We respect your privacy. Therefore we never share or sell your personal information with any third parties. Any information collected through this site is intended to be used for this transaction only. Your personal information is secured via SSL (Secure Socket Layer) Technology.

TERMS OF USE

The www.westpointhome.com web site (the “Site”) is owned and operated by WestPoint Home, LLC (“WestPoint Home”). Welcome to the Site. We provide the Site to you subject to the following terms and conditions of use, which are subject to change without notice (the “Terms”). If you visit or shop at the Site, you accept these Terms, so please read them carefully. The material contained within the Site is periodically checked for accuracy and is presented without any warranties, either expressed or implied. WestPoint Home will assume no liability, and hereby disclaims any responsibility for, any errors or omissions in the Site’s content. WestPoint Home shall not be responsible for any damages incurred as a result of the content or use of the Site.

By using the material at the Site, all users agree to the Terms, which are subject to change without notice, as well as all applicable laws, and do so at their own risk. All changes to this legal notice will be posted to the Site in a timely manner. Materials contained within the Site are intended for U.S. residents. Any deliveries requested for addresses outside the U.S. are subject to refusal by WestPoint Home.

Occasionally, orders for an item exceeding our supply are received. If we are unable to fulfill your order, you will be notified and your credit card will not be charged.

Any questions regarding these legal notices may be directed to:

WestPoint Home
Attn: E-Commerce Dept
28 East 28th Street
New York, NY 10016
contactus@wphome.com

WELCOME TO WESTPOINT HOME

The following Terms your use of the Site and the purchase of products from WestPoint Home, the Site and smartphone apps. Your use of the Site constitutes your acceptance of the Terms provided below and your agreement to follow and be bound by these Terms. Your use of the Site also constitutes your agreement to follow and be bound by the terms of the WestPoint Home Privacy Policy. Either you or WestPoint Home may terminate this agreement at any time. You may terminate this agreement by immediately exiting the Site and neither accessing it again nor making purchases through it. WestPoint Home may terminate this agreement by refusing you access to the Site. WestPoint Home requests that you carefully read the Terms provided below and the WestPoint Home Privacy Policy before using the Site or purchasing products through the Site. If the Terms are not acceptable to you for any reason, you should exit the Site and neither access it again nor make purchases through it.

WESTPOINT HOME'S LICENSE TO YOU TO USE THE SITE

WestPoint Home grants you permission to view and use the Site and to print individual pages from the Site for your personal, non-commercial use.

Contents of the Site are intended solely for personal, non-commercial (other than purchases of products made through the Site) use by visitors to the Site. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the content of the Site for any commercial purpose, (b) decompile, reverse engineer or disassemble software materials, (c) remove any copyright notice or other proprietary notices from the content of the Site, (d) transfer the content of the Site to another person or (e) allow anyone else to copy any portion of the content of the Site.

As a condition to your use of the Site, you represent and warrant to WestPoint Home that you will not use the Site or any of the content of the Site for any immoral or unlawful purposes or any purposes prohibited by these Terms. Materials provided on the Site are provided as a service to WestPoint Home’s customers to be used for informational purposes only. WestPoint Home makes no representations about the suitability of such materials for any purpose.

CHANGES TO THE SITE

WestPoint Home is consistently working to improve your online shopping experience. WestPoint Home reserves the right to change, move or delete portions of, or add to, the Site from time to time without notice to you. WestPoint Home also reserves the right to change these Terms or the terms of the WestPoint Home Privacy Policy without providing you with notice of such changes. Your use of the Site following any such changes constitutes your agreement to follow and to be bound by such terms as changed. For that reason, WestPoint Home recommends that you read these Terms of Use each time you visit the Site.

PRODUCT INFORMATION AND ORDERING FROM THE SITE

Unless indicated otherwise, most products featured on the Site will be available in selected WestPoint Home stores while supplies last. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. When ordering from the Site, please follow all ordering instructions carefully.

It’s our goal to display the most accurate prices possible; however, if you notice an inconsistency, please consult the Site.

