Terms & Policies
The Robert Allen Group, Inc.
Our Company is committed to protecting your right to privacy and keeping your personal information secure when you interact with our Web sites.
Qualified accounts of the Company are invited to access account information in order to request a memo/sample or to place an order. As part of this process, each qualified account has a unique password, which may be changed at any time. Various registration forms require users to give us contact information (including name, address and e-mail address). In addition, when purchasing products, we may collect financial information, including credit card information.
We also use your Internet Protocol ("IP") address to help diagnose any problems with our server and to monitor and administer our Web sites.
We welcome individuals who do not have accounts to visit our Web sites.
Accessing Your Account
To access your account, you must enter your account number and a password. This helps to protect the privacy of your interactions with us. We will not share your password, which you may change at any time. We also request that you protect your password by not sharing it with others.
From time to time, we send out communications to those on our mailing list. If you do not wish to receive these communications, you may opt out by sending an E-mail to firstname.lastname@example.org.
You may update or change your account information with us at any time. Please contact Customer Service at 800.333.3777.
Disclosure of Personal Information
Our company will never willfully sell, trade, rent, disclose or make available personally identifiable information about you to any third party without first receiving your permission, except pursuant to any joint marketing efforts with third-party or when we believe in good faith that the law requires it, or to protect the rights or property of the Company. We do not disclose details of our mailing list or information about our site visitors to other companies.
Our Company utilizes "cookies," which are small pieces of information that are stored by your browser on your computer's hard drive. Cookies themselves do not contain any personally identifiable information other than noting a repeat visit from a specific computer. We use them to monitor traffic patterns and site usage, and to develop a more unique experience for you when you visit our Web sites. Our cookies do not have the capability of "stealing" information from your hard drive.
When you request a memo/sample or place an order, we collect information such as your name, e-mail address and terms of payment. This is used to process and fulfill your Memo Requests and/or Product Orders and to notify you of your order status. All information submitted to us is transmitted over the Internet in an encrypted manner. We will not store your credit card information after your transaction is completed, and information from these transactions is not released to third parties.
You must be 18 years or older to use the Company's Web sites. If you are under 18 years of age, consult your parent or guardian before sending any information to any site. It is the Company's policy never to knowingly collect or maintain information about individuals under age 13. Note that we cannot always determine that a user is a child.
This is a binding agreement ("Agreement") between The Robert Allen Group, Inc. (the "Company") and you, the user ("You" or "Your"). Our Web site is offered to You condition on Your acceptance without modification of the terms, conditions, and notices contained herein. By using our Web site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
Our Company reserves the right to change the terms, conditions and notices under which our Web site is offered. You are responsible for regularly reviewing these terms and conditions. Your non-termination or continued use of our Web site after changes are posted constitutes Your acceptance of this Agreement as modified by the posted changes.
Online Selling Policy
The Company may offer products and services for use and/or purchase through its web sites. Some of these products and services may be governed by our Terms and Conditions. Please review our Terms and Conditions, which are applicable to online transactions.
Compliance with Applicable Laws
You agree to comply with all applicable local, state and federal laws, statutes and regulations regarding Your use of the Company's sites. It is our policy to comply with all local, state and federal law. Therefore, the Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Use of Communications
You agree not to submit, publish or transmit through the Company's Web sites any content that is libelous, obscene, invasive of privacy, illegal, racially or ethnically discriminatory or that would constitute or assist a criminal or civil offense. We reserve the right to pursue any action with respect to information posted on the Company's Web sites which we believe is appropriate in our sole discretion. We cannot control the information provided by users or content that is made available through our system. By its very nature, other people's information may be offensive, harmful, and inaccurate or may be mislabeled or deceptively labeled.
You may not use any software or routine, including viruses or malicious codes, intended to damage or interfere with the proper operation of the Company's Web sites.
All prices displayed on the Company's Web sites are quoted in U.S. dollars and are valid in the United States. We charge sales tax as applicable.
