LAST UPDATED: October 25, 2022
This Agreement is between you and ViA Rugs (“ViA” or “we”) concerning your use of (including any access to) the website currently located at https://www.viarugs.com and any other websites that we own and control and which contains a link to this Agreement (together with any materials and services available therein, and successor site(s) thereto, the “Sites”).
This Agreement hereby incorporates by this reference any additional terms and conditions posted by ViA through the ViA website https://viarugs.com or otherwise made available to you by ViA. Your use of the ViA website https://viarugs.com is governed by this Agreement regardless of how you access the ViA website https://viarugs.com, including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network, or otherwise.
BY USING THE ViA WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE ViA WEBSITE HTTPS://ViARUGS.COM ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT AS FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
Changes. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the ViA website https://viarugs.com. Any such changes will become effective on the “Last Updated” date indicated above, and such changes will not apply to any dispute between you and us arising prior to such date on which the revised Agreement incorporating such changes became effective or otherwise notified you of such changes.
Your use of the ViA website https://viarugs.com following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last amended. We may, at any time and without liability, modify or discontinue all or part of the ViA website https://viarugs.com (including access via any third-party links); charge, modify or waive any fees required to use the ViA website; or offer opportunities to some or all users.
Jurisdictional Issues. ViA Website https://viarugs.com is controlled or operated (or both) from the United States and are not intended to subject ViA to any non-U.S. jurisdiction or law. The ViA Website https://viarugs.com may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the ViA Website https://viarugs.com is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the ViA Website https://viarugs.com availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.
Products. The ViA Website https://viarugs.com may make available listings, descriptions, and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by ViA or by third parties. The availability through the ViA Website https://viarugs.com of any listing, description, or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the possession, use, and sale of any Product.
Transactions. We may make available the ability to purchase or otherwise obtain certain Products through the ViA Website https://viarugs.com or through other sales channels such as telephone orders or mail orders (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, and your shipping information (“Payment Information”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for the purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the ViA Website https://viarugs.com, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
Our third-party payment service providers and we may request and may receive from any of your payment card issuers or any payment card network updated payment card information, such as cancellation of any payment card account or updated payment card numbers or expiration dates. If such updated information is provided to us and/or any of our third-party payment service providers, we may use that information to process any payment that you have authorized us to charge to a such payment card, including payment for any outstanding balances owed by you on any purchase. By using the ViA Website https://viarugs.com and accepting this Agreement, you hereby authorize ViA and its third-party payment service providers to update your payment card information and charge your payment card using any such updated payment card information. Your payment card issuer may allow you to opt-out of providing updated card information. For more information, please contact your payment card issuer.
Restrictions. ViA reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any Transaction; to cancel any Transaction even after it has been placed online through the ViA Website https://viarugs.com. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any products or services obtained through a Transaction unless we have provided our express prior written consent for you to do so.
Consent Agreement for Storing Payment Information. You agree that we may store your Payment Information following your completion of a Transaction. We will only use Payment Information to finalize complete payment for any Product purchased online though the ViA Website https://viarugs.com. You may withdraw your consent permitting ViA to store your Payment Information by adjusting your settings in “My Account”. Any changes to the terms of this consent permitting ViA to store your Payment Information will be communicated to you as described in Section 1 of this Agreement.
Refunds & Exchanges. Refunds and exchanges will be subject to ViA’s applicable refund and exchange policies. In the event that you have received a refund, an exchange and/or a temporary replacement Product for Product purchased through a ViA Site and you have not returned that Product and/or the temporary replacement Product to us within ten (10) business days after you have received a refund, or you received a refund that was greater than the amount you paid, then you agree that we can hold and not process any pending and/or any future orders from you until we have received the Product or full payment from you. You also agree that if a Product for which you received a refund or exchange, or a temporary replacement Product is not returned to us within ten (10) business days after you are issued a refund, then we may utilize your current or future Payment Information to re-charge you for that Product at any time. In-Stock Rugs: In-Stock rugs can be returned to us within 14 days of receiving a refund or credit. The refund will be equal to the price of the rug minus a 15% restocking fee. Shipping, handling, and insurance charges are not refundable. The customer must return the rug in perfect, unused condition. The customer is responsible for shipping the rug back and must ensure it is packed, backed, and returned undamaged. Made-to-order/custom or cut-to-order rugs and carpets (special orders): We cannot cancel, refund, or exchange special orders unless they have verified manufacturing defects. All special orders are considered final. Once an order is placed, the customer is responsible for 100% of the invoice value. Please note that lead times are estimates only. While we work very closely with our manufacturers and do our best to estimate production times due to factors beyond our control, such as weather, natural disasters, sicknesses, labor shortages, and manufacturing delays, as well as shipping and freight delays. We do not guarantee lead times.
Trade Customers; Contract Customers. If you are a trade customer as determined by ViA, then, in addition to this Agreement, the Trade Terms & Conditions will apply to you and your Transactions as a trade customer; such additional terms and conditions are generally made available in connection with the registration process for trade customers. If you are a contract customer as determined by ViA, then, in addition to this Agreement, the Contract Terms & Conditions will apply to you and your Transactions as a contract customer; such additional terms and conditions are generally made available in connection with the registration process for contract customers.
