CHLOE PARK STUDIO
TRADE AND CUSTOM ORDERS
TERMS AND CONDITIONS
ARTICLE 1: INTRODUCTION
Chloe Park Studio dba Chloe Park (“Chloe Park”) is willing to provide Buyer with a custom or made-to-order piece of furniture or custom art work or made-to-order household product (“Custom Product”). Buyer’s order of the Custom Product, the Custom Product and/or information offered by Chloe Park is governed by the following terms and conditions (the “Terms and Conditions”). By ordering the Custom Product (“you” or “Buyer”) consent to be bound by these Terms and Conditions and acknowledge your agreement to its terms. If you do not agree to be bound by these Terms and Conditions, you may not order the Custom Product.
Please read the Terms and Conditions carefully, because it is a legal contract and imposes obligations on you as the Buyer.
ARTICLE 2: CUSTOM ORDER
You are purchasing the Custom Product and will own the physical copy of the Custom Product. Apart from the physical copy you will own, Chloe Park retains all other ownership rights in the Custom Product including but not limited to all copyright, patent, trade secret, trademark, moral, termination, authorship, right of publicity, and other proprietary rights (collectively, “Intellectual Property Rights”). You may not reproduce or make derivative works of the Custom Product, or any portion thereof, in any way or in any format now known or hereafter developed.
You will pay the nonrefundable deposit in the amount of fifty percent (50%) of the price of the Custom Products (“Custom Product Price”) at the time of the order (“Non-Refundable Deposit”). Quotes for Custom Products are valid for thirty (30) days unless otherwise agreed to by the parties in writing. The remaining fifty percent (50%) of the Custom Product Price along with taxes, shipping, handling, crating, storage and packing fees (“Final Payment”) will be paid before the Custom Products are shipped to you. A service charge will be imposed on any portion of the invoice that remains unpaid for thirty (30) days or more after receipt, at the highest amount permitted by law. Buyer will be liable for all costs, expenses and fees, including reasonable attorneys’ fees, incurred by Chloe Park in collecting any monies due hereunder.
ARTICLE 3: ORDERING PROCESS
Prior to production of the Custom Product Chloe Park must be in receipt of 1) the Non-Refundable Deposit 2) pertinent details provided by Buyer, 3) Buyer’s approval of all specifications, and 4) receipt of all material (COM, COL, trim, hardware, etc.) provided by Buyer. Chloe Park will send Buyer an order confirmation. If there is any discrepancy in the order confirmation, Buyer must advise Chloe Park in writing within ten (10) business days from the date of order confirmation. Chloe Park accepts no responsibility for items shipped to locations other than the location set forth on the order confirmation. Typical production time (not including shipping) is eight to twelve weeks from the sending of order confirmation.
Chloe Park will notify Buyer the date the Custom Product will be available for shipment and provide Buyer with photographs of the Custom Product. If Buyer is unwilling or unable to accept delivery of the Custom Product, Chloe Park may transfer the Custom Product to storage. Buyer is responsible for the cost of such storage and shall bear the risk of loss or damage to the Custom Product during storage, as well as during delivery of same. A $250 monthly storage fee will be charged if not picked up within sixty (60) days from the date of invoice for final balance due.
All works are one-of-a-kind stoneware / earthenware editions with variations in glazes dependent upon mid fire electric or high fire gas kiln firing. Glaze test tiles can be provided upon request, free of charge, photographs to be sent via email for approval by Buyer. Buyer to cover shipping and handling if glaze test tiles are requested to be sent by post.
Any alterations to an order are subject to a price change – including size, quantity, etc. Glaze color changes are free of charge when confirmed upon placing the initial order. Any changes made after the initial agreement will be charged a fee. All costs are in USD$. For international pricing, please reflect the retail amount as such.
It is the Buyer’s responsibility to inspect the Custom Product upon receipt and confirm that it is free from damage and defects in materials and workmanship. Buyer has five (5) business days from receipt to notify Chloe Park of the non-conformance of the Custom Product. Failure to make any claim against Chloe Park within such 5-day period shall constitute acceptance of the Custom Product and a waiver of said defects, shortages, errors and other claims. Due to the construction of Custom Products by hand and the nature of the materials used in construction, Buyer understands and agrees that the dimensions of the Custom Product may vary. Buyer assumes the risk that their Custom Product will have slight differences in the finish, color, tone, graining, or precise measurements from the ones depicted by Chloe Park on its websites, showroom samples, tear sheets, photographs, and other advertising provided to Buyer. Hand-made products are irregular by nature.
Orders which have been accepted by Chloe Park are not subject to cancellation or changes, except with written approval. Chloe Park may require as a condition of such approval, reimbursement for any costs incurred in production of the original order or additional costs due to changes. Deposits on orders will not be returned on canceled orders.
ARTICLE 4: SHIPPING PROCESS
All orders will be assigned an estimated ship date, please allow 10 – 14 weeks for delivery if not in stock/based on inventory. Buyer is responsible for all shipping & handling costs, based on weight and destination. All such delivery, packing, crating, shipping, insurance, applicable taxes, and similar charges are in addition to the stated purchase price unless noted. All charges are pro forma and will be included on the final balance due notice.
Alternative arrangements in pick ups or delivery will be honored if agreed upon in writing. If the Buyer chooses to manage their own freight and delivery, Chloe Park must be notified of the specific details of the movement. Any rush orders or special deliveries will be at a higher price point than regular ground shipping, to be covered by the Buyer. All orders are shipped via USPS unless requested otherwise by the Buyer. Larger orders are shipped via BTX Global freight shipment on a palette using industrial cardboard crates. At the time of the order, please relay the location’s capacity to receive a crate.
