TERMS & CONDITIONS
WILDCHILD LLC Terms and Conditions of Service
Updated Effective Date:
February 10, 2023
OVERVIEW
The following Terms of Service (“Terms”) are a legal agreement between you (“you,” “You,” “your”, or “Customer”) and WildChild LLC (“we,” “our,” “us,” “WildChild”). The Terms describe the terms and conditions on which you may access and use WildChild’s services, including product purchases (“Products”) and furniture design consulting (“Consulting’), (collectively “Services”). Services may be accessed online via the website (“Site”) or in person. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms. No other terms or conditions (preprinted or otherwise) shall have any force or effect.
You agree and acknowledge that Services may only be purchased by adults. By clicking the “I Accept” button or otherwise signing this document, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of purchases of the Services as described herein.
BEFORE PLACING AN ORDER OR BOOKING A DESIGN CONSULTATION PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE SIGNING, ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE PERMITTED TO PURCHASE PRODUCTS OR CONSULTING.
I. Definitions
For purposes of this Agreement, the following terms shall have the following meanings:
“Consulting” means all furniture design consulting services.
“Damages” means an alteration in the state of the Product after production.
“Décor” means strictly decorative items including but not limited to baskets, pots, vases, lighting, and tableware.
“Defects” means a fault of workmanship that significantly affects the appearance or the functionality of the piece and that is not a natural imperfection. Examples of defects in custom furniture include the following:
Structural Issues: Weak joints, unstable legs, or any other problems that affect the stability and durability of the furniture.
Workmanship Defects: Poorly finished surfaces, uneven joints, or any other issues that are the result of poor craftsmanship.
Functionality Defects: Drawers that do not open or close smoothly, doors that do not align properly, or any other problems that affect
the usability of the furniture.
Custom Errors: there are the wrong number of drawers, incorrect dimensions.
“Furniture” means all items including but not limited to stools, chairs, tables of any size, couches, consoles, benches, bed frames, dressers, armoire, vanities, and night stands.
“Natural imperfections” means indentations, minor cracks, blemishes, variations in color, tone, texture, grain pattern, or markings, and other imperfections that occur in using natural and handcrafted materials.
“Natural materials” means any product or physical matter that is derived from plants, animals, or the Earth.
“Products” means all furniture and décor items offered for sale through WildChild.
“Services” means all product purchases and furniture design consulting services.
II. About the Services
Through the Services, we aim to provide you with custom furniture and décor as well as design consulting, or any combination thereof.
A. Mobile Charges
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
B. Payment
All pricing for Services is in U.S. dollars and applicable taxes apply to all purchases. WildChild reserves the right to refuse the order and sale of any Services. Orders will not be sent out for production until WildChild receives full payment for all Products in the order, including taxes and any other miscellaneous charges. Services will not be performed without prepayment.
C. Cancellation
Payment is non-refundable for Products, unless a cancellation request is sent to WildChild by email within 24 hours of payment. Consulting may be cancelled with 12 hours notice and payment refunded. Any cancellation within 12 hours of Consulting appointment is non-refundable, unless at the discretion of WildChild in extenuating circumstances.
D. Modification of the Products, Services, or the Terms
WildChild may modify these Terms or modify, suspend, or discontinue the Products or any Services, and the pricing for them, at any time for any reason. WildChild will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to WildChild. Should pricing need to change on a Service that has been discussed and not yet been paid for, WildChild will provide you with notification through email.
E. Communications
You consent to receive communications from WildChild, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. WildChild may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You acknowledge that opting out of receiving communications may impact your use of the Services.
F. Consulting
Consulting consists of private consulting and/or at home furniture design consulting visits. Home furniture design consulting visits are billed at $100 per visit. Fees must be paid directly to WildChild upon booking services. WildChild may absorb this fee into an order of products at its discretion.
G. Products
This section governs the purchase of WildChild’s Products including custom design, imperfections, product pick up, and product damage.
This section governs the purchase of WildChild’s Products including custom design, imperfections, product pick up, and product damage.
