Terms and Conditions
Last updated: August 18, 2020
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Off Track Bedding or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
CUSTOM ART ORDERS
By using our Photos to Art interface you certify that you own copyright for the photo(s) or are authorized by the owner to make a product reproduction.
All brand names and products mentioned herein are either registered trademarks or trademarks of their respective owners and are hereby recognized as such.
Products sold by Off Track Bedding are covered by Lifetime warranty replacement directly through Off Track Bedding. Off Track Bedding will exchange products that will become defective due to normal wear and tear during normal and appropriate application of the product. Shipping expense during the warranty transactions will not be covered by Off Track Bedding. If the product is no longer available, Off Track Bedding will replace the product for one of the same size, free of charge (excluding the shipping charges). Off Track Bedding reserves the right to deny any replacement of the products, including but not limited to the following reasons: loss of product, physical damage that was not caused by wear and tear, misuse of products, and fraudulent returns of products not sold to Customer by Off Track Bedding. Physical damage must be reported within 7 business days of the receipt of products in case for Off Track Bedding to make a claim and exchange the products.
RETURN AND EXCHANGE POLICY
Off Track Bedding has the right to reject damaged goods and decline any return. All items sent for a return must have a proper Return Merchandise Authorization (RMA) form accompanying the shipment. If the RMA form is missing Off Track Bedding reserves the right to decline a return. Refunds, exchanges and store credits are processed only after an issued RMA form is received, the purchased items are received and the customer specifies what type of return he/she would like to process. Refunds are judged based on receipt of the item and not when shipped out. All returns for credit must be in original condition, include original packing material, manuals and all other accessories provided upon original delivery.
PRODUCT PRICE CHANGES
In the event of a price reduction of an item recently ordered, Off Track Bedding will only credit a difference to an order if the order is in the process phase. Any price reduction will not be refunded if the order has been shipped.
You agree to indemnify, defend, and hold harmless Off Track Bedding, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In the event that a Off Track Bedding product is mistakenly listed at an incorrect price, Off Track Bedding reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Off Track Bedding 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, Off Track Bedding will issue a full credit back to your credit card account in the amount of the incorrect price. Off Track Bedding is not responsible for typographical or photographical errors. Prices and specifications are subject to change without notice.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Off Track Bedding without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Off Track Bedding may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Off Track Bedding.
Your use of this site shall be governed in all respects by the laws of the state of Illinois, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Off Track Bedding products) shall be in the state or federal courts located in Illinois. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Off Track Bedding products) must be commenced within one (1) year after the claim or cause of action arises. Off Track Bedding failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Off Track Bedding may assign its rights and duties under this Agreement to any party at any time without notice to you. An accompanying Commercial Invoice, required by U.S. Customs will show a “Declared” Value that may not be equal to the actual value of the items.
Off Track Bedding does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Off Track Bedding is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Off Track Bedding reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Off Track Bedding in its sole discretion.
LIMITATION OF LIABILITY
Off Track Bedding shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Off Track Bedding has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Orders must be cancelled via email and a confirmation by one of Off Track Bedding representatives within the same business day before 6pm CST. Refused shipments may be subject to a 25% restocking fee.
By placing an order over the phone you (“Customer”) automatically agree to accept Off Track Bedding Terms and Conditions.
PURCHASE AGREEMENT AND PAYMENTS
All Credit Card transactions will be processed on the same date of the order. This capture of payment will be more than 1 business day in advance of shipment. As Off Track Bedding artwork is made-to-order, art prints are shipped between 5-7 business days after capture of payment and custom prints are shipped between 7-10 business days after capture of payment. By accepting delivery of any product sold from Off Track Bedding you (“Customer”) agree to be bound by the terms and conditions listed. You and Off Track Bedding agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Off Track Bedding. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Off Track Bedding.
All duties and taxes for orders outside of United States are to be paid by an appropriate party. Off Track Bedding is not responsible for any billing imposed by any state outside of United States. If products are being shipped outside of United States, the recipient of the product is fully responsible for all the applicable duties and taxes. If merchandise is refused at the time of delivery, it will be returned to Off Track Bedding where it will be held for 30 Days. If Goods are not claimed within 30 days of receipt at the warehouse, Off Track Bedding holds the right to cancel the order and charge a 25% restocking fee.
These terms and conditions, together with an Off Track Bedding invoice regarding the products ordered by the Customer, are the complete and exclusive agreement between Off Track Bedding and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Off Track Bedding and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
- Transactional: updates to status of orders and returns
- Promotional: updates about discounts, new products, new artists, etc.
- Informational: updates about Off Track Bedding
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Off Track Bedding. The collective work includes works that are licensed to Off Track Bedding. Copyright 2020 and beyond, Off Track Bedding RESERVES ALL RIGHTS. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Off Track Bedding. You may display and, subject to any expressly stated restrictions or limitations relating to specific materials, download or print portions of the materials from the different areas of the site solely for your own non-commercial use, or to place an order with Off Track Bedding. Any other use, including but not limited to the copy/pasting, reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Off Track Bedding. You further agree not to change or delete any proprietary notices from materials downloaded from the Off Track Bedding.
In Purchasing any images on this website, you obtain no copyright rights or other intellectual property rights of any form in the content and may not duplicate or republish the art or photography for any reason, including, but not limited to, commercial purposes. You further understand and agree that in selecting any content and in adding text or other alterations to such content, you in no way obtain copyright rights or other intellectual property rights in the content as joint copyright owner or otherwise.