Below you can view the Perfect Rugs Terms of Use. For further Information please feel free to contact us.
Welcome to The Perfect Rug! Your online resource for the perfect rug. The Perfect Rug allows you to create a custom rug to your exact specifications (within 1 inch) at a price that compares favorably to rugs from leading retailers.
The following Terms of Service (“ Terms” ) govern the services provided to you by The Perfect Rug, LLC, doing business as The Perfect Rug (“ The Perfect Rug” , “ we” , “ us” , and “ our” ), and your use of theperfectrug.com website and our associated monthly newsletters (“ Site” ).
We may, in our sole discretion, modify or revise these Terms and policies from time to time, without specific notice to you, by posting the amended Terms on this Site. Please read them carefully each time you visit the Site and before every purchase you make through the Site. You agree that your use of the Site after the date on which the Terms changed will be an indication of your acceptance of the updated Terms, and that you agree to be bound by such modifications or revisions.
TERMS AND CONDITION OF SALE
I. TERMS OF SALE
1. We are not responsible for delays beyond our control such as late vendor shipment, trucking delays or delays caused by natural disaster. We will do our best to keep you informed of shipment status.
2. Customer shall assume all risk of loss or damage to materials upon their delivery
3. Limited Warranty: We will use reasonable efforts to inspect materials before being delivered to the customer. In the event of a manufacturing defect, we will use reasonable efforts to expedite manufacturing-related claims in accord with the manufacturer’s warranty. To report a defective item, please contact Customer Service. In the rare case that a delivered product is determined defective by The Perfect Rug, we will gladly exchange the item at no cost if reported within 30 days of receipt. All defective items must be returned like new in their original packaging. If you have disposed of your packaging, Customer Service will send you replacement wrapping.
4. All textile fabrics have some degree of variability. It is normal for The Perfect Rug material to have dye or textural variations from samples and from dye lot to dye lot. Such variations are not a basis for a defect claim. Please note that rug materials can expand or contract and as such rug dimensions may be plus or minus 1 inch from specified dimensions.
5. High suction vacuums can cause piling and may void manufacturer's warranty. The Perfect Rug is not responsible for any damage caused by high suction vacuum cleaners. Please see paragraph 3 and 8 for warranty terms.
6. Please note the maximum width or length without a seam varies between 12' and 16'4" depending on the material selected. Please refer to the Specification section on the website for your material. Direction of pattern is at the discretion of The Perfect Rug to maximize material utilization. If you require a specific direction, please specify and you will be contacted if up-charges apply.
7. RETURNS: For custom area rugs, customers may cancel their order within 24 hours of order date. To cancel, please email [email protected] with order number and state you want to cancel. Refunds will be processed on the next business day after receipt of cancelation email. After 24 hours, no refunds or exchanges are possible. All orders are FOB Shipping Point and are paid in full when the order is placed. CUSTOMER’ S SOLE REMEDY, FOR ANY DEFECT OR COMPLAINT RELATING TO ANY PRODUCT PROVIDED BY THE PERFECT RUG, IS LIMITED TO REPAIR OR REPLACEMENT, AT THE PERFECT RUG’ S OPTION, OF ANY ITEM DEEMED DEFECTIVE BY BOTH CUSTOMER AND THE PERFECT RUG, AND TIMELY NOTICED TO THE PERFECT RUG AS SET FORTH IN PARAGRAPH 3, ABOVE.
Quick Ship area rugs may be returned for credit within 14 days of receipt of the rug. A Return Authorization (RA#) must be requested from [email protected]. The rug must be packaged in the original packing material just like you received it and returned in “like new” condition. If you need packaging material, we can send it to you for a fee. The return freight is the responsibility of the customer returning the item. Note: Returned rugs will be inspected and must be in NEW condition for refund.
8. Except for the Limited Warranty set forth in paragraph 3 above, NO WARRANTY, EXPRESS OR IMPLIED, IS MADE AS TO THE MATERIALS WARRANTIES APPLICABLE TO MATERIALS ARE LIMITED TO THOSE PROVIDED BY THE MANUFACTURER. THE IMPLIED WARRANTIES OF MERCHANTABILTY AND FITNESS FOR A PURPOSE ARE EXCLUDED FROM THESE TERMS AND CONDITIONS.
9. Except for a breach of the Limited Warranty set forth in paragraph 3 above, and other than the remedy set forth in paragraph 5 above, IN NO EVENT WILL THE PERFECT RUG OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR OUR SERVICES, EVEN IF THE PERFECT RUG HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES.
