TERMS & PRIVACY

Privacy Policy

What information do we collect?

• We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.
• When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
• We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.
• Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.

How do we use your information?

We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To allow us to better service you in responding to your customer service requests.
• To quickly process your transactions.
• To administer a contest, promotion, survey or other site feature.
• If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

How do we protect visitor information?

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.


Do we use "cookies"?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.


Do we disclose the information we collect to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include Burke Decor LLC. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.


How can you opt-out, remove or modify information you have provided to us?

To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.

To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.


Third Party Links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).


Changes to Our Policy
If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on November 23, 2021.


Questions and Feedback
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.


Online Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.


Your Consent
By using our site, you consent to our privacy policy.


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
 

PROMOTIONS
Site-wide promotions are offered on a limited time basis and are not honored past the expiration date. Site-wide promotions may not be applied to already discounted or bundled products that are already priced below regular retail price of the individual products collectively. Discounts cannot be "stacked" meaning not more than one discount code can be applied to any given order(s). Many products are excluded from all website sales and promotions. Said products are noted throughout the website on each product page to which this applies. Discounts cannot be applied retroactively.

SHIPPING & ORDERING
Orders may be placed online 24-hours a day, via email to sales@burkedecor.com or via our online chat. Please do not include your credit card information in any email. A Burke Decor representative will contact you via phone during our regular business hours for processing.

BD offers $7 flat rate shipping on all orders under $50 shipping to the 48 contiguous states. All orders over $50 enjoy FREE SHIPPING throughout the 48 contiguous states. Orders ship via UPS, USPS, FedEx or DHL with tracking information available or via USPS for P.O. Box destinations. Please note, tracking information is not always available for P.O. Box deliveries. If you have an APO address, please contact us in advance of making purchases to confirm the item(s) you are interested in can be shipped to your address via USPS.

For orders shipping to Alaska and Hawaii and ALL International destinations rates are calculated at checkout based on live rates from the United States Postal Service or UPS (method of shipping available varies by destination) and product weight information. Please note, tracking information is limited for USPS shipments and we cannot guarantee a delivery date. Cost of shipping to International destinations does not include the cost of taxes, tariffs or other customs fees. All taxes, tariffs and other customs fees are the responsibility of the receiver. Please note, furniture and items weighing over 40 lbs cannot be shipped to International destinations.

FREIGHT DELIVERIES
Items of certain shapes, larger sizes and weights are required to ship by a 3rd party freight carrier. When placing an order for an item that ships by freight you will be notified in advance of delivery. Please note, items shipping by freight for free are for curbside or driveway delivery only. We offer White Glove Delivery (inside delivery) on most items, please add this upgrade to your purchase as you check out or contact us before or after making your purchase for associated costs.

Customers are responsible for notifying BurkeDecor.com by phone or email within 24 hours of receiving a freight shipment if the item(s) are damaged or otherwise not in tact. Please open all crates/packaging as soon as possible. If the shipment appears damaged it is the client's responsibility to reject it as damaged.

ORDER PROCESSING
When an order is placed, it is instantly sent to our distribution warehouse for processing and shipping preparation. Unfortunately once an order is placed, we cannot alter or change it aside from address changes which can be accommodated within 48 hours of an order being placed for oversized items only. Small parcel address change requests cannot be guaranteed. Once your order has been placed in our shipping queue, we cannot make changes to the order.  Orders may be pulled and queued for shipping but may not yet have live tracking data. Live tracking is available for select carriers but may take as much as 72 hours to populate in 3rd party systems depending on the respective shipment. Freight tracking, particularly for White Glove LTL deliveries and oversized items may not indicate live tracking and the movement of these shipments is managed by our logistics team as the products move from origin to destination. 

Estimated shipping times are located on each product page. Please note that these are only estimated shipping times and are subject to availability of products and/or manufacturer's availability. If a product you have ordered is out of stock or on backorder, we will contact you with a new estimated shipment date. At that time, you can decide to either keep the order as is, work with our design team free of charge to to find suitable alternates, cancel the item, or cancel the entire order. Please note, placing an order secures placement in line for product allocation and if orders are cancelled and reinstated, the new estimated ship date may vary. Please work with our client services to determine the details of your specific items and availability. 

We make every effort to display the most current and accurate product availability information. We will notify you via email in the event that a product's availability date changes. If there is an extended lead time, we will alert you as soon as we are made aware and advise of the most current information available from the manufacturer and freight partners.  In the event that your preference is a cancellation, please note, cancellations much be requested in writing via  email to cancellations@burkedecor.com for further assistance. Our team will be able to check the current status, verify the order has not yet been dispatched and process your request accordingly.  Orders that have already been docked and are released for shipment cannot be cancelled. Please note, white glove shipments and other specialty shipments traveling via 3rd party freight carrier do not always show tracking at the time they are released for shipment and in some cases all aspects of delivery and the movement of these shipments is managed by our logistics team. 

Items that are unable to be cancelled prior to shipment are subject to our return policies and associated fees.

RETURNS

We hope that you love your items when they are delivered and our design team works to select high-quality and craftsmanship across our collection. 

If you are not completely satisfied with your purchase, please contact us to return or exchange your item(s) within 30 days of the delivery date, with proof of purchase. Note that returns or exchanges are not accepted for special orders, items that have been installed, mattresses and/or foundations no longer in their original packaging, wallpaper and other items as designated on the product pages as final sale. Other exclusions may apply. Contact us for details. 

