Terms of Use
IMPORTANT! These Terms of Use govern your (the “User” or “You”) use of the AngelBoo . Web Site (the “Web Site” or “Site”) provided by AngelBoo . (“AngelBoo”). By using, browsing or accessing this Site, You warrant that you are of the age of majority and agree to these Terms of Use. These Terms of Use are subject to change by AngelBoo at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms of Use regularly. These Terms of Use were last updated: Jan. 1 2018.
1. APPLICABILITY User has a nonexclusive, non-transferable, limited, and revocable right to use the Web Site solely for User’s personal educational or informational use or use to purchase AngelBoo products. User shall not use the Web Site for any other purpose, including any commercial purpose, without AngelBoo’s express prior written consent. For example, User shall not, and shall not authorize any other person to, (i) Co-brand the Web Site or portion thereof, or (ii) frame the Web Site or portion thereof (whereby the Web Site or portion thereof will appear on the same screen with a portion of another web site). “Co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site (the “Content”). User agrees to cooperate with AngelBoo in causing any unauthorized Co-branding, framing or linking to immediately cease.
2. PROPRIETARY INFORMATION User acknowledges and agrees that the Content is the proprietary information of AngelBoo and its content providers, and AngelBoo and its content providers retain all right, title, and interest in the Content. Accordingly, User shall not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of AngelBoo or the applicable content provider except that User may print out a copy of Content solely for User’s personal use. In doing so, User shall not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content, as they are the property of AngelBoo or other third parties. User shall not modify or alter any of the Content, which is protected by trade dress and other laws and may not be copied or imitated in whole or in part. AngelBoo aggressively enforces its intellectual property rights in the Content and elsewhere to the fullest extent of the law.
3. DISCLAIMER. ANGELBOO MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS WEB SITE. ANGELBOO DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. EXCEPT FOR ITS LIMITED WARRANTY ON PRODUCTS AND SERVICES AS STATED IN ITS TERMS AND CONDITIONS OF SALE, ANGELBOO SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO ITS PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR ANY OTHER MATTER.
4. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANGELBOO, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANYONE FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS WEB SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, OR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION RELATING TO THE SITE. USER HEREBY EXPRESSLY WAIVES ANY SUCH DAMAGES EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, TORT, BY OPERATION OF LAW, OR OTHERWISE.
5. INDEMNITY. User shall indemnify and hold AngelBoo, its licencors, content providers, service providers, affiliates, officers, directors, agents, partners and employees (the “Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content User submits, posts to or transmits through the Site, User’s use of or connection to the Site, User’s breach of these Terms of Use, any use of the Content by User other than as expressly authorized in these Terms of Use, or User’s violation of any rights of another person or entity. User agrees that the Indemnified Parties shall have no liability in connection with any such violation or unauthorized use, and User agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.
6. PRODUCT ORDERS. AngelBoo will use its best efforts to fulfill all orders but cannot guarantee the availability of any particular product displayed on this Site. AngelBoo reserves the right to discontinue the sale of any product listed on this Site at any time without notice. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different purchaser’s requirements, geographic locations, other market factors and quantity ordered. The prices displayed on this Site may not include shipping, handling, insurance or sales taxes, if applicable, which shall be added to your total invoice price. You are responsible for the payment of any shipping, insurance and handling charges and state and local sales or use taxes that may apply to your order. AngelBoo reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions on this Site, including after an order has been submitted. AngelBoo has tried to display the colors of the products shown on this Site as accurately as possible. However, because the colors User sees depend on User’s monitor, AngelBoo cannot guarantee that the display of any color will be accurate. For further information about purchasing products from AngelBoo, please read the FAQ section on this Site.
7. ORDERING DISCLAIMER. Your electronic order confirmation, or any form of confirmation, does not signify AngelBoo’s acceptance of your order. AngelBoo reserves the right to accept or deny shipment to anyone for any reason. AngelBoo reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, AngelBoo reserves the right to cancel the order, notify the cardholder and the proper authorities.
8. THIRD PARTY INTERACTIONS. During use of the Web Site, User may enter into correspondence with, purchase products or services from, or participate in promotions of advertisers or sponsors showing their products or services through the Web Site. Any such activity is solely between you and the applicable third party. AngelBoo shall have no liability, obligation or responsibility for any correspondence, purchase or promotion between you and such third party. AngelBoo does not endorse any sites on the Internet that are linked through its Web Site. AngelBoo provides these links only as a matter of convenience to User, and in no event shall AngelBoo be responsible for any content, products or other materials from such sites.
9. APPLICABLE LAW These Terms of Use shall be governed by the laws of the State of Minnesota, U.S.A. without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods, 1980, and any successor thereto, shall not apply. Any suit must be brought in a state or federal court sitting in Minnesota, U.S.A., and User irrevocably accepts the jurisdiction of such courts. THE PARTIES IRREVOCABLY AND KNOWINGLY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THE WEB SITE OR REGARDING ANGELBOO’S PRODUCTS OR SERVICES. NEITHER PARTY SHALL BE LIABLE FOR ANY CLAIM BROUGHT MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION FOR SUCH CLAIM FIRST AROSE.
