Terms & Conditions
Terms & Conditions
PLEASE READ THE FOLLOWING Terms & Condition AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE
This Website is operated by Noble House Home Furnishings LLC.
Who We Are
As used in the Terms and on the Site, "www.noblehouseshop.com, Noble House, Site, We, Us" refers to Noble House Home Furnishings LLC, with headquarters located at 21325 Superior St, Chatsworth, CA 91311, USA. If you have any questions about these Terms, the Privacy Policy or the Site, you may contact us via the Customer Service information provided on the Site.
Noble House (“Noble House” “we” or “us”), owns and operate this Website. This document governs your relationship with www.Noble House.com (the “Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated, altered or modified by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
By using, browsing and/or accessing this website, including any purchases of goods and any purchases (collectively, “use”), you warrant that you are of the age of majority and agree to these Terms of Use. Use of this website is strictly voluntary. Please take a moment to review our Terms of Use. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with our Terms of Use and Privacy Policy, do not use this website.
THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND AN CLASS ACTION WAIVER (hereinafter referred to as the “Agreement to Binding Arbitration and Class Action Waiver.”) DETAILS ARE SET FORTH BELOW. To the fullest extent permitted by applicable law, any and all disputes or claims between us relating to or arising out of these Terms of Use, otherwise associated with us, shall be resolved exclusively through binding arbitration, subject to the exception below.
General Provisions
We make no representation or warranty that the products or services advertised or offered on this website will be available at all times, or that they will be available on the basis of any indicated terms or conditions. We attempt to be as accurate as possible. We cannot and do not warrant that the information available on the website is accurate, complete, reliable, current or error-free. We reserve the right to make changes in or to the information, or any part thereof, according to our sole judgment, without the requirement of giving any notice prior to or after making such changes to the information. Any failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce the same. If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use. In the event of a conflict between the Terms of Use and our other policies like our Privacy Policy or Returns and Exchanges policy, the Terms of Use shall govern, unless otherwise stated herein. These Terms of Use shall be governed by the laws of the State of California.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Links to Other Websites
This Website may contain links to other websites (the “Linked Sites”), which are not operated by the Website. The Website has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms & Condition and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at https://www.noblehouseshop.com/pages/privacy-policy. To access and use certain services available through the website, you may be required to register with us through a login/registration page and you must agree to be bound by any additional applicable terms and conditions. By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Noble House will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Information or Complaints for California Users
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to [email protected] or calling us at (818) 918-3129. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Copyright
Limitations on Use of Content
All rights reserved. Noble House owns the website and all content on the website is owned by Noble House or its respective owners. All content, data and material contained on this website are protected by one or more copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned or licensed by us and which are protected under the laws of the State of California, the United States, foreign jurisdictions and/or international treaties.
You are hereby granted a non-transferable, non-sublicenseable, limited, revocable, right and license to access and make use of our websites for your own exclusive benefit and solely for the purposes intended by our websites (“License”). No portion or element of this website or any of its content may be copied or retransmitted via any means without our permission. You may not remove, alter, or obscure any copyright, legal, or proprietary notices in or on any portion of our website. This website, its content and all related rights shall remain our exclusive property or the property of the licensors of such content unless otherwise expressly agreed in writing. Without our prior written authorization, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, repost or otherwise use the content of this website. Use of this website does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of these proprietary rights.
All Web site design, text, graphics, and the selection and arrangement thereof are Copyright 2009 – 2022 by Noble House. All rights reserved, or in the case of product material, all text and graphics are copyright by the original owner. Permission is granted to copy electronically and to print in hard copy portions of this web site for the sole purpose of using this web site as an information resource (or of ordering goods or services and using this site as a shopping resource). Any other use of materials on this Web site-including reproduction for purposes other than noted above, modification, distribution, or reproduction without the prior written permission of Noble House is strictly prohibited.
Trademarks
Noble House web sites and logos are trademarks and service marks of Noble House Home Furnishings LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions.
Non-Commercial Use: Products purchased through Noble House are designed and intended for personal, residential use only. Our products are not designed, tested, or intended for commercial use. Examples of commercial use include, but are not limited to, use in restaurants, waiting rooms, lobbies, conference centers, meeting rooms, places of worship, daycares, hotels, places of general accommodation; and spaces where the public are invited in for the benefit of the owner/lessee. Use of Noble House products within a commercial setting shall be considered misuse. By making a purchase you warrant that you are not utilizing Noble House products in a commercial setting. If products are misused, you shall indemnify and hold harmless Noble House for any damages that you or any third party may sustain from that misuse.
Limitation of online sales: www.noblehouseshop.com and our Trade Program is designed to support interior designers, landscape designers, home interior decorator firms, and brick and mortar stores. Purchases made through the trade program are not authorized or eligible for online reselling.
All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Noble House reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Prices and availability of products on the Website are subject to change without notice. Errors will be corrected when discovered, and Noble House reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
Colors
We have done our best to display as accurately as possible the colors of the products shown on this Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Errors
We attempt to be as accurate as possible and eliminate errors on the website; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.
