Terms of Use
Please read these terms carefully
Last updated:
Agreement to Terms
Welcome to Shineplantglow. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Shineplantglow, concerning your access to and use of our website and services. By accessing or using our website, you agree that you have read, understood, and agree to be bound by all of these Terms of Use.
If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the website and you must discontinue use immediately. We reserve the right to change or modify these terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use. It is your responsibility to periodically review these Terms of Use to stay informed of updates.
Intellectual Property Rights
Unless otherwise indicated, the website and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Shineplantglow, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
User Representations
By using the website, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete
- You will maintain the accuracy of such information and promptly update such registration information as necessary
- You have the legal capacity and you agree to comply with these Terms of Use
- You are not a minor in the jurisdiction in which you reside
- You will not access the website through automated or non-human means, whether through a bot, script, or otherwise
- You will not use the website for any illegal or unauthorized purpose
- Your use of the website will not violate any applicable law or regulation
Products and Services
All furniture products displayed on our website are custom-made pieces and may vary slightly from the images shown. Each piece is handcrafted and unique, which means there may be natural variations in wood grain, color, and finish. These variations are not defects but rather characteristics of handmade, artisanal furniture.
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any product or service at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of a product or service.
Custom Orders
Custom furniture orders require a deposit as specified at the time of order. The balance is due upon completion of the piece, prior to delivery. Custom orders cannot be cancelled once production has begun. All sales of custom furniture are final, except as provided in our Return Policy.
Delivery and Installation
Delivery times are estimates and may vary depending on the complexity of the order and current production schedules. We will make reasonable efforts to meet estimated delivery dates but shall not be liable for delays beyond our control. Delivery and installation services are available within our service area. Additional charges may apply for deliveries outside of the greater New York metropolitan area.
Prohibited Activities
You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activities include, but are not limited to:
- Systematically retrieving data or other content from the website to create a collection, compilation, database, or directory without written permission from us
- Making any unauthorized use of the website, including collecting usernames and/or email addresses of users by electronic or other means
- Using the website to advertise or offer to sell goods and services
- Circumventing, disabling, or otherwise interfering with security-related features of the website
- Engaging in unauthorized framing of or linking to the website
- Tricking, defrauding, or misleading us and other users, especially in any attempt to learn sensitive account information such as user passwords
- Making improper use of our support services or submitting false reports of abuse or misconduct
- Interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website
- Attempting to impersonate another user or person or using the username of another user
- Using any information obtained from the website in order to harass, abuse, or harm another person
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website or our products and services that you provide to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Website Management
We reserve the right, but not the obligation, to:
- Monitor the website for violations of these Terms of Use
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use
- Refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof
- Remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
- Otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website
Limitation of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six month period prior to any cause of action arising.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your contributions, use of the website, breach of these Terms of Use, breach of your representations and warranties, or violation of the rights of a third party.
Governing Law
These Terms of Use and your use of the website are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles. Any legal action of whatever nature brought by either you or us shall be brought in the state or federal courts located in Kings County, New York, and you consent to personal jurisdiction and venue therein.
Dispute Resolution
Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled in Kings County, New York, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith.
Corrections
There may be information on the website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
Contact Information
If you have any questions about these Terms of Use, please contact us:
Shineplantglow
132 32nd St, Brooklyn, NY 11232, USA
Phone: +1 718-499-0414
Email: support@shineplantglow.world