Terms of Sale

Chilewich - Contract Division

TERMS OF SALE

Your contract order is subject to Chilewich's Terms of Sale in effect at the time your order is placed. Chilewich may modify these Terms of Sale without prior notice.

Payment Terms

Payment terms are printed on the face of your order confirmation and are subject to change before shipment.

Shipping Claims

Orders will be shipped FOB Chatsworth, Georgia, USA. Please inspect your shipment upon receipt for shipping damage and for correct style, color, size and quantity. Shipping damage claims must be made within 7 days of receipt of goods. Defective product claims must be made within 30 days from the invoice date.

Please contact customerservice@chilewich.com to obtain your Shipping Claim or Product Claim form.

If Chilewich determines that your claim merits material inspection, Chilewich will issue you a Return Authorization form. Goods may only be shipped back to Chilewich for material inspection if they are accompanied by a valid Return Authorization issued by Chilewich.

Issuance of Return Authorization does not constitute a grant of refund.

Credit and refund requests will be considered only after the returned goods have been inspected by Chilewich. If a credit or refund is approved, please allow 2-3 weeks for issue.

Return Policy

Contract products are "made to order"; therefore, if a return is requested, a restocking charge plus return freight cost will apply. The restocking charge will be based on Chilewich's current standard published pricing. All return requests must be received within 90 days of the original invoice date. Only full rolls and cartons, unopened and in their original packaging, will be considered for refund.

Flooring: 25% restocking fee plus return freight cost.
Wall Textiles: 50% restocking fee plus return freight cost.
Fabric: 50% restocking fee plus return freight cost.
Custom Mats: No returns accepted.
Accessories: No returns accepted.

Please contact customerservice@chilewich.com to obtain your Return Request form. If Chilewich determines that your claim merits material inspection, Chilewich will issue you a Return Authorization form. Goods may only be shipped back to Chilewich for material inspection if they are accompanied by a valid Return Authorization issued by Chilewich.
Issuance of Return Authorization does not constitute a grant of refund.
Credit and refund requests will be considered only after the returned goods have been inspected by Chilewich. If a credit or refund is approved, please allow 2-3 weeks for issue.

Cancellation Policy

You may cancel your order within 4 business days from receipt of your order confirmation. After that, order cancellation is at Chilewich's sole discretion and may be subject to restocking charge.

Collection Fees

Any action taken to enforce collection of any balance due, including any check returned unpaid, on this invoice is subject to additional collection and/or attorney fees and costs, in addition to any interest and/or late payment charges payable.

Roll and Tile Sizes and Quantities

We fulfill orders with the maximum roll size possible up to 100 linear feet. The minimum roll size will be 20 linear feet (or, if the order is less than 20 linear feet, the size plus overage that is required). If additional, smaller rolls are requested, there will be a surcharge of $20 for each additional roll. It is your sole responsibility to calculate and submit accurate take-off dimensions with your order.

Tiles are shipped 20 to the box. Partial boxes will not be shipped.

Fabric Seams and Shading

Chilewich products are woven, which means that seams in w2w, tile and wall textiles will be visible. There will also be shade variations within the fabric due to the natural weaving process.

Warranty

Chilewich warrants that its products will perform to accepted industry standards when used under normal conditions as further described in Chilewich's product literature which can be found at the following URL: http://www.chilewich.com/contract/technical/installation.

Limitation of Liability

EXCEPT FOR THE WARRANTY SET FORTH ABOVE, CHILEWICH DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL CHILEWICH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR PURCHASE, EVEN IF CHILEWICH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHILEWICH'S ENTIRE LIABILITY FOR ANY PRODUCT SALE WILL NOT EXCEED THE TOTAL AMOUNT ACTUALLY RECEIVED BY CHILEWICH FROM SUCH SALE.

