PLEASE READ THESE TERMS CAREFULLY, AS THEY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS GOVERNING THE ACCESS AND USE OF THE EXPERT SERVICE BETWEEN YOU AND LIFE & DECO, LLC.
PLEASE NOTE: THESE TERMS CONTAIN DISPUTE RESOLUTION PROVISIONS (SEE SECTION 16) WHICH, WITH LIMITED EXCEPTION, REQUIRE (1) THAT YOU SUBMIT DISPUTES YOU HAVE AGAINST LIFE & DECO TO BINDING AND FINAL ARBITRATION, AND (2) THAT YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING. IN ADDITION, PLEASE BE ADVISED THAT THE EXPERT DOES NOT PROVIDE ANY WARRANTIES TO YOU AND THESE TERMS LIMIT OUR LIABILITY TO YOU AS SET FORTH IN SECTIONS 8 AND 13.
Acceptance of these terms. By accessing or using life & deco service in any manner, including, but not limited to, visiting or browsing the site and/or marketplace, or placing orders to purchase any products and/or services (all as defined in section 1 below):
(1) you expressly acknowledge that you have read, understand, and you agree to be bound by all the terms and conditions set forth in these terms, including, without limitation, any additional terms, policies or agreements specified and/or referenced below or otherwise incorporated into these terms,
(2) you expressly affirm, represent and warrant that you meet all of the eligibility requirements set forth in section 2 of these terms and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and
(3) if you use life & deco service and/or purchase any products, services, and/or consultations on behalf of another person, or an entity, organization, or company, you represent and warrant that you have the authority to bind that person, entity, organization, and/or company to these terms and you agree to be bound by these terms on behalf of that person, entity, organization, and/or company (in which case, “you” and “your” as used throughout these terms shall also refer to such other person, entity, organization, and/or company).
1. DEFINITIONS
1.1. “consultations” means interior design consultations provided by designers that may be purchased by users of life & deco.
1.2. "content” means any and all messages, photos, video, audio, images, data, information, text, communications, materials, documentation, and/or content.
1.3. “delivery services” means white glove professional delivery and/or installation services provided by life & deco third party providers for products purchased through a trade vendor.
1.4. “designers” means an interior designers expert that users can connect and engage with through consultation purchased on life & deco website.
1.5. “products” means the home goods and products that users may purchase through third parties and/or vendors.
1.6. “services” means, collectively any services we provide or make available to you in connection with your use of life & deco, including, but not limited to, connecting users with third parties and/or vendors.
1.7. “site” means life & deco website located at www.lifeanddeco.com
1.8. “life & deco content” means the content that is created by or on behalf of life & deco and made available through or in connection with life & deco services.
1.9. “third party content” means content that originates from and/or its owned or provided by individuals, persons, or entities other than life & deco which is made available through or in connection with life & deco service and/or consultations, which may include, but is not limited to, user submissions provided by other users than you, product information (defined in section 13.2 below), profile and background information regarding the designers and any content provided by such designers.
1.10. “trade vendor” means a third party vendor from which life & deco may purchase products on behalf of users through life & deco trade and/or reseller accounts with such third party vendor.
1.11. “trade vendor terms” means the terms and conditions of the applicable trade vendor with respect to your purchase of products through us from such trade vendor, including, but not limited to, those pertaining to, shipping, delivery, installation, returns and/or refunds policies.
1.12. “user submissions” means any and all content, including, but not limited to, any reviews regarding the products and/or services, submitted, transmitted and/or otherwise provided or made available by or on behalf of users in connection with the use of life & deco service and/or any consultations.
2. GENERAL
2.1 OUR SERVICES ARE NOT INTENDED FOR MINORS
Our Services are intended to be accessed and used only by adults and are not directed to minors. As stated in our Privacy Policy, we do not knowingly collect personal identifiable information from anyone under the age of 16 and you should not provide us with any information regarding any individual under the age of 16.
2.1 OUR SERVICE
Life & Deco is an Interior Design Consulting service. The Life & Deco service does not sell directly any furniture, furnishings or accessories (collectively “Merchandise). This means that if you decide to purchase any Merchandise based on our suggestions, then all of your connections shall be between you and that particular vendor and that you expressly agree that Life & Deco will not be responsible for any issues relating to Merchandise, including but not limited to manufacturing imperfections, mislabeled dimensions, damages, shipping problems, late deliveries, out-of-stock items or vendor price changes.
Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy.
Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice.
Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use our Services. You shall not modify, scrape, embed, or frame our Services without our prior written permission.
Subject to the terms of this Agreement and the Privacy Policy, we may offer you various Services. Below are terms and conditions governing these Services.
2.2 CHANGES TO OUR SITE
We reserve the right at any time to:
Any changes we make to the terms and conditions will be effective immediately upon our making such changes available on the Site, and posting notice of such changes on the Site or in another manner in our reasonable discretion. You agree that your continued use of the Site after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to the terms of this Agreement, you should not use the Site. Be sure to return to this page periodically to ensure your familiarity with the most current version of this Agreement.
