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TERMS & PRIVACY

Privacy Policy

What information do we collect?

  • We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.
  • When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
  • We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
  • Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.

How do we use your information?

We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
  • To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To allow us to better service you in responding to your customer service requests.
  • To quickly process your transactions.
  • To administer a contest, promotion, survey or other site feature.
  • If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.


How do we protect visitor information?

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.


Do we use "cookies"?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.


Do we disclose the information we collect to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include Burke Decor LLC. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.


How can you opt-out, remove or modify information you have provided to us?

To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.

To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.


Third party links

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).


Changes to our policy

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on August 6, 2003.


Questions and feedback

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.


Online Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.


Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.


Your consent

By using our site, you consent to our privacy policy.


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.
 

PROMOTIONS

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.


SHIPPING & ORDERING
Orders may be placed online 24-hours a day, by calling toll free (888) 338-8111 between 9am - 6pm EST 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.

BD offers $6 flat rate shipping on all orders under $50 shipping to the 48 contiguous states. All orders over $50 enjoy FREE SHIPPING throughout the 48 contiguous states. Orders ship via UPS, USPS, FedEx or DHL with tracking information available or via USPS for P.O. Box destinations. Please note, tracking information is not always available for P.O. Box deliveries. If you have an APO address, please contact us in advance of making purchases to confirm the item(s) you are interested in can be shipped to your address via USPS.

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 BurkeDecor.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. BurkeDecor.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.

Burke Decor 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.

RETURNS
If you are dissatisfied for any reason with an item purchased on BurkeDecor, 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, Burke Decor 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 Burke Decor 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 BurkeDecor.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.

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 based on tax rates by county.

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 & CONDITIONS
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 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 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 2007-10, 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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