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Alchemy Fine Home Inc and its affiliated brands, including AlchemyFineHome.com, Daizy and Alchemy Fine Home ( "Alchemy Fine Home", "Alchemy Fine Home", "we" or "us") provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, "Sites") subject to your compliance with these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. These Terms of Use constitute an agreement between Alchemy Fine Home and you. We recommend that you print out a copy of these Terms of Use for your records.

By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites.

Please note that these Terms of Use contain provisions that govern the resolution of claims between Alchemy Fine Home and you. Please see the Legal Disputes section for complete details.

PRIVACY & SECURITY

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Information security is important to Alchemy Fine Home. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Alchemy Fine Home does, however, reserve the right at all times to disclose any information as Alchemy Fine Home deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

CHANGES

Alchemy Fine Home reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Sites. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites.

INTELLECTUAL PROPERTY RIGHTS

The Sites contain valuable trademarks and service marks owned and used by Alchemy Fine Home, including but not limited to, Alchemy Fine Home, the Alchemy Fine Home design logo, Alchemy Fine Home (collectively, the "Alchemy Fine Home Marks"). Any use of the Alchemy Fine Home Marks without the prior written permission of Alchemy Fine Home is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the Alchemy Fine Home Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of Alchemy Fine Home.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.

Alchemy Fine Home uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.

For claims of copyright infringement, please contact us at orders@alchemyfinehome.com

ORDER ACCEPTANCE

It is your responsibility to ensure that you input and submit your Order correctly and accurately. You will have the opportunity to correct errors before placing the Order and an Order Summary (with details of the Goods and the total price inclusive of taxes and all delivery charges (if applicable) and other costs will be displayed directly before you pay for your Order, at which point your order will be considered placed. Please note that we are not responsible for any errors you make when you input and submit, and effectively place your Order. After you have submitted your Order you are offering to buy those Goods from us. We will send you an order acknowledgement email shortly after you place your order. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Alchemy Fine Home reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Alchemy Fine Home reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). We reserve the right to decline all or part of any Order for any reason. This might be because for example, the Goods are not in stock or are no longer available or because of a pricing error on the Website. If we decline all or part of your Order, we will contact you with additional information and will not process your order. We will refund the full amount of your payment if you do not wish to order alternative Goods from us or; in the case of a pricing error, order the Goods at the correct price. If we do cancel your order we will notify you by email and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. It is recommended that you retain all emails relating to your order. The details of your specific order are filed by us. Should you want any information regarding your order you may contact us. If you want to make any changes to your order, e-mail us or call us for free on 844 456 5333 for further assistance. Please note that when products are ordered at different times we cannot guarantee colour matching due to variations between batches. Changing an order may cause a delay with your delivery time and may alter the price you have been quoted. Certain orders constitute improper use of the Sites and the Alchemy Fine Home Rewards Program described below. Alchemy Fine Home reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Alchemy Fine Home's sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

USER GENERATED CONTENT

From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users ("User Content").

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.

By submitting User Content, you represent and warrant to Alchemy Fine Home that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Alchemy Fine Home to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate Alchemy Fine Home's Acceptable Use Policy set forth below.

As between you and Alchemy Fine Home, you will retain all of your ownership rights in and to your User Content. By submitting User Content to Alchemy Fine Home, you hereby grant to Alchemy Fine Home a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Alchemy Fine Home (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.

Alchemy Fine Home does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Alchemy Fine Home reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Alchemy Fine Home has the right to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Sites for any reason. Alchemy Fine Home takes no responsibility for User Content.

SOCIAL MEDIA TAG USAGE

BY USING #AlchemyFineHome, @AlchemyFineHome AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE Alchemy Fine Home WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.

ACCEPTABLE USE POLICY

By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Alchemy Fine Home all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Alchemy Fine Home; (iv) impersonate any person or entity, including but not limited to, a representative of Alchemy Fine Home, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Alchemy Fine Home reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.

