Terms & Privacy - NEW2 - AS

Terms & Conditions

 

Throughout this section, Aimée Wilder, the company, will be referred to as “AW,” “we,” “our,” and “us.”

The terms, conditions, and provisions contained in this section and the information regarding our products on this website govern the purchase of any products from AW. We reserve the right to amend these terms and conditions and all information throughout this website from time to time. We offer this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions (“terms of service”, “terms”), including those additional terms and conditions and policies referenced herein, at the point of sale online, and/or by phone, and/or by hyperlink. If these terms are considered an offer, acceptance is expressly limited to these terms and conditions. These terms apply to all users of the site, including without limitation to users who are browsers, vendors, customers, merchants, and/or contributors of content. You can review the most current version of the terms and conditions at any time on this page.

Samples

Samples of our products will be sent by US Postal Service, without tracking. Products may vary in color from how they appear on your monitor.

 If the colorway you requested is out of stock, we will send an alternate design in that colorway as well as the design you requested in the closest matching colorway. We highly recommend purchasing samples or requesting color information prior to placing an order.

Stock Availability

Many of our products are available for dispatch within 1–3 weeks of the order date. Some of our products have longer lead times — please refer to individual product pages for any notes, and to the INFO section of this website for lead times by product category.

Payment


Payment must be received in full from the customer before production and dispatch of orders, unless otherwise agreed.



Price

The AW manufacturer’s suggested retail price stands for pricing sold or goods sold as on sale. Pricing is subject to change at any time without notice.



Delivery

Delivery on all orders is “Ex Works,” meaning that the customer pays for transport costs. Delivery charges will be added to the customer’s order total at checkout and are subject to the terms of our shipping policy and lead time. Delivery will normally be by US Postal Service, or by another carrier such as UPS or FedEx. The product[s] will be delivered to the address provided by the customer, and the customer is responsible for the accuracy of address details. In the event of any shortage in delivery, or damage to goods during transit, the customer should notify us within 48 hours of delivery and must include photos of both the box and its contents in entirety. AW cannot be held responsible for lost working time or any associated costs in the unlikely event of a delivery being delayed, incorrect, damaged, or faulty. Such delays may occur for reasons including, but not limited to, inclement weather or natural disaster.



Shipping & Returns

Please refer to the 'Shipping & Returns' section of our website and for additional information by product type. Please also refer to the INFO section of our website.

On Sale Item Policy

Please refer to the 'Shipping & Returns' section of our website for our On Sale Item Policy.

Terms & Conditions by Product

For terms and conditions by product category and product type, please refer to the details within both the pages in the INFO section (Wallpaper, Tile, and/or Textile) and the 'Measuring & Installation' sections of our website.

Sale of Goods

All products are believed by Aimée Wilder to be of a quality suitable to the purpose and specification for which they are intended. Any defect should be reported to us immediately as it is discovered. Hanging and application instructions are available in the 'Measuring & Installation' section of this website. All technical information in response to a customer’s inquiry is provided in good faith. It is ultimately the customer’s responsibility to determine the satisfaction and suitability of the product in regards to the customer’s own specific situation and site conditions, which are unknown to AW. Our liability will not exceed the value of the product[s] supplied. Loss of profits and consequential, financial, and other such losses are particularly excluded.

Modifications to Products and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue products and services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the product. All descriptions of products or product pricing are subject to change at anytime without notice. We reserve the right to add custom products into our range at any time. We reserve the right to discontinue any product at any time.

Your Local Laws

The customer is responsible for any customs, duties, and/or taxes levied at the point of entry into the destination country. AW accepts no responsibility for any delay in clearing the products at customs.

General Product Terms

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction, and we may exercise this right on a case-by-case basis. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any unmet expectations will be corrected.

Accuracy of Billing & 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 customer, 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 email and/or billing address or 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 number and expiration date, so that we can complete your transaction and contact you as needed. For more details, please review our Return Policy.

Online Store

By visiting our online store, you agree to our terms and conditions, and you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature through this website. Any new features or tools that are added to the current store shall also be subject to these terms. Our store is hosted on Shopify Inc., which provides the online e-commerce platform we use to sell our products and services. We reserve the right to refuse service to anyone for any reason at any time. The headings used throughout these terms are included for convenience only and will not limit or otherwise affect these terms.

User Comments, Feedback, & Other Submissions

If you send any comments, feedback, or suggestions to us (collectively, “comments”), whether by email, postal mail, online, or otherwise, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and/or otherwise use such comments in any medium at our discretion. This includes specific submissions sent to us at our request (for example, contest entries), and any submissions sent without request by us, such as creative ideas, suggestions, proposals, plans, or any other materials. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Use of Content & Credit Card Information

You understand that your content (not including credit card information), may be transferred unencrypted and may involve transmissions over various networks, and may be changed to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To review, please read our Privacy Policy.

