LAST REVISION: Feb -2023
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Muse Bespoke reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Muse Bespoke will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Muse Bespoke encourages you to review this Agreement whenever you visit the Website musebespoke.com to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Muse Bespoke for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
PRODUCTS
MUSE BESPOKE MAKES EVERY EFFORT TO MATCH THE COLORS IN PHOTOS OF PRODUCTS AS CLOSELY AS POSSIBLE TO THE COLORS IN THE ACTUAL PRODUCTS. HOWEVER, DUE TO THE NATURE OF OUR HAND-MADE PRODUCTS AND CARPETS MANUFACTURING, IT IS NOT A PERFECT PROCESS AND COLORS MAY VARY SLIGHTLY DUE TO MONITOR SETTINGS, CONTRAST, BRIGHTNESS, ETC. PLEASE BE AWARE THAT ALTHOUGH PICTURES OF PRODUCTS SHOWN ARE REPRESENTATIVES OF THE PRODUCTS THAT WILL BE MADE, THERE MAY BE SOME SLIGHT VARIATIONS IN COLOR IN THE ACTUAL RUG.
IN ADDITION, THE HAND-DYEING OF YARNS IS MADE IN SMALL BATCHES AT A TIME. THIS CAUSES SLIGHT VARIATIONS IN A PARTICULAR COLOR WHICH ADDS TO THE UNIQUE CHARACTERISTICS OF THE HAND-MADE MUSE BESPOKE PRODUCTS.
SHIPMENTS AND DELIVERY DATES ARE APPROXIMATE. MUSE BESPOKE CANNOT GUARANTEE SHIPMENT DATE HOWEVER ALL ESTIMATES PROVIDED ARE GENERALLY CORRECT. IN SOME CASES, PRODUCTS MAY BE COMPLETED SOONER OR A LITTLE LATER DUE TO CONDITIONS THAT ARE BEYOND MUSE BESPOKE CONTROL SUCH AS WEATHER, CUSTOMS, FAILURE OF SHIPPING FACILITIES, ETC.
SIZES FOR ORDERS OF HAND-MADE PRODUCTS MAY VARY SLIGHTLY DUE TO THE INHERENT NATURE OF PRODUCING A HAND-MADE RUG.
For questions, please contact via [email protected]
Unless you notify direct Muse Bespoke sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Muse Bespoke and its designated in-house or third-party call team(s).
Opt-Out Procedure: We provide 3 easy ways to opt out of future solicitations.
MUSE BESPOKE
2812 West Chicago Avenue
Chicago, IL 60622
Proprietary Rights. Muse Bespoke has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Muse Bespoke. Muse Bespoke also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
WEBSITE
Muse Bespoke is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Muse Bespoke or the applicable third party (if third-party content is at issue).
By posting, storing, or transmitting any content on the Website, you hereby grant Muse Bespoke a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Muse Bespoke does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Muse Bespoke is not liable for any damage or harm resulting from any posts or interactions between users. Muse Bespoke reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Muse Bespoke deems objectionable,
LIMITATION OF LIABILITY
MUSE BESPOKE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
• INDEMNIFICATION
You will release, indemnify, defend and hold harmless Muse Bespoke, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary rights of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Muse Bespoke. When Muse Bespoke is threatened with suit or sued by a third party, Muse Bespoke may seek written assurances from you concerning your promise to indemnify Muse Bespoke; your failure to provide such assurances may be considered by Muse Bespoke to be a material breach of this Agreement. Muse Bespoke will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Muse Bespoke ‘s choice at its expense. Muse Bespoke will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Muse Bespoke against any claim, but you must receive Muse Bespoke’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
• PRIVACY
Muse Bespoke believes strongly in protecting user privacy and providing you with notice of Muse Bespoke’s use of data.
Muse Bespoke complies with CPPA/CPRA Act requirements:
• Right to know: You can request that a business discloses to you: (1) the categories and/or specific pieces of personal information they have collected about you, (2) the categories of sources for that personal information, (3) the purposes for which the business uses that information, (4) the categories of third parties with whom the business discloses the information, and (5) the categories of information that the business sells or discloses to third parties. You can make a request to know up to twice a year, free of charge.
• Right to delete: You can request that businesses delete the personal information they collected from you and tell their service providers to do the same, subject to certain exceptions (such as if the business is legally required to keep the information).
• Right to correct: You may ask businesses to correct inaccurate information that they have about you.
• Right to opt-out of sale or sharing: You may request that businesses stop selling or sharing your personal information (“opt-out”), including via a user-enabled global privacy control. Businesses cannot sell or share your personal information after they receive your opt-out request unless you later provide authorization allowing them to do so again.
• Right to limit use and disclosure of sensitive personal information: You can direct businesses to only use your sensitive personal information (for example, your social security number, financial account information, your precise geolocation data, or your genetic data) for limited purposes, such as providing you with the services you requested.
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
GENERAL
Force Majeure. Muse Bespoke will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Muse Bespoke may at any time, in its sole discretion and without advance notice to you, cease the operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Muse Bespoke and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Muse Bespoke to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from New York, New York. This Agreement will be governed by the laws of the State of New York without regard to its conflict of law principles to the contrary. Neither you nor Muse Bespoke will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of New York. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Muse Bespoke reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Muse Bespoke may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Muse Bespoke reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Muse Bespoke chooses, in its sole discretion and without advance to you, to terminate it.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
CONTACT INFORMATION:
MUSE BESPOKE
ADDRESS:
2812 West Chicago Avenue
Chicago, IL 60622
PHONE:
312.787.1200
EMAIL:
[email protected]