STUDIO FTB LLC ( a.k.a. BOX) LEGAL TERMS
These Legal Terms (“Terms”), as amended from time to time, govern your access and use of the online store web pages at http://www.StudioFtB.com that directly link to these Terms (“Site”), including, without limitation, any purchases you make via the Site. YOU ENTER INTO A BINDING CONTRACT UNDER NEW YORK LAW BASED ON THESE TERMS WITH STUDIO FTB LLC (“BOX”, “WE” or “US”) IF YOU ACCESS OR USE THE SITE, OR PURCHASE ANY PRODUCTS ON THE SITE. If you do not want to agree to these Terms, you must leave the Site and cease any access, use or purchase activities.
GOVERNING LAW AND CHOICE OF FORUM.
These Terms, and any disputes arising out of or relating to these Terms, shall be governed by the laws of the State of New York, USA, without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods. All legal proceedings arising out of or in connection with these Terms shall be brought exclusively in the City of New York, State of New York.
DISCLAIMERS AND LIMITATIONS.
Site use and any purchase is “as is” and at your own risk. We make no express REPRESENTATIONS OR WARRANTIES OF ANY KIND regarding the accuracy or completeness of information on this Site or the condition, features or availability of products described or offered for sale on this Site. Product descriptions and photos are for informational purposes only and may not completely match the products, given their unique character and frequent changes in design. We DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT.
Exclusive Remedies: Your sole and exclusive remedy for any dissatisfaction, defects, errors or problems regarding (a) the Site shall be that you leave the Site, and (b) any products that you purchase or attempt to purchase via the Site shall be as expressly set forth in our cancellation & return policies. Our liability shall be limited. STUDIO FTB LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, PROFITS, or REVENUE, OR COST OF COVER, OR ANY SIMILAR OR OTHER DAMAGES ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF STUDIO FTB LLC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of STUDIO FTB LLC to you for any type of damages resulting from your purchase of a product shall be limited to the greater of the actual amount paid by you for any products offered on the Site or U.S. $200.00.
Force Majeure: Except for payment obligations, non-performance or late performance of either party shall be excused to the extent that performance is rendered impossible, commercially unreasonable, or delayed by strike, fire, flood, governmental acts or orders or restrictions, war, acts of terrorism, labor conditions, supply restrictions, communication or shipment problems, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing or late-performing party whether or not similar to the foregoing.
ACCESS AND USE
Property rights: We own or license the server and software on which the Site is hosted, all photos, text, videos and other content displayed on the Site, and all trademarks, logos, product names and other marks as set forth in the STUDIO FTB LLC Intellectual Property Rights Notice, and we reserve our rights to exclude you from any access and use, except as expressly set forth herein.
Limited license: We grant you a limited, revocable (at any time, at our sole discretion), non-exclusive, non-transferable, non-sub-licensable, royalty-free license to access the Site via general purpose Internet browser software for purposes of learning about products for private purpose purchases on the condition that you comply with these Terms, which constitute license limitations and conditions as well as contractual covenants. We do not authorize any other access, use or copying of the Site or any content of the Site, including, without limiting the generality of the foregoing, deep-linking, spidering, crawling, adaptation, or reproduction of the Site or any portions thereof.
Submissions: If you, at your sole discretion, submit any information or other materials to us, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, unlimited (except as we expressly specify in our Privacy Statement or elsewhere on the Site) and fully transferable and sub-licensable right to copy, use, modify, sell and otherwise commercialize such materials throughout the world in any way now known or in the future discovered. You also represent and warrant that the materials are accurate and that you own the required rights to grant us the license specified in the preceding sentence. Do not submit any materials if you cannot comply with these Terms.
PURCHASE OF PRODUCTS.
Private use only: By submitting your order, you represent that you are purchasing for private household use only. We do not authorize any commercial resale. We reserve the right to reject orders and limit order quantities in our sole discretion.
Product information and availability: Without limiting the generality of the disclaimers and limitations set forth in these Terms, given the unique nature of our products we cannot assume any liability or responsibility for any inaccuracies or errors, or for any loss or damage caused by or arising from your reliance on information obtained from or through this Site, and we may change information at any time.
Price, payment, taxes: By submitting your order via the Site, you agree to pay the purchase price for the items you selected plus shipping and handling costs, and all applicable sales, customs, or any other taxes, if any. Depending on the tax laws in your state, or country, you may be required to pay use tax and/or customs tax on purchases for which we do not collect tax.
Delivery: We will deliver the products you purchased to a common carrier at our warehouse for shipment to the destination that you select (other details regarding shipping and delivery are described on the Site). You receive title and you bear all risks of loss and damage to the products from the time we deliver the products to the carrier at our warehouse.
