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.
Shipping & Ordering
Orders may be placed online 24-hours a day, by calling toll free (888) 338-8111 or by sending an email to sales@burkeDecor.com. Please do not include your credit card information in any email. A Burke Decor representative will contact you via phone during our regular business hours for processing.
Burke Decor offers FREE SHIPPING within the continental United States on all orders over $50. Orders under $50 shipping throughout the 48 contiguous states and Canada have a flat shipping rate of $6. If you would like to order an item for an International destination or for delivery to Hawaii or Alaska, please contact us regarding your options. In almost all cases we can accommodate your shipping needs.
Certain major metropolitan cities may have a slight delivery upcharge for freight items. Purchasers will be notified and quoted if this is the case after ordering. If any special delivery charges are unsatisfactory, we issue full refunds. Shipping furniture via online is complicated by fluctuating fuel costs and freight factors, we want to do our best and only charge for shipping at cost in these instances.
FREIGHT: Items of certain shapes, larger sizes and/or weighing over 100 lbs are required to ship by a 3rd party freight carrier. When placing an order for an item that ships by freight-- all are clearly labeled. 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.
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.
Customers will be notified by email with UPS, TNT, DHL, FedEx or USPS tracking information when orders ship.
Returns
If you are dissatisfied for any reason with an item purchased on BurkeDecor, we are happy to process a return. Depending on the item, the supplier and the method of shipment, some items may be subject to re-stocking fees. Before making a return, you must contact us for specific return instructions. If items are being returned due to defect or breakage, Burke Decor will comp the cost of shipping. If items are returned for any other reason, it is the customer's responsibility to pay for shipping the item back to Burke Decor or one of our affiliates.
Items must be post-marked within 10 days of the original ship date. Items must be unused and unassembled, in their original condition, packaging, and complete with all instructions and inserts. One we receive and inspect the item, refunds will be issued.
Taxes
Burke Decor 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.
Methods of Payment
Burke Decor 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 and Security
Burke Decor's 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 left side of the navigation menu from any page on our site. Burke Decor 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 left navigation menu, on every page.
Copyright
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 Burke Decor LLC. The collective work includes works that are licensed to Burke Decor LLC. Copyright 2007-08, Burke Decor LLC 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 Burke Decor LLC or purchasing Burke Decor LLC 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 Burke Decor LLC or to purchase Burke Decor LLC 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 Burke Decor LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Burke Decor LLC used in the site are trademarks or registered trademarks of Burke Decor LLC.
Warranty Disclaimer
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, Burke Decor LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Burke Decor LLC 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. Burke Decor LLC 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.
Limitation of Liability
Burke Decor LLC 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 Burke Decor LLC 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.
Typographical Errors
In the event that a Burke Decor LLC product is mistakenly listed at an incorrect price, Burke Decor LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Burke Decor LLC 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, Burke Decor LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
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 Burke Decor LLC 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.
Notice
Burke Decor LLC 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 Burke Decor LLC.
Miscellaneous
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 Burke Decor LLC 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 Burke Decor LLC products) must be commenced within one (1) year after the claim or cause of action arises. Burke Decor LLC's 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. Burke Decor LLC 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 Burke Decor LLC 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.
Participation Disclaimer
Burke Decor LLC 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, Burke Decor LLC 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, Burke Decor LLC 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 Burke Decor LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Burke Decor LLC, 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.
Third-Party Links
In an attempt to provide increased value to our visitors, Burke Decor LLC may link to sites operated by third parties. However, even if the third party is affiliated with Burke Decor LLC, Burke Decor LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Burke Decor LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Burke Decor LLC 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).
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