Effective as of September 19, 2022
Your access to and use of the Site is subject to your full acceptance of and adherence to these Terms. These Terms apply to all people, who access, view or use the Site (collectively referred to as "Users"). By accessing, viewing and/or using the Site in any way, you agree to be bound by these Terms and to use the Site in full compliance with all applicable local, state, national, foreign and international regulations, rules, and laws. If for any reason you disagree with any part of the Terms, please exit the Site now and stop accessing and/or using the Site in the future.
ARBITRATION NOTICE / CLASS ACTION WAIVER:
YOU AGREE THAT, TO THE FULLEST EXTENT PRIVIDED BY LAW, ALL DISPUTES BETWEEN YOU AND CLOSE DESIGN SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ALL AND ANY CLASS ACTION LAWSUIT(S) AND/OR CLASS-WIDE ARBITRATION.
1. Returns & Exchanges
All orders are final sale and are not eligible for returns or exchanges.
Orders are processed immediately and cannot be canceled at any time.
Each item is unique and handcrafted, and may look slightly different from the images shown on closedesign.com. All customers acknowledge the handcrafted nature of their purchase and understand their product will be uniquely made for them.
Close Design, Inc. is not responsible for any damages incurred during delivery. In the case that any damages or defects are found, our team will assist in facilitating a claim with the carrier. We will follow the claim through on your behalf and ensure that proper repair or replacements occur. Any damages or defects discovered after signature of acceptance become the client’s responsibility and is no longer insured by the carrier.
All products are made to order and will have a 5-10 week lead-time.
To receive more information on the shipping status of your order, please contact client support via email at firstname.lastname@example.org
4. Eligible Users.
These Terms constitute a binding legal contract between you and CLOSE DESIGN. You must read and agree to these Terms before using the Site. If you do not agree with any of these Terms, then you are not authorized to use the Site and you must exit the Site at this time and stop accessing and/or using the Site in the future. You must be at least thirteen (13) years of age in order to accept and be bound by the Terms, and to access, visit and use the Site. If you are under thirteen (13) years of age, please exit the Site now.
If you are at least thirteen (13) years of age but under eighteen (18) years of age, you must ask one of your parents or legal guardians to review and accept these Terms and to allow you to use the Site under their supervision. If you do not yet have a permission from one of your parents or legal guardians to use the Site under their supervision, please exit the Site now.
If you are a parent or legal guardian of a person under the age of 18, by allowing your child to use the Site, you agree to be bound by these Terms and agree to be responsible for your child’s activity on the Site.
5. Use of the Site is for Personal Purposes Only; Commercial Use Prohibited.
Subject to your full adherence to and compliance with the Terms, you may access and use our Site solely for your personal, non-commercial purposes. You may not use the Site and/or any of its contents (including, but not limited to, text, graphics, images, video, information, logos, audio files, HTML text, and/or computer code) for any commercial purpose without the explicit written consent of Close Design. The term “commercial purposes” means using the Site and/or any of its contents directly or indirectly in connection with any business or other undertaking intended for profit. You are also prohibited from doing or participating in any of the following:
(a) Use the Site for any purposes other than your personal, non-commercial purposes.
(b) Copy, sell, lease, license, transfer, assign, modify, alter, or create derivative works of any part of our Site (including, but not limited to, text, graphics, images, video, information, logos, audio files, HTML text, and computer code) or any of our Intellectual Property (as defined below).
(c) Use any robot, automated data access tool, data mining tool, spider, scraper, data gathering or extraction tool, or any other automated means, in order to access, collect, copy, download, record, alter or modify the Site.
(d) Interfere or attempt to interfere with the intended work or processes of the Site;
(e) Compromise the Site’s system integrity or security.
(f) Decipher any transmissions or encrypted data to or from, the Site’s server(s).
(g) Upload, transmit, send or share any computer viruses, malware, worms, or any other software through the Site.
(h) Use the Site in any manner that affects or impacts: (i) the Site’s operation, speed, availability to other users, or performance of our Site; and/or (ii) the stability of our server(s).
