Welcome to the website of Lewis & Wood, Inc. (“Lewis & Wood,” “we,” “us,” or “our”), located at www.lewisandwood.com (the “Website”). These Terms and Conditions (the “Conditions” or “Terms”) govern your access to and use of the Website. By accessing or using the Website, you agree to be bound by these Conditions. If you do not agree to these Conditions, you must not use the Website.
 
  

In these Conditions, the following terms have the following meanings:

• “Conditions” means these terms and conditions and any special product conditions.
• “Product” means a product displayed on the Website.
• “Product Description” means the part of the Website where certain terms and conditions in respect of an individual Product are provided.
• “Special Conditions” means the terms and conditions set out in a Product Description.
• “Users” means the users of the Website collectively.
• “Personal Information” means the details you provide to us, including on registration or when making an inquiry or sample request.
• “We,” “Us,” or “Our” means Lewis & Wood, Inc.
• “Website” means the website located at [WEBSITE URL] or any subsequent URL that replaces it.
• “Cookies” means small text files that our Website places on your computer's or device's hard drive to store information about your visit and to help us recognise your device.
• “United States” means the fifty states of the United States, the District of Columbia, and U.S. territories.
• “You” or “Your” means a User of this Website.
  
   
  

The Website is intended for a general business and consumer audience and is not directed to children. By using the Website, you represent that you are at least 18 years of age, or are accessing the Website under the supervision of a parent or legal guardian. We do not knowingly collect Personal Information from children under the age of 13. If we become aware that a child under 13 has provided us with Personal Information without parental consent, we will take steps to delete that information in accordance with the Children's Online Privacy Protection Act (“COPPA”).

  

You are provided with access to this Website in accordance with these Conditions, and any inquiries or sample requests submitted by you must be made strictly in accordance with these Conditions.

 

If you register with the Website, you warrant that:

• The Personal Information you provide when you register is true, accurate, current, and complete in all respects; and
• You will notify us promptly of any changes to your Personal Information by emailing info@lewisandwood.com or calling 516-743-3750, Monday to Friday, 9.30am - 5.30pm.

You agree not to impersonate any other person or entity or to use a false name or a name you are not authorised to use.

We confirm that any Personal Information you provide to us, and any other information from which we can identify you, is held only for the following purposes:

• Responding to your inquiries and processing sample or product requests;
• Analysis to improve this Website and our services to you;
• Administering the Website;
• If you consent, notifying you of products or offers that may be of interest to you.

Our collection, use, and disclosure of Personal Information is described in our Privacy Policy, available at [PRIVACY POLICY URL], which is incorporated into these Conditions by reference. Depending on your state of residence, you may have additional rights regarding your Personal Information (for example, under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, if you are a California resident). Please review our Privacy Policy for details on your rights and how to exercise them.

 

We reserve the right to:

• Modify or withdraw, temporarily or permanently, this Website (or any part of it), with or without notice to you, and you agree that we will not be liable to you or any third party for any modification to, or withdrawal of, the Website; and
• Change these Conditions from time to time. Your continued use of the Website following any such change will be deemed acceptance of the change. It is your responsibility to check this page periodically for changes. If you do not agree to a change, you must stop using the Website.
  
   
  

The Website and all content on it — including text, graphics, logos, images, product photographs, and the compilation and arrangement of that content — is owned by or licensed to Lewis & Wood, Inc. and is protected by U.S. and international copyright, trademark, and other intellectual property laws. The names “Lewis & Wood” and any associated logos are trademarks of Lewis & Wood, Inc. and may not be used without our prior written permission. You may view, download, and print pages from the Website for your own personal or internal business use, provided you do not modify any content and do not remove any copyright or proprietary notices. No other use of any content on the Website is permitted without our prior written consent.

 

Lewis & Wood, Inc. is not currently enabled for online purchases through the Website. The Website is provided so that Users may view Products, request samples, and submit inquiries. Orders for Products are placed, and payment is processed, offline — by telephone, email, through a trade account, or through an authorised showroom or dealer — and not through the Website.

Where you submit a sample request or inquiry through the Website, this does not create a contract between you and us. A contract for the sale of Products is only formed once we have separately confirmed acceptance of an order to you in writing (for example, by email or invoice) following the process agreed between you and our sales team.

We reserve the right to withdraw any Product from the Website, or from our range generally, at any time and without prior notice.

 

We take reasonable care to ensure that Product descriptions, images, and any pricing information shown on the Website are accurate, but this information is provided for general reference only. Prices displayed on the Website (if any) do not constitute an offer capable of acceptance and are subject to change without notice. The price applicable to any order will be confirmed to you directly, in writing, at the time your order is placed and accepted offline.

Given the natural characteristics of the fabrics we work with, colours, textures, and finishes shown on screen may vary from the physical Product. See Section 12 (Colour Matching) and Section 13 (Colour Fastness) below.

