TERMS AND CONDITIONS
Last updated: September 27, 2023
INTRODUCTION
Welcome to The Collective Haus. These Terms and Conditions (“Terms”) are a binding contract between you and The Collective Haus LLC (“Company”, “we”, “our”, or “us”). They govern your access to and use of our website, services, and applications (collectively, the “Service”). Please read them carefully. By using the Service, you unconditionally accept these Terms..
ONLINE ORDERS AND TRANSACTIONS
When you use our Service to purchase products, you are directed to SideDoor LLC (our “Fulfiller”), a third-party platform, to complete your purchase. All transactions, payment, shipping, returns, and all other related activities, are solely between you and our Fulfiller. We do not sell, ship, or handle any products listed on our website.
Pricing and Payment: All product information, descriptions, and availability are provided by our Fulfiller and the respective vendors or manufacturers. We do not control, and are not responsible for, the accuracy, completeness, or timeliness of this information. All payments for products are made directly to our Fulfiller and not to us. The products showcased on our website are priced based on a markup from the Vendor’s Designer Net Price and our earnings come from the difference between this base price and the final selling price to our customers.
Shipping and Delivery: All shipping and delivery of products are handled by our Fulfiller. We do not have any control over, or responsibility for, the shipping, delivery, or quality of the products. Any inquiries or disputes related to product delivery, quality, or damages should be directed to our Fulfiller.
No Refunds: All sales made through our Fulfiller are final. If a product arrives damaged, you should contact our Fulfiller directly. We are not involved in, and have no responsibility for, the return or refund process.
Disputes: We are not a party to, and will not be involved in, any disputes between you and our Fulfiller or any vendor. Any such disputes should be addressed directly with our Fulfiller or the respective vendor. You agree not to involve us in any disputes or legal proceedings related to your transactions with our Fulfiller.
PRODUCT CURATION AND INTERIOR DESIGN SERVICES
Tastemaker: We don’t engage in traditional affiliate marketing. Instead, as a “Tastemaker”—a leading influencer in the interior design realm who sets trends and curates unique aesthetics—we handpick products for our website based on our design expertise. Our earnings come from a markup model, reflecting the value we add through our curated selections. We prioritize transparency and value the trust you place in our choices.
Interior Design Services: It’s essential to understand that our interior design services are distinct from the curated product offerings on our website and the Service. Engagements for interior design are governed by a separate agreement, independent of the Service. Our interior design process begins with an inquiry via our contact form, leading to a complimentary discovery call to discuss design needs. If we determine a mutual fit and you wish to proceed, you will schedule and pay for an initial consultation. This consultation defines the scope of our work and results in a customized Design Proposal.
LINKS TO OTHER WEBSITES
Our Service may feature links to third-party websites or vendors that offer products or services complementary to our curated selections. These links are provided for your convenience, and do not imply an endorsement or direct affiliation with these third-party entities. While we aim to introduce you to quality products and vendors, we cannot oversee or guarantee the content, quality, or practices of these third-parties, their products, or their websites. We encourage you to exercise discretion and read the terms and conditions and privacy policies of any third-party websites.
INTELLECTUAL PROPERTY
All content on our Service, from product descriptions, graphics, design layouts, to our unique curated collections, is the exclusive property of our Company or our licensors and is protected by international copyright, trademark, and other intellectual property laws. Unauthorized use, reproduction, modification, or distribution of such intellectual property is strictly prohibited. We reserve all rights not expressly granted to you in and to the Service and its content.
LIMITATION OF LIABILITY
OUR SERVICE IS DESIGNED TO PROVIDE CURATED PRODUCT SELECTIONS AND DESIGN INSPIRATIONS. WHILE WE STRIVE TO OFFER VALUABLE INSIGHTS, IT’S ESSENTIAL TO UNDERSTAND THAT YOUR USE OF THE SERVICE, AND ANY RELIANCE ON OUR PRODUCT RECOMMENDATIONS OR DESIGN IDEAS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OUR COMPANY NOR ANY OF OUR EMPLOYEES OR AGENTS SHALL BE LIABLE, REGARDLESS OF THE NATURE OF THE CLAIM (WHETHER IN CONTRACTOR, TORT, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF OUR SERVICE OR YOUR RELIANCE ON THE CONTENT PROVIDED. THIS LIMITATION OF LIABILITY APPLIES EVEN IF WE’VE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES. WE ALWAYS ENCOURAGE USERS TO CONDUCT THEIR OWN RESEARCH AND DUE DILIGENCE BEFORE MAKING ANY PURCHASE DECISIONS.