10. PRIVACY AND SECURITY AngelBoo gathers User information for a variety of reasons, including a desire to improve the Web Site, to understand which areas of the Web Site are used most often, to enhance the on-line shopping experience, and for marketing and promotional purposes. The types of information gathered includes data collected in the course of processing sales transactions and information provided by Users in response to surveys or in response to other requests for information. The data gathered is at times shared with corporate affiliates of AngelBoo, but it will not be provided to other companies. If User does not want to receive promotional emails from AngelBoo, User can opt out anytime using the link provided in all newsletter emails. AngelBoo uses its best efforts to utilize the latest technology for shopping and ecommerce security and orders are transmitted over secure Internet connections using SSL (Secure Sockets Layer) encryption technology. User’s personal information, including credit card and sign-in password are stored in encrypted format. If User ever is concerned with security or are encountering security problems or concerns relating to this Site, please don’t hesitate to contact AngelBoo by phone (612-200-0084) or email.
11. PROHIBITED COMMUNICATIONS User may submit only User or project content to the Site that is (a) owned by User, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. User is prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violations of these restrictions may result in denial of or limitations on access by User to this Site.
12. CANCELLATIONS, RETURNS AND EXCHANGES.
We want you to be happy with your new product! Customer satisfaction is very important to us so we will go out of our way to accommodate you as best we can. You are able to cancel your order within three business days of placing your order.
If you do need to cancel your order after three business days, it may be subject to a 20% restocking fee. For most items*, if the order you received is not what you ordered, AngelBoo will be happy to process a return for you within 10 calendar days of receipt of item. Before returning an item, please call us (612-200-0084) or email to obtain return instructions. For warranty claims, see our warranty
Items returned must be unused in their original condition, and in their original packaging, complete with all tags, instructions, and insert. The return must be post-marked within ten (10) calendar days of receiving the item. If you have your order number, please include it on the outside of the box.
Credit card orders will receive refunds in the form of a credit. Orders paid by check will receive a check.
Please be aware that furniture is susceptible to damage during transit. AngelBoo takes great care to pack shipments so that they will arrive safely. Be sure to inspect all packages for damage before signing for the package. If damage is visible, reject the shipment, be sure the driver notes the damage and contact AngelBoo as soon as possible. AngelBoo will file a damage claim with the shipper and ship a replacement as soon as possible.
If the item(s) sent was incorrect, or defective, please contact Customer Service by phone (612-200-0084) or email. Please be aware that furniture is susceptible to damage during transit. You may have to provide supplementary packing materials if the outer carton has been damaged during the original trip out to you. If you are returning the item, please ship with a carrier that provides tracking numbers and request insurance to ensure safe return. You are responsible to ensure the item is returned safely to AngelBoo .
Pending inspection, a refund will be issued for the purchase price of the items returned. Items will be inspected and are subject to a restocking fee if items are found damaged or missing parts. If the item is not in new condition when returned, or missing parts the customer will be charged a fee based on the missing items and its condition. If you refuse the delivery of a package without prior consent, you will be charged for return shipping. To avoid any confusion, please refer to the refund grading scale below.
Grade
Refund % Criteria
A
100%
-
No cosmetic marks, stains, burns, scuffs, rips, tears, holes, dings, dents or scratches.
B
90%
-
Any cosmetic marks, stains, burns, scuffs, rips, tears, holes, dings, dents or scratches less than one inch.
C
80%
-
Any cosmetic marks, stains, burns, scuffs, rips, tears, holes, dings, dents or scratches between one and two inches.
-
Missing parts, pieces, screws or any component that came with the item.
D
70%
-
Any cosmetic marks, stains, burns, scuffs, rips, tears, holes, dings, dents or scratches between two and six inches.
E
50%
-
Any cosmetic marks, stains, burns, scuffs, rips, tears, holes, dings, dents or scratches over six inches.
-
Any significant bends, breaks or other damage to furniture, but item is functional.
F
0%
-
Any significant bends, breaks or damage to furniture, or anything that affects the functionality of the item.
*AngelBoo will not accept returns on custom orders. Contract/trade orders that are purchased at a discount (see AB Pro) are considered custom orders and cannot be returned unless deemed defective.
13. CONTACTING ANGELBOO. All questions, comments or inquiries may be directed to: Contact, Customer Service. Although AngelBoo will in most circumstances be able to receive User’s correspondence, AngelBoo does not guarantee that it will receive all such information timely and accurately and shall not be legally obligated to read, act on or respond to any such submitted information.
14. SUBMISSIONS. AngelBoo welcomes your comments regarding this Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to AngelBoo shall be and remain the exclusive property of AngelBoo. Your submission of any such Comments shall constitute an assignment to AngelBoo of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. AngelBoo shall be entitled to use, reproduce, disclose, publish and distribute any material User submits for any purpose whatsoever, without restriction and without compensating User in any way. For this reason, AngelBoo asks that User not send any Comments that User does not wish to assign to AngelBoo, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
15. MISCELLANEOUS. Waiver. Failure of AngelBoo to enforce at any time any of the provisions of these Terms of Use shall not be construed to be a continuing waiver of any provisions nor shall any such failure prejudice the right of AngelBoo to take any action in the future to enforce any provisions there under. Notices. Notices shall be in writing and shall be (a) delivered by hand to: 100 1st Street South, #582824, Minneapolis, MN 55401; (b) sent by email ; or, (c) sent by receipted courier service to 100 1st Street South, #582824, Minneapolis, MN 55401. Notices shall be effective: (i) when received, if delivered by hand or sent by receipted courier service; (ii) when sent, if sent by email if delivery by email sent no later than 4:00 PM (receiver’s time) on a business day; (iii) the next business day if sent by email on a non-business day or after 4:00 PM (receiver’s time) on a business day. Severability. If any provision of these Terms of Use is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, then the validity and enforceability of the remaining provisions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there shall be added as part of these Terms of Use one or more provisions as similar in terms as may be legal, valid and enforceable under applicable law.