Warranties and Disclaimers
Noble House intends for the information and data contained in the Website or provided via other channels, including but not limited to phone and email, to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided "AS IS." You expressly agree that your use of this site is at your sole risk. Noble House EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL NOBLE HOUSE - OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF NOBLE HOUSE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Website or other channels. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. The law of the State of California shall govern these terms and conditions, without reference to its choice of law rules. Noble House makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Applicable Law
This Agreement is made under and shall be governed by and interpreted in accordance with the laws of the State of California, Los Angeles County, without reference to its choice of law rules.
AGREEMENT TO MEDIATE AND BE SUBJECT TO BINDING ARBITRATION AND WAIVER OF CERTAIN RIGHTS
Mediation. To the fullest extent permitted by applicable law, any and all disputes or claims between us and or our affiliates relating to or arising out of these Terms of Use, or otherwise associated with us or our affiliates, shall first be attempted to be mediated, in good faith by both parties. A mediator shall be mutually agreed upon by both parties. Unless otherwise agreed upon through mediation, costs of mediation will be shared equally. Any issues or controversies that are unresolved through mediation shall be subject to arbitration.
Arbitration. To the fullest extent permitted by applicable law, any and all disputes or claims between us and or our affiliates relating to or arising out of these Terms of Use, or otherwise associated with us or our affiliates, not settled through mediation, shall be resolved exclusively through binding arbitration. “Dispute” should be interpreted as broadly as possible, and includes, but is not limited to, any dispute, action or other controversy between you and us concerning these Terms of Use, use of the site, any purchases of goods, and any purchases or use of gift cards, whether in contract, tort, warranty, statute or regulation or other legal or equitable basis.
All controversies, claims, counterclaims, or other disputes arising between you and Noble House Home Furnishings LLC, or you and a third-party agent of Noble House Home Furnishings LLC (a "Claim") will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Noble House Home Furnishings LLC. will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Noble House Home Furnishings LLC from seeking action by federal, state, or local government agencies. In addition, you and Noble House Home Furnishings retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
Neither you nor Noble House Home Furnishings LLC may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Noble House Home Furnishings LLC’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and Noble House Home Furnishings LLC each waive any right to a jury trial. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This Section of the Terms and Conditions will survive the termination of your relationship with Noble House Home Furnishings LLC.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR NOBLE HOUSE HOME FUNISHINGS LLC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Choice of Law. This agreement is governed by the laws of the State of California, without giving effect to any conflict of laws principles.
Limitation on Costs and Damages. In any and all actions against us, judgments and awards shall be limited to compensatory damages and limited to actual out-of-pocket costs incurred and shall not include compensatory pain and suffering damages, punitive, incidental, special, consequential or other damages (collectively, “Special Damages”). You also waive all rights to claim Special Damages and all rights to have such damages multiplied or increased, to the extent permitted by law. Awards shall not include attorney’s fees, unless explicitly required by statue.
Enforceability. If our agreement to arbitrate any and all disputes, except relating to a violation or threatened violation of our intellectual property rights, is found to be void or unenforceable, venue shall be in the State of California only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the State of California.
Survival after termination. This Agreement to Arbitrate and Waive Class Claims will survive after the Terms of Use terminate or your use of this website ends. Any cause of action or claim you may have with relating to or arising out of these Terms of Use, or otherwise associated with us, must be commenced within one year after the claim or cause of action arises or be barred forever, or to the fullest extent permissible by applicable law. Notwithstanding the other provisions in this Agreement to Arbitrate and Waive Class Claims, if we have a reasonable basis to believe that you have in any manner violated or threatened to violate any of our intellectual property rights, we may bring suit in state courts located in the State of California, or, if brought in a federal district court, United States District Court for the District of California, rather than through arbitration. You agree that you will submit to the jurisdiction of the state and federal courts located in State of California.
Web Chat
We may provide functionality on our website that allows you to chat with Noble House representatives via our website (“Web Chat”). Your Web Chat with Noble House shall not in any respect whatsoever modify any warranties, disclaimers, limitations or obligations of Noble House. The user bears full responsibility for all contents, phrases and entries submitted by the user in connection with the use of Web Chat.
Third Party Providers of Functionality on the Website
We may have functionality on our website that is provided, in whole or in part, by a third party service provider, including but not limited to Product Reviews and Web Chat. You can usually identify such third party functionality by the use of a trademark not owned by Noble House on or near the functionality. For such third party functionality, you will need to review the terms of use and privacy policy for that third party, which in some cases may require you to visit that party’s web site and locate the terms of use and privacy policy. Your review should include determining whether such terms and policy are acceptable to you. If they are not, do not use the associated functionality on our website.
Indemnification
You agree to indemnify, defend and hold us and our successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that we shall incur or suffer which relate to the website, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.
Your Account
If you use this website, 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. You agree that the information provided by you, including any personal information, during the registration process may be used by us for notice purposes, including by way of illustration only, we may email you at the email address provided by you to give you notice.
We may use a third party to manage or process purchases made by you on our website. You agree and acknowledge that services rendered by such a third party to us are provided on an independent contractor basis and that nothing herein shall be construed as creating a joint venture, partnership or for sale agency by and between the third party and us.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Noble House. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Noble House.
Severability
If any provision of this Agreement shall be found invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to reasonably effect the intent of the parties.
Use of this site constitutes acceptance of our Terms & Condition. Copyright 2009 - 2022 by Noble House. All rights reserved.
Last Updated: February 17, 2022