ABOUT OUR PRICES

Where a product listing on our Site references a higher price, typically denoted by a strikethrough (e.g. "$549"), such higher price represents the retail price suggested by the manufacturer or supplier. In the absence of a price suggested by the manufacturer or supplier, this price represents the highest price at which we offered or sold the product at some point in the past. For “Sales”, where a product is temporarily being sold at a reduced price, an additional strikethrough price may be presented that may represent a recent previous price before the promotion. The "Sale" tag or promotional text on a product listing on our Site signifies that we are selling the product at a discount from a price.

When we use the term “closeout, discontinued, or markdown” we mean either that the product has been permanently reduced and will not return to the original price or that the product is temporarily being sold at a reduced price in order to clear an overstock of either Alchemy Fine Home or supplier inventory. Prices of products listed on our Site as “closeout, discontinued, or markdown” may fluctuate during the “closeout, discontinued, or markdown” promotion period for such products. For temporary “closeout, discontinued, or markdown” pricing, such products may return to prices that are equal to or greater than their original prices upon expiration of the applicable “closeout, discontinued, or markdown” promotion period.

LINKS TO OTHER WEBSITES

The Sites may contain links to third-party websites ("Other Sites") that are not under Alchemy Fine Home's control. Alchemy Fine Home makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. Alchemy Fine Home provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Alchemy Fine Home of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

MOBILE DEVICES & MOBILE APPLICATIONS

If you use a mobile device to access pages of the Sites optimized for mobile-viewing, opt in to receive SMS (text messages) from Alchemy Fine Home (as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.

By opting in or ordering, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from Alchemy Fine Home. By agreeing to receive SMS messages from Alchemy Fine Home, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

COMMUNICATIONS WITH ALCHEMY FINE HOME

For all communications made to or with Alchemy Fine Home, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Alchemy Fine Home will have no obligation to protect your communications from disclosure; (ii) Alchemy Fine Home will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Alchemy Fine Home will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

INDEMNITY

You agree to indemnify and hold Alchemy Fine Home and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.

DISCLAIMER OF WARRANTIES

Alchemy Fine Home intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, Alchemy Fine Home EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.

LIMITATION ON LIABILITY

IN NO EVENT WILL Alchemy Fine Home OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Alchemy Fine Home HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Alchemy Fine Home is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.

TERMINATION

Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that Alchemy Fine Home, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if Alchemy Fine Home believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. Alchemy Fine Home also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that Alchemy Fine Home may bar any further access to the Sites. Further, you agree that Alchemy Fine Home will not be liable to you or any third-party for any termination of access to the Sites.

For instructions for deleting your account, please see the "Registering for the Service" section of our Privacy Policy.

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

RIGHT TO ACCESS

YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE SITES.

OUTAGES

Alchemy Fine Home periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Alchemy Fine Home has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

JURISDICTIONAL ISSUES

The Sites are operated by Alchemy Fine Home from its remote offices in San Diego, California, USA. The Sites are intended for users who reside in the United States of America. Alchemy Fine Home makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Alchemy Fine Home reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and at our sole discretion.

GENERAL INFORMATION

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and Alchemy Fine Home with respect to use of the Sites and supersede any prior agreements between you and Alchemy Fine Home relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with Alchemy Fine Home's prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Alchemy Fine Home's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Alchemy Fine Home's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Alchemy Fine Home with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

VIOLATIONS

Please report any violations of these Terms of Use to the system administrator at orders@ alchemyfinehome.com.

ALCHEMY FINE HOME'S COPYRIGHT POLICY

Last Updated: August 28, 2020

This Copyright Policy describes Alchemy Fine Home's policy of prohibiting any information or materials that violate another party's intellectual property rights from appearing on www.AlchemyFineHome.com and their related domains (collectively, the "Site").

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for a copyright owner who believes that material appearing on the Internet infringes his, her or its rights under U.S. copyright law. Alchemy Fine Home complies with the DMCA by responding to notices and counter-notices that meet the then-current DMCA requirements. Please visit http://www.copyright.gov/ for details about current DMCA requirements.

NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT

If you believe in good faith that material appearing on the Site infringes your copyright, you (or your agent) may send Alchemy Fine Home a written notification pursuant to the DMCA (a "DMCA Notice"). Your DMCA Notice should be sent to our Copyright Agent (identified below), contain all of the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and request that the material be removed or that access to it be blocked. Your DMCA Notice must contain:

1. Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
2. Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material;
3. Your name, address, telephone number and email address (if available);
4. The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner's behalf;
5. A statement that you have a good faith belief that use of the material on the Site as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and
6. A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must submit any notification of an alleged copyright infringement to Alchemy Fine Home's Copyright Agent by mail or email as set forth below:

Alchemy Fine Home Copyright Agent, Attn: Legal 3655 Nobel Drive, Suite 290 San Diego, CA 92122

If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys' fees, if you materially misrepresent that materials on the Site are infringing a copyright.

COUNTER NOTIFICATION

If you believe in good faith that your own copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written counter notification letter to Alchemy Fine Home's Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:

1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located or in Boston, Massachusetts if your address is outside the United States;
3. A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent;
4. Your name, address and telephone number;
5. A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or web location and will no longer be shown or accessible; and
6. Your physical or electronic signature.

You may submit your counter notification to Alchemy Fine Home's Copyright Agent by mail or email as set forth below:

Alchemy Fine Home Copyright Agent, Attn: Legal 3655 Nobel Drive, Suite 290 San Diego, CA 92122

Upon receipt of a counter notice, Alchemy Fine Home's Copyright Agent may send a copy of it to the original complaining party informing that party that Alchemy Fine Home may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against Alchemy Fine Home, the removed content may be replaced or access to it restored by Alchemy Fine Home.

You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys' fees.

GIFT CARD TERMS & CONDITIONS

The following terms and conditions (the "Terms") apply to any Alchemy Fine Home gift card originally purchased by you or someone on your behalf (the "gift card") through one of the Alchemy Fine Home websites. Gift cards are issued by Alchemy Fine Home (referred to hereafter as either “Alchemy Fine Home,” “Alchemy Fine Home” “we,” “us,” or “our”). By purchasing a gift card, accepting and retaining a gift card, or using a gift card, you agree to these Terms.

• Gift cards are valid in the country and currency in which they were purchased. Gift cards purchased on AlchemyFineHome.com, can be used interchangeably.
• Gift cards cannot be used to purchase gift cards.
• Gift cards are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law.
• Gift cards are not re-sellable, and gift card orders cannot be updated or refunded.
• Use of the gift card is limited to the amount of funds held on the gift card. The full amount of each purchase, including taxes, will be deducted from the funds held on the gift card, up to the total funds available on the gift card. Any unused balance will be placed in the recipient's gift card account and is not transferable. If you make a purchase and there are insufficient funds held on the gift card to cover that purchase, you must pay the difference by a valid credit card or debit card.
• The risk of loss and title for gift cards pass to the purchaser upon our electronic transmission to the purchaser. We are not responsible for and will not replace lost or stolen gift cards. Protect your gift card as if it were cash and safeguard the gift card from authorized use.
• Alchemy Fine Home may provide gift card purchasers with information about the redemption status of gift cards.
• Alchemy Fine Home reserves the right to change these Terms from time to time at its discretion. Such revised terms will be effective as to any gift cards purchased after the date said revised Terms are posted to the Alchemy Fine Home websites.
• Resale of a gift card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Your right to use the funds on the gift card is a limited right, subject to these Terms and applicable law. We are not responsible for pricing, typographical, or other errors, in any offer and reserve the right to cancel any orders resulting from such errors.
• If we suspect any fraud or misuse in connection with a gift card, we reserve the right in our discretion to suspend or terminate use of the gift card.
• The consideration paid for the gift card, including any unredeemed balances, is the property of the Alchemy Fine Home.
• If any one or more of the covenants, agreements, provisions or terms of these Terms shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of these Terms shall in no way affect the validity or enforceability of the other provisions of these Terms.
• These Terms sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by these Terms. All terms and conditions set forth herein are applicable to the extent permitted by law.