Terms of website use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website to browse, place orders, or request brochures and other information from The Rug Company via www.therugcompany.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Information about us

www.therugcompany.com is a site operated by The Rug Company, Limited ("The Rug Company", "we", or "us"). Our US Headquarters address is 88 Wooster Street, New York, 10012.

You may contact us at this address or by email to USenquiries@therugcompany.com or phone us on +1 212 274 0444. Telephone calls to and from The Rug Company may be recorded or monitored as part of our efforts to further improve service to our customers.

Unless stated otherwise, all calls from within the USA to The Rug Company using the number above are charged at your standard rate from a landline. International calls, and charges from mobile providers and other networks may be higher.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our Acceptable Use Policy, which is detailed in its own section later on in these pages.

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial or other purposes without obtaining a written licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. In addition, if you use any part of  the materials on our site without obtaining written a written licence to do so from us or our licensors, you may have committed an act or acts of  copyright infringement, among other wrongful acts.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with our Security and Privacy Policy By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

We may contact you for marketing purposes by email, mail or telephone with relevant offers from The Rug Company. We may also contact you for market research purposes. You can opt out of some or all communication at any time by telephoning us on +1 212 274 0444 or by writing to the Data Privacy Manager at Head Office or via USdataprotection@therugcompany.com, quoting Security and Privacy Enquiry.

Uploading material to our site

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

Customer Reviews and Stories

These terms of use govern your conduct associated with any Customer Reviews and Stories service provided on our websites or social media providers. To the extent of any conflict between our Security and Privacy Policy and these terms of use will take precedence in respect of such services.

By submitting any content to The Rug Company, you represent and warrant that:

  • You are the sole author and have not copied the content from any third party;
  • All content that you post is accurate;
  • Use of the content you supply does not violate these terms of use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • That is known by you to be false, inaccurate or misleading;
  • That infringes any third party's copyright, trademark, or privacy;
  • That is, or may reasonably be considered to be, defamatory, racially or religiously biased or offensive, contains obscene language, or is threatening or harassing to any individual, partnership or corporation;
  • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

For any content that you submit, you grant The Rug Company a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at our sole discretion. We reserve the right to change, condense or delete any content on our websites that we deem, at our sole discretion, to violate the content guidelines or any other provision of these terms of use. We do not guarantee that you will have any recourse through The Rug Company to edit or delete any content you have submitted.

Ratings and written comments are generally posted within two to four business days. However, we reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not The Rug Company, is responsible for the contents of your submission.

None of the content that you submit shall be subject to any obligation of confidence on the part of The Rug Company, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that The Rug Company and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Fraud and Abuse Act 1996 (18 U.S.C. 1030). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of material on our site other than that set out above, please address your request to USenquiries@therugcompany.com.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Transactions concluded through our site

Contracts for the supply of goods or services formed through our site or as a result of visits made by you are governed by our Terms and Conditions of Sale.

Jurisdiction and applicable law

BY ACCESSING OUR SITE, YOU AGREE:

 (i) THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THE  RIGHTS AND DUTIES OF THE PARTIES TO EACH OTHER, INCLUDING THE  TERMS OF USE AND CONDITIONS (INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS) SHALL BE GOVERNED BY AND CONSTRUED, ENFORCED AND PERFORMED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW;

 (ii) THAT YOU WAIVE YOUR RIGHT TO ANY JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING UNDER OR IN CONNECTION WITH THE MATTERS CONTAINED ON THIS WEBSITE; and

(iii) to irrevocably (a) submit to the jurisdiction of any state or federal court sitting in New York, New York over any action or proceeding arising out of or relating to the matters contained herein, (b) agree that all claims in respect to such action or proceeding may be heard and determined in such state or federal court and (c) that notwithstanding the foregoing

The New York courts in Manhattan will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with thim or their subject matter or formation (including non contractual disputes or claims) shall be governed by and construed with the law of the State of New York.

Trade marks

The Rug Company and The Rug Company Handmade are internationally registered trade marks of The Rug Company Limited.

Variations

We may revise these terms of use at any time by amending this page. We may revise these terms of use at any time by amending this page and you need to be aware of this as these terms of use are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

These Terms and Conditions were updated on 19th September 2012.

Your concerns

If you have any concerns about material which appears on our site, please contact USenquiries@therugcompany.com.

