Last Updated: October 23, 2023
ITEMS INELIGIBLE FOR RETURN:
Products that are Made-to-Order, Cut-to Order, Custom, COM, and/or listed as Final Sale or Not Eligible for Return. Form Los Angeles does not accept returns or provide refunds or replacements for Ineligible Items, except in cases where a product has been deemed Damaged or where the wrong product was sent, in each case, as set forth in the Refund Policy.
ITEMS ELIGIBLE FOR RETURN:
All other products not listed above in Ineligible Items for Return. Returns of Eligible Items must be initiated within 72 hours from the delivery date.
RETURNS OF ELIGIBLE ITEMS:
We hope you love your purchase from Form Los Angeles. Should you wish to send back any Eligible Items (as specified above) you've purchased, you must initiate a return within 72 hours of the delivery date. Should the product’s specifications indicate details within the Ineligible requirements (see above) we cannot guarantee fulfillment of return.
To initiate a return, please email us at email@example.com, and we will provide you with a shipping label, cost of return shipping, and shipping instructions. These instructions will include contact information for the carrier, however, it is your responsibility to schedule a date and time with the applicable carrier to arrange a pick-up time. In order for the return to be eligible, the item must be shipped within seven (7) days of receipt of the shipping label or instructions.
All returned items must (1) be in a resaleable condition (which will be determined in Form Los Angeles’s sole discretion), and (2) be shipped using the shipping label provided by Form Los Angeles and in its original packaging and with all original tags and labels attached. If you do not have the product’s original packaging, the costs for repackaging will be deducted from your total refund.
In addition, all items must be returned using the shipping label provided by Form Los Angeles, and we will not accept the return of any product returned to us using any other shipping label.
REFUNDS FOR ELIGIBLE ITEMS
After receiving your return and inspecting the condition of your item, we will process your return. Please allow at least ten (10) business days from our receipt of your item to process your return or exchange. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company.
Please note, that the original shipping charges incurred on your purchase are not refundable as part of your return. In addition, you will be responsible for the cost of return shipping which will be deducted from your total refund.
We reserve the right to refuse a refund on the item if we find the product not in like-new condition as a result of use or damage caused by the customer.
Note that if you refuse to accept the shipment of any products purchased by you, Form Los Angeles reserves the right to charge you any associated costs, fees, and expenses incurred by Form Los Angeles arising from such refusal, including, without limitation, any return shipping fees, restocking fees, and/or fees for rescheduling delivery attempts.
SHIPMENT OF THE WRONG ITEM(S)
If you have received the wrong item, you must submit a claim to Form Los Angeles within 72 hours of the delivery date by emailing us at firstname.lastname@example.org and providing documentation evidencing the incorrect item was shipped (for example, a copy of the packing slip and your order confirmation, along with a picture of the incorrect product), and we will begin to investigate. All investigations into and the determination of whether an incorrect product was shipped, shall be at Form Los Angeles’s sole and absolute discretion and is final. Should Form Los Angeles conclude the incorrect item was shipped, Form Los Angeles will provide you with a return shipping label for the incorrect item and will ship the correct product to you as long as it is available at the time of contact, at no additional cost to you.
Form Los Angeles will replace and/or accept the return of products that have arrived damaged or defective as described in this Refund Policy.
A product may be considered “defective” if it breaks, disintegrates or does not function in accordance with the product instructions and/or documentation, in each case, within 24 hours of first use, under normal use conditions and subject to adherence with all applicable use guidelines for proper care, cleaning and preservation.
A product may be considered “damaged” if the product arrives with visible damage that renders it unable to function or perform or visibly/cosmetically intolerable.
A “defective" and/or “damaged” product does not include (1) natural variances in the product, including but not limited to veins and pores in natural stone, grain in wood, bubbles in glass, slight differences in color or print, or appearing slightly different in person as compared to the image of such product on the computer; (2) defects or damages arises from the failure by you or any other person to adhere to applicable use and/or care guidelines; or (3) defects or damages resulting from your, or any third party’s misuse, abuse, negligence, or improper or unauthorized use of the products.