We reserve the right without prior notice to discontinue or change specifications and prices on products and services offered on the Company's Web sites. All products displayed on the Company's Web sites are available while supplies last. Please confirm availability prior to purchasing any product. We reserve the right to cancel a sale and issue a return authorization for merchandise that is unexpectedly out of stock or does not conform to specifications. We reserve the right to limit the order quantity on any items without prior notice.
Copyrights, Trademarks and Restrictions
The Company attempts to be as accurate as possible in the product representations and Web site content. Electronic images from computer monitors may not have the same color accuracy and resolution needed to depict our products with absolute accuracy. The Company and its affiliates do not warrant that product descriptions, images and Web content are free from errors. We advise requesting a memo or sample before making a purchase decision.
Please note that pictures of the Company's products on its Web sites are not in the public domain, and you are not permitted to copy, download, modify, redistribute or redisplay these images without our prior written approval.
Site Access and License
You are granted a limited license to access robertallendesign.com and/or beaconhilldesign.com. You may not modify them or download their contents for other than Your personal use.
Termination of Usage
You agree to indemnify, defend and hold harmless the Company, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against any and all claims, demands, actions, costs, liabilities, losses of any kind (including attorneys' fees) arising out of Your use of this Web site; Your failure to use the site; Your breach or alleged breach of this Agreement or Your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
State Specific Legal Notices
Pursuant to California Civil Code Section 1789.3 and California Civil Code Section 17538, residents of California are hereby advised:
Upon Your request, You may have this Agreement sent to You by e-mail. Please contact The Robert Allen Group to resolve a complaint regarding any aspect of service relating to this site by contacting us in writing at the above address, or at 800-333-3777.
Robert Allen Terms & Conditions of Sale
ACCEPTANCE OF TERMS AND CONDITIONS
These terms and conditions of sale shall govern this order and buyer shall be deemed to have agreed to them. Any attempt to change or add to these terms by buyer, or any conflicting terms on any correspondence, purchase order, or other form sent by buyer is hereby objected to and rejected. Buyer shall be deemed to have agreed to these terms and conditions of sale by placing an order, accepting delivery or by making payment hereunder. No oral agreement, course of prior dealings between the parties or trade usage shall amend or supplement any of the terms or conditions herein. All of the terms and conditions of this order and sale appear on this form and no additions or modifications can be made except in a writing signed by both parties that expressly references the amendment of these terms. All references herein to the “Seller” or the “Company” shall mean The Robert Allen Group.
The minimum order for all cut yardage is one yard for fabrics and trim. Incremental yardage is 1/4 yard. Orders received for cuts other than 1/4 yard will be rounded up to the next 1/4 yard increment and billed at that amount. Leather is sold by full hides. Certain hardware is sold in pairs.
DYE LOT AND OTHER VARIATIONS; INHERENT IMPERFECTIONS
Color will vary from piece to piece and the Company does not guarantee the dye lot. For exact match, request cutting and reserve for approval. In the absence of such request and reserve, the Company shall have no liability for variations in color, dye lot or shade. Some collections contain products that are hand-painted or manufactured by hand; slight variances in color, texture and/or weave may occur. There may also be inherent imperfections in certain fibers, metals, leathers or fabrics. None of the foregoing shall be considered defects.
CLIMATIC CONDITIONS; SUITABLE APPLICATIONS; C.O.M FABRIC
Climatic conditions, including heat, light and humidity levels, within the user’s environment, can affect fabric and wood, and may lead to fading, stretching, shrinking or other damage. Fabric displayed in sample books and memo samples describes the intended application thereof. Hardware is considered a decorative product; while it is also functional, some collections are more appropriate for stationary treatments and others for windows requiring functionality. The selection of hardware, furniture or fabrics for specific placements or applications is made at the discretion and sole risk of the buyer and the Company shall have no liability for such selections. Accordingly, buyers are urged to review the suitability of such choices and any other questions with the Company’s Customer Service Department before ordering and to allow sufficient fabric for environmental effects. The Company shall have no liability for the buyer’s C.O.M. fabric, its suitability, performance or condition. The Company does not guarantee roll direction and is not responsible for errors in application due to roll direction.