Intellectual Property

CHILEWICH, PLYNYL, BIOFELT and TERRASTRAND are registered trademarks of Chilewich Sultan LLC. Chilewich is the exclusive owner of all intellectual property in Chilewich products and designs. Your purchase order does not authorize you to reproduce, resell or otherwise use Chilewich's product designs and materials other than in specific projects. You may not incorporate Chilewich products in manufactured items for resale without Chilewich's prior written consent and pursuant to a written license. Chilewich reserves the right to refuse orders that do not meet these criteria.
You may not display Chilewich's trademarks, except with prior written consent.

Waiver and Severability

Chilewich's failure to exercise or enforce any Term of Sale will not constitute a waiver of these. If any Term of Sale is held to be unenforceable, all other Terms of Sale will remain in effect.

Governing Law

THESE TERMS OF SALE, AND THE RELATIONSHIP BETWEEN YOU AND CHILEWICH, WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. YOU AGREE THAT ALL LEGAL CLAIMS BETWEEN YOU AND CHILEWICH ARISING FROM THESE TERMS OF SALE, YOUR USE OF THE CHILEWICH WEBSITE, AND/OR YOUR RELATIONSHIP WITH CHILEWICH, SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED WITHIN THE STATE OF NEW YORK, COUNTY OF NEW YORK, AND YOU WAIVE ANY AND ALL OBJECTIONS TO SUCH VENUE BASED UPON PERSONAL JURISDICTION, VENUE, CONVENIENCE OF THE FORUM, OR ANY OTHER BASIS.

PRIVACY POLICY

Chilewich | Sultan LLC ("Chilewich") recognizes that your personal privacy is of the utmost importance to you. This policy lets you know how we collect and use your personal information, and how you can control its use. This policy describes the broadest potential use of personal information throughout the Chilewich website (the "Website") that is consistent with the terms of this policy. However, please note that we may make far less use of your personal information.

Chilewich provides you with access to its Website subject to the following policy, which we may update from time to time with or without prior notice to you. You can review the most current version of this policy at any time at: www.chilewich.com/store/service/terms. Please read this policy carefully. By accessing this Website, you agree that you have read and understand the policy and any posted updates and that you accept and agree to be bound by them. If you do not wish to be bound by this policy, please do not continue to use this Website.

1. Personal information that we collect. Chilewich collects personal information when you provide it to us, such as when you:

a. Register an account on the site
b. Place an order
c. Join a mailing list
d. Contact us

Registration information. Registration helps us provide you with a quick and simple checkout experience and also makes you eligible for certain special promotions and other benefits, such as new product introductions and special events. When registering to be a member on the site, we require certain information in order to make your experience on our site the best it can be. When you create an account, the information we require is your full name and email address.

Placing an order. You do not need to register in order to make a purchase on our Website and you can place your order as an unregistered Guest. As a Guest, some features of our Website may not be accessible to you and you will not receive our email alerts or paper mailings unless you request to join our mailing list. You will also not be eligible for the special promotions and other benefits reserved exclusively for Chilewich registered customers.

When placing an order, whether as a registered customer or a Guest, we require certain information to process your order and for internal purposes, such as your full name, billing and shipping address and email address. We will also require credit card information. Note that Chilewich uses a third party to process credit card transactions. No credit card information is stored on our Website.

Joining a mailing list. If you request to join our mailing list, we will take your name, email address and mailing address. Once we have collected this information, you will receive our email alerts, informing you of news and special offers. You can remove yourself from the email list at any point by emailing
customerservice@chilewich.com or clicking "unsubscribe" from the emails sent to you. You may receive occasional paper mailings such as our product catalogs. If you would no longer like to receive these, please notify us by email by clicking here and we will remove you from our mailing list.

Contacting us. If you contact us with a question or comment about our products or Website, we may require certain information so that we can help you, such as your name, email address or phone number.

2. Non-personal information that we collect. In addition to the information specified above, we may collect information about your use of the Website through electronic communications protocols and cookies. As is true when you visit most websites, Chilewich may automatically receive information from you as part of the communication connection itself, which often consists of network routing information (where you came from), equipment information (browser type) and date and time. Chilewich may also use cookies, embedded URLs, embedded pixels and other similar technologies to capture additional information. In some cases, the information provided by these technologies may be re-associated with personal information by Chilewich.