To submit a claim for a damaged or defective product, you must send us an email at email@example.com within 48 hours of your receipt the product and include:
If you have not received your product within 48 hours of expected delivery, you can submit a claim for a lost product by emailing us at firstname.lastname@example.org and we will begin to investigate.
A product may be considered “lost” if a shipping carrier is unable to locate it or provide reliable insight into its status. A “lost" product does not include (1) stolen products or product misplaced by you; (2) products that are misdelivered, misplaced, or lost due to a customer’s failure to provide accurate and up to date shipping information; or (3) delays in transit, for any reason. If your tracking information shows that your package was delivered, but you can't find it please do the following within 48 hours of expected delivery:
REVIEW & RESOLUTION PROCESS OF CLAIMS FOR LOST OR DAMAGED PRODUCTS
We will use reasonable efforts to promptly review your claim and will provide you written notice via email of our acceptance or rejection of your claim. All investigation into any damaged, defective and/or lost items shall be conducted by Form Los Angeles, and the determination of whether a product is damaged, defective and/or lost, shall be at Form Los Angeles's sole and absolute discretion, and is final.
For the avoidance of doubt, any claim for lost, damaged and/or defective products shall not be deemed accepted unless and until Form Los Angeles has provided you with written notice of its acceptance.
If we accept a claim for a lost product, subject to availability, Form Los Angeles will use reasonable efforts to ship a replacement product and will provide tracking details and information upon shipment. If we are unable to procure a replacement, we will refund you the fees (including shipping fees) paid by you for the product.
If we accept a claim for a damaged or defective product that we have found to be repairable or salvageable (which shall be determined in our sole discretion), we will offer you the option to either (1) have the product repaired by our service providers at no cost to you, or (2) receive a replacement, subject to availability, in which case, Form Los Angeles will use reasonable efforts to ship a replacement product, and will provide tracking details and information upon shipment. If you choose to replace the product instead of having the product repaired, you will be responsible for any associated shipping fees for such replacement. Form Los Angeles will not issue refunds for any damaged or defective product that we have found to be repairable or salvageable.
If we accept a claim for a damaged or defective product that we have found to be unrepairable or unsalvageable (which shall be determined in our sole discretion), subject to availability, Form Los Angeles will use reasonable efforts to ship a replacement product, at no additional cost, and will provide tracking details and information upon shipment. If we are unable to procure a replacement, we will refund you the fees (including shipping fees) paid by you for the product.
If Form Los Angeles issues a refund or replacement for a damaged or defective or lost Product, we will process the replacements or refund after we have received the applicable product. Please allow at least 7-10 business days from our receipt of your item to process your return. Refunds may take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company and your billing cycle. We will notify you by email when your return has been processed. Replacements are subject to availability, and Form Los Angeles does not and cannot guarantee the availability of any product.
Last Updated: October 23, 2023
This Privacy Notice describes the data collection, use, protection, and privacy practices of Form Los Angeles L.L.C. (“From Los Angeles,” “we,” “us,” and/or “our”) with respect to information and data we may collect, receive and/or process in connection with your use of Form Los Angeles Service (as defined in Section 3 below).
We ask that you please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you have any questions, comments, or concerns regarding this Privacy Notice and/or our data practices, please contact us as set forth in Section 18 below.
BY VISITING OR USING FORM LOS ANGELES SERVICE (OR ANY PART THEREOF), INCLUDING, BUT NOT LIMITED TO, SUBMITTING ORDERS TO PURCHASE PRODUCTS, SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PRIVACY NOTICE AND AGREE TO FORM LOS ANGELES’S COLLECTION AND USE OF YOUR PERSONAL INFORMATION AS DESCRIBED HEREIN.