All orders are packed professionally to industry standards for fragile works. Chloe Park reserves the right to make delivery in installments and back order goods unless Buyer expressly states otherwise in writing. If special handling is required to prep an order for shipment, we reserve the right to apply a handling and storage fee.
ARTICLE 5: CLAIMS
Buyer’s specified freight is responsible for inspecting, packaging, and retrieving the Custom Product from an address specified by Chloe Park. The fee to move the product from Chloe Park to a terminal for “Buyer’s own” pick-up will be added to the balance due. All products are moved through a Bill of Lading (BOL). Please note that the location of the pick-up by Buyer or Buyer’s agent may trigger sales tax responsibility at that location.
Buyer should use a qualified receiving warehouse to receive, inspect, consolidate deliveries and facilitate in-home installation. Chloe Park will recommend a receiver for Buyer if requested. All crated goods would go through a professional receiver such as a receiving warehouse. A receiving warehouse acts as an agent for Buyer and is responsible to note any damage and assist the owner with filing a freight claim when any damage is found. A signature on the BOL upon receipt of the product confirms that the products are received in good condition unless an exception is made on the BOL.
Title of ownership to the physical copy of the Custom Product passes to Buyer upon Chloe Park’s delivery to the freight carrier (unless otherwise specified). Chloe Park is not responsible for damage after the Custom Product has been accepted in good order by the shipping company nor is it responsible for damage sustained in transit. If damage is noticed when unpacking, notify the delivery company immediately for inspection and take photographs of the damages.
All visible damage should be noted by the recipient on the freight bill before it is signed by the recipient and the delivery company if possible. If the driver must “drop and dash,” the receiver should note on the BOL that any concealed damage of boxes or crated products will be the responsibility of the carrier or Chloe Park as determined upon inspection of the Custom Product. Full inspection of the Custom Product must occur within 48 hours of delivery and all freight claims must be filed as soon as possible and in accordance with the carrier’s time limits. Do not destroy packing materials until they are inspected.
Claims for such damage or loss must be made by Buyer directly to the freight carrier. Goods damaged in freight cannot be refused by Buyer. Obvious or subsequently discovered damage must be reported in writing to the carrier in accordance with the applicable regulations and time limits.
If a damaged Custom Product is returned to Chloe Park without Buyer first having contacted the shipping company for inspection, Chloe Park will not be able to assist Buyer. Shipments returned to Chloe Park without Chloe Park’s consent in writing will be refused and either re-delivered or stored at Buyer’s expense.
Buyer must inspect shipment upon receipt. All claims must be made within five (5) business days of receipt of goods. Merchandise stored for future use must be checked upon receipt. Failure to make a claim within five (5) business day constitutes acceptance of the goods as is. For claims, save original carton(s) and contents for possible inspection; take photographs; call the carrier to report the damages and receive claim instructions. For all claims, please notify info@chloeparkstudio.com immediately of any damages with photographs.
Returns accepted only if items were damaged in shipping due to our packing process. No refunds for returned merchandise – credit only. Buyer is responsible for breakage, loss or theft if occurred in store, gallery, home staging, et al, in addition to covering the shipping.
ARTICLE 6: LIMITED WARRANTY
Chloe Park expressly warrants that the Custom Product is free from defects in materials and workmanship subject to the exceptions and limitations contained herein. During the first year after Buyer’s purchase of the Custom Product, Chloe Park shall repair or replace, at its option, a Custom Product that has a defect in materials or workmanship. The original buyer must contact Chloe Park in writing with proof of purchase including a clear, detailed description of the issue with the Custom Product.
This warranty does not apply to defects in materials or workmanship or damages resulting from repairs or alterations which have been made or attempted by others. It further does not apply if the damage is due to normal wear and tear, abuse, improper maintenance, neglect or accident or caused by use of the Custom Product for activities other than normal household activities.
NO WARRANTY, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, OTHER THAN THE ABOVE WARRANTY IS MADE WITH REGARD TO THE CUSTOM PRODUCT. CHLOE PARK DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ALL OTHER WARRANTIES.
ARTICLE 7: LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CHLOE PARK STUDIO OR ITS EMPLOYEES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR MISUSE OF OR THE INABILITY TO USE THE CUSTOM PRODUCT, EVEN IF CHLOE PARK OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CHLOE PARK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING UNDER OR RELATED TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE CUSTOM PRODUCT EXCEED THE AMOUNT PAID BY YOU TO CHLOE PARK FOR THE CUSTOM PRODUCT.
ARTICLE 8: MISCELLANEOUS
These Terms and Conditions contain the complete expression of the agreement between the parties with respect to the matters addressed herein and there are no promises, representations, or inducements except as herein provided. These Terms and Conditions may be modified, supplemented or amended in a writing signed by both parties.
These Terms and Conditions shall be binding upon and inure to the benefit of and be enforceable by your successors and permitted assigns. No transfer of any right or interest of Buyer under these Terms and Conditions, in whole or in part (whether voluntarily or by operation of law), directly, indirectly or contingently, shall be permitted without the prior written consent of Chloe Park. Failure by either party hereto to enforce at any time or for any period of time any provision or right hereunder shall not constitute a waiver of such provision or of the right of such party thereafter to enforce each and every such provision. Chloe Park shall not be responsible for delay or failure in performance resulting from acts beyond its control. Such acts shall include, but not be limited to an act of God, an act of war, riot, an epidemic, shortage of supplies, fire, flood or other disaster, an act of government, or a strike or lockout. These Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the state of California. Los Angeles, California shall be the only proper place of venue for all suits arising from or relating to these Terms and Conditions, and any legal proceedings to enforce the provisions hereof shall be brought in the federal or state courts located in Los Angeles, California.