 

As the Website is not e-commerce enabled, delivery timing, methods, and charges will be confirmed directly with you by our sales team at the time an order is placed. Estimated delivery windows communicated verbally or in writing are estimates only and are not guaranteed.

 

Returns are accepted at our discretion. Customers are responsible for return shipping charges, and returns should be made in the original, undamaged packaging within 30 days of the delivery date. A 20% restocking fee applies to returned goods, unless the goods are faulty. We are unable to accept the return of fabric or wallpaper once it has been cut or treated, or more than 12 weeks after the invoice date.

Before cutting any fabric or wallpaper, please confirm that the color, design, and condition of your order are correct. We strongly recommend obtaining a sample before placing an order (see Section 12 below); orders placed without a sample, or proceeding to cut fabric or wallpaper without first confirming a sample, are at your own risk.

Nothing in this Section 10 limits any non-waivable rights you may have as a consumer under applicable state law.

 

Unless otherwise stated in the applicable Product Description, minimum order quantities are 1 yard of fabric and wide width wallpaper. These quantities are subject to change without notice.

 

Because our fabrics use natural fibres and dyes, exact colour matching between samples, screen images, and delivered goods cannot be guaranteed, and variation between dye lots should be expected. If a close colour match is important to you, we recommend requesting a current stock cutting for approval before placing your order, and reserving the quantity of fabric you require.

 

We cannot guarantee our fabrics against colour fading over time, including fading caused by exposure to sunlight or other environmental factors.

 

You agree not to use the Website to:

• Violate any applicable federal, state, or local law or regulation;
• Transmit any material that is unlawful, harassing, defamatory, obscene, or otherwise objectionable;
• Introduce any virus, malware, or other harmful code;
• Attempt to gain unauthorised access to any part of the Website, other accounts, or computer systems connected to the Website;
• Use any automated system, including “bots” or “scrapers,” to access the Website for any purpose without our prior written consent;
• Impersonate any person or entity or misrepresent your affiliation with a person or entity.
  
   

To provide increased value to Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, because you have chosen to enter the linked website, we are not responsible for the availability of external sites or resources, and we do not review, endorse, or accept responsibility or liability, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including any advertising, products, goods, or other materials or services available from them, or (iii) any damage, loss, or offence caused or alleged to be caused by, or in connection with, your use of or reliance on any such content, products, goods, or services.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, MATERIALS, AND INFORMATION ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE, INCLUDING PRODUCT DESCRIPTIONS, IMAGES, OR COLOUR REPRESENTATIONS.

Some states do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LEWIS & WOOD, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100). THIS LIMITATION APPLIES REGARDLESS OF WHETHER YOUR CLAIM RELATES TO YOUR USE OF THE WEBSITE ITSELF; IT DOES NOT LIMIT ANY SEPARATE LIABILITY WE MAY HAVE UNDER A SEPARATE WRITTEN SALES AGREEMENT OR INVOICE FOR PRODUCTS YOU HAVE PURCHASED FROM US OFFLINE.

Some states do not allow the limitation or exclusion of liability for certain types of damages, so some of the above limitations may not apply to you.

 

You agree to indemnify, defend, and hold harmless Lewis & Wood, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Website, your violation of these Conditions, or your violation of any rights of a third party.

 

We are committed to making our Website accessible to all users, including individuals with disabilities. If you experience difficulty accessing any part of the Website or would like to request information in an alternative format, please contact us at info@lewisandwood.com or 516-743-3750 and we will work with you to provide the information or service you need.

 

If you believe that material on the Website infringes a copyright you own or control, you may send a notice to our designated agent that includes: (a) a physical or electronic signature of the copyright owner or authorised representative; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and its location on the Website; (d) your contact information; (e) a statement that you have a good faith belief that use of the material is not authorised; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on behalf of the copyright owner.

Notices should be sent to our designated agent at: info@lewisandwood.com
Head Office
Westbury
New York
11590
US

These Conditions, and any dispute arising out of or related to them or the Website, are governed by the laws of the State of New York, without regard to its conflict of laws principles. Subject to Section 22 (Dispute Resolution) below, you agree that the state and federal courts located in New York State will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to the personal jurisdiction of those courts.

 

We will not be liable for any failure or delay in performance under these Conditions resulting from causes beyond our reasonable control, including acts of God, natural disaster, pandemic, war, terrorism, labor disputes, or disruption to shipping, courier, or supply networks.

 

If any provision of these Conditions is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Conditions will not be considered a waiver of that right or provision. These Conditions, together with our Privacy Policy and any Special Conditions applicable to a specific Product, constitute the entire agreement between you and us regarding your use of the Website.

 

If you have any questions about these Conditions, please contact us at:

Lewis & Wood Inc.
1065 Old Country Road, Suite 211, Westbury, New York 11590

info@lewisandwood.com

516-743-3750