Legal 2018-05-18T12:43:25+00:00

The Belknap White Group Legal Terms

Order Terms and Conditions

Last Updated 5/17/2018

The following terms and conditions (the “Terms”) shall apply to the sale and distribution of all products, including without limitation, carpeting, tile, wood, linoleum, vinyl, rubber, stair treads, stripper, adhesive, polish, sealer, cleaner, underlayment, grout, patch and skim coat, primer, and installation equipment (collectively, the “Products”) distributed by The Belknap White Group, LLC (“Seller”) to the customer (“Customer”).

  1. Acceptance. The Terms apply to all quotations, offers, sales and deliveries of Product made by Seller to Customer.  In the event that any of these Terms conflict with terms and conditions affixed to a Customer’s purchase order, bill of lading or any other procurement document, the Terms contained herein shall govern.  Acceptance of Customer’s order is conditioned upon Customer’s acceptance of the Terms herein, irrespective of whether Customer accepts these Terms by a written acknowledgement, by implication, by acceptance of Products ordered, or by payment for Products ordered. Seller’s failure to object to provisions contained in any communication from Customer shall not be deemed a waiver of the provisions herein.  Seller reserves the right at any time to amend these Terms, which amended Terms shall be posted on Seller’s website at: https://www.belknapwhite.com/legal. Customer shall be deemed to accept such amended Terms by ordering Products offered after the date of any such amendment.
  1. Pricing. Pricing for Products is published in Seller’s price list (“Price List”) found at: https://bwg400.belknapwhite.com/danciko/d24/. Seller reserves the right to change its prices and the specifications of Products at any time without notice. Unless otherwise specified or required by law, prices quoted in the Price List do not include any federal, state or local sales, use, excise or similar tax or fee related to the production, sale or delivery of the Products. Customer is responsible for payment of all such taxes, charges and fees unless Customer furnishes an acceptable tax exemption certificate in advance to Seller.
  1. Quotations and Orders. A quotation by Seller does not constitute an offer, and Seller reserves the right to withdraw or revise a quotation at any time prior to Seller’s acceptance of Customer’s purchase order. Seller’s acceptance of Customer’s order shall be effective only where such acceptance is made in writing by an authorized representative of Seller.
  1. Credit Terms. Upon request, Customer shall provide Seller such credit information and documentation as Seller may reasonably require to determine Customer’s creditworthiness. If at any time, in Seller’s sole opinion, Customer’s financial responsibility is unsatisfactory or impaired, or Customer fails to promptly provide requested credit information, then Seller may suspend deliveries or may place Customer on a full or partial cash-in-advance status until arrangements are made for security satisfactory to Seller in Seller’s sole discretion or, at Seller’s option, until Customer pays all indebtedness in full.
  1. Payment Terms. The terms of payment for all orders of Product are net 30 days from the date of invoice, unless otherwise agreed upon in writing by Seller.  A service fee of 1.5% per month will be added to Customer’s account on any account balance remaining unpaid for 10 or more days past due, without prejudice to any other rights of Seller to demand immediate payment. In the event it becomes necessary to place Customer’s account for collection, Customer agrees to pay all costs and reasonable attorneys’ fees associated therewith. Failure of Customer to make payment according to the Terms shall entitle Seller to suspend deliveries and/or terminate the purchase order.
  1. Payment Collection. As a condition of doing business with The Belknap White Group, customers must pay on account balances, cash on delivery (“COD”) payments, and over the counter transactions with checks drawn on US banks.  All checks must be written against sufficient funds and may not be post marked.  Checks can either be mailed or hand-delivered to any BWG office or branch location.  Checks are The Belknap White Group’s standard method of collection.  From time to time, alternate methods of collection and payment may be accepted, but those alternate methods may be charged a convenience fee.
  1. Title and Risk of Loss. Title and risk of loss for Products shall pass to Customer F.O.B. Warehouse, whereupon Customer assumes all responsibility and liability for loss and damage to Products resulting from its shipping, handling, storage or use.
  1. Security Interest. As security for the payment of the purchase price of Products sold to Customer by Seller, Customer hereby grants to Seller a purchase money security interest in all right, title and interest of Customer in and to the Products, wherever located and whether now existing or arising from time to time, as well as all proceeds (including insurance proceeds) of the foregoing.  Customer agrees that Seller may assert rights in Products delivered to Customer to ensure payment therefore, which may include the filing of financing statements and/or mechanic’s liens.
  1. Delivery and Inspection. Seller shall use reasonable efforts to meet performance dates for delivery of Products as are expressly agreed in the purchase order, and any such dates shall be estimates only. One delivery fee, as applicable to Customer’s delivery location, will be charged per delivery of Product from any Seller location.  Seller assumes no liability for loss of profits, special, incidental or consequential damages due to delays.  Product being held by Seller at Customer’s request shall be returned to inventory, and the order cancelled, if not shipped within 30 days; provided, however, that any samples or display Product held by Seller at Customer’s request shall be billed to Customer after 30 days. Any order of Product shipped directly from the manufacturer in an amount less than a full truckload will be subject to a 5% handling charge and all applicable freight charges. Seller is not liable for any delays, loss or damage in transit caused by a shortage of raw materials, manufacturing problems, delivery or labor problems, acts or laws of regulatory, governmental or judicial bodies, discontinuation of a product line, wars, riots, fires, explosions, accidents, terrorist acts, sabotage, acts of God, or other causes beyond its control.