Table of Contents
1. Changes to this Privacy Notice
Form Los Angeles reserves the right to update or modify this Privacy Notice at any time. Except for material changes as described below in this Section, all updates and modifications to these documents will be effective from the day they are posted on the Site at https://www.form-losangeles.com/pages/terms. If we make any material changes to this Privacy Notice, we will provide reasonable prior notice of these changes by posting a prominent notice of any such changes on the Site, and if we have an email address on file for you, sending a notification to such email address. Material changes to this Privacy Notice will become effective on the date set forth in the notice. It is your responsibility to regularly visit and review this Privacy Notice.
If you do not agree to any updates or modifications to the Privacy Notice, do not visit Form Los Angeles or purchase any Products. Your continued use of, including, but not limited to, the purchase of any Products, Services and/or Consultations after the applicable effective date of the revised Privacy Notice, signifies to us that you acknowledge and agree to be bound by the revised Privacy Notice.
2. Who Processes Your Personal Data?
Your personal data are being processed by Form Los Angeles (as the “Controller“).
To learn more about personal data management or if you have any other questions, please follow the details in How to Contact Us.
3. Information We Collect and Process; Legal Basis for Processing
Information we Collect and Process
The term “personal information” or “personal data” means any information about an individual from which that person may be identified. For example, it may include a person’s name, telephone number, email address, or payment information, and in some jurisdictions, IP address. It does not include data from which the identity of an individual has been definitively removed along with any identifiers connected to such individual (also known as anonymous or anonymized data).
How and what personal information we collect in connection with the use of Form Los Angeles Service depends on how and why you use them. For instance, the information that you provide when you visit and/or browse the Site or sign up for our marketing communications is more limited than the information you provide when you purchase Products, Consultations and/or Services.
Generally, Form Los Angeles collects, processes and/or receives personal information for the following purposes:
When we use the term “Form Los Angeles Service” throughout this Privacy Notice, we mean, individually and collectively, the E-Atleier, and the Services provided by Form Los Angeles.
Legal basis for Processing
Form Los Angeles processes your personal data on the legal basis as follows:
4. Children’s Privacy
Form Los Angeles does not target to persons under the age of 18 and does not knowingly collect personal information from persons under the age of 18. Therefore, we ask you not to provide us with personal information of persons under the age of 18. If we learn that personal information of persons under 18 years of age has been collected on or through Form Los Angeles Service or otherwise provided to us, then we may deactivate the account or otherwise terminate access to Form Los Angeles Service and/or make the content and/or information inaccessible.
5. Sensitive Data
Form Los Angeles does not require you to provide any sensitive data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health and genetics, or biometric data to use Form Los Angeles Service.
6. How Form Los Angeles Uses Personal Information
Depending on how you use Form Los Angeles Service, we use your personal information in the following instances:
In addition, we may use Usage Information for the following purposes:
7. Sharing Personal Information
Aside from disclosing your information to those of our personnel who are authorized to process the information in order to provide Form Los Angeles Service and who are committed to confidentiality, we disclose your personal information only to the third parties as described below.
8. Marketing Communications
If you are a customer of ours and have not otherwise opted out (or with your consent where required by applicable law), or if you have opted in to receive direct marketing emails from us, we may use your personal information to send you marketing information about Form Los Angeles, including, but not limited to, new Products, new features of Form Los Angeles E-Atelier, and/or other products and services of Form Los Angeles, Designers and/or merchants/vendors of the Products that we think may interest you.
You may manage the receipt of marketing and non-transactional email communications you receive from us by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails.
We will use commercially reasonable efforts to process your requests to opt-out of email marketing communications in a timely manner. Note that you cannot opt out of receiving transactional e-mails or communications related to the use of Form Los Angeles Service or your purchase of Products (e.g., requests for support), which, for clarification, are not marketing communications.
In addition, if you have opted-in to our Text Service, we may send you SMS/MMS/OTT text messages as set forth in our Text Service T&Cs. You can opt-out at of the Text Service at any time by following the procedures set forth in the Text Service T&Cs.
