All sales of Priley Lane LLC products and services ("Product(s)") to customers are subject to these Terms and Conditions of Sale ("Terms and Conditions"). Priley Land LLC is sometimes referred to herein as "we" and "us". The customer is sometimes referred to herein as "you". These Terms and Conditions and any and all terms set forth in the order confirmation issued by us to you indicating acceptance of your Order ("Order Confirmation") (collectively, the "Contract") set forth the entire understanding and agreement between you and us, and supersede any and all oral or written agreements or understandings between you and us as to the subject matter of the Contract. These Terms and Conditions may not be changed or altered in any way without our prior written consent.
ORDERS & ACCEPTANCE
All Orders for Product(s) are subject to acceptance by us. Acceptance of Orders is conditioned upon your agreement to these Terms and Conditions. Your placement of an Order manifests your assent to these Terms and Conditions. Terms imposing any different or additional obligations are expressly rejected.
You may only place an Order using the Web Site. However, Priley Lane LLC may accept orders via phone when acceptable.
When you place your Order, we will issue you a Web Order Number. A Web Order Number is issued for reference purposes only and does not constitute our acceptance of your Order.
We may, at our sole discretion, accept or reject your Order. If we accept your Order, we will notify you of such acceptance by issuing an Order Confirmation via email. Acceptance is effective upon issuance of the Order Confirmation. If we cannot accept your Order, we may, at our sole discretion, attempt to contact you via email or telephone.
We will make reasonable efforts to supply you with the Product(s) listed on the Order Confirmation. If we cannot supply you with the Product(s) listed on the Order Confirmation, we will make reasonable efforts to contact you to suggest alternative Product(s). If you do not wish to purchase an alternative Product(s), we will cancel that portion of your Order relating to the unavailable Product(s) and refund you the actual price you have paid to us for the unavailable Product(s).
We reserve the right at any time to discontinue the production, sale or distribution of any of our Product(s) and to change the design of our Product(s) and any parts thereof. You agree that you have no claim against us or any of our agents or affiliates for failure to furnish such Product(s), whether or not such Product(s) are of a model, design or type previously sold.
Information contained in our advertisements, brochures, other written materials, or websites, or information given to you by our agents or employees, constitutes an invitation only, and does not constitute an offer by us to supply any Furniture/Product(s).
All sales prices displayed on the Web Site are in U.S. dollars. Your Web Site purchase includes sales tax as required by law. The tax rate is based on the delivery address of your purchase. The actual tax amount will appear after you complete the Order Form.
We reserve the right at any time to correct any mistakes in price. If a mistake in price is made, we will, at our sole discretion, either: 1) make reasonable efforts to notify you of the mistake and will offer you the option to purchase the Product(s) at the correct price or a full refund for the portion of your Order relating to the erroneously priced Product(s); or 2) reject your Order. You will receive a notification with or prior to the delivery of the Product(s). You agree that you have no claim against us or any of our agents of affiliates for failure to furnish such Product(s) at the erroneous price, and that our liability is limited to the actual price paid by you to us for the Product(s). Priley Lane LLC liability is limited strictly to the sale of the product(s).
Payment for the Product(s) must be made via one of the approved methods of payment as listed on the Web Site and modified from time to time.
If you pay by credit card, you must supply your credit card details when you place your Order. Your credit card will be charged upon the issuance of an Order Confirmation or upon shipment of the Product(s). Shipment of the Product(s) is conditioned upon the credit card issuer's authorization of use of the card for payment. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation. To ensure the credit, debit or charge card is not used without its holder's consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms and Conditions, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a credit bureau which may keep a record of such information. Disclosure of such information is made only to confirm the card holder's identity.
Orders will not be accepted and Product(s) will not be delivered to any address outside of the Continental United States. Subject to the foregoing, all Product(s) will be shipped to the delivery address listed on the Order Confirmation. Standard deliveries usually leave the warehouse in 14 to 21 business days, although some orders, due to their custom nature, may take longer. If your Order contains several Product(s), such Product(s) may be delivered on different days. Upon delivery of the Product(s) to our carrier, a confirmation of shipment email will be sent to the email address listed on the Order Form (if an email address is provided). Smaller items may be shipped by regular mail and may not be tracked. All products are shipped directly from our manufacturers so all delivery estimates are subject to change.