  1. Inspection and Acceptance. Product sold by Seller shall be deemed accepted by Customer upon delivery.  Customer or its agent should be present when and where the Product is delivered as agreed in the purchase order, and must sign a delivery verification slip acknowledging satisfactory receipt thereof. Customer agrees to inspect the Product immediately upon delivery, and any damage and/or shortage of Product must be noted in writing by Customer upon the delivery verification slip and be countersigned by the carrier’s agent. If such delivery verification slip is not signed by Customer or its agent upon delivery of Product, or if Customer requests delivery of Product to a location where Customer or its agent is not present to verify such delivery and sign such slip, then the Customer expressly and irrevocably acknowledges and agrees that carrier’s signature on such slip shall constitute conclusive evidence of delivery of the Product, and Customer must report any damage or shortage of Product to Seller in writing within 24 hours of such delivery, or else Customer will automatically be deemed to have accepted the condition and quantity of the Product as represented by Seller.  Failure to give notice as provided herein within the specified time constitutes an unqualified acceptance of the Product and a waiver of all claims with respect thereto. Customer expressly acknowledges and agrees that Seller may enforce lien rights against Customer in the event of non-payment, and these Terms, together with any invoice or purchase order, shall constitute evidence of the contractual relationship between the parties giving rise to such lien rights.  Where Seller accepts liability for any non-delivery, damage or shortage of Product, Seller’s sole obligation shall be, at its option, to remedy any such non-delivery or shortage and/or (as appropriate) to replace any of the Products found to be damaged and/or to refund the cost of such Products to Customer. The remedies set forth in this Section 9 are expressly agreed to be Customer’s exclusive remedies against Seller or any other third party for non-conforming delivery of Products.
  1. Cancellation and Returns. Any order for Product that is cancelled after material has been cut and/or picked is subject to full handling and freight charges. All returns of Product are at the discretion of Seller and require a return authorization number and shipping directions prior to such return. No returns of Product will be accepted after 60 days from original delivery. Any Product that is authorized for return will be subject to a restocking fee of 15% for wood Products and 25% for all other Products, with a minimum charge of $25.00. Returned Product must be picked up at Customer’s place of business, not a job site. Customer is responsible for all costs of returning Product to a facility identified by Seller, including without limitation, any applicable common carrier charges. Any return from a Customer that is not within Seller’s or a carrier’s delivery area must be shipped back to Seller’s servicing warehouse prepaid by Customer. All Products are subject to inspection upon return to Seller, and any damaged portion will not be credited to Customer. Returns will NOT be accepted for the following Products:
    • Sheet goods in an amount less than 20 square yards;
    • Five cartons of tile or less;
    • Drop-shipped, special orders and non-stock Products;
    • Improperly packaged or open/broken cartons of Product; and
    • Products valued at less than $50.00.
  1. No Warranty or Liability. Seller makes no representations or warranties with respect to the Products whatsoever, including, without limitation, with respect to the suitability, reliability, availability, safety or accuracy of Products. All Products are provided “As Is,” without warranty or condition of any kind, and Customer assumes the entire risk as to quality, safety, performance or otherwise. Seller expressly disclaims all warranties of any kind, whether express, implied or statutory, including without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement, and any warranty that may arise from course of dealing, course of performance, or usage of trade. In all circumstances, and notwithstanding any other provision of these terms, the maximum liability in the aggregate, of Seller, its directors, officers, employees, agents and affiliates to Customer for any and all claims, losses, costs or damages whatsoever regardless of the form of action, whether in contract, tort or otherwise, including but not limited to, negligence, professional errors or omissions, strict liability, breach of contract or warranty, express, implied or otherwise, shall not exceed the purchase price received by Seller for the Products at issue. In no event shall Seller be liable for any direct, indirect, punitive, incidental, special or consequential damages, loss of goodwill, loss of use, lost profits, loss, damage or injury to any person or property or any damages in any way connected with the use of Products, or otherwise arising out of Products, whether based in contract, tort, negligence, strict liability or other legal theory, even if Seller has been advised of the possibility of such damages.
  1. Assignment. The Terms are not assignable.  None of the rights granted to Customer hereunder shall be assigned, subcontracted or otherwise transferred directly or by operation of law without the prior written consent of Seller, which Seller may withhold in its absolute discretion.  Nothing herein shall confer on any other person or entity any legal or equitable right, benefit or remedy whatsoever.
  1. Binding Effect. The Terms shall be binding on the successors and permitted assigns of Seller and Customer.
  1. Entirety of Contract; Waiver. The Terms constitute the full understanding of Seller and Customer, and a complete and exclusive statement of the terms of their agreement. No waiver by either Seller or Customer in respect of any breach or default of any right or remedy hereunder shall be deemed to constitute a continuing waiver of any other breach or default or any other right or remedy hereunder, unless such waiver is in writing signed by both parties.
  1. Disputes. Any dispute or claim by Customer for defective or deficient Products, or any other alleged breach of the Terms by Seller, shall be first submitted to mediation and then to arbitration before the American Arbitration Association. Customer is required to commence such arbitration within one (1) year from delivery of the Products, otherwise any such claim is deemed waived and barred.
  1. Notices. All notices, requests, consents, claims, demands, waivers and other communications shall be in writing and addressed to the parties at the addresses set forth in the purchase order. All notices shall be delivered by hand delivery or nationally recognized overnight courier, in each case, postage prepaid.
  1. Severability. If any term or provision of the Terms is invalid, illegal or otherwise unenforceable, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Terms or render such provision unenforceable in another jurisdiction.
  1. Survival. The Terms remain in force after delivery of the Products.
  1. Governing Law. The validity, interpretation and performance of the Terms shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts. Any legal suit, action, or proceeding arising out of, or related to, these terms and conditions or the website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, although we retain the right to bring any suit, action, or proceeding against you for breach of these terms and conditions in your country of residence or any other relevant country. Customer waives any and all objections to the exercise of jurisdiction over Customer by such courts and to venue in such courts.

