Terms & Conditions
Our Company is committed to protecting your right to privacy and keeping your personal information secure when you interact with our Web sites.
Qualified accounts of the Company are invited to access account information in order to request a memo/sample or to place an order. As part of this process, each qualified account has a unique password, which may be changed at any time. Various registration forms require users to give us contact information (including name, address and e-mail address). In addition, when purchasing products, we may collect financial information, including credit card information.
We also use your Internet Protocol (“IP”) address to help diagnose any problems with our server and to monitor and administer our Web sites.
We welcome individuals who do not have accounts to visit our Web sites.
Accessing Your Account
To access your account, you must enter your account number and a password. This helps to protect the privacy of your interactions with us. We will not share your password, which you may change at any time. We also request that you protect your password by not sharing it with others.
Disclosure of Personal Information
Our company will never willfully sell, trade, rent, disclose or make available personally identifiable information about you to any third party without first receiving your permission, except pursuant to any joint marketing efforts with third-party or when we believe in good faith that the law requires it, or to protect the rights or property of the Company. We do not disclose details of our mailing list or information about our site visitors to other companies.
Our Company utilizes “cookies,” which are small pieces of information that are stored by your browser on your computer’s hard drive. Cookies themselves do not contain any personally identifiable information other than noting a repeat visit from a specific computer. We use them to monitor traffic patterns and site usage, and to develop a more unique experience for you when you visit our Web sites. Our cookies do not have the capability of “stealing” information from your hard drive.
When you request a memo/sample or place an order, we collect information such as your name, e-mail address and terms of payment. This is used to process and fulfill your Memo Requests and/or Product Orders and to notify you of your order status. All information submitted to us is transmitted over the Internet in an encrypted manner. We will not store your credit card information after your transaction is completed, and information from these transactions is not released to third parties.
You must be 18 years or older to use the Company’s Web sites. If you are under 18 years of age, consult your parent or guardian before sending any information to any site. It is the Company’s policy never to knowingly collect or maintain information about individuals under age 13. Note that we cannot always determine that a user is a child.
This is a binding agreement (“Agreement”) between FirstConcept Inc. (the “Company”) and you, the user (“You” or “Your”). Our Website is offered to You condition on Your acceptance without modification of the terms, conditions, and notices contained herein. By using our Website, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
Our Company reserves the right to change the terms, conditions, and notices under which our Web site is offered. You are responsible for regularly reviewing these terms and conditions. Your non-termination or continued use of our Website after changes are posted constitutes Your acceptance of this Agreement as modified by the posted changes.
Online Selling Policy
The Company may offer products and services for use and/or purchase through its websites. Some of these products and services may be governed by our Terms and Conditions. Please review our Terms and Conditions, which are applicable to online transactions.
Compliance with Applicable Laws
You agree to comply with all applicable local, state and federal laws, statutes and regulations regarding Your use of the Company’s sites. It is our policy to comply with all local, state and federal law. Therefore, the Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Use of Communications
You agree not to submit, publish or transmit through the Company’s Web sites any content that is libelous, obscene, invasive of privacy, illegal, racially or ethnically discriminatory or that would constitute or assist a criminal or civil offense. We reserve the right to pursue any action with respect to information posted on the Company’s Web sites which we believe is appropriate in our sole discretion. We cannot control the information provided by users or content that is made available through our system. By its very nature, other people’s information may be offensive, harmful, and inaccurate or may be mislabelled or deceptively labeled.
You may not use any software or routine, including viruses or malicious codes, intended to damage or interfere with the proper operation of the Company’s Web sites.
All prices displayed on the Company’s Web sites are quoted in U.S. dollars and are valid in the United States. We charge sales tax as applicable.
We reserve the right without prior notice to discontinue or change specifications and prices on products and services offered on the Company’s Web sites. All products displayed on the Company’s Web sites are available while supplies last. Please confirm availability prior to purchasing any product. We reserve the right to cancel a sale and issue a return authorization for merchandise that is unexpectedly out of stock or does not conform to specifications. We reserve the right to limit the order quantity on any items without prior notice.
