Terms of Use

Welcome to Wintuck Home’s website, available at “www.wintuckhome.com” (referred to as “Site”).  The Site is owned and operated by Wintuck Home. Please read these Terms of Use carefully before using the Site.   By accessing or using the Site in any way, including, without limitation, browsing the Site, creating an account, using any information, placing an order, and/or submitting your personal information to Wintuck Home, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms of Use (these “Terms”), including but not limited to conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Florida law. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SITE.

 

Last Updated: January 28th, 2022

1. Site Content

  1. The contents of the Site are: ©2020 Wintuck Home. All rights reserved. The Site contains copyrighted materials, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of each Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). You are only permitted to use the Content as expressly authorized herein or in writing by Wintuck Home.  Neither these Terms nor your use of the Site transfers any right, title or interest in the Sites or the Content to you, and Wintuck Home and its third party licensors retain all of its and their respective Intellectual Property Rights in and to the Site and Content.

  2. Except as provided in these Terms, you may not use, modify, republish, frame, print, display, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without the express written permission of Wintuck Home.  Requests for such permission should be made to Wintuck Home at contact@wintuckhome.com.

  3. The Site is available worldwide to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. The Site, including any advertising content, are intended for use and display only where their use and display are permissible in accordance with applicable laws and regulations. 

  4. Display of an item on the Site does not guarantee that an item is currently in stock or that it will be available on the Site when you visit again. Some merchandise featured on the Site may be available only in limited quantities or only while supplies last. 

  5. Certain product, service, or company designations for companies other than Wintuck Home may be mentioned in the Site for identification purposes only.  Third-party trademarks, trade names, logos, product or services names contained on the Site are the trademarks, registered or unregistered, of their respective owners.

2. User Conduct

  1. You may not use the Site or Content for any purpose that is unlawful or prohibited by these Terms. By using the Site, including all Content and services available through it, you agree that you shall not: 

  2. delete, modify, hack or attempt to change or alter any of the Content on the Site;

  3. use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;

  4. use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;

  5. use any Wintuck Home names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;

  6. use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;

  7. upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

  8. create a false identity for the purpose of misleading others;

  9. provide false information on your account registration form, or impersonate someone else;

  10. publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information; or

  11. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party.

 

3. Permissible Use

Except as indicated to the contrary elsewhere on the Site, you may view, copy, retransmit and print the Content available on the Sites subject to the following conditions: 

  1. the Content is used solely for personal, non-commercial informational purposes;

  2. the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;

  3. all copyright, trademark and other proprietary rights notices included in the Content as presented on the relevant Site appear on all copies;

  4. the Content is not modified or altered in any way; and

  5. no graphics are used separately from accompanying text.

4. Order Acceptance 

The Site may provide an invitation for you to make us an offer to buy the items described. When you submit an order, it constitutes an offer to us, which we accept only by shipping the item(s) ordered. Internet orders generate an automatic order confirmation email. These automatic order confirmation emails do not constitute our acceptance of the offer, and we reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Without limiting the foregoing, we reserve the right to refuse or cancel any order placed using any coupon, discount or promotion code that is erroneous in any way and/or was not distributed to you, as evidenced by Wintuck Home records. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, errors or problems with the coupon, discount or promotion code used at checkout, or problems identified regarding your credit information.  We also may require additional verifications or information before accepting any order.  In the event that Wintuck Home is unable, in accordance with standard common courier policies or due to supply shortage for any reason, to effect delivery at the address provided by you within thirty (30) days of shipment, Wintuck Home may elect to cancel your order.  We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge less shipping and handling charges, if applicable. 

5. Return Policy 

We want you to be happy with any purchase you may make through the Site.  If you have purchased any products through the Site and are not completely satisfied with your purchase, contact us within three (3) days of delivery. We do not accept returns/refunds/exchanges. However, we will do our best to accommodate you. Wintuck Home reserves the right to refuse any return/refund/exchange.

 

If a return/refund/exchange is honored, the item must be in the same condition in which it was sold (with the exception of manufacturer’s defects) and accompanied by a receipt of purchase. Wintuck Home does not accept the return of products that have been damaged or soiled.  Custom items are non-returnable, unless there is damage to or a defect in the product, in which case Wintuck Home is happy to provide a refund of the item you ordered.

