Website Terms and Conditions

Welcome to the Ombrage, LLC (Ombrage Collection.com) website. These Terms and Conditions (“Terms”) govern your access to and use of the Ombrage, LLC website (the “Website”), including  all services, content, and products available through the Website. Ombrage, LLC is a Michigan  Limited Liability Company based in Birmingham, MI.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree  with any part of the terms, then you do not have permission to access the Website.

Custom Product Orders and Specifications

Custom Nature of Products

All window blinds and shades offered by Ombrage, LLC are custom made and made to measure based on the specifications (measurements, color, material, controls, etc.) provided by the customer.

Customer Measurement Responsibility

  • The Customer is solely responsible for providing accurate and correct measurements for all custom products ordered.
  • Ombrage, LLC does not offer measurement or installation services. The Customer is responsible for measuring the windows and installing the products.
  • Ombrage, LLC is not responsible for products that do not fit due to incorrect measurements provided by the Customer.
  • The Customer is responsible for carefully reviewing all measurement instructions and product-specific guides provided by Ombrage, LLC.

Color and Material Disclaimer

  • Ombrage, LLC makes every effort to accurately display the colors and materials of its products on the Website. However, actual colors and textures may vary slightly from what is displayed on your screen due to monitor settings, device lighting, and the inherent variability of materials (e.g., dye lot variations, natural material variations).
  • The Customer acknowledges that there may be variations in color from lot to lot, which may not exactly match previous purchases or sample swatches.
  • The Customer acknowledges and accepts that such minor variations are not considered defects.
  • It is the Customer’s responsibility to request and review physical material samples (if available) before placing a final order where exact color matching is critical.

Order Confirmation, Changes, and Cancellation

  • Once an order is placed, an Order Confirmation will be sent to the Customer.
  • Due to the custom nature of the products, production begins promptly. The Customer has a 24 hours from the time the Order Confirmation is sent to request any changes or cancellation.
  • Requests for changes or cancellations made after the specified timeframe may not be accommodated, and if accepted, may incur additional charges or a cancellation fee, as fabrication may have already begun.
  • After fabrication is complete, orders are non-cancellable, and all sales are final. Due to the custom nature of the products, Ombrage Collection cannot provide replacements or refunds for products due to incorrect measurements.

Pricing, Payment, and Shipping

Pricing and Taxes

All prices are subject to change without notice. All payments must be made in US dollars. Prices displayed on the Website are exclusive of taxes unless otherwise stated. The Customer is responsible for any applicable sales tax, use tax, or other governmental fees.

Payment Terms

Full payment for all products and shipping is due at the time the order is placed (checkout). Fabrication will not begin until full payment has been successfully processed.

Shipping, Delivery & Risk of Loss

Delivery

Any delivery dates provided are estimates. Ombrage, LLC shall not be liable for any damages or losses resulting from delivery delays caused by the manufacturer, shipping carrier, supply chain issues, or other events beyond our reasonable control.

Theft

Ombrage Collection provides shipping carriers with delivery instructions requesting that packages be placed in a safe and secure location, such as a back door, garage, or another area deemed appropriate by the carrier at the time of delivery. Final placement decisions are made solely by the carrier based on access, safety and delivery conditions.

Risk of loss and responsibility for the order transfer to the customer once the shipment is marked as delivered by the carrier. Ombrage Collection is not responsible for loss, theft, or damage occurring after delivery confirmation.

Customers are responsible for retrieving and securing delivered packages promptly upon delivery.

Warranty and Defects

Ombrage Collection Limited Warranty

Ombrage Collection provides a limited warranty on the enclosed product to the original residential purchaser. This warranty is provided that the product was correctly installed and has not been relocated from the original window. This warranty covers manufacturing defects, which include flaws in the product design, materials, or workmanship that result in the product’s improper functionality.

Coverage Period:
  • Blinds/Shades: 10-year Limited Warranty.
  • Motors:
    • 0-6 months (from purchase date): Free replacement.
    • 7-36 months (from purchase date): Free replacement, but the Customer is responsible for shipping fees.
What is NOT Covered: The warranty does not cover:
  • Normal wear and tear.
  • Damage due to abuse, accidents, alterations, pet/insect damage, exposure to salt air, extraordinary use, improper handling, improper cleaning, improper installation, improper operation, unintended use, or misuse.
  • Product degradation over time, including fading of color (fabric, metal/plastic parts, and finishes), loss of pleating, yellowing/discoloration or cracking of plastic parts or finishes, or sagging/billowing of cordless products that are not properly raised and lowered daily.
  • Corded products that raise or lower unevenly due to improper use.
  • Cost of product removal, product reinstallation, product remeasure, shipping, incidental, or consequential damages.

Limited Warranty Remedy: If your Ombrage Collection product is found to have manufacturing defects in workmanship or materials, Ombrage Collection will, at its discretion, provide parts to repair or replace the product. Discontinued items or color selections will be replaced with the closest current equivalent product.

How to Receive Warranty Service:
  • Please contact us via our website.
  • Include your name, shipping address, order number, and photos.
  • If the product was purchased from an Authorized Dealer, contact the dealer directly.
Installation and Liability

Ombrage, LLC expressly disclaims any and all warranties, liability, or responsibility for the installation of the products. The Customer assumes all risk and liability for the installation and proper operation of the blinds and shades.

Reporting Defects

The Customer must inspect all products immediately upon receipt. Any product damage, manufacturing defects, or discrepancies with the confirmed order must be reported to Ombrage, LLC within seven (7) days of delivery to be eligible for repair or replacement under the applicable warranty.

Website Use and Intellectual Property

License to Use Website

Ombrage, LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use, primarily for the purpose of exploring, designing, and ordering our custom products.

Intellectual Property

The Website, its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Ombrage, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Ombrage, LLC, may harm Ombrage, LLC or users of the Website.

Disclaimers and Limitation of Liability

Disclaimer of Warranties

THE WEBSITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OMBRAGE, LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OMBRAGE, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF OMBRAGE, LLC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE OR FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal or state courts located in Oakland County, Michigan.

Miscellaneous

Changes to Terms

Ombrage, LLC reserves the right, at its sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms.

 
Contact Information

If you have any questions about these Terms, please contact Ombrage, LLC via the contact us page on our website.

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