DALLEK Terms of Service

This Web site, located at www.DALLEK.com and all content and services available through it (the "Site") are provided by DALLEK under the Terms of Service and any changes to the Terms that DALLEK may issue from time to time (the "Terms"). BY ACCESSING, BROWSING, PURCHASING THROUGH OR USING THE SITE, YOU AGREE TO THESE TERMS. If you do not agree to these Terms, please do not use the Site or download information from the Site.

In placing an order, you agree to provide us only true, accurate, current and complete information during the check-out process, and agree to update the information provided to keep it true, accurate, current and complete. DALLEK has the right to refuse your access to the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to DALLEK.

This Site, including all graphics, text, photographs, drawings, software, sound, videos and other materials available through the Site (the "Content"), is protected by worldwide copyright, trademark and other proprietary laws and treaty provisions. Except as expressly authorized by DALLEK, or the third party from whom the Content originated, you agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer or create similar works based on the Site or any Content available through the Site. DALLEK authorizes you to view and download one copy of the Content available through the Site only for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You agree not to access the Site, or provide access to the Site, by means other than the interface that is provided by DALLEK for use in accessing the Site.

You represent and warrant that:

• You are over the age of 18 and can form a legally binding contract under applicable law.
• You have provided and will continue to provide only true, accurate, current and complete information about yourself when filling out the DALLEK check-out form (the "Form"). The billing address you provide to DALLEK on the Form needs to be the same address and phone number that your credit card bank has on file for you.
• You are not using the services of DALLEK for any improper purpose, and you will act in good faith in your relationship with us.
• You have sufficient authority, if you are purchasing on behalf of a company, to bind that company to the Terms.

It is understood and agreed that all Content is the sole responsibility of the person from whom that Content originated, which means you are responsible for all Content you post or transmit via the Site.

• Transmit any Content that is harassing, unlawful, defamatory, abusive, threatening, obscene, harmful, tortuous, invasive of another's privacy or right of publicity, or that infringes any copyright, trademark, trade secret, patent or other proprietary right, or that is otherwise objectionable.
• Transmit viruses or other harmful, disruptive or destructive files, codes or programs.
• Violate any local, state, national or international law or regulation or transmit any Content that you do not have the right to disseminate under law, or contractual or fiduciary relationships.
• Interfere with, disrupt or harm in any way the Site or servers or networks connected to the Site.
• Collect or store personal data about other users.
• Harm minors in any way.
• Transmit any unauthorized advertising, promotional materials, spam, or other type of unsolicited mass-e-mail to any party who has agreed to be part of such mailings.

DALLEK respects the privacy of its users. DALLEK uses the information we collect about you to process orders and to provide a more personalized shopping experience. We will not sell or disclose any information that identifies you to a third party if requested. In addition, when you place an order with DALLEK your personal information and credit card information are safe.

Ensuring secure online ordering is an important part of our pledge to honor your privacy. DALLEK.com utilizes SSL (secure socket layers) to protect your credit card information. SSL encrypts all ordering information, such as your name and credit card number, so that it cannot be read in transit. When you place an order with DALLEK.com your credit card information is captured and stored separately from your order, so that it cannot be read by anyone other than our customer service staff.

If you don't have a browser that supports SSL or if you feel uncomfortable sending your credit card information via the Web, we offer you the option of faxing (212-576-1036) or calling our Customer Service Center (800-876-8786) with your credit card number to complete your order.

You agree that your placement of an electronic order on the DALLEK site is sufficient to satisfy the Statute of Frauds, and no further writing is required. Terms of payment are within DALLEK's sole discretion, and unless otherwise agreed by DALLEK, we must receive payment prior to our acceptance of an order. DALLEK may accept payment via Visa, MasterCard, and American Express. Orders are not binding until the order is accepted by DALLEK. DALLEK may need to verify any information you provide before we can accept your order, and may cancel or limit an order any time after it has been placed. DALLEK expressly conditions it acceptance of your order on your agreement to the Terms. Invoices are due and payable within the time period indicated on the invoice. You agree to pay interest on all past-due sums at the highest rate allowed by law.

Merchandise purchased on the Site may not be returned once it has left our distribution center.

Stock orders placed on the Site may be canceled up to 24 hours providing the merchandise has not left our distribution center. Special orders placed on the Site are non-cancelable.

Unless otherwise noted, DALLEK will make best efforts to ship stock items as soon as it is practicable. Product availability may be limited and particular products may not be available for immediate delivery. You will be charged separately for shipping and handling. A DALLEK representative will contact you regarding shipping charges once your order has been received and approved.

Once your order has been processed and we are ready for delivery a DALLEK representative will contact you to schedule delivery. Please be advised on the following:

• Delivery hours are Monday thru Friday from 9am-5pm.
• For special handling, packing, and after hour's delivery, arrangements must be coordinated with Customer Service before delivery and are subject to additional charges.
• It is the customers' responsibility to notify us of any difficult or unusual delivery conditions, i.e. steps, limited access ways, and elevator sizes, which are subject to additional charges.

• The job site shall be prepared and ready to accept furniture (floor and wall coverings in place).
• Job site will be free and clear of all other trades and debris
• The buyer will supply elevator, hoisting, security and adequate lighting and services.
• Adequate storage, assembly and sorting space will be available adjacent to the installation site.
• Labor will be performed by our usual work force. If other trades are required, an additional charge will be made.

We reserve the right to make and invoice for partial shipments.

We shall retain title until payment is made; but risk of loss and damage shall pass to the buyer on deliver.