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Products: WildChild’s Products are all custom designed and produced by artisans. We do our best to replicate the design created for you; however, each artisan working with WildChild creates an individualized Product that is an artistic interpretation of the images and designs we provide to them. Therefore, every piece will be unique and you acknowledge that it has the potential to be slightly different than the way you envision it.
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Natural Imperfections: WildChild’s artisans handcraft your orders from natural and other sustainable materials. WildChild uses high quality materials in all of its products; however, you acknowledge that there are natural imperfections that may affect the look of the products and are part of their unique and individual character. Natural imperfections include indentations, minor cracks, blemishes, variations in color, tone, markings, and other imperfections that are inherent in using natural and handcrafted materials. WildChild uses top grain leathers that are processed in a manner that retains the natural imperfections of the hide.
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Fabrics: Depending on the dye lot, fabrics used in WildChild’s products may have some color and marking variations that cannot be controlled. You acknowledge that the fabric of your product may differ from any sample images or products WildChild has shown you.
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Wood Movement: Wood expands and contracts with changes in the surrounding humidity and to a lesser degree temperature. More humid air will cause the wood to expand and drier air will cause wood to contract. The movement cannot be stopped. Therefore, you agree that WildChild is not responsible for any cracks that develop in Products at any point after pick up. However, should a crack occur that renders the item to be unfit for its intended purpose or affects the safety of the item, please notify WildChild. WildChild may use its sole discretion in determining whether or not to assist in the repair.
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Inspection of Final Product Order Invoice: You are responsible for inspecting the Final Order Invoice (“Invoice”) to ensure that measurements, specifications, and descriptions are accurate on the Invoice upon placing the final order. You acknowledge that WildChild’s artisans will do their best to match their final products to the item descriptions in the Invoice; however, there may be some minor differences that are a result of the nature of the natural materials used in the products as well as the artistic impressions of the artisan.
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Signature on Final Product Order Constitutes Binding Contract: You acknowledge that a signature on the Invoice constitutes a binding contract that is governed by this document.
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Estimated Times of Arrival: Estimated times of arrival (“ETA”) for products is generally two (2) to three (3) months, depending on the artisan and WildChild’s shipment schedule. ETA’s may vary, depending on many variables outside of WildChild’s control including but not limited to artisan production times, manufacturer delays, freight strategy, sailing schedules, weather, pandemics, strikes, labor shortages, and Acts of God.
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Cancellation of Items due to Force Majeure: Any Products that must be canceled due to force majeure shall be reordered by WildChild and sent on the next shipment at no additional cost to the client.
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Inspection of Products: WildChild inspects all products upon their arrival to WildChild’s holding facility.
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Scheduling Product Pick Up: WildChild will notify you when your products have cleared customs in Honolulu and provide you with a time and date for pick up. You must pick up all Products at WildChild’s designated pick up location. Pick ups are by appointment only. Should you be unable to pick up your products at the scheduled date and time, please contact WildChild by phone to reschedule. WildChild requires 48 hours notice for a scheduled pick up.
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Product Pick Up Procedures: WildChild does not assist with product loading onto your vehicle. You are responsible for hiring a moving company or bringing an appropriate sized vehicle and adequate assistance to self-load all items. As WildChild removes all packaging to carefully inspect each item prior to pick up, you are responsible for bringing all packaging material (such as blankets, pads, rope, etc.,.) to safely load and transport your products to prevent damage. By signing the release form, you acknowledge that the Products have been received in good condition and free of damage. WildChild is not responsible for any damage to Products, negligence or vehicle damage in transporting and securing Products into any vehicle, personal injuries, vehicle transport damage, or vehicle accidents once the Products have been released to you. You are solely responsible for checking to see that your furniture fits through entryways into your space. WildChild is not responsible for any claims for moving overcharges or damage to Products while in removal and transit from WildChild’s premises.
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Storage, Abandonment, and Collections: Should a delay in pick up be necessary, WildChild can hold items for up to ten (10) days after arrival in Honolulu. WildChild cannot store any items beyond ten (10) days without prior arrangement. Should WildChild agree to store items beyond that time, products will incur a $150 per week per product storage fee, unless otherwise specified by WildChild.