3. Project Implementation, Furniture Purchases & Returns
At Life & Deco, we take pride in a well-designed space and can’t wait to see your project come together. We encourage you to inspect all items upon receipt and if there is any issue, please contact our trade vendor.
Tips to help you reduce returns:
Tips for a smooth return process:
3.1 Return Policy
Furniture purchased through a third-party vendor is subject to third-party terms such as each vendor’s return policies and warranties. Certain rules and fees apply such as return timelines, return shipping, and pick-up fees.
Life & Deco uses reasonable efforts to display the current and accurate price for furniture and decor items, the item price is dynamic, and the price displayed for any particular item (including shipping, white glove delivery, and assembly charge) is subject to change as vendors change their prices from time to time.
Custom Order and Final Sale items are not eligible for cancellation, return, or exchange.
Life & Deco is not responsible for mismeasurements of suggested furnishings, for item colors, and is not responsible for confirming that suggested merchandise will fit through doorways, hallways, stairways, or elevators. All measurements and colors should be verified by the customer in their space prior to purchasing a product.
Life & Deco strongly recommends consulting with a licensed professional prior to undertaking any construction activity and will not be held responsible for any consequential or punitive damages arising from such activity.
Life & Deco will not be responsible for any consequential or punitive damages concerning furniture and decor deliveries and no action for breach of these Terms and Conditions may be brought more than one year after completion of services by Life & Deco.
3.2 Refund Processing
Check out our refund policy link.
4. Payment Terms.
4.1. Payment and Delivery.
Upon a Sale, Buying Customer will pay the Customer Payment to Life & Deco and the expert Designer will deliver the E-Decor Package to the Buying Customer, in a format specified by Life & Deco. The “Customer Payment” means (i) the price agreed by Customer and Life & Deco when Customer created an order; (ii) the customized prize amount which included the “Designer Fee” and any applicable Taxes. All payments are made through third parties secure platforms on our website.
4.2. General Payment Terms.
All payment will be in US dollars. Each User is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law.
You agree that you are responsible for the collection and/or payment of all Taxes which you may be liable for in any jurisdiction arising from your sale or purchase of any Sold E-Decor Packages via the Site or your provision of design services that are the subject of an invoice issued through the Site. Life & Deco is not responsible for collecting, reporting, paying, or remitting to you any such Taxes. “Taxes” means any applicable duties, sales taxes, GST, VAT or other taxes which may be levied in respect of a transaction contemplated by this Agreement. Any amount that is not paid when due will accrue interest at eighteen percent (18%) per annum or the maximum rate permitted by applicable law, whichever is less, from the due date until paid.
You acknowledge that Life & Deco will not issue 1099 tax forms and further agree that if you are a U.S. buyer purchasing services from our designers, you are solely responsible to issue 1099 tax forms to our designers.
5. Feedback.
If you provide Life & Deco any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Life & Deco all rights in the Feedback and agree that Life & Deco shall have the right to use such Feedback and related information in any manner it deems appropriate. Life & Deco will treat any Feedback you provide to Life & Deco as non-confidential and non-proprietary. You agree that you will not submit to Life & Deco any information or ideas that you consider to be confidential or proprietary
6. Ownership.
You you acknowledge that all the IPR in the Site and Services are owned by Life & Deco. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such IPR. Life & Deco and its suppliers reserve all rights not granted in this Agreement.
7. Indemnity.
You agree to indemnify and hold Life & Deco (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your interaction with any other User,(iii) your violation of this Agreement or any applicable laws. Life & Deco reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Life & Deco. Life & Deco will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. Third Party Sites & Ads.
The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Life & Deco and Life & Deco is not responsible for any Third Party Sites & Ads. Life & Deco provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
9. Term and Termination.
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases; however we reserve the right to continue to use your User Content. Life & Deco will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Even after this Agreement is terminated, the all applicable provisions of this Agreement will remain in effect.
10. Disclaimers.
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. Limitation on Liability.
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID DECORILLA IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. General.
12.1. Changes to Terms of Use.
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
12.2. Governing Law.
This Agreement shall be governed by, and construed under, the laws of the United States and State of New York.
a. Dispute Resolution.
i. Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and Life & Deco arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Life & Deco Site and Service.
ii. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND LIFE & DECO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND LIFE & DECO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
iii. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Life & Deco must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in New York, NY. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York, New York . Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York, New York. This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the New York, New York without giving effect to any law that would result in the application of the law of another jurisdiction.
14.3. Entire Agreement.
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Life & Deco is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Life & Deco, prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
14.4. Copyright/Trademark Information.
Copyright © 2023, Life & Deco. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
14.5. Contact Information.
We are an Interior Design and Architect duo, with more than a decade long exciting journey designing projects between the USA, Italy and the Dominican Republic, all while sharing our lives together travelling through Europe.
© 2023 Life and Deco All rights reserved | Made with ♥ by Paragram Co