WestPoint Home has made a conscientious effort to display its products on the Site accurately so that you can get a good idea of the color, design, texture, sizes, look and configuration of the product featured. However, the detail and accuracy of the image of products that you see as a visitor to the Site will depend on a number of things, including your computer equipment and Internet connections. Consequently, WestPoint Home cannot and does not guarantee that the product images available to you on its website are accurate in every detail.

PROP 65 INFORMATION

As you may be aware, the California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”), requires the State of California to publish, and update yearly, a list of chemicals known to the State of California to cause cancer, or birth defects or other reproductive harm (“Listed Chemicals”). Under Proposition 65, companies must then provide a “clear and reasonable” warning before exposing any Californian to certain amounts of a Listed Chemical in the products they purchase, in their workplaces, or in the environment.

WestPoint Home recently learned that the vinyl packaging used on some of its products sold or offered for sale in California may contain phthalates, specifically DEHP and/or DINP, both of which are Listed Chemicals. As a result, and out of an abundance of caution, beginning February 15, 2017, all drop shipments from the westpointhome.com website to California will include a packing slip with the Prop 65 warning notice. Additionally, the westpointhome.com website will convey the warning notice to consumers purchasing goods online if the order contains a shipping address in California.

The warning notice will state the following:

WARNING: This product’s packaging contains a chemical known to the State of California to cause cancer and birth defects or other reproductive harm.

To ensure, California consumers receive the same warning for orders derived from customer-operated websites, WestPoint Home will begin revising its customers’ packing slips to include the Prop 65 warning notice. WestPoint Home customers are strongly encouraged to adopt an electronic warning notice for customer-operated websites as well.

WestPoint Home’s decision to provide Proposition 65 warnings does not mean that its products are unsafe; it means only that WestPoint Home is aware of or believes that one or more Listed Chemicals are present in its existing packaging. Indeed, Proposition 65 requires businesses to put a warning on products that contain a Listed Chemical even if the chemical is present in a quantity that poses no risk of cancer or of reproductive harm.

WestPoint Home prides itself on being proactive on all compliance matters to ensure that we are protecting the safety of the consumers buying our products, our customers and our associates. WestPoint Home is thus taking this action after thorough consideration of California statutes and enforcement strategies, and it represents WestPoint Home’s commitment to providing high quality products that meet consumer product safety requirements, including Proposition 65.

PURCHASING FROM THE SITE

Most of the products featured on the Site can be purchased by you through the Site. When ordering, please follow the instructions carefully. If you ever have a question about any order you have made from the Site, please contact WestPoint Home by email under “Contact Us” on our Customer Service page on the Site or by phone at 212-930-2000.

WestPoint Home will send you a confirmation email of any order you place on the Site; however, your receipt of an electronic or other form of order confirmation does not necessarily signify WestPoint Home's acceptance of your order, nor does it constitute confirmation of WestPoint Home's offer to sell. WestPoint Home reserves the right at any time after receipt of your order to accept or decline your order for any reason. WestPoint Home reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. WestPoint Home may require additional verifications or information before accepting your order. WestPoint Home is a seller to end user customers and does not accept orders from exporters, wholesalers, or other customers who intend to resell the products offered by WestPoint Home.

WestPoint Home will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the following states: AL, AR, FL, GA, KY, LA, MD, MO, MS, NC, NY, OK, PA, SC, TN, TX, VA, WI and WV. Each customer will be solely responsible for all sales taxes, use taxes or other taxes on orders shipped to any other state.

South Carolina residents who are age 85 or older are entitled to a 1% South Carolina state sales tax reduction if requested on items purchased for personal use. Upon customer request, WestPoint Home will accommodate the sales tax reduction after the completed transaction. Please telephone 212-930-2000 to request the sales tax reduction. Be prepared to reference your order number and provide proof of your age.

