Terms and Conditions
The Blind Side warranties that delivered goods will meet manufacturer's warranty standards. If your product arrives damaged, it will be the responsibility of The Blind Side and/or the Delivering Agent and/or the manufacturer to repair or replace the damaged pieces. The Blind Side reserves the right to repair any damages. If a repair isn't possible then a replacement piece will be ordered. Should a piece arrive with damage, the customer is responsible for indicating the nature of the damage on the delivery paperwork and notifying The Blind Side within 48 hours. Please call us at 1-800-453-3267 or send an email to info@theblindside.com. The Blind Side will handle any issues with the delivering agent or manufacturer. Please inspect your delivery promptly and carefully. Replacement orders typically will ship in the same length of time as the original order. All damage or other problems must be noted in writing on the bill of lading before signing. It is the customer's responsibility to thoroughly inspect all products at the time of delivery and make appropriate notations on the delivery paperwork. It is also the customer's responsibility to notify The Blind Side within 48 hours of the delivery of any damage. Refunds/returns relating to damage will only be issued/accepted as a result of our inability to repair/order/reorder an item. Issues arising after 48 hours are considered warranty issues.
Warranty
Product warranties are provided by the manufacturer and are generally limited to defects in materials and craftsmanship. The manufacturer's warranty begins when the merchandise is delivered. The Blind Side provides no warranties either expressed or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. All such warranties are expressly and specifically disclaimed. The Blind Side shall not be responsible for any indirect, special or consequential damages. Customers that reside in "remote" or other areas not accessible by an authorized restoration center will be responsible for any trip and travel charges incurred in the warranty claim process.
Disclaimer
Please note that The Blind Side cannot guarantee that any particular finish on any product will match exactly to the same finish which may have been seen locally. Wrought Iron Products: Finishes may vary due to differences in dye lots, climate, and the uniqueness of the artisans hand applied application. Leather Products: Natural marking such as scars, brands, wrinkles, grain variations, etc., will be considered normal characteristics and not construed as defects. Since no two cows are identical, no two cow hides will be exactly the same. Natural markings and color variations can and will occur. As all dye lots are different, an exact color match cannot be guaranteed to any sample you may have seen. Because of the natural characteristics of leather as well as variation in the tanning process, the final leather goods may vary in color, texture, natural markings and sheen (level of gloss). This variation does not constitute a reason for return. Wooden Products: Due to the natural characteristics of wood, there may be variations in color, grain, sheen, and sizes. Sizes: Any and all sizes shown on our website are those listed by the manufacturer. Actual sizes may vary within industry standards and as such, variations should be expected. Upholstery dimensions are never "exact" since most cushions and padding materials are stuffed by hand. Variations of over 2 inches are not uncommon.
Delivery
All deliveries are configured for normal conditions through UPS. More information is available on their website at http://www.ups.com/content.
Representations
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power, have been duly authorized by all requisite action on your part, require the approval or consent of no other persons, and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, Judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
Pricing Errors and Omissions
The Blind Side makes every effort to ensure the accuracy of the information on our web site. When errors are discovered, we will correct them. Be advised that The Blind Side reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, after it has been confirmed via email or phone, or after your credit card has been charged. If we discover a pricing error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded back the full amount of your order. You will be notified via email if your order has been canceled and be given the opportunity to place the order at the correct price. Prices and availability are subject to change without prior notice. Your placement of an order with The Blind Side constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
Venue
This Agreement will be governed by the laws of the United States and the State of Pennsylvania, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Pittsburgh (Allegheny County), Pennsylvania, and you irrevocably consent to the jurisdiction of such Courts. This Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. Reasonable attorney fees and collection costs will be assessed to and paid by the customer where a) there is any past due unpaid balance or where a claim or action is brought in any other jurisdiction. Customer and The Blind Side agree that a signed faxed copy will be deemed as an original. Customer and The Blind Side agree that no oral agreements or modifications will be accepted or effective. This document contains everything agreed upon. Any deviation from these terms must be written and signed by both parties.
Sales Tax
The Blind Side will collect the applicable sales tax for any shipment to an address within Pennsylvania. Sales tax will not be collected for shipments to other states. It is the customer's responsibility to understand and remit sales tax in accordance with the laws of their home state.
Order Cancellation
Once your order is placed with The Blind Side, we will submit it to the manufacturer on your behalf. At this point, The Blind Side is financially obligated to purchase the product from the manufacturer. For this reason, we don't accept order cancellations. Any exception to the cancellation policy will be solely at The Blind Side's discretion. If The Blind Side deems it appropriate to cancel an order, it will be subject to a 30% cancellation/restocking fee as well as actual shipping charges.