1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the Fenwick Furnishings website, services, and any related digital properties (collectively, the "Services") operated by Fenwick Furnishings ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
2. Use of the Website
You agree to use our website only for lawful purposes and in a way that does not infringe on the rights of others or restrict their use and enjoyment of the website. Prohibited uses include:
- Using the website in any way that violates applicable laws or regulations.
- Attempting to gain unauthorized access to any portion of the website, related systems, or networks.
- Using automated systems (bots, scrapers, etc.) to extract content or information without our written permission.
- Transmitting viruses, malware, or any code designed to disrupt the functionality of the website.
- Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
3. Products, Pricing, and Availability
We make every effort to display our products and pricing accurately, but we do not guarantee that product descriptions, photos, colors, dimensions, availability, or pricing are error-free. Pricing and availability are subject to change without notice.
Coupons, promotions, and discount offers are valid only during the stated promotional period, are subject to any restrictions stated in the offer (including minimum purchase amounts), cannot be combined with other offers unless explicitly stated, and may be modified or terminated at any time.
We reserve the right to limit quantities, refuse service, or cancel orders at our discretion, including in cases of suspected pricing errors or unauthorized use of promotional codes.
4. Orders and Payment
All orders are subject to acceptance by Fenwick Furnishings. We reserve the right to refuse or cancel any order at any time for reasons including but not limited to product unavailability, errors in product or pricing information, or suspected fraud.
Payment is due at the time of purchase or as otherwise agreed in writing. We accept the payment methods displayed at checkout. By providing payment information, you represent that you are authorized to use the payment method provided.
Delaware does not impose a state sales tax on retail purchases. Purchases made in our Delaware store are not subject to Delaware sales tax. However, purchasers who are residents of other states may be responsible for use tax in their home state.
5. Delivery and Returns
Delivery timeframes are estimates and not guarantees. We will make reasonable efforts to deliver within the estimated window but are not liable for delays caused by carriers, weather, supply chain issues, or other circumstances beyond our control.
Return and exchange policies vary by product category. Special-order, custom, and clearance items may not be eligible for return. Please ask about the return policy for your specific purchase at the time of sale, or contact us at the information below.
6. Intellectual Property
All content on the Fenwick Furnishings website — including text, graphics, logos, images, product photography, layouts, and software — is the property of Fenwick Furnishings or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any of our content without our prior written permission. The Fenwick Furnishings name, logo, and related marks are trademarks of Fenwick Furnishings.
7. User Content
If you submit reviews, comments, photos, or other content to us or to our social media channels, you grant Fenwick Furnishings a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display that content in connection with our business, including for marketing purposes.
You represent that any content you submit is your own original work, does not infringe on the rights of others, and is not unlawful, threatening, defamatory, obscene, or otherwise objectionable. We reserve the right to remove any content at our discretion.
8. Third-Party Links
Our website may contain links to third-party websites or services. We do not control and are not responsible for the content, privacy practices, or terms of those third-party sites. Your interactions with third-party sites are governed by their own terms and policies.
9. Disclaimers
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF INFORMATION. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Product warranties, where applicable, are provided directly by the manufacturer. Please refer to manufacturer documentation for warranty terms on individual products.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FENWICK FURNISHINGS, ITS OWNERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, WHETHER IN AN ACTION OF CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability is limited to the maximum extent permitted by law.
11. Indemnification
You agree to indemnify and hold harmless Fenwick Furnishings, its owners, employees, and affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of our Services, your violation of these Terms, or your violation of any rights of another party.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or your use of our Services shall be resolved in the state or federal courts located in Sussex County, Delaware, and you consent to the personal jurisdiction of those courts.
13. Changes to These Terms
We may revise these Terms from time to time. The most current version will always be posted on this page, with the "Last updated" date noted at the top. Material changes will be communicated where appropriate. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.
14. Contact Us
If you have questions about these Terms, please contact us:
Fenwick Furnishings
Fenwick Island, DE 19944
Phone: (302) 539-7841
Email: [email protected]