Terms and Conditions
Welcome to ContempoSpace.com. This Site is provided by Ardin LLC (referred to throughout this Site as "ContempoSpace.com") as a service to our customers. Please review the following basic rules that govern your use and purchase via the ContempoSpace.com site. Please note that your use and purchase via the ContempoSpace.com site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms and Conditions, your use of this Site still binds you to these Terms and Conditions. ContempoSpace.com reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. For this reason, we recommend that you review these Terms and Conditions whenever you use this Site.
If you visit or shop with Contempo Space or at ContempoSpace.com, you accept these conditions.
Use of this Site
By accepting these Terms and Conditions through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. ContempoSpace.com does not knowingly collect personal information about children under the age of 13 without prior parental consent. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms and Conditions on their behalf. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of ContempoSpace.com or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.
Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply ContempoSpace.com's endorsement, sponsorship or recommendation of the third party, its information, products or services. ContempoSpace.com is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ContempoSpace.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from ContempoSpace.com on this Site and other than generally available third party web browsers (e.g., Microsoft Internet Explorer or Mozilla Firefox).
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
Pricing and Content Information
While ContempoSpace.com strives to provide accurate pricing information, pricing or typographical errors may occur. ContempoSpace.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, ContempoSpace.com shall have the right, at ContempoSpace.com's sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, ContempoSpace.com may, at ContempoSpace.com's discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Merchandise Content: ContempoSpace.com attempts to be accurate in its product descriptions. However, ContempoSpace.com does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by ContempoSpace.com, one of its affiliates or by third parties who have licensed their materials to ContempoSpace.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of ContempoSpace.com and is also protected by U.S. and international copyright laws.
ContempoSpace.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of ContempoSpace.com's or any third party's intellectual property rights.
The ContempoSpace.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Ardin LLC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
User Reviews, Feedback, Submissions
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to ContempoSpace.com on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") you grant ContempoSpace.com a royalty-free, irrevocable, transferable right and license to use the Comments however ContempoSpace.com desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.
ContempoSpace.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. ContempoSpace.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms and Conditions or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
ContempoSpace.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant ContempoSpace.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify ContempoSpace.com and its affiliates for all claims resulting from any Comments you submit. ContempoSpace.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Sizes and Dimensions
Dimensions may vary slightly from those listed on the Site. In order to accommodate these variations and make sure your purchase will fit during delivery, you must allow a 3 inch margin on all sides (width, depth and height). If your space will not accommodate the product along with the margin, then please contact one of our design consultants for a written proposal on a custom solution that can be more preciously tailored to your exact space and needs.
Colors and Finishes
Finishes may vary slightly from those portrayed on the Site due to differences in monitors and how they portray colors and therefore cannot guarantee that your monitor's display of any color will be accurate. Swatches may have been enlarged or reduced to show texture and are not shown at actual size. If you would like to match a specific finish to your space and verify the exact color and texture, then please contact one of our design consultants to either make an appointment to come visit our showroom or order a swatch to be sent to you.
Please note that all of our furniture unless specifically noted otherwise in writing contains the following standard specifications:
- Unfinished Tops
- Unfinished Backs
- Unfinished Underside
- Light Duty Drawer Frames, Bottoms and Tracks
If you require any changes to these standards, please inquire for a custom quote in writing to be provided.
We accept the following major debit and credit cards including Visa, Mastercard, Discover and American Express. In addition, we accept payment by check on all written proposals upon request. Please note that when paying by check, there will be a holding period of 5 business days from the time payment is received until commencing production on any orders. Due to the nature of our products and the fact that every item is made to order once placed, every order requires payment in advance in order to proceed. Please note that in addition, any order with a balance due will not be released until the balance is cleared in full prior to being released for delivery. All open balances are due when your order is ready for scheduling.
Shipping and Delivery
As all products are made to order once received, normal lead times range from 2-8 weeks from the time of order depending on the exact delivery location and that takes into account the manufacturing time as well as the routing time. For a better estimate on the expected lead time to your area, please view our shipping guide.
Please note that at the moment we do not currently service all areas in the Continental United States and there may be some areas that are outside our normal delivery area and cannot be shipped. In these situations, either you will be informed of such and referred to contact us for a delivery quote at checkout or if your area appeared to be serviced mistakenly, you will be contacted regarding a possible additional fee that may be incurred to perform the delivery and the lead times may be extended.
We cannot ship oversized items to rural routes, Hawaii and Alaska, APO/FPO addresses, or P.O. boxes.
We will use your email and/or phone numbers you provide during checkout to contact you prior to delivery to arrange a delivery date and time. (Available delivery times vary depending on the available route schedule).
