CRAFTON LIVING LLC TERMS & CONDITIONS 2026
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE OR PLACING AN ORDER. THESE TERMS INCLUDE AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER IN SECTION 22.9, WHICH AFFECT HOW DISPUTES BETWEEN YOU AND CRAFTON LIVING ARE RESOLVED. BY USING THE WEBSITE OR PLACING AN ORDER, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
Welcome to the terms and conditions (“Terms”) for the Crafton Living website (the “Website”). These Terms are between you (“You” or “Your”) and Crafton Living LLC and/or its affiliates (“Crafton Living”, “Craftonliving”, “Crafton”, “We” or “Us”) and govern our respective rights and obligations, whether based upon your use of the Website, purchasing products through it, or through our office with Order Confirmations, Purchase Orders and Invoices applying to the relevant transactions, all of which are also incorporated into these Terms. All the information displayed on the Website is subject to change without prior notice (including but not limited to the rules that govern the use of it). Your use of the Website after any such change constitutes your acceptance to follow and be bound by the Terms as amended.
PERSONAL INFORMATION
Your submission of personal information through the Website is governed by our Privacy Policy. This Agreement incorporates by reference the terms and conditions of the Privacy Policy. By completing your order and providing your payment information, You affirm that You have read, understood, and agree to be bound by these Terms and Conditions.
GENERAL PURCHASING TERMS AND CONDITIONS
1. How to Place an Order.
Crafton Living is an official distributor of furniture, lighting and decor products primarily made in the U.S.. There are two ways of placing an order:
A) Through our website www.craftonliving.com (whether from the Retail area or from the Special Trade area); or
B) By contacting our sales team directly (for example by e/mail, phone call or text message).
If you select Option A then You can place the order by selecting the product/s you like, adding them to the cart and making the payment with Credit Card, Debit Card, Paypal, Venmo or ACH. You will receive a notification confirming that your order has been placed, but with a pending status. The order is not confirmed until Crafton Living confirms it. Crafton Living has up to two (2) business days to confirm the
order.
If you are registered with Crafton Living as a regular account, you will have access to retail prices of the products offered. If you are registered as a trade account, you will have access to special trade prices. (In order to access the Special Trade area, the upload of a Valid Re/Sale Tax Certificate is mandatory).
If you select Option B, then Orders can be placed contacting Crafton Living Sales Team. In such case, Crafton Living will send you the proposal in an Order Confirmation PDF format that you must execute by signing and returning to Crafton Living, together with the required deposit or full payment to purchase the products, which you can make with Credit Card, Debit Card, PayPal, Venmo, Check, Wire Transfer or ACH.
If you want your product/s to be delivered to Canada or Mexico (depending of the type of delivery selected) a special shipping and customs charge might be added at the end of your check out (if you are ordering through option A) or might be added at the end of your Order Confirmation (if you are ordering through option B). The Special shipping and customs charge includes the shipping and all related customs duties to enter merchandise to the said countries and no additional costs must be paid by the client. The Rate will vary depending on the different Shipping Options available to be selected by the client, such as Warehouse Delivery or Threshold Delivery. (White Glove delivery is only available within continental USA).
2. Payments.
Orders placed through the website must be paid in full in advance by Credit Card, Debit Card, PayPal, Venmo, or ACH, regardless of the amount.
Orders placed outside the website can be paid in full in advance or can be split into half. Crafton Living LLC reserves the right to determine, at its sole discretion, whether an Order is eligible for the 50/50 payment method, taking into account factors such as lead time, order amount, among others. 50% Deposits placed outside the website can be paid using Credit Card, Debit Card, Check, PayPal, Venmo, Wire Transfer or ACH. Balance payments placed outside the website must be paid with Check, Wire Transfer or ACH Only.
Orders with destinations outside the US, (with the exception of Canada and Mexico) must be paid with Wire Transfer only, without exception. All payments must be made in US Dollars only.
3. Order Confirmation.
If you select Option A (through our website) to order your product/s, before placing the Order you will be asked to: a) accept our Terms & Conditions of Sale and b) provide a credit card, debit card, PayPal, Venmo, or ACH information for the full payment of the Order. If you decide to proceed and place the order you will receive a notification confirming that your order has been placed, but with a pending status.
