AGREEMENT BETWEEN USER AND BESPOKLE LLC
Welcome to www.bespokle.co. The http://www.bespokle.co website (the “Site”) is comprised of various web pages operated by Bespokle LLC. http://www.bespokle.co is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices herein(the “Terms”). Your use of http://www.bespokle.co constitutes your agreement to all such Terms. Please read these terms carefully.
ELECTRONIC COMMUNICATIONS
Visiting http://www.bespokle.co or sending emails to Bespokle LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically via email and on the Site, satisfy any legal requirement that such communications be in writing. Bespokle LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this http://www.bespokle.co only with the permission of a parent or guardian.
CANCELLATION/REFUND POLICY
All orders are custom, made to order based on the customer's specifications at the time of ordering and as such, are non-returnable, non-refundable and non-cancellable by you except as provided in the section “SHIPPING, TITLE AND RE-ROUTING PACKAGES”.
CHANGES TO AN EXISTING ORDER
In the event you need to change an existing order, we need to hear from you as soon as possible(within 12 hours) of ordering due to the made and finished to order nature of our products. In addition, you will have an opportunity to make certain changes to the product as described in the “Rendering” Section below. Once your order is in production or ready for shipment, we will not be able to make any changes to it. In every possible case up to the production phase, we will do our best to accommodate you.Changes accepted will be charged accordingly based on the extra labor and production needs.
COLORS
While we have shown the accuracy of our colors to the best of our ability, you recognize that the actual color of any merchandise may differ from that shown on our website due to settings on each individual computer.
RENDERING
Before the production of your product, we will provide to you, for your approval, a rendering of the product you custom ordered. It is your responsibility to review and approve the rendering in a timely fashion but in all cases, you will respond to us within 3 days of receiving any rendering. Any delay in your part to respond to or approve a rendering will delay the production of the product. We cannot begin the production phase of your product until you have approved the rendering. If you do not respond to our request to respond to or approve a rendering within the period set forth above after we have attempted to reach you, we will cancel your order and it will be subject to a ten percent (10%) processing fee.You will promptly provide us with any reasonable comments or changes you require to the rendering but in no event later then3 days from receiving the rendering provided however that the only changes that are allowed at this point are to the colors on the legs of the table. If you have any other changes to the rendering(other than to the color of the legs), then we will be able to cancel your order and the order will be subject to a ten percent (10%) processing fee. If you have any changes to the initial rendering, we will provide you with an updated rendering with such changes for your approval.This process shall continue until you have approved the rendering for a maximum of three (3)times. Any renderings requested after the third rendering shall be charged to you at a time and materials rate.
SHIPPING; TITLE AND RE-ROUTING PACKAGES
You are responsible for all costs of shipping, transportation, insurance, and other charges and costs associated with the shipment of the products ordered which shipping costs and charges will be itemized at the checkout on our website. All shipping dates are approximate and are based on prompt receipt of all necessary information from you and the freight carrier’s delivery schedule from the receiving warehouse and the final delivery destination. In no event shall we be liable for any costs related to delay in delivery of the products.
Notwithstanding the foregoing, if you live in locations that are beyond the standard delivery perimeters serviced by the freight carrier, you will be subject to additional remote area flat fee delivery structures and fuel surcharges that are imposed by the freight carrier in order to make deliveries to those remote areas.Upon confirmation of your order, we will confirm if your location is in one of those territories and we will communicate the freight increases to you and require your approval and any increased amounts due to us before production begins. In the event that you are not in agreement with the additional shipping costs, you have the right to cancel your order within three (3) days of our notification for a full refund except for a non-refundable 3.3% credit card processing fee that is applied and retained by your credit card company in the event you chose to pay by credit card. Any additional shipping costs will be due and payable within three (3) days of our notification to you.
In addition, prices are exclusive of, and you are solely responsible and shall pay all sales, income, stamp, and other taxes, levies, imposts, duties, deductions, charges, fees or withholdings imposed, levied, withheld or assessed by any governmental authority with respect to the manufacture, sale, shipment and use of the products.
All shipping is F.O.B. manufacturer’s facility. Title to the product passes to you upon delivery of the product to our freight carrier.Risk of loss and damage to the products shall pass to you upon the delivery of the product to such freight carrier.
If you are not available for the delivery, if you have entered your shipping address incorrectly or if it is incomplete in any way (missing apartment number, dorm number, room number, mailbox number, etc.), you will be responsible for all fees related to the re-routing of your order.
In no event is Bespokle LLC liable for any damages to the product due to or caused by shipping. Claims for damage to the product that do not arise from a breach of the Limited Warranty (as defined below) are the responsibility of the freight carrier.It is your responsibility to inspect the product upon delivery and take all necessary photographs of any damage.If the shipment arrives with visible exterior damage (crushed box, broken crate, moisture, etc.) note any and all damage in writing on the freight carrier’s bill of lading and take pictures of such damages before you sign for the shipment and release the delivery driver. Bespokle LLC will use commercially reasonable efforts to assist you with submitting a claim to the freight carrier. However, we are not responsible to assist with any claim that, in our sole discretion, is not properly documented. In addition, we will not assist with a claim for shipping damages unless the damages are noted on the carrier’s bill of lading.
