Terms

Last Updated: October 11, 2024

Terms of Use

Welcome to VIBE AND DECOR! By browsing or using our website, you’re agreeing to these Terms of Use. You must be at least 16 years old to use our site. If you’re under 16, please ask for permission from a parent or guardian. Your use of our site means you accept these rules, so take a moment to read through them. If you don’t agree, we kindly ask you to leave the site.

Also, if there’s ever a disagreement, we’ll resolve it through arbitration, not in court. This means you give up the right to a class action lawsuit.

Visitor Information Collection
When you use our website, any information we collect is handled according to our Privacy Policy. To access certain features, you may need to create an account, and you must be at least 16 years old to do so. Please ensure you provide accurate information when registering.

Links to Other Websites
Our website may include links to other sites, and other sites might link back to us. We don’t check or monitor these external websites and are not responsible for their content. A link from us doesn’t mean we endorse those sites or have any relationship with them. If you use these links, you do so at your own risk, and we’re not liable for anything that happens as a result. If we have a link to one of our own sites, that might come with different terms and conditions.

Limitations on Content Use
All rights reserved. VIBE AND DECOR owns the website and all its content. Everything on our site is protected by copyright, trademark, and other laws. You have a limited, revocable right to access and use our site for personal purposes only. You can’t copy, distribute, or modify our content without permission. Our content remains our property or that of our licensors, and using our site doesn’t give you any rights to our intellectual property.

General Provisions
We don’t guarantee that the products or services shown on our website will always be available or that they will meet specific terms. While we strive for accuracy, we can’t promise that the information is always correct, complete, or current. We reserve the right to change any part of our website at our discretion, with or without notice. If we don’t enforce a part of these Terms, it doesn’t mean we waive our right to enforce it later. If any part of these Terms is found invalid, the rest remain effective. These Terms are governed by the laws of California.

Arbitration: To the fullest extent allowed by law, any disputes or claims between you and us will be settled exclusively through binding arbitration. This includes any disagreement related to these Terms, site usage, purchases, or gift cards, regardless of the legal basis. Both parties waive the right to resolve disputes in court, including jury trials. Arbitration will be handled by the American Arbitration Association (AAA) and must follow their current rules. The arbitrator can determine procedural issues and all decisions are final. If we suspect a violation of our intellectual property rights, we can pursue legal action in California courts.

Class Action Waiver: You and we agree that all claims will be handled individually and not as part of a class action. The arbitrator can only provide relief to the individual making the claim, not to any class. Consolidation of claims or participation in any class action is not permitted unless both parties agree in writing. You will not be part of any class action brought by others or seek to become a representative in such actions.

Venue: For any disputes related to these Terms or claims against us, the venue is exclusively in California. You consent to the jurisdiction of California's federal and state courts.

Choice of Law: These Terms are governed by California law, without regard to conflicting legal principles.

Limitation on Costs and Damages: Any claims against us are limited to actual out-of-pocket costs incurred and do not include attorneys' fees or special damages. You waive rights to claim special damages or have them multiplied.

Enforceability: If the arbitration agreement is found unenforceable, venue will still be in California, and you consent to jurisdiction there.

Survival After Termination: This arbitration agreement survives even after the Terms terminate. Claims must be filed within one year or they will be barred. For intellectual property violations, we can sue in California courts, and you agree to their jurisdiction.

Disclaimer of Warranties and Limitations on Liability
At VIBE & DECOR, we stand by our products. If you're not satisfied with your purchase, reach out to us at support@vibeanddecor.com, and we’ll do our best to make it right. For details on returns, please check our Returns and Exchanges policy.
Except for our Satisfaction Guarantee, everything on this site—products, services, and content—is provided "as is" and "as available," without any warranties. We don’t guarantee that the website is free from errors, viruses, or bugs, and we can’t promise that products will always be in stock or available under the same conditions.
To the maximum extent allowed by law, neither VIBE & DECOR nor our partners are liable for any indirect, incidental, or special damages from using our site or buying our products. Please note that some states may have laws that give you additional rights beyond what we outline here.

Online Orders and Confirmation
When you place an order on our website, you’re making an offer to purchase the selected products. Your order isn’t a binding contract until you receive an on-screen confirmation from us, along with a confirmation email sent to the address you provided during checkout.

Delivery and Returns and Exchanges
Details about delivery and our Returns and Exchanges policy are provided at the point of purchase. Please review these terms before completing your order. If your order isn’t delivered by the promised date, you can choose to cancel it or accept a later delivery date.

Errors
While we strive for accuracy on our website, we can’t guarantee that all product descriptions, prices, or other information are completely accurate or error-free. If an item is incorrectly priced, we reserve the right to cancel or refuse the order, even if it’s been confirmed or your card charged. If your card has been charged for a canceled order, we will issue a refund.

