Terms of service
1. INTRODUCTION
Welcome to The Circus Collection.
Please read our Terms & Conditions carefully on which you may use our Website www.thecircuscollection.com By using our Website, you accept the terms and agree to obey them. If you don't accept them, please don't use the site
2. WHO WE ARE
The Website www.thecircuscollection.com,hereafter referred to as “Website”, is operated by Studio Warm LLC, a Limited Liability Company registered in California. Our mailing address is located at 2201 20th Street, #1, Santa Monica, California, 90405, USA.
When we refer to "we", "us" or "our", we mean Studio Warm LLC. Where we refer to "you" or "your" we mean you, the person using the Services, our customer. When you purchase items using the Website, you are purchasing them from Studio Warm LLC, unless otherwise stated. It is important that you understand that the contract for the purchase of the items is between you and Studio Warm LLC.
3. OUR SERVICES
The Services we offer allow you to search through the Website and purchase items. In order to use the Service you must be over 18 years of age.
4. USE OF THE SITE
You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you. If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them.
Only use the site as allowed by law and these terms. If you don't, we may suspend your usage or stop it completely.
We frequently update the site and make changes to it, but we are not obliged to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.
5. OUR LIABILITY TO YOU IN RELATION TO THE SERVICES
Studio Warm LLC cannot take responsibility for customs clearances on international shipments. Please also note that custom fees and taxes are not included in the total price and dispatch times may vary depending on the destination.
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability which cannot be limited by law.
6. THE GOODS
We attempt to be as accurate as possible in the description of the goods we supply. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the items on the Website are for illustrative purposes only. Although we attempt to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the items. You may contact us to request samples of our finishes prior to placing an order with us.
7. ORDERS
To order items you must be over 18 years of age and possess a valid credit or debit card (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
While we try and ensure that all details, descriptions and prices that appear on the Website are accurate, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
We reserve the right not to fulfill your order if the item ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorization for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
RETURNS
If you are not fully satisfied with your purchase, we will accept returns for items within 14 days from date of purchase.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a proof of purchase, so please print and include your order confirmation with your package.
The costs associated with returning an item to us will be born solely by the customer and will not be refunded paid for by Studio Warm LLC.
Gift cards to our online store are non-returnable items. Gift cards do not expire.
REFUNDS
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment. Studio Warm LLC is not required to offer you a refund and may instead elect to offer you a store credit or refuse the return if the item is not in new and unused condition as specified above.
LATE OR MISSING REFUNDS
EXCHANGES
We only replace items if they are defective or damaged. If you need to exchange an item, send us an email to sales@studiowarm.com to receive instructions for your return.
SHIPPING OF RETURNS
To return your product, you should email sales@studiowarm.com to receive instructions for your return.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund, unless the return is related to a warranty claim.
All returns must be shipped via a trackable shipping service or alternatively shipping insurance must be purchased to cover the full value of the item. We will not be able to process refunds for items which are not received.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
8. DELIVERY AND LEAD TIMESLEAD TIMES
In general, Studio Warm LLC works to fulfill orders placed on the site as soon as possible. Your goods will ship according to the delivery lead times as outlined on the product detail page. Occasionally a product might be out of stock. Where a product is out of stock, we will notify you immediately of the associated lead time and you may cancel the order for a full refund if the proposed delivery time frame does not work for you.
By purchasing the goods on the site, you acknowledge and agree to these shipping timelines and lead times associated with the backorder of out of stock items outlined in these terms and conditions. All production lead times or shipping lead times are estimates and Studio Warm LLC in no way guarantees these timelines are accurate, and will not be liable in any cases or under any circumstances, for shipping or production delays to your order.
RECEIPT OF GOODS
Studio Warm LLC is not responsible for damages that occur during shipping. We make every effort to ensure our goods are packaged carefully to minimize risk of damage during shipping. If the goods received are damaged, please refuse delivery (if possible) or message us at sales@studioawarm.com within 36 hours of receipt in order to initiate the return or replacement of damaged goods.
INSPECTION
It shall be the responsibility of the Customer to inspect and check all goods immediately upon delivery.
Visible damage upon delivery must be acknowledged upon receipt of package(s) by the
Customer and the carrier. Failure to do so may invalidate any claims to the carrier. The Customer will have to notify the carrier immediately regarding any apparent damages in order to file a claim report and the Customer will be required to retain all packaging materials.
Any shortages or damages to the goods must be reported to the Company within five business days. The Customer shall be deemed to have accepted the goods thereafter and after acceptance, the Customer shall not be entitled to reject goods which are alleged by the Customer to be not in accordance with the contract.
Any damages must be documented with photos and reported to Studio Warm LLC Any damage claims by the Customer sent to the Company without photographic evidence will not be authorized.
DOMESTIC AND INTERNATIONAL DELIVERIES
After placing your order you will receive a confirmation email and then an additional email when your item ships. Your goods will have tracking information included in the shipment confirmation email and are usually kept in inventory and will ship within 48 hours of ordering.
Shipping transit times are variable and dependent upon destination. Order cancelation is not possible once the package has shipped.