If you have any question about this policy, and for information on how to contact Belknap, please visit our Contact Us Page.  You can send us a message by using this link on our website, with the subject ATTN: Legal Department.

Alternatively, please contact us at:

The Belknap White Group
ATTN: Legal Department
111 Plymouth Street
Mansfield MA, 02048
Phone: 1-800-283-7500

Website Terms and Conditions

Last Updated 5/17/2018

 Thank you for using The Belknap White Group (“Belknap,” “we,” “our,” or “us”) and its affiliated companies’ online website (“website,” “site,” “web pages”) and services.

Using our Services

By using this website, you are agreeing to the following terms and conditions.  Please read this document carefully, as continuing use of this website and services is an agreement between you and The Belknap White Group. This terms and conditions document pertains to www.belknapwhite.com as well as other websites and services that it is attached to.  Additionally, it will be used to supplement other agreements and terms on these webpages, such as the Privacy Policy and disclaimer text. Clarity as to how we use your information is important to Belknap. As such, the information we collect and its uses are outlined in our Privacy Policy.  Please refer to that document regarding this information.  If you do not understand items in any of these texts, or do not agree, you should discontinue use of the site immediately.

Registration and Forms

You may wish to register an account with The Belknap White Group, which will give you access to certain features including but not limited to subscription content from Belknap and access to online ordering.  The website contains other online forms where you may willingly give information to the Belknap White Group including Personal Information for the purposes such as contacting Belknap and providing feedback.   All Personal Information collected from you will be used in accordance with Belknap’s Privacy Policy which can also be found on this site.  By registering, you confirm that all registration information is current, complete, accurate, and is not misrepresentative in any way.  You agree to maintain and update Belknap and the websites with the most current, complete and accurate information.  You are responsible for obtaining and continuing to maintain connectivity, software, hardware, and other equipment for use of Belknap’s Websites.  Belknap is in no way responsible for charges related to this equipment.