FLAME RETARDANT PROPERTIES; TOPICAL TREATMENTS
In accordance with the provisions of the Flammable Fabrics Act, as amended, this merchandise is not intended for use in the manufacture of wearing apparel. Flame retardant chemicals can cause skin irritation, fabric spotting and/or stitching problems. In addition, all of the flame retardancy may be removed through machine washing and/or dry cleaning of the fabric. Accordingly, the Company shall have no liability for any losses, claims or damage resulting from flame retardant chemicals. Adding topical treatments to any fabric may alter the performance, quality, color or hand. The Company shall have no responsibility for any damage to fabric treated beyond regular finishes applied at the mill level.
DELIVERY SCHEDULES; SHIPPING AND CHARGES; TITLE
In-stock cut yardage orders are generally shipped within 24 hours from receipt of a credit approved order. Furniture, custom, special-order and non-stock orders have longer lead times. Delivery dates supplied by the Company represent its best estimate, but are in no way guarantees of delivery. Accordingly, the Company shall have no liability for delays in delivery or failure to meet estimated delivery dates. All shipments are made F.O.B. point of origin. All orders are subject to shipping and/or handling charges. Title to goods passes upon payment in full; risk of loss passes upon delivery to buyer’s common carrier.
NON-DELIVERY OF FURNITURE
The Company shall charge a storage fee to the buyer for any furniture for which the balance has not been paid in full and/or for which delivery instructions have not been given within thirty (30) days after receipt by the receiver. If full payment and delivery arrangements have not been made by Buyer within sixty (60) days after receipt by the receiver, the Company shall have the right to sell or otherwise dispose of such furniture in a commercially reasonable manner. In such event, the Company’s sole liability to buyer (or buyer’s customer or the end-user) shall be to reimburse the buyer for payments made after deduction by the Company for its cost of goods, its customary profit thereon and all unreimbursed expenses of shipping, storage and sale thereof.
CREDIT AND PAYMENT TERMS; OFFSETS
Acceptance of orders and shipments shall at all times be subject to approval by the Company’s Credit Department, which may at any time in its sole discretion decline to make any shipment except upon terms and conditions satisfactory to it. Subject to credit approval, terms of payment for all goods other than furniture or custom orders are net 30 days from the date of the invoice. All orders are subject to the absolute right of the Company to require payment of all or any part of the purchase price in advance of delivery. Furniture and custom orders require a minimum deposit of 50% with order and payment of the balance in full prior to shipment. Interest will be charged on all past due accounts at the maximum rate permitted by applicable law. Seller accepts credit cards on new orders only. Credit cards cannot be used to pay open balances. Any indebtedness of buyer to The Robert Allen Group may at the Company’s option be credited against amounts owed by the Company to buyer. Payments received by the Company from the buyer may be applied to any past due invoice or account of the buyer.
On-line price lists replace all prior price lists and are subject to change without notice. On-line price lists, or any portion thereof, may not be reproduced without our express prior written permission.
COLLECTION; GOVERNING LAW; FORCE MAJEURE
In any action for the collection of, or to enforce payment of, all or part of the purchase price of the products sold to buyer, Seller shall be entitled to recover all reasonable collection fees, attorneys’ fees and costs, to the extent permitted by law. This transaction shall be governed by and enforced in accordance with the substantive laws of the State of New York, without regard to principles of conflicts of laws, and buyer hereby consents to the personal jurisdiction of the federal and state courts located in New York, New York. The Company shall not be liable for delay or failure in performance hereunder arising from any act of God or nature, strike, labor disruption, government action, lack of materials or other cause not within its control.
CANCELLATION OF ORDERS
Any cancellation of an order must be made in writing within five (5) business days of the order date. Notwithstanding the foregoing, no cancellations will be accepted if production of the order has commenced, including without limitation, cutting of fabric. If production has not commenced and the cancellation is accepted, the buyer’s deposit will be refunded.
RETURNS AND CLAIMS
No merchandise may be returned without the Company’s prior approval and instruction.
No returns on Beacon Hill fabric under 1 yard; for all others, no returns on upholstery fabric under 5 yards or drapery fabric under 9 yards.