Out-of-stock Items; Delays
We show expected availability for out-of-stock items during your shopping experience. If you proceed with your order, we’ll ship or deliver items once they’re available. Adding items to your cart doesn’t guarantee availability. For items requiring full-service delivery, you may choose to pay a deposit if they’re not immediately available. We’ll notify you about any production delays, and you can cancel your order or items at any time.

Prohibited Activities and Visitor ObligationsAs a visitor to our website, you agree not to:
Violate any local, state, national, or international laws or regulations.Upload, post, or share content that is false, misleading, unlawful, abusive, or objectionable.Impersonate or misrepresent your affiliation with any person or organization.Engage in activities that mislead the origin of content.Upload or share content that infringes on any intellectual property or privacy rights.Post unsolicited advertising, spam, or any form of solicitation.Transmit material containing viruses or harmful code.Use data mining tools or extract information unlawfully.Create hyperlinks to the website without our written consent or mislead about affiliation.Disrupt the use of this website by others or collect personal information from other users.Share your password with anyone.Interfere with the security of this website or its systems.Use the website for commercial purposes.

User Content
You acknowledge that you are solely responsible for any content (including text, images, photographs, and videos) you upload, post, or transmit through this website (“User Content”).

We may also collect data such as your name, image, voice, quotes, and photographs in connection with agreements with individuals, which may be used on our website and in our marketing materials.

While we are not obligated to monitor or edit User Content, we reserve the right to do so at our discretion. You are responsible for backing up your User Content.
By posting User Content, you affirm that (a) the content is non-confidential; (b) you have the necessary rights to post it; (c) it is accurate and not misleading; and (d) it complies with all applicable laws.

By posting User Content, you consent to VIBE AND DECOR’s use of your name, likeness, and any related Media for any purpose, in any format, without compensation or notification. All User Content becomes the property of VIBE AND DECOR, which may use it as deemed appropriate.

Monitoring
We may monitor any data transmitted or received through this website at our discretion. While we are not obligated to do so, we reserve the right to review, censor, or prohibit any information we deem inappropriate or in violation of our Terms of Use. By using the website, you consent to this monitoring, which may involve examining, recording, and using data.

Product Reviews
Our website allows users to share their opinions about our products or services (“Product Reviews”). By posting a review, you agree to express your opinions lawfully and honestly, and to disclose any potential conflicts of interest. VIBE AND DECOR does not endorse or assume responsibility for the content of these reviews, which do not alter any existing warranties or disclaimers. You are solely responsible for your Product Reviews and use them at your own risk.

Web Chat
We may offer a chat feature on our website that allows you to communicate with VIBE AND DECOR representatives (“Web Chat”). Your use of Web Chat does not alter any warranties or obligations of VIBE AND DECOR. You are fully responsible for any content you submit during these chats.

Submissions to VIBE AND DECOR, any materials you submit to us through the website, including comments, suggestions, Product Reviews, User Content, photos, and contest entries (collectively, “Submissions”), will become our property. You transfer all rights, including copyrights and trademarks, to VIBE AND DECOR. If this transfer is ineffective, you grant us an exclusive, perpetual, and fully sublicensable right to use your Submissions in any media. We are not obligated to keep your Submissions confidential and may use them for any purpose without notice or compensation.

Media obtained through agreements with individuals, including photo releases, is owned by VIBE AND DECOR, which can use it for any lawful purpose indefinitely.

Third Party Providers of Functionality on the Website
Some features on our website may be provided by third parties, identifiable by their trademarks. If you use these features, please review the relevant terms of use and privacy policies for those third parties. Ensure you accept their terms before using their functionality.

Indemnification
You agree to indemnify VIBE AND DECOR and its affiliates against any third-party claims, losses, or damages related to your use of the website, any breach of these Terms of Use, or any misrepresentations you make.

Your Account
You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. We may use the information provided during registration to contact you. We may also engage third parties to manage your purchases on our site, which does not create a partnership or joint venture between us and those parties.

Changes to Terms of Use
We may update these Terms of Use at our discretion. Please check the “Last Updated” date to see when changes were made. Continued use of the website after changes signifies your acceptance of the new terms. We are not obligated to provide additional notice of changes.

Continued Operation, Accessibility, and Maintenance of This Website
We may modify or discontinue the website and its services without notice. We reserve the right to refuse service to anyone at any time. We are not liable for any delays or interruptions in access to the website.

Entire Agreement
These Terms of Use constitute the complete agreement between you and VIBE AND DECOR regarding our products and services, superseding any previous agreements.

Contact
For questions or comments regarding the website or these Terms of Use, please email us at support@vibeanddecor.com.

Accessibility Statement
VIBE AND DECOR is committed to making its website accessible to everyone. If you encounter any accessibility issues, please contact us at 917-686-2210 or support@vibeanddecor.com for assistance.


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