Terms of service

My Object of Desire Terms & Condition

Last Updated: October 21st, 2020

Introduction

Thank you for visiting My Object of Desire!

Please read these Terms & Conditions carefully.

This agreement is between you and My Object of Desire (“we” or “seller”). By accessing or using the services or making a purchase from us, you agree to be bound by these Terms & Conditions and any terms incorporated herein by reference. If you do not agree to these Terms & Conditions, do not access or use the services or make a purchase from us.

We reserve the right to change or revise these Terms & Conditions at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services or purchase products or services from us following the posting of any changes to these Terms, you confirm your acceptance of the revised Terms. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access and use the Services and purchase products or services from us.

If you have any questions, comments or concerns about these Terms, please contact us at [email protected].

1.       Privacy Policy & Security. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
2.       Registration & Accounts. In order to access and use certain areas or features of the Services, including to make any purchases, you will need to register for a My Object of Desire account. When registering as a member, you agree to (a) provide accurate, current and complete account information; (b) maintain and promptly update your account information as necessary; (c) maintain the security of your account credentials and the information you provide to us; (d) do not share your account credentials with others; and (e) notify us immediately if you discover or otherwise suspect any security breaches related to the Services or your account.

The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older; (b) have not been previously suspended or removed from the Services or engaged in any activity that could result in suspension or removal from the Services; and (c) have full power and authority to enter into these Terms and that doing so will not violate any other agreement to which you are a party.

1.       Terms of Sale. These Terms govern the purchase and sale of products and services from and by My Object of Desire.
2.       Pricing & Availability. All prices are shown in U.S. dollars, and taxes, shipping and handling charges are additional. All products and services are subject to availability, and we reserve the right to impose quantity limits on any order, cancel all or any part of an order, and discontinue products and services without notice, even if you have already placed your order. All prices are subject to change without prior notice.
3.       Payment & Billing Information. We accept Visa and MasterCard. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your order may be suspended or cancelled if you do not resolve the issue promptly. In the event that you want to change, or update payment information associated with your online My Object of Desire account, you can do so at any time by logging into your account and editing your payment information. You acknowledge that the amount billed may vary due to promotional offers, changes to your order or changes in taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
4.       Taxes. We are required by law where we have a presence to charge applicable sales tax on products shipped to those jurisdictions that levy such a tax. In certain states, we are also required to charge tax on shipping charges.
5.       Errors. We attempt to be as accurate as possible and to eliminate errors; however, this site may contain typographical errors or inaccuracies and may not be complete or current. In the event of an error, in an order confirmation or in processing an order or delivering a product or service, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.
6.       Shipping & Handling. You agree to pay any shipping and handling charges presented to you at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. When you purchase a product from us, any shipping times we provide are estimates only and actual delivery dates may vary. In addition, some products are delivered by our white-glove and/or entryway services and require an appointment with you for in-home delivery.

 Title to, and the risk of loss for, all products pass to you upon delivery to you. 

1.       Cancellations. Prior to production, shipping, local pickup or local delivery, buyers may cancel an order for any reason within 24 hours of purchase if you would like to cancel an order, as prompt cancellation will reduce the likelihood that you will incur return shipping charges.

Once production has begun or shipping has been initiated, the cancellation will be considered a return, and you will be responsible for packaging and shipping the returned item, including both the outbound shipping costs and the costs to return the order to the seller. If you decide to cancel the order at the time of local pickup or local delivery, you or your agent must reject the item at the time of pickup or delivery from the seller. Do not take the item with you or accept the curbside delivery. and you will be charged a 25% restocking fee.

Orders originating outside of the continental United States cannot be cancelled once shipping has been initiated.

1.       Inspection of Product & Damaged or Missing Products. A qualified receiving person should be present to accept products when delivered directly to a home. A signature on the POD (Proof of Delivery) upon receipt of the products confirms that the products are received in good condition, unless a written exception is made on the POD. If the merchandise is refused upon delivery for quality or damage issues, the receiver should contact My Object of Desire immediately. If you are unable to inspect the merchandise at the time of receiving the shipment, note on the POD that any concealed damage of boxed or crated products will be the responsibility of the carrier or the manufacturer as determined upon inspection of the products.
2.     Have the driver sign your copy of the delivery receipt.
3.     Take pictures of noted damages of item and packaging.

iii.      Do not discard packaging, as insurance adjuster will need to review item and packaging when a claim has been filed.

