×

Terms and Conditions

We provide services to you subject to the notices, terms, and conditions set forth in this agreement. Besides, you will obey the rules, guidelines, policies, terms, and conditions applicable to such services before you use them. We reserve the right to change this site and these terms and conditions at any time.

Before proceeding, please read this agreement because accessing, browsing, or otherwise using the Site indicates your agreement to all the terms and conditions in this agreement.

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under 18 years old please use this Site only under the supervision of a parent or legal guardian. Subject to the terms and conditions of this agreement, hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Decoratormall.com in advance. Any violation of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Welcome to the Decoratormall Online Store (the “Store”) provided by Lavish Land LLC, a Wyoming corporation whose principal place of business is at 30 N Gould Street, Sheridan, WY 82801, United States (“Lavish Land” or “we”). Your purchase from the Store constitutes your agreement to be bound by these Terms of Sale and any terms incorporated by reference, including the Return Policy, the terms of any limited warranty offered by Decoratormall (whether online or accompanying the product) and any other applicable terms in our Warranty Center (“Terms”).

YOUR PURCHASE REQUIRES THAT YOU AGREE TO THE TERMS. IF YOU DO NOT UNDERSTAND THE TERMS OR DO NOT ACCEPT ANY PART OF THEM, DO NOT PLACE AN ORDER.

 

  1. Privacy

 

Please refer to our Privacy Policy for more information on how Decoratormall collects, uses and shares the information we receive from you.

 

Decoratormall may provide information about you to third parties to detect, prevent or otherwise address fraud, security or technical issues.

 

  1. Ordering and Payment

 

By providing a credit card or other payment method accepted by Decoratormall, you represent and warrant that you are authorized to use the designated payment method, and you authorize our third-party payment processor to charge your payment method for the total amount of your order (including any applicable taxes and other charges detailed at checkout). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.

 

Decoratormall reserves the right to reject all or part of an order or a return request and may refuse to ship products to you if we detect suspicious or fraudulent activity in violation of these Terms.

 

  1. Prices and Taxes

 

All prices displayed on the Store are subject to change at any time without notice. Applicable taxes will be presented at checkout or on the Order description page, and such taxes are estimated and may be subject to change until you are charged.

 

  1. Delivery

 

We may not be able to deliver to all locations. Please consult our Shipping Page for locations to which we will deliver your order. If Decoratormall does not ship an order to the address you provided, you will be sent a notice and you will not be charged for your order.

 

If an Order cannot be successfully delivered to you, the Order should be returned to Decoratormall. In that case and once Decoratormall receives the return shipment, you will not be charged for the Order (or charges already incurred will be reversed using the initial payment method in your Decoratormall account), but you may be charged for shipping (and such charges may not be reversed). If an Order is not successfully delivered because we or a delivery agent made a mistake, you will not be charged at all and all charges will be reversed.

 

If you do not receive your Order, please contact Decoratormall Store Support.

 

If you do not receive your order after Decoratormall has made 2 delivery attempts (for example the package has been lost or stolen before you receive it), Decoratormall may require a signature confirmation on the delivery and will replace the Order as opposed to issue a refund.

 

Any delivery dates or times provided by Decoratormall (or a delivery agent) are estimates only and are not guaranteed.

 

  1. Availability and Order Limits

 

All products offered on the Decoratormall Store are subject to availability. We reserve the right to discontinue offering certain products without prior notice.

 

Certain products have quantity limits. You may not order more than the maximum number of products that we specify on a product page or in a product description. For example, the product description or product page may contain a maximum order limit for a particular product.

 

  1. Pricing Mistakes

 

We try very hard to make sure there are no mistakes in the prices that appear on the Decoratormall Store. In the unlikely event that a mistake happens, you agree that Decoratormall will not be bound by that incorrect price and may cancel your order. If a mistake is discovered and you haven’t been charged yet, we will let you know the correct price, and you will be given the option to continue with your order at the correct price or cancel it.