Belknap will have sole discretion to determine to grant you an account through this online platform and enter into a working relationship with you.  In addition, Belknap has sole discretion to determine what information to accept from you through these online forms and to determine what services to grant you access to, which includes but is not limited to Belknap’s online ordering system.

All communications made to Belknap through forms, including but not limited to feedback, messages, questions, comments are considered non-confidential and non-proprietary.   You will have no right to confidentiality in these communications and Belknap will have no obligation to protect these communications from disclosure.  Belknap will have the freedom to reproduce, use, disclose and distribute communications to others and can use any ideas, concepts, know-how, content or techniques contained in these communications for any purpose, including, but not limited to the development, marketing, production of products and services that pertain to such information.  More information and policies, including policies around “Personal Information” are defined in our Privacy Policy.

Placing Orders

All online orders made through this website are subject to Belknap’s Order Terms and Conditions which are below and linked here. By placing an order through this website you acknowledge that you have reviewed and agree to those terms.

We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. If using a credit card to make an order through our website, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

User Conduct

When using the website, or other Belknap online services or, accessing its content, you agree to the following:

  1. You agree not to inhibit the use of the website, servers, or networks connected to the Belknap sites, nor disobey any requirements, procedures, policies or regulations of networks connected to Belknap’s website.
  2. You agree not to duplicate or copy any portion of the website.
  3. You agree not to sell, resell, or exploit any portion of the websites, access to the website, or use of the website for commercial purposes.
  4. You agree not to use the website in such a way that would constitute a criminal offense or create a civil liability.

You agree not to impersonate a person, group, or entity, including but not limited to, The Belknap White Group, or a Belknap employee. You agree not to falsely state or misrepresent your affiliation with any person or entity.

  1. You agree not to violate the legal rights (including the rights of publicity and privacy) of others or post any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and conditions and our Privacy Policy.

Content

All content including text, graphics, trademarks, icons, user interfaces, photographs, sounds, videos, music, artwork, software, and computer code including but not limited to the “look and feel”, layout, structure, design, color scheme, and arrangement of selected content on the website (collectively the “Content”) is licensed to or owned by Belknap.  This Content is protected by copyright, trademark, trade dress, and other intellectual property and unfair competition laws.

You are not permitted to copy, reproduce, distribute, frame, mirror, display, translate, or create derivative works of, transmit, or republish, the content or websites in any way through any medium, except with the written permission from Belknap or as permitted by law.

You are permitted to display, copy and download Content from the website for personal, non-commercial use provided:

  1. You do not remove any copyright or proprietary notice from the Content.
  2. The Content will not be copied, posted or published in any medium.
  3. The Content is not modified in any way.

As we expect our customers and suppliers to respect intellectual property rights we in turn adhere to this same policy.  If you believe your work has been copied on a Belknap website in a way that infringes on copyright, please contact Belknap immediately.  Belknap reserves the right to remove access and remove content that infringes on the intellectual property rights of others.

As a distributor we often work with our suppliers for content such as images, text, video, and graphics, which are licensed to us. Sometimes this content can become stale and out of date.  In addition, sometimes the information is mislabeled or incorrect.  The information and content on this site is provided “As Is”.  Belknap will not be held responsible for any misinterpretation of content, and makes no claim that the content is up to date or accurate.  See our warranty, disclaimer, and liability section for more information.

Termination

We have the sole discretion to immediately terminate your access, impose new limits on your access, and bar you from future access to the Belknap Websites and Services in the event that your conduct is deemed unacceptable, unnecessary, or in the event of a breach of you with these terms without notice and without liability to Belknap.

Changes to the Website

Belknap reserves the right to change, discontinue, suspend, or inactivate any service or feature of the website at any time.  This includes but is not limited to changes to content, availability, software and hardware needed for its use.  As items change frequently for improving the quality of the site we may add and remove functionalities without notice to you and without liability to Belknap.  You are always eligible to terminate use of this site at any time by discontinuing use of the site and services.

