PRIVACY, LEGAL, & RETURNS
For your protection, we would like to inform you of the terms and conditions of using our website (the "Terms of Use"). We reserve the right to update or change the Terms of Use at any time and for any reason. By using our site, you agree to be bound by these Terms of Use and any subsequent revisions to the Terms of Use. The date of the last update to these Terms of Use is stated at the bottom of this page.
We may ask you for limited personal information upon registration for our website or services. WE WILL NOT SELL OR DISTRIBUTE ANY INFORMATION YOU SUBMIT. This limited information may include (but is not limited to) personal and demographic information. We respect your privacy and seek to minimize the possibility of unauthorized use of personal information.
How do we collect personal information?
We collect customer information using voluntary form submissions, which ask you to fill in blanks or check boxes. You have no obligation to provide any information to use our website. However, should you wish to become a potential customer or register for our website, you may be required to provide some or all of the requested information.
Cookies
"Cookies" are small amounts of data that are stored on your computer for a very short amount of time. They find their way to your browser via a Web server. We use cookies on a very limited basis to keep track of your shopping cart. Once you place an order or you leave our site the cookie is deleted within one hour. We never use cookies to save confidential information such as passwords, credit card numbers, or other highly confidential information. We cannot guarantee that third parties, such as our affiliates and partners, will not use cookies to measure your use of certain pages relating to our website.
How do we use your voluntary information?
We use the information you provide to us to send you information on new products as they arrive, or of current sales events. Your information is absolutely confidential and is never sold or shared with third parties. We do not store non-financial personal information on secure servers and cannot guarantee its unauthorized access.
NO WARRANTIES
YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. WE PROVIDE THE SERVICES ON OUR SITE TO YOU ON AN "AS IS" BASIS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, WITH REGARD TO THE SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH OUR WEBSITE. THIS DISCLAIMER APPLIES TO BOTH ISOLATED AND AGGREGATED USES OF OUR WEBSITE.
IN NO EVENT IS ITZÁ® GALERIAS LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS. ITZA® GALERIAS IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH OUR WEBSITE OR ITS SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ITZÁ® GALERIAS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING (BUT NOT LIMITED TO) ANY LOSS CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE.
ITZÁ® Galerias is a registered trademark of ITZÁ® Galerias Home Decor and is protected by United States Trademark laws. You acknowledge that our website contains information, data, photographs, graphics, text, images, typefaces, and other content that are protected by copyrights, trademarks, or other proprietary rights (the "Content"), and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. ITZÁ® Galerías owns or has a valid license to use Content on the website. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Sec.107), you may not upload, post, reproduce, or distribute Content protected by copyright, or other proprietary right, without obtaining express written permission of the owner of the copyright or other proprietary right.
If you believe that any of the Content on our website infringes a copyright, trademark, patent, or other right of another party, please direct an e-mail to our Customer Service Department at info@itzagalerias.com, or call us at 760-356-8208.
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this website, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant or warrant that the owner of such content has expressly granted ITZÁ® Galerías a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, cerate derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
Our website contains links to websites operated by other parties. We do not, either expressly or implicitly, endorse the Content on such websites or any association it may have with third parties. The links are provided for your convenience only. We have no control over such websites and do not review the content on those websites. Therefore, we are not responsible or liable for any content, advertising, products or other materials on or available from such websites. You further acknowledge and agree that we are not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website or resource.
Jurisdiction and Forum
You expressly agree that exclusive jurisdiction for any dispute with ITZÁ® Galerías, or in any way relating to your use of the ITZÁ® Galerías website, resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving ITZÁ® Galerías or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.
Entire Agreement
These Terms of Use constitute the entire agreement between you and ITZÁ® Galerías with respect to the use of the ITZÁ® Galerías website and Content. Your use of the ITZÁ® Galerías website is also subject to the ITZÁ® Galerías Privacy Policy. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
Termination
ITZÁ® Galerías may terminate these Terms of Use at any time without cause or notice. In addition, ITZÁ® Galerías, in its sole discretion, may terminate these Terms of Use immediately and without notice for violation of any part of these Terms of Use. You may also terminate these Terms of Use by simply discontinuing use of your account and/or the website. In the event of any termination of these Terms of Use, the restrictions on your use of the Content (as set forth in Paragraph 4 ("User Submissions")) shall survive such termination, and you agree to be bound by those terms.