 

  1. Promotions

 

Decoratormall may offer promotions or promotional prices for the sale of products. If so, any terms applicable to such promotional offers or prices will govern the offer.

 

  1. Import and Export

 

The Order may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with the Order. These laws may include restrictions on destinations, users, and end use.

 

  1. Return Policy

 

You must comply with our Return Policy here if you want to return an order for a refund.

 

  1. Defects; Warranties; Disclaimer of Warranties

 

If the product is or becomes defective through no fault of your own, you may have statutory rights such as repair or replacement of the defective product, or in some cases, a price reduction, or the right to cancel the contract for a refund. Please always refer to the manufacturer for any manufacturer warranty, as described in the Warranty Center.

 

If you have a defective product, please contact Decoratormall Store Support.

 

If the product is manufactured by a third party, Decoratormall may refer you to the applicable manufacturer of the product for support with product defects.

 

If Decoratormall provides you with a replacement, you agree that Decoratormall may exchange the defective product with a new or refurbished product. If Decoratormall provides you with an advanced replacement product before we receive your defective product, and you do not return the defective product within the time communicated to you in notification emails, you authorize Decoratormall to charge your original form of payment for the full value of the replacement product.

 

Nothing in this section affects your legal rights under statutory or applicable laws. Unless otherwise required under applicable laws, Decoratormall may only provide warranty support for products manufactured by Decoratormall that are located in a supported country, as described in the Country Availability Page.

 

OTHER THAN THE WARRANTIES REFERRED TO IN THE WARRANTY CENTER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DECORATORMALL AND THE PRODUCT MANUFACTURERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

  1. Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DECORATORMALL AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SUPPLIERS (COLLECTIVELY, “DECORATORMALL PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE ORDER OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A DECORATORMALL PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN ADDITION, IF YOU PURCHASED INSTALLATION SERVICES PROVIDED BY A THIRD PARTY ON THE DECORATORMALL STORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DECORATORMALL BE LIABLE FOR ANY DAMAGES, INCLUDING ANY PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE INSTALLATION SERVICES.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DECORATORMALL PARTIES’ TOTAL LIABILITY IN CONNECTION WITH THE ORDER OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO DECORATORMALL UNDER THESE TERMS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. DECORATORMALL DISCLAIMS ALL LIABILITY OF ANY KIND OF DECORATORMALL’S LICENSORS AND SUPPLIERS.

 

Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

  1. Store Credit and Promotional Balances

 

Prepaid Decoratormall Store credit (“Store Credit”) including courtesy credits and promotional balances, are valid only for users who are 18 years of age or older, and who are residents of the USA.

 

The Store Credit may only be used for purchases of eligible items on the Decoratormall Store. Limits may apply to redemption and use. The Store Credit is not redeemable for cash or other cards, is not refundable, cannot be combined by you with other non-Decoratormall Store balances in your Decoratormall account, and cannot be resold, exchanged or transferred for value, except as required by law. If you have insufficient Store Credit to pay for an item, you may use an additional valid form of payment to complete your transaction. Any unused Store Credit will remain in your Decoratormall Store balance, and refunds will be credited back to your Store Credit balance for future use under the same terms, unless otherwise required by law. To view your Store Credit balance, visit the account page. No fees or expiration dates apply to Store Credit.

 

Decoratormall is not responsible if Store Credit is stolen or used without your permission. Decoratormall will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Store Credit is redeemed and/or used to make purchases. Decoratormall makes no express warranties on Store Credit and disclaims all implied warranties, including warranties of merchantability or fitness for a particular purpose, on Store Credit. In the event a Store Credit is non-functional, your sole remedy and Decoratormall’s sole liability will be the replacement of such Store Credit, subject to applicable law. If you live in a state which disallows limitations of liability, disclaimers of implied warranties, or disallows the exclusion or limitation of certain damages, then some or all of the disclaimers may not apply to you, and you may have additional rights. These Store Credit terms may be subject to change in our sole discretion subject to applicable law.