(i) Reverse engineer, decode or decompile any part of the Site or its contents or bypass any measures the Site may utilize use to limit, restrict, prevent, restrict or block access to the Site or any of the Site’s data and contents.
(j) Create mirror copies of the Site or any materials thereof and to show or display such mirror copies on any other websites, servers, social media or elsewhere online.
(k) Use the Site in order to develop competing products or services, for benchmarking or competitive analysis of the Site, or to otherwise compete with Close Design, or to gain commercial advantage over Close Design, or to cause any harm to Close Design or its providers, suppliers or other users of the Site.
(l) Misrepresent your identify or affiliation with a person or entity, or hide, or attempt to hide your identity, or impersonate another person.
(m) Use the Site for any fraudulent purposes or use the Site in any manner or for any purpose that violates any applicable laws, regulations, legal requirements or obligations, contractual obligations, intellectual property rights, rights of privacy, rights of personality, and/or any other right of any person.
(n) Remove any trademark or copyright notices, or other proprietary notices from the Site.
(o) Refer or point to the Site or to Close Design in any way or manner that could reasonably suggest or imply an endorsement, relationship or affiliation with or sponsorship between Close Design and you or a third party, other than what is explicitly permitted under these Terms.
6. Suspension and Termination of Access.
Close Design reserves the rights to suspend or terminate your (or anyone else’s) access to the Site at any time for any reason or no reason, with or without advance notice.
7. Restrictions on Service Locations.
The Site is controlled and operated from the United States. Close Design makes no representations that the Site will be available for use in other countries or locations. Those who access or use the Site from other countries or locations are fully responsible for compliance with all applicable United States and local laws and regulations, including but not limited to, all export and import regulations. You are prohibited from using the Site if you live in a country or location embargoed or sanctioned by the United States, or if you are a foreign person or entity blocked, sanctioned or denied by the United States government. You are prohibited from using VPN or other tools or measures to circumvent any such embargos, sanctions or denials.
8. User Data.
9. Product Listings.
All of Close Design’s products displayed on the Site are either unique singular items or else available only while supplies last. In some cases, products displayed for sale at the Site may no longer be available for sale. The prices displayed on the Site are in U.S. Dollars and are valid and effective only in the United States.
The site may post or offer promotions from time to time. Each promotion shall be governed by its own rules published contemporaneous with the promotion.
11. Close Design’s Proprietary Rights; Permissions.
All materials accessible through or available on the Site (including, without limitation, data, meta data, text, software, audio, video, photographs, graphics, logos) constitute the exclusive Intellectual Property of Close Design (“Intellectual Property”), and are protected by trademark rights, service mark rights, trade dress rights, patents, copyrights, moral rights, rights of publicity, trade secret rights and other intellectual property rights. Except as otherwise stated in these Terms, you may not copy, download, reproduce, modify, alter, distribute, republish, or share any such Intellectual Property. You are hereby given a non-exclusive limited permission to access, view, copy, and download the Intellectual Property on this Site solely for personal, non-commercial use, provided that you make no changes or modifications to said materials and that all trademark, copyright and other proprietary notices contained in the materials are retained. Any such permission shall terminate automatically and immediately without further notice if you breach any of the Terms. Upon such termination, you shall immediately destroy any materials that you copied, downloaded and/or stored.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. However, we cannot guarantee that no unauthorized third party will be able to overcome our security measures or get access to User Data. You fully understand and accept the risk and agree that Close Design will not be liable in any way for any such unauthorized access or any harm it may cause you.
13. Warranties and Disclaimers.
The Site and all of its contents are provided on an AS IS basis, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. No information or advice, whether oral or written, obtained by you from Close Design or from the Site will create any warranty not expressly stated herein. Close Design further does not warrant that the Site’s contents are current, accurate, error-free, correct or can be relied for any purpose; that the Site or the products it offers will meet your expectations or requirements; that the Site is free of viruses, malicious code or other harmful components. You will download any data or content from the Site at your own risk and you will be solely responsible for any damage to your computer, mobile or other digital device or any loss of data that may result from any such download from or your use of the Site. All data, information and materials on the Site can be changed at any time at Close Design’s sole discretion and without any notice to you.
