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Terms of Sale

Last Updated: May 25, 2021

    1. WHO WE ARE

    Throughout these Terms of Sale, “FORT”, “we”, “us”, and “our” refer to Simulated Wood Grain Design, LLC, a Missouri limited liability company d/b/a FORT, and its respective subsidiaries and affiliated companies, with headquarters located in St. Louis, Missouri. If you have any questions about these Terms of Sale, please contact us athello@getthefort.com.

    2. ACCEPTANCE OF TERMS OF SALE

    These terms and conditions (these “Terms”) apply to the purchase and sale of products through ofgetthefort.com (the “Website”). Please read these Terms carefully before purchasing products from FORT. By placing an order for products from this Website, you agree to and are bound by these and all other applicable terms, including ourTerms of Use andPrivacy Notice, incorporated herein by reference.

    These Terms of Sale are an integral part of the Terms of Use that apply generally to the use of our Website. By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given FORT your consent to allow any of your minor dependents to use this Website. If you do not agree to these Terms or the Privacy Notice, you must not purchase products from FORT.

    3. CHANGES TO TERMS OF SALE

    These Terms are subject to change by FORT without prior written notice at any time, in our sole discretion. All changes are effective immediately when we post them and apply to all orders for products placed on the Website thereafter. You can review the current version of these Terms at any time on this page. We encourage you to look for updates and changes to these Terms by checking the “Last Updated” date when you access our Website, as any changes are binding on you. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

     

    4. ORDER ACCEPTANCE AND CANCELLATION

    You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After we receive your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between FORT and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting Customer Service athello@getthefort.com.

     

    5. PRICES AND PAYMENT TERMS

      (a) Prices.All prices posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

      (b) Payment Terms.Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express, Discover, JCB, Diners Club, Elo, Shop Pay, Apple Pay and Google Pay for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

          6. SHIPMENTS; RISK OF LOSS

              (a) Shipping.We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

              (b) Risk of Loss.All items purchased through this Website are made pursuant to a shipment contract, which means that the risk of loss and title for such items passes to you upon our delivery to the carrier. We ask that you report any missing items or packages within 7 days of the delivery date so that we can address the issue with our carrier(s) within their required timelines.

              (c) Delivery Estimates.Shipping and delivery estimates are not guaranteed and are dependent upon a variety of factors, including weather and other disruptions at the shipping carrier. Also note that FORT may be required to verify identity and/or address information in the approval process, which may cause shipping delays. Shipping carriers are currently experiencing a much higher than normal volume of packages. Please note that delivery to some regions, particularly those hardest hit by COVID-19, may take longer than usual. We are not liable for any delays in shipments.

               

                7. RETURNS AND REFUNDS

                    (a) Return Policy. Except for any products designated on the Website as non-returnable, you may return any unused item with original packaging and contents (including hangtags, user instructions, manuals, warranty cards, and wrappings) within 30 days of purchase for a full refund, less shipping and handling costs. Any items that are returned showing signs of use or that otherwise do not meet our return requirements may not be accepted for a return. All returns are subject to a 15% restocking fee. 

                    (b) Defective, Damaged, or Incorrect Items.Please inspect your order upon receipt and notify us within 30 days of shipment if you receive a defective, damaged, or incorrect item. Please submit your order confirmation number, contact information, and photos of the product at issue tohello@getthefort.com so we can best assist. Do not dispose of the item or packaging. We will provide a prepaid return label for damaged, defective, or incorrect products.

                    (c) Return Authorizations. A return will only be accepted if the customer has contacted FORT’s customer service prior to sending the item(s) back. Please contacthello@getthefort.com to receive a Return Authorization. Return Authorizations are valid for 30 days from the date of issue.

                    (d) Shipping and Handling.You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. 

                    (e) Processing.Refunds are processed within approximately 5 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. Items that are received as a gift and returned will be credited to the original purchaser’s payment method.

                    (f) Refunds on Pre-Orders.If you would like a refund on an item that has been pre-ordered, please notify us athello@getthefort.com within 14 days of purchase. If the item has not yet shipped and the refund is approved, you will receive a refund of the full amount to your original payment method.

                    (g) Exceptions.We offer no refunds on any products designated on this Website as non-returnable, including, but not limited to, custom products (such as special orders or personalized items), Kickstarter Rewards, sale items, or gift cards.

                      8. LIMITED WARRANTY

                        THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

                        We warrant that during the Warranty Period (defined below), FORT products purchased directly from the Website will be free from defects in material and manufacturing under ordinary, indoor, residential use. Our responsibility for defective products is limited to repair, replacement, substitution, or refund as set forth in this warranty statement.

                          (a) Who May Use This Limited Warranty?This limited warranty extends only to the original purchaser of products from the Website. It does not extend to any subsequent or other owner or transferee of the product. All FORT warranties, including any implied warranties, are valid only for the period of time during which the FORT products are exclusively owned and used by the original purchaser.

                          (b) What Does This Limited Warranty Cover?During the Warranty Period (as defined below), this limited warranty covers defects in material and manufacturing in products purchased from the Website, for example, dye transfer, zipper failure, seam slippage, or misprints (in the case of patterned product).