 

  1. Governing Law and Arbitration. PLEASE READ THIS SECTION CAREFULLY.

 

(a) Generally. It’s in both of our interests to resolve disputes in the quickest and most cost-effective way. If any dispute arises that relates to these Terms or any Product that you purchase from the Store (regardless of the type of dispute, but subject to a few exceptions below), you and Decoratormall agree to resolve it through binding arbitration. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, but arbitrators can award the same damages and remedies that a court can award. This agreement to arbitrate is subject to and governed by the Federal Arbitration Act (“FAA”) and is intended to be broadly interpreted. It includes, for example:

 

any disputes relating to these Terms or your purchase of an Order and/or Subscription Services from the Store;

any disputes based on the product warranty or based on product defects whether or not the product is under warranty;

and this agreement to arbitrate applies:

 

whether your dispute is with Decoratormall, its subsidiaries, affiliates or parent company, or any suppliers or service providers involved with the Order, and their officers, directors, employees, agents and successors; and

regardless of the legal theory on which you base your claim (such as breach of warranty, breach of contract, negligence, etc.).

For disputes or claims relating to your Product, this agreement to arbitrate supersedes any terms regarding dispute resolution in any other agreement between you and Decoratormall and contains the whole agreement between us with respect to disputes or claims relating to your Product.

 

(b) Exceptions. However, you and Decoratormall: (i) may still bring an individual action in small claims court; (ii) may still pursue an enforcement action through a federal, state, or local agency if that action is available; and (iii) must file suit in court to address an intellectual property rights infringement claim (as set forth in Section 23(k) below). Also, nothing in this agreement to arbitrate bars either of us from bringing issues to the attention of federal, state, or local agencies.

 

(c) Rules. The American Arbitration Association (“AAA”) will administer the arbitration and will do so according to its Consumer Arbitration Rules (the “AAA Rules”). You can see the AAA Rules and filing forms online at www.adr.org.

 

(d) Process. Here are the steps you and Decoratormall agree to follow:

 

Send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (or international equivalent) or, only if the other party hasn’t provided a current physical address, then by electronic mail. Decoratormall’s address for notice is:

 

Lavish Land LLC

Legal Department – Decoratormall Store Arbitration

30 N Gould Street, Sheridan, WY 82801, United States

 

The notice has to include, if available: (i) the name of the person making the claim, (ii) the type of Product, as applicable, (iii) the serial number of the Product, as applicable, (iv) the email address used to place the Order, as applicable, (v) a description of the nature and basis of the claim, (vi) the result that is desired (e.g., an amount of money), and (vii) the case number(s) assigned by Decoratormall to track previous attempts to resolve the dispute, if there is one.

 

We each agree to try to resolve the claim, but if we can’t do that within 60 days after the notice is received, you or Decoratormall may initiate an arbitration proceeding by following the AAA Rules. Unless the parties agree otherwise, your demand for arbitration must be sent to Decoratormall’s address for notice set forth in this Section 23(d) and entitled “Demand for Arbitration.” Decoratormall will send demands for arbitration to you at the e-mail address provided in the notice of the dispute.

 

During the arbitration, the amount of any settlement offer made by you or Decoratormall may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any).

 

If you win in the arbitration and are awarded an amount that exceeds the last written settlement amount offered by Decoratormall before the arbitrator was appointed, Decoratormall will pay you: (i) the amount awarded by the arbitrator and (ii) your reasonable attorney’s fees incurred during the arbitration proceedings.

 

(e) Fees and Hearing Location. If you are the one who commences arbitration, Decoratormall will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the AAA Rules will determine who pays that fee. Unless the parties agree otherwise, any arbitration hearing will take place (at your option) in Sheridan County or the county (or parish) of your current address. However, if the claim is for $10,000 or less, you may decide whether you want the arbitration to be conducted instead: (i) only on the basis of documents or (ii) through a telephone hearing. If the arbitrator decides that either the substance of your claim or the remedy you asked for is frivolous or brought for an improper purpose, then we’ll use the AAA Rules to determine whether you or Decoratormall is responsible for the filing, administrative and arbitrator fees.

