Terms and Conditions
We tried to write these terms and conditions to be as easy to understand as possible. If you are uncertain about any of the terms and conditions described on this page, please contact us. The main points you need to know are:
- We only make custom-made furniture after you place an order with us. Because we need to purchase the materials and supplies necessary to make your custom-ordered furniture, you agree that we will charge your credit card at the time when you approve your purchase and place your order.
- Because the furniture is custom-made for you, you cannot return the furniture just because you changed your mind. If there is a defect in the manufacture or damage during shipment, then we will either repair the furniture to like new or make you a new one. We will only provide a refund to you only if we cannot deliver to you the furniture to the size and finish specifications you ordered.
- You understand and agree that different computers, monitors, screens and browsers may render differently the images of the wood veneer and color lacquer finishes shown on this website, and the final product you receive might not exactly match the images on your screen. In addition, you understand and agree that wood veneers are natural products with natural variations in their tone, color, grain pattern and texture.
- You understand and agree that 5 to 7 weeks delivery time is a general guidance on how long it takes for us to make and deliver your order. We will do all we can to meet this schedule, but you understand that there might be conditions and events outside of our control that might affect the schedule. We will keep you informed of the delivery schedule as often as necessary. If we cannot deliver your order in less than 12 weeks, then we will provide you with an option to receive a full refund in lieu of the product.
- We are craftsmen and take pride in our work. We always measure twice and cut once. But we are human too. You understand that the final size of your product might be within +/- 3 mm (one eighth of inch) of the size dimensions you specified. If any of the sizes is off by more than 3 mm, then we will hang our heads in shame and make you a new furniture to the size dimensions you specified at no extra cost to you.
- In order for them to be used in a safe manner, some of our furniture designs are specifically designed and meant to be attached to walls, ceilings or floors by screws and anchors generally available from most hardware stores. When so indicated, you agree that you will attach the furniture to walls, ceilings or floors with appropriate screws and anchors. Because different types of walls, ceilings and floors require different types of hardware, we cannot provide you with the hardware.
- You agree that you will use the furniture responsibly. This means that you will not, or allow anyone in your house to, stand on it, push it, climb it, or put too much weight on it beyond what it was designed for.
- We will protect your personal information and use it only for the purpose of fulfilling your order. If we send you any marketing information, it will be with your consent, which you can withdraw at any time.
TERMS OF SERVICE
Overview: This website is operated by 1x1 Modern Custom Furniture, LLC, a liability limited corporation registered in the State of California, USA. Throughout the site, the terms “we”, “us”, “our”, “1x1 Modern”, and “1x1 Modern Custom Furniture” refer to 1x1 Modern Custom Furniture, LLC. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Section 1 - Online Store Terms: By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 - General Conditions: We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer within our networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information: We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Modifications to the Service and Prices: Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Products or Services: Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We also use natural wood veneer in our products and there may be natural variations in the wood for which we are not responsible. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. After your order is placed, we reserve the right to deliver the product or service at any time we deem appropriate or possible. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality or the size of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We make and sell certain furniture which must be attached to walls, ceiling or floors. It is your responsibility to know which furniture requires to be attached to walls, ceiling or floors and doing so appropriately and diligently.
Section 6 - Accuracy of Billing and Account Information: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree that we can bill you and charge your credit card at the time of your order. Any product or service you wish to return, you may do so only in accordance with our Return Policy.
Section 7 - Optional Tools: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-Party Links: Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - User Comments, Feedback and Other Submissions: 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 we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 12 - Prohibited Uses: In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer of Warranties; Limitation of Liability: We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall 1x1 Modern Custom Furniture, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification: You agree to indemnify, defend and hold harmless 1x1 Modern Custom Furniture, LLC, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15 - Severability: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 - Entire Agreement: The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 - Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California.
Section 19 - Changes to Terms of Service: You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Because the product we make and sell to you is custom-made for you, you cannot return the product for refund because you changed your mind, deemed that the product no longer meets your needs, or decided that you no longer want it.
We guarantee you 100% satisfaction with your purchase. If a product has a defect in manufacture or is damaged during shipment, then you may choose to send it back to us at our expense for an exchange for a like product. You have up to fifteen (15) days after you receive your product (the "Inspection Period") to inspect it for any defects and to notify us at firstname.lastname@example.org. After the Inspection Period has past, unfortunately we cannot offer you a refund or exchange.
To send a defective product to us for an exchange, notify us at email@example.com and we will send you a paid shipment authorization form. After your return is received and inspected, we will send you an update on when you can receive your exchange product. Since the like product has to be custom-made again, it will take another 5 to 7 weeks for you to receive it.
If we deem that there is no defect to the product, either in the manufacture or during shipment, then we reserve the right to send the original product back to you at your expense. To receive your product again, you will have to pay us for the new shipping charges.
We will offer to provide you with a refund if we cannot deliver the product you ordered within twelve (12) weeks of your order date (or 24 weeks of the original order date, in the event of an exchange). However, you can choose to wait until you receive your product in lieu of a refund. We will provide you with an update of a new delivery date. Any refund will be processed as a credit to your credit card or original method of payment.
Section 1 - What We Do With Your Information: When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Using your personal information collected, we may send you emails about your order or to answer any questions you send to us. With your permission, we may also send you emails about our store, new products and other updates.
Section 2 - Your Consent and Withdrawal of Your Consent: When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only, including sharing your personal information with any third-parties necessary to fulfill your order. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at firstname.lastname@example.org.
Section 3 - Disclosure: We will not disclose or sell your personal information to any other third-parties for marketing purposes. We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Section 4 - Shopify: Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
Section 6 - Security: To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Section 8 - Age of Consent: By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.