Terms & Conditions
1. Eligibility. You must be at least 18 years of age to place an order through our service. If you are using this service on behalf of an entity, organization, or company that you represent and warrant that you have the authority to bind such organization to these terms and you agree to be bound by these terms on behalf of such organization.
2. Payment. Certain features of the service, such as placing an order, may require you to pay additional fees. You will be provided with the opportunity to review and accept the applicable fees that will be added to your order. Sales tax may be charged on any order placed through the service, based on the location the order is billed to and the applicable sales tax in effect at the time of purchase. All fees are in U.S. Dollars and are non-refundable. Axom Home may change the fees for a feature of the service on a going-forward basis at any time. Axom Home third-party payment processor will charge the payment method you specify at the time of purchase. Axom Home may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Additional information involving payments can be found on our Refunds & Returns page. Additional information on possible fees can be found on our Shipping and Deliveries page.
3. Typographical Errors. In the event that our online products are mistakenly listed at an incorrect price, Axom Home reserves the right to refuse or cancel any orders placed for product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Axom Home shall issue a credit to your credit card account in the amount of the incorrect price.
4. Representation of Product. We make every effort to provide images that realistically represent the products we sell. We provide full product information (as much as is provided to us by our designers, manufacturers and makers), regarding materials used, dimensions, special product features, warranties, care and use. We are not responsible for any misrepresentation or inaccuracies in product descriptions provided to us by them. Axom Home reserves the right to decide and provide discretionary judgement on what is considered poor quality goods or high quality goods which have aesthetic imperfections that are an inherent nature and considered an attribute of artisanal made goods.
5. Risk of Loss. Except as otherwise stated in any applicable Additional Terms the risk of loss for and title to products purchased on or through the service passes to you upon delivery by the carrier. Please know that we do require a signature for all items mailed or shipped in order to minimize the risk of loss. Additional information can be found on our Shipping and Deliveries policy.
6. Damaged Items. We will not knowingly ship any item that is damaged. If any product arrives defective or damaged, we require that we be notified within 48 hours of delivery. Please contact customer service. We will address these issues immediately and we will appreciate your patience while we provide the necessary documentation to the original vendor or the delivery company. If the packaging is damaged, please photograph the packaging as well as the broken item(s) since we will require photographs to assess the damage. We will inform the delivery company of the damage and work with them to decide the root cause of the damage and who is responsible for replacement. Please do not destroy or throw-away the original packaging materials until instructed by us or by the shipping company to do so. All products are subject to the original manufacturer’s, vendor’s or resource’s warranties. As an independent retailer, we are a third party agent and are therefore not directly responsible for the warranties and guarantees of the products purchased for resale at our store.
7. Limitation of Liability for Product. Axom shall not be liable for any damages that result from the use of, or the inability to use, the products on this site or the performance of the products. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Axom provides to its customers all product information that is provided to us by our vendors. We encourage customers to come to our retail store to experience the products for themselves. We are also available through email and phone to answer questions and provide additional product information upon request. That being said, the vendors and brands that we choose to represent and sell their products in our retail or online store have gone through an extensive vetting process for quality of products, excellent customer service and their extensive warranties on their goods and services.
8. Warranties & Guarantees: If any product arrives defective or damaged, we will address these issues immediately and we will appreciate your patience while we provide the necessary documentation to the original vendor. All products are subject to the original manufacturer’s, vendor’s or resource’s warrantees. As an independent retailer, we are a third party purchasing agent and are therefore not directly responsible for the warrantees and guarantees of the products we sell. However, we will act on your behalf, communicating with the vendor to address problems should they arise. As stated above, be assured that the vendors and brands that we choose to represent and sell their products in our retail or online store have gone through an extensive vetting process for quality of products, excellent customer service and their extensive warranties on their goods and services.
9. Term; Termination. These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by us without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
10. Use of Site. Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Axom employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
11. Participation Disclaimer. Axom does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Axom is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Axom reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to us in its sole discretion.
12. Third-Party Links. In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. However, even if the third party is affiliated with Axom, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of us. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of our web site and the links placed upon it and therefore request any feedback on not only our own site, but for sites we link to as well (including if a specific link does not work).
13. Indemnification. You agree to indemnify, defend, and hold harmless Axom, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. These Terms and Conditions provide that all disputes between you and Axom Home, Decorative Arts Studio, Inc. will be resolved by binding arbitration. You agree to give up your right to go to court, to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a Neutral Arbitrator and not a Judge or Jury and your claims cannot be brought as a class action
14. Miscellaneous. Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Axom products) shall be in the state or federal courts located in Rochester, NY. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Axom products) must be commenced within six (6) months after the claim or cause of action arises. Axom Home failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Axom may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any questions regarding this policy can be emailed to our customer service department