1.     Contact My Object of Desire as soon as you inspect item(s) received to advise them of any damages as a claim will need to be filed by them within 48 hours of delivery

Note: Courts have generally ruled that a consignee may not open the containers and examine the merchandise before giving a receipt to the carrier unless the containers indicate the probability of damage. If you discover damage after delivery and the delivery receipt has a vague notation or no notation, it may result in a denied claim. Damages that are caused by the Freight Carrier and occurred during transit from My Object of Desire to the Consignee, are not the responsibility of My Object of Desire. It is the Consignee’s responsibility to inspect items received upon delivery to ensure proper measures can be taken to file a claim with the Freight Carrier **Photos of damages of the product, crate and packaging are mandatory for filing a claim, along with a written detailed description. My Object of Desire will not honor any claims without this documentation. ** All product claims should be reported directly to My Object of Desire within 48 hours of receiving the product. You will then be given directives on how/where to send the proper documentation. Do not attempt a return without first having obtained a My Object of Desire written authorization. My Object of Desire will not accept returns without prior written authorization.

1.       Returns & Refunds. We accept returns and issue refunds for certain products that are returned to us in an unused and re-saleable condition within 30 days of receipt with a restocking fee of 30% of the price of the product. Note that some products are not eligible for return. You can find out if a product is eligible for return by reviewing the product description, your order confirmation email or the order details page in the “Orders” section of your online My Object of Desire account. Products marked “final sale” are not eligible for return.

In the event that we issue a refund, we will credit the payment method you used to purchase the product but note that we will not refund the original shipping fees or design fees. We may also charge return shipping and restocking fees. For more information about returns, including return shipping and restocking fees, please see our Returns page.

1.       Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) MY OBJECT OF DESIRE AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) MY OBJECT OF DESIRE DISCLAIMS ALL WARRANTIES WITH RESPECT TO MY OBJECT OF DESIRE AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS SECTION DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH MY OBJECT OF DESIRE.

ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH MY OBJECT OF DESIRE AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES").

While we try to maintain the timeliness, integrity and security of My Object of Desire, we do not guarantee that My Object of Desire Website is or will remain updated, complete, correct or secure, or that access to My Object of Desire Website will be uninterrupted. My Object of Desire Website may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to My Object of Desire Website. If you become aware of any such alteration, please contact us at [email protected] and provide a description of such alteration and its location.

1.       Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: MY OBJECT OF DESIRE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA MY OBJECT OF DESIRE (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) MY OBJECT OF DESIRE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE MY OBJECT OF DESIRE WEBSITE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS; (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH MY OBJECT OF DESIRE WEBSITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING IT; AND (C) THE MAXIMUM AGGREGATE LIABILITY OF MY OBJECT OF DESIRE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO MY OBJECT OF DESIRE TO USE MY OBJECT OF DESIRE WEBSITE; AND (2) TEN U.S. DOLLARS ($10).

ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH MY OBJECT OF DESIRE AND THE AFFILIATED ENTITIES.

Applicable law in other states may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

1.       Samples/Memos. Please note that samples ordered through our website are intended as a representation of the color and texture of a fabric, leather or wallcovering, and may not show the full design. We aim to display the colors accurately, although we cannot guarantee that your computer’s display shows the true colors of our collection. The Samples sent to you may, therefore, vary slightly from the images on our website. All images on our website are for illustrative purposes only. Every effort is made to ensure that the fabrics, leathers and wallcoverings we supply correspond as closely as possible to our Samples. However, variations in color between batches may occur from time to time during normal manufacturing processes. We cannot guarantee that any fabric, leather or wallcovering that we subsequently supply will match exactly the Samples sent to you. All Samples of materials shown on our website are subject to availability. Samples have a non-returnable fee that goes as follows:

Samples of Fabrics: First 5 samples are free, $1.00 each for more than 5 (5.90”x3.93”)

Samples of Synthetic Leathers: $2.00 each (2.75”x2.75”)

Samples of Leathers: $5.00 each (2.75”x2.75”)

Wallcoverings: Small sample is $10.00 (2.75” x 2.75”) & Big sample is $25.00 (6.29”x3.93”)

Standard/Regular Shipping for US is free. Customer is charged for Express Shipping (overnight, 1 to 2-day shipping, etc.).