All Product(s) are sold F.O.B. Destination, freight pre-paid and added to the invoice. We will offer expedited shipping for an additional charge. We own the Product(s) and bear all costs and risks of loss or damage to the Product(s) while in transit to the Destination, and file the claims (if any) with the carrier for shortages or damages. Please see the next section on filing and returning a damaged article. We must be notified by the Consumer within twenty four (24) hours of delivery if there are any damages, and photos demonstrating the damage on both the product and the packaging are required. All original boxes and packaging material, where applicable, must be retained to have your damage claim processed. Damage that is apparent upon delivery must be noted on the shipping carrier delivery receipt by the Consumer. Failure to notify us will result in a waiver of future reimbursements, suits, or claims. There are no exceptions.
All our orders are custom orders. ALL SALES ARE FINAL. Damage that is apparent upon delivery must be photographed (both the product and the packaging) and noted on the freight carrier delivery receipt. You must keep all packaging materials to file a claim. Please call Customer Service for all damage returns. Please understand that in all cases no allowance can be made if a claim is not filed immediately. ALL CLAIMS MUST BE RECEIVED WITHIN TWENTY FOUR (24) HOURS. NO EXCEPTIONS.
Items returned and deemed to have no damage or defect will be rejected without refund.
We provide customers with the option of selecting their own colors, which can be selected from any major paint company. We offer the custom color option for an up-charge per color, which covers the expense of having to order full gallons of your specific paint selection.
Given the custom nature of our products, customer cancelations are not accepted. No exceptions are made.
For advice and guidance on our Product(s), please call the telephone support service. The telephone support service is available from 8:00 a.m. to 8:00 p.m., Monday through Saturday (except holidays). You are responsible for any and all telephone charges and fees associated with using the telephone support service.
We warrant all new products ordered directly from the Priley Lane LLC website to be free from defects in material and workmanship for a period of ninety (90) days from the date of purchase. All purchases for the sale of Furniture/Product(s) are governed by our Warranty Terms and Conditions, which are hereby incorporated into these Terms and Conditions. The Warranty Terms and Conditions cover products ordered directly from the Priley Lane LLC website only, and do not cover products bought and resold or bought directly from affiliated businesses of Priley Lane LLC.
EXCEPT AS EXPRESSLY PROVIDED WITHIN, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON- INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY US AND OUR REPRESENTATIVES. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD.
Notwithstanding the foregoing, you may have other additional rights that vary from state to state and country to country. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of incidental or consequential damages. Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
For warranty questions, please call customer service between 8:00 a.m. and 8:00 p.m., Monday through Saturday (except holidays). You are responsible for any and all telephone charges and fees associated with using the warranty telephone support service.
These Terms and Conditions, together with the Order Confirmation, set forth the entire extent of our obligations and liabilities with respect to the supply of the Product(s). Terms imposing any different or additional obligations are expressly rejected. The Contract may not be altered or modified in any way without our prior written consent.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS CONTRACT, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE UNDER THIS CONTRACT TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR PERSONAL INJURY, DEFECTIVE USE CLAIMS, BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS CONTRACT, IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS CONTRACT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID (OR PAYABLE) TO US PURSUANT TO THIS CONTRACT.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE NON-BREACHING PARTY'S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
Notwithstanding the foregoing, nothing in the Contract shall limit or exclude any additional rights you may have under local, state or federal laws.
If a shipment date is specified, that date will be extended to the extent that delivery is delayed by reason of fire, flood, war, terrorism, strike, natural disaster, or any other event beyond our reasonable control and if, as a result of such delay, the Product(s) are not available, we may substitute comparable goods. We are not responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control.
LAW AND FORUM
The Contract shall be governed by and construed in accordance with the laws of the State of Massachusetts without regard for the conflicts of laws rules thereof. You agree that all controversies, disputes and claims arising out of this Contract shall be adjudicated exclusively by a court of competent jurisdiction within Suffolk County, State of Massachusetts or the United States District Court for the District of Massachusetts, except that any judgment in any such action may be enforced in other jurisdictions by suit or in any other permitted manner. You irrevocably consent to the jurisdiction and venue of the state and federal courts of Massachusetts and waive any rights to seek a transfer of venue for any reason or to claim that the forum is inconvenient.
The invalidity of any one or more phrases, sentences, clauses, sections or subsections of this Contract will not affect the remaining portions of this Contract.
We do not sell our customer’s information or use it for other purposes. The information you provide us is strictly confidential. Our payment gateway is committed to safeguarding customer information and combating fraud.
AMENDMENTS & WAIVERS
a. We reserve the right, without prior notice to you, to amend or modify these Terms and Conditions from time to time.
b. No waiver of any provision at any particular time shall be deemed a permanent waiver of such provision, or a waiver of any other provision of the Contract. Failure to enforce a provision shall not be deemed a waiver.
You can contact us by visiting our webpage www.prileylane.com. Please have your Web Order Number ready.