II. REVIEW OF YOUR CUSTOM AREA RUG ORDER
We provide the online tools for you to design and review your custom rug order before submission. Because of the custom nature of each order, we are unable to accept returns, so we encourage you to carefully review your order to ensure its accuracy before submitting. Because we are an online business and because we cannot allow for returns of custom area rugs, we highly recommend you learn about our materials and request samples before you place any order for the purchase of a rug. We will ship your samples within 2 to 3 business days via First Class mail. Please contact us if you would like special accommodations.
III. PRODUCT COLOR AND MATERIAL REPRESENTATIONS
We attempt to describe our products as accurately as possible. However, we cannot guarantee that product representations appearing on this Site are completely accurate. Colors and textures, as they appear on your computer monitor, may vary slightly from the actual materials. For custom area rugs and to assist in receiving an order that satisfies your needs, please order samples before placing your order.
IV. RETURNS, EXCHANGES AND CANCELLATIONS
a) For custom area rugs, no refunds or exchanges are possible. All orders are FOB Shipping Point and are paid in full when the order is placed. The Customer agrees that inability of The Perfect Rug or its agents to deliver an order because the customer either refuses the delivery or will not schedule the delivery shall constitute delivery of the customer's order and is not grounds for a refund. CUSTOMER’ S SOLE REMEDY, FOR ANY DEFECT OR COMPLAINT RELATING TO ANY PRODUCT PROVIDED BY THE PERFECT RUG, IS LIMITED TO REPAIR OR REPLACEMENT, AT THE PERFECT RUG’ S OPTION, OF ANY ITEM DEEMED DEFECTIVE BY BOTH CUSTOMER AND THE PERFECT RUG, AND TIMELY NOTICED TO THE PERFECT RUG AS SET FORTH IN PARAGRAPH 3 IN TERMS OF SALE ABOVE.
b) Quick ship area rugs may be returned for credit within 14 days of receipt of the rug. A Return Authorization (RA#) must be requested from [email protected]. The rug must be packaged in the original packing material just like you received it and returned in “like new” condition. If you need packaging material, we can send it to you for a fee. The return freight is the responsibility of the customer returning the item. Note: Returned rugs will be inspected and must be in NEW condition for refund.
V. PAYMENT AND SALES TAX
We reserve the right to reject, at our discretion, any method of payment. Acceptable methods of payment are identified during the checkout process. We collect applicable sales tax on all orders shipped to Georgia and Idaho.
VI. PRICING
All prices on the Site are subject to change and/or correction at any time.
VII. DELIVERY
For custom area rugs, we will begin to manufacture your rugs once your order has been placed and payment received. We strive for a 15 business day production time. (WE WILL DO OUR BEST TO INFORM YOU IF YOUR ORDER WILL TAKE ADDITIONAL TIME). All rugs go through Quality Assurance and Packaging before being shipped. Smaller rugs (8x10 or less) are shipped via UPS and generally take 2-7 business days for shipping. Oversized items will be shipped via freight carrier and shipping can take anywhere from a few days to weeks, depending on delivery location. If White Glove delivery is not selected, be prepared to assist in unloading your freight delivery. Any additional shipping fees are the sole responsibility of the customer. This includes but is not limited to additional charges for deliveries to rural and remote areas, white glove service (see below), areas in New York and similar densely populated areas, and addresses determined to be undeliverable. The free shipping covers curbside delivery. Any additional delivery charges are the responsibility of the customer/receiving party and will be billed to the form of payment on file. You will be contacted if additional charges apply.
Quick Ship rug orders will usually ship within 5 business days of order receipt.
White Glove Service
For large rugs, we recommend our White Glove Delivery. You will receive a call from our carriers to schedule a convenient delivery window. Upon arrival, rugs are delivered into your home, placed in the room of your choice (including up or down one flight of stairs), unpacked, packaging is removed, and rug is rolled out (furniture will not be moved). Note deliveries to remote/isolated areas and to large cities require a surcharge. Deliveries up or down more than one flight of stairs require a surcharge (please indicate if you require more than one flight of stairs).You will be contacted if additional charges apply.
VIII. SHIPPING DAMAGE
If your rug appears to be damaged upon delivery, refuse delivery of the rug from the shipper and call or email ([email protected]) us immediately so that we can make arrangements. If the rug is delivered when you are not at home, leave the rug in the original packaging and call The Perfect Rug. We will arrange for pick-up of the rug, handle any damage claim with the shipper and arrange for a replacement.
Open and inspect your rug as soon as you receive it. Any damage to the rug must be reported within 48 hours of delivery.
A few steps to perform upon receipt of products from a Freight Carrier:
- Check to ensure everything is there. DO NOT sign for delivery until you have completely inspected the rug.
- If something is missing, note it on the bill of lading.
- Check for obvious signs of damage. If you note something that looks damaged, first bring it to the driver’s attention. Open that package, and carefully inspect the product. Note any damage directly on the bill of lading.