1.       Feedback. You can submit questions, comments, suggestions, ideas, complaints, original or creative materials and other information about My Object of Desire, the Services and our products and services which will not be publicly available when submitted to us. Feedback is nonconfidential and shall become the sole property of My Object of Desire. My Object of Desire shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
2.       User Conduct. You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the My Object of Desire website or any third-party platforms where we have an official presence (such as Facebook, Twitter, Instagram, Pinterest and YouTube). You agree that you will abide by these Terms and will not:
3.       Transmit any information, data, text, images, files, links or software through the My Object of Desire website, except as authorized by us;
4.       Use or attempt to use another member’s account without authorization from such member and My Object of Desire;
5.       Use the My Object of Desire website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying it or that could damage, disable, overburden or impair the functioning of the website in any manner;
6.       Introduce to the My Object of Desire website and associated platforms and communication channels any viruses, worms, Trojan horses and/or harmful codes;
7.       Obtain unauthorized access to any computer system, including, without limitation, access to any API that may be provided by My Object of Desire in a manner not authorized by us;
8.         Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the My Object of Desire website you are not authorized to access;
9.       Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
10.       Impersonate any other person, including, but not limited to, a registered member of the My Object of Desire website or an employee of My Object of Desire;
11.         Invade the privacy or violate any personal or proprietary rights, including intellectual property rights, of any person or entity;
12.         Conduct fraudulent activities;
13.       Develop any third-party applications that interact with User Content or the My Object of Desire website without our prior written consent;
14.         Collect or harvest information regarding other users of the My Object of Desire website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email;
15.     Abuse special discounts, awards or incentives offered by My Object of Desire (unless otherwise specified, only one offer is valid per person, with a maximum of two per household);
16.       Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the My Object of Desire website, extract data or otherwise interfere with or modify the rendering of Service pages or functionality; or
17.     Use the My Object of Desire website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms & Conditions.

1.   Disclaimers . What follows applies only to your use of our website and does not affect any rights you have under the Uniform Commercial Code, applicable laws addressing products liability or rights you have pursuant to our return policy at myobjectofdesire.com. We accept returns subject to prior approval and with certain exclusions. Please refer to our Return Policy for further details. The following, though, is important information about your use of this Website.

THIS WEBSITE CONTENT IS PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS.

Furniture: Many wood and metal finishes are applied by hand and may vary in color, tone and character. While Manufacturer will make every effort to match a finish, no guarantee can be made of an exact match. Manufacturer does not guarantee finishes against fading and oxidizing. Variations in color and veining are inherent in stone and wood and considered to be part of the natural beauty. Furniture and lighting are handmade, and therefore are subject to slight variations.

Textiles and Soft Goods: Manufacturer does not guarantee fabrics or soft goods, dyed or natural, from fading, normal wear, or slight variations in color.

Tables: Table designs are handmade and are subject to slight inconsistencies. Tabletops and bases are made and shipped in separate crates. Glass tabletops are not anchored to the base upon arrival, and thus do not guarantee maximum stability upon placement.

Consoles: All console designs are handmade and subject to slight inconsistencies. Certain console designs could cause a small percentage of instability upon movement. Please exercise caution when moving consoles, providing proper support, as they are very fragile.

1.   Termination & Modifications. We reserve the right to terminate your right to access and use the My Object of Desire website, at any time and for any or no reason.

We reserve the right to change any and all materials and to modify, suspend or stop providing access to the My Object of Desire website (or any features or functionality of it) at any time, without notice. You acknowledge that temporary interruptions in the availability of the My Object of Desire website may occur from time to time as normal events.