Errors, Inaccuracies, & Omission

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. We reserve the right, at any time without prior notice (including after you have submitted your order), to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate. We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, without limitation, except as required by law. No specified update or refresh date applied in the service, or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in these terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Indemnification

You agree to indemnify, defend, and hold harmless AW and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Severability

In the event that any provision of these terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These terms are effective unless and until terminated by either you or us. You may terminate these terms at any time by notifying us that you no longer wish to use our products and/or services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products and/or services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. These terms 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 and conditions and/or terms of service). Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.

Copyright

AW retains all rights under the Copyright Act of 1976, 17 U.S.C. §101 et seq., as licensee and/or author, of the art, designs, text, and graphics for the duration of the copyright including, but not limited to, the right to reproduce and to make derivative and/or duplicate works. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the products and content on this website, use of the services offered, or access to the service or any contact on the website through which the service is provided, without express written permission by us.

Trademark

Aimée Wilder® is a registered trademark.

Governing Law, Venue, & Attorney's Fees

Any contract between AW and the customer will be governed and construed according to New York Law and each party hereby submits to the jurisdiction of the New York Courts.

Alternative Dispute Resolution

The parties agree to engage in mediation with a mediator approved by the United States District Court for the Eastern District of New York prior to the institution of any litigation of disputes arising under this agreement.

Contact Information

Questions about our terms of conditions should be sent to us at info@aimeewilder.com.

PRIVACY POLICY

 

Effective date: May 1, 2018.

Aimee Wilder Designs LLC ("us", "we", or "our") operates the aimeewilder.com website and the www.aimeewilder.com mobile application (the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

  • Service: Service means the aimeewilder.com website and the www.aimeewilder.com mobile application operated by Aimee Wilder Designs LLC.
  • Personal Data: Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
  • Usage Data: Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Cookies: Cookies are small pieces of data stored on your device (computer or mobile device).
  • Data Controller: Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

  • Data Processors (or Service Providers): Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

  • Data Subject (or User): Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Email Address
  • First and Last Name
  • Phone Number
  • Address, State, Province, ZIP/Postal Code, City
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Location Data

We may use and store information about your location if you give us permission to do so. We use this data to provide features of our Service, to improve and customize our Service.

You can enable or disable location services when you use our Service at any time, through your device settings.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Aimee Wilder Designs LLC uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Aimee Wilder Designs LLC legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Aimee Wilder Designs LLC may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it's not overridden by your rights
  • For payment processing purposes
  • To comply with the law

Retention of Data

Aimee Wilder Designs LLC will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Aimee Wilder Designs LLC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer of Data

Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Aimee Wilder Designs LLC will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Disclosure for Law Enforcement

Under certain circumstances, Aimee Wilder Designs LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Aimee Wilder Designs LLC may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Aimee Wilder Designs LLC
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security of Data

Under certain circumstances, Aimee Wilder Designs LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

"Do Not Track" Signals

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Aimee Wilder Designs LLC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Aimee Wilder Designs LLC relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

  • Google Analytics: Google Analytics is a web service offered by that tracks and reports website traffic. Uses the data collected to track monitor use of our service. This shared with other services. May contextualize personalize ads its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en.

Behavioral Remarketing

Aimee Wilder Designs LLC uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

  • Google AdWords: Google AdWords remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads.

Google also recommends installing the Google Analytics Opt-out Browser Add-on (https://tools.google.com/dlpage/gaoptout) for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en.

  • Twitter: Twitter remarketing service is provided by Twitter Inc.

You can opt-out from Twitter's interest-based ads by following their instructions: https://support.twitter.com/articles/20170405.

You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy.

  • Facebook: Facebook remarketing service is provided by Facebook Inc..

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950.

To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217.

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA (http://www.aboutads.info/choices/), the Digital Advertising Alliance of Canada in Canada (http://youradchoices.ca/), or the European Interactive Digital Advertising Alliance in Europe (http://www.youronlinechoices.eu/), or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation.

  • Pinterest: Pinterest remarketing service is provided by Pinterest Inc.

You can opt-out from Pinterest's interest-based ads by enabling the "Do Not Track" functionality of your web browser or by following Pinterest instructions: http://help.pinterest.com/en/articles/personalization-and-data.

You can learn more about the privacy practices and policies of Pinterest by visiting their Privacy Policy page: https://about.pinterest.com/en/privacy-policy.

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

Questions about our Privacy Policy should be sent to us at info@aimeewilder.com.