WESTPOINT HOME OWNS THE CONTENTS OF THE SITE

Unless otherwise noted, “WestPoint Home Proprietary Material” includes all information, trademarks, trade dress, software, content, advertisements, and other materials on the Site, except proprietary material contained in websites linked to the Site. WestPoint Home Proprietary Material is the exclusive property of WestPoint Home. WestPoint Home Proprietary Material includes, but is not limited to, the WestPoint Home®, WestPoint Home®, Grand Patrician®, Martex®, Luxor®, Vellux®, Modern Living®, Seduction®, Utica® and all other trademarks and service marks owned by WestPoint Home, images, illustrations, designs, icons, photographs, video clips and written information that appears on the Site. WestPoint Home Proprietary Material is protected by applicable worldwide intellectual property rights and, except as provided by these Terms, WestPoint Home grants no express or implied right to use any WestPoint Home Proprietary Material. For further information on Trademarks of WestPoint Home, please visit the “Trademark and Licensing” section of the Site.

INDEMNIFICATION BY YOU

By using the Site, you agree to indemnify, defend and hold WestPoint Home harmless from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from your use of the Site or the material provided therein and any breach by you of these Terms.

MISCELLANEOUS PROVISIONS

The Site is controlled and operated by WestPoint Home from its offices in New York, New York. This agreement will be construed in accordance with the laws of the state of New York without regard to any conflict of law provisions. Any dispute arising by virtue of your use of the Site or any material found thereon will be resolved exclusively by, and you hereby agree to the exclusive jurisdiction of, the state and federal courts in the State of New York.

PRIVACY & SECURITY

WestPoint Home is committed to ensuring your privacy is protected at all times during your use of the Site. Please take the time to read over our Privacy Policy carefully, so you have a complete understanding of how we collect, use and secure the personal information you provide to us. WestPoint Home and the Site will continue to grow and improve to better serve you; therefore, our Privacy Policy is subject to change and we encourage you to review our policy each time you visit the Site. Please also understand that by using the Site, you agree to the terms of our Privacy Policy in effect each time you visit, even if you do not return to this link. This Privacy Policy only applies to information collected online on the Site.

What personally identifiable information does WestPoint Home collect?
WestPoint Home collects personal information that you provide when using the Site. This personal information is gathered when you register on the Site or make a purchase on the Site. When you register on the Site, you provide us with your email address and a unique password. When you make a purchase on the Site, we collect your name, address, phone number, email address and other personal information necessary to fulfill, track and bill your order. In order to bill you for your purchase we also collect credit card information including your card type, credit card number, and expiration date. We also collect shipping address information that allows us to ship your order. This includes the name, address and phone number of the intended recipient.

When you register and checkout, we save your shipping and billing address information. You may elect to have us save your credit card information to expedite future purchases. If you so elect, we save your card type, credit card number, expiration date, and name on the card. You may checkout as a guest if you don’t want us to save your shipping, billing or credit card information.

You may change saved shipping or billing information at any time. Simply go to the My Account page, login with your email address and password, follow the appropriate links and edit or delete whatever personal information you wish.

There are a few other instances when WestPoint Home may collect other personal information from you. For example, if you contact our Customer Service department, we may store your email address or phone number in order to respond to your questions or requests for assistance. WestPoint Home reserves the right to keep a record of any communication between you and WestPoint Home.

How will my personal information be used?
Information collected on the Site, may be used in the following ways:

  • Ship merchandise that you purchase online
  • Register you as a member of the Site
  • Prevent fraud and bill your credit card for your purchases
  • Confirm and track your orders
  • Respond to your customer service inquiries
  • Provide promotional communication and other information to you, if you choose to receive them
  • Source and offer the products you want
  • Customize your shopping experience
  • Improve our website design
  • Comply with valid legal procedures, requirements, regulations or statutes

Is my personal information shared with third parties?
When you visit the Site and submit personal information, you are sharing that information with WestPoint Home-owned and controlled family of companies. We may provide your personal information to our agents, representatives and service providers for limited purposes, including but not limited to, billing customer orders, fulfilling customer orders, communicating to customers, providing customer service, administering opt-in contests or sweepstakes, offering targeted marketing communications to users that opted-in to receive such communications, providing a personalized shopping experience, and preventing online fraud. Except as stated herein, we do not sell, trade, rent or give out your personal information to third parties for their marketing purposes.

Finally, we may be required to disclose your personal information to third parties if necessary to comply with applicable laws, subpoenas or court orders.

How can I control the collection, usage and distribution of any personal information I provide to the Site?
WestPoint Home understands and values the importance of giving you, the customer, complete control over the collection, usage and distribution of your personal information.

