Terms of Use


Dated:  May 25, 2022

The website, MarieFlanigan.com, is provided by Marie Flanigan (“we” or “us”) to you, the user ("User" or “you”), without charge conditioned on acceptance of the terms, conditions, and notices contained herein. Your access to and use of this Website constitutes acceptance of these terms and conditions.  If you do not accept the Terms of Use stated herein, please do not use the Website. Marie Flanigan may revise these Terms of Use at any time by updating this posting. The date at the top of these Terms of Use reflects the date on which these Terms of Use were last updated.  You should visit this page periodically to review the Terms of Use.

Establishing an Account

User are not required to establish an account (“Account”) in order to access the Website. However, if you wish to place an Order for Product(s), you will be required to establish an Account.  When you establish your Account, you become a “Customer.” We may reject username (or e-mail address) for any reason in our sole discretion. For example, we may reject a username (or e-mail address) that is already being used by someone else, that may be construed as impersonating another person, that belongs to another person; that violates the intellectual property or other rights of any person, or that is offensive.  If you are a Customer, you must ensure that we receive current and accurate information, as required. 

You agree that you are responsible for all activities that occur under your Account, whether authorized by you or not, and you are responsible for maintaining the confidentiality of your username and password so others may not access your Account. You should sign out from your Account at the end of each session if you are using a device that is shared with other people.

If you discover that your Customer username, password or any other such information is compromised or was misused, or that your Account is or may be breached, you agree to notify us immediately at customerservice@marieflanigan.com.  We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Website and our Customers, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM A COMPROMISE OF YOUR USERNAME AND PASSWORD OR OTHER BREACH THAT COMPROMISES YOUR ACCOUNT UNLESS CAUSED BY MF INTERIOR’S NEGLIGENCE OR WILLFUL MISCONDUCT.

Minimum Age Requirements

Our Website is not directed to children. You are not allowed to establish an Account and/or make purchases on our Website if you are under the age of 13. If you establish an Account and/or make purchases on our Website, you represent that you are at least 13. You may establish an Account and make purchases on our Website only if you can legally form a binding contract with us. In other words, if you are under 18 years of age (or the legal age of majority where you live), you can only use establish an Account and make purchases from our Website under the supervision of a parent or legal guardian who agrees to the Agreement.

When you Shop on Our Website

You are able to order certain home furnishings and accessories (“Products”) on our Website (each, and “Order”.)  We may make changes to and/or discontinue the Products we offer at any time without notice.  Similarly, we may change the prices of such Products.  Though we do our best to satisfy the Orders place, we cannot guarantee that all Products will be available when ordered or thereafter and we have the right to limit the quantities made available for sale and sold.  We have the right to cancel an Order when there is insufficient quantity to fulfill the Order or for other commercially reasons.  When we cancel an Order, we will refrain from charging you for the Product(s) or will refund you the amount already paid via the payment type used to pay for the Product.

Unless otherwise indicated, Products sold on the Website are intended for end use in the United States and are not labeled or intended for international distribution. 

The following provisions set forth our policies with respect to such orders.

  1. Cancellations – once an order has been placed, it may not be able to be cancelled. Email our customerservice@marieflanigan.com with your order number and the items you want to cancel. We cannot guarantee the cancellation for those items but will do everything possible to assist.
  2. Returns – if the wrong item was shipped, the item is defective or damaged, we will replace the item. Returns for other reasons will generally not be accepted. There are no returns on Furniture, Lighting, Rugs, Art, Vintage or One-of-a-Kind or Sale items. All sales are final.
  3. Shipping – shipping time frames vary by product type. Times are outlined below: 
    1. Furniture – ships in 7-10 business days unless a custom piece. Our customer service representative will give you an estimated ship date on all custom pieces.
    2. Lighting – ships in 3-5 business days. 
    3. Rug – ships in 3-5 business days.
    4. Bedding – ships in 3-5 business days.
    5. Pillows, Throws, Mirrors, Décor, Dishes and Bath – ships in 3-5 business days.
    6. Art – ships in 7-21 days
  4. Shipping rates – will be calculated at check out unless it is White Glove service for Furniture, Vintage or One-of-a-Kind pieces. A Customer Service representative will obtain a quote and work with you on the rate.

