SEAN WOOLSEY STUDIO
TERMS + CONDITIONS
Welcome to seanwoolsey.com (the “Site”). These Terms of Use (the “Agreement”) apply to any access to or use of, and/or any purchase of merchandize on or through, the Site. The Site is owned and operated by Sean Woolsey Studio (“Sean Woolsey” or “we”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING, OR PURCHASING ANY MERCHANDISE THROUGH, THE SITE. BY USING OR ACCESSING THE SITE, YOU SIGNIFY YOUR ASSENT TO THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT ASSENT TO THIS AGREEMENT, PLEASE DO NOT USE OR VIEW, AND DO NOT PURCHASE ANY MERCHANIDISE THROUGH THE SITE.
1. Change to Agreement
Sean Woolsey Studio may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the terms and conditions of this Agreement. Your use of the Site after such Amendments have been posted constitutes your agreement with and acceptance of such Amendments.
2. Changes to Site and Services
Sean Woolsey Studio may, at any time and in its sole discretion, modify, add to, delete, suspend or terminate the Site and any information, content, services or merchandize offered on or through out the Site, for any or no reason, and with or without notice.
3. Intellectual Property Ownership
All information, materials, images, software, photographs, articles, functions, text and other content (collectively, “Content”) contained on or offered through the Site and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of Sean Woolsey Studio, its licensors, vendors or content providers or other third parties. The Site and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by WorkOf under the copyright laws of the United States and other countries. Sean Woolsey Studio may change the Site or delete any Content or features or services at any time, in any way, for any or no reason. Sean Woolsey Studio reserves all rights not expressly granted in and to the Site and the Content.
Unless otherwise noted, Sean Woolsey Studio and all other trademarks, service marks, trade names, and logos displayed on the Site are the trademarks, service marks, trade names, and logos of Sean Woolsey Studio. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Site without the owner’s prior written permission. Unauthorized use of Sean Woolsey Studio and all other trademarks, service marks, trade names, and logos displayed on the Site is strictly prohibited.
4. Use of the Site
Content may not be copied, reproduced, republished, uploaded, posted, re- delivered using framing technology, transmitted, displayed, performed, distributed or used in any way without Sean Woolsey Studio's prior written permission; provided however, that users may download one copy of any Content on any single computer and print a copy of that Content solely for their personal, private, non-commercial use. No permission is granted to use the Site icons, addresses or other means to hyperlink other web sites with any page in the Site. Prior written permission must be obtained from Sean Woolsey Studio to hyperlink in any manner to the Site. Sean Woolsey Studio reserves the right in its sole discretion to terminate this permission at any time with or without notice for any or for no reason.
5. Purchases and Other Transactions
If you wish to purchase any product or service or to make a payment to your Sean Woolsey Studio account through the Site (each such purchase or other transaction, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the Site will be treated by us in accordance with the terms and conditions of this Agreement and our Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any Transaction.
Sean Woolsey Studio uses a third party to process payments for transactions. We do not process payments nor maintain your credit card information. This third party payment processor has separate Terms and Conditions that you must agree to as part of the checkout process. We are not responsible for their Terms and Conditions or for the security and privacy of any credit card or other personal information that you submit through them. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
We reserve the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the Site are subject to change without notice. Sean Woolsey Studio shall not be responsible for any errors in the prices, descriptions or expected delivery time of such products or services.
6. Wood Variations
We use and supply high quality real wood, rarely using sheet goods. This may vary for grain, color, knots and other markings. We do our best to select and match as appropriate but we cannot accept returns on the basis of natural variations in regards to real wood.
Wood is an active material, in that it is known to have dimensional and seasonal changes, depending upon many factors including but not limited to: humidity, moisture, temperature.
We purchase and supply wood which has been dried to correct moisture content but sometimes warpage and shrinkage can still occur, especially when the furniture is shipped to drier climates from where it was made. We cannot accept returns that stem from climatic differences, should movement occur in the wood, addressing issues of temperature and moisture usually resolves the issue if delt with immediately.
7. Warranty Disclaimer
While Sean Woolsey Studio uses reasonable efforts to include accurate and up to date information on the Site, Sean Woolsey Studio makes no warranties or representations as to its accuracy. Sean Woolsey Studio assumes no liability or responsibility for any errors or omissions in the information or Content of the Site.
