This Site, including all graphics, text, photographs, drawings, software or other material available through the Site (collectively, the 'Content'), is protected by worldwide copyright, trademark and other proprietary laws and treaty provisions.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
Representations and Warranties
You represent and warrant that:
a. you are over the age of 18 and can form a legally binding contract under applicable law.
b. you have provided and will continue to provide only true, accurate, current and complete information about yourself. The billing address you provide on the 'Form' should be the address and phone number your credit card bank has on file for you.
c. you have sufficient authority, if you are purchasing on behalf of a company, to bind that company to the Terms.
You understand and agree that all Content is the sole responsibility of the person from whom that Content originated, which means you are responsible for all Content you post or transmit via the Site.
You agree that you will not use the Site in any way to:
a. transmit any Content that is harassing, unlawful, defamatory, abusive, threatening, obscene, harmful, tortious, invasive of another's privacy or right of publicity, or that infringes any copyright, trademark, trade secret, patent or other proprietary right, or that is otherwise objectionable;
b. transmit viruses or other harmful, disruptive or destructive files, codes or programs;
c. violate any local, state, national or international law or regulation or transmit any Content that you do not have the right to disseminate under law, or contractual or fiduciary relationships;
d. interfere with, disrupt or harm in any way the Site or servers or networks connected to the Site;
e. collect or store personal data about other users;
f. transmit any unauthorized advertising, promotional materials, spam, or other type of unsolicited mass-e-mail to any party who has not agreed to be part of such mailings.
In placing an order, you agree to provide only true, accurate, current and complete information during the check-out process, and agree to update that information to keep it true, accurate, current and complete. The site shall have the right to bar your access if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information.
Orders, Payment Terms
You agree that your placement of an electronic order on the the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required. Terms of payment are within the Site's sole discretion must be received prior to the Site's acceptance of an order. The Site may accept payment via Visa, Master Card or American Express. Personal or Company checks may be used to pay for orders placed over the phone. Merchandise from these orders will not ship until the checks clear, approximately 10 days from deposit. Payments by check must be received within 1 business day in order to secure the items from stock. Orders are not binding until the order is accepted by the Site. The Site may need to verify any information you provide before acceptance of an order, and may cancel or limit an order any time after it has been placed. The Site expressly conditions its acceptance of your order on your agreement to the Terms.
Custom Orders are final sales. All other merchandise can be exchanged or returned for a full refund (less any stated shipping fees) if received within 30 days from the original date of shipment.
To ensure that your return is accepted, your order must be returned in its original packaging, have the Return Label (provided with your order) affixed the exterior of the package and be sent with UPS, Fed Ex or another carrier which provides a tracking number. All returns sent via US Mail must have a 'Delivery Signature Tag' attached to them to ensure that we will be notified when they arrive.
Returns received at our warehouse more than 30 days from the original date of shipment will not be accepted.
We do not accept returns of damaged merchandise that has not first been reported to us. Any unreported damaged goods that arrives at our warehouse is assumed to have been damaged during the return trip. We can not be held liable for returned merchandise that arrives damaged, due to insufficient packaging. Nor can we be held responsible for damaged merchandise that was sent without insurance. Please review the return instructions included with your order for the proper return procedure.
It is the buyer's responsibility to confirm if there are delivery restrictions in their jurisdiction on any ordered items. We do not refund shipping costs on merchandise that is returned due to another jurisdiction's import regulations.
Unless otherwise noted, the Site will make best efforts to ship merchandise within 5 days of the receipt of an order. However, any delivery or shipment date provided by the Site is a good faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. The Site shall not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery. The Site cannot ship to P.O. Boxes. Title to any product and risk of loss passes from the site to you on shipment from the Site¹s facility.