Indemnity
You agree to defend, indemnify, and hold harmless ITZÁ® Galerías, its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
Non-waiver
Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. No waiver of any of the Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Limitation on Actions
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
ACCESSORY ITEMS:
Accessory Items (i.e. non made-to-order items, e.g. accessories, candles, mirrors, wall décor, table décor etc) can be returned to us within 10 days of receipt with a restocking fee applied of 10% of the original price; freight charges will not be refunded. Should the item be received damaged, a full refund will be issued, including shipping charges.
For all returns: You must obtain a Return Authorization Number (RAN) prior to returning any items. To obtain a RAN please call 800-820-4892.
Returned products MUST be in new and unused condition and in their original box with all the documentation, parts and accessories to ensure full credit. "New and Unused" means saleable condition, not used, and not dirty. We cannot issue refunds for an item with any indications that it has been used. This includes, but is not limited to, any items requiring assembly that have been assembled and unsealed media related items.
hReturn shipping costs are your responsibility unless the item is damaged or defective.
SPECIAL ORDER ITEMS:
For made-to-order items (i.e. special order items) which would include furniture (e.g. tables, case goods, upholstered seating etc), fabric draperies (panels, roman shades, valances, swags and all other soft treatments), and drapery hardware--both parties agree that the goods will be made-to-order in regards to design and manufacture. Once ordered the purchase agreement cannot be cancelled.
The imperfections in wood surfaces, leather, glass, wrought iron, and fabric depends on natural products; the end product may vary in tonality, distressing, color and general appearance. Due to this, any difference is not or cannot be a responsibility of the Seller, or be reason for cancellation, or a discount fully or in part.
In the exceptional case that the articles shall be returned, fully or in part, this must be done by a justifiable cause within a time frame that shall not exceed 10 days from the delivery date of the goods, in which case Buyer will pay Seller 25% restocking fee plus freight back to ITZA Galerias. Goods purchased must be returned in the original packaging. Seller will process refund 10 days upon receipt of the goods in original condition.
In case of a return, the goods returned will become sole property of the Seller and the Buyer will waive any direct claim for damages or liabilities of any sort.
DAMAGED ITEMS:
ITZA Galerias will do everything we can to ship your package in good condition. Unfortunately, packages may be damaged during the shipping process after leaving our warehouse(s) or our suppliers’ warehouses. If your order arrives at your door damaged, broken or defective, we will either replace the broken parts if possible or ship out a new one at our discretion and at our expense.
Please be sure to inspect your item(s) for any/all damages immediately upon arrival. Please do this even if you are not going to immediately use the item(s). We are unable to accept cancellations on merchandise after it arrives damaged, but we will always make every effort to correct the problem.
Contact our customer service department within 3 business days of the delivery date to report the damage. Please be sure to have information such as model number, serial number, date of manufacture and any part numbers available. We will not be able to replace damaged merchandise if we are not notified within 3 business days of the delivery date. This applies to canceling and returning a damaged item as well. We will continue to make every effort to get you individual replacement parts.
Requests for replacement parts will be processed as quickly as possible but may take time due to manufacturer processing. Please note that we are not able to express ship replacement pieces.
Please contact customer service via e-mail at customerservice@itzagalerias.com or via telephone at 800-820-4892.
WARRANTY:
Most of the products sold on our site are warranted directly by their manufacturers. Should you desire to review the warranty information for a product, please contact us by sending an e-mail to customerservice@itzagalerias.com and we will be happy to assist you in obtaining the appropriate information.
CANCELLING YOUR ORDER:
If you have placed an order and would like to cancel it, please contact us by calling 800-820-4892 within 3 hours of placing your order to cancel it free of any charges. If you wish to cancel after that time, we will do all that we can to stop the items from being processed and/or shipped but there is no guarantee that we will be able to stop it in time. In these rare cases that we cannot prevent the shipment, please see our Return Policy.
CREDIT AND RETURN TIME:
Please understand we strive to process returns and credits as rapidly possible but they do take time. It may take up to 10 business days for us to receive the returned or exchanged product back from you. All refunds will be for the purchase price of the product only. Shipping charges and gift wrap fees will only be refunded if your product arrives damaged due to shipping or is defective.
Any more questions?
We're here to help! Feel free to contact us via e-mail at:
Last Update: July 28, 2007