 

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us for products, services, or otherwise. Additional policies and terms may apply to the purchase of certain merchandise or gift certificates.

Payment Processing: Marie Flanigan uses Shopify to process credit card payments. The processor they use is Stripe. Stripe will process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices. 

Taxes: If we are legally required to collect sales tax on Products ordered, the tax amount will be reflected separately than the purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If you determine that we overcharged you for taxes assessed, you may contact us at customerservice@marieflanigan.com any time up to two years from your date of purchase and request a refund of the tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

Permissible Use

You agree to access and use the MarieFlanigan.com website only for lawful purposes. You are solely responsible for knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the MarieFlanigan.com website. Without limiting the foregoing, you agree that you will not:

  1. use the Website to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense;
  2. alter, damage, or delete any content posted on the Website;
  3. disrupt the Website or its servers or networks in any way; 
  4. use the Website in a way to give rise to civil liability or encourage others to engage in any conduct which would give rise to civil liability;
  5. use the Website to impersonate other parties or entities;
  6. use the Website to upload any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the website or the hardware or software of any other person who accesses the Website;
  7. claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or to represent; or.
  8. upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or contractual relationship.

Marie Flanigan reserves the right to suspend a Website account and/or suspend access to the website if Marie Flanigan has reason to believe that access is being used for any of the prohibited purposes enumerated above or otherwise in violation of law. Marie Flanigan shall provide notice of such suspension if you have provided us with an email or other electronic address or mail address when accessing the website. (Notice shall be given to you at (one of) the address(es) provided.)

Links To Third Party Websites

This Website may contain links to third party websites, social media pages, or other services. If you click these links, you will leave our Website and be redirected to the third party website. Marie Flanigan does not make any warranty or representation regarding any linked third party websites or the information appearing thereon. Please be aware that it is your responsibility to take protective measures to guard against viruses or other destructive elements. 

Marie Flanigan has a social media presence on, and links, to Facebook, Pinterest, YouTube, and Instagram (collectively, “Social Media Sites”), to provide a place for the public to learn more about our company and our design services and Products. These Social Media Sites are owned and operated by third parties.  The comments, photographs and other materials posted by anyone other than Marie Flanigan do not necessarily reflect Marie Flanigan’ opinions, values or ideas. 

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION ANY CONTENT, INFORMATION, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS OF USE APPLICABLE TO SUCH WEBISTES AND RESOURCES.

 

Disclaimer of Warranties

The materials contained on this Website are provided "as is" without any representations, warranties or conditions of any kind, express or implied, including, without limitation, implied warranties or conditions of fitness for a particular purpose or use, or non-infringement. Marie Flanigan does not warrant or guarantee uninterrupted access to the Website, any website linked to this Website or to the availability of internet e-mail links provided on the Website. By using Marie Flanigan’ Website, User assumes all risks associated with such use, including any risk to User's computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via the Website or User's access to it. 

 

Exclusion of Damages and Limitation of Liability

WE AND OUR AFFILIATES, AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE USE OR THE INABILITY TO USE THE WEBSITE, THE WEBSITE’S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.
NEITHER MARIE FLANIGAN NOR ITS OFFICERS, AFFILIATES, AGENTS, LICENSORS, EMPLOYEES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION OR LACK OF INFORMATION ON THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MARIE FLANIGAN AND/OR ANY OF ITS OFFICERS, AFFILIATES, AGENTS, LICENSORS, EMPLOYEES, OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

IN THE EVENT THE FOREGOING DISCLAIMER AND/OR LIMITATION OF LIABILITY IS FOUND TO BE INVALID BY A COURT OF LAW, THEN OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF YOUR USE OF MARIE FLANIGAN’S WEBSITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

 

New Jersey Residents


The following provisions of these Terms of Use do not apply to Users residing in New Jersey (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranties; (b) Exclusion of Damages and Limitation of Liability; and (c) Indemnity; and (d) the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms of Use are found to violate an established legal right.

