Terms & Conditions

Welcome to Vevano! The Vevano.com website and mobile application(s) shall collectively be referred to as “Our Site”. By using Our Site, you unconditionally agree to the following terms and conditions (hereinafter, “Terms”), so please read these Terms carefully.

PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE USING OUR SITE. NOTE: THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION FOR DISPUTE RESOLUTION.

You must agree to these terms in order to use our site.

Vevano, LLC (“Vevano”) reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates. It is recommended that you review these Terms of Use whenever you visit Our Site.

Intellectual Property

All Content on our site, including but not limited to: text, graphics, interfaces, photos, videos, and the selection and arrangements thereof are owned, controlled or licensed by Vevano. You may view, print or download Content for your personal use (non-commercial use), subject to your compliance with these Terms. You may electronically copy or print hard copies of Content for the sole purpose of placing an order with Vevano. Do not remove or modify any copyright, trademark or other proprietary notice contained in any content you download from us. Any other use of materials on Our Site without prior written permission from Vevano is strictly prohibited.

Disclaimer 

VEVANO MAKES NO WARRANTIES, EXPRESS OR IMPLIED REGARDING OR RELATED TO THE

THE CONTENT OF OUR SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, VEVANO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO OUR SITE CONTENT TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL ELEMENTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. VEVANO DOES NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, VEVANO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. NOTHING IN THIS SECTION LIMITS THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF SUCH PRODUCT THAT IS SOLD THROUGH OUR SITE.

Please note that Vevano often obtains item photographs and information from third-party vendors and/or manufacturers. Although we take steps verify content, we cannot guarantee item photographs are accurate nor can we provide assurance that all data is free of typographical errors. We specifically do not guarantee information displayed on Our Site to be 100% accurate.

Limitation of Liability

IN NO EVENT SHALL VEVANO OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF OUR SITE, OR ANY CONTENT OF OUR SITE. THIS LIMITATION OF LIABILITY SHALL NOT BE WAIVED REGARDLESS OF WHETHER VEVANO HAS BEEN PUT ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT.

FURTHER, VEVANO SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS THE LENGTH OF AN IMPLIED WARRANTY, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, THESE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS VEVANO, ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OR MISUSE OF OUR SITE.

Design Services

Our experienced design team is here to help you choose the right designs and products to fit your needs. However, our advice will be strictly limited to aesthetics and product specifications. The final choice about what product goes into your home will be yours. Vevano will not offer advice regarding the actual installation of product. If you are not comfortable installing product on your own, we strongly suggest that you hire a skilled installation professional.

Please be aware that products will have different characteristics depending on whether the product is natural wood, painted, or a manufactured finish. Natural wood products have different coloration, grain patterns, mineral streaks and other characteristics that add to the beauty and distinction of natural wood products. Hairline fractures may develop in the painted finishes over time depending on climate changes and other factors. Manufactured finishes may not respond well to certain cleaning chemicals. None of these characteristics are considered a defect or flaw in the product. If you have questions about characteristics and limitations of different products, please consult our design team.

Order Acceptance

The receipt of an order confirmation does not constitute the acceptance of an order. Vevano reserves the right to decline any order. Vevano may also limit or modify an order but will contact you using the email address you provided before doing so. In the event Vevano cancels an order or a part of an order that you have already been charged for, Vevano will refund you the full amount of the canceled portion of the order. Verification of information may be required prior to the acceptance of any order.

Installation

You may be asked to provide accurate dimensions prior to your purchase along with location of plumbing, electrical outlets, and other obstructions. You will be responsible for verifying the accuracy of the information you provide. We strongly suggest that you hire a skilled installation professional if you are not comfortable verifying dimensions and identifying obstructions.

Do not remove your existing product or schedule installation with a skilled installation professional until your new order has arrived and you have verified that your new order is complete and undamaged. In some cases, product may be damaged or parts may be lost during shipment. In such case, we will be more than happy to ship replacement parts to you at no additional cost. However, any resulting install delay costs or Contractor trip charges/fees are your responsibility. So, please verify that you have everything you need before you begin install.

