Bold Decor terms and conditions for website use

Please read these Terms and Conditions For Website Use (the “Terms and Conditions”) carefully before using this website and any Bold Decor content on social media sites (including without limitation Meta, TikTok and others) (together, the “Site”). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined below), information, recommendations, products and/or services provided to you on or through the Site. If you choose to continue to use or access this Site after having the opportunity to read these Terms and Conditions, you recognize that Bold Decor has provided valuable consideration by offering this Site free of charge, and in exchange for that valuable consideration, you agree to the Terms and Conditions hereof. If you do not agree to these Terms and Conditions in their entirety, please do not use or access the Site.

These terms include an agreement to submit claims exclusively to individual (non-class) arbitration. See below.

Operator of the Site

This Website is owned by Bold Decor LLC and hosted by Shopify Inc.

Content on the Site

All of the content featured or displayed on the Site, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Bold Decor LLC, its affiliated companies, its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Bold Decor LLC, no portion or element of the Site or its Content may be copied or retransmitted via any means. The Site, its Content and all related rights shall remain the exclusive property of Bold Decor LLC, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.

Copyright and Trademarks

The copyright in all Content is and remains owned by Bold Decor LLC, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download Content found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not re-use any Content without first obtaining the consent of Bold Decor LLC. For purposes of these Terms and Conditions, the use of any such Content on any other website or networked computer environment is prohibited. You may not remove any copyright, trade mark or other proprietary notices from Content found on the Site.

In the event you download software (including but not limited to screensavers, smartphone applications, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Bold Decor LLC. Bold Decor LLC does not transfer title to the Software to you. You own the medium on which the Software is recorded, Bold Decor LLC retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

All trade marks, service marks, logos and trade names which appear on products of Bold Decor, product packaging and/or on the Site, whether registered or not (including but not limited to: the word mark “Bold Decor”, and the Vector logo (the “Trade Marks”) remain the exclusive property of Bold Decor LLC, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Bold Decor LLC prior written consent. The use of any of the Trade Marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deeplinks between the Site and any other internet site, is prohibited without the express written consent of Bold Decor LLC.

Establishing an Account/Profile

In order to purchase products or services from the Site or to access or use certain features on the Site, you may be required to establish and use a profile or account. When you register for an account or establish a profile, you may be asked to create a user ID and choose a password. You are responsible for keeping your user ID and password secret and confidential and restricting access to that information. You agree that you are solely responsible for all activities that occur using your user ID,  password, and payment information provided for orders.

Disclaimer of Warranties

This disclaimer ("Disclaimer") applies only to your free use of the Site. This Disclaimer does not apply to, for example, your purchase of any product or service from Bold Decor. This Disclaimer also does not apply to, for example, our offer or advertisement of any Bold Decor product or service including the content of any offer or advertisement on the Site.

Bold Decor is not offering this Site, in whole or in part, for sale to you. These Terms and Conditions are not a contract for sale, and this Site is not a "good" within the meaning of the Uniform Commercial Code. Instead, the Site and the Content are free of charge and provided “as is” and without any warranties of any kind. Bold Decor disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability. There are no warranties which extend beyond the description on the face hereof. The information on the Site is for general information purposes only and does not constitute advice.

Bold Decor does not represent or warrant that the functions contained in this Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. Further, Bold Decor will not provide for specific IT infrastructure or connectivity.

Limitation of Liability

This limitation of liability (“Limitation”) applies only to your free use of the Site. This Limitation does not apply to, for example, your purchase of any product or service from Bold Decor. This Limitation also does not apply to, for example, our offer or advertisement of any Bold Decor product or service including the content of any offer or advertisement on the Site.

Your use of the Site is at your own risk. You agree that our sole obligation to you is to provide the Site “as is.” Neither Bold Decor nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Site shall be liable to you or to any third party for your use of, or the inability to use, the Site and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Site.

Links to Third Parties

For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside Bold Decor’s service and off the Site and are beyond Bold Decor’s control. This includes links to partners that may use the Trade Marks as part of a co-branding agreement. The sites you can link to have their own separate terms and conditions as well as a privacy policy. Bold Decor is not responsible and cannot be held liable for the content, purchases and activities of these sites. You therefore visit/access these sites entirely at your own risk.

Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.

Misuse of the Site

You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Bold Decor may deny you access to the Site at any time in its sole discretion and which shall include situations where Bold Decor believes that your use of the Site is in breach of any of these Terms and Conditions and/or applicable laws. You are further prohibited from using the Site to impersonate another person, user or Bold Decor staff, employee, or representative, imply that any statements you make are endorsed by Bold Decor, or post or transmit any material that could damage or disparage Bold Decor or any of its affiliate entities in any manner.

You are also prohibited from using the Site to advertise or perform any commercial solicitation.

You may not, while accessing or using the Site: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of any communications; alter, modify, frame, or "mirror" any Content; create a deep-link to our Site by by-passing our Site's homepage; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Site or interrupt any user's experience on the Site, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Site, or servers or network connections to the Site, disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or attempt to gain unauthorized access to the Site (or any portion thereof).

User Generated Content

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, Bold Decor, and its parent and affiliate entities and those acting at their direction, shall have the non-exclusive, perpetual, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Bold Decor only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Bold Decor does not continuously monitor User Generated Content published by you or moderating between users, nor shall Bold Decor be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Bold Decor. Any use by you of the User Generated Content is entirely at your own risk. You represent that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or moral rights and does not contain any defamatory or disparaging statements. Furthermore, you represent that you have the capacity to grant the license as stipulated in this paragraph. You understand that you and any other persons that are included in any of your Content may be requested by Bold Decor to sign documents acknowledging agreement to these Terms and Conditions. You acknowledge and agree that Bold Decor is not responsible for any content, including user generated content, that purports to give advice, including medical advice, regarding diet, training, fitness or exercise or the use of any products or services.

Bold Decor reserves the right at its sole discretion, but has no obligation, to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Bold Decor believes is not in accordance with these Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or moral rights), or is otherwise unacceptable to Bold Decor. Bold Decor reserves the right, but has no obligation, to suspend or terminate user accounts or user IDs and to take technical and legal steps to prohibit access to the Site if we think that those users are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these Terms and Conditions or our policies. Bold Decor reserves the right to cancel unconfirmed user accounts.

You agree to promptly notify Bold Decor in writing (see “How you can contact us” below for contact details) of any User Generated Content (or other Content) which breaches these Terms and Conditions. You agree to provide to Bold Decor sufficient information to enable Bold Decor to investigate whether such User Generated Content (or other Content) breaches these Terms and Conditions. Bold Decor agrees to make good faith efforts to investigate such complaints and shall take such action as Bold Decor in its sole discretion decides. However, Bold Decor does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Purchases

If you want to purchase products or services via the Site, please also read  Frequently Asked Questions on the Customer Service page. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Site.

 Modification to the services and prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 Submissions

You should not post any Materials on the Site or send these to Bold Decor by e-mail or otherwise. Other than personally identifiable information, which is subject to the Privacy Policy, any Materials you transmit or post to the Site in any form or manner (i) are and will be considered non-confidential, non-personal, and non-proprietary to you or anyone else and (ii) may be disseminated or used by Bold Decor or its affiliates for any commercial or non-commercial purposes in any media, now known or hereafter created, as Bold Decor may determine, in its sole discretion, including, but not limited to, in the development, manufacturer or marketing of products for commercial use, without (a) compensation to you or anyone else or (b) acknowledgement of you or anyone else as the source of the submission. Therefore, do not transmit or post to the Site any Materials you would like to keep confidential or for which you would like or expect acknowledgement or compensation.

Indemnification

You agree to hold harmless, indemnify, and defend Bold Decor and its affiliates and their owners, directors, successors, employees, assigns, licensees, and legal representatives for any and all claims, damages, costs, or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from (a) Your breach of this Agreement or the incorporated Privacy Policy or Intellectual Property Agreement, (b) Your activities related to Our Website or Your related activities, (c) anything You submit to Us or post on Our Website, and (d) Your use of Bold Decor Services or products in a way that is not consistent with any instruction provided by Us (including in product manuals). You acknowledge and agree that We may investigate violations of this Agreement (including gathering information in response to complaints by or about You) and authorize Us to cooperate with law enforcement, system administrators, third party service providers, or other third parties to investigate violations or enforce this Agreement. You agree to waive and release Bold Decor or anyone acting for it from any claims that result from the investigation or enforcement of this Agreement.