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Product Damage and Defects: Although WildChild takes great care to ensure its products arrive safely and satisfy their initial product orders, prior to signing the release form at pick up, you are responsible for carefully inspecting all items and noting any suspected damage or defects immediately to WildChild. Should you identify Product damage or defects at pick up, WildChild will be present to inspect suspected damage or defects with you. Upon signing release form, no damage or defect claims may be filed for décor. After pick up, should damage or defects be noticed on furniture, claims must be placed in writing with accompanying photographs within five (5) days of pick up. WildChild takes photos of each Product prior to scheduling pick up. Should WildChild have photo documentation that the damage or alleged defect was not there at the time of pick up, WildChild may use its discretion as to whether or not it will work with you to rectify the situation. Failure to make any claims shall constitute full acceptance of the products and a waiver of all defects, shortages, and or errors.
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Product Damage or Defect Repairs and Replacement: Should damage occur or defects exist that WildChild determines falls with its damage and defect guidelines, WildChild will first have a local furniture repair company attempt to rectify the damage or defect. If the repairs cannot be made locally, WildChild will order a replacement item for pick up in the next scheduled container shipment. If you do not wish to order a replacement, WildChild will credit your funds for a future order.
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Store Credit in Limited Circumstances: Store credit is only issued at WildChild’s discretion and in circumstances related to the replacement of a damaged item. Store credit does not apply under any circumstances to items paid that exceed the 24 cancellation window.
III. Disclaimer of Warranties; Limitation of Liability
The following sections outline the disclaimer of warranties for Services as well as outline all limitations of liability.
A. Disclaimer of Warranties
The Products are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality, or fitness for a particular use. Specifically, but without limitation, WildChild does not warrant that: (1) The Services, including the WildChild Site, LookBook, and Invoices are correct, completely accurate, reliable or complete; (2) The Services will be uninterrupted or error-free; (3) defects and damages will be corrected, (4) The Services or the server(s) that makes the services available are free of viruses or other harmful components, or (5) The Products will be fit for your intended purpose or otherwise accord with your expectations.
B. Limitation of Liability
Under no circumstances shall WildChild be liable for any damages of any kind, including without limitation direct, indirect, incidental, special, consequential, exemplary, multiple or other damages arising out of or in connection with the use of, or the inability to use, the Services and/or the Products, even if Wildchild has been advised of the possibility of any damages or defects. Your sole and exclusive remedy hereunder shall be as set forth under Section 2(G)(13) or to discontinue your use of the Services and terminate these terms. The foregoing limitation of liability does not apply where otherwise prohibited by law.
IV. Dispute Resolution and Class Action Waiver
This Section includes an arbitration agreement and an agreement that all claims will be brought by arbitration only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
A. Informal Process First
Both you and WildChild agree that in the event of any dispute between us, you and WildChild will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
B. Mandatory Arbitration of Disputes
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Hawaii. The arbitration shall be conducted by one arbitrator agreed to by all parties on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall include a written record of the arbitration hearing. Arbitrator fees are to be split equally amongst all parties, with all other fees borne by each party respectively. An award of arbitration may be confirmed in a court of competent jurisdiction.
C. Class Action Waiver
You expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and WildChild shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Through the Services, we aim to provide you with custom furniture and décor as well as design consulting, or any combination thereof.
V. Miscellaneous
A. Jurisdictional Issues
WildChild makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that WildChild intends to announce or make available such products or services to the general public, or in your country.
B. Export Laws
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the WildChild Content, or any part thereof, in any way, in violation of United States law.
C. Governing Law and Venue
This Agreement and the rights and obligations of the parties under it are governed by and interpreted in accordance with the laws of the State of Hawaii (without regard to principles of conflicts of law). Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in Honolulu, Hawaii.
D. Entire Agreement
These Terms are the entire agreement between you and WildChild relating to the subject matter herein and shall not be modified except by WildChild in accordance with these Terms, or as otherwise agreed in writing by you and WildChild. No employee, agent or other representative of WildChild has any authority to bind WildChild with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
E. Severability and Waiver
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
F. Assignment
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. WildChild may assign these Terms at any time without notice to you.
G. Force Majeure
WildChild will not be liable for, or be considered to be in breach of these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond WildChild’s reasonable control.