9. Accessing, Updating and Correcting Personal information
If you would like to correct or update certain personal information (such as your contact information), please contact us and we will use reasonable efforts to correct and/or update such information.
10. Third Party Social Plug-Ins
On or through the Site, we provide third-party “share” buttons which enable you to share certain content via social media sites (e.g., Facebook, Twitter, Instagram, YouTube, and LinkedIn). These “share” buttons may function as web beacons when you interact with the button. Please note that when you “share” using the buttons, you may send to the third party provider of the “share” button the information that you are viewing. If you are not logged into your account with the third party provider, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the Site to your account with the applicable third party provider. Please refer to each third party’s privacy policies to learn more about its data practices.
11. External Websites
12. Data Retention
Personal information is processed for the period necessary to fulfill the purposes for which it is collected (for example, in connection with Form Los Angeles Service provided to you pursuant to the applicable terms and/or agreement entered into with Form Los Angeles with respect to your use of Form Los Angeles or purchase of any Products and/or Services), to comply with legal and regulatory obligations and for the duration of any period necessary to establish, exercise or defend any legal rights.
13. Data Security and Protection
We have put in place reasonable and appropriate security measures designed to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. For example, we use encryption, secure socket layer, firewalls, and password protection. In addition, we limit access to personal information to those employees, agents, contractors and the third parties who have a business need-to-know.
We also have procedures in place to deal with any suspected data security breach. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and while we take reasonable steps to provide secure services, by using Form Los Angeles Service, you understand and assume the risks associated with your activities on the internet.
In addition, you have responsibility and control over protecting your personal information. For example, you, and not Form Los Angeles is responsible for safeguarding your password, and other authentication information you use to access Form Los Angeles Service. You should not disclose your password and/or authentication information to any third party and should immediately contact us of any unauthorized use of your password or you have reason to believe that your information and/or account is no longer secure.
In addition, as described in this Privacy Notice, Form Los Angeles cannot secure, and has no responsibility for, any personal information that you share or release on your own or that you request us to share or release or share with other users of Form Los Angeles.
14. European Privacy Rights
The European Union’s General Data Protection Regulation and certain other countries’ data protection laws provide certain rights for data subjects. If you are a resident of the European Economic Area, the United Kingdom or another country with data protection laws that provide for certain data subject rights, you may submit a request to exercise your rights.
Users in the European Economic Area and the United Kingdom have the following rights:
The right to be informed - that’s an obligation on us to inform you how we use your personal data (and that’s what we’re doing in this Privacy Notice)
Right of access - The Controller offers you access to your personal data we process. This means you can contact us and request from us a confirmation whether or not your personal data are being processed and if so, you have the right to request access to your data, which we will provide to you in the form of a so-called "registry" (stating, in particular, purposes, categories of personal data, categories of recipients of personal data, storage periods or criteria for determining storage periods).
Right to rectification - You have the right to have inaccurate personal data we have stored about you rectified.
Right to erasure - You may also ask us to erase your personal data from our systems. We will comply with such requests unless we have a legitimate ground to not delete your personal data.
Right to restriction of processing - You may request us to restrict certain processing of your personal data. If you restrict certain processing of your personal data, this may lead to fewer possibilities to use our Services and website.
Right to data portability - You have the right to receive your personal data from us in a structured, commonly used and machine-readable format in order to transmit the personal data to another controller.
Right to object - that’s a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing).
Rights in relation to automated decision-making and profiling - that’s a right you have for us to be transparent about any profiling we do, or any automated decision-making.
Right to withdraw Consent — that’s the right to revoke any consent you may have previously given us at any time, if we have collected and processed your personal information with your consent. Withdrawing your consent will not affect the lawfulness of any processing we conducted with your consent prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
How to use your rights - You may exercise your rights above in writing by sending an email to the contact details in How to Contact Us. You will not have to pay a fee to exercise any of your rights unless your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may require confirmation of your identity depending on your request. We respond to all requests we receive from individuals wishing to exercise their data rights in accordance with applicable data protection laws.