Have the delivery person confirm the missing goods or damage by signing the Bill of Lading. If you are unable to inspect the product then sign your Bill of Lading," received subject to inspection."
Keep a copy of the bill of lading.
We are not responsible for packages that are stolen, lost or damaged after the delivery drivers confirms delivery of your rug order. We recommend watching the provided tracking information on the day of delivery to receive the rug delivery in-person at the time of delivery.
Need It Sooner?
Expedited delivery options are available for most products for an additional charge.
Exceptions
Please note: On rare occasions, there may be delays due to out-of-stock materials, inventory taking, shipping delays, and temporary factory overload or factory closures. You will be notified via email if production will take more than three weeks.
Alaska, Hawaii and Canada
For shipments to Alaska, Hawaii and Canada, additional shipping charges will apply which will be quoted prior to shipment. Express shipments are not available to Alaska or Hawaii. We do not offer shipping outside the United States (except to Canada), or to APO/FPO addresses, Guam or Puerto Rico.
VIII. THESE TERMS AND CONDITIONS OF SALE MAY CHANGE
We reserve the right to update or modify these terms and conditions of sale at any time without prior notice to you. Your use of the Site following the date of such change constitutes your agreement to be bound by the terms and conditions as changed.
TERMS & CONDITIONS FOR USE OF OUR SITE
I. ACCEPTANCE AND ELIGIBILITY
These Terms apply to all visitors of the Site. By using the Site or by making a purchase through the Site, you signify your acceptance both to these Terms and to our Privacy Policy, which is incorporated by reference into these Terms and made a part hereof. If you do not agree to these Terms, we ask you to please discontinue your use of the Site. References to “content” herein refer to all aspects of the Site, including but not limited to all products, software, and services offered via the Site, all newsletters or similar content, as well as all text, images, photos, source code, articles, design, and all other forms of data or communication created, posted, displayed, or transmitted by the Site. We reserve the right, in our sole discretion, to modify or revise any Site content, at any time. Our Site is not intended for anyone under 18 years old. By using the Site or registering to receive our newsletters, you are representing that you are at least 18 years old. You must be 18 years or older in order to place an order.
II. OUR NEWSLETTER
You do not have to register with us to view this Site. To register for our newsletters you need only provide us your name and email address. If at any time you wish to unsubscribe to the newsletters, please follow the steps provided in the newsletter email on how to unsubscribe.
III. USE OF THE SITE
Subject to these Terms, The Perfect Rug grants you permission to use the Site, access its newsletters, and make purchases solely for your use as intended through the normal functionality of the Site. If you violate any of these Terms, we may, at any time, revoke permission to use the Site and terminate your account. The Perfect Rug reserves the right to discontinue or make modification to the Site at any time. Except for allowing you to use the Site for your personal use as set forth above, when you use the Site, you are NOT receiving a license or any other rights from us, including intellectual property or other proprietary rights of The Perfect Rug. We reserve all rights not expressly granted, in and to the Site, our Newsletters and their content.
IV. RESTRICTIONS ON USE
In your use of the Site you agree that you will not: 1. Use the Site or newsletters for any illegal activity or to violate laws in your jurisdiction 2. Exploit the Site to access unauthorized information 3. Modify the Site content 4. Copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content on the Site or in the newsletters, in whole or in part, without our prior written consent 5. Engage in or contribute to any wrongdoing that may create any liability for us 6. Harm minors in any way or solicit personal information from anyone under 18. 7. Use the Site to infringe or violate ours or any third party rights including breach of confidence, copyright, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary right 8. Provide false or deceptive information, or impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity 9. Use any email address that you do not have authorization to use, to sign up for our newsletters 10. Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein 11. Decompile, disassemble, or reverse engineer any portion of the Site, except as may be permitted by law 12. Process, collect or record user information or Site content, or otherwise access the Site without our permission, using automated means, such as but not limited to robots, spiders, scrapers, or site search/retrieval applications 13. Contribute content that contains restricted access mechanisms, hidden content of any kind, or utilize SQL injection or cross site scripting methods 14. Use the Site or any content to transmit any computer virus, worm, defect, Trojan Horse, or any other item of a destructive nature
V. OWNERSHIP
All intellectual property rights in the content of the Site (including copyrights, trademarks, trade secrets and patents) are the property of The Perfect Rug, LLC unless indicated otherwise. The Site and material published on the Site are owned by us or our licensors. We own copyright in the individual pages, and their components, and collective works available at the Site as well as the selection, coordination, arrangement and enhancement of the Site’ s content and we also own copyright in the Site. The Site is copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. No portion of it may be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without our prior written permission. The Perfect Rug is a trademark and property of The Perfect Rug, LLC. All trademarks appearing on this Site are trademarks of their respective owners, including The Perfect Rug, LLC and its affiliates. You are prohibited from using any of The Perfect Rug’s marks without our prior written permission.