Our In-Home Delivery service includes the following:
- A delivery date with a 4 hour time window normally between 8am to 6pm Monday to Friday
- Bringing items into your home into the room of your choice, up to 1 flight up from ground level (additional flights will be billed for separately – see Additional Fees below)
- Unpack and Connect items together unless specified and advised in advance in writing not to do so (please note that some items cannot be assembled without being connected and once connected, there may be visible holes if disassembled at a later time)
- Remove packing materials and return to factory for recycling
Our In-Home Delivery service DOES NOT include:
- Certificate of Insurance if required (will be billed for separately – see Additional Fees below)
- Specific delivery day or time frame requests (our trucks are routed geographically to travel the shortest distance between stops and therefore delivery time frame requests are considered but not always possible to meet)
- Waiting time beyond 15 minutes (additional time will be billed for separately – see Additional Fees below)
- Handling, Moving and/or Relocating personal articles from the delivery pathway and final delivery area
- Necessary precautions to protect your floors and floor coverings
- Moving, Mounting and/or Installing televisions and electronic equipment, cables and components or any other items
- Mounting or securing any items to your floors or walls
- Dismantling, removal and / or disassembly of any built in furniture and / or closets including any associated moldings and trim that may be required for set-up, all of which must be completed and ready prior to our delivery crews arrival (if this is not done when our crew arrives, redelivery charges may apply – see Additional Fees below)
Additional Fees not included in the Base Delivery Fee Charged:
- Certificate of Insurance fee of $30 per issuance (if your delivery is changed or postponed, you may incur an additional charge for reissue)
- Walk-Up fee of $5 per piece per flight above the first flight, exterior or interior from the roadway (please note that piece refers to the shipping units and not an actual item or quantity equivalent)
- Waiting fee of $50 per every additional 15 minute interval
- Specific premium off route delivery day or time frame requests and arrangements will be quoted on an individual basis if requested or required considering the additional fuel expense, waiting and travel time associated in making the delivery
- Redelivery fee of at least half the original delivery fee
- Refused delivery for an undamaged or non-defective item is the original delivery fee plus the actual return shipping costs and a 25% restocking charge of the total original purchase price
By purchasing an item with In-Home Delivery, you authorize ContempoSpace.com and/or the freight carrier to assess additional fees to your credit card as necessary according to the fee schedule herein.
ContempoSpace.com, our suppliers, and our carriers are not responsible for any damage, defects, or blemishes which you do not note on the delivery paperwork.
Refunds and Returns
Since we make all of our products to order once it is received, no cancellations, modifications or returns will be accepted beyond 24 hours from the date and time of order and must be done in writing by replying to the original email order confirmation you received or by filling out our contact form. If you did not receive an order confirmation e-mail subsequent to placing an order, please first ensure that you check your spam folder and then contact us during normal business hours Monday to Friday 8 am to 5 pm so we can assist you further.
You will be responsible for the original delivery fee plus the actual return shipping costs and a 25% restocking charge of the total original purchase price if we receive a return for any of the following reasons:
- You return an undamaged or non-defective item(s)
- You are not at home for a delivery scheduled
- You refuse a delivery without inspection
If there are any issues, please make sure to contact us right away of occurrence at 888.266.1280 as well as by email for further direction.
Notice to Site Users on Collection of Tax and User Waiver of Damages Owing to Error in Calculation of Tax
In states where we have no physical presence, we are not required to collect and remit sales tax for Site purchases. However, many states require that their residents file a sales or use tax return for items purchased on this Site. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. We collect and remit sales tax in the State of New Jersey. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may overcollect or undercollect your tax. In consideration of our allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless ContempoSpace.com, Ardin LLC., its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
You agree to defend, indemnify and hold harmless ContempoSpace.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms and Conditions.
You acknowledge that all furniture product purchases made from Contempo Space or ContempoSpace.com are governed by the Limited Lifetime Warranty which outlines your rights and our obligations.
These Terms and Conditions are effective unless and until terminated by either you or ContempoSpace.com. You may terminate these Terms and Conditions at any time, provided that you discontinue any further use of this Site. ContempoSpace.com also may terminate these Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in ContempoSpace.com's sole discretion you fail to comply with any term or provision of these Terms and Conditions. Upon any termination of these Terms and Conditions by either you or ContempoSpace.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise. The following sections shall survive any termination of these Terms and Conditions: "Comments," "Site Security," "Pricing and Content Information," "Copyrights and Trademarks," " User Reviews, Feedback and Submissions," "Indemnification," "Termination," "Disclaimer" "Limitation of Liability," "Privacy" and "General."
THIS SITE IS PROVIDED BY CONTEMPOSPACE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONTEMPOSPACE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CONTEMPOSPACE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CONTEMPOSPACE.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE CONTEMPOSPACE.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
MERCHANDISE CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. CONTEMPOSPACE.COM ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY CONTEMPOSPACE.COM
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL CONTEMPOSPACE.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE CONTEMPOSPACE.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CONTEMPOSPACE.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CONTEMPOSPACE.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
These Terms and Conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and Conditions shall remain in full force and effect. The failure of ContempoSpace.com to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit ContempoSpace.com's rights with respect to such breach or any subsequent breaches. These Terms and Conditions shall be governed by and construed under New Jersey law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms and Conditions or your use of this Site must be brought in the state or federal courts of New Jersey and you consent to the exclusive personal jurisdiction of such courts.
Changes to the ContempoSpace.com Terms and Conditions
The Terms and Conditions was last updated on February 8, 2013. Please check our Terms and Conditions periodically for changes.