Dispute resolution – arbitration, jury trial waiver, and class action waiver

Neither you nor we will be able to sue in court in connection with a Dispute. All Website and Product Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance to these Terms and Conditions, including this agreement to arbitrate in South Florida, by continuing to use the Site after having the opportunity to review these Terms and Conditions.

You and Bold Decor intend for this to be an agreement for arbitration that can be enforced under Florida law.

You and Bold Decor waive any rights to maintain other available resolution processes for Web Site and or Product Disputes, such as a court action or administrative proceeding, to settle disputes. You and Bold Decor waive any right to a jury trial for Website and Product Disputes. 

Instead of suing in court, we each agree to settle Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the agreement as a court would.

Any Dispute shall be determined by arbitration in South Florida  before one arbitrator(s). This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

To the extent a party commences any action which includes both Website Disputes and Non-Web Site Disputes, consideration of the Non-Web Site Disputes shall be stayed until the Website Disputes are fully arbitrated. Then, any Non-Web Site Disputes will be considered by any court of competent jurisdiction.

You agree that you will not file a class action against Bold Decor and its affiliated companies, or participate in a class action against Bold Decor and its affiliated companies, in any Website Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against Bold Decor and its affiliated companies, in any Website Dispute.

To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to the attention of Our legal department at the address in this Agreement. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (if applicable). The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. AAA rules govern payment of all filing, administration and arbitrator fees. You agree to pay half of the arbitration costs no matter what.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, We each waive any right to a jury trial. We also both agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.  To be clear:

 YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. 

 YOU WAIVE YOUR RIGHTS TO ANY DEFENSE BASED ON PERSONAL JURISDICTION, VENUE OR AN INCONVENIENT FORUM. 

 YOU AGREE NOT TO SERVE AS A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO BE A MEMBER OF A CLASS, IN ANY ACTION INVOLVING ANY DISPUTE WITH US.

 Whenever You give Us any notice, it must be in writing to the attention of Bold Decor Legal Department at Our address in this Agreement. We must actually receive Your notice and You must have tracking information to prove We did. Whenever We give You any notice, We may email You or send You notice at any address where You are or may be found or that You provide Us when You use Our Website. Our notice is effective upon emailing (absent undeliverable return message), three (3) days after mailing in the same country, and seven (7) days after mailing internationally.  Email is NOT sufficient for legal notices, but email to the address here at the time You dispatch the notice IS required for Your notice to be effective.

 ADDRESS

Bold Decor LLC 

4526 Ficus St, 

Hollywood, FL 33021

Mandatory Email at Time of Dispatch of Notice:  shopbolddecor@gmail.com

Pricing - Use of Distribution

We appreciate Your orders. Orders from Bold Decor must comply with all requirements and be accepted by Us to constitute a sale. We reserve the right not to complete a sale at Our discretion.  When You purchase from Us, You agree to provide accurate, complete information and You agree that, if We have used the information You provided to deliver an order, We are not responsible if We put it with the shipper according to Your instructions.

We accept credit card payment (Visa and MasterCard), and PayPal. We may offer additional payment solutions at our discretion.  You will be charged when Your order is shipped. A temporary hold will be placed on Your payment method until We send You tracking information for Your order. If We do not fulfill Your order, the hold on Your payment method will be removed. In the event of a refund, We will refund You via the payment method You used to make Your purchase. We also may accept other forms of payment, such as money order or cash on delivery, but We are not required to do so and only do so where availability is specifically provided for elsewhere on Our Website.

Bulk or wholesale orders may have longer lead times and delivery estimates due to additional processing and fulfillment time. Bold Decor reserves the right to ship wholesale orders separately as they become available for delivery. We will use reasonable efforts to meet quoted shipment and delivery dates for all accepted orders, but quoted dates are estimates only and final delivery is dependent on receiving shipments from our own suppliers, market conditions, and other factors. Wholesale orders may be shipped via palletized freight, LTL, FTL, or other shipping methods as appropriate for the shipment size. You are responsible for examining shipments before accepting and reporting any discrepancies in accordance with our Returns policy below. No items from Bold Decor can be sold on 3rd party marketplaces including Walmart, Amazon, Wayfair or other without prior written consent by Bold Decor legal representatives. 

