Agreement and make the credit card charge on their own behalf or on behalf of any person for whom the Purchaser is acting as an agent; and (c) all information submitted by the Purchaser to WALLPAPER WHOLESALER is true, accurate and current. Purchaser further agrees to abide by all applicable laws and regulations.

TRADEMARKS AND COPYRIGHTS

Purchaser/Web Site User acknowledges that it has no right, title or interest in the trademarks, copyrights or other intellectual property rights of WALLPAPER WHOLESALER, and Purchaser/Web Site User covenants that it will take no action to register or otherwise interfere with any such rights.

COMPLETE AGREEMENT

These Terms and Conditions of Sale, when combined with WALLPAPER WHOLESALER'S invoice, Online Privacy Policy and Terms of Use of the Web Sites and any contract or agreement between Purchaser and WALLPAPER WHOLESALER regarding Products represent the entire agreement between the parties with respect to the subject matter thereof. Language contained in any digital or written instrument from Purchaser to WALLPAPER WHOLESALER serving to modify the terms of any of the foregoing shall have no effect except for any contract or agreement between Purchaser and WALLPAPER WHOLESALER regarding any Products.

SEVERABILITY

If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other provisions hereof, which together shall be construed as if such illegal and unenforceable provision or provisions had not been included herein.

GOVERNING LAW; LIMITATIONS

Any issue or dispute arising out of or in connection with this Agreement shall be governed by the laws of the United States and the State of Tennessee. Any such issue or dispute shall be brought exclusively in the Federal or State courts located in Chattanooga, Tennessee. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

DISPUTE RESOLUTION

Actions against Purchaser/Web Site User for nonpayment of the purchase price of Products sold by WALLPAPER WHOLESALER, or for redress of other breaches by Purchaser/Web Site User of these Terms and Conditions of Sale, may be brought by WALLPAPER WHOLESALER, at its option, before any state or federal court of competent jurisdiction in Chattanooga, Tennessee. At WALLPAPER WHOLESALER'S option, disputes between Purchaser/Web Site User and WALLPAPER WHOLESALER, including all claims for non-performance by WALLPAPER WHOLESALER, may be finally settled by arbitration in Chattanooga, Tennessee. Any dispute between the parties arising under this Agreement which is submitted to arbitration shall be governed by the then-existing rules and regulations of the American Arbitration Association. The parties shall be bound by the award of the arbitrators and judgment upon any award of the arbitrators may be entered in any court having jurisdiction.


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