The order is not confirmed until Crafton Living confirms it. Crafton Living has up to two (2) business days to confirm the order. In case a product is no longer available, changed the finishes available or has limited availability, Crafton Living LLC reserves the right, without prior notification, to not issue an Order Confirmation and cancel the ordering process for any reason. If You wish to make any modifications while the Order status shows “Pending” (i.e., before Crafton Living has confirmed the Order), please contact us immediately. Once Your Order has been confirmed, cancellation requests are governed by Section 5 (Cancellation). Once the order is confirmed, you will receive an order confirmation number. By placing your order, you expressly acknowledge and accept these terms and conditions. If you select Option B (outside our website, with our Sales team) to order your product/s, before placing the Order you will receive an Order Confirmation in PDF Format for you to review and sign. The Order Confirmation you will receive contains the applicable Terms & Conditions of Sale. Once You sign and deliver an Order Confirmation, together with the required payment, the Order is confirmed.
4. Exchange and Return Policy.
Crafton Living accepts returns either in the form of an exchange or, in limited circumstances and subject to Crafton Living’s approval, for a refund. All return and exchange requests will be reviewed on a case-by-case basis, and Crafton Living reserves the right, in its sole discretion, to approve or deny any such request.
Returns for a Refund. You may request a return for a refund by contacting Crafton Living within forty-eight (48) hours of delivery of Your order. Submission of a return request does not guarantee that the return will be accepted. Crafton Living will review the circumstances of each request and will notify You whether the request has been approved or denied within five (5) business days after receiving the request.
If a return for a refund is approved, You will be responsible for the cost of shipping the item(s) from Your address to the designated return warehouse. Such return shipping costs will be deducted from the amount refunded to You. No item may be returned for a refund without prior authorization from Crafton Living.
Any approved refund will be issued only after Crafton Living has received the returned item(s) and confirmed, upon inspection, that they have been returned in their original, undamaged, and otherwise appropriate condition. If any returned item is damaged, altered, incomplete, or otherwise not returned in the required condition, Crafton Living reserves the right to deny the refund, and no refund will be issued for such item.
Exchanges. Returns in the form of an exchange for a different finish or size are subject to Crafton Living’s approval, and each request will be reviewed on a case-by-case basis. Please note that some items are not eligible for exchange, including, without limitation, C.O.M./C.O.L. items, Made-to-Order items, and Customized or Special Order items.
To request an exchange, You must contact Crafton Living within the following timeframe, depending on how Your order was delivered:
● For orders delivered via Warehouse Delivery, Threshold Delivery, or Inside Delivery, You must contact Crafton Living within five (5) days of delivery.
● For orders delivered via White Glove Delivery and Assembly, You must request the exchange before installation begins, at the time the item is unpacked and inspected in Your presence. Once installation has been completed, the item is no longer eligible for exchange.
For any approved return or exchange, the item(s) must be returned in their original packaging and in original, undamaged condition. If the original packaging is no longer available, please contact Crafton Living before returning the item to discuss the available options. If the item was delivered disassembled, it should be returned disassembled.
Any approved exchange will be processed only after Crafton Living has received the returned item(s) and confirmed, upon inspection, that they have been returned in their original, undamaged, and otherwise appropriate condition. If any returned item is damaged, altered, incomplete, or otherwise not returned in the required condition, Crafton Living reserves the right to deny the exchange, and the replacement item will not be issued.
If an exchange is approved, the shipping cost from Your address to the designated return warehouse shall be at Your own expense. If the newly selected item is of lesser value than the original item, Crafton Living will issue You a store credit for the difference, to be applied toward a future purchase. If the newly selected item is of greater value than the original item, You will be responsible for paying the difference prior to shipment.
5. Cancellation.
Once Your Order has been confirmed, You may request to cancel it in accordance with this Section. At Crafton Living, we strive to process orders as quickly as possible, so there is a narrow window to submit a cancellation. You can request a cancellation up to two (2) business days from order confirmation; after that period, cancellation is no longer possible. Submitting a cancellation request does not guarantee cancellation approval. Items that cannot be canceled include, without
limitation, C.O.M./C.O.L. items, Made-to-Order items, and Customized or Special Order items, as these begin production as soon as the Order is confirmed.
6. Delivery of Products.
Once the Products ordered by Crafton Living on Your behalf are ready for shipment, You will be notified that the Products are available. We will provide You with the corresponding tracking information. In case the order was placed with a 50% deposit, then the balance due on the order must be paid prior to the date of delivery of the Products.
