Refund policy
Product Inspection, Acceptance and Returns
PIN–UP HOME products must be checked upon delivery without delay to ensure they are complete and free of defects. You must provide written notice to PIN–UP HOME within seven (7) business days of delivery of any incorrect deliveries, missing parts or defects which are ascertainable by reasonable inspection. Otherwise, if a defect only is detectable at a later date, you must provide written notice to PIN–UP HOME within seven (7) business days of its detection.
If such notification is not given in a timely manner, you will be deemed to have accepted the PIN–UP HOME products and you will be conclusively deemed to have waived all such claims and complaints other than claims covered by the PIN–UP HOME product warranty then in effect.
In the event of any defect, you shall retain the broken or damaged product and its original packaging for inspection by PIN–UP HOME. You cannot return a product to PIN–UP HOME without first receiving a return authorization number from PIN–UP HOME. If return of a product is authorized by PIN–UP HOME, PIN–UP HOME will issue a Return Authorization Number to you with shipping instructions. If such Return Authorization Number is not requested within seven (7) business days after receipt of the PIN–UP HOME products, the PIN–UP HOME products will be deemed to have been accepted and you will be conclusively deemed to have waived all such claims and complaints other than claims covered by the PIN–UP HOME product warranty then in effect. In addition, authorized returns are subject to a restocking charge equal to 25% of the purchase price of the returned PIN–UP HOME products, plus shipping and handling charges and costs, if any, of restoring returned PIN–UP HOME products that are in damaged condition.
Limited Warranty, Exclusive Remedies and Disclaimer:
- Limited Warranty.
PIN–UP HOME WARRANTS THAT THE MATERIAL AND WORKMANSHIP OF THE PRODUCTS WILL CONFORM TO PIN–UP HOME’S PUBLISHED PRODUCT SPECIFICATIONS IN EFFECT ON THE DATE OF DELIVERY TO YOU FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF DELIVERY. THIS LIMITED WARRANTY DOES NOT COVER:
- SURFACE CONDITIONS, NORMAL WEAR AND TEAR, NEGLECT, ACCIDENTS, ACTS OF GOD, ACTS OF TERRORISM, DAMAGE IN TRANSIT, ABUSE, IMPROPER MAINTENANCE OR STORAGE, OR ANY ADDITION OF OR COMBINATION WITH YOUR OWN MATERIALS AFTER PRODUCT INSTALLATION;
- DAMAGES RESULTING FROM THE ASSEMBLY, INSTALLATION, REPAIR, RECONFIGURATION OR ALTERATION OF THE PRODUCT OTHER THAN BY PIN–UP HOME OR A PIN–UP HOME AUTHORIZED PERSON, OR THE PRODUCT NOT BEING USED IN ACCORDANCE WITH PIN–UP HOME INSTRUCTIONS;
- MINOR DEVIATIONS IN THE CONSTRUCTION, COLOR OR MATERIAL USED OR FROM THE SPECIFICATIONS PUBLISHED ON THE INTERNET OR ELSEWHERE (ESPECIALLY WITH REGARD TO SURFACES);
- NATURAL VARIATIONS TO COLOR, GRAIN OR TEXTURE OF WOOD, METAL OR PLASTIC OVER WHICH PIN–UP HOME HAS NO CONTROL;
- THE MATCHING OR COMPATIBILITY OF COLOR, GRAIN OR TEXTURE UNLESS EXPRESSLY AGREED TO BY PIN–UP HOME IN WRITING.
- Exclusive Remedies.
