Odegard Carpets receives and may store any information a reader, user, browser, or customer (“you”) enters on or gives to odegardcarpets.com. For example, we collect information you provide when you place an order, request to open a designer account, send an e-mail, or call us. Any and all information collected on or through Odegard Carpets website is kept strictly confidential and will not be sold, rented, disclosed, or loaned.
CONSENT TO COMMUNICATIONS
By communicating with Odegard Carpets electronically (including through e-mail and the Odegard Carpets website), you are consenting to be contacted electronically by Odegard Carpets and our affiliates. By furnishing Odegard Carpets with your mailing address, you are consenting to receive notification by mail of events and sales held in or available to residents of your area/geographic region.
Use of Odegard Carpets website denotes your agreement that all notices, disclosures, agreements, and other communications we provide electronically (including on this website) satisfy any legal requirement of communication of policies relevant to use of the intended functions of this website or the website of any of our affiliates.
CARPET APPEARANCE AND DESCRIPTIONS
Although each image is of an individual rug, we do not guarantee that the images and descriptions provided are error-free, or that your particular rug will be exactly as pictured in the image. The colors of the rugs depicted on the Odegard Carpets website should be regarded as approximations only. Color accuracy may vary even further according to the calibration and quality of the video monitor on which the website is being viewed.
PURCHASE AND RETURN POLICY
When you purchase a carpet through the odegardcarpets.com, Odegard Carpets will charge the price of the carpet on your credit card. Odegard Carpets will then ship your carpet by UPS, and will, upon shipment, provide you with the UPS tracking number via the e-mail address that you provide. Although we expect that the carpets will be delivered to you within 10-15 days, we are not responsible for any delays caused by anyone other than Odegard Carpets.
Once you receive the carpet, you will have seven days in which to examine it. If you want to return the carpet for any reason, you must notify Odegard Carpets within this seven day period, or Odegard Carpets will not be required to accept its return.
If you decide to return the carpet, you must return it in the same condition as when you received it. It is mandatory that rug tags stay attached to the carpets, and Odegard Carpets is under no obligation to accept return of any carpet without the original rug tags. Until a carpet is actually received by Odegard Carpets, you are solely responsible for any loss or damage, including (but not limited to) loss or damage incurred through fire, theft, flooding, negligence, or other causes. If the rugs are returned in a condition that renders them unsalable, you agree to purchase the carpet at the original price, and you will not receive a credit. Any damages or loss during shipping are covered by UPS, not Odegard Carpets.
In order to facilitate return, please keep the provided packaging materials from the carpet’s initial shipment. Odegard Carpets will issue instructions with a Return Authorization and UPS pick-up information. You are not to send a carpet back to Odegard Carpets until you have received these instructions.
Odegard Carpets warrants that the carpet shall be free from defects in workmanship or materials.
Odegard Carpets, at its sole cost and expense, shall replace any carpet which is defective in workmanship or materials without cost to you or, at Odegard Carpets discretion, make a price adjustment to such carpet. Odegard Carpets are hand-made and unique, and are likely to contain variations in color, size, texture, markings and other aspects related to the materials used. Such variations in Odegard Carpets are natural and do not, for that reason, render a carpet defective.
SALE AND AVAILABILITY
All sales are final. We will not process your order or charge you for a carpet you order unless availability is guaranteed. Availability of rugs pictured on the website will be confirmed at time of order.
Odegard Carpets does not include rug pads with purchased rugs. Odegard Carpets can provide precut pads with a purchased carpet for $2.00 per square foot.
Without exception, the carpet designs depicted and/or described on Odegard Carpets website are the sole intellectual property of Odegard Carpets, and may not be copied, adapted, altered, transferred, used as patterns, or sold without the express written permission of Odegard Carpets.
Odegard Carpets retains all rights, title, and interest in and to all content (including without limitation: any text, music, sound, photographs, video, images, illustrations, icons, graphics, headers, typefaces, data, inventory information, databases or software, and coding) that appears on the Odegard Carpets website.
Odegard Carpets website is protected by U.S. and international copyright law. No right, title, or interest to any portion of the Odegard Carpets website is transferred to you by your use of the Odegard Carpets website. You may copy limited portions of Odegard Carpets website solely by page caching or printing and solely for personal, noncommercial use, provided that (i) you do not make the Odegard Carpets website available to any third party and (ii) you do not remove any proprietary notice from the Odegard Carpets website, or alter them any way. You may not: modify, delete, add to, or create derivative works of the Odegard Carpets webiste. You may not publish, distribute, transmit, broadcast or frame the Odegard Carpets website in any manner; copy or post the Odegard Carpets website for public display; collect, re-purpose or reuse any data or product listings contained in them; sell or attempt to sell them; exploit them for your own purposes; or make derivative use of the Odegard Carpets website or their contents. You agree to use the Odegard Carpets website and all related services only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of the Odegard Carpets website in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. Linking to the Odegard Carpets website via redirect or links is strictly prohibited.
The parties consent to the exclusive jurisdiction of the United Supreme Court of the State of New York, County of New York, with respect to any dispute concerning the interpretation or performance of this Agreement.
EXCEPT AS EXPRESSLY HEREIN STATED, ODEGARD CARPETS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ODEGARD CARPETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), OR FOR THE BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR OTHERWISE, ANY IMPLIED WARRANTIES, OR FOR ANY OTHER OBLIGATION OR LIABILITY ON ACCOUNT OF THE PRODUCTS COVERED BY THIS AGREEMENT.
ODEGARD CARPETS DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.