Studio Parterre, LLC
TERMS AND CONDITIONS OF SALE
These Terms shall govern all orders for the sale of goods from PARTERRE to the person or entity (the “Customer”) purchasing PARTERRE’s goods through the use of this website. These Terms supersede any prior written or oral agreement, understanding, representation or promise, and any pre-printed or standard terms and conditions related to PARTERRE’s products, and these Terms are the sole and exclusive terms governing the purchase of the product. To the extent any terms contained herein are different from or inconsistent with any other statement, writing, or communication, the terms in these Terms shall control unless the conflicting is acknowledged in a writing signed by an authorized representative of PARTERRE. For the avoidance of doubt, PARTERRE has and maintains the right, prior to purchase by a customer, to deny a product to any person for any reason or no reason.
PRICES & TAXES; RETURNS: Customer shall pay, in addition to the price for the product(s) on the PARTERRE Final Place Order webpage (it being understood by Customer that the final purchase price identified on such price is the actual price of the product, and, if different, not the price identified on any other webpage within the PARTERRE website), (i) all taxes required to be paid by Customer on account of the purchase of the product(s), whether through PARTERRE’s collection of applicable sales tax through the website payment system, or, if PARTERRE does not collect sales tax, then through Customer paying applicable sales or use tax, and (ii) all required shipping and handling expenses for the product(s) to be shipped to the addressed provided by Customer as part of the ordering process. Customer may return the product(s) for any reason within 30 days of shipping fulfillment of the product so long as Customer returns the product to PARTERRE in like-new condition with no defects or tags removed.
DELIVERY & RISK OF LOSS: Upon Customer ordering any product(s) from PARTERRE, PARTERRE will act in a reasonable manner to ensure delivery to Customer within a reasonable period of time. While PARTERRE may provide good faith estimates to Customer of when a product may be received by Customer, Customer recognizes a number of factors outside of PARTERRE’s control may impact the exact date the product(s) may be received, which could be after the estimate provided by PARTERRE. Such factors may include, but are not limited to, the product(s) being lost or misplaced during shipping, delays in receiving materials and/or inventory, destruction of inventory and/or materials from fire, theft, flooding or other acts of God, other force majeure events. PARTERRE shall have no liability nor carry the risk of loss for any product(s) once they are placed in the care of the third-party carrier transporting the product(s) to Customer. If a product is damaged when received by Customer, PARTERRE will work with the Customer to attempt to make Customer whole and that a replacement product is delivered to Customer, without any cost or expense to Customer and PARTERRE.
LIMITED WARRANTY: Unless otherwise set forth in a writing signed by an authorized representative of PARTERRE, PARTERRE warrants that the product manufactured by it shall be free from defects in material and workmanship when placed by PARTERRE with the delivery carrier. If the product does not conform to the warranty stated above, then Customer will inform PARTERRE in writing (with pictures being provided showing the defect), and as Customer’s sole remedy, PARTERRE shall, at PARTERRE’ option, either repair or replace the defective goods or provide a refund to Customer. Any writing by Customer informing PARTERRE of a product which does not conform to the warranty herein shall be provided no later than fifteen (15) days from delivery of said product. Unless otherwise agreed to in writing, PARTERRE shall not be liable for breach of warranty or otherwise in any manner whatsoever for any product which, following delivery by PARTERRE, has been subjected to accident, abuse, misapplication, improper repair, alteration, or improper usage, or any of Customer’s use of the product in any manner inconsistent with PARTERRE’ written materials regarding the use of the product. THE WARRANTY CONTAINED HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY AVAILABLE TO CUSTOMER AND PARTERRE HEREBY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Customer understands that the warranty granted herein is exclusive to Customer and may not be transferred or assigned by Customer.
LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN EXCEPT SECTION 3 ABOVE: (A) IN NO EVENT SHALL PARTERRE BE LIABLE FOR ANY EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER FORESEEABLE OR NOT, INCLUDING WITHOUT LIMITATION, THIRD PARTY CHARGES AND COSTS, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION, THE NEGLIGENT ACTS OR OMISSIONS, BREACH OF CONTRACT, WARRANTY (EXPRESS OR IMPLIED) OR DUTY (STATUTORY OR OTHERWISE) OR STRICT LIABILITY OF PARTERRE OR ANY OTHER THEORY OF LEGAL LIABILITY; AND (B) PARTERRE’ AGGREGATE LIABILITY ARISING FROM OR IN CONNECTION WITH ALL ORDERS AND CONTRACTS FOR GOODS UNDER THESE TERMS SHALL NOT EXCEED THE CONTRACT PRICE FOR THE GOODS FOR WHICH LIABILITY IS CLAIMED.
APPLICABLE LAW; VENUE; ARBITRATION: The rights and duties of the parties hereunder shall be governed by the laws of South Carolina and exclusive venue for any court action shall lie in Charleston County, South Carolina. Any action or proceeding with respect to this agreement shall be resolved by binding arbitration through the American Arbitration Association (“AAA”) conducted by arbitrator(s) selected by the mutual agreement of Customer and PARTERRE. This agreement is made pursuant to a transaction in interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C.A § 1, without regard to conflict with local applicable laws. The arbitration will be conducted in Charleston County, South Carolina at an office to be determined by the Arbitrator. The prevailing party (as determined by the Arbitrator) shall be entitled to recover the cost and expense of the arbitration, including reimbursement of all reasonable attorneys’ fees, expert witness fees, costs of appeal and costs to enforce the arbitration provision contained herein.