In case you consider our processing activities of your personal data to be inconsistent with the applicable data protection laws, you may lodge a complaint with the local supervisory authority for data protection.
15. California Privacy Rights - Shine the Light
California residents who have provided us with personal information have the right (under California Civil Code§ 1798.83) to request and obtain from us, once each year, the details of any personal information we shared with a third party for that third party’s direct marketing purposes during the prior calendar year. The details would include the categories of personal information and the names and addresses of the third party with which it was shared.
To request information about this sharing, you may submit a request with "Your California Privacy Rights" in the subject line, along with your first and last name, and complete mailing address (including street address, city, state, and zip code) by either: sending an email message or writing to us at the email and/or mailing address specified in the How to Contact Us Section.
If you do not submit and send your request with complete information as set forth above, we will not be able to process it.
16. Nevada Privacy Rights
Under Nevada law, certain Nevada residents may opt out of the sale of covered personal information (which includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online) to a person for that person to license or sell such information to additional persons.
Form Los Angeles does not currently sell your covered information as defined under applicable Nevada law; however, you may submit an opt-out request, which we will honor as required by Nevada law should we engage in such a sale in the future.
You may submit an opt-out request by sending an email message or writing to us at the email and/or mailing address specified in the How to Contact Us Section; along with your full name, any user name, and complete mailing address (including street address, city, state, and zip code), email address (so that we can contact you, if needed, in connection with the request) and confirmation that you are a Nevada resident.
You must provide us with information reasonably requested by us to verify your identity and the authenticity of the request. We typically process these requests within 60 days from the day we receive it (and will notify you within that period if we need an additional 30 days to do so).
17. International Transfers
Form Los Angeles is based in the United States. The personal information that we collect are sent to and stored on servers located in the United States. Such storage is necessary in order to process the information. Form Los Angeles may transfer the personal data that we collect from you to our other offices and/or to the third parties mentioned in the circumstances described above, which may be situated outside of your country or regional area, and may be processed by staff operating outside of your country or regional area. In particular, information provided to us or collected by us likely will be transferred to and processed in the United States by us or our Affiliates and our respective agents and contractors.
In such a case personal data of a User in the European Union is transferred, we transfer your personal data with appropriate safeguards in place to protect your personal data, such as standard contract clauses or binding internal company rules. Regardless of the country in which your personal data is processed, the Controller takes reasonable technical, legal and organizational measures to ensure that the level of protection is the same as in the European Union, United Kingdom, and the European Economic Area.
18. How to Contact Us
By email at:email@example.com; Subject Line: Privacy Request
Last Updated: October 23, 2023
These Purchase Terms and Conditions and apply to your purchase of Products and/or Delivery Services through the E-Atelier and Flagship. These Purchase Terms and Conditions are incorporated into and made a part of Form Los Angeles Terms of Service, and which shall be deemed incorporated therein by this reference as if set forth in full in Form Los Angeles Terms of Service. All capitalized terms shall have the meaning ascribed to them in Form Los Angeles Terms of Service unless otherwise defined in these Purchase Terms and Conditions. In the event of any conflict between these Purchase Terms and Conditions and Form Los Angeles Terms of Service, these Purchase Terms and Conditions shall control solely with respect to the subject matter herein.
1.1. “Delivery Services” means professional delivery and/or installation services provided by Form Los Angeles’s third party providers.
1.2. “Products” means the home goods and products that users may purchase through the E-Atelier and/or through the Flagship.
2.1. Prices. Prices and availability of Products on the E-Atelier and/or Products available in the Flagship are subject to change without notice. Errors will be corrected when discovered and Form Los Angeles reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).
2.2. Orders. You agree that by placing an order to purchase Products and/or Delivery Services through the E-Atelier and/or Flagship and/or directly with Form Los Angeles with respect to purchase products (each an “Order”), constitutes an offer to purchase the Products and/or Delivery Services, as applicable, from us and does not constitute an agreement by Form Los Angeles to sell you the Products and/or Delivery Services.