Cancellations, returns: We do not accept any cancellations or returns, except as specified in our Cancellation & Return Policies or required by applicable law.
GENERAL TERMS AND CONTACT INFORMATION.
Changes: We may change our prices, products, these Terms, our Cancellation & Return Policies and our Privacy Statement at any time, at our sole discretion, by publishing changes on the Site or otherwise notifying you.
Severability: If any provision of these Terms is determined to be invalid, illegal or unenforceable, such provision shall be upheld to the fullest extent legally permissible and the remaining provisions of these Terms shall remain in full force and effect. Nothing herein is intended to override mandatory laws to the extent they cannot be contractually altered or modified.
Entire agreement: These Terms and any additional terms that we may specify on the “review your order” page or on our order confirmation shall constitute the entire agreement between you and us with regard to the subject matter hereof, and supersede any prior agreements or understandings.
Contact information: This Site is operated, and all sales are made by
STUDIO FTB LLC
42 N Moore Street, 2nd Floor
New York, NY 10013
RETURN AND EXCHANGE POLICY
Products purchased through the Site can only be returned within fourteen (14) days from the date of the shipping confirmation. The Products must be returned: (i) in their original condition with all tags still attached and/or contained within the product, including but not limited to, all identification tags and authenticity cards; (ii) in their original packaging; (iii) complete with all of their parts and accessories; and (iv) with the original proof of purchase. If the foregoing conditions are satisfied, we will not charge your credit card or, if your credit card has already been charged, refund the purchase price of the returned product(s), sales tax included, less the original shipping costs, or other taxes, to the same credit card used to make the original purchase. WE RESERVE THE RIGHT TO DESIGNATE NON-RETURNABLE PRODUCTS ON THE SITE. ANY SUCH DESIGNATION WILL BE NOTED ON THE WEB PAGE DISPLAYING THE RESPECTIVE PRODUCTS WHICH ARE NON-RETURNABLE. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE.
STUDIO FTB LLC values our customers and respects your privacy. We collect personal information about you in an effort to improve your shopping experience and communicate with you about our products and events. This Privacy Statement (“Statement”) describes the personal information STUDIO FTB LLC collects about you, our collection methods, collection purposes, and what we may do with the information. This Statement covers only data collected through those web pages at http://wwww.b that display a direct link to this Statement (the “Site”). It does not apply to any other data including, without limitation, data that we collect through other web pages at http://www.StudioFtB.com or offline, or data that others collect on websites that are linked or linking to the Site. By visiting the Site, you signify your acceptance of this Privacy Statement and give us your consent to process and use the data in accordance with the practices set forth in this Statement.
Types of Data STUDIO FTB LLC Collects, Our Collection Methods, and Collection Purposes
Through the Site, we receive and collect data that you actively submit as well as data that we passively track:
Actively Submitted Data: When you purchase products through our Site or otherwise actively send us data, you are providing, and we collect, data such as your name, email address(es), billing address(es), delivery address(es), telephone number(s), and credit card information. In each such instances, you will know what data we collect through the Site, because you actively submit it. We collect actively submitted data primarily for the purpose for which you originally sent us the data (for example, to sell and deliver products). We may also use this data internally as research data to improve our products and services, and for purposes of advertising, promoting, and informing you about products, services, initiatives, and events; you can opt out of receiving marketing emails as explained below.
Combinations: We may combine passively collected data with data that you actively submit so as to, for instance, provide better service to Site visitors, customize the Site based on your preferences, compile and analyze statistics and trends, to otherwise administer and improve the Site for your use, and to personalize offers (for example, combined information may allow us to recommend products to you based on what you have liked in the past).
Disclosure of Personal Information
We do not share your personal information with others, except as follows:
We freely share your information with our corporate affiliates, including, without limitation, STUDIO FTB LLC, who may use your information for processing, research and analysis, advertising or promotional purposes, and who may share such information with third parties for their direct marketing purposes or for data processing purposes.
We also grant access to your information to affiliated and unaffiliated service providers and third parties that process or maintain data on our behalf, including, without limitation, website hosting service providers, payment processors, freight forwarders, carriers, and such individuals or companies that conduct, manage or otherwise handle our marketing and promotional campaigns. Such third parties are subject to strict confidentiality obligations and may access and use your information only in accordance with our instructions and not for their own purposes.
We may also share your information to respond to law enforcement requests, court orders or other legal process or if we believe that such disclosure is necessary to investigate, prevent or respond to illegal activities, fraud, physical threats to you or others or as otherwise required by any applicable law or regulation.
Finally, we may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business.
We take reasonable steps to protect personally identifiable information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. But, you should keep in mind that no Internet transmission is ever completely secure or error-free. In particular, e-mail sent to or from the Sites may not be secure.