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TERMS OF SALE
Your 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 - Orders will be shipped FOB (EXWORKS) Chatsworth, Georgia, USA.
Note to our international customers on uncollected (idle) shipments: Any order prepared for shipping, whose ship date has been confirmed by the customer, but which remains uncollected (idle) at the Chilewich warehouse in Chatsworth, Georgia for longer than 5 business days, shall incur a daily storage fee of 2% of the total value of goods, charged on the invoice, for as long as the order remains idle.
Returns Policy – Chilewich will only accept returns that have been authorized by the Chilewich Sales Department. Once a return has been authorized, you will be issued a Return Authorization for the return. A request for a return must be made to the Chilewich Sales Department no later than four (4) weeks after the goods were shipped, as stated on the Purchase Order. If a Return Authorization is issued by Chilewich, the goods covered by that Return Authorization must be delivered to Chilewich within four (4) weeks of the Return Authorization issue date or they will not be accepted. A fifteen percent (15%) restocking charge will apply, plus return freight.
PLEASE NOTE: All custom order sales are final; no returns or exchanges will be made.
Claims - Please inspect your shipment upon receipt for shipping damage and for correct style, color, size and quantity. Shipping damage claims must be made within seven (7) days of receipt. Defective product claims must be made within thirty (30) days from the invoice date. The restocking and freight charges will not apply to defective products, as determined solely by Chilewich.
Revisions to Orders - Any revision to an order must be sent to Chilewich within twenty-four (24) hours of submission of the original order. Thereafter, the order will be automatically released for processing and not available for revision. Any additions made to a Purchase Order on the days following the order will be processed as a new order. It is Chilewich’s policy not to cancel or add items to a shipment once the order is packed; however, if changes to an order that has already been packed for shipment are unavoidable and can be made by Chilewich, in its sole discretion, a fifteen percent (15%) re-stocking fee will be applied to your account.
Cancellation - You may cancel your order within twenty-four (24) hours from receipt of your order confirmation. After that, any request to cancel your order is at Chilewich’s sole discretion. Chilewich reserves the right to cancel your order at any time for any reason. In the event that Chilewich cancels your order after you have made payment, payment will be refunded via the original payment method.
Product Diversion - Diversion of Chilewich products damages Chilewich’s brand, goodwill, and existing relationships with distributors and other sellers. You agree to sell Chilewich products only in the country in which you are located and only to authorized purchasers. You may only place orders in reasonable quantities. Chilewich reserves the right to require you to provide information about the intended use of the Chilewich products that are the subject of your order. Chilewich also reserves the right to refuse to fulfill a product order for any reason.
Warranty – Chilewich warrants its products for one (1) year after purchase against manufacturing defects that result in a deterioration of product texture or appearance. This warranty does not cover deterioration from normal wear and tear or your failure to care for Chilewich products according to our current maintenance instructions. Our maintenance instructions can be found on our website at http://maintenance.chilewich.com.
Note to Our Hospitality Customers - If you order items from the Chilewich Wholesale Catalog, which are not featured in our Hospitality Catalog, you acknowledge that such items are not recommended for use in hospitality and you waive your right to return such items should they not hold up to hospitality use.
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.
Limitation of Liability - EXCEPT AS SET FORTH ABOVE, CHILEWICH EXPRESSLY DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL CHILEWICH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR PURCHASE OR ANY ORDER CANCELLATION, 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 for its specific purpose. 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.
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.
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 firstname.lastname@example.org 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.
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.
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.
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.
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 email@example.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 firstname.lastname@example.org 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