These terms and conditions outline the rules and regulations for the use of CavilUSA's Website.
CavilUSA is located at:1580 route US-9 Ste 12, Toms River, New Jersey, 08755, United States
By accessing this website, you agree to accept these terms and conditions in full.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. “The Company”, "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, CavilUSA and/or it’s licensors own the intellectual property rights for all material on CavilUSA. All intellectual property rights are reserved. You may view and/or print pages from https://cavilusa.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from https://cavilusa.com
- Sell, rent or sub-license material from https://cavilusa.com
- Reproduce, duplicate or copy material from https://cavilusa.com
- Redistribute content from CavilUSA (unless content is specifically made for redistribution).
4. User Comments
- This Agreement shall begin on the date hereof.
- Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. CavilUSA does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of CavilUSA, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws CavilUSA shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
- CavilUSA reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
- You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You hereby grant to CavilUSA a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats
5. Hyperlinking to our Content
- The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
- These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to cs@CavilUSA.com.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
6. No use of CavilUSA's logo or other artwork will be allowed for linking absent a trademark license agreement.
7. In order to receive assistance, delivery, compensation, service, return, refund, or anything else from us, the customer must pay for items in full and agrees to cooperate and assist in the procedures set out by us.
8. It is the purchaser's responsibility to check acknowledgments and invoices for accuracy including quantities, correct fabric, and finish selections, etc.
9. The purchaser may not change an acknowledged planned delivery date, product quantities or options on an order, as shown on an acknowledgment copy, without the consent of CavilUSA. Approved cancellations, changes, and delivery date extensions of orders may be subject to charges in the amount of up to 100% of the total payments made to CavilUSA.
10. The delivery date specified on the acknowledgments copy represents our best estimate of the approximate delivery date at the time of this acknowledgment. However, CavilUSA shall not incur any obligation or liability to the purchaser for failure to deliver by any particular date unless such date has been formally established as a "Guaranteed Move-In" date as detailed in a separate agreement signed by authorized company personnel. In no event, however, shall we be liable for any loss or damage resulting from any delay or failure in delivery or other failure to perform all or any part of the agreement between the parties with respect to the products shown on the face of the order acknowledgement where such delay, failure, loss, or damage is the proximate result of any act of any governmental authority or political subdivision, thereof, revolution, riot, civil disorder or disturbance, act of enemies, delay or default in transportation, strike, disputes among or between labor union, or other labor disputes, delay or inability in obtaining materials and facilities, fire, flood, act of God, or any other cause. CavilUSA may allocate products which are in short supply, irrespective of the reasons, therefore, among purchasers in any manner which we in our sole discretion deem advisable. Risk of loss shall pass to the purchaser at the time we place the products in the possession of a carrier or at the time of tender of delivery to the purchaser in the case of delivery by our own vehicle. Failure by the purchaser to make any claim against CavilUSA within 24 business hours of delivery shall constitute acceptance of the product and a waiver of any claim.
11. Full Warranty
All our chairs come with a full 6-year warranty unless specified otherwise. The warranty covers the entire chair’s movable mechanics, such as up and down mechanism, for 6 years from the date of purchase. Our warranty does not cover damage caused by normal wear and tear, intentional damage, willful damage, neglect, or if the chair was used in a way that it was not intended for. As part of our full warranty promise, we will repair the chair to make it in usable condition again. If the chair needs to be returned and it is no longer covered by our free returns policy, you may be charged for shipping. We should never be held liable in the event we decide not to repair or replace a chair. The warranty is applicable to the initial purchaser only, is nontransferable, and only when the item is located at the original delivery address and in the United States. We will not be responsible for damage due to service, maintenance, modifications or tampering by anyone. In the event a product is defective, we will either repair or replace the defective part. Please note that in the event that an item is shipped damaged and or with a manufacturing defect, we will provide replacement parts at no expense to you. However, we will not provide money back guarantee or free return shipping should you decide to return the item instead. This warranty does not cover damage caused by a carrier or transportation of the product from one location to another, or alterations made by the owner. If the shipping box shows any external damage, the customer is instructed to refuse the product at the time of delivery. If the shipping box does not show damage but the product is damaged in any way, the customer must notify us within 24 hours of receipt and document all damage in order to be eligible for warranty or any compensation.
