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Acceptance of Terms
This website, or any replacement site (collectively, the “Website”), is operated by Chilewich Sultan LLC (“Chilewich”) to provide you with information about our company, history, news, and products, and the opportunity to purchase these products from our online store. Chilewich provides you with access to our Website subject to the following Terms and Conditions, which may be updated from time to time without prior notice to you.
You can review the most current version of these Terms and Conditions at any time at: www.chilewich.com/pages/terms-and-conditions. Please read these Terms and Conditions carefully. By accessing this Website, you agree that you have read and understand these Terms and Conditions and any posted updates, and that you accept and agree to be bound by them. If you do not wish to be bound by these Terms and Conditions, please discontinue using the Website.
Registration
You may browse the Website without registration, but you understand that some features of the Website may not be accessible to you unless you register. In registering for the Website, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and (c) certify that you are at least 13 years old. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Chilewich has reasonable grounds to suspect this, Chilewich has the right to suspend or terminate your account and to refuse any further use of the Website by you.
Account & Password
As part of the registration process, you will receive a username and password. You are responsible for maintaining the confidentiality of your password and account, and all activities that occur in connection with these. You agree to immediately notify Chilewich of any actual or suspected unauthorized use of your password and/or account, or any other breach of security. Chilewich will not be liable for any loss or damage arising from your failure to protect the confidentiality of your password and/or account.
Protection of Privacy
Information you give to Chilewich about yourself is subject to our Privacy Policy, which is incorporated into these Terms and Conditions. We encourage you to read and understand our privacy practices before continuing. By agreeing to these Terms and Conditions, you are also consenting to our use of your personal information in accordance with our Privacy Policy.
If you are a resident of Canada, personal information collected through the Website may be transferred to, processed, and stored in the United States or other jurisdictions outside of Canada. By using the Website, you consent to such cross‑border data transfers in accordance with our Privacy Policy and applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).
Products for Personal Use
All products available on the Website and any samples thereof are for personal, non-commercial use only. You may not resell any of the products that you purchase or receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of product ordered, in our sole discretion, if we determine your order violates our Terms and Conditions. If you are a wholesaler or retailer interested in purchasing items in bulk, please contact our Customer Service team at 888-851-7130.
Product Descriptions
Chilewich attempts to be as accurate as possible when describing its products and when depicting these products on the Website. Product colors may look different depending on your computer settings.
Limited Product Warranty
Subject to the disclaimers of warranties set forth below, 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. Maintenance instructions can be found on the Website.
For residents of Canada, this warranty is provided in addition to any statutory warranties or conditions available under applicable provincial or territorial consumer protection laws, which cannot be excluded or limited.
Disclaimers of Warranties
To the extent permitted by applicable law, the Website is provided on an “as is” and “as available” basis, unless otherwise specified in writing. With respect to the Website (including but not limited to the operation of the Website or the information, content, materials, product descriptions, and services described through the Website) and the products offered for sale on it, Chilewich makes no representations or warranties (apart from those explicitly set forth above) of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. 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.
Some jurisdictions, including Canada, do not allow the exclusion or limitation of certain warranties or conditions. Accordingly, the above exclusions may not apply to you, and you may have additional rights under applicable consumer protection legislation.
Intellectual Property Rights
You acknowledge and agree that the Website and its contents, including, but not limited to, all photographs, information, data, text, product descriptions, software, music, sound, graphics, video, messages, tags and/or other materials (collectively, the “Content”) are proprietary or confidential information that belongs exclusively to Chilewich and is protected by applicable copyright, trademark, trade secret, patent, or other proprietary rights and laws. You are not authorized to reproduce, republish, distribute, transmit, modify, sell, or otherwise use the Content, or to create derivative works based on the Content, in whole or in part, without Chilewich's express written authorization. Without limiting the foregoing, you are not authorized to use the Content in order to gain a competitive advantage, for marketing purposes (including third-party solicitations), to harass, abuse, or harm others, or in a way that otherwise exceeds the scope of your authorized access to the Website. In addition, you are not authorized to use, access, search, or obtain data from the Content of the Website by using any deep-link, framing, page scrape, robot, spider, or other automatic device, program, algorithm, or similar methodology. Chilewich grants you a personal, non-transferable, and non-exclusive right and license to use the Content on a single computer for non-commercial purposes only and subject to all other Terms and Conditions herein. Any unauthorized use terminates the permission or license granted by Chilewich.