Product Information 

Bold Decor strives to provide the most current and accurate product specifications available at the time wholesale orders are accepted, but makes no warranties regarding the accuracy of such information due to changes in product design and manufacturing changes that routinely occur. You are advised to inspect products promptly on receipt and monitor for any updated product information that may affect ordered items. You will not modify any Bold Decor product information without our written consent.

 Cancellation

You may only cancel an order before the handling and shipping process has started. If You timely cancel an order, Your purchase price and shipping will be refunded. If You cancel after handling or shipping has started, You must wait to receive the product and go through the Returns process.

 Shipping

Orders usually ship within five (5) to seven (7) business days. Saturday delivery and express shipping may not be available; We reserve the right to offer these options in Our discretion. Shipping dates are subject to change without notice, and We do not guarantee delivery by a particular date or holiday. Shipping may take as long as ten (10) days inside the United States, and longer for international shipments. Additional costs and fees apply to international shipments. You are responsible for customs, duties and taxes on Your purchases. Order tracking may be available in Our discretion.

 You must provide Your physical street address, since We may not be able to deliver to a post office box. We do not require proof of signature for delivery; You are responsible to be available for receipt of Your package and agree that the package may be left at Your stated destination address in Our or the carrier’s discretion. We ship with a variety of carriers and have discretion to choose which carrier is appropriate for the circumstances of Your order. We may, for example, use the following carriers: USPS, UPS, FedEx, and DHL. If the carrier provides a tracking number, We will update Your order or inform You about this information, if appropriate and possible. Please note that some orders using USPS mail will not have tracking numbers.

Shipping rates vary depending on the products or services You purchase and Your location. Shipping rates are subject to change without notice. Additional shipping charges may apply for international orders or heavy items. 

Risk of Loss on Orders

All items purchased from Bold Decor are made according to a shipment contract. Risk of loss and title for Your purchases passes to You when We deliver Your purchase to the carrier

Gift cards are not returnable or refundable. 

For unused wholesale merchandise accepted for return, Bold Decor may charge restocking fees up to 20 percent of the purchase price paid in our sole discretion. You must receive prior authorization and return authorization numbers before returning wholesale orders. Approved returns must be received by our warehouse in original packaging and condition within 30 days of our shipment date. Refunds related to wholesale orders may take 30 days or more to be processed due to required freight, supply chain, and inventory adjustments related to large order quantities.

Risk of Loss on Returns

We do not take title to returned items until We receive the item. At Our discretion, a refund may be issued without requiring a return, but We do not take title to the refunded item at all.  You can donate an item that is not defective, but You agree to destroy any item that is defective that We do not require You to return to us.

Severance

Each provision of these Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms and Conditions.

Applicability of Additional Terms and Conditions

Additional or different terms and conditions (“Other Terms”) may apply in connection with certain features (e.g. community pages, testimonials, sweepstakes or contest entries). If applicable, these Other Terms will be set forth (i) where you are permitted to submit Content, access or use features, or purchase products and services, or (ii) in a link adjacent to where you are permitted to submit Content, access features, or purchase products and services. These Other Terms are incorporated into and made a part of these Terms and Conditions by reference. In the event Other Terms conflict with these Terms and Conditions, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.

Applicable law and jurisdiction

These Terms and Conditions shall be governed by the laws of Florida. You and Bold Decor hereby submit to jurisdiction and venue in courts of Florida. 

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Export Control

Software and other materials from the Site may be subject to applicable export control laws that prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (a) into any other country to which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Bold Decor does not authorize the use, downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by applicable export laws and regulations.

How You Can Contact Us

If you have any questions or comments about the Site or these Terms and Conditions or in the event that you wish to make a complaint regarding the Site (or its Content), then please email shopbolddecor@gmail.com

Changes to the Terms and Conditions

Bold Decor reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. If you continue to use the Site, check the footer for notice of changed Terms and Conditions. If the footer indicates that the Terms and Conditions have been changed, immediately read them. Your continued use of the Site after we have posted notice of such modifications, alterations or updates, and after you have had the opportunity to read the revised Terms and Conditions means you accept those changes.