Warranties and Disclaimers

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES AND TECHNOLOGY SERVICES PROVIDED BY BELKNAP, ITS AFFILIATES, DISTRIBUTORS, CUSTOMERS, SUPPLIERS, VENDORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS IS AT YOUR OWN DISCRETION AND RISK.  AS SUCH THESE PROVIDERS DO NOT OBLIGE THAT USE OF THE WEBSITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.  THEY MAKE NO CLAIM, PROMISE, OR COMMITMENT AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY OR AVAILABILITY OF THE SERVICE, THE RESULTS OBTAINED THROUGH THE USE OF THE SERVICE, THE DATA USED FOR THE SERVICE, NOR THE ABILITY OF THE SERVICE TO MEET YOUR NEEDS.  ALL CONTENT, INFORMATION OF ANY KIND, SERVICE, WEB PAGES, AND MERCHANDISE ARE PROVIDED “AS IS.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE ITEMS WILL BE VOID OF ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,  AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BELKNAP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS 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 SUCH OTHER WEBSITES, INCLUDING ANY 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

We disclaim any and all liability for any unauthorized access to or use of personally identifiable AND FINANCIAL information.  More information on how we use Personal Information can be found in our privacy policy.

Indemnification

You agree to defend, indemnify, and hold harmless Belknap, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms and conditions or your use of the Website, including, but not limited to, any material you upload to the website, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Third Parties

The Belknap website may contain links to other third-party websites (“Other Sites”) that are not under Belknap’s control.  Belknap makes no claim and accepts no liability with regard to the quality, content, information, or reliability of Other Sites.  These hyperlinks to Other Sites, or links to Belknap’s site from Other Sites (“Referral Sites”) are provided for convenience and do not imply endorsement by Belknap of the Other Sites nor the operators of these sites.  When using Other Sites, you do so entirely at your own risk and subject to the privacy statements and terms of use posted as part of those third-party sites.

Age

Belknap is not meant to be used by children or persons who are under 18 years of age.  By engaging with the site in any way, including purchasing product, and providing Belknap with information, you affirm you are of sufficient legal age to do so.  If you are a parent or guardian that provides consent to use or registers with The Belknap White Group, you agree to be bound by the terms in these documents, as well as any other contractual obligation in respect of the under aged user’s continued use of the site. Children under 13 years of age are strictly prohibited from using, accessing, and registering with this site.

Changes to Terms

Belknap reserves the right to modify, suspend, or terminate these terms at any time without notice to you.  Revisions will be reflected on this page and denoted as latest using the last updated date on this page.  A new version supersedes previous versions. Revisions do not apply retroactively.  However, any changes will become effective immediately on posting.  If you do not agree to a new term for service, you should discontinue its use.

Governing law:

Any and all claims, disputes, and controversies arising out of or in connection with your access to Belknap’s website, the content therein, the service, and technology shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, United States without consideration to the conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these terms and conditions or the website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, although we retain the right to bring any suit, action, or proceeding against you for breach of these terms and conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

If there is a conflict between these terms and additional terms put out by Belknap the additional terms will control for the conflict.  If a particular condition is not enforceable or deemed invalid by a court, this does not affect the other provisions in this document.  If you do not comply with these terms, and Belknap does not take action right away, Belknap does not waive any rights that may prevent us from taking action in the future.  These terms constitute the entire agreement between you and Belknap in regards to the website.  They do not create any third party beneficiary rights.

If you have any question about this policy, and for information on how to contact Belknap, please visit our Contact Us Page.  You can send us a message by using this link on our website, with the subject ATTN: Legal Department.

Alternatively, please contact us at:

The Belknap White Group
ATTN: Legal Department
111 Plymouth Street
Mansfield MA, 02048
Phone: 1-800-283-7500

Privacy Policy

Last Updated 5/17/2018

The Belknap White Group respects the privacy of its customers, suppliers, and users and has developed this privacy policy to help all parties understand how The Belknap White Group (“Belknap,” “we,” “our,” or “us”) and its affiliated companies collect and process information shared on our websites and through our services.(“site,” “website,” “services”)

Before continuing to use the website, or submit information, please review this policy.  By using or accessing the website or using our services, you are agreeing to the terms outlined in this policy.  Our purpose in collecting information from you is to better serve your needs, develop a better experience and give you additional and personalized information.  If you do not accept this policy, please do not provide us with your personal information nor use these services.

Personal Information:

“Personal Information” is information that can identify your person or is personally identifiable to you. This includes but is not limited to, your name, email address, financial information, and telephone number.  We retain this information shared with us in one or more databases as long as is reasonably required to serve you through our website or services, unless a longer retention period is required or permitted by applicable law.