 

(f) No Class Actions. By agreeing to arbitration, to the fullest extent legally permissible, we each may bring claims relating to these Terms, your Product only in our individual capacities and not in a class action. Also, to the fullest extent legally permissible, the arbitrator can’t consolidate claims into a class proceeding either. The arbitrator may award injunctive relief only in favor of you, the individual party seeking relief, and only to the extent necessary to provide relief that is warranted by your individual claim, and not any remedy that affects other Decoratormall customers or users. However, if a court decides that applicable law precludes enforcement of any of this section’s limitations as to a particular claim for relief or remedy (such as declaratory or injunctive relief), then that claim or remedy (and only that claim or remedy) must be severed from the arbitration and must be brought in the state or federal courts located in Sheridan County, Wyoming, while the remaining claims and remedies (such as individual damages or restitution) will still be resolved through binding arbitration.

 

(g) Enforceability. All issues in the dispute are for the arbitrator to decide, except that only a court may decide issues relating to the scope and enforceability of this agreement to arbitrate, whether a dispute can be arbitrated, or the interpretation of this agreement to arbitrate. Except as provided in Section 23(f), if any provision of this agreement to arbitrate is found unenforceable, that provision will be severed and the balance of this agreement to arbitrate will remain in full force and effect. If for some reason the entirety of this agreement to arbitrate is found to be unenforceable, then it won’t apply, and you and Decoratormall agree to resolve disputes in the state or federal courts as set forth in Section 23(k). Judgment on an arbitration award may be entered by any court having jurisdiction.

 

(h) Confidentiality. The arbitrator shall honor all evidentiary privileges recognized at law, and shall enter orders as appropriate in order to protect the parties’ trade secrets or confidential information. With respect to any information exchanged between us in connection with the arbitration, we agree to maintain either party’s trade secrets or proprietary business information as confidential and to protect the confidentiality of any other information (such as private customer information) that is legally protected from disclosure. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.

 

(i) Return. You have the right to return your Product in accordance with our Return Policy as referenced in Section 16 if you don’t agree with this agreement to arbitrate. If you decide to return your Product, you must return it in accordance with the Return Policy referenced in Section 16, including within the applicable return period set forth in the Return Policy (unless a longer period is required by applicable law).

 

(j) Future Changes to this Agreement to Arbitrate. If Decoratormall makes any changes to this agreement to arbitrate (other than a change to Decoratormall’s address for notice), you may reject any of those changes by notifying Decoratormall via the process set forth in Section 23(d) within 30 days of the change. By rejecting a future change, you are agreeing to arbitrate any dispute between us in accordance with the language of the last version of the agreement to arbitrate that you accepted.

 

(k) Governing Law and Judicial Forum for Non-Arbitrable Disputes. These Terms are governed by the FAA and (only to the extent not inconsistent with the substantive and procedural provisions of the FAA), the laws of the State of Wyoming, without regard to conflicts of laws principles. The arbitrator will not be bound by rulings in other arbitrations involving Decoratormall to which you are not a party. Other than claims that must be resolved through binding arbitration (or that may be brought in small claims court), any disputes relating to these Terms or your Product (e.g. an intellectual property rights infringement claim under Section 23(b)(iii), or if the entirety of this agreement to arbitrate is found to be unenforceable by a court under Section 23(g)) will be litigated exclusively in the federal or state courts of Sheridan County, Wyoming; the parties consent to personal and exclusive jurisdiction in these courts.

 

  1. Changes to the Terms

 

The Terms in effect at the time you place an order will apply to such order and product. Decoratormall reserves the right to make changes to these Terms from time to time, and any such changes will apply to future orders.

 

  1. Events Beyond Reasonable Control

 

Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.

 

  1. No Waiver

 

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

 

  1. Severability

 

If it turns out that a particular term is not enforceable, this will not affect any other terms.

Top

Shopping cart

×