Last Update: August 31, 2021
We reserve the right to modify or discontinue the Site and Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and Services. If you object to any such changes, your sole recourse will be to contact us to discuss available options depending on the status of your order and/or account. Continued use of the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified.
RENOVATION KIT, SAMPLE SET AND ONLINE DASHBOARD
Our Services are not substitutes for professional design services offered by a licensed Architect or Interior Designer ("Design Professional"). The compatibility of products for your project must be independently verified by you, your Design Professional, and/or your Contractor. Your Sample Set includes samples of select products contained in your Renovation Kit and ninety (90) days of access to the Online Dashboard. The samples contained in the Sample Set provide approximate representations of the texture and color of product finishes in the Renovation Kit. Actual product's finish may vary. Samples are not available for all products. The product information posted on the Online Dashboard are abridged summaries about a product's appearance, size and/or function. Additional product information is available on the Online Dashboard and after placing a Deposit for Purchase Order(s).
Ordering a Sample Set does not require you to place a Deposit, commit to a Purchase Order, or to engage in other Services offered by Room by Color.
PURCHASE ORDER, COORDINATION AND DELIVERY
Purchase Orders issued by Room by Color follow the agency relationship between you and Room by Color. You understand that you are not purchasing products from Room by Color. Rather, you are purchasing from third party vendors independent of Room by Color, and the vendors remain responsible for their obligations in their sale contracts with you. By fully funding the Purchase Order issued by Room by Color, you grant us the authority to (1) purchase products in the Purchase Order on your behalf; (2) enter into contracts with third party vendors on your behalf toward procuring the products in the Purchase Order; and (3) withhold funds as payment for our services consistent with our compensation terms.
Room by Color reserves the right to benefit from financial arrangements and professional trade programs offered by any third party vendor, including any discounts, coupons or special pricing. We reserve the right not to disclose the terms and details of such arrangements or programs.
Room by Color requires a nonrefundable monetary commitment ("Deposit") prior to starting Purchase Order(s) for the Renovation Kit. The Deposit is credited to the final Purchase Order balance and extends your access to the Online Dashboard until the completion or resolution of all Purchase Orders for your selected Renovation Kit. Any outstanding Purchase Order remaining unpaid beyond ninety (90) days of the Deposit is subject to cancellation and your forfeiture of the Deposit. Until the balance for the Purchase Order is fully received, we make no guarantee of the availability of any product in the Purchase Order.
In processing a Purchase Order, Room by Color may contract with third party vendor(s) for assembly or delivery services. We track and coordinate the delivery of each product from their respective vendor to you. You are responsible for hiring a Mover (who may also be your Contractor) to receive any curbside deliveries (a.k.a. "Sidewalk Deliveries") and safely transport them to a designated storage area. You are responsible for immediately inspecting all deliveries upon arrival for damages prior to accepting the deliveries, and to document any damages and report them immediately to us and to the delivery company. Room by Color is not liable for any damages incurred by the vendor or the vendor's delivery company.
You are responsible for obtaining all necessary approvals to safely transport or store the delivered products. Room by Color is not responsible for additional costs, delays, damages, or penalties resulting from your failure to hire a qualified Mover or your failure to obtain the necessary approvals. You and your Mover are responsible for all associated moving and storage costs, including but not limited to costs associated with labor, equipment, storage, permits, and insurance. You are responsible for following the appropriate care and storage instructions from the vendor or manufacturer. Please contact us if you need assistance obtaining those instructions.
Room by Color does not warrant any product purchased through us. Immediately document and report to us all damages or defects upon discovery so we may promptly assist you in finding a resolution.
Our Expert Services refer you to licensed and insured Contractors and/or Architects and are available for customers who commit a Deposit toward a Renovation Kit offered by Room by Color. We do not warrant the quality or performance of the services performed by any Contractor or Architect regardless if the Contractor or Architect is referred by us. All services are finalized by separate contract with the relevant professional.
ACCEPTING ORDERS AND OUR RIGHT TO SUSPEND, MODIFY OR CANCEL
The receipt of an order from you, whether it be for the Sample Set, Purchase Order (with a Deposit) or Expert Service, does not constitute the acceptance or availability of the order by Room by Color. Verification of information or qualifications may be required prior to the acceptance of an order. Room by Color reserves the right, in our discretion, to limit, postpone or cancel an order for any reason, or to suspend your account, your use of the Services, as necessary to protect the security or operation of the Services. Your order status, including acceptances, postponements, or cancellations, are communicated through your registered email. Your full payment and our successful delivery of each Sample Set or Purchase Order constitutes a completed transaction.
Room by Color makes no guarantee that the products and materials represented in the Sample Set are available at the time of the Purchase Order. If you find the estimated delivery date for a specific product unacceptable, you must contact us within twenty-four (24) hours of receiving the estimated delivery date to modify the Purchase Order. Room by Color reserves the right to make modifications or substitutions for each Purchase Order. You may decline the modifications or substitutions initiated by us within forty-eight (48) hours of receiving notice from us. You acknowledge that modifications to the Purchase Order may require price adjustments and fees, and may suspend the Purchase Order partially or entirely until price adjustments and/or additional balances are paid in full. Room by Color is not responsible for project delays or other consequences resulting from the cancellation, suspension, or modification of the Purchase Order.
RETURN AND REFUND POLICY
Return, refund or replacement of products, whether damaged, defective or otherwise, are subject to the warranty and return policies of their respective vendor and manufacturer. At your request, Room by Color shall furnish relevant records for your claim with the vendor and/or manufacturer, and may offer additional assistance to you at our discretion. Regardless of our level of involvement, we do not guarantee the satisfactory resolution of your claim with the vendor or manufacturer. Room by Color reserves the right to retain our compensation for services already performed, regardless of any returns, refunds or other resolutions reached between you and the vendor or manufacturer.
Carefully inspect all deliveries prior to accepting and moving them into your jobsite. Immediately document and report to us all damages or defects upon discovery so we may promptly assist you in finding a resolution. Follow installation, care and warranty instructions and policies from the product's vendor and manufacturer. Installed products are typically not eligible for refunds.
Unless otherwise noted, we do not accept returns or offer refunds for successfully delivered Sample Sets. We do not refund the Deposit if you cancel a Purchase Order. Refund of the Purchase Order balance is not guaranteed if you cancel the Purchase Order after the order has commenced. Modifications to a Purchase Order may be eligible for a refund after adjusting for price and fees. Unless otherwise noted, we issue the refund within thirty (30) calendar days of our decision to issue the refund.
RULES OF CONDUCT
You agree not to (i) take any action or (ii) make available any content on or through the Site and Services that: (A) violates any third party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning or security of the Site and Our Technology in any way; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Room by Color, Our Technology, the Site, or the Services.
THIRD PARTY WEBSITES
DISCLAIMER OF WARRANTIES
Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.
LIMITATION OF LIABILITY
You acknowledge and agree that Room by Color is only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to the Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to Our Services is limited, in aggregate, to the greater of (i) the total amount of your Sample Set, or (ii) one hundred U.S. dollars (U.S. $100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation internet failures, equipment failures, electrical power failures, traffic delays, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Please read this section carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to our office. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Dispute Resolution section will continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.
Survival. This Dispute Resolution section will survive the termination of your relationship with us.
Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.
Claims Not Subject to Arbitration. For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in New York City.
Massforma Architecture, PLLC dba Room by Color
33 West 60th Street, Floor 2, New York, NY 10023