2.3. Quotes. In most instances, where the Products purchased by you are made-to-order or custom, or special arrangements and/or additional or customized fees are required for the purchase and/or delivery of the Products and/or Delivery Services requested by you, we may provide you a quote via email or other communication method setting forth the special arrangements and/or additional fees for the applicable Products and/or Delivery Services (each, a “Quote”). Upon your acceptance of the Quote (as evidenced by you via email or other communication method), the Quote shall be deemed an Order (as such term is defined above) and an offer by you to purchase the Products and/or Delivery Services as specified in the Quote, including any applicable special arrangements and/or fees. It is your responsibility to check all Quotes for accuracy with respect to the Products and/or Delivery Services requested by you. Form Los Angeles does not take and shall have no responsibility for the fulfillment and/or acceptance of an incorrect Orders by Form Los Angeles that reflect the terms and conditions of a Quote accepted by you as set forth above.
2.4. Order Acceptance. We reserve the right to accept or reject any Order (or any part or item of such Order) in our own discretion. If we accept your Order, you will receive an Order confirmation email at the email address that you provide at the time you placed the applicable Order. Acceptance of any Order by Form Los Angeles is made only on the express condition that these Terms shall govern. Form Los Angeles’s failure to object to provisions contained in any communication from you will not be deemed a waiver of any provision herein. Any additional or different terms proposed by you are hereby deemed material, are objected to, and are rejected by Form Los Angeles unless specifically accepted in a hand-signed writing by an authorized representative of FORM LOS ANGELES. ONCE AN ORDER IS ACCEPTED BY FORM LOS ANGELES, YOU MAY NOT CANCEL YOUR ORDER UNDER ANY CIRCUMSTANCES.
2.5. Order Cancellation by Form Los Angeles. We reserve the right to cancel any Order at any time in our sole discretion, even if such Order has been accepted by us (as set forth above). Without limiting the foregoing, Form Los Angeles reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of or discontinue any Products and/or Delivery Services; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (c) bar any user from making or completing any or all Orders; and (d) refuse to provide any user with any Products and/or Delivery Services.
2.6. Shipping & Handling Charges. You must pay all shipping and handling charges based on the address you provide in your Order. Please note, shipping and handling charges are calculated, and based on the current shipping and handling rates, in effect at the time when you submit your Order and those shipping and handling charges will be included in the total price that you are charged for your Order. If shipping and/or handling costs increase due to a change of address or the shipping and handling rates increase at the time your Order is shipped (for example, with respect to Products with lead times), Form Los Angeles may, in its sole discretion and at its option, require you to pay, and you agree to pay, such additional shipping and/or handling fees or cancel your Order and refund the full amount you paid for the Order, if any.
2.7. Taxes. Except where required by law or where otherwise noted below), all posted prices are exclusive of all tariff, import, customs, duty or other governmental taxes and/or fees, VAT and other sales taxes, and other similar charges (all of the foregoing, collectively, “Taxes”). If your purchase of any Products and/or Delivery Services, as applicable, is subject to any Taxes, you are solely responsible for the payment of such Taxes (other than taxes based on Form Los Angeles’s income), and any related penalties and interest, arising from the payment of the fees, the delivery of the Products and/or Delivery Services, and you expressly acknowledge and agree that we may charge you for those Taxes.
2.8. Payment Terms. You agree to, and shall, pay Form Los Angeles, and hereby authorize Form Los Angeles and its third payment processors to charge you, the fees (including, shipping and handling fees), Taxes, and other applicable charges, specified in the Order submitted by you to Form Los Angeles, or otherwise payable by you to Form Los Angeles as set forth in these Purchase Terms and Conditions, for the purchase of any Products and/or Delivery Services, in accordance with the payment terms specified therein, including, but not limited to, Any amounts payable for Products that are made-to-order and/or Products with stated lead times shall be charged at the time of Order acceptance and are deemed a “prepayment” for such Products. You will be asked to supply certain information relevant to your Order including, without limitation, your credit card number, the expiration date of your credit card (and CCV#), your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) provided by you in connection with any Order. By submitting such information, you grant Form Los Angeles the right to provide such information to our third party service providers for purposes of facilitating the completion of Orders initiated by you or on your behalf. Verification of your information may be required prior to the acknowledgment or completion of any Order.