The Chilewich, TerraStrand, and Chilewich | Sultan names and associated product names are trademarks or registered trademarks of Chilewich (the “Chilewich Marks”). You are not authorized to display or use in any manner any Chilewich Mark without our prior written consent.
The product designs and product materials used for Chilewich's products are the exclusive property of Chilewich and are protected by applicable copyright and other proprietary rights and laws. You are not authorized to reproduce, sell, or otherwise use these designs or materials, in whole or in part. Chilewich takes its intellectual property rights seriously and monitors for and vigorously pursues any infringers.
Information Sent to Us
We welcome and encourage your feedback, but please do not submit any proprietary or confidential information, suggestions, or materials via email, our Website, or any other method. We will not compensate you for use of any submissions. By submitting such materials, you grant Chilewich a perpetual, worldwide, irrevocable, royalty-free license to use those materials in any way Chilewich deems appropriate. You expressly agree that you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), and you will solely bear any liability related to your submission of such materials.
User-Submitted Content & User Conduct
Any content you have made available to us, whether uploaded, posted, submitted, or otherwise provided to us or on the Website, including without limitation your reviews of products, content from your social media account(s), or any other content which does not originate with us (“User Content”), is your sole responsibility. You represent and warrant that you own any User Content or have permission to provide any User Content that you make available to us. Under no circumstances will Chilewich be liable in any way for any User Content made available on or through our Website.
Chilewich does not claim any copyrights in original works created and/or posted by you. However, by uploading, posting, transmitting, or otherwise making any User Content available on or through the Website or social media, you are granting us, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.
We may not moderate all product reviews or User Content on certain areas of the Website, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any publicly available User Content.
You agree that you will not use our Website to transmit or make available any content that:
You further agree not to use our Website to:
In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting the Website, servers or networks connected thereto (e.g., using a bot to overload our product review feature). We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move, or remove any User Content that is posted on the Website or prohibit your access to our Services in the event of a violation of these Terms and Conditions.
Notification of Claimed Copyright Infringement
In the event that you find content posted on the Website that you believe is an infringement of the copyright ownership or other intellectual property rights of yourself or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
Please send your notice of alleged infringement to us at one of the following addresses.
By mail:
Chilewich Copyright Admin
39 West 19th Street, 11th Floor
New York, NY 10011
By email:
copyright@chilewich.com
In accordance with the Digital Millennium Copyright Act (DMCA), it is our policy to terminate use of the Website by repeat infringers in appropriate circumstances. We reserve this right for all users, regardless of their geographic location.
Indemnification
Unless otherwise prohibited by law, you agree to defend, indemnify and hold Chilewich and its subsidiaries, affiliates, officers, directors, employees, agents, and partners harmless from and against any and all claims, actions, liabilities, costs, or damages (including reasonable attorneys’ fees) asserted by any third party arising from or related to your misuse of this website or your misconduct in connection therewith in violation of these terms and conditions.
Links to Other Sites
Chilewich does not make representations or warranties about any website that you may be able to access through the Website. Chilewich does not endorse, monitor, or assume any liability for the information provided or activities undertaken by any such website.
Waiver
Chilewich’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Governing Law
Except where prohibited by law, these Terms and Conditions shall be governed by the laws of the State of New York, without regard to its conflict of law principles.
For residents of Canada, these Terms shall be governed by the laws of your province or territory of residence, and you may bring claims before the courts of competent jurisdiction in that province or territory.