Cookies. Chilewich’s server may query your browser to see if there are "cookies" previously set by the Website. A cookie is a small piece of information sent by a web server to store on a web browser so that it can later be read back from that browser. Cookies on the Website may collect a unique identifier and user preferences. Chilewich also uses cookies to collect general usage and volume statistical information that does not include personally identifiable information. While we do not offer an opt-out for cookies, browsers provide you with information and control over cookies. You can set your browser to alert you when a cookie is being used, and accept or reject the cookie. You can also set your browser to refuse all cookies or accept only cookies returned to the originating servers. Users can generally disable the cookie feature on their browser without affecting their ability to use the Website, except in some cases where cookies are used as an essential security feature necessary for transaction completion.

Embedded pixels. Chilewich may also use embedded pixel technologies on selected pages for the purposes of identifying unique user visits to the Website, as opposed to aggregate hits, and to identify the pages viewed.

3. How we use the information. We use the personal information we collect from you for the following purposes:

a. To process your orders or to contact you concerning the status of an order
b. To respond to questions you may have regarding your order, the products, or the Website
c. To contact you via our email alerts with news and promotions
d. To help create and personalize Website content, facilitate your use of the Website (for example, to facilitate navigation and the login process, avoid duplicate data entry, enhance security, keep track of shopping cart additions and preserve order information between sessions), improve Website quality, track marketing campaign responsiveness and evaluate page response rates.

4. Our disclosure of your information. We employ other companies to perform functions on our company’s behalf. Examples of this include processing credit card payments, delivering packages, and sending emails. These outside companies only have access to personal information needed to perform their functions, but may not use it for other purposes.

We have the right to disclose your information to a third party if we believe that the law or legal process requires it, to protect the rights and property of Chilewich, or as otherwise described in this privacy policy.

Chilewich may share your personal information with an affiliated entity such as a licensee, and it may transfer your personal information to a successor entity as part of a restructuring, merger or sale of its business.

5. Security

The security of your personal information is very important to Chilewich. We have in place physical, administrative and technical safeguards designed to protect your personal information from unauthorized access. In addition, Chilewich uses standard security protocols and mechanisms for the exchange and transmission of sensitive data such as credit card details.

In the event that your personal information is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, Chilewich will notify you of the breach by email, fax or U.S. mail. Chilewich will give you notice promptly, consistent with the reasonable needs of law enforcement or Chilewich to determine the scope of the breach and to investigate and restore the integrity of the data system.

6. Links

This Website may include links to websites that are operated by other parties over which we have no control. Once you leave the Chilewich Website, our privacy policy will not apply. Please review the privacy policies of such third-party website operators to understand how they will collect, use and disclose your personal information.

7. Children

We do not sell products for purchase by children. If you are under the age of thirteen, you may use our service only with the involvement and approval of a parent or guardian.

8. Subscription Policy

If you would prefer to no longer receive our emails, or if you are receiving more than one copy, you can unsubscribe to the emails by clicking on the link on the email sent to you. You can also email customerservice@chilewich.com or call 888-851-7130 (Monday - Friday 8:30am-5:00pm EST).

Note that some non-marketing communications are not subject to general opt-out, such as communications related to your user account for this Website, transactions with Chilewich and product and service updates.

9. Your California privacy rights. Under California Civil Code Section 1798.83 (also known as S.B. 27), if you are a California resident and your business relationship with Chilewich is primarily for personal, family or household purposes, you may request certain data regarding Chilewich’s disclosure, if any, of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please send an e-mail message to customerservice@chilewich.com with "Request for California Privacy Information" in the subject line. You may make such a request up to once per calendar year. If applicable, we will provide you, by email, a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses. Please note that not all personal information sharing is covered by S.B. 27’s requirements.

10. Contact Us

If you have any questions, comments or concerns about our privacy policy or any other part of our Website, please email customerservice@chilewich.com or call 888-851-7130 (Monday - Friday 8:30am-5:00pm EST).