Pricing and Sales Tax
Prices are subject to change. If a discrepancy arises between the price quoted on the Site and on the check-out page, the latter will prevail. In the event a product is listed at an incorrect price due to a typographical or other error, the Site shall have the right to refuse, cancel or limit any order placed for products listed at the incorrect price, whether or not an order confirmation has been sent and/or payment has been made. If payment has already been made and your order is canceled or limited, the site shall refund any payment you made for any item that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. The Site shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New Mexico. You are solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
We have done our best to display as accurately as possible the colors of the products shown on this Web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
All products are constructed from natural materials and inherent variations may occur from piece to piece. Natural materials react to their environment and our products may change overtime in color or appearance. These changes are considered a part of our designs' natural beauty and we assume no liability for them.
There are various separations or cracks on our designs constructed from solid Margosa wood. These naturally occur as the wood dries and shrinks. Over time, some continued shrinkage may accentuate existing separations or generate new ones. This does not compromise the structural performance or integrity of the wood and is considered inherent to the natural beauty of the design.
Pfeifer Studio, LLC assumes no responsibility for the care or condition of any product not returned in 'new' condition within 30 days from the original date of shipment from our warehouse.
You agree to defend, indemnify and hold Pfeifer Studio, LLC and its suppliers harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and the products sold on it.
Changes to the Terms
Pfeifer Studio reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms in whole or in part, at any time. Changes in the Terms will be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes. You should periodically check the Terms of Service link to view the then current Terms.
Changes to the Site
Pfeifer Studio may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that the Site shall not be liable.
You agree that Pfeifer Studio, LLC, in its sole discretion and at any time without notice to you, may terminate your use of the Site, including without limitation, your password and account, and may remove or delete any Content on the Site or within your account, including Content you have provided to the Site or transmitted through the Site. You further agree that the Site shall not be liable for any termination of your use of or access to the Site. In the event of any termination of the Terms, or your use of or access to the Site, you agree that the provisions regarding Intellectual Property Rights, Indemnification, Disclaimer of Warranties, Limitations of Liability, and General shall survive any such termination.
Your Contact With Third Parties
To the extent that this Site contains links to outside services and resources, the availability and content of which the Site does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. The Site shall not be liable for the content, advertising, products or other materials available through such other sites or resources.
No Reselling of Services on the Site
You agree not to sell, resell, reproduce, duplicate, copy or use for any unauthorized purposes any portion of the Site, or use of or access to the Site.
This Site is controlled, operated and administered by Pfeifer Studio, LLC from its offices within the United States of America. The Site makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
Choice of Law and Forum; Arbitration
The Terms shall be governed by the laws of the State of New Mexico, without giving effect to its conflict of laws provisions. Any claim or controversy arising in any way out of or relating to the Terms shall be filed in a court of competent jurisdiction sitting in Bernalillo County, New Mexico. Both parties consent to exclusive jurisdiction in that county, provided, however that either party may elect to settle any litigation in any way arising out of or relating to these Terms of Service by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in Albuquerque, NM, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
All correspondence with the site must be transmitted in English.
DISCLAIMERS –– GENERAL
THE SITE IS OPERATED BY PFEIFER STUDIO, LLC, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, PFEIFERSTUDIO.COM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
PFEIFER STUDIO, LLC ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEB SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL PFEIFER STUDIO, LLC OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PFEIFER STUDIO, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PFEIFER STUDIO, LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEB SITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF NEW MEXICO, UNITED STATES OF AMERICA.
Except as explicitly stated otherwise, notice to the Site shall be given by postal mail to Pfeifer Studio, PO Box 416 Albuquerque, NM 87103-0416. Notice to you shall be given by an e-mail sent to the address you provided during the checkout process or through a general notice posted on the Site's homepage. In addition, the Site may give you notice by certified mail to the postal address provided during the checkout process. Postal notice shall be deemed given 3 days after the date of mailing. E-mail notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
The Terms constitutes the entire agreement between the Site and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, not withstanding any statutes of limitations to the contrary. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. Any failure by pfeiferstudio.com to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.
Last updated May 28, 2013