Copyrights, Trademarks, and Restrictions
The Company attempts to be as accurate as possible in the product representations and Web site content. Electronic images from computer monitors may not have the same color accuracy and resolution needed to depict our products with absolute accuracy. The Company and its affiliates do not warrant that product descriptions, images and Web content are free from errors. We advise requesting a memo or sample before making a purchase decision.
Please note that pictures of the Company’s products on its Web sites are not in the public domain, and you are not permitted to copy, download, modify, redistribute or redisplay these images without our prior written approval.
Site Access and License
You are granted a limited license to access firstconceptonline.com. You may not modify them or download their contents for other than Your personal use.
Termination of Usage
You agree to indemnify, defend and hold harmless the Company, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against any and all claims, demands, actions, costs, liabilities, losses of any kind (including attorneys’ fees) arising out of Your use of this Web site; Your failure to use the site; Your breach or alleged breach of this Agreement or Your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
State Specific Legal Notices
Pursuant to California Civil Code Section 1789.3 and California Civil Code Section 17538, residents of California are hereby advised:
Upon Your request, You may have this Agreement sent to You by e-mail. Please contact FirstConcept Inc. to resolve a complaint regarding any aspect of service relating to this site by contacting us in writing at the above address, or at +1 212-947-8543.
FirstConcept Terms & Conditions of Sale
ACCEPTANCE OF TERMS AND CONDITIONS
These terms and conditions of sale shall govern this order and buyer shall be deemed to have agreed to them. Any attempt to change or add to these terms by the buyer, or any conflicting terms on any correspondence, purchase order, or other form sent by the buyer is hereby objected to and rejected. Buyer shall be deemed to have agreed to these terms and conditions of sale by placing an order, accepting delivery or by making payment hereunder. No oral agreement, the course of prior dealings between the parties or trade usage shall amend or supplement any of the terms or conditions herein. All of the terms and conditions of this order and sale appear on this form and no additions or modifications can be made except in a writing signed by both parties that expressly references the amendment of these terms. All references herein to the “Seller” or the “Company” shall mean FirstConcept Inc.
DYE LOT AND OTHER VARIATIONS; INHERENT IMPERFECTIONS
Color will vary from piece to piece and the Company does not guarantee the dye lot. For an exact match, request cutting and reserve for approval. In the absence of such request and reserve, the Company shall have no liability for variations in color, dye lot or shade. Some collections contain products that are hand-painted or manufactured by hand; slight variances in color, texture and/or weave may occur. There may also be inherent imperfections in certain fibers, metals, leathers or fabrics. None of the foregoing shall be considered defects.
On-line price lists replace all prior price lists and are subject to change without notice. On-line price lists, or any portion thereof, may not be reproduced without our express prior written permission.
COLLECTION; GOVERNING LAW; FORCE MAJEURE
In any action for the collection of, or to enforce payment of, all or part of the purchase price of the products sold to the buyer, Seller shall be entitled to recover all reasonable collection fees, attorneys’ fees, and costs, to the extent permitted by law. This transaction shall be governed by and enforced in accordance with the substantive laws of the State of New Jersey, without regard to principles of conflicts of laws, and buyer hereby consents to the personal jurisdiction of the federal and state courts located in New Jersey. The Company shall not be liable for delay or failure in performance hereunder arising from any act of God or nature, strike, labor disruption, government action, lack of materials or other cause not within its control.
CANCELLATION OF ORDERS
Any cancellation of an order must be made in writing within five (5) business days of the order date or before shipping. Notwithstanding the foregoing, no cancellations will be accepted if the order has been shipped.
RETURNS AND CLAIMS
No merchandise may be returned without prior approval and instruction. To inquire, please email Sharma.firstname.lastname@example.org or call +1 212-947-8543.
No returns will be accepted on orders after 15 days of the delivery date.
All authorized returns will be subject to in/out freight and handling charges except for those instances where a defect was the determined cause per our team.
All authorized returns may/may not subject to a 25% restocking fee.
No returns of floor samples or sale items, which are sold “as is” and for which all sales are final.
No returns of goods that have been cut, treated, altered, processed, subject to abuse or misuse, or damaged after shipment by Seller.
All authorized returns must be in original wrapping materials and in the same condition as when received by the buyer.
