PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Site-wide promotions are offered on a limited time basis and are not honored past the expiration date. Site-wide promotions may not be applied to already discounted or bundled products that are already priced below regular retail price of the individual products collectively. Said products are noted throughout the website.
For orders shipping to Alaska and Hawaii and ALL International destinations (there’s no where we won’t ship!) rates are calculated at checkout based on live rates from the United States Postal Service or UPS (method of shipping available varies by destination) and product weight information. Please note, tracking information is limited for USPS shipments and we cannot guarantee a delivery date. Cost of shipping to International destinations does not include the cost of taxes, tariffs or other customs fees. All taxes, tariffs and other customs fees are the responsibility of the receiver. Please note, furniture and items weighing over 40 lbs cannot be shipped to International destinations.
FREIGHT: Items of certain shapes, larger sizes and weights are required to ship by a 3rd party freight carrier. When placing an order for an item that ships by freight–you will be notified in advance of shipment. Please note, items shipping by freight for free are for curbside or driveway delivery only. We offer White Glove Delivery (inside delivery) on most items, please contact us before or after making your purchase for associated costs. Customers are responsible for notifying Boomzies.com by phone or email within 24 hours of receiving a freight shipment if the item(s) are damaged or otherwise not in tact. Please open all crates/packaging as soon as possible. If the shipment appears damaged, please reject it upon arrival. Boomzies.com cannot be held responsible for damaged deliveries that are not reported within 24 hours of receipt.
Orders begin processing upon approval and verification of credit card or PayPal information. Certain orders may require special processing due to limited quantities. Customers will receive email updates with regards to any “out of stock” delays. If any “out of stock” delays are unsatisfactory to a customer, order cancellations and refunds will be processed upon request.
Boomzies will make every attempt possible to notify customers by email with UPS, DHL, FedEx or USPS tracking information when orders ship. For certain items shipping from our affiliates tracking information is not available in real time and may be subject to delays. Customers who wish to cancel an order after it was placed must contact us. We will make our best effort to cancel orders, however ,due to different processing times and methods, certain cancellations may not be possible. Not having received and shipment confirmation does not guarantee your order can still be canceled. Items that are unable to be cancelled prior to shipment are subject to our return policies, as listed below.
If you are dissatisfied for any reason with an item, we are happy to process a return. The only exceptions to this return policy are wallpaper orders and special orders. Due variations in dye lots, we are unable to accept wallpaper returns. Special Orders are defined as orders that are made directly through a customer service representative and the receipt for which clearly state returns are not allowed.
RETURN PROCEDURES: Customers must contact us in advance of returning items to receive a Return Authorization Number and appropriate instructions. Returns sent that do not include Return Authorization will not be accepted.
RETURNING ORDERS OVER $50: Customers must obtain a Return Authorization from customer service. If items are being returned due to defect or breakage, Boomzies will comp the cost of shipping.
If items are returned for any other reason, a 5% return fee will be deducted from the credit and it is the customer’s responsibility to pay for shipping the item(s) back to Boomzies or one of our affiliates. For returns of rugs, lighting, furniture and planters the cost of the initial shipment plus a 5% return fee will be deducted from the return credit.
RETURNING ORDERS UNDER $50: Orders that initially paid a $6 flat rate on shipping will be credited their order subtotal, calculated prior to the $6 flat rate shipping charge.
RETURNING ORDERS FROM OUTSIDE THE 48 US CONTIGUOUS STATES: International orders and orders shipped to Hawaii or Alaska will be credited, less the initial cost of the shipment. Before making a return, you must contact us for specific return instructions.
EXCHANGES: If you wish to make an exchange for another item on Boomzies.com or one of our other websites, we will waive all return fees. Please contact us in advance for an Exchange Authorization.
Items must be post-marked within 30 days of the initial delivery date. Items must be unused and unassembled, in their original condition, packaging, and complete with all instructions and inserts. Once we receive and inspect the item, refunds will be issued. If your order included sales tax, the amount of the sales tax will also be credited back. Please allow 1-2 weeks for your credit to post.
Boomzies is required by law to charge sales tax on items shipped to the State of Ohio. Only customers ordering for delivery to the State of Ohio are required to pay sales tax. The amount is calculated at checkout based on tax rates by county.
METHODS OF PAYMENT
Boomzies accepts VISA, MASTER CARD, AMERICAN EXPRESS and DISCOVER credit cards and PayPal payments. You can safely enter your credit card number via our secure server, which encrypts all submitted information via SSL. Orders begin processing upon approval and verification of credit card or PayPal information. In any cases where items are “out of stock” or discontinued, we will contact customers immediately and issue a full refund.
PRIVACY & CONDITIONS
Boomzies website has security measures in place to protect the loss, misuse and alteration of information. All orders are transmitted over secure Internet connections using SSL (Secure Sockets Layer) encryption technology. You can verify our SSL Certificate from the lower navigation menu from any page on our site. Boomzies also utilizes Hacker Safe Scan Alert software, which provides daily vulnerability assessments for protection from hackers and third-party certification of our site’s security. You can verify the site has been scanned daily by looking at the Hacker Safe icon on the lower navigation menu, on every page.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Boomzies. The collective work includes works that are licensed to Boomzies. Copyright 2007-10, Boomzies ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Boomzies or purchasing Boomzies products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Boomzies or to purchase Boomzies products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Boomzies. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Boomzies used in the site are trademarks or registered trademarks of Boomzies.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Boomzies disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Boomzies does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Boomzies does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. These provisions are unenforceable or inapplicable within the State of New Jersey.
LIMITATION OF LIABILITY
To the fullest extent permissible pursuant to applicable law, Boomzies shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Boomzies has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. These provisions are unenforceable or inapplicable within the State of New Jersey.
In the event that a Boomzies product is mistakenly listed at an incorrect price, Boomzies reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Boomzies reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Boomzies shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Boomzies without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Boomzies may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Boomzies.
Your use of this site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Boomzies products) shall be in the state or federal courts located in Ohio. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Boomzies products) must be commenced within one (1) year after the claim or cause of action arises. Boomzies failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Boomzies may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Boomzies or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Boomzies does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Boomzies is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Boomzies reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Boomzies in its sole discretion.
You agree to indemnify, defend, and hold harmless Boomzies, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account, to the fullest extent permissible pursuant to applicable law. Applicable law may not allow an indemnification provision, so the above limitation or exclusion may not apply to you. These provisions are unenforceable or inapplicable within the State of New Jersey.
In an attempt to provide increased value to our visitors, Boomzies may link to sites operated by third parties. However, even if the third party is affiliated with Boomzies, Boomzies ractices, independent of Boomzies . These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Boomzies seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).