Limitations on Period to Bring Claims
Any claims relating to the use of the Website or purchase of any products offered on the Website must be brought in arbitration (as set forth below) within one (1) year from the date the cause of action arose.
Arbitration and Class Action Waiver
Important Notice for residents of Canada: The arbitration and class action waiver provisions below may not apply to you where prohibited or restricted by applicable Canadian law.
Any dispute or claim relating in any way to your use of the Website or purchases of any products made through the Website shall be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. By participating in arbitration, you also waive your right to sue or to go to court to secure relief.
The arbitration will be conducted in New York, New York, and be administered by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
To the extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis, and not in a class, consolidated, or representative action.
In the event that this arbitration provision is deemed to be unenforceable by any court, all actions must be brought in the courts located in the State of New York, County of New York.
Mobile Terms of Service
The current Mobile Terms of Service may be viewed here.
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Chilewich A+D Terms & Conditions
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 seven (7) days of receipt of goods. Defective product claims must be made within 30 days from the invoice date.
To initiate a Shipping Claim or Product Claim, please contact customerservice@chilewich.com.
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 up to three (3) weeks for issue.
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 10 business days, shall incur a daily storage fee of $50, charged on the invoice, for as long as the order remains idle and until it leaves the Chilewich warehouse.
Return Policy
A+D 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.
Chilewich A+D Return Policy by Product
Flooring: 50% restocking fee plus return freight cost
Wall Textiles: 50% restocking fee plus return freight cost
Fabric: 50% restocking fee plus return freight cost
Custom Rugs/Mats: No returns accepted
Accessories: No returns accepted
To obtain a Return Request form, please contact customerservice@chilewich.com. 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 up to three (3) weeks for issue.
Cancellation Policy
You may cancel your order within four (4) business days from the date of your order confirmation. After that, order cancellation is at Chilewich’s sole discretion and may be subject to a restocking charge.
Collection Fees
Any action taken to enforce collection of any balance due, including any check returned unpaid, is subject to additional collection and/or attorney fees and costs, in addition to any applicable interest and/or late payment charges.
Roll & Tiles: Sizes & Quantities
We fulfill orders with the maximum roll size possible, up to 100 linear feet, but roll sizes are not guaranteed. The minimum roll size will be 6 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 can be shipped, though order sizes have to be rounded up to the nearest tile (each tile is 2.25 square feet).
Fabric Seams & Shading
Chilewich products are woven, which means that seams may be visible in rolls, rugs, and wall textiles. There will also be shade variations within the fabric due to the nature of weaving.
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Chilewich F&B Terms & Conditions
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.
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 five (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 only accepts returns that have been authorized by the Chilewich Sales Department. Once a return has been authorized, you will be issued a Return Authorization.
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 15% restocking charge will apply, plus return freight.
Final Sale
All custom goods are made on a final sale basis: they are not eligible for return or exchange.
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 30 days of the invoice date. Any 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 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 15% restocking fee will be applied to your account.
Cancellation
You may cancel your order within 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.
Third-Party Marketplaces
Resellers are not authorized to resell Chilewich products through third-party marketplaces, including, but not limited to, Amazon and eBay. Chilewich reserves the right to stop supplying resellers who ignore this notice.
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. Maintenance instructions can be found on the Website.
Orders of Non-F+B Chilewich Products
If you order Chilewich items that are not part of the Chilewich F+B collection, you acknowledge that such items are not recommended for use in hospitality/foodservice settings and you waive your right to return such items.
Collection Fees
Any action taken to enforce collection of any balance due, including any check returned unpaid, is subject to additional collection and/or attorney fees and costs, in addition to any applicable interest and/or late payment charges.
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Chilewich Wholesale Terms & Conditions
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.
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 five (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 15% restocking charge will apply, plus return freight.
