Terms & Conditions
Agreement between User and Zetlands Design LLC., doing business as Wilson Studio, regarding wilsonstudiola.com.
Welcome to wilsonstudiola.com. The wilsonstudiola.com website (the "Site") is comprised of various web pages operated by Zetlands Design LLC. ("Zetlands," “we,” “our,” “us”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms of this agreement (the “Terms and Conditions”). Please read these Terms carefully and keep a copy of them for your reference.
SITE OVERVIEW AND EXPLANATION:
The services provided include the display and sale of Zetlands’ custom designed furniture and home accessories.
Privacy
Your use of the Site is subject to Zetlands’ Privacy Policy. Please review our Privacy Policy, which is hereby incorporated by reference in its entirety. Our Privacy Policy also governs the Site and informs users of our data collection practices and can be accessed here: https://www.wilsonstudiola.com/privacy-policy.
Effective Date
These Terms and Conditions are effective as of the “Effective Date” date specified below. We may change these Terms and Conditions at any time. Your continued use of the Site after any such change will constitute your acceptance of any modified terms.
Transmission of Personal Information
Your use of the Services may involve the transmission to us or third parties of certain personally identifiable information. Our policies with respect to our collection and use of such information are set forth in our Privacy Policy.
Electronic Communications
Visiting the Site or sending emails to Zetlands constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Zetlands is not obligated to monitor any transmission made through the respective web pages and newsgroups. However, Zetlands has the right, but not the obligation, to monitor any transmission made to and for this website. Zetlands may use or disclose information gathered from the site.
Intended Audience
The Site is controlled, operated and administered by Zetlands from its offices within the USA. This site is solely intended for use by US residents, certain foreign nationals and certain European residents.
Your Account
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account, your password (if you choose to use one), and any third-party account and password (such as Facebook) that you use to log into your account on the Site. You are also responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Zetlands is not responsible for third-party access to your account that results from theft or misappropriation of your account. Zetlands and its associates reserve the right to refuse or cancel service, or terminate accounts in our sole discretion.
If you elect to use a password on the Site, you agree not to use the same or similar password for any other purpose, and if your password on the Site becomes disclosed you agree to accept responsibility for any losses incurred with respect to any other purposes for which you used the same or similar password.
Children/Minors
Zetlands does not knowingly collect, either online or offline, personal information from persons under the age of 13 (or 16 in Europe). “Personal Information” means any information which relates to a living, identifiable person. It can include names, addresses, telephone numbers, email addresses etc. but it is wider than that and includes any other information relating to that person or a combination of information which, if put together, means that the person can be identified.
If you are under the age of 13 (or 16 in Europe) please do not use the Site or submit any information through the Site. Any use of or access to the Site by anyone between the ages of 14 and 18 (16 and 18 in Europe) is permitted only with the express written permission of such individual’s legal guardian, and you represent and warrant that you have received such permission (if necessary). If you have reason to believe that a child under the age of 13 (or 16 in Europe) has provided Personal Information to us, please contact us immediately and we will delete that information from our databases.
Links to Third-Party Sites/Third-Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Zetlands and Zetlands is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Zetlands is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Zetlands of the site or any association with its operators.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service or functionality originating from the wilsonstudiola.com domain, you hereby acknowledge and consent that Zetlands may share such information and data with any third-party with whom Zetlands has a contractual relationship to provide the requested product, service or functionality on behalf of Zetlands’ users and customers.
We may change information, including prices, of products and services listed on the Site.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice (including after you have submitted your order). We will correct errors that we discover, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Product prices offered on the Site may vary from other advertised prices.
The prices displayed on the Site are quoted in U.S. dollars and all users must tender payment in U.S. dollars regardless of the User’s location. Such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
Except where noted otherwise, all discounts or savings displayed for products on the Site are calculated based on our full retail price of the product or based on a comparative price estimate which may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, discounts or savings displayed may represent the aggregate of our full retail price for each of the items included in the set or based on a comparative price estimate for the set or each item which may or may not represent the prevailing price in every area on any particular day.
We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items listed on the Site may be mispriced. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Copyright
Unless otherwise noted, the graphic images, buttons, layout, and text contained in this website are the exclusive property of Zetlands and its related, affiliated and subsidiary companies, and may not be copied or distributed, in whole or in part, without the express written consent of Zetlands. Permission is granted to print copies of this document, and to display and use this document with a computer solely for personal or internal use.
As a condition of your use of the Site, you warrant to Zetlands that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Zetlands’ content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Zetlands or our licensors except as expressly authorized by these Terms.
Unsolicited Information
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”), you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
International Users
The Site is controlled, operated and administered by Zetlands from our offices in Los Angeles, California, USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Zetlands, its officers, directors, employees, agents and third-parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any Terms of these Terms and Conditions or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. Zetlands reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Zetlands in asserting any available defenses.