RETURNING ORDERS FROM OUTSIDE THE 48 US CONTIGUOUS STATES
International orders and orders shipped to Hawaii or Alaska cannot be returned.

PREPARING YOUR RETURN
Burke Decor reserves the right to refuse returns or exchanges of items that are not in as-new condition due to damage in return transit, installation or misuse by the client. All items must be shipped back securely within their original, protective outer packaging/parcel, and internal protective material, or items must be repackaged with adequate, protective material and an outer box/parcel without exception. Damaged and unpackaged returns will not be accepted.

DAMAGED OR DEFECTIVE ITEMS
If your orders is delivered via Freight or LTL Truck Carrier, customers agree to inspect goods before accepting delivery.  If any item arrives damaged or is defective, customers must reject the delivery and notify client services within 48 hours.

If UPS, USPS or FEDEX deliveries arrive with evidence of damage, customers must notify client services within 3 business days of original delivery date.
Images of any damaged and/or defective items are required to be sent via email before return authorizations can be issued.

If your item is being delivered with an oversize or white glove carrier, please thoroughly inspect your item before signing for the delivery. Damages or defects or missing items must be noted on the receipt with the carrier. If the receipt from the carrier is signed and issues are not notated, Burke Decor is not responsible for any defects or damages found after delivery is completed.

If you have received item(s) that are incorrect and not as indicated on your purchase receipt, please notify client services team within 3 days to initiate a replacement request.

Any notifications or damage claims initiated outside of the above-referenced time frames will not be honored. We cannot process a claim or issue a return on lighting, rugs or any items that have been installed. 

LOST PARCELS
In the event that the package is not received or lost in transit, but shows delivered to the shipping address associated with the order, Burke Decor will not be liable for non-receipt of goods or replacement of goods. Burke Decor will assist in filing a trace and claim with the respective carrier to assist client in locating lost parcels. 

Parcels that are unclaimed or refused will be subject to applicable return and re-stocking fees and will not be considered cancelled.

We hope that you love your items when they are delivered and our design team works to select high-quality and craftsmanship across our collection. 

TAXES
Burke Decor is required by law to charge sales tax on items shipped to states within the United States. The amount is calculated at checkout based on tax rates by county.

METHODS OF PAYMENT
Burke Decor accepts VISA, MASTER CARD, AMERICAN EXPRESS and DISCOVER credit cards, Affirm and PayPal payments. You can safely enter your credit card number via our secure server, which encrypts all submitted information via SSL. Orders begin processing upon approval and verification of credit card or PayPal information. In any cases where items are "out of stock" or discontinued, we will contact customers immediately and issue a full refund or process an exchange. Refunds are made to the original method of payment used at the time of purchase. 

PRIVACY & CONDITIONS
Burke Decor's website has security measures in place to protect the loss, misuse and alteration of information. All orders are transmitted over secure Internet connections using SSL (Secure Sockets Layer) encryption technology. You can verify our SSL Certificate from the lower navigation menu from any page on our site. Burke Decor also utilizes Hacker Safe Scan Alert software, which provides daily vulnerability assessments for protection from hackers and third-party certification of our site's security. You can verify the site has been scanned daily by looking at the Hacker Safe icon on the lower navigation menu, on every page. Credit card information entered on the site is not saved or accessible for future use.

COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Burke Decor LLC. The collective work includes works that are licensed to Burke Decor LLC. Copyright 2007-16, Burke Decor LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Burke Decor LLC or purchasing Burke Decor LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Burke Decor LLC or to purchase Burke Decor LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Burke Decor LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

TRADEMARKS
All trademarks, service marks and trade names of Burke Decor LLC used in the site are trademarks or registered trademarks of Burke Decor LLC.

WARRANTY DISCLAIMER
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Burke Decor LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Burke Decor LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Burke Decor LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. These provisions are unenforceable or inapplicable within the State of New Jersey.

LIMITATION OF LIABILITY 
To the fullest extent permissible pursuant to applicable law, Burke Decor LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Burke Decor LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. These provisions are unenforceable or inapplicable within the State of New Jersey.

TYPOGRAPHICAL ERRORS
In the event that a Burke Decor LLC product is mistakenly listed at an incorrect price, Burke Decor LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Burke Decor LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Burke Decor LLC shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Burke Decor LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE
Burke Decor LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Burke Decor LLC.

MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Burke Decor LLC products) shall be in the state or federal courts located in Ohio. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Burke Decor LLC products) must be commenced within one (1) year after the claim or cause of action arises. Burke Decor LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Burke Decor LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

TEXT MESSAGE OPT-INS
You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more  These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages.  To the extent you voluntarily opt to have Text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages.For more information about text messages, see our Terms and Conditions.

If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional Text text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email textsupport@wunderkind.co.In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages.Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures

USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Burke Decor LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER
Burke Decor LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Burke Decor LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Burke Decor LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Burke Decor LLC in its sole discretion.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Burke Decor LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account, to the fullest extent permissible pursuant to applicable law. Applicable law may not allow an indemnification provision, so the above limitation or exclusion may not apply to you. These provisions are unenforceable or inapplicable within the State of New Jersey.

THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Burke Decor LLC may link to sites operated by third parties. However, even if the third party is affiliated with Burke Decor LLC, Burke Decor LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Burke Decor LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Burke Decor LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).