TERMS OF USE
This website "Site" blackearthlinen.com is owned and operated by Black Earth Linen LLC, also referred to by "us", "we", "our" throughout this document. By accessing and/or purchasing throughout this Site, you are agreeing to be bound by our Terms of Use and Privacy Policy (collectively referred to as "Terms" or "Agreement") as outlined within and through links on this page. In addition you agree to abide by all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
If you do not agree with any of these terms, you are prohibited from using or accessing this Site.
Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you.
If for any reason you need to contact us, you may do so by email at customercare@blackearthlinen.com or by mailing a letter to the following address:
Black Earth Linen LLC
P.O. Box 183
Mazomanie, WI 53560
Site Terms of Use Modifications
Black Earth Linen LLC may revise these terms of use for its Site at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
We may, without prior notice, change our products or the content of our Site. We may permanently or temporarily terminate or suspend access to our products or services without notice and liability for any reason, or for no reason.
Who can use our Site
In order to use or view our Site and/or purchase our products, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website if doing so is prohibited in your country or under any law or regulation applicable to you.
Black Earth Linen LLC does not knowingly collect or use information from persons under 18 years of age. All registrations, purchases, and requests for information by anyone under 18 must be submitted by the parent or guardian.
Intellectual Property
The materials contained in this Site are protected by applicable copyright and trade mark law. These Terms apply to all users of the Site, including but not limited to customers, contributors, administrators, and users who are browsing the Site. As a visitor to our Site you agree not to sell, license, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, create derivative works or exploit in any way any content or the Site.
Right to suspend or cancel user accounts
We may permanently or temporarily terminate or suspend your access to purchase our products or use our Site without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to delete your account or purchase history at any time by sending a request to customercare@blackearthlinen.com.
Purchases
When buying an item from Black Earth Linen LLC, you agree that you are responsible for reading the full item listing before making a commitment to buy it and you enter into a legally binding contract to purchase an item when you commit to buy an item and when you complete the check-out payment process.
The prices we charge for our products are listed on the Site. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.
Promotional Emails and Email Subscriptions
By subscribing to our mailing list you agree to receive promotional messages and materials from us, by mail, email or any other contact form you may provide us with, including your phone number for calls or text messages. If you don't want to receive such promotional materials or notices – please just notify us at any time by emailing us at customercare@blackearthlinen.com.
Refund, Return and Exchange Policy
We gladly accept returns within the first 30 business days from original ship date for unused and unwashed merchandise. We are not responsible for items lost in transit when making a return or exchange, so we recommend insuring and tracking all items you return. Purchaser is responsible for return postage.
To return an item, please ship it to the following address in the original packaging using USPS:
Black Earth Linen Returns
P.O. Box 183
Mazomanie, WI 53560
If you have any questions regarding returns, please email us at returns@blackearthlinen.com or call our customer service at (608) 478-0155 during business hours to make a return.
Your payment will be returned via the original payment method within 14 days of receiving the return.
Errors, Omissions, and Accuracy of Information
The content appearing on Black Earth Linen’s Site could include technical, typographical, or photographic errors. Reliance on the material on this site is at your own risk. Black Earth Linen LLC does warrant that any of the materials on its web site are accurate, complete, or current, and you agree that it is your responsibility to monitor changes to our Site and shop at your own risk. Black Earth Linen LLC reserves the right to make changes and additions to our Site and products at any time without prior approval or notification, however Black Earth Linen LLC does not make any commitment to update the materials. It is the responsibility of the user of our Site to review the Terms for any changes. Accessing the Site constitutes that you agree to accept all changes to our Agreement.
Product Information
The prices displayed on the Site are quoted in U.S. Dollars. These products may have limited quantities. We are not responsible for inability able to fill an order due to stock being unavailable. Any payment received for out of stock items will be refunded in a timely fashion.
Colors
We make every effort to display the colors of our products that appear on the Site as accurately as possible, but we cannot guarantee that your computer monitor's display of any color will be accurate.
Links and Third Parties
Black Earth Linen LLC is not responsible for the content of any internet site linked from our Site. We do not imply endorsement of any such linked site or its contents. Use of any such linked web site is at the user's own risk. We are not liable for any third-party information, products, and services and any questions regarding third parties should be directed to the third party.
Disclaimer of Warranties
Black Earth Linen LLC does not warrant that the materials, operations, content, information, and products on our Site and provides them “as is”. We make no expressed or implied warranties of our products. Black Earth Linen LLC does not warrant or make any representations concerning the accuracy or reliability to the user of the materials on its Site or linked web sites. Your use of the Site is at your sole risk, and you agree to assume full responsibility for any costs associated with your use of the Site. Black Earth Linen LLC shall not be liable for any damages of any kind related to your use of the Sites.
Black Earth Linen LLC does not warrant that this Site, their servers or email sent from this Site are free of viruses or other harmful components.
Limitations of Liability
To the maximum extent permitted by applicable law, in no event shall Black Earth Linen LLC be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Black Earth Linen LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Indemnification
You agree to indemnify and hold Black Earth Linen LLC harmless from any demands, loss, liability, claims or expenses, including attorneys’ fees, made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Warranties and responsibilities for products
Our products are not covered under any implied or expressed warranties. It is our right and sole discretion to determine how we will handle defective products.
If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
Choice Of Law and Dispute Resolution
By visiting Black Earth Linen LLC’s Site you agree that the laws of the State of Wisconsin, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Black Earth Linen LLC. Any disputes that arise between you and Black Earth Linen LLC shall be settled and determined in the State of Wisconsin in any court having jurisdiction thereof. By visiting our Site you irrevocably submit to the jurisdiction of any of the said courts for purposes of resolving such disputes and waive any claims or defense of inconvenient forum or lack of personal jurisdiction.
User Feedback and Comments
Black Earth Linen LLC welcomes user comments. If you send creative ideas, suggestions, proposals, feedback or other materials (“Comments”), whether online, by email, by postal mail, or in any other manner, you agree that Black Earth Linen LLC may, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you send to Black Earth Linen LLC. Black Earth Linen LLC shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We reserve the right to monitor, edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You agree that your Comments will not contain libelous, unlawful, abusive or obscene material, or contain any computer virus or other malicious software that could in any way harm or otherwise affect the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Black Earth Linen LLC or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Black Earth Linen LLC takes no responsibility and assumes no liability for any Comments posted by you or a third party.
Termination
These terms are effective unless and until terminated by either you or Black Earth Linen LLC. Black Earth Linen LLC may also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
We reserve the right to terminate your account and restrict your use of this site if we have reason to believe you have violated any of these terms and conditions, including providing us with false information.
Cookies
Cookies are small text files that assist in website functionality and are placed by websites in browser directories. Our e-commerce platform, Wix, requires cookies to function correctly.
Communities
If you sign up to participate in a user community through our Site, your public activity such as posts and comments, will be visible to other visitors of the website. As a user of the Site you can always opt-out and exit the community. Upon doing so, such user’s profile will not be publicly visible. Naturally, in such event the user will not be able to use the community features.