Arbitration
IN THE EVENT THE PARTIES ARE NOT ABLE TO RESOLVE ANY DISPUTE BETWEEN THEM ARISING OUT OF OR CONCERNING THESE TERMS AND CONDITIONS, OR ANY PROVISIONS HEREOF, WHETHER IN CONTRACT, TORT, OR OTHERWISE AT LAW OR IN EQUITY FOR DAMAGES OR ANY OTHER RELIEF, THEN SUCH DISPUTE SHALL BE RESOLVED ONLY BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, OR A SIMILAR ARBITRATION SERVICE SELECTED BY THE PARTIES, IN LOS ANGELES, CALIFORNIA. THE ARBITRATOR'S AWARD SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ANY COURT HAVING JURISDICTION. IN THE EVENT THAT ANY LEGAL OR EQUITABLE ACTION, PROCEEDING OR ARBITRATION ARISES OUT OF OR CONCERNS THESE TERMS AND CONDITIONS, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS AND REASONABLE ATTORNEY'S FEES. THE PARTIES AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS IN REGARD TO THESE TERMS AND CONDITIONS OR ANY DISPUTES ARISING AS A RESULT OF THESE TERMS AND CONDITIONS, WHETHER DIRECTLY OR INDIRECTLY, INCLUDING TORT CLAIMS THAT ARE A RESULT OF THESE TERMS AND CONDITIONS. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THE ENTIRE DISPUTE, INCLUDING THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION SHALL BE DETERMINED BY THE ARBITRATOR. THIS ARBITRATION PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST ZETLANDS MUST BE COMMENCED BY FILING A DEMAND FOR ARBITRATION WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
Class Action/Jury Trial Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.
THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACHS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless both you and Zetlands agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. You agree that, by entering into this Agreement, you and Zetlands are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Liability Disclaimer
EXCEPT AS NOTED IN THE PURCHASE AGREEMENT, WITH RESPECT TO Zetlands’ WARRANTY, THIS SITE AND ALL CONTENT AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS SITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT ZETLANDS AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE OR OUR MOBILE APPLICATIONS.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZETLANDS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF THE SITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZETLANDS AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZETLANDS OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE OR MOBILE APPLICATIONS, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in the Agreements removes or limits Zetlands’ liability for fraud, fraudulent misrepresentation, death or personal injury caused by its willful conduct and, if required by applicable law, negligence and gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
You shall not hold ZETLANDS responsible for other third-party actions or inactions.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE AND RELATED SERVICES IS TO STOP USING THE SITE.
Zetlands’ Purchase Agreement
Your use of the Site is subject to Zetlands’ Purchase Agreement. Please review our Purchase Agreement, which is hereby incorporated by reference in its entirety. Our Purchase Agreement informs users of our policies regarding cancellation of orders, product warranties, refunds/returns and product specifications. Please see Zetlands’ Purchase Agreement at https://www.wilsonstudiola.com/purchase-agreement.
Availability
Please understand that many of our featured items are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the website again. When an item featured on wilsonstudiola.com is no longer in stock, we make every attempt to remove that item from the website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us.
Termination/Access Restriction
Zetlands reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Force Majeure
Zetlands shall be free from any liability for delay or failure in shipment arising from strikes, lockouts, labor troubles of any kind, accidents, perils of the sea, fire, earthquake, pandemic, civil commotion, terrorist acts, war or consequences of war, government acts, restrictions or requisitions, failure of manufacturers or suppliers to deliver, bankruptcy or insolvency of manufacturers or suppliers, suspension of shipping facilities, act or default of carrier or any other contingency of whatsoever nature beyond Zetlands’ control affecting production, transportation to boarding point, loading, forwarding or unloading at destination of the Goods, including disturbances existing on the date of the order acknowledgment. In such a situation, if shipment or delivery is not made during the period contracted for, Buyer shall accept delivery under the order acknowledgment when shipment is made; provided, however, Buyer shall not be obligated to accept delivery if shipment is not made within a reasonable time after the cessation of the aforementioned impediments or causes.
Miscellaneous
You agree that no joint venture, partnership, franchise, employment, or agency relationship exists between you and Zetlands as a result of this Agreement, use of the Site or creation of an account. Zetlands’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Zetlands’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Zetlands with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability disclaimers set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This section, the section entitled Indemnification, and the sections entitled Liability Disclaimer, Limitation of Liability and Copyright shall survive the termination of these Terms and Conditions. The language of these Terms and Conditions, and any other documents referred to herein, shall be construed as a whole according to its fair meaning and not strictly for or against any of the parties.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Zetlands with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Zetlands with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Governing Law
This Agreement is to be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be performed wholly within such State, and without regard to the conflicts of laws principles thereof.
Venue
Venue in any cause of action, including arbitration, accruing hereunder shall be in Los Angeles, California. This venue clause is a mandatory venue clause. It is not a permissive venue clause.
California Residents
The provider of services is Zetlands Design LLC., located at 212 South Poinsettia Place, Los Angeles, California 90036. You can reach us by telephone at 917.403.8290.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Changes to Terms
Zetlands reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Zetlands encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Zetlands welcomes your questions or comments regarding the Terms and Conditions at:
Data Protection Officer
Zetlands Design LLC
212 South Poinsettia Place
Los Angeles, California 90036.
Email: liz@wilsostudiola.com
Phone: (917) 403-8290
Effective as of May 6, 2020