Final Sale
All custom goods and/or international sales are made on a final sale basis: they are not eligible for return or exchange. Customers are responsible for ensuring that products ordered comply with local regulations and meet their needs prior to purchase. Shipping fees, duties, taxes, brokerage fees, and any other charges incurred for international shipments are non-refundable.
MAP Policy
Chilewich believes that both its interests and the interests of its wholesale partners/retailers are best served by adherence to a Minimum Advertised Price (MAP) Policy. This policy applies to all Chilewich wholesale partners/retailers, whether Chilewich products are sold through websites, brick-and-mortar stores, catalogs, or any other channel of trade. The MAP Policy provides that each retailer may not advertise the sale of Chilewich products at prices less than the Suggested Retail Price published in the Chilewich Wholesale Line Sheet or elsewhere by Chilewich. Advertising includes, but is not limited to, website published statements, banner ads, social media postings, newspaper printed ads, inserts, flyers, newsletters, catalogs, television, radio, and public signage. Website advertising shall not imply that a price below a Minimum Advertised Price will appear in a shopping cart (but a price that appears in the shopping cart without prompting does not violate the Chilewich MAP Policy).
The MAP Policy shall not in any way limit a retailer’s absolute right to establish and offer, at its sole discretion, the retail prices for Chilewich products.
The MAP Policy shall not apply to approved and announced Chilewich promotional periods during which a retailer may advertise Chilewich products at prices below the Suggested Retail Price, if (i) the advertisement occurs during the Chilewich-approved promotional window, (ii) promotional prices only apply to the retailer’s on-hand inventory, and (iii) the advertised price of the promotional discount by the retailer is not greater than the discount off the Suggested Retail Price advertised by Chilewich through any of its own promotional advertising for any specific Chilewich product or category.
Chilewich products identified as “discontinued” or “closeout” are exempt from the MAP Policy provided that they are clearly identified as prior season or discontinued and their sale is not bundled with in-season Chilewich products.
Chilewich may modify the MAP Policy in whole or in part and designate the promotional periods or designate other periods during which the MAP Policy is not in effect. The MAP Policy is not an agreement between Chilewich and the retailer that the retailer will comply with the MAP Policy. No personnel of Chilewich other than executive management representatives are able to approve exceptions to the MAP Policy. Chilewich will not negotiate with any retailer regarding the MAP Policy nor respond to any retailer with respect to the conduct of any other retailer.
If a retailer chooses not to comply with the MAP Policy, Chiewich reserves the right to suspend or terminate the retailer’s account with Chilewich, during which Chilewich will neither ship any outstanding orders nor accept any new orders.
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 30 days of the invoice date. Any restocking and/or 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 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 15% restocking fee will be applied to your account.
Cancellation
You may cancel your order within 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.
Third-Party Marketplaces
Resellers are not authorized to resell Chilewich products through third-party online marketplaces, including, but not limited to, Amazon and eBay. Chilewich reserves the right to stop supplying resellers who ignore this notice.
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.
Protection of Privacy
For residents of Canada, personal information collected through the Website may be transferred to, processed, and stored in the United States or other jurisdictions outside of Canada. By using the Website, you consent to such cross‑border data transfers in accordance with our Privacy Policy and applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).
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. Maintenance instructions can be found on the Website.
Collection Fees
Any action taken to enforce collection of any balance due, including any check returned unpaid, is subject to additional collection and/or attorney fees and costs, in addition to any applicable interest and/or late payment charges.
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Additional Terms
Your use of certain features of the Website may be subject to additional terms. For example, if you purchase a product from us through the Website, it may be subject to our Returns & Refunds policy and our Shipping Policy. Chilewich may offer promotions or contests through the Website from time to time, and your participation in these may also be subject to additional terms. To the extent additional terms affect your use of the Website, those terms (including our Privacy Policy) are hereby incorporated by reference into these Terms and Conditions.
Contact Information
For further information about the terms and conditions detailed above, please contact us.
By phone: 888-851-7130
By email: info@chilewich.com