LIMITED MANUFACTURER WARRANTY AND DISCLAIMER
BESPOKLE LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCTS ORDERED HEREUNDER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED. BESPOKLE LLC IS SELLING THE PRODUCTS “AS-IS."
”Notwithstanding the foregoing, the manufacturer of the product warrants that for one (1) year from the date of delivery of the product (the “Warranty Period”), the product will be (i) free from defects in material and workmanship that materially impair the use of the product and (ii) will confirm with the specifications set forth in the confirmation statement received by you (the“Limited Warranty’).
This is the manufacturer’s only limited warranty. Notwithstanding the foregoing, the Limited Warranty does not cover: (a) normal wear and tear of the product, (b) product variations due to the natural and inherent characteristics in the live wood, (c) defects or damage occurring due to, or following, product modification and (d) damage caused by misuse, abuse, or negligent treatment of the product by you or (f) the product being moved from its original delivery location.In no event shall we or our vendor or manufacturer be liable for indirect, incidental, punitive, special, or consequential damages in connection with the purchase or use of the product.
If the product fails to conform to the Limited Warranty set forth herein during the WarrantyPeriod, your sole and exclusive remedy available pursuant to these Terms or at law or equity, will be for the manufacturer, at the manufacturer’s option, and provided that the manufacturer has been notified in writing within the Warranty Period and has determined that the product fails to confirm to the Limited Warranty, to either repair or replace the product or refund the purchase price paid by you for the product plus any transportation charges paid by you.In the event that you wish to assert a claim under this section, you must notify Bespokle LLC within theWarranty Period and Bespokle LLC will use commercially reasonable efforts to assist you with submitting a claim to the manufacturer.
THIRD-PARTY LINKS
http://www.bespokle.co may contain links to other websites (“Linked Sites”). The linked sites are not under the control of Bespokle LLC and Bespokle LLC is not responsible for the contents of the linked site, including without limitation any link contained in a Linked Site, or any changes or updates to Linked Site. Bespokle LLC is only providing these links to you only as a convenience and to provide increased value, and the inclusion of any link does not imply endorsement by Bespokle LLC of the site or any association with its operators.
Certain services made available via http://www.bespokle.co are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.bespokle.co domain, you hereby acknowledge consent that Bespokle LLC may share such information and data with any third party with whom Bespokle LLC has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.bespokle.co and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.bespokle.co strictly in accordance with these terms of use. As a condition of your use of the site, you warrant Bespokle LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bespokle LLC or its vendors or suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Bespokle LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of ay protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Bespokle LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bespokle LLC or our licensors except as expressly authorized by these Terms.
INTERNATIONAL USERS
The Service is controlled, operated and administered by Bespokle LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Bespokle LLC content accessed through http://www.bespokle.co in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Bespokle LLC, its officers, managers, members, employees, agents, licensor’s, vendors and suppliers (collectively the "ServiceProviders") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein.
Bespokle LLC and/or its vendors and suppliers may make improvements and/or changes in the Site at any time. Bespokle LLC and/or its vendors and suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics and the Site are provided “as is” without warranty or condition of any kind. Bespokle LLC and/or its vendors and suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics and the Site including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Bespokle LLC and/or its vendors and suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Bespokle LLC or any of its vendors or suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any terms of use, your sole and exclusive remedy is to discontinue using the site.
Bespokle LLC does not represent or warrant that the functions contained in theSite will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Bespokle LLC does not make any warranties or representations regarding the use of the materials in theSite in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
In no event will Bespokle LLC’s aggregate liability under these Terms exceed the total purchase price paid to Bespokle LLC by you for the product.
USE OF SITE
Harassment in any manner or form on theSite, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Bespokle LLC employee or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the 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 other organization.
TERMINATION/ACCESS RESTRICTION
Bespokle LLC reserves the right, its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms and the use of the Site are governed by the laws of the Commonwealth of Massachusetts regardless of the laws that might be applicable under principles of conflicts of law.You hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts, Essex County, in all disputes arising out of or relating to the use of the Site and these Terms. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bespokle LLC as a result of this agreement or use of the Site. Bespokle LLC’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Bespokle LLC's right to comply with governmental , court, and law enforcement requests or requirements relating to your use of theSite or information provided to or gathered by Bespokle LLC with respect to such use. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid is unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.Unless otherwise specified herein, these Terms constitute the entire agreement between the you and Bespokle Tables LLC with respect to the Site and the products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Bespokle LLC with respect to the Site and the products. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
Bespokle LLC reserves the right, in its sole discretion, to change the terms under which http://www.bespokle.com is offered. The most current version of the Terms will supersede all previous versions. Bespokle LLC encourages you to periodically review the Terms to stay informed of our updates.