Terms and Conditions
By accessing or using www.basilebuilt.com (“the BASILE Built website” or “Site”), you consent to our website Privacy Notice and these Terms and Conditions. Your continued access or use of any portion of the Website will constitute your acceptance of these Terms and Conditions including any updates thereto. In addition, by ordering products or using services of the Website, you acknowledge that you have read and reviewed these Terms and Conditions in their entirety, you agree to the Terms and Conditions and the Privacy Notice and you further agree that these Terms and Conditions constitute binding and enforceable obligations on you.
- You must be at least 18 years of age to use the Site or have a legal guardian agree that you can use the Site.
- If you are using the Site on behalf of a business, then you must have authority, and your use of the Site is a warranty that you have the authority, to bind that business to these Terms and Conditions.
- You are responsible for ensuring that your use of the Site complies with all laws, rules and regulations applicable to you. These Terms and Conditions are void and use of the Site is revoked where use is prohibited.
Use of the Site
Subject to your compliance with these Terms and Conditions, we allow you to access and use the Site. You may not use any aspect of the Site, including without limitation, providing links to the Site or using any content or information available on the Site, emails, or newsletters, for any resale, commercial, or public use, without our prior express written approval. You may not make any copies or derivative uses of any content or information available on the Site without our prior express written approval.
You may not download or copy any information, service or content on the Site for the benefit of a third party, or use data mining, robots, or similar data gathering and extraction tools.
You agree that you will not use this Site, any products ordered through the Site, or any of its content or services for any illegal or prohibited purpose. You are also prohibited from accessing data not intended for you, attempting to breach our security measures, interfering with the use of or access to the Site, attempting to decipher, decompile, disassemble or reverse engineer any software used by or on our Site, or using any engine, software, tool or other mechanism, including without limitation, browsers, spiders or robots, to navigate or search our Site.
The Site is not intended for or directed to individuals under the age of eighteen.
If you wish to purchase any products or services through the Site, we may ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Notice. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. If merchandise is not available by the time your order processes, we will notify you of this via email.
We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Liability and Disclaimer
BASILE Built provides information, forms, options, and other services on the Site in order to facilitate the purchase of furniture, lighting fixtures, and accessories. The information, forms, and services provided by this Site neither represent nor substitute for financial and/or legal advice. As always, we at BASILE Built encourage you to seek independent financial and/or legal advice from the appropriate professionals.
BASILE Built, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of BASILE Built’s officers, directors, employees, or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party regarding the BasileBuilt.com website in any way relating to the use of, inability to use, or the results of the use of the website or any websites linked to the website, including but not limited to personal information, data or other property relating to your access to or use of the website.
By providing information to BASILE Built via email or via online forms you assume all risk that such information may be misappropriated or misused by an unintended third party recipient. Please see our Privacy Notice for further information regarding BASILE Built’s commitment to protecting your privacy.
You are solely responsible for your conduct on the Site, including for any data, text, information, graphics, profiles, audio, and video that you post, submit or display via the Site.
DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY
THE SITE AND ANY INFORMATION, PRODUCTS, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, ITS CONTENTS, THE PRODUCTS REFERENCED ON THE SITE, OR THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE SERVICES AND PRODUCTS OFFERED THROUGH THE SITE IS AT YOUR SOLE RISK.
IN NO EVENT WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR AFFILIATES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SITE, OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, WE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND SUBJECT TO A 50% RESTOCKING FEE APPLIED DUE TO THE CUSTOM FABRICATION NATURE OF THE PRODUCTS, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SITE AND FUNCTIONALITY PROVIDED THEREBY. OUR MAXIMUM LIABILITY ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU.
NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS AND CONDITIONS.
This Disclaimer of Warranties and Limitation of Liability shall apply to the extent not prohibited by applicable law. Certain applicable law may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Unless noted otherwise, all information, content, forms, and images on BASILE Built website are owned by BASILE Built with all resultant copyright and/or other proprietary rights regarding such material. Excepting use expressly authorized on the website by BASILE Built, all information, content, forms, and images may not be copied, modified, sold, or distributed without the express consent of BASILE Built.
Third Party Affiliates
The Site may provide links to third party websites. We take no responsibility and assume no liability for any content, warranties, representations, purchases, or any statements or activities made on or in connection any third party websites or services. WE ARE PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY US OF THE SITE.
The Site is controlled and operated from the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Arbitration and Class Action Waiver
This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act, and you agree that this section satisfies the writing requirement of the Federal Arbitration Act. We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms and Conditions, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Site, (ii) any data or information you may enter into the Site or that we may gather in connection with such use or interaction, and (iii) our products and services, you will not have the right to pursue a claim in court, or have a jury decide the claim, and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site, you agree to binding arbitration administered by JAMS. The JAMS Arbitrator shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, and be located in the State of California.
Indemnification: You agree to indemnify and hold us, our officers, shareholders, employees, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms and Conditions, Privacy Notice, any other agreement with us, any representation or warranty contained herein or therein or any applicable law; (ii) any materials submitted by you using the Site; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person.
Severability: If any provision of these Terms and Conditions, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms and Conditions, and the remainder of these Terms and Conditions and such provisions as applied to other persons, places and circumstances will remain in full force and effect.
Captions: Any heading, caption or section title contained in these Terms and Conditions or the Privacy Notice is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
No Waiver: No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
Entire Agreement: The Terms and Conditions and the Privacy Notice are the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
Reservation: All rights not expressly granted to you in these Terms and Conditions are reserved and retained.
Either you or we may terminate your access to the Site and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms and Conditions. Upon termination for any reason, your right to access and/or use the Site will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. We will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access the Site and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account.
The effective date of these Terms and Conditions is August 7, 2017. We may update the Terms and Conditions at any time in our sole discretion. When it is updated, the updated Terms and Conditions will be made available on the Site for your convenience.
If you have any questions regarding the Terms and Conditions, please contact us:
- By mail to Site Terms, c/o BASILE Built, 840 Eleventh Avenue San Diego, CA 92101; or
- By email to firstname.lastname@example.org.