Claims for damage to furniture in transit for delivery to buyer or buyer’s customer, workroom or other agent are buyer’s responsibility; all goods should be inspected upon arrival and a claim filed with the carrier if damage has occurred in shipment.
NO THIRD PARTY BENEFICIARIES
No third party shall have any rights with respect to this sale transaction, on any legal or equitable theory of reliance, contract or otherwise, and the Company shall have no liability to any such third party, including without limitation, a customer of the buyer or an end user of the Company’s products. The Company sells “to the trade” only and not directly to consumers; any signatures or payments made by consumers with respect to this transaction shall be deemed to have been made as a convenience only as agent for the trade buyer named herein.
NON-CONFORMING OR DEFECTIVE PRODUCTS
FirstConcept Inc. reserves the right to repair or replace any defective or non-conforming product, as provided below. All products must be inspected by the buyer or buyer’s customer, within fifteen (15) days after receipt and all defects or damages not sustained in shipment must be promptly reported to the Company’s Customer Service Department. All shipments received and signed for by buyer’s receiver must be inspected for damage prior to acceptance and the Company must be notified promptly of any problem. All returns for defects must have prior authorization and instructions from the Company and must be returned in their original package and in the same condition as when received. If verified by the Company to be defective, products will be accepted within fifteen (15) days after receipt for repair or replacement, at the Company’s sole option. The Company will pay all return in/out freight and handling charges in such verified cases. If upon inspection of an authorized return, the Company determines that the claim is unsubstantiated, the return will be rejected and return in/out freight, handling and restocking charges will be assessed. Charges for local repairs will not be accepted without prior authorization from the Company. The foregoing provisions shall constitute the buyer’s sole remedy with respect to defective or non-conforming goods. In no event shall Seller be liable for any customary variations within industry standards or for imperfections inherent in certain fibers, leathers, metals, fabrics or woods.
All advertising of the Company’s products must be dignified, tasteful and professional. Use of the Company’s trademarks, trade names, logos, copyrighted materials, digital images or other proprietary materials, in any medium (including without limitation, over the internet), without prior written approval by FirstConcept Inc., is strictly prohibited and may subject an unauthorized user to legal action by the Company. By purchasing the Goods, Buyer agrees to abide by Seller’s minimum advertised pricing policy, available at www.firstconceptonline.com.
DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY
UNLESS OTHERWISE EXPRESSLY OFFERED BY PRODUCT MANUFACTURER AND INDICATED IN WRITING BY THE COMPANY, SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. IN THE EVENT OF SELLER’S LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, BUYER’S SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED AS SET FORTH IN THE SECTION ENTITLED “NON-CONFORMING OR DEFECTIVE PRODUCTS”, TO REPAIR OR REPLACEMENT BY SELLER OF ANY DEFECTIVE OR NONCONFORMING GOODS FOR WHICH TIMELY CLAIM MAY BE MADE BY BUYER. SELLER EXPRESSLY DISCLAIMS ANY LIABILITY TO BUYER, ITS CUSTOMERS OR TO END USERS OF ITS PRODUCTS, FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT, PERSONAL INJURY, LOSS OF PROFITS, BUSINESS OR REVENUES, OR COST OR OTHER DAMAGE, LOSS OR EXPENSE FROM ANY CAUSE WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SALE OR USE OF ITS PRODUCTS. THE MAXIMUM LIABILITY, IF ANY, OF SELLER FOR ALL DAMAGES, HEREUNDER IS LIMITED TO THE PURCHASE PRICE OF THE DEFECTIVE OR NON-CONFORMING PRODUCTS SOLD PURSUANT TO THIS TRANSACTION. ANY ACTION ARISING HEREUNDER MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE OF SALE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, CONSEQUENTIAL DAMAGES OR REMEDIES, OR LIMITATION ON THE TIME FRAMES INVOLVED IN SAME, IN WHICH EVENT THESE LIMITATIONS MAY NOT APPLY TO YOU.
Any questions or comments regarding our Terms and policies should be directed, in writing, to FirstConcept Inc., at 1201 E Linden Ave, Linden, NJ 07036.