Your Passwords and Account Security

You agree and understand that you are responsible for maintaining the security and confidentiality of passwords associated with any account you use on the website.  Accordingly, you agree that you will be solely responsible to Marie Flanigan for all activities that occur under your account.   If you become aware of any unauthorized use of your password or of your account, you agree to notify Marie Flanigan immediately by contacting us at customerservice@marieflanigan.com.

Communicating with You

When you use this Website or send communications to us through the Website, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Website. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by creating a Registered User Account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

 

User Provided Content

“User Content” is any content uploaded by a user of the Website.  User Content is “public” in that any other user of the Website can see the User Content you post.  You are responsible for ensuring User Content complies with the “Permissible Use” provisions above.  

In order to use certain aspects of Marie Flanigan’s website, User may be required to provide information about yourself. You agree that any information you give to us will be accurate and up to date. To learn how Marie Flanigan may use such information, please visit our Privacy Policy.

 

You acknowledge that Marie Flanigan may, but is not required to, pre-screen, filter, remove, refuse to accept, post, display, or transmit any User Content (e.g., reviews you post.) You are solely responsible and assume all liability for determining whether User Content is appropriate or acceptable. We do not guarantee that we will publish any User Content, and reserve the right to remove User Content from the Website at any time for any reason.  

User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this Website only as permitted by these terms and conditions, any additional policies or procedures published in this website from time to time by Marie Flanigan, and applicable law.

Intellectual Property

Marie Flanigan respects the intellectual property of others and it asks Users to do the same. All names, logos, text, designs, graphics, trade dress, interfaces, code, images, videos, photographs and other content appearing in or on the Website (the “Content”) are protected intellectual property of, or used with permission or under license by, Marie Flanigan. Such Content may be protected by copyright, trademark or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. Users do not acquire any right, title or interest in any Content by accessing or using the Website. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Site is strictly prohibited.  

Subject to your compliance with these Terms of Use, Marie Flanigan grants you a limited license to access and use the Website and the Content for personal purposes. No Content from the website may be copied, reproduced, republished, displayed, downloaded, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of any Content expressly made available for your downloading or printing for your personal, non-commercial use. With respect to downloaded or printed Content, you are required to: (1) retain all copyright, trademark, or other proprietary notices, (2) use such Content in accordance with the license granted above, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content.  Except as otherwise expressly authorized herein, User agrees not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of a Website or the Content.

 

Notice of Copyright Infringement:

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Marie Flanigan has implemented procedures for receiving written notification of claimed infringements. Marie Flanigan Housing has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit a Notice of Copyright Infringement form, or otherwise provide a written communication which contains:

 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;;
  3. Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable Marie Flanigan to locate the material;  
  4. Information reasonably sufficient to permit Marie Flanigan to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted; 
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please submit your notice to Marie Flanigan’s Copyright Agent 

Indemnity

As a condition of using this Website, User agrees to indemnify Marie Flanigan, its officers, employees and agents and contractors against any and all liability, expenses (including attorney's fees) and damages arising out of claims resulting from User's use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.

Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of Texas, USA. User consents to the exclusive jurisdiction and venue of the state and federal courts in Harris County, Texas, USA in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Marie Flanigan's performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Marie Flanigan's right to comply with law enforcement requests or requirements relating to User's use of this website or information provided to or gathered by Marie Flanigan with respect to such use.

Severability

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Complete Agreement

This Agreement constitutes the entire agreement between User and Marie Flanigan with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between User and Marie Flanigan with respect to this website. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. 

 

Contacting Us

If you have questions about these Term of Use, or if you have technical questions about the operation of the Website, please contact us by sending an email to customerservice@marieflanigan.com.

Additionally, under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice: 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., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.  See also, https://www.dca.ca.gov/consumers/complaints/citizen.shtml

Any rights not expressly granted herein are reserved.

 

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