To the extent of any conflict between the terms and conditions of this Agreement and those of the Trade Terms & Conditions or the Contract Terms & Conditions, those of the Trade Terms & Conditions and the Contract Terms & Conditions will govern.
Prices and Sales Tax. All prices in the shop are excluding sales tax. If the shipping address is the state of New York, California, Connecticut or Illinois, we will add sales tax at the checkout.
Shipping Restrictions. Alaska, Hawaii or Puerto Rico: contact us to receive a quote and delivery time. Shipments to these locations do not qualify for free shipping. Remote locations: For remote locations that are not within our freight partners route, we reserve the right to contact the customer before the order is sent and quote the shipping. Shipments to these locations do not qualify for free shipping and can have a slight increase in delivery time.
Late Delivery. ViA Rugs does not offer any compensation in case of delayed deliveries. The delivery times are only estimates.
Registration; Usernames and Passwords. You may need to register to use all or part of any ViA Website https://viarugs.com. We may reject, or require that you change, any username, password, or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you, and not ViA, are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or account for any ViA Website https://viarugs.com.
Rules of Conduct. In connection with the ViA Website https://viarugs.com, you must not:
You are responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to use the ViA Website https://viarugs.com.
Limited License. Subject to your compliance with this Agreement, and solely for so long as you are permitted by ViA to use the Sites, you may view one (1) copy of any portion of the Sites to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use.
ViA’s Proprietary Rights. Our suppliers and we own the Sites and Apps, which are protected by proprietary rights and laws. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Apps and remove (that is, uninstall and delete) the Apps from your mobile device. All trade names, trademarks, service marks, and logos on the ViA Website https://viarugs.com not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours or in any manner that is likely to cause confusion. Nothing contained on the ViA Website https://viarugs.com should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
Third-Party Materials; Links. Certain functionality of the ViA Website https://viarugs.com may make available access to materials made available by third parties (“Third Party Materials”) or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third-Party Materials. We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third-Party Materials or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by ViA with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the ViA Website https://viarugs.com at any time. In addition, the availability of any Third Party Materials through the ViA Website https://viarugs.com does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS).
DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE ViA WEBSITE HTTPS://ViARUGS.COM AND ANY PRODUCTS AND THIRD-PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; AND (B) ViA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE ViA SITE HTTPS://ViARUGS.COM AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, RESTAURANTS, OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS SECTION 14 DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE ViA SITE HTTPS://ViARUGS.COM.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH ViA AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
While we try to maintain the timeliness, integrity and security of the ViA Website https://viarugs.com, we do not guarantee that the ViA Website https://viarugs.com are or will remain updated, complete, correct, or secure or that access to the ViA Website https://viarugs.com will be uninterrupted. The ViA Website https://viarugs.com may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the ViA Website https://viarugs.com.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: ViA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED ViA THE ViA SITE HTTPS://ViARUGS.COM (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) ViA WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE ViA SITE HTTPS://ViARUGS.COM. OR FROM ANY PRODUCTS OR THIRD-PARTY MATERIALS; (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE ViA SITE HTTPS://ViARUGS.COM. OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE ViA SITE HTTPS://ViARUGS.COM.; AND (C) THE MAXIMUM AGGREGATE LIABILITY OF ViA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO ViA TO USE THE ViA SITE HTTPS://ViARUGS.COM; AND (2) TEN U.S. DOLLARS ($10).
ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH ViA AND THE AFFILIATED ENTITIES.
The applicable law in states other than New Jersey may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless ViA and the Affiliated Entities from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, any of the ViA website https://viarugs.com; and (b) any violation or alleged violation of this Agreement by you.
Termination. This Agreement is effective until terminated. ViA may terminate or suspend your use of any or all of the ViA website https://viarugs.com at any time and without prior notice, including if ViA believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the ViA website https://viarugs.com will immediately cease, and ViA may, without liability to you or any third party, immediately deactivate or delete your username, password and account(s), and all associated materials, without any obligation to provide any further access to such materials. Sections 2 through 9 and 11 through 24 shall survive any expiration or termination of this Agreement.
Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ViA, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT ViA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearance unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such a determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have the authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies, and if the law allows, they can seek relief against us for you.
Filtering. We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that ViA does not endorse any of the products or services listed on such site.
Information or Complaints. If you have a question or complaint regarding the ViA website https://viarugs.com, please contact us by visiting https://viarugs.com/contact Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and ViA. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation”. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and ViA relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and ViA relating to the such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the ViA website https://viarugs.com or by email (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. ViA will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
California Transparency in Supply Chains Act (SB 657) Disclosure. ViA is providing the following disclosure in compliance with The California Transparency in Supply Chains Act of 2010 (SB 657), which requires that companies disclose their efforts to eradicate slavery and human trafficking from their direct supply chains.
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