NO OTHER CONTRACT PROVISIONS; OTHER: There are no representations, agreements, obligations, or conditions, expressed or implied, statutory or otherwise, relating to the subject matter hereof, other than contained herein. These Terms constitute a completely integrated agreement and cannot be modified unless modifications are accompanied by signed writing approved by PARTERRE. If any provision hereof is invalid or not enforceable under applicable law, the remaining provisions shall remain in full force and effect. PARTERRE reserves the right to transfer or assign its obligations, rights and responsibilities hereunder, so long as such successor or assign agrees to these Terms. PARTERRE’ failure to require Customer’s performance of any of these Terms shall not serve as a waiver of or diminish PARTERRE’ rights to require strict performance of these Terms.
All users, as a condition of accessing and using the site, acknowledge and agree that they are using the PARTERRE website and products solely for lawful purposes, and that no unlawful dealings or transactions are being facilitated through the use of the site and/or products.
Accuracy of Information
While PARTERRE attempts to ensure information accuracy and consistency among all of its webpages and platforms, there are situations where mistakes will be made and information may be inconsistent. Therefore, it is understood that all information, including product specifications, prices, or other relevant information may be updated by PARTERRE at any time with or without notice. The price of products shall be the final price identified on the check-out page, regardless of whether a different price (whether higher or lower) was inadvertently stated on a different webpage or platform. Additionally, while all pictures of products on the website will be of actual products, each user’s unique settings and configurations may cause colors to appear different from their actual color.
Features and Use
Confidentiality and Non-Disclosure
PARTERRE hereby agrees that it will not disclose to any third party any of the payment information received by PARTERRE during the sale process, such as credit card or debit card numbers, expiration date, security code, or other similar information, unless such disclosure is necessary for PARTERRE to perform its internal business or regulatory requirements. In addition, PARTERRE will not sell any physical addresses and telephone numbers to third parties without your consent, which may be obtained by PARTERRE receiving a specific confirmation of acceptance. In other words, while we may share your data with our business associates who assist PARTERRE in complying with legal and regulatory requirements, or we have otherwise hired to ensure the very best customer service and experience, we will not sell your data to any third party for that party to be able to market or solicit to sell you goods or services or for that that third party to have any of your contact information without your consent.
Data Collected by PARTERRE
Various data is collected each time a person visits the PARTERRE website, including the name of the visitor’s internet service provider, the website used by the visitor to link to the site, the websites the visitor accesses from our site, the visitor’s IP-Address, and other similar data that is not inputted by the user. This data is owned and used by PARTERRE for statistical, business operation, marketing, and other purposes. PARTERRE will not use such data in a manner that identifies you to any third party. Additionally, this data and your identity will not be sold to third parties to solicit to you various goods or services unless you request or have specifically confirmed otherwise, or unless such transmission is helpful in providing you goods or services you have already requested from us.
Data Provided by Users
All information and materials contained on this website including written or video content, data, profiles, graphics, links, ratings or descriptions, or any other items are being provided “AS IS” and PARTERRE is making no warranty as to the accuracy, adequacy or completeness of any information or material, except for official content prepared by PARTERRE. PARTERRE hereby expressly disclaims any liability, and the user agrees that PARTERRE shall not be liable, for any loss, liability, damage, cost, or expense related to or connected to the user’s use of or reliance on the “AS IS” contents of this website. The user recognizes that PARTERRE is not making any warranties of any kind in connection with the website including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and freedom from computer viruses.
PARTERRE shall not be liable for any damages of any kind for any loss or expense suffered by any user in connection with the use of this website including, but not limited to, direct, indirect, special, incidental, or consequential damages.
Links to Other Websites
PARTERRE’s website may contain links to other websites that are not under PARTERRE’s control. Therefore, PARTERRE makes no representation and is not liable for the quality, nature, or reliability of any such links. The links provided are for a user’s experience and possible interest, but does not imply endorsement by PARTERRE unless specifically stated so by PARTERRE.
Sharing of Data
PARTERRE hereby agrees that any data submitted to PARTERRE by a user of the website which is personally identifiable information with respect to such user will be held by PARTERRE and not distributed to any person or third party in a format that could reasonably identify the user without the user’s prior consent. PARTERRE may, however, aggregate, analyze, combine, segregate, de-identify, or otherwise manipulate all such data and use any such data for any purpose PARTERRE deems to be appropriate, so long as the disclosure of any such data does not specifically link or identify a person with any of their PII. Any data submitted to PARTERRE that is not personally identifiable information is owned by and may be used by PARTERRE in any manner that PARTERRE determines.
BY AGREEING TO THESE TERMS AND CONDITIONS, THE USER UNDERSTANDS THAT DATA SHARED WITH THIRD PARTIES IN ACCORDANCE WITH THE PRECEDING PARAGRAPH MAY BE USED BY PARTERRE AND/OR SUCH THIRD PARTIES FOR MARKETING AND OTHER COMMUNICATION PURPOSES.