IN CASE OF BREACH OF WARRANTY OR ANY OTHER DUTY RELATED TO THE QUALITY OF THE PRODUCTS AND SERVICES DELIVERED BY PIN–UP HOME, YOU SHALL PROMPTLY NOTIFY PIN–UP HOME AND MAKE SUCH PRODUCT AVAILABLE FOR CORRECTION. PIN–UP HOME SHALL, AT ITS OPTION, REPAIR OR REPLACE THE DEFECTIVE PRODUCT. IF PIN–UP HOME DETERMINES THAT A DEFECTIVE PRODUCT CANNOT BE REPAIRED OR REPLACED WITHIN A REASONABLE PERIOD OF TIME, YOU WILL RECEIVE A REDUCTION IN THE PRICE OR, IN THE CASE OF SERIOUS DEFECTS, A REFUND OF THE PRICE THAT YOU ACTUALLY PAID TO PIN–UP HOME FOR SUCH PRODUCT. THE FOREGOING ARE YOUR EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY OR ANY OTHER DUTY RELATED TO THE QUALITY OF THE PRODUCTS AND SERVICES DELIVERED BY PIN–UP HOME.
- Disclaimer.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION OR EXCEPT AS MAY BE OTHERWISE PROHIBITED BY APPLICABLE LAWS, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY PIN–UP HOME OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) ARE HEREBY EXCLUDED AND DISCLAIMED.
Limitation of Liability and No Consequential Damages
PIN–UP HOME’S LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE FOR ANY EXPENSE, INJURY, LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, DELIVERY, INSPECTION, ASSEMBLY, INSTALLATION, MAINTENANCE, REPAIR, APPLICATION OR USE OF ANY PRODUCT FURNISHED TO YOU HEREUNDER SHALL IN NO CASE EXCEED THE PURCHASE PRICE OF THE PRODUCT WHICH GIVES RISE TO THE CLAIM.
UNDER NO CIRCUMSTANCES SHALL PIN–UP HOME BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS, ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF LIABILITY AND CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT COMPLETELY APPLY TO YOU.
Data Privacy
The PIN–UP HOME Privacy Policy (“Privacy Policy”) is a part of these Terms of Use and is incorporated herein by this reference. By accepting these Terms of Use you agree to the collection and use of your information as described in the Privacy Policy on our website.
Force Majeure
PIN–UP HOME shall not be liable for any loss or damage as a result of any failure to perform or any delay in delivery or installation due to any cause beyond PIN–UP HOME’s control, including but not limited to acts of God, strikes or other labor difficulties, disruption of operations, natural disasters, war, epidemics, governmental acts or orders or transportation.
Indemnification
If (a) a product is subjected to, or a claimed defect thereof arises as a result of, accident, misuse, neglect, alteration, unauthorized relocation, improper repair or maintenance, failure to install, or removal of safety devices provided or required by PIN–UP HOME or any other act or omission by you; or (b) a product is installed, maintained or used contrary to PIN–UP HOME’s instructions or recommendations; or (c) a change is made to any PIN–UP HOME trademarks located on the product, then you agree to indemnify, defend, and hold PIN–UP HOME, its affiliates and business partners and each of their respective directors, officers, employees, contractors and agents harmless from and against any and all claims of any kind whether based on contract, tort (including negligence or strict liability), or otherwise, for any losses, expenses (including reasonable attorneys’ fees), damages, and liabilities, whether direct, indirect, special, incidental or consequential, which may arise out of the use or misuse of such product, except those caused solely by defects in materials or workmanship, or by the sole negligence of PIN–UP HOME.
Partial invalidity
Should any provision of these Terms of Sale be or become ineffective, invalid or unenforceable, the validity or enforceability of the other provisions shall not be affected. In such a case, the parties shall agree on a valid and enforceable provision that is as close as possible in its economic equivalent to the ineffective, invalid or unenforceable provision.
No Assignment:
You may not assign your rights hereunder without PIN–UP HOME’s prior written consent.
Governing law; Jurisdiction
These Terms of Sale shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles. Any litigation will be brought exclusively in New York County, New York, and you consent to the jurisdiction of the federal and state courts located therein, submit to the jurisdiction thereof and waive the right to change venue. You further consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
PIN–UP HOME 6 Doyers st #130216 New York, NY, USA 10013.
Last Update: 11/22