VI. SECURITY AND ACCOUNT
In order to access some features of the Site, including purchasing options, you will have to register with the Site and create an account. You may not use another user’s account without their prior written permission. When you create an account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. If we believe that your registration information may not be complete, current, or accurate, or that you have otherwise violated these Terms of Service, we reserve the right to suspend or terminate your account and disallow you further access to the Site. You are solely responsible for the activity that occurs on your account, and you must keep your login information and account password secure. You may change your password at any time by updating your account settings. In addition, you agree to promptly notify us of any unauthorized use of your password or login information, the intentional or inadvertent disclosure of your password or login information, any other need to deactivate your account due to potential or actual security concerns, or any other breach of security. We are not liable for any damages or harm related to any unauthorized use of your password or login information, the theft or loss of your password or login information, your intentional or inadvertent disclosure of your password or login information, or your authorization to allow another person or entity to use your account or login information. You agree to indemnify the Company for any damages or losses that may be incurred or suffered by any party, including but not limited to us and other users of the Site, as a result of your failure to maintain the confidentiality of your account information, password and login information.
VII. LINKS TO OTHER MATERIALS
The Site may provide third party content and links to other internet sites or resources. We are not responsible for the accuracy, completeness or usefulness of any third party content, nor do we make any endorsement claims for the Site’ s third party content. You use the Site and the content at your own risk. Because we have no control over the linked sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials contained in or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any third party site or resource. We reserve the right to terminate any link at any time the links we provide are for convenience only. It is your responsibility to evaluate the content and usefulness of information obtained from other sites.
VIII. WARRANTY DISCLAIMER
YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM EXPERIENCED FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION AND CONTENT (INCLUDING ANY THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THE PERFECT RUG MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE PERFECT RUG MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND THAT THE PERFECT RUG DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR NEWSLETTERS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND NEWSLETTERS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PERFECT RUG DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
IX. LIMITATION OF LIABILITY
IN NO EVENT WILL THE PERFECT RUG OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR OUR SERVICES, EVEN IF THE PERFECT RUG HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. THE PERFECT RUG IS NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE TRANSMISSION OF INFORMATION OVER UNENCRYPTED SYSTEMS SUCH AS EMAIL OR THE INTERNET. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
X. INDEMNITY
You understand that you are personally responsible for your use of the Site. You also agree to indemnify and hold The Perfect Rug, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) arising from: your use of and access to the Site your violation of any of these Terms or your violation of any applicable law or any right of any third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
XI. MISCELLANEOUS PROVISIONS
No Agency
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
Assignment
We may assign these Terms, in whole or in part, in our sole discretion. You may not assign any right under these Terms without our prior written permission. Any attempt by you to assign a right under these Terms without our permission shall be void and non-binding on The Perfect Rug.
Entire Agreement
These Terms, including our Privacy Policy [LINK] and any other The Perfect Rug policy which is incorporated herein by reference, are the entire agreement between you and The Perfect Rug. They supersede any and all prior or contemporaneous agreements, either oral or written, between you and The Perfect Rug relating to your use of the Site. These Terms may not be amended or supplemented by any purchase order or similar form originated by you relating to the subject matter hereof, or by any written or oral statements of any of our employees.
Termination and Survival
We reserve the right to terminate these Terms and your access to the Site at any time, with or without cause. Sections V through XI of these Terms shall survive the expiration or termination of these Terms for any reason whatsoever.
Waiver and Severability of Terms
If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of The Perfect Rug to partially or fully exercise any rights under these Terms or the waiver of any of the terms of these Terms by The Perfect Rug shall not prevent a subsequent exercise of such right by The Perfect Rug or be deemed a further or continuing waiver by The Perfect Rug of that or any other term. The rights and remedies of The Perfect Rug under these Terms and any other applicable agreement between you and The Perfect Rug shall be cumulative, and the exercise of any such right or remedy shall not limit The Perfect Rug 's right to exercise any other right or remedy.
No Third Party Beneficiaries
Nothing in these Terms shall be deemed to confer any third party rights or benefits.
Applicable Law
The Site is offered and controlled by The Perfect Rug, which is located in Idaho. The Site may not be, and we make no representations that it is, appropriate or available for use outside of the United States. We will not deliver product outside of the United States.
Choice of Law and Forum
These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Idaho, without regard to any choice of law provisions. Any claim or dispute between you and The Perfect Rug that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Boise, Idaho.
Limitation of 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 Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Headings
The section titles in these Terms are for convenience only and have no legal or contractual effect.
XII. CONTACT AND VIOLATIONS
Questions about these Terms, or information about any violation of them, may be emailed to: [email protected]