LOVE HOUSE LLC – TERMS AND CONDITIONS OF SALE

These Terms and Conditions shall apply to all sales purchased from Love House LLC (“Seller”). By purchasing or placing an order with Love House, you (“Buyer”) are agreeing to the following Terms and Conditions. Love House LLC reserves the right to update or change these Terms and Conditions at any time, and Buyer agrees to be bound by the most current version as posted on the Love House website.


I. DEFINITIONS

  1. “Buyer” means the person or entity who purchases Goods.

  2. “Seller” means Love House LLC, its owners, employees, affiliates, and agents.

  3. “Goods” means any product to be supplied to the Buyer by the Seller.


II. GENERAL

  1. These Terms and Conditions shall apply to all sales of Goods by Seller to Buyer, to the exclusion of all other terms and conditions, including any Buyer terms tendered during negotiations or otherwise, unless expressly agreed to in writing by Seller.

  2. Any variation to these Terms and Conditions (including special terms and conditions agreed between the parties) shall only apply if agreed in writing by both parties.

  3. Buyer acknowledges that Seller may revise these Terms from time to time, and agrees to be bound by the current version available on Seller’s website.


III. PAYMENT

  1. Payment in full must be received by Seller prior to the release or delivery of Goods.

  2. All invoices must be paid in U.S. dollars unless otherwise specified.

  3. Late payments may be subject to finance charges, delinquency fees, and recovery costs.


IV. PRODUCT

  1. Where samples or images of Goods are shown, Buyer acknowledges that such samples or images are representative only. Due to the custom and handmade nature of Goods, variations in color, texture, material, size, and finish shall not constitute defects.

  2. All Goods are one-of-a-kind and handmade; no two items will be identical.

  3. Lead times provided are estimates only and are not guaranteed. Lead times exclude shipping and transit times.

  4. Production schedules may be affected by material availability, production delays, or Buyer-requested changes. Rush orders may be subject to limitations or additional charges.


V. DELIVERY

  1. Unless otherwise agreed in writing, delivery shall take place at the shipping address listed on the invoice.

  2. Delivery of Goods is fulfilled by third-party shippers. Seller shall not be responsible for delays, damages, or losses caused by third parties.

  3. Buyer shall make all arrangements necessary to accept delivery. Failure to do so may result in storage fees, re-delivery costs, or forfeiture of Goods.

  4. Goods stored for more than 90 days after readiness without Buyer acceptance shall be considered abandoned and may be disposed of at Seller’s discretion without refund.

  5. Once Buyer approves delivery, all shipping costs become non-refundable. If delivery is refused after approval, Buyer remains responsible for all costs, including re-delivery.

  6. Buyer must inspect Goods at the time of delivery and report damages within 48 hours of signed receipt. Failure to do so may void coverage under shipper insurance.

  7. Seller shall not be liable for damages to Buyer’s property or premises caused during delivery; claims must be made directly against the shipper or third party.

  8. All international shipments are subject to duties, tariffs, clearance costs, brokerage fees, and other applicable charges. These charges are:
    a. The sole responsibility of the Buyer;
    b. Subject to change at any time by government authorities or carriers; and
    c. Assessed and valid at the time of entry or clearance, not at the time the order is placed.

  9. If Seller advances any such charges on Buyer’s behalf, Buyer shall reimburse Seller upon invoice. Failure to pay may incur a delinquency fee of 3.5% per day.

  10. Buyer acknowledges that tariffs, duties, and related fees are outside Seller’s control and expressly assumes responsibility for any changes, increases, or retroactive adjustments imposed by government authorities or carriers.


VI. RISK

Risk of loss or damage passes to Buyer upon delivery to Buyer, Buyer’s agent, or Buyer’s designated carrier. Where Buyer collects Goods, risk passes when Goods are set aside or entrusted to Buyer.


VII. TITLE

Title to Goods remains with Seller until Seller has received payment in full.


VIII. RETURN OF GOODS

  1. All Goods are made to order and sold on a firm sale basis. No cancellations, returns, or exchanges will be accepted.

  2. Refunds will not be honored after 24 hours from payment.


IX. WARRANTY DISCLAIMER

  1. Seller makes no warranties, express or implied, including merchantability or fitness for a particular purpose.

  2. Buyer acknowledges Goods are handmade and may contain natural variations. Such variations shall not constitute defects.


X. IMAGERY, INTELLECTUAL PROPERTY, AND USAGE RIGHTS

  1. Usage Rights – By purchasing a piece from Love House, Buyer grants Seller the perpetual, irrevocable right to use, reproduce, adapt, modify, display, and distribute any images, photographs, renderings, or other representations of the purchased piece for any purpose, including but not limited to marketing, promotional, editorial, and educational uses, in any media now known or later developed.

  2. Intellectual Property Ownership – All designs, trademarks, trade dress, logos, and brand elements of Love House LLC and/or its represented artists remain the sole intellectual property of Love House LLC and/or the original artist. Nothing in this Agreement shall transfer ownership of intellectual property to Buyer.

  3. Buyer’s Representations – Buyer represents and warrants that it has secured all necessary rights and permissions from any third parties (including but not limited to photographers, stylists, and influencers) to permit Seller’s use of any images, photographs, or representations of the purchased piece.

  4. Indemnification – Buyer shall indemnify, defend, and hold harmless Seller from any and all claims, liabilities, damages, losses, costs, or expenses (including attorneys’ fees) arising from:
    a. Third-party agreements related to the use of such images; or
    b. Intellectual property or licensing disputes related to such images or representations.


XI. FORCE MAJEURE

Seller shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, strikes, governmental actions, pandemics, supply chain disruptions, or shortages of raw materials. Seller’s obligations shall be extended for a reasonable period (up to two years). If delays persist beyond two years, Seller may terminate the order without liability, refunding Buyer less any non-recoverable costs or materials expended.


XII. LIMITATION OF LIABILITY

  1. Seller shall not be liable for indirect, incidental, or consequential damages, including loss of profits, loss of use, or damages to property.

  2. In no event shall Seller’s total liability exceed the purchase price actually paid for the Goods giving rise to the claim.


XIII. SEVERABILITY

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.


XIV. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed under the laws of the State of New York. Buyer consents to the exclusive jurisdiction of the state and federal courts located in New York County, New York.


XV. HOLD HARMLESS AND INDEMNIFICATION

Buyer agrees to indemnify, defend, and hold harmless Seller, its owners, employees, agents, and affiliates from any and all claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising out of or related to any transaction with Seller, including but not limited to claims relating to shipping, delivery, property damage, product use, or third-party disputes.