We shall not be responsible for any loss or damage due to delay in furnishing or installing any of the merchandise hereunder caused by fire, labor disputes, embargoes, government requirements, civil or military authorities, acts of God or the public enemy, inability to secure labor or material or omissions of manufacturers or carriers or other causes beyond our control.

Special order merchandise is non-cancelable after it has been reserved for you. No returns (stock or special order) are accepted.

If buyers will not or cannot accept delivery of merchandise when we are ready to deliver, we may transfer the merchandise to storage. Full payment is then due and payable. All storage related costs would be at the buyer's expense. We will consider such a transfer as delivery for all purposes including invoicing and payment. The buyer bears the risk of loss or damage during storage and transfer.

All claims for breach or warranty, express or implied, shall be made solely upon manufacturer, it being agreed that we are not responsible for any such claim.

Please be advised of the following terms regarding payment:

• 50% deposit is required to place an order.
• Full payment is due and payable when the merchandise is reserved for you.
• 50% deposit is held against any backorders.
• When we are ready to deliver, full payment is due and payable.

Prices are subject to change. If a discrepancy arises between the price quotes on the Site and on the check-out page, the latter will prevail. In the event a product is listed at an incorrect price due to a typographical or other error, DALLEK shall have the right to refuse, cancel or limit any order placed for products listed at the incorrect price, whether or not an order confirmation has been sent and/or payment has been made. If payment has already been made and your order is canceled or limited, DALLEK shall refund any payment you made for any item that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. DALLEK shall automatically collect the applicable sale tax for orders to be delivered to addresses within the Sates of New York and New Jersey. You are solely responsible for all sales, use or other taxes, which may apply on orders shipped to any other state.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN REGARD TO THE SITE AND ALL CONTENT THEREON, DALLEK EXPRESSLY DISCLAIMS ALL WARRENTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURER'S WARRANTIES, THOUGH NOT THROUGH DALLEK. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE. THE CONTENT ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. DALLEK DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE OPINION, STATEMENT, PRICE AVAILABILITY OR OTHER INFORMATION DISPLAYED OR D ISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE STATEMENT, PRICE AVAILABILITY, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. DALLEK DOES NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE INTERUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS IN THE SITE, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRENTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SOME ITEMS MAY COME WITH A MANUFACTURER'S WARRANTY, WHICH WILL VARYFROM PRODUCT TO PRODUCT.

IN NO EVENT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL DALLEK, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO ANY ENTITY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR OTHERWISE ARE RELATED TO THE USE OR, OR THE INABILITY TO USE, THE CONTENT OR THE SITE OR ANY LINKED WEBSITE, THE STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED ACCESS TO THE SITE, YOUR TRANSMISSIONS, YOUR ACCOUNT OR YOUR PASSWORD, EVEN IF DALLEK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to indemnify and hold harmless DALLEK, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action or damage, including reasonable attorney's fees, made or incurred by any third party arising out of or related to your use of the Site, any Content you transmit via the Site, or your violation of the Terms.

DALLEK reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms in whole or in part, at any time. Changes in the Terms will be effective when notice of such change is posted on DALLEK's Site. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes. You should periodically check the "Terms of Service" section of DALLEK's homepage to view the then current Terms.

DALLEK may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the DALLEK Site, temporary or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that DALLEK shall not be liable therefore.

You agree that DALLEK, in its sole discretion and at any time without notice to you, may terminate your use of the Site, including without limitation, your password and account, and may remove or delete any Content on the Site or within your account, including Content you have provided to DALLEK or transmitted through the Site. You further agree that DALLEK shall not be liable for any termination of your use of or access to the Site. In the event of any termination of the Terms, or your use of or access to the Site, you agree that the provisions regarding Intellectual Property Rights, Indemnification, Disclaimer of Warranties, Limitations of Liability, and General shall survive any such termination.

You agree that DALLEK may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space that it will maintain for Content transmitted through the Site, and you agree that DALLEK has no responsibility or liability for the deletion or failure to store any messages, communications or other Content transmitted through the Site.

Your dealings or communications through the Site with any party other than DALLEK are solely between you and that third party, and DALLEK has no responsibility or make any representations or warranties with respect to any goods, services or information that may be obtained from such third parties and DALLEK shall not be liable therefore.

The Site, or third parties on the Site, may provide links to other sites and/or resources over which DALLEK has no control. DALLEK shall not be liable for the content, advertising, products or other materials available through such other sites or resources.

You agree not to sell, resell, reproduce, duplicate, copy or use for any unauthorized purposes any portion of the Site, or use of or access to the Site.

This Site is controlled, operated and administered by DALLEK from its offices within the United States of America. DALLEK makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of United States export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

The Terms shall by governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. Any claim or controversy arising in any way out of or relating to the Terms shall be filed in a court of competent jurisdiction sitting in New York County, New York. Both parties consent to exclusive jurisdiction in that county, provided however that either party may select to settle any litigation in any way arising out of or relating to these Terms of Service by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Except as explicitly stated otherwise, notice to DALLEK shall be given by postal mail to DALLEK, 269 Madison Avenue, New York, NY 10016 and notice to you shall be given by an e-mail sent to the address you provided during the check-out process or through a general notice posted on DALLEK's homepage. In addition, DALLEK may give you notice by certified mail to the postal address provided during the check-out process.

Postal notice shall be deemed given 3 days after the date of mailing. E-mail notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

The Terms constitutes the entire agreement between DALLEK and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitations to the contrary. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. Any failure by DALLEK to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.