ALL INFORMATION, CONTENT AND MERCHANDIZE ACCESSED FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SEAN WOOLSEY STUDIO MAKES NO WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONDITION OF THE INFORMATION, CONTENT OR MERCHANDISE PROVIDED THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Sean Woolsey Studio DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SEAN WOOLSEY STUDIO DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WORKOF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE, OR AS TO CORRECTNESS, ACCURACY, RELIABILITY, CONDITION OR OTHERWISE REGARDING INFORMATION OR CONTENT ON THE SITE OR MERCHANDISE PURCHASED THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation of Liability
IN NO EVENT SHALL SEAN WOOLSEY STUDIO BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH USE OF THE SITE, ITS CONTENT, INFORMATION OR FROM THE PURCHASE OR USE OF MERCHANIDISE FROM OR THROUGH THE SITE OR FOR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION, INFORMATION OR CONTENT ON THE SITE, EVEN IF WORKOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using the Site, you agree to indemnify, hold harmless and defend the Released Parties from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to reasonable attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Site in violation of this Agreement.
9. Third Party Sites
Certain links on the Site may lead to Web sites, Web pages, and resources (“Third-Party Sites”) maintained by third parties over whom Sean Woolsey Studio has no control. Sean Woolsey Studio accepts no liability or responsibility for any material supplied or contained on such Third-Party Sites or any use of personal information by such third parties. Sean Woolsey Studio makes no representation or warranty as to the accuracy or any other aspect of the information on such Third-Party Sites.
10. Copyright Complaints
Sean Woolsey Studio respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement and is located on the Site, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
A statement that your claim of infringement is based on a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information you have provided is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content. All notices of claimed infringement should be sent to Sean Woolsey Studio copyright agent, whose contact information is noted below:
Sean Woolsey Studio
Attention: Mr. Woolsey
770 West 17th St. Suite 1Costa Mesa CA 92627
11. Shipping, payment and storage fees:
ALL SHIPPING QUOTES ARE VALID FOR 60 DAYS. WE PRIMARILY SHIP CRATED CURBSIDE DELIVERY (MEANING THE ORDER WILL BE DELIVERED TO THE CURBSIDE, DRIVEWAY, OR NEAR YOUR BUILDING AND DOES NOT INCLUDE CRATE DISPOSAL). ALL GAME TABLES REQUIRE 2 STRONG HUMANS ON SITE AT TIME OF DELIVERY TO HELP OFFLOAD THE TRUCK. ALL ORDERS AGREE TO OUR RETURNS, REFUNDS AND EXCHANGES POLICIES. SEE ALL TERMS: seanwoolsey.com/terms-and-conditions
ONCE PAYMENT IS SUBMITTED, NO CHANGES CAN BE MADE TO THE ORDER WITHOUT APPROVAL BY SEAN WOOLSEY STUDIO. CHANGES MAY RESULT IN EXTRA FEES.
PLEASE NOTE THAT STORAGE FEES WILL BE APPLIED IF ITEMS ARE DONE AND CANNOT SHIP BY THE DATE SPECIFIED BY THE CLIENT AT THE TIME OF THE ORDER. ALL GAME TABLES ARE $25/DAY AND CHAIRS ARE $10/DAY, ALL PER ITEM. WE HAVE A 10 DAY GRACE PERIOD - FEES WILL BE BEGIN ACCRUING THE DAY AFTER + PAYMENT OF THE FEES IS REQUIRED BEFORE SHIPPING.
WHEN PAYMENTS ARE SPLIT IN TWO, THE REMAINING BALANCE IS DUE WHEN THE ORDER IS COMPLETED, REGARDLESS OF WHEN ORDERS SHIP.
12. Other Provisions.
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without regard to its conflicts of law principles. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between Sean Woolsey Studio and users of the Site relating to the subject matter contained herein. No delay or failure by Sean Woolsey Studio to take action under this Agreement will constitute a waiver of any of the provisions contained herein, or rights provided hereby, unless expressly waived in writing by Sean Woolsey Studio. No single waiver will constitute a continuing or subsequent waiver. You agree that any cause of action arising out of or related to the Site or this Agreement must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.