For International Deliveries: Shipping insurance fees are included in shipping charge. All customs fees, duties and taxes are the responsibility of the purchaser and will not be paid by Studio Warm LLC.
9. PRIVACY POLICY
You do not have to give us any personal data in order to use most of our Website. However, if you wish to send us a message, receive our newsletter via email or order items, you will need to provide certain information to us. This may include your name, address or location, phone number and email address. Please note that in order to order items, you can either check out as guest or register an account with us. Please note we do not keep your payment card details on file. We will keep a record of the purchases you make from us. This means that we can help you quickly with any queries or problems you may have and also to ensure that any information that we send to you is relevant. When you visit our Website, we also automatically collect certain information from you by using "Cookies”.
10. INTELLECTUAL PROPERTY RIGHTS
We are the owner of all intellectual property rights in the Website and in all content posted unless we have specifically indicated otherwise. All content featured on our website are protected by copyright. You are not allowed to print or extract any page on the site for commercial use without a license from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. The Circus Collection designs are the intellectual property of its original designer Corinna Warm. Please beware unlicensed copies exist in the market. You can be reassured that by ordering from Studio Warm LLC you are purchasing an authentic designer product.
11. OUR LEGAL RESPONSIBILITY TO YOU
We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following: Any loss to you arising from use of our site. Loss of income, profit, business, data, contracts, goodwill or savings. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes. We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
12. LIMITED WARRANTY
THE SHORT VERSION:
We pride ourselves in the quality of our products and want our customer's purchase to be a positive experience. We will do our best to make things right if you are not fully satisfied with your purchase. If you notice a defect on a product purchased from us, just send us a message. We want you to love our product for many years to come.
THE LONG (AND LEGAL) VERSION
We warrant to the original Customer, that goods sold by Studio Warm LLC to the Customer shall be free from manufacturing defects in materials and workmanship for an extended warranty period of three (3) years from the date of delivery. This warranty does not apply to light bulbs, which are not products manufactured by the Company and are not supplied by the Company (Lighting fixtures supplied by the Company do not ship with light bulbs).
In the event Studio Warm LLC determines that the warranty is applicable to any goods, within a reasonable time after notification by the Customer of
any damage or defect, we will correct any failure of the product to conform to specifications or any defect in material or workmanship, with either new or used replacement parts. Such repair, including both parts and labor, will be performed at our expense.
If Studio Warm LLC is unable to repair the product to conform to the warranty after a reasonable number of attempts, we shall then decide at our sole discretion, how to repair or replace the defective product without cost to the purchaser.
Studio Warm LLC shall, as the Customer’s sole remedy for breach of warranty and at the Company’s sole option, repair or replace to the Customer the affected goods.
In no event shall Studio Warm LLC be liable for any special, incidental, or consequential damages based upon a breach of warranty, breach of contract, negligence, strict tort, or any other legal theory.
Studio Warm LLC shall not be liable to the customer for defects in the goods caused by fair wear and tear, abnormal conditions of storage or use (including without limitation, exposure to exterior elements, exposure to extremes of temperature, exposure to extremes of humidity); or the application of any treatment or process whatsoever to the goods after purchase (including without limitation, any spray, cleaning or other products).
This warranty does not cover any damage caused by accident or misuse occurring after such Product is delivered including (a) any product, components, or parts not manufactured by the Company; (b) defects caused by failure to provide a suitable installation environment for the product;
(c)improper installation; (d) damage caused by use of the product for purposes other than those for which it was designed; (e) damage caused by disasters such as fire, flood, wind, and lightning; (f) damage caused by unauthorized attachments or modifications (other than by The Company or its authorized representatives); or (g) any other abuse or misuse by the Customer.
Except as expressly provided in these terms and conditions, the Company shall not be liable to the Customer for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever including but not limited to: loss of profits or revenue, loss of
use of the product, cost of substitute equipment or downtime, and/or any third-party claims which arise in connection with the sale of goods to the Customer and all conditions, warranties and other terms implied by statute or common law are excluded to the fullest extent permitted by law provided
that nothing shall exclude the Company’s liability for death or personal injury resulting from its negligence nor any statutory rights of any Customer.
Except as expressly set forth in this agreement, the Company excludes and expressly disclaims all warranties and terms, written or oral, express, implied or statutory, including but not limited to any implied warranties or conditions of merchantability, satisfactory quality, and fitness for a particular use or purpose.
This warranty extends only to the original purchasers who acquire new product from Studio Warm LLC.
STUDIO WARM LLC DOES NOT WARRANT:
- Natural variations in metal or the presence of character marks
- Changes in surface finishes due to aging or exposure to light
- Small imperfections arising due to the hand finished nature of our Circus Collection
- Failure resulting from normal wear and tear
- Damage from prolonged exposure to direct sunlight
Links from our site to other sites are only for information. We don't accept responsibility for other sites or any loss you suffer from using them.
14. VARIATION
We may change these terms from time to time and you must check them for changes because they are binding on you. We also may withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
15. APPLICABLE LAW
The California courts have the only right to hear claims related to our site, and all disputes are governed by the laws of the United States of America and the laws of the State of California.
16. CONTACT US
Please email us at sales@studiowarm.com to contact us about any issues.