No returns of floor samples or sale items, which are sold “as is” and for which all sales are final.
No returns of goods that have been cut, treated, altered, processed, subject to abuse or misuse, or damaged after shipment by Seller.
No returns of velvets, custom products or special-ordered goods.
All authorized returns must be in original wrapping materials in the same condition as when received by buyer.
All authorized returns within 30 days of invoice date will be subject to in/out freight and handling charges.
All authorized returns after 30 days but within 60 days of invoice date will be subject to a 25% restocking charge, plus in/out freight and handling charges.
No returns for any reason after 60 days.
Claims for damage to furniture in transit for delivery to buyer or buyer’s customer, workroom or other agent are buyer’s responsibility; all goods should be inspected upon arrival and a claim filed with the carrier if damage has occurred in shipment.
The Robert Allen Group provides memo samples upon request, subject to its sole discretion for the sole purpose of assisting customers in their purchasing decisions and they remain the property of the Company. The Company requests that all memo samples be returned within 30 days and reserves the right to charge for memo samples or to take any other steps it deems necessary to ensure that memo samples are used for their intended purpose.
The Robert Allen Group provides Sample Books to its sales territories, subject to its sole discretion for the sole purpose of assisting customers in their purchasing decisions. The Sample Books remain the property of the individual sales territories to which they are provided. The sales territory reserves the right to charge for Sample Books or to take any other steps it deems necessary to ensure that Sample Books are used for their intended purpose.
NO THIRD PARTY BENEFICIARIES
No third party shall have any rights with respect to this sale transaction, on any legal or equitable theory of reliance, contract or otherwise, and the Company shall have no liability to any such third party, including without limitation, a customer of the buyer or an end user of the Company’s products. The Company sells “to the trade” only and not directly to consumers; any signatures or payments made by consumers with respect to this transaction shall be deemed to have been made as a convenience only as agent for the trade buyer named herein.
NON-CONFORMING OR DEFECTIVE PRODUCTS
The Robert Allen Group reserves the right to repair or replace any defective or non-conforming product, as provided below. All products must be inspected by the buyer or buyer’s customer, workroom or other agent, within ten (10) days after receipt and all defects or damages not sustained in shipment must be promptly reported to the Company’s Customer Service Department. All shipments received and signed for by buyer’s receiver must be inspected for damage prior to acceptance and the Company must be notified promptly of any problem. All returns for defects must have prior authorization and instructions from the Company and must be returned in their original package and in the same condition as when received. If verified by the Company to be defective, products will be accepted within sixty (60) days after receipt for repair or replacement, at the Company’s sole option. The Company will pay all return in/out freight and handling charges in such verified cases. If, upon inspection of an authorized return, the Company determines that the claim is unsubstantiated, the return will be rejected and return in/out freight, handling and restocking charges will be assessed. Charges for local repairs will not be accepted without prior authorization from the Company. The foregoing provisions shall constitute the buyer’s sole remedy with respect to defective or non-conforming goods. In no event shall Seller be liable for any customary variations within industry standards or for imperfections inherent in certain fibers, leathers, metals, fabrics or woods.
All advertising of the Company’s products must be dignified, tasteful and professional. Use of the Company’s trademarks, trade names, logos, copyrighted materials, digital images or other proprietary materials, in any medium (including without limitation, over the internet), without prior written approval by The Robert Allen Group, is strictly prohibited and may subject an unauthorized user to legal action by the Company. By purchasing the Goods, Buyer agrees to abide by Seller’s minimum advertised pricing policy, available at www.robertallendesign.com.
DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY
UNLESS OTHERWISE EXPRESSLY OFFERED BY THE FABRIC, HARDWARE OR FURNITURE MANUFACTURER AND INDICATED IN WRITING BY THE COMPANY, SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANT ABILITY. IN THE EVENT OF SELLER’S LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, BUYER’S SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED AS SET FORTH IN THE SECTION ENTITLED “NON-CONFORMING OR DEFECTIVE PRODUCTS”, TO REPAIR OR REPLACEMENT BY SELLER OF ANY DEFECTIVE OR NONCONFORMING GOODS FOR WHICH TIMELY CLAIM MAY BE MADE BY BUYER. SELLER EXPRESSLY DISCLAIMS ANY LIABILITY TO BUYER, ITS CUSTOMERS OR TO END USERS OF ITS PRODUCTS, FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT, PERSONAL INJURY, LOSS OF PROFITS, BUSINESS OR REVENUES, OR COST OR OTHER DAMAGE, LOSS OR EXPENSE FROM ANY CAUSE WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SALE OR USE OF ITS PRODUCTS. THE MAXIMUM LIABILITY, IF ANY, OF SELLER FOR ALL DAMAGES HEREUNDER IS LIMITED TO THE PURCHASE PRICE OF THE DEFECTIVE OR NON-CONFORMING PRODUCTS SOLD PURSUANT TO THIS TRANSACTION. ANY ACTION ARISING HEREUNDER MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE OF SALE. SOME STATES DO NOT ALLOW THE EXCLUSION O R LIMITATION OF WARRANTIES, CONSEQUENTIAL DAMAGES OR REMEDIES, OR LIMITATION ON THE TIME FRAMES INVOLVED IN SAME, IN WHICH EVENT THESE LIMITATIONS MAY NOT APPLY TO YOU.
Minimum Advertised Price Policies
This Minimum Advertised Price Policy (“MAPP”) applies to all Authorized Retailers of The Robert Allen Group (“TRAG”) in all channels with operations in the United States and Canada. In order to ensure that TRAG products are properly promoted and supported to maintain the value of all of TRAG’s brands, preserve individual pricing decisions, and maintain a fair business environment for its authorized resellers, TRAG unilaterally developed this MAP Policy and reserves the right to modify it from time to time. TRAG does not seek, nor will it accept, any agreement or understanding with any Authorized Retailer or other third party with respect to the prices advertised or charged at any time by any Authorized Retailer or such third party.
TRAG PRODUCTS SUBJECT TO MAPP
TRAG products subject to this MAPP are Robert Allen® and Beacon Hill® branded products. Pricing advertisements of products branded Robert Allen @ Home® and Robert Allen Contract are not subject to this MAPP. All Authorized Retailers are responsible for being aware of the then-current MAPP and minimum advertised prices established by TRAG.
TRAG products identified by TRAG on www.robertallendesign.com and/or www.roberallenoutlet.com as “DISCONTINUED” or “CLOSEOUT”, regardless of the brand name under which such products are advertised, are not subject to this MAPP.
- The minimum advertised price for TRAG branded products subject to this MAPP are as follows:
- a. Robert Allen® branded products shall be no more than a 25% reduction from the TRAG suggested retail price of 2 x stated wholesale.
- b. Beacon Hill® branded products subject to this MAPP shall be the TRAG suggested retail price of 2 x stated wholesale.
- No Authorized Retailer will advertise or promote Robert Allen® and Beacon Hill® branded products at a price below its minimum advertised price.
- This MAPP applies to all forms of advertisements of Robert Allen® and Beacon Hill® branded products in any and all media, including, but not limited to:
- a. flyers, posters, coupons, mailers, inserts, newspapers, publications, magazines, circulars, catalogs, mail order catalogs, public signage, and other print media, including advertisements and marketing by affiliates;
- b. broadcasts on networks, television, radio, including advertisements and marketing by affiliates, and
- c. Internet and any other electronic or social media marketing, including websites that can be accessed directly through any hypertext link or by any other method which uses the hypertext transfer protocol (http); search engine advertising, broadcast e-mail newsletters, e-mail solicitations, automated response pricing e-mails, SMS or other phone/electronic text messages, search engine optimization, banners, pop-ups or pop-up under ads, price comparison sites, auction functions or websites, shopping websites, shopping feed and portal sites, online display advertising, or similar electronic media, including advertisements and marketing by affiliates.
- Electronic mail sent in direct response to a customer inquiry is not considered to be advertising prohibited in the preceding guideline.
