Welcome to the Wisteria website. Please review the following Terms and Conditions carefully. Your use of the Wisteria website constitutes your agreement to follow these Terms and Conditions and be bound by them. Wisteria reserves the right to update or modify these Terms and Conditions at any time without prior notice.
Returns & Exchanges
Made to Order Products:
Made to Order Products are non-returnable for any reason. These products have a Made to Order Icon on the product page.
Non-Made to Order Products: Non-Made to Order Products can be returned within 30 days of receipt. All returns will be matched to our sale records. Products must be sent back in the original packaging or reasonably equivalent packaging. Products must be new/unused condition with no signs of wear. If the product is sent back in a different packaging resulting in damage, you may incur additional cost. Returns made by purchaser are refunded consistent with the original form of payment for the merchandise price, less shipping and handling. Return shipping fees will also be netted out of your refund. There will be a restocking fee based on the product's original purchase price: 10% for parcel items and 20% for large items shipped via a freight carrier service.
Final Sales & Clearance Items
Final Sale and Clearance items are not returnable or exchangeable. These items' prices end in $0.99.
Seasonal Products
Certain items such as Christmas decorations, gardening and outdoor accessories, and other holiday assortments may not be canceled or returned at any time.
Pricing & Promotions
Pricing in Online Stores is in U.S. dollars. Applicable taxes according to state and local laws apply to all purchases. The price and availability of any merchandise is subject to change, along with any given date regarding arrival of merchandise into our warehouse and shipping fees. We reserve the right to refuse the order of any merchandise that we deem is erroneously priced, described and shown Online.
Commercial Use
Our warranty applies only to reasonable residential (non-commercial) use and is void if the furniture is used in what is considered a non-household setting, and/or misused, handled improperly, reupholstered and/or repaired by any other resource other than Wisteria and/or our agents.
Eligibility
You must be at least 13 years old to use the Wisteria Website. If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms and Conditions on your behalf, and you may only access and use the Website with permission from your parent or legal guardian.
Links to Other Sites
While visiting our Website, you may link to sites operated by our business partners or other third parties, the links for which are provided solely for your convenience. This does not mean that we endorse these sites, and your activities on them may be governed by terms and conditions and privacy policies that differ from our own. We do not make any representations or warranties about any website you may access through the Wisteria website. They are independent from us, and we have no control over, or responsibility for, their information or activities.
Intellectual Property Ownership & Use
Please be aware that as you visit and navigate the Wisteria website, your use of our site is subject to applicable laws governing ownership and use of intellectual property. This includes our trademarks, copyrights, text, images, video clips, graphics, logos, icons, photographs and/or other intellectual property in such materials (collectively, “the Intellectual Property”). You may not use any of the Wisteria Intellectual Property without our prior written permission. Trademarks or trade dress include, but are not limited to, the Wisteria name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Wisteria’s products, services, and programs. Any other trademarks that appear on our Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
The products, prints, patterns, designs, text, graphics, logos, button icons, images, digital downloads, and data compilations appearing on the Website, as well as the software used to create them, are owned or licensed by Wisteria and are protected by the U.S. and foreign copyright laws. You may electronically copy and/or print "hard copies" from the Website solely for personal, non-commercial purposes related to placing an order or shopping on the Website. Any other use of any content included on the Website, including linking or framing to this Website, is strictly prohibited unless you first obtain our prior written consent.
If any party or user misappropriates or uses our Intellectual Property without the express written consent of Wisteria, Wisteria may pursue any and all injunctive, equitable, and monetary damages permitted under the law to protect and enforce its rights. All users of the Website agree that if they use or misappropriate any of our Intellectual Property without our express written consent, Wisteria shall receive legal fees and costs for protecting and enforcing its rights.
User Comments, Feedback, & Other Submissions
Except for information necessary to place an order, we do not want you to send us any confidential or proprietary information through this Website. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Wisteria employees and agents might seem to be similar to creative works submitted by users. Accordingly, if, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Wisteria has the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Wisteria or third parties as to the origin of any Comments. You are solely responsible for any comments you make as well as their accuracy. Wisteria takes no responsibility and assumes no liability for any comments posted by you or any third party.
Your Responsibilities While Using Our Website
You are responsible for your use of the Wisteria Website. Harassment in any manner or form on the Website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Wisteria or other licensed employee, host, or representative as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through this 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 organization. You will comply with all applicable laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Wisteria controls and operates the Website and services associated therewith.
Errors & Inaccuracies
We always try to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts, human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. We have made every effort to display the colors of our products that appear on the Wisteria website as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.
Limitation of Liability
To the fullest extent permitted by applicable law, Wisteria, and its affiliates will have no liability for any: (a) errors, mistakes or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the Wisteria website; any unauthorized access to or use of our servers or any personal information or user data; (d) any interruption of transmission to or from the website or any mobile applications; (e) any malware, viruses, trojans and the like which may be transmitted on or through the website or mobile applications by a third party; or (f) any loss or damage arising out of, or relating to, the website or Wisteria's products or any other performance under, or pursuant to, these terms and conditions (including liability for negligence) except for the gross negligence or willful misconduct of Wisteria.
To the fullest extent permitted by applicable law, in no event will Wisteria’s liability of any kind (a) include any special, indirect, incidental or consequential losses or damages, even if Wisteria shall have been advised of the possibility of such potential loss or damage, or (b) exceed the price you paid for the product or service that is the basis for the claim.
Security
You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Website or of the networks connected to the Website, and to abide by all security policies adopted by Wisteria. You acknowledge and agree that, for security purposes, Wisteria may monitor your account and your access to and use of the Website. Wisteria may at any time terminate or suspend your access to the Website as Wisteria considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. Wisteria may also impose limits on certain features and functions of the Website or restrict your access to the Website without notice or liability.
Indemnification
You agree to defend, indemnify and hold Wisteria harmless from and against any and all claims, damages, costs, losses and expenses (including, without limitation, attorneys' fees and legal costs) of any kind arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Agreement.
Applicable Law
By visiting our Website, you agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our Website. Any action relating to the use of the Website or mobile applications must be brought in the state or federal courts located in the County of Cobb, Georgia. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Under no circumstances will Wisteria be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms and Conditions including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Copyright Infringement
Wisteria respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide us with the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Mobile Terms & Conditions
Wisteria offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by SMS message (the "Service") on 1-844-611-2218. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Wisteria reserves the right to stop offering the Service at any time with or without notice. Wisteria also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
By opting into the Service, you:
Authorize Wisteria to use an automatic telephone dialing system to send recurring text messages, which may be automated, to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
- Acknowledge that you do not have to agree to receive messages as a condition of purchase.
- Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
- Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call 1-888-296-8574 or email customerservice@wisteria.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service on 1-844-611-2218, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:
- Sale promotions
- Event information
- Product launch announcements
- Cart reminders
- Back in stock alerts
- Price drop alerts
- Low inventory alerts
- Loyalty Rewards
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Wisteria may add or remove any wireless carrier from the Service at any time without notice. Wisteria and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from Wisteria, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 1-844-611-2218 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Wisteria. You can also contact us at 1-888-296-8574 or customerservice@wisteria.com. These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.
Questions
You can text HELP for help at any time to 1-844-611-2218. This will provide you with a phone number and email address to customer service (1-888-296-8574 and customerservice@wisteria.com). You can also contact us at Wisteria, 4400 Highland Pkwy SE, Suite F, Smyrna, GA 30082, if necessary.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Wisteria services will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Wisteria hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WISTERIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND Wisteria AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and WISTERIA are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. WISTERIA, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
Last Updated: July 2024.