                          (c) What Does This Limited Warranty Not Cover?This limited warranty does not cover the following:

                          • Minor defects that can be easily remedied by the consumer without damage to the product.
                          • Normal discoloration, off-gassing, compression, softening, or flattening of foam.
                          • Normal wrinkling, fading, pilling, shrinking, stretching, or colorfastness of fabric.
                          • Normal reduction in strength (demagnetization) of magnets over time. 
                          • Variation in fabric dye lot or foam texture between products from different orders.
                          • Minor differences between your product and printed illustrations or video or internet displays.
                          • Any FORT product purchased from an unauthorized retailer or obtained second-hand.
                          • Any FORT product sold “as-is”, “preconditioned”, “reconditioned”, “used”, “refurbished”, “returned”, “previously owned”, or any other similar wording indicating that the FORT product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
                          • Any FORT product used for non-residential purposes, including, but not limited to, rental, business, commercial, or institutional use.
                          • Any damages resulting from (i) normal wear and tear; (ii) physical abuse to the product, including, without limitation, burns, cuts, punctures, tears, stains, or other actions or events beyond our reasonable control; (iii) inadequate, improper, or unauthorized maintenance, cleaning, or repair; (iv) failure to follow product instructions; (v) outdoor use and/or exposure to sunlight; (vi) pets; (vii) any use for which the product was not designed; (viii) exposure to chemicals and/or other liquids; (ix) commercial usage, which includes rental, business, institutional, or any other non-residential use; (x) storage; (xi) transportation or delivery; (xii) use contrary to operating instructions; (xiii) modifications; or (xiv) combination or use with any products, materials, processes, systems, or other matter not provided or authorized in writing by FORT.

                          (d) What is the Period of Coverage?This limited warranty starts on the date of your purchase and lasts for one year (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

                          (e) What Are Your Remedies Under This Limited Warranty? During the Warranty Period, we will, in our sole discretion, either: (i) repair, replace, or substitute such product (or the defective part) free of charge; or (ii) refund the purchase price of such product. We will also pay for shipping and handling fees to return the repaired, replacement, or substitute product to you, if we elect to repair, replace, or substitute the defective product. FORT will not ship repaired, replacement, or substitute products outside the United States. Replacement or substitute parts are subject to availability of inventory and may be provided in a different color than the parts you originally purchased. For limited edition, discontinued, or out-of-stock products covered by this limited warranty, FORT guarantees only substitution of a product with equal or greater retail value and does not guarantee exact replacement of the same limited edition, discontinued, or out-of-stock item. Replacement or substitute parts may also be a different part that contains compatible features and functions.

                          (f) How Do You Obtain Warranty Service?To obtain warranty service, you must email our Customer Service Department at hello@getthefort.com during the Warranty Period to obtain a Return Authorization. You must submit your proof of purchase, order confirmation number, high-quality photos of the defect or damage, and your contact information. No warranty service will be provided without a Return Authorization.

                          (g) Disclaimer; Limitation on Liability.TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, FORT PRODUCTS ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

                            THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

                              (h) What Can You Do in Case of a Dispute With Us? The informal dispute resolution procedure detailed in Section 12 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.


                                9. PRIVACY

                                  We respect your privacy and are committed to protecting it. OurPrivacy Notice governs the processing of all personal data collected from you in connection with your purchase of products through the Website.

                                     

                                    10. FORCE MAJEURE

                                      No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of the customer to make payments to FORT hereunder), when and to the extent that such failure or delay is caused by or results from acts beyond the impacted party’s reasonable control, including, without limitation, acts of God; flood; fire; earthquake; explosion; governmental actions; war; invasion or hostilities, regardless of whether war is declared; terrorist threats or acts; riots or other civil unrest; national emergency, revolution; insurrection; epidemic; lockouts; strikes or other labor disputes, regardless of whether relating to our workforce; restraints or delays affecting carriers; inability to obtain or delay in obtaining supplies of adequate or suitable materials; telecommunication breakdown; power outage; or other similar events beyond the reasonable control of the impacted party.

                                         

                                        11. APPLICABLE LAW AND JURISDICTION

                                          All matters arising out of or relating to these Terms shall be governed by and construed in accordance with the internal laws of the State of Missouri, without giving effect to any choice or conflict of law provisions of any jurisdiction.


                                            12. DISPUTE RESOLUTION

                                              If the parties and their respective representatives cannot otherwise reach a mutually agreeable resolution to a dispute, then the parties agree to submit the dispute to one mutually agreed upon mediator for mediation in St. Louis, Missouri, and the parties shall share, equally, the cost of such mediation. If the dispute cannot be resolved by mediation, you agree to submit to the jurisdiction of the courts located in the State of Missouri for the resolution of all disputes arising from or related to your use of the Website, these Terms, or any other agreement between you and FORT. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

                                              You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Website, these Terms, or any other agreement between you and FORT must be filed within one year after such claim or cause of action arose; otherwise, such cause of action or claim is permanently barred.

                                               

                                                13. ASSIGNMENT

                                                  You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

                                                   

                                                    14. NO THIRD-PARTY BENEFICIARIES

                                                      These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

                                                       

                                                        15. WAIVER AND SEVERABILITY

                                                          No waiver by FORT of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FORT to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

                                                          If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

                                                           

                                                            16. ENTIRE AGREEMENT

                                                              Our order confirmation, these Terms, our Terms of Use, and our Privacy Notice will be deemed the final and integrated agreement between you and us on the matters contained in these Terms, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and FORT (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

                                                               

                                                                17. NOTICE

                                                                  FORT may provide any notice to you under these Terms by: (i) sending a message to the email address you provide; or (ii) by posting to the Website. Notices sent by email will be effective when FORT sends the email and notices posted to the Website will be effective upon posting. It is your responsibility to keep your email address current.


                                                                  To give FORT notice under these Terms, you must contact us by email athello@getthefort.com. FORT may update the email address for notices to FORT by posting a notice on the Website. Notices provided by email will be effective immediately.  


                                                                    18. WARRANTOR

                                                                      Simulated Wood Grain Design, LLC d/b/a FORT

                                                                      St. Louis, Missouri

                                                                      hello@getthefort.com

                                                                      (314) 282-5548



                                                                      © 2021 Simulated Wood Grain Design, LLC. All rights reserved.