Acceptable Use Policy

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

  • Live chat
  • Bulletin boards.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the USA and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the Acceptable Use Policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Security and Privacy Policy

Policy

The Rug Company is committed to complying with the FTC Fair Information Practice Principles and The California Online Privacy Protection Act of 2003, and we have published this policy to help you understand how and why we collect information from you, to whom such information is disclosed and what your rights are. If we make changes to this policy we will notify you by updating this statement on our website. You can access our Website home pages and browse our website without disclosing your personal data.

However, when you register with us in order to save a wish list, place an order, or request brochures or other information, you may be asked to provide certain information about yourself.

What information we collect and how do we obtain it 

When you register with us, go all or part-way through the process of placing an order, or request information, you will be asked to provide certain information such as your name, address, details of your credit or debit card (only if you are placing an order and paying by credit or debit card and only for the purpose of passing this to a payment processing merchant - we do not retain your credit or debit card details), telephone number and email address so that we can process and fulfill your information request or order, notify you of your order status and inform you of special offers and promotions.

How we use your information 

We use the information that we collect about you to:

  • Process your order.
  • Manage your account.
  • Administer this website.
  • Monitor customer traffic patterns and site usage to help us develop and improve the design and layout of the site.
  • Notify you about enhancements to our services, such as changes to the website, new services and special offers that may be of interest. We may contact you by mail, telephone or email.
  • Contact you by email via a third party service provider in the event that you partly complete an order online but then decide not to complete the ordering process.
  • Allow you to participate in any interactive features of our service, when you choose so to do

Keeping in touch with you

We want to keep you up to date with information about news, new products and special offers.

If you decide you do not want us to contact you, you can request that we stop using your information and that we stop mailing information to you by writing to the Data Protection Manager at Head Office or via USdataprotection@therugcompany.com, quoting Security and Privacy Enquiry.

Please note that although we will act quickly, you may continue to receive mailings which are already on their way to you for a period of up to thirty days while your request is being dealt with.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the United States of America (USA). It may also be processed by staff operating outside the USA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Disclosure of your information

We may disclose your personal information to any member of The Rug Company Group, which means any of our subsidiaries or other affiliates.

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the seller or buyer of such business or assets;
  • If The Rug Company, Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
    • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use as set out in our Terms of Website Use and other agreements; or to protect the rights, property, or safety of The Rug Company, Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Cookies and IP addresses

We may collect information about your computer or mobile device, including where available your IP address, operating system, browser type, version and the website that you visited prior to this site, for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

  • To estimate our audience size and usage pattern;
  • To store information about your preferences, and so allow us to customise our site according to your individual interests;
  • To speed up your searches;
  • To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Our online ordering system uses a cookie to record a unique reference on your computer so that we can keep track of your order as you use the system. This cookie, which is saved to your system, is only valid for a single visit and each new visit will result in a new cookie overwriting any that were generated on previous visits to our site. If your internet browser is set to reject cookies or if your network firewall won't allow them then unfortunately you will not be able to use any online shopping areas of our website. Please refer to your internet browser help file to see how to enable cookies on your computer.  

The California Online Privacy Protection Act of 2003 and FTC Fair Information Practice Principles

You can ask us about the data we hold about you, and ask us not to process your personal data for marketing purposes at any time.

We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise the right at any time by contacting us via by telephoning us on +1 212 274 0444 or by writing to the Data Privacy Manager at Head Office or via USdataprotection@therugcompany.com, quoting Security and Privacy Enquiry.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

You have a right to access the personal data that we hold on you. If you would like to see a copy, please send a written request to the Data Privacy Manager at Head Office, quoting Security and Privacy Enquiry. If you think the information we hold on you is incorrect please contact the Data Protection Manager at Head Office or via USdataprotection@therugcompany.com, quoting Security and Privacy Enquiry.

Monitoring Communications

As part of our efforts to make further improvements to the service we provide to our customers, telephone calls to and from us may be recorded or monitored and used for training purposes. To protect the operation of our computer systems we monitor incoming and outgoing email.

Contact Us

If you have any questions relating to this policy or the use by us of personal data please write to the Data Privacy Manager at Head Office or via USdataprotection@therugcompany.com, quoting Security and Privacy Enquiry.

Changes to the Security and Privacy Policy

We keep our Security and Privacy Policy under regular review and we will place any updates in this webpage. This privacy policy was last updated on 19th September 2012.

Head Office Contact Details

Data Privacy Manager
The Rug Company, Limited

88 Wooster Street

New York

NY 10012

© Copyright 2011 The Rug Company Limited, 119B Portland Road, London, W11 4LN