Welcome to the Westorey website, which is located at Westorey.com (The Website). The following Terms of Service (“TOS”) contain the terms that govern your use of the Web Site and Westorey.com service (as define below). These TOS describe your rights and responsibilities and what you can expect from the Westorey Service. Use of the Westorey website constitutes acceptance of these TOS.
Westorey reserves the right to add, delete and/ or modify any of the terms contains in this TOS, at any time and in its sole discretion, by posting a new agreement on the Westorey Web Site. if any modification is unacceptable to you, your only resource is not to use of the Westorey following posting of a new TOS on the Westorey Website will constitute binding acceptance of the changes.
- Use of the Site and Service Generally
(a) Westorey owns all intellectual property and other rights, title and interest in and to its site and service (except for user-provided content). Your use of the site and service does not grant you any right, title or interest to these properties, except as follows. Westorey grants you a limited, revocable license to access and use the site and service for its intended purpose: the provision of an online, on-demand, customizable merchandising solution. You may only use the site and service according to Westorey’s terms, rules, and guidelines found on its site, and Westorey may revoke this license and limit your access to the site and service.
(b) You may not:
- interfere with the site and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
- use a robot or other automated means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology;
- impersonate another person or entity;
- use any meta tags, search terms, keywords, or similar tags that contain Westorey’s name or trademarks;
- assist or encourage any third party in engaging in any activity prohibited by this agreement; or
- use the site and service to promote hate speech, obscenity, or any content that violates Westorey’s Ethical Guidelines, which Westorey may change from time to time in Westorey’s sole discretion.
- Product Sales
(a) By placing an order using Westorey’s site and service, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials with Westorey only (no contract exists between the customer and any applicable shop owner). Westorey sends an order confirmation via email to the customer. The order confirmation is not an acceptance of the offer, but only acknowledges that the order was received. The offer is only accepted when Westorey confirms that production has completed in a second email. Westorey cannot guarantee the continued availability of any products or designs found on its site.
(b) Information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogs, newsletters, ads, or price lists are purely informational. Westorey cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.
(c) Westorey reserves the right to reject orders for any reason or no reason. If Westorey rejects an order, it will notify the customer.
(d) Westorey’s performance of an order is completed when the shipment provider completes delivery to the customer’s address, according to the records of the shipment provider. If there is an interruption of delivery, and Westorey cannot replace the order in a reasonable amount of time, Westorey will notify the customer immediately.
(e) If there is a product defect or if you are dissatisfied with your order for any reason, Westorey’s return policy will apply, which Westorey may change at any time in its sole discretion.
- Delivery & Shipment
(a) Westorey warrants that it will ship orders within three weeks after orders are placed. Normally, goods are shipped within a few days and typical delivery times are 5-7 days, but in certain circumstances shipment and delivery can take up to three weeks. Customers and Westorey may separately agree to more specific delivery times and terms in a separate writing or agreement (such as a request for express shipping).
(b) Westorey will make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs which may depend on order value and shipping destinations. Shipping costs are displayed at checkout.
(a) All prices found on Westorey’s site are final, and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.
(b) For customers ordering from outside the United States, all product prices are net of local taxes and fees. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient’s country, then the customer has the sole responsibility to pay these taxes and fees.
(c) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.
(a) Customers may choose to pay by direct debit, credit card, advance payment, or other payment methods. Westorey reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.
(b) If the customer selects a payment method or provides payment information that makes it impossible or impractical for Westorey to receive payment (for example, the customer’s account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of Westorey’s own, the customer agrees that Westorey may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.
(c) Westorey may subcontract third parties to process payment.
(d) If the customer fails to pay, Westorey may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.
- Title to Products
Until Westorey receives full payment for an order and the order is shipped, title to the goods remains with Westorey. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).
(a) Westorey provides the site and service on an “as is” and “as available” basis. Westorey does not represent or warrant that the site and service or its use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. Westorey hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.
(b) Westorey may use subcontractors or third parties to provide certain elements of its site and service. You agree that Westorey will not be liable to you in any way for your use of these services.
- Data Protection
- Contact Information
Questions about the Terms of Service should be sent to us at [email protected]