Terms of Use

Date of Last Revision: December 11, 2008

Welcome to VerTerra Dinnerware online! This website is operated by VerTerra, Ltd.
Your Use of This Website is Governed by These Terms and Conditions

Please take a few minutes to review these Terms of Use. By accessing or using our web site at www.verterra.com, you signify that you have read, understand and agree to be bound by these Terms of Use, whether or not you are a registered customer with VerTerra. If you do not agree with any part of the Terms of Use, do not use the VerTerra.com website.

These Terms and Conditions May Change

VerTerra.com reserves the right to update or modify the Terms of Use at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review the Terms of Use whenever you use this website.

Our Site

Everything on VerTerra.com, including images, drawings, sound, graphics, and text, is protected by worldwide copyright as well as other proprietary laws and treaty provisions. VerTerra.com grants you a limited license to access and personally use this site, but you have no rights to download (except where specifically invited), duplicate, sell, or modify any portion of this site without express written permission from VerTerra.com. You agree not to access this site by means other than that provided by VerTerra.com.

Submissions

We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions, photos or other communications (collectively, "Comments") sent to VerTerra.com shall be and remain the exclusive property of VerTerra.com. Your submission of any such Comments shall constitute an assignment to VerTerra.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. VerTerra.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Logging In

Anyone using the web can enter VerTerra.com. Should you decide to place an order, you have the option to create an account. During login, a user is required to give contact information (such as name and email address). Logging in involves creating a username and password, which allows access to a personal account with purchase history and other information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Correcting/Updating Personal Information

If your personally identifiable information changes (such as your ZIP code), or if you no longer desire our services, we provide a way to correct, update, or remove that personal data. This can be done online by making corrections to the customer account, by emailing customercare@verterra.com, or by notifying us by mail at:

VerTerra Dinnerware

47-00 33rd Street
Long Island City, NY 11101
tel 718-383-3333

We reserve the right to terminate your account and restrict your use of this site if we have reason to believe you have violated any of these terms of use, including providing us with false information.

Shopping Online with Us

VerTerra reserves the right to refuse service or cancel orders at its sole discretion.

Prices

Prices are subject to change without notice. If a product is listed at an incorrect price, VerTerra.com reserves the right to refuse, cancel or limit any order placed at the incorrect price.

Taxes

VerTerra.com will charge sales tax for purchases shipped to any location within the State of New York. The rate of sales tax imposed will be that of the State of New York, or 8.38%.

User Requirements

In placing an order, you warrant that you are over 18 years of age, and that you are providing VerTerra.com with accurate, true, and complete information, and that you have the authority to place the order. If you are under 18, you may use VerTerra.com only with involvement of a parent or guardian.

Necessary Information

On our order forms, we request additional information from you: contact information (such as name, billing and shipping addresses) and financial information (credit card number, expiration date, etc.). This information is used for billing purposes and to fill your order. If we have trouble processing your order, we use this information to get in touch with you.

Privacy & Security

This website takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and off-line.

For an explanation of VerTerra practices and policies related to the collection, use and storage of our online guests’ information, please read our Privacy Statement.

Shipping

Unless otherwise specified, VerTerra.com will use its best efforts to ship all merchandise within 2 business days of purchase. Delivery date estimates are good faith estimates only. The risk of loss and title for all merchandise purchased passes to the customer upon our delivery of the merchandise to the carrier.

Any duty or customs imposed on international shipments are the sole responsibility of the recipient. VerTerra.com does not ship purchases immediately to registrants but instead will hold purchases in a credit account pending registrants' final confirmation of purchase decisions. At their direction, we may ship accumulated purchases in aggregated shipments.

Returns

Merchandise purchased from VerTerra.com may be returned within 10 days of purchase and only if accompanied by the original receipt and in original condition and in original packaging. Refunds are not issued except in the case of defective merchandise we are unable to replace. Returns must be authorized in advance by phone or email.

Returns must be properly packed and sent via USPS, UPS, FedEx, or DHL at customer's expense to:

VerTerra Returns
47-00 33rd Street
Long Island City, NY 11101

tel 718-383-3333

Please insure return packages for their full value and retain tracking information. VerTerra cannot assume responsibility for return packages not received.

Indemnification

You agree to indemnify and hold harmless VerTerra.com, VerTerra, Ltd., and its officers, directors, employees, and suppliers, from any claim, demand, action or damage, including reasonable attorneys' fees, made or incurred by any third party arising out of or related to your use of this site.

Choice of Law

By visiting VerTerra.com you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these terms of use and any dispute of any sort that might arise between you and VerTerra.com or VerTerra, Ltd. Any disputes arising between you and VerTerra, Ltd. shall be settled and determined in Long Island City, New York, in any court having jurisdiction thereof. By visiting VerTerra.com, you irrevocably submit to the jurisdiction of any of said courts for purposes of resolving such disputes and waive any claims or defense of inconvenient forum or lack of personal jurisdiction.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VERTERRA.COM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VERTERRA.COM DISCLAIMS ALL WARRANTIES WITH RESPECT TO VERTERRA.COM, THE INFORMATION AND SERVICES PROVIDED ON THESE SITES AND THE MERCHANDISE OFFERED AND SOLD AT THESE SITES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE, AVAILABILITY, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE.
VERTERRA.COM DOESN'T WARRANT THAT THESE SITES, THEIR SERVERS OR EMAIL SENT FROM THESE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VERTERRA.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.