(updated: August 30th,2023).
- The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. All content, graphics, code and software used on or incorporated into this Site and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Allure and all rights thereto are specifically reserved. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Allure. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Allure’s written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Allurehome.com, as well as other Allure logos, marks, trade names, page headers, graphics, buttons, images and other content on this website, are subject to trade mark, service mark, copyright and or other proprietary or intellectual property rights or licenses held by Allure. Other trademarks, product names and company names or logos used on this website are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Site is strictly prohibited.
- Allure does not guarantee that the information contained in this Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Allure therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information on this Site at any time without prior notice and further reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged.
- This Site, and any information or content on this Site, are provided “as is, where is.” Allure makes no representations or warranties of any kind, whether express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose, with respect to this Site or content or information available on or through this Site.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ALLURE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS, ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, ARISING OUT OF OR IN CONNECTION WITH ANY USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF ALLURE OR A ALLURE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Allure is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or incomplete, garbled or delayed computer transmissions.
- Allure does not make any representations or warranties about any website you may access through this Site. Any such website is independent from Allure and Allure has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between this Site and another website does not mean that Allure endorses that website.
- Information on this Site includes descriptions of products and services available in the continental United States of America only. This website is intended for use by residents of the United States of America only and Allure makes no representation that the content of this Site is applicable or appropriate for use in other countries. Allure makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Site is controlled and operated by Allure from its offices within the United States.
- ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST ACCESS THE SITE BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ALLURE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
- Allure Home Creation Co. does not pre-screen, verify or edit the content posted by users to this Website. However, Allure and its agents reserve the right to do so and investigate any violation of these Terms and Conditions and to take appropriate remedial action. Allure has absolute discretion to enforce these Terms and Conditions, including, but not limited to, warning users of violations, disabling or suspending access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms and Conditions, or which is otherwise inappropriate for this Website. Deliberate attempts by users or someone on their behalf to evade or circumvent their suspension or termination of rights to post content to this Website violates these Terms and Conditions, constitutes an unlawful trespass to Allure’s equipment and systems, and may result in legal action.
- Allure and its affiliates also may release information concerning you and the content posted by you when Allure believes release is appropriate to comply with the law; to enforce or apply these Terms and Conditions; and to protect Allure’s or its affiliates’ rights or property, or to protect Allure’s users from fraudulent, abusive, or unlawful use of content posting features; or if Allure reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records.
Agreement to Arbitrate
- Agreement to Arbitrate: You and Allure agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Allure with written notice of your desire to do so by regular mail at Allure Home Creation Co., Attn: Legal Dept., 85 Fulton Street, Boonton, NJ 07005 within thirty (30) days following the date you first access the Site (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Allure with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Allure with an Arbitration Opt-out Notice, will be the state and federal courts located in the Morris County, New Jersey and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Allure with an Arbitration Opt-out Notice, you acknowledge and agree that you and Allure are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Allure otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
- Arbitration Rules: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
- Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
- Arbitration Location and Procedure: Unless you and Allure otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Allure submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Allure will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
- Fees: Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Allure will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
- Changes: Notwithstanding the provisions describing changes to these Terms above, if Allure changes this “Dispute Resolution” section after the date you first accessed the Site (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to www.Allure.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or, if applicable, in the date of Allure’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Allure in accordance with the provisions of this “Dispute Resolution” section as of the date you first accessed the Site (or accepted any subsequent changes to these Terms).
Purchasing from the website
- If you wish to purchase goods from the Allure Store please follow the instructions provided in the Store section of this Website.
- Your electronic or telephone order is an offer to buy from Allure. Allure reserves the right not to accept an order at its sole discretion.
- Once you have submitted an order, you will receive an automatic e-mail confirming the details of your order (name, address, product ordered, price, etc.). Such e-mail is a confirmation that the order has been received by Allure and does not constitute acceptance of your order. Allure reserves the right at any time after receipt of your order to accept or decline your order for any reason, regardless of whether your order has been confirmed or your credit card has been charged. If your order is declined or cancelled after your credit card has been charged for the purchase, we will promptly issue a credit to your card.
- Payment for the goods you order must be made by American Express, MasterCard, Visa credit card, PayPal or Amazon Pay. If your payment is rejected by the card issuer your order will not be dispatched. Payment is made at your own risk.
- The prices and availability of the goods displayed on this Website are subject to change without notice.
- The ownership of the ordered goods will only pass following payment in full.
- Sales tax is charged only when the person ordering the goods is a resident of the state of Alabama, Arizona, Arkansas, California, Colorado, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Kansas, Louisiana, Maine, Massachusetts, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, the state of Washington, West Virginia, Wisconsin and Wyoming.
- Orders will only be accepted from and dispatched to addresses within the continental United States.
- Allure cannot currently deliver products to Canada or any other country outside of the United States.
- Allure reserves the right to deny sales under any promotion it shall offer from time to time in its sole discretion.