If you are a registered customer on the Site, we will store the information you provide for a quick and easy checkout process every time you place an order with us. However, if you want to make a purchase, but do not want to register with the Site, you can do so without the Site having access to your information. During this “Checkout as a Guest” process, you will still be asked for your name, shipping address, billing address, phone number, email and credit card number. Once you have made your purchase, we will send you an email confirming your order and a shipping notification email that includes a tracking number for your reference. The information you provide during the Guest Checkout process will only be used to process your order and will not be accessible again to anyone at WestPoint Home or to you. Unless you elect to register for an account, you will have to re-enter your information each time you make a purchase.

You may update, correct or delete your personal information at any time by logging into your account and saving any changes you make. At WestPoint Home, we encourage you to keep any information you provide to us as current as possible, so we can ensure we are serving your needs to the best of our ability.

How do you protect the security of my personal information?

The security of your personal information is very important to WestPoint Home. The Site uses Secure Sockets Layer (SSL), the industry standard for Internet Commerce transaction security, to encrypt your credit card and personal information as it travels over the Internet to our secure servers. SSL technology encrypts, or encodes, your credit card and personal information, preventing an unauthorized party from accessing and viewing it. When you enter a secure portion of the Site, such as “Checkout” or “My Account”, your web browser should display a URL address with an “https” prefix and an image of a closed lock or a solid key should appear in the bottom bar of your browser window. In addition, we employ an outside third party company to periodically test the security of our servers and ensure that all credit card and personal information is properly safeguarded. As a result, you can shop with confidence on the Site.

Finally, your personal information is protected by the password you created when you signed up for an account at the Site. You may change this password anytime by accessing the My Account section of the Site. Please keep this password confidential. No representative of WestPoint Home, including our Customer Service representatives, will ever ask you for your password.

PRIVACY PROTECTION OF CHILDREN

At WestPoint Home, we want to make sure that everyone in your family is protected. WestPoint Home acknowledges and abides by all website requirements in accordance with The Children’s Online Privacy Protection Act that has been in effect since April 21, 2000. We do not knowingly collect information from children under the age of 13 at any time. The Site is a website for a general audience, not geared towards children. The only instance where we would collect information from a child under the age of 13 is if the child’s parent or guardian was given notice and the option to provide their personal information. For more information about this act, please visit the Federal Trade Commission’s website:

Facts for Consumers: How to Protect Kids' Privacy Online If this act changes in anyway, we will revise the Privacy Policy of the Site to comply with all requirements of the Children’s Online Privacy Protection Act.

LINKING TO THIRD PARTY WEB SITES

The Site may provide links to certain third party websites. This Privacy Policy applies only to activities conducted and personal information collected on the Site. When you provide information at one of the linked to third party sites, you are subject to that site's privacy policy. We encourage you to read that website's privacy policy before submitting any information if you have concerns about how information may be collected or used.

NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

As a resident of California, under California law, you have the right to ask WestPoint Home for a notice describing what personal information WestPoint Home may share with WestPoint Home-owned and controlled family of companies only for our direct marketing purposes. In this notice, we will outline exactly what categories of your personal information we may share, with whom and their contact information for your reference. Please send a written request to the following address:

WestPoint Home, LLC
Attn: eCommerce Department
28 East 28th Street
New York, New York, 10016
Please specify that you would like a copy of “Your WestPoint Home California Privacy Rights Notice.” Please allow 30 days for a response. Once you receive this document, you have the option to inform WestPoint Home that you no longer wish to have your personal information disclosed. If requested, WestPoint Home will make this change for you at no cost.

ACCESSIBILITY GUIDELINES

WestPoint Home is committed to making the on-line shopping experience enjoyable, easy, and accessible to individuals with disabilities. We are constantly making improvements to comply with the spirit of the Americans with Disabilities Act and the Web Content Accessibility Guidelines.

If any of the information on the Site website is not accessible to you due to a disability, please contact us. Please provide the location of the inaccessible information and the format you wish to have the information presented and we will be happy to send it to you, either via your email address or a separate mailing address you provide.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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.