14. Links to Other Websites and Services.
The Site may include links to information and websites created and maintained by third parties. The inclusion of links is solely for your convenience and education and is not intended to approve, recommend, endorse or assign importance to any of such third-party websites. Unless explicitly indicated on the Site, the inclusion of any links is not an endorsement of any commercial product, service, process, or enterprise. Close Design cannot assume any responsibility for the content, operation, or policies of other websites. Furthermore, Close Design DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY linked on the Site. Close Design will not be a party to any of your transactions with any such linked websites.
15. Electronic Communications.
You understand and agree that Close Design may, but is not required, to send electronic mail and digital messages to you for the purpose of advising you of any changes or additions to this Site, including to these Terms and for any other purposes as Close Design deems appropriate at it sole discretion.
16. Limitation on Liability.
To the maximum extent permitted by applicable laws, and regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis or legal doctrine, CLOSE DESIGN OR ITS A SUBSIDIARIES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS AND CONTRACTORS SHALL NEVER BE LIABLE TO YOU:
(a) for any damages caused to you as a result of any mistakes, omissions, interruptions, errors, defects, viruses, delays in the Site’s operation or transmission of data, or from any other failure of the Site’s performance for any reason;
(b) for any personal injury, property damage, of any nature whatsoever, that was caused to you as a result of your access or usage of the Site; AND/OR
(c) for any indirect, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, or the inability to use the site or any of their features. the user’s sole remedy is to cease use of the site.
You agree to defend, indemnify and hold Close Design and its subsidiaries, agents, directors, officers, employees, suppliers and contractors harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with any of the following:
(a) Your violation or breach of the Terms;
(b) Your violation of any third-party rights, including without limitation, any Intellectual Property rights or privacy rights;
(c) Your violation of any applicable laws, rules, and/or regulations in the United States or any other country or jurisdiction;
(d) Your willful misconduct.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES
To the fullest extent permitted by law, you agree that all disputes or differences between you and Close Design arising under or which are related to these Terms or in any way related to your access and/or usage of the Site, including purchasing any products from the Site, and upon which an amicable understanding cannot be reached within thirty (30) calendar days, SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.
19. Class Action Waiver.
READ THIS SECTION CAREFULLY AS IT REQUESTS YOU TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CLOSE DESIGN.
To the fullest extent permitted by law, YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST CLOSE DESIGN AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. You further agree that in the event you have any claim against Close Design whatever, ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
20. No Waiver.
The failure of Close Design to insist upon strict adherence to any term or provision of the Terms on any occasion shall not be considered a waiver of Close Design’s rights or deprive Close Design of the right thereafter to insist upon strict adherence to that term or provision of the Terms.
If any part, term or provision of the Terms is held to be unenforceable for any reason, the validity of the remaining parts, terms or provisions of the Terms shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Terms did not contain the particular part, term or provision held to be unenforceable.
22. Governing Law; Jurisdiction and Venue.
The Terms shall be construed, interpreted and applied according to the laws of the State of California without regard to conflicts of law provisions. You agree that Los Angeles, California is the proper venue for all and any arbitration proceedings and the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision set forth in the Terms is found to be unenforceable.
23. Amendments of the Terms.
Close Design may from time to time change the Terms at its own discretion and without giving you advance notice. If we make material changes to the Terms, Close Design may attempt to notify you by email or through a message posted on the Site.
Close Design reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain notifications as required under applicable laws or as described in these Terms. Your continued use of our Site following any such change constitutes your agreement and affirmative acceptance to follow and be bound by the modified Terms. If you do not agree to, or cannot comply with, the Terms as modified, you must stop using the Site.
24. California Residents.
As a provider of electronic commercial services, Close Design advises you that if you are a California resident, in accordance with The Civil Code of California §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.