We are Pampa Furniture, Inc., a California corporation (“Pampa Furniture”, “Company”, “We”, “Our”, and “Us”). We manufacture and sell home furnishings and accent pieces. We operate the website www.pampafurniturela.com (the “Website”).
These Terms and Conditions will apply to any contract for the sale of Products by us to you (“Contract”). Please read these Terms and Conditions carefully and make sure that you understand them before ordering any Products from our Website.
- Understanding these Terms and Conditions
1.1 When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as “Defined Terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a Defined Term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and quotation marks).
1.2 When we refer to “you” or “your” we mean you, the person purchasing Product(s) from our Website.
1.3 We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions, and any Contract between you and us, are only available in the English language. We will not file copies of the Contract between you and us so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time, as explained in section 16 below). Please check the Website each time you order Product(s) to ensure that you understand the legal terms that will apply to the Contract at that time.
- Our Products
2.1 The images of the Products on our Website are for illustrative purposes only. The images and presentation of the Products may vary from that shown on images on our Website.
2.2 All Products shown on our Website are subject to availability. We will inform you by email as soon as possible if the Products you have ordered are not available and we will not process your order if made.
- Your Account
3.1 You do not have to register to explore our Website or to purchase Products from us.
3.2 When you purchase Products through our Website, you will be required to provide certain information including your name, phone number and email address. You will also be required to provide valid details of a credit or debit card which you are legally entitled to use. We reserve the right to request additional evidence or proof of billing information where we think this is necessary. You confirm that all information you provide to us at any time is true, accurate and complete.
- Purchasing Products
4.1 You may only purchase Products from our Website if you are at least 18 years old.
4.2 You may not purchase Products from our Website for business and/or resale purposes.
4.3 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order. In particular, please check the names and quantities of each of the Products in your order and your shipping address.
4.4 By clicking “Submit Order” you are committing to purchase and pay for the Products in your order. This is an offer from you to enter into a Contract with us to purchase the Products in your order. The Contract is subject to these Terms and Conditions. By placing an order, you confirm that you accept these Terms and Conditions.
4.5 After you place an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted.
4.6 We will send you a further email (“Shipping Confirmation”) when the products in your order have been shipped.
4.7 Only the Products listed in the Shipping Confirmation are included in the Contract between you and us. If there are any errors in your Order Confirmation, please contact us as soon as possible via email here.
4.8 If we are unable to supply you with a Product (because, for example, that Product is not in stock or is no longer available) we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
- Product Prices
5.1 The prices of the Products will be as quoted on our Website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made a pricing error. We will not process your order until we have received your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled.
5.2 The prices of the Products may change from time to time, but changes will not affect any order that we have confirmed with a Shipping Confirmation.
- Methods of Payment
6.1 You can pay for Products using a debit card, credit card, PayPal and Affirm. We accept the following cards: American Express, Visa, MasterCard and Discover.
6.2 By ordering Products from us through our Website, you authorize us to perform credit and anti-fraud checks on you and the payment method that you have provided. These checks may be required, amongst other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and/or to authorize individual purchases. You authorize us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and accept that such parties may keep a record of that information. You also agree that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.
6.3 If the amount due from you for your order cannot be debited or charged, for whatever reason, your order will be cancelled (we will notify you of this using the contact details that you provided during the order process).
6.4 Your debit card or credit card will not be charged until we ship your order (at which point we take payment for the Products and all applicable delivery charges in full).
7.1 Your order will be fulfilled by the estimated delivery date set out in the Shipping Confirmation, unless there is an event outside of our control (please see section 11 below for more information about these events). If we are unable to meet the estimated delivery date because of an event outside of our control, we will contact you with a revised estimated delivery date.
7.2 Delivery will be completed when we deliver the Products to the address you gave us (so please make sure that the delivery details you provide are accurate as we cannot be responsible for any delayed or failed deliveries as a result of your error).
- Sales only for Domestic and Private Use
8.1 We only supply Products (including any free samples provided with your order) for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Your Personal Information
- Events Outside of Our Control
10.1 In rare circumstances, events outside of our reasonable control may delay or prevent us from performing our obligations under the Contract. If these events occur, we will try to perform our obligations to you as soon as we can. We cannot, however, accept liability for any losses caused to you as a result of any delay or failure by us to perform our obligations where such delay or failure is due to an event which is outside of our reasonable control.
10.2 If an event outside of our reasonable control takes place that affects the performance of our obligations under the Contract:
10.2.1 we will contact you as soon as reasonably possible to notify you; and
10.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control. Where the event outside of our reasonable control affects delivery of Products to you, we will arrange a new delivery date with you after the event outside of our reasonable control is over.
- General Provisions
11.1 We may transfer our rights and obligations under the Contract to another organization, but this will not affect your rights or our prior obligations under these Terms and Conditions.
11.2 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.3 Our failure to enforce any provisions of these Terms and Conditions or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of these Terms and Conditions or to act with respect to similar breaches.
11.4 This website is designed for sales to be shipped to consumers in the United States. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- Integration and Severability.
- Location and Governing.
These Terms and Conditions are governed by the laws of the State of California. You and we both agree that, subject to the arbitration provisions of Section 15, the courts located in the City and County of Los Angeles, State of California will have exclusive jurisdiction of any disputes.
- PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
14.1 Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
14.2.1Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com;
14.2.2Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: your local JAMS office or to JAMS, 1925 Century Park East Suite 1400, Los Angeles, CA 90067; and
14.2.3 Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to Los Angeles, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in the City and County of Los Angeles, state of California under California law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
14.4 NO CLASS ACTIONS. You and Company may only resolve disputes between you and Company on an individual basis and neither you nor Company may bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed against the other party.
14.5 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
- Changes to These Terms and Conditions
15.1 We may make changes to these Terms and Conditions from time to time (if, for example, we have made changes to how we accept payment from you, or if there is a change in the law that means we need to change these Terms and Conditions).
15.2 Every time you order Products from us, the Terms and Conditions in force at that time will apply to the Contract between you and us. The current version of these Terms and Conditions will be available on our Website. Please check the Terms and Conditions on our Website each time that you order Products from us to ensure that you understand the Terms and Conditions that apply at the time.
- Contacting Us
16.1 Should you have a complaint pertaining to any aspect of your ordering experience or Products ordered, please contact our client relations team via email here. We will make every effort to resolve the issue to your satisfaction promptly.
16.2 If you have any questions about the Website or this Terms and Conditions of Sale, please contact us via email here.
Thank you for visiting our Website.
This Terms and Conditions of Sale was last updated July 14, 2021. Any changes to this Terms and Conditions of Sale will be posted on this page. We reserve the right to modify these Terms and Conditions at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE WEBSITE.