Terms and Conditions

 

Agreement between user and www.receptivedesignshop.com

Welcome to www.receptivedesignshop.com. The www.receptivedesignshop.com website (the “Site”) is comprised of various web pages operated by Receptive Design LLC (“Receptive Design”). www.receptivedesignshop.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.receptivedesignshop.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

www.receptivedesignshop.com is a E-commerce Site

We sell furniture and provide design services.

 

Privacy

Your use of www.receptivedesignshop.com is subject to Receptive Design’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting www.receptivedesignshop.com or sending emails to Receptive Design constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Receptive Design does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.receptivedesignshop.com only with permission of a parent or guardian.

 

Cancellation/Refund Policy/Warranty

Once your payment has cleared, you will be notified. Once you are notified, construction will begin and we can no longer issue a refund at that point. We cannot accept returns as we do not keep inventory; every project is made to order. All sales are final. Our Guarantee is as follows: We are certain that our furniture is built to endure the test of time; which is why we offer a lifetime warranty on all of our work. If the joinery ever fails due to craftsmanship, we will repair or replace it. The lifetime warranty we offer guarantees that the joinery in your furniture will never fail during the lifetime of the person who purchases the furniture.  Intact joinery is the most essential component in a piece of furniture. The warranty does not cover damages resulting from abuse, normal wear and tear, or cosmetic damages to the wood surface or to the finish that do not affect the functionality of the furniture.

All of our furniture is properly inspected before it leaves our facility to confirm that the joinery is intact and that any and all visual and structural requirements meet our defined standards.  Once the furniture changes possession to the buyer, the care of the furniture is the buyer’s responsibility, and the warranty is subject to the terms of documentation provided in these terms and conditions.  If the buyer wishes to invoke or apply his/her warranty, it is up to Receptive Design LLC to determine whether the application of the warranty is in fact valid.  If it is visibly or subjectively evident that the joinery failed due to any cause other than improper construction techniques on the builder’s part, such as abuse, misuse, improper care or storage, or storage or use of the furniture in a space, room, or building which was maintained at any point in time, which the furniture in question was present in, with a relative humidity outside of the range of not less than 25% nor greater than 55%; then, the warranty will be void.

Wood is a natural product which engages it’s environment sometimes in unpredictable ways. Over time, after the furniture experiences many years of seasonal changes + moisture exchanges, it is possible for small cracks and splits to develop. By purchasing our solid wood furniture, you are accepting this as a possible risk. If you ever need to apply your warranty, you are responsible for relocating the furniture back to its warranty destination.  A wood finish is only preventing the inevitable…Regardless of the type of finish, it will scratch, dent, and abrade over the years. Unless of course you live in a museum and use a coaster for your coaster. While it is very possible to keep the finish in very good condition for a decade or so, most people don’t tend to protect their furniture in this manner. Refinishing a piece of furniture in time is an essential part of maximizing it’s overall lifespan.  By agreeing to the terms and conditions you accept these risks.  To invoke or apply your warranty, you must meet these conditions + standards, and you must provide proof of purchase, as well as proof of identification that you are in fact the individual who made the original purchase.  Receptive Design reserves the right to deny the application of the lifetime warranty if it finds evidence that any of the conditions above were not met.  By agreeing to the terms + conditions, you accept all of the information provided here.

 

Links to third party sites/Third party services

www.receptivedesignshop.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Receptive Design and Receptive Design is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Receptive Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Receptive Design of the site or any association with its operators.

 

Certain services made available via www.receptivedesignshop.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.receptivedesignshop.com domain, you hereby acknowledge and consent that Receptive Design may share such information and data with any third party with whom Receptive Design has a contractual relationship to provide the requested product, service or functionality on behalf of www.receptivedesignshop.com users and customers.

 

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.receptivedesignshop.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Receptive Design that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Receptive Design or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Receptive Design content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Receptive Design and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Receptive Design or our licensors except as expressly authorized by these Terms.

 

International Users

The Service is controlled, operated and administered by Receptive Design from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Receptive Design Content accessed through www.receptivedesignshop.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless Receptive Design, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Receptive Design reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Receptive Design in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RECEPTIVE DESIGN LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

RECEPTIVE DESIGN LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. RECEPTIVE DESIGN LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RECEPTIVE DESIGN LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RECEPTIVE DESIGN LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/access restriction

Receptive Design reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Receptive Design as a result of this agreement or use of the Site. Receptive Design’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Receptive Design’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Receptive Design with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Receptive Design with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Receptive Design with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Receptive Design reserves the right, in its sole discretion, to change the Terms under which www.receptivedesignshop.com is offered. The most current version of the Terms will supersede all previous versions. Receptive Design encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

Receptive Design welcomes your questions or comments regarding the Terms:

 

Receptive Design LLC

9 Wissa Powey Trail

Shamong, New Jersey 08088

 

 

Email Address:

mark.j.clemmens@receptivedesignstudio.com

 

Telephone number:

609.502.1814

 

Effective as of January 31, 2015