Payment Policies

When you are ready to make your purchase, a member of our team will provide guidance regarding our payment processes. You are responsible for, and agree to pay promptly, for all your purchases and charges to your account, including applicable taxes. In the event your payment method is denied by your bank, creditor, etc., Vevano may impose a fee to cover the cost of any charges incurred by Vevano. You shall be responsible for any attorney or collection agency fees we may incur in collecting on any debt you owe to us.

Suspension of Service

Your access to Our Site may be revoked at any time, for any reason, with or without notice. You are responsible for any orders you place prior to such termination.

Delivery of Services

When you place an order with us, we will contact you to let you know about any special conditions which may require your specific cooperation for delivery. In such case, you will be made aware of and must accept the additional cost and special conditions prior to delivery.

Your order(s) will be shipped to the address designated by you. Orders may arrive in multiple packages and on separate days with multiple Product Order forms (POs) depending on type of and volume of product ordered. Some products may have restricted delivery within the United States. Vevano shall not be liable for delays or prevention of delivery due to unforeseen circumstances, or acts of God, which may include, but is not limited to, weather conditions, traffic conditions, and/or mechanical difficulties.

Tax Exempt Transactions

Vevano will comply with all applicable laws related to tax-exempt transactions. We also reserve the right to decline tax-exempt transactions. If you have questions about how Vevano will handle your tax-exempt transaction request, please call us at 855-483-2629.

All orders placed through Our Site are displayed with tax as an estimate in the Order Summary. All estimates for tax will be corrected upon shipment of the product(s) ordered.

Links to Other Websites

Our Site may contain links to other websites maintained by third parties (“Third Party Sites”). Vevano does not endorse any Third Party Sites. If you choose to leave Our Site to access any these Third Party Sites, you do so at your own risk. Vevano makes no warranties or representations regarding these sites. Vevano strongly advises that you separately review the terms and conditions of any Third Party Sites you visit.

User Generated Content

Any content you submit to Our Site, including all reviews, comments, communications and the like (herein known as "Comments"), become the property of Vevano. By submitting your Comments, you expressly agree to the assignment to Vevano of all rights, titles, and interests both in the United States and Internationally for all Copyrightable and intellectual properties in the Comments.

Vevano may use submitted Comments in any fashion it deems appropriate. Vevano is under no obligation to maintain any Comments in confidence, to compensate for any Comments, or to respond to the author's Comments.

Vevano shall not be liable for any costs and/or damages caused from following instructions or advice you read in submitted comments. Vevano specifically makes no warranties or representations regarding the information contained in Comments whether such comments are submitted by you or some other user.

You agree that any Comments submitted by you to Our Site will not violate these terms of service or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that all Comments submitted by you to Our Site will not contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "SPAM".

Further, Vevano reserves the right, though not the duty, to monitor and/or edit or remove any Comments submitted to Our Site. You grant Vevano the right to use your name (or alias), supplied at your submission in connection with any Comments. You agree not to supply a false email address, impersonate any person or entity, or otherwise provide misleading information as to the origin of any Comments you submit.

Further, Vevano reserves the right, though not the duty, to monitor and/or edit or remove any Comments submitted to the Site. You grant Vevano the right to use your name (or alias), supplied at your submission in connection with any Comments. Since we may desire to respond on some Comments, you agree not to supply a false email address, impersonate any person or entity, or otherwise provide misleading information as to the origin of any Comments you submit.

Dispute Resolution

By using Our Site, you hereby agree that all claims relating to your access or use of Our Site, including all disputes arising out of, or related to any products or services purchase through Our Site, will be resolved entirely through binding individual arbitration, rather than in court. You may assert individual claims in small claims court if such claim is within such small claims court’s authority. The Federal Arbitration Act and federal arbitration law apply to this agreement.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. RIGHTS THAT YOU OR VEVANO MAY HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

To begin an arbitration proceeding, you must send a demand to the American Arbitration Association describing your claim and serve a copy of the demand on Vevano’s registered agent: Cogency Global (2005 East 2700 South, Suite 200 Salt Lake City, UT 84109). The arbitration will be conducted by AAA under its rules, including AAA’s Supplementary Procedures for Consumer-Related Disputes. You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by AAA applicable rules.

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on Our Site) using or related to Our Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Utah, without regard to principles of conflict of law, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of Our Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Utah.

Effective Date: 10/1/19