12. Flat Rate Shipping
We offer flat rate shipping on all orders unless otherwise stated. All orders will arrive between 1 and 7 business days after the date of purchase and allotted processing time. Processing times vary and could take as long as 15 business days. Bulk orders could take up to 60 business days to process. Your shipment may be delayed due to bad weather, out of stock items, error in order data, wrong address provided, or other reasons. We will not be held liable for orders received after 7 business days for any reason. Shipments could be left curbside near customer’s shipping address. We should not be held responsible for items that have arrived damaged. We will not compensate for damage caused by a carrier or transportation of the product from one location to another. All orders are considered fulfilled and received in full by the customer once carrier tracking information shows carrier has received items from us. No further claim of non-receipt could then be lodged against us. We should not be held responsible in the event carrier loses an item or for delivery to a wrong address. We should not be held responsible in the event items were stolen in transit or after delivery was made. We may charge a service fee up to the amount of purchase for any shipment that is refused. Purchaser must cooperate with the carrier and must follow all our terms, otherwise, order may be canceled and a service fee in the amount of up to 100% of the total payments made to CavilUSA may be assessed.
All our chairs are refurbished and restored unless specified otherwise. While we make the best effort for chairs to be free of scratches, marks, stains, or normal wear and tear, we should never be held liable for chairs that contain defects. Chairs listed as “brand new” are assembled at our warehouse and may contain dust and or scuffs.
14. Limitation Of Liability
Purchaser’s remedies set forth herein are exclusive and the liability of CavilUSA with respect to the breach of this agreement or any contract entered into between the parties pursuant hereto shall not exceed the price of the product or part on which such liability is based. In no event will CavilUSA be liable to purchasers for any special, collateral, incidental, or consequential damages however caused, whether by our negligence or otherwise.
All photos and descriptions of chairs are intended for informational purposes only. We should never be held liable if a chair differs from the photos or descriptions. All items bought at a discount to our list price is sold as is, no claims could be lodged against us. By purchasing an item at a discount to our list price, customer agrees to accept the item as is and is waiving all rights to file any claim against CavilUSA. We reserve the right to cancel any order at any time even without reason.
16. Returned item must be in same or better condition as received by you in order to qualify for free return and money back guarantee. A fee may be assessed at our sole discretion in the amount of up to 100% of the total payments made to CavilUSA if an item is returned in a worse condition than of that which was received by you. We may assess a restocking fee in the amount of up to 100% of the total payments made to CavilUSA on returned items at our sole discretion.
17. In order to qualify for a free return, you must pack the item in the original box we shipped. If you no longer have the original box, you may use an alternate box that is the same size or smaller than the original box we shipped to you. We will not provide boxes in order to facilitate a return. Boxes may be purchased from us for a fee. You must use our free return label provided to you in order to qualify for free return shipping. We will not reimburse you for the cost of return shipping if items are returned with any other shipping service, label, or postage other than what we provided to you. Money Back Guarantee and Free Returns are only valid on items that were received with a manufacturing defect. If you return an item that is in usable condition, or if we attempted to make your item in usable condition, you will not be eligible for Free Return or Money Back Guarantee. Please note that in the event that an item is shipped damaged and or with a manufacturing defect, we will provide replacement parts at no expense to you. However, we will not provide money back guarantee or free return shipping should you decide to return the item instead. If you return an item that is in usable condition, or if we attempted to make your item in usable condition, you will not be eligible for Free Return or Money Back Guarantee.
18. We may restrict Free Shipping, We’ll Beat Any Price, Money Back Guarantee, Full Warranty, Free Returns on an item purchased at a discount to our list price.
In addition, Free Shipping, We’ll Beat Any Price, Money Back Guarantee, Full Warranty, Free Returns, or any other service will be provided at our sole discretion and we are in no way obligated to do so.
Free Shipping, We'll Beat Any Price, Money Back Guarantee, Full Warranty, Free Returns, or any other service will only be provided as long as items remain at the original delivery address in the Unites States. The terms of service will be null and void as soon as item has left the original delivery address, or the United States, and we will no longer provide Free Shipping, We'll Beat Any Price, Money Back Guarantee, Full Warranty, Free Returns, or any other service. All sales will be final with no cancellation option, no refund, no warranty, no return, and no services, as soon as item has left the original delivery address, or the United States. No claim can be lodged against CavilUSA as soon as item has left the original delivery address, or the United States.
Free Shipping, We’ll Beat Any Price, Money Back Guarantee, Full Warranty, Free Returns, or any other service can be suspended, modified, or revoked even retroactively at our sole discretion without prior notice to you.
We should never be held liable for damage, injury, or death caused by an item or the result of using an item.
Customer will be held liable for all legal fees and associated expenses, such as court costs and attorneys fees, incurred by CavilUSA in the event any legal action is commenced to enforce any of these terms of service such as non-payment of purchased items.
We reserve the right, at our sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately or even retroactively upon the posting thereof.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
20. Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
21. Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
22. Content Liability
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.