Personal information that is collected is dependent on how you use our services, and the information that you provide to us.  If you choose not to provide certain Personal Information to us, we may not be able to provide certain feature or services to you.  Withdrawal of information is at your discretion unless there is a legal obligation and the withdrawal of information would hinder the performance of services by The Belknap White Group.

We use this information in the following cases:

  • To contact you when placing an order, online and/or through telephone, fulfilling orders with a Belknap employee, following up with you in relation to an order, or contacting you in relation an online visit or telephone inquiry.
  • To ensure your location is in accordance with the products you have selected, and to ensure proper delivery to you.
  • To communicate with you about your Belknap order, account, relationship, or inquiry.
  • To better understand customer interest and trends.
  • To better serve you and your Belknap account.
  • To market specific services, events, products, and features that may be of interest to better personalize our information to you, (this includes by email, SMS text, and through the website).
  • To collect or process payments, collect a debt owed to Belknap, or to pay a debt owned by Belknap.
  • To help us determine credit allowance and decisions, check identity to prevent fraud and money laundering.
  • To help us identify you in the case you visit our office or solution centers.
  • To create new services and better serve your needs.
  • To execute promotions, contests or sweepstakes.
  • To provide you with important information including changes to the Privacy Policy, Terms of use, rewards and loyalty program policies.
  • In the case of other situations that arise and as required by applicable law.

How we collect Personal Information

We collect Personal Information from you in a number of ways, both analog and digital, which is all used by our organization in concert. Specifically, with the Belknap website this policy identifies the following as important sources of information, but is not limited to the following list.

  • Information inputted to our website forms, including creating, registering or applying for a new account.
  • Telephone calls and conversations with Sales Representatives and Customer Service Personnel.
  • Fax communications.
  • Email communications.
  • In person meetings.
  • Social Media interaction through third parties, such as Facebook, LinkedIn and YouTube.
  • Viewing or responding to our online subscriptions, content, advertisements, or emails through third party or otherwise.
  • All other communications with a member of the Belknap team.

Non personal Information Collected Automatically:

Like most commercial sites, website Visitor information, (also termed “Behavioral”, “Non Personal”, “Technical”, “Log Data”, or “Online” information), is collected automatically.  When you visit or access the Belknap site or use its services you are agreeing to have this technical information collected.  This information collection includes but is not limited to, browser information, operating system information, device information, TCP-IP address, date, time, length of visit, pages accessed during visit and clicks during visit.

We use this information to determine the usefulness and usage of our websites and services, and the effectiveness of our marketing efforts, to tailor experiences and optimize our services to your particular needs, to monitor performance, and to improve our functions and features, and identify problems.

How we Collect non-personal Information

We work with a number of third parties to collect and analyze this information including Google Analytics.  These services collect anonymous information through the use of cookies and other technologies, and track your interactions with our site. Please review the privacy policy of Google Analytics for further information on this product by reviewing “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners.

Cookies

Cookies are text identifiers that are sent through your browser and stored on your device to enable our systems to recognize your device and provide you with personalized features.  If you would prefer to disable the acceptance of cookies, you can disable this feature in the browser on your computer, however, you may not be able to use certain features of the Belknap website or services.   Belknap does not and cannot use cookies to gather other information stored on the hard drive of your device.

Third Parties

The Belknap website or service may include interactions with third party platforms.  This includes our online ordering system “Decor 24,” activity feeds, social media buttons or widgets, or other features provided by a third party.  These features may collect your Personal Information, IP address and other Technical Information and display it on their sites.  These sites may also set a cookie for these features.  These items are hosted by a third party or hosted directly on the website.  All interactions with them are governed by the privacy policy of the respective third party, not the policy outlined here.

Belknap may include links to third-party websites on our website, in our emails, or on our content, as well as through other communications, that are out of our control.  The privacy policies and terms that govern those sites should be outlined or made clear to you.  Belknap is not responsible for the information collection practices of websites out of our control.  We always encourage you to be aware of the practices of these third party sites, before providing information to or through them.

As part of its website and service, Belknap employs other companies or individuals to perform functions on behalf of Belknap, such as credit checks, delivering packages sending postal mail and email, providing search results, and processing payments.  Personal Information is shared with these services but only to the extent that is needed to perform their functions.  They may not use this information for other purposes.