For more information regarding refunds/returns, please visit our refund/return/exchange policy here.

 

6. Secure Ordering 

To provide credit card security and keep your personal information safe, Wintuck Home uses a secure third-party payment processor. All of your information is encrypted. To confirm that your connection is secure, look for a locked padlock icon or solid key icon at the bottom of your browser window. The letters “https” (rather than “http”) located in the URL address window at the top of your browser will indicate that you are using a secure browser. 

7. Accounts and Passwords 

Certain features or services offered on or through the Site may require you to open an account (including setting up a user name and password).  You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Wintuck Home immediately of any unauthorized use of your account or password. You may not use the account, user name or password of any other individual or company at any time without the express written permission and consent of the holder of the account, user name or password.  Wintuck Home will not be liable for any loss or damage arising from your failure to comply with this Section 7. 

 

8. Modifications to Terms 

Wintuck Home may change, modify, add and/or delete portions of these Terms from time to time by posting updated Terms on the Site, which shall apply to your use of the Site after such changes, modifications, additions and/or deletions have been posted and made effective. Please review these Terms periodically for any updates or changes. Your continued use of the Site following the posting of any updates, additions, deletions and/or changes to these Terms means that you accept and agree to such updates and changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site.  Sections 1-7 and 9-15 of these Terms shall survive any such termination. 

 

9. Termination or Modifications to Site 

Wintuck Home reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you. Wintuck Home may also impose limits on certain features, services, or all or a portion of the Site without notice or liability.  Wintuck Home may alter, suspend or discontinue the Site in whole or in part at any time and for any reason, without notice. You acknowledge and agree that Wintuck Home will not be liable to you or any third party in the event that Wintuck Home exercises its right to modify or terminate access to the Site or portions of the Site. 

10. No Investment Advice; Forward Looking Statements 

Nothing on the Site constitutes investment advice. The Site may contain information that includes or is based upon forward-looking statements within the meaning of the federal securities laws, specifically the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They typically use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other similar words.

Forward-looking statements can be affected by inaccurate assumptions or by known or unknown risks and uncertainties. Many such factors will be important in determining our actual future results. Consequently, no forward-looking statement can be guaranteed. Our actual results may vary materially, and there are no guarantees about the performance of our stock. Given these uncertainties, you should not place undue reliance on any forward-looking statements. You should review our SEC filings for more information on these and other factors besides those listed here that could also adversely affect Wintuck Home. 

 

11. Your Privacy 

Wintuck Home will treat any information it collects from you in accordance with its Privacy Policy, available here, which is hereby incorporated by reference. Please review the Privacy Policy before you use the Site. If you are unwilling to accept the practices outlined in the Privacy Policy, we ask that you not use the Site. 

12. Typographical Errors; Colors 

Our goal is to provide complete, accurate, and up-to-date information on our Site. Unfortunately, it is not possible to ensure that any web site is completely free of human or technological errors. The Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. Wintuck Home therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

Prices displayed on the Sites are quoted in U.S. currency and are valid and effective only in the United States.  Prices are subject to change at any time. In the event that any merchandise or product offered on the Site is mistakenly listed at an incorrect price, Wintuck Home reserves the right to refuse or cancel any orders placed for such products listed at the incorrect price. Wintuck Home 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, Wintuck Home will issue a credit to your credit card in the amount of the incorrect price.

In addition, we have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on the display and color capabilities of your device monitor, we cannot guarantee that your monitor’s display of any color will be accurate. 

13. Acknowledgement 

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement. 

 

14. General 

Wintuck Home may assign its rights and duties under these Terms without notice to you. You may not assign these Terms without the prior written consent of Wintuck Home. If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.  Wintuck Home's failure to act with respect to a breach by any user using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches.  These Terms will be governed by and construed in accordance with the laws of the State of Florida without regard to its choice of law provisions.  In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern.  The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.  These Terms, the Privacy Policy, and any modifications to the foregoing constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. 

15. Contact Information 

If you have any questions about these Terms, the practices of Wintuck Home, or your dealings with the Site, please contact us at contact@wintuckhome.com.