DISCLAIMER
OUR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WHILE WE STRIVE FOR ACCURACY AND COMPLETENESS, WE DO NOT GUARANTEE THAT PRODUCT DESCRIPTIONS, DESIGN IDEAS, OR ANY OTHER CONTENT ON WEBSITE OR OUR SERVICE IS ERROR-FREE, COMPLETE, CURRENT, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INFORMATION MAY BE OUTDATED OR NOT APPLY TO SPECIFIC CIRCUMSTANCES. OUR SERVICE MIGHT EXPERIENCE INTERRUPTIONS, TECHNICAL GLITCHES, OR MODIFICATIONS AT OUR DISCRETION WITHOUT NOTICE. WHILE OUR SERVICE MAY CONTAIN LINKS TO EXTERNAL SITES, WE DON’T ENDORSE OR CONTROL THEIR CONTENT OR PRACTICES. THE CONTENT ON OUR SERVICE IS FOR GENERAL INFORMATION AND NOT INTENDED AS DEFINITIVE ADVICE. IF YOU’RE CONSIDERING MAKING DECISIONS BASED ON OUR CONTENT, WE STRONGLY RECOMMEND SCHEDULING AN INTERIOR DESIGN CONSULTATION WITH OUR COMPANY. OUR PRODUCT RECOMMENDATIONS ARE BASED ON OUR RESEARCH AND AESTHETIC JUDGMENT, AND WE DON’T GUARANTEE THEIR SUITABILITY FOR ALL INDIVIDUALS OR SITUATIONS. YOU SHOULD REVIEW PRODUCT SPECIFICS AND CONSULT MANUFACTURERS BEFORE PURCHASING ANY PRODUCTS FEATURED ON OUR WEBSITE. ALL RISKS ASSOCIATED WITH ONLINE BROWSING AND PURCHASING DECISIONS REMAIN WITH YOU, AND WE DISCLAIM ALL LIABILITY FROM ANY RELIANCE ON OUR SERVICE’S CONTENT.
YOUR REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION
By using our Service, you represent and warrant that: (i) you are at least 18 years old and possess the legal capacity to enter into binding agreements; (ii) all information you provide to us, whether directly or indirectly, is accurate, complete, and current; (iii) your use of the Service complies with all applicable laws, rules, and regulations; and (iv) you will not use the Service in a way that is harmful, illegal, or infringes on our rights or the rights of others. We reserve the right to terminate or suspend your access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or for any other reason. You agree to indemnify, defend, and hold harmless The Collective Haus LLC, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Service, your violation of any of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. You agree that we will have no liability to you or any third party for termination of your access to the Service.
GOVERNING LAW; FORUM; DISPUTE RESOLUTION
These Terms and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the laws of Idaho, United States, without regard to its conflict of law provisions. Before initiating any formal legal proceedings, both parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms and Conditions informally through direct communication. If the parties cannot resolve the dispute informally within thirty (30) days, then either party may initiate binding arbitration in Boise, Idaho, before one arbitrator, administered by the American Arbitration Association (AAA) pursuant to its rules and procedures. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear their own costs, and the prevailing party shall be entitled to an award of attorneys’ fees. Both parties hereby waive any right to assert any claims against the other as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. Judgment on the award may be entered in any court having jurisdiction, and the parties submit to the exclusive jurisdiction of the courts located in Boise, Idaho. notwithstanding anything contained in these Terms the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder, including by specific performance, injunction or similar equitable relief, in any other court chosen by us.
CHANGES TO THESE TERMS
We reserve the right to modify or update these Terms at any time. Your continued use of our Service after changes are made signifies your acceptance of the updated terms. If you do not agree to the new terms, you should discontinue using our Service.
MISCELLANEOUS
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions will remain in full force and effect. If a provision is found to be unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. The section headings contained in these Terms are included for convenience only and shall not limit or otherwise affect the terms of these Terms. Unless otherwise specified herein, these Terms constitute the entire agreement between you and the Company with respect to the Service.
COPYRIGHTS AND COPYRIGHT AGENT
We respect the intellectual property rights of others and expect our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on our website;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Brooke, who can be reached as follows:
By email: brooke@thecollectivehaus.com
By mail: 770 S. 13th St. Unit 6184 Boise, ID 83707
PRIVACY POLICY
Your use of our Service is also governed by our Privacy Policy, which can be found at https://www.thecollectivehaus.com/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and provides additional information about our data collection, use, and sharing practices. By using our Service, you acknowledge that you have read and understand our Privacy Policy and consent to our data practices as described therein.
CONTACT US
For any questions, concerns, or clarifications regarding these Terms, please reach out to us:
By email: brooke@thecollectivehaus.com
By mail: The Collective Haus, 770 S. 13th St. Unit 6184, Boise, ID 83707