In the case of an enforceable government request, we may be obliged to share information with a government entity, other companies, or other organizations outside of Belknap, for purposes defined under the law, including but not limited to enforcing Terms and Conditions, contributing to investigations for fraud, security, or technical issues, and protecting against harm to the rights, property, or safety of Belknap, its employees, customers, suppliers, its users or the public.  This may include releasing personal information to these entities.  Belknap reserves the sole right to decide what access, use, preservation or disclosure of information is reasonably needed to disclose to these entities as permitted by law.

Online and Personal Information

Belknap may need to combine and/or link Personal Information provided to us with online information, for the purposes specified above, and in some cases may be sent to third parties.  As a distributor, Belknap fosters relationships and connections with its customers and suppliers.  In some cases information in the form of data is shared.  However, this information is protected closely by Belknap and released only when necessary to the restricted personnel or for purposes dictated by applicable law.

Security Protections

The security of data, specifically Personal Information data is important to us.  We take precautions to secure our website servers, information in our databases, and our communication networks.  However, transmission over the internet and electronic storage can never be 100% secure and we cannot guarantee that a third party will not gain access to this information.  Belknap is not responsible or liable to you for a lack of privacy or security you may experience, if such an event occurs.  You are fully responsible in taking security precautions when using the website and Belknap services.

Modifying and Deleting Personal Information

If you would like to terminate service and delete your personal information, or make changes to your Personal Information please contact the Information Technology Department at Belknap by using this link on our website, with the subject ATTN: IT Department or by calling our phone number at 1-800-283-7500..  A representative will respond to your request promptly.

Subscription Preferences

Our third party services used for email subscriptions enable the use of ‘unsubscribe’ features, which allows you to discontinue receiving emails, newsletters and other information from Belknap.  We respect all wishes to opt out of notifications.  Please note, that if you use multiple email addresses that we have on file you may continue to receive communication to those email addresses until they are unsubscribed from.

Acquisition of Belknap

In the event that a Belknap asset, entity, division, or store is bought, sold, transferred, or in the process of a potential transaction, customer information may be shared for an evaluation of business assets, which includes data and technological Intellectual Property (“IP”).

Minor Protection

Use of the Belknap website and services is meant to be for adults aged 18 and over.  Our website and services are not intended for anyone under the age of 13,and we do not knowingly collect Personal information from minors younger than 13.  If you are a parent or guardian and become aware that your child has provided us with Personal Information, please contact the Information Technology Department at Belknap by using this link on our website, with the subject ATTN: IT Department or by calling our phone number at 1-800-283-7500.  If we become aware that minors under the age of 13 have provided us with Personal Information, we will remove the information from our databases promptly.

Do Not Track Signals

Many web browsers have a “Do Not Track” (“DNT”) or similar feature that signals to websites that the user does not wish to have their online activity tracked.  Belknap does not respond to DNT signals.  It is encouraged that users download and install browser plugins that automatically block tracking technologies for this intended purpose.

Geolocation

Geolocation may be collected to assist us with fulfilling your order or providing you with more accurate information and searches.  This information is treated as Personal information.  You may prevent the service from using your location at any time by turning this option off at a device or browser level.

Changes to our Privacy Policy

Updates may occur to this Privacy Policy as business or technology changes necessitate.  As modifications to this policy are made, the “Last Updated” date will be modified and posted.  The modified policy will be in effect immediately upon posting on the website.  By continuing to use the website and services after this posting, you agree to the conditions laid out in the policy.  We encourage periodic review of this policy, however, if you do not agree to these conditions, you should terminate use of the website.

Governance

This policy is governed by the laws of the Commonwealth of Massachusetts, excluding conflict of rules that would apply to other bodies of law.   Any legal suit, action, or proceeding arising out of, or related to, this Privacy Policy shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, although we retain the right to bring any suit, action, or proceeding against you for breach of this Privacy Policy in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Visitors from outside the United States should note that information may be transferred to, stored, and processed in the United States in accordance with applicable laws.  This Privacy Policy, data protection and other laws in your country may differ from those of the United and States and in some cases may be more or less stringent.  You should discontinue use of the Belknap website or service if you are not comfortable with these laws or information provided in this policy.

If you have any question about this policy, and for information on how to contact Belknap, please visit our Contact Us Page.  You can send us a message by using this link on our website, with the subject ATTN: Legal Department.

Alternatively, please contact us at:

The Belknap White Group
ATTN: Legal Department
111 Plymouth Street
Mansfield MA, 02048
Phone: 1-800-283-7500