Terms of Use

Effective Date: 02 June 2017

By using the Studio Tupla (“Company”) website, webstore, or any of its applications, products, services, features, tools or resources (“Site”), you agree to these Terms of Use and our Privacy Policy.

These Terms of Use, together with our Privacy Policy and Squarespace’s Terms of Service, governs your use of the Company’s Site.

We reserve the right to modify these Terms of Use from time to time and will mark new versions with a corresponding effective date. You should check this page regularly to take notice of any changes we may have made. Your continued use of the Site constitutes your agreement to our then-current Terms of Use.

Intellectual Property

The intellectual property rights in all software and content (including photographic images and designs of products) made available to you on or through this Site remains the property of the Company or its licensors, and are protected by copyright laws and treaties around the world. All such rights are reserved for the Company and its licensors. You may store, print and display the content supplied solely for your personal use. That means, among other things, that you are allowed to share our content on social media. However, you are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site, nor may you use any such content in connection with any business or commercial enterprise.

Prohibitions

You must not misuse this Site. You may not commit a criminal offense, transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious or technologically harmful.

The Company will not be liable for any loss or damages caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site, or any websites linked to it.

Terms of Sale

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Items will be shipped upon receipt of full payment. Shipping times may vary according to availability and subject to delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with the Company you must be over 18 years of age. The Company reserves the right to refuse any order or request made by you. When your order is received, we will inform you by email. We will then check availability and accuracy of pricing. If we discover an error in the price of the goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have paid for the goods, you will receive a full refund. Delivery costs, taxes, if applicable, and any other third party expenses will be charged in addition.

Payment

All payments will be processed by Stripe, Inc. and Wells Fargo Bank, N.A, Squarespace’s third party payment service providers, and will be subject to their Terms of Service. Upon receiving monies from the debiting of your card, the products ordered shall be shipped to you.

Title, Risk of Loss

The Company shall deliver the ordered products FOB at the Company’s facility, and title to and risk of loss of the products will pass to the buyer upon such delivery by the Company. Any stated delivery dates are approximate. The Company shall not be liable for any losses, damages, penalties or expenses for failure to meet any delivery date.

Return Policy

Subject to the following, the Company will accept returns on works that you purchased at art show sales, in-studio sales, and those through this website, other than any commissioned works, in exchange for store credit. We shall not refund the purchase price. All returns must be made within 30 days of the date that the works were purchased, or shipped to you, whichever is later. The store credit can be used for future purchases of works on the website, at art show sales, or in-studio sales. Any works returned to the Company must arrive undamaged, unused, and unaltered, and must be returned in accordance with the instructions received from contacting the Company via its online form, in order for the customer to receive the store credit. The customer is solely responsible for the cost of shipping and handling of returned works.

Warranties

The Company provides a limited warranty on furniture purchases.

SUBJECT TO THE IMMEDIATELY PRECEDING PARAGRAPH, THE COMPANY MAKES NO WARRANTY OF ANY KIND REGARDING THE SALE OF ITS GOODS, THE SITE, ANY CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

THERE IS NO WARRANTY THAT (i) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE, ITS SERVERS OR ANY E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) ARISNG OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES.

IF, NOTWITHSTANDING THE FOREGOING, THE COMPANY SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE LIABILITY OF THE COMPANY SHALL IN NO EVENT EXCEED THE PRICE THE BUYER PAID TO THE COMPANY FOR THE SPECIFIC GOODS PROVIDED BY THE SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.

Indemnification

You agree to defend, hold harmless and indemnify the Company and their officers, directors, employees and agents from and against any and all third party claim, cause of action or demand, liability or cost, (including without limitation reasonable legal and accounting fees), as a result of your use of this site or your breach of this Terms of Use.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or that of others. We reserve the right to withdraw linking privileges without notice.

Governing Law

The law of the state of Minnesota, without giving effect to its conflicts of law principles, shall govern all matters arising out of or relating to this agreement and the transactions it contemplates. The parties agree and consent to bring any legal action against the other party arising out of this Agreement or the transactions it contemplates, in the court of Ramsey County, State of Minnesota.

Complaints

We would like to try to resolve disputes when they first arise. So please let us know of any complaints or comments via one of the communication methods provided on our Contact page, Attn: Craig Johnson (furniture) or Carol Rajala Johnson (textiles).