You agree to, and shall indemnify, defend and hold harmless Form Los Angeles, its employees, contractors, service providers, vendors, and/or agents, from and against any and all claims, actions, demands, liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) arising from (a) your breach of these Purchase and Sale Terms; (b) failure to perform and/or comply with your obligations and responsibilities applicable to any Products and/or Delivery Services purchased by you, (c) your use and/or misuse of the Products and/or Delivery Services you purchase. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, in which case, you agree to cooperate with us in the defense of the claim. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you.
4.1. Disclaimer of Warranties - Generally. THE PRODUCTS (SUBJECT TO THE RETURN POLICY WITH RESPECT TO E-ATELIER AND/OR FLAGSHIP PRODUCTS ONLY) AND/OR DELIVERY SERVICES ARE ALL PROVIDED "AS IS" AND "AS AVAILABLE". FORM LOS ANGELES AND ITS LICENSORS, VENDORS, PROVIDERS, AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
4.2. Disclaimer – Product Information, Colors; Product Listings. ALL PRODUCT INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES AND PERSONAL USES ONLY. YOU UNDERSTAND AND AGREE THAT FORM LOS ANGELES USES COMMERCIALLY REASONABLE EFFORTS TO DISPLAY THE COLORS OF THE PRODUCTS ACCURATELY ON THE SITE. HOWEVER, BECAUSE INDIVIDUAL COMPUTER MONITORS AND/OR DEVICES MAY DISPLAY COLORS DIFFERENTLY, FORM LOS ANGELES IS NOT RESPONSIBLE FOR THE COLOR ACCURACY OF ANY PRODUCTS DISPLAYED ON OR THROUGH THE SITE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
FORM LOS ANGELES ASSUMES NO LIABILITY WHATSOEVER FOR INACCURACIES, MISSTATEMENTS, OR OMISSIONS RELATED TO ANY PRODUCT INFORMATION, INCLUDING, WITHOUT LIMITATION, COLOR ACCURACY OF ANY PRODUCTS DISPLAYED OR LISTED ON THE SITE. YOUR USE OF OR RELIANCE UPON ANY PRODUCT INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY IMAGES OF ANY PRODUCTS DISPLAYED ON OR THROUGH THE SITE, IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE WILL NOT BE LIABLE.
4.3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORM LOS ANGELES BE LIABLE OR OBLIGATED, WITH RESPECT TO THESE PURCHASE TERMS AND CONDITIONS, THE PRODUCTS, AND/OR ANY DELIVERY SERVICES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF FORM LOS ANGELES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR OBLIGATION: (A) IN THE AGGREGATE, FOR ANY AMOUNTS IN EXCESS OF THE GREATER OF THE FEES PAID TO FORM LOS ANGELES BY YOU UNDER THE APPLICABLE ORDER WITH RESPECT TO THE PRODUCTS AND/OR DELIVERY SERVICES GIVING RISE TO THE CLAIM OR LIABILITY, OR ONE HUNDRED DOLLARS ($100.00); (B) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR RIGHTS, or ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND FORM LOS ANEGELS'S REASONABLE CONTROL.
THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THESE TERMS OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. FORM LOS ANGELES DISCLAIMS ALL LIABILITY OF ANY KIND OF FORM LOS ANGELES’S LICENSORS AND SUPPLIERS.
4.4. Application of Limitations and Disclaimers to Consumers. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the disclaimers, exclusions and limitations set forth in this Section 6 may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
4.5. Basis of the Bargain. The warranty disclaimer and limitation of liability set forth above in this Section 6 are fundamental elements of the basis of the agreement between Form Los Angeles and you. Form Los Angeles would not be able to provide Products and/or Delivery Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Form Los Angeles’s suppliers.