- The MAPP does not apply after an item is added to a customer’s “shopping cart” on a website as long as such “shopping cart” technology does not permit any below minimum advertised pricing to be displayed as a search engine result or otherwise revealed to the public.
- Robert Allen® and Beacon Hill® branded products shall not be sold or offered for sale on or through any Internet auction website or reserve price auction website (including but not limited to EBay or Amazon) and shall not be sold through any advertising referral programs on such sites unless TRAG has established a direct relationship with such site for the purpose of driving referral traffic and has provided the Authorized Retail with its written consent to advertise though the program established by TRAG.
- This MAPP is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer(s). For the avoidance of doubt, in-store advertisements shall not be displayed through digital media cross-promotion, including but not limited to Facebook®, Instagram, or Pinterest.
- If the advertising method provides for or suggests a price below the minimum advertised price, such advertising violates this MAPP. The following advertising methods are examples of violations of this MAPP (and are not inclusive of all potential violations):
- a. The use of a rebate, coupon, promotion, giveaway, or incentive that reduces the advertised price below the minimum advertised price violates this MAPP.
- b. The inclusion in advertising of free or discounted products with a product covered by this MAPP violates this MAPP if it has the effect of discounting the advertised price of the covered product below the minimum advertised price.
- c. Offering free shipping and handling of Robert Allen® and Beacon Hill® branded products violates this MAPP if the monetary value for such offer results in the display of the price for such product below the established minimum advertised price for such product.
- d. If pricing is displayed, any strike-through or other alteration of the established minimum advertised is prohibited.
- e. The use of “click on” or “click through” buttons on a website, or any similar buttons or automated price quotation transmission features, to provide automatic price quotations at or below the established minimum advertised price.
- f. Language such as “Click ‘Buy’ for Price” or “Click ‘Add to Cart’ for Price” or “Click for Quote” if used on the same website page on which Robert Allen® and Beacon Hill® branded products are being advertised for sale.
- g. Statements such as “Click here for Lower Price,” “Add to Cart for Lower Price” or “Check Cart for Lower Price.”
- The minimum advertised price applies only to advertised prices and does not apply to the price at which the products are actually sold or offered for sale to an individual consumer.
- This MAPP does not establish maximum advertised prices. All Authorized Retailers may offer Robert Allen® and Beacon Hill® products at any price in excess of the established minimum advertised price.
- This MAPP does not in any way limit the ability of any Authorized Retailer to advertise that it “Has The Lowest Prices” or, it “Will Meet Or Beat Any Competitors Price”, that consumers should “Call For A Price” or phrases of similar import as long as the price advertised or listed for the products is not less than the established minimum advertised price.
- This MAPP does not prohibit responses to specific responses for price quotes by an individual customer, provided that such response is not automatic and is given in an individual, personal communication.
Intentional or repeated failure to abide by this policy will result in sanctions being unilaterally imposed by TRAG, which might include one or more of the following consequences:
- (1) the suspension of shipments of products without notice;
- (2) suspending any discounts or incentives and
- (3) termination of Authorized Retailer status and business relationship with TRAG.
This policy applies only to Authorized Retailers located in the United States and Canada. Authorized Retailers based in the United States agree that they shall not distribute or promote TRAG products outside of the United States and its territories without prior written authorization of TRAG.
TRAG will not discuss any conditions of acceptance related to this MAPP, as it will not be altered for any Authorized Retailer. For legal reasons, TRAG will not discuss its retail pricing policies with any Authorized Retailer. Further, all TRAG personnel have been instructed not to discuss this MAPP beyond the content of this document with non-TRAG employed third parties. Do not attempt to discuss this MAPP with TRAG personnel. Any representation or action by any TRAG employee or agent, other than the MAPP Administrator, is unauthorized and invalid. No oral communications concerning this MAPP are authorized.
Any questions or comments regarding this MAPP should be directed, in writing, to: The Robert Allen Group, Attention: Ed Langellier, at 2 Hampshire Street, Suite 300, Foxboro, MA 02053 (the “MAPP Administrator”).
By purchasing products subject to this MAPP, the Authorized Retailer is indicating its understanding of this MAPP and its willingness to abide by its terms and conditions.