Regardless whether Form Los Angeles accepts your Order to purchase a Product and/or Delivery Services, Form Los Angeles will not be liable to you for any delay, non-delivery, non-acceptance, or any other matter (except for Form Los Angeles’s refund obligations in accordance with our Return Policy) due to an event which prevents, impedes, or delays Form Los Angeles's or any of its suppliers, vendors, service providers, contractors and/or subcontractors performance of its obligations hereunder, such as an act of God, terrorism, war or other military or police action, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, changes in applicable law or regulation, uprising, labor dispute, shortage of materials, fire, earthquake, flood, telecommunications or Internet failure, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, or any other natural or man-made eventuality outside of Form Los Angeles’s control.
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. For more details on California Proposition 65, visit: https://www.p65warnings.ca.gov/. These warnings relate to some, but not all, Products (or components contained in Products). For example, crystal glassware, ceramic tableware, and tiffany style lamps may expose you to lead, a chemical known to the State of California to cause birth defects or other reproductive harm, and electrical cords may contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. Please refer to the specific warnings on the Product listing for each Product. If you have any questions regarding a specific Product, please contact us at firstname.lastname@example.org prior to ordering.
Please feel free to contact us at email@example.com if you have any questions about these Purchase Terms and Conditions.
Last Updated: October 23, 2023
1.1. Delivery; Returns.
(a) E-Atelier Products & Delivery Services. Products you purchase through the E-Atelier and/or through the Flagship will be shipped by a third party carrier and/or through our Delivery Services providers to the shipping address provided by you in connection with the applicable Order. As a result, title and the risk of loss, theft, damage or destruction of the Products will pass to you upon our delivery to (or pick up by) the carrier and/or providers of the Delivery Services. EXCEPT AS EXPRESSLY PROVIDED IN OUR RETURN POLICY, THE PRODUCTS AND THE FEES PAID BY YOU FOR THE PRODUCTS AND/OR DELIVERY SERVICES ARE NON-RETURNABLE AND NON-REFUNDABLE.
(b) Shipment & Delivery Timelines. The dates and timelines specified for shipment, delivery and/or manufacture and/or products lead times for the Products are estimates only. Form Los Angeles will not be liable for the failure to ship, deliver, and/or the manufacture and/or production of any Products, including, but not limited to, any Products, by the estimated timelines.
1.2. Compliance with Laws. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, and use of the Products and/or Delivery Services. By placing an Order, you represent that the Products and Delivery Services ordered will be used only in a lawful manner and in accordance with these Terms.
If you purchase Delivery Services, you acknowledge and agree that you are solely responsible for your decisions relating to the Delivery Services. Either you or someone else 18 years of age or older authorized by you must be present at all times during the performance of the Delivery Services. You are responsible for inspecting the Delivery Services and signing any applicable forms and document required by us, or our providers of the Delivery Services. If you are not present during the performance of Delivery Services, the adult present must be authorized by you to inspect the Delivery Services and sign any required forms on your behalf. You are responsible for designating the location where the Delivery Services will be performed, including, without limitation, any required assembly, installation and/or other work required in connection with the performance of the Delivery Services. You are responsible for obtaining any required approvals, permissions, permits, and variances necessary related to the Delivery Services. Form Los Angeles and its providers of the Delivery Services make no recommendation, representation, or warranty regarding the use or location of the Products, including the surface on which they are installed. You acknowledge and agree that you have not relied on any statement made by any of the foregoing parties in determining the use or location of the Products. You assume all risk, including any risk of relocation or removal, arising from the use or location of the Products. You will follow all instructions and warnings relating to the Products and will ensure that all persons who use the Products do the same.
For a custom quote please provide desired dimensions, stone preference, shape and style in your enquiry. Please take note all custom or pre-order items have a 10-14 week lead time until the item is ready for delivery from our Los Angeles warehouse to its final destination.