7. Storage Fees.
Once Your Products are ready for delivery, Crafton Living will notify You of their availability. You will have ten (10) business days from the date of that notification to coordinate delivery, free of storage. If delivery is not coordinated within that ten (10) business day period, storage and handling fees will apply to each Product included in Your Order, and will be assessed on a full-week basis, in accordance with the total number of items in the applicable Order, as set forth below:
● One (1) to three (3) items: USD $200.00 per week.
● Four (4) to nine (9) items: USD $300.00 per week.
● Ten (10) to fifteen (15) items: USD $400.00 per week.
● Sixteen (16) to twenty (20) items: USD $500.00 per week.
● More than twenty (20) items: Storage and handling fees for orders exceeding twenty (20) items shall be determined by Crafton Living based on the volume of the applicable Order.
(Note that Items are not boxes or crates, Ex: One Dining Table can come in 5 boxes however is still considered 1 Item.)
These storage fees apply per Product included in Your Order, regardless of the number of vendors involved or the warehouse location where each Product is held, and shall continue to accrue until the Products are delivered to the Customer in full.
Products will not be released by Crafton Living until You make full payment of the balance owed on the order of the Products (in case the Order was placed with a 50% deposit and balance due is still owed) and all of the delivery and storage related charges.
8. Shifting of Risk of Damage to Products.
The risk of any damage to the Products passes to You upon delivery and Your signing of a clean Bill of Lading. Notwithstanding such delivery and the passing of risk to You, the Products shall remain the property of Crafton Living until You, the Purchaser, have paid Crafton Living the entire agreed price for the Products —
including, where the Order was placed with a fifty percent (50%) deposit, any remaining balance due — together with any applicable delivery and storage charges. Crafton Living reserves the right to repossess and resell any Products to which it has retained title.
9. Interest for Outstanding Balance.
If the balance of payment is not received within the ten (10) business days allotted for delivery, then interest will accrue on the balance owed at the rate of 1.5% per month (in case the Order was placed with a 50% deposit and the balance due is still owed).
10. Inspection of Ordered Products prior to shipping and at delivery address.
The Products are meticulously inspected, piece by piece, under the detailed control of the Quality Control Department prior to shipping. Crafton Living provides delivery of the Products through its trusted delivery/carrier partners, You will have the right to inspect Your Products at the place of delivery. Even though special carton packings are prepared in most cases for inland shipping, using the most trusted carrier and delivery companies, some damage may occur during transit. If damage is found, during inspection, You are advised to make note of said damage on the Bill of Lading and contact us immediately. If the product is severely damaged, You are not required to accept delivery. If the product presents small partial damage or shortage, please accept it and list on the Bill of lading the damaged areas and shortage. Please also take pictures of the damages or shortage. Note that all of the products leave the warehouse with insurance of 100% of their value, therefore, if something arrives damaged, don’t worry. Crafton Living will work with the insurance to determine if the damage can be repaired or solved with a replacement or if a new product needs to be ordered and will provide you with the solution. In case of shortage, Crafton Living will provide the missing piece/s the soonest as possible. However, it is very important that you note those damages and shortages on the Bill of Lading at the time of the delivery, as they will speed up the claim process. (If you are receiving an order of multiple products, more than one, and one or some of them arrive with severe damages and you refuse to accept it/them and send it/them back, the other products that arrived in good conditions must be accepted and cannot be sent back, only the damaged product/s can be sent back). If you received the products, did not inspect them and signed a clean Bill of Lading and a few moments later you realized that they present some damage, you will be under a claim case called “Concealed Damage”. Concealed damages must be reported to us in writing along with digital pictures within 72 hours of the delivery. Please note that concealed damage claims are subject to further review and investigation and will take more time to be resolved. That is why we encourage you to always inspect the product at the time of delivery and note any damage or shortage on the Bill of Lading. After 72 hours of the delivery of an order and with a
signed Clean Bill of Lading, Crafton Living cannot be held responsible for damages and/or shortage, no claims will be accepted by us and you will have to file them directly with the shipping company.
11. Types of Deliveries.
If you decide to have your order delivered by one of Crafton Living’s trusted delivery partners, you will be able to select any of the below delivery options:
– Warehouse Delivery
– Threshold Delivery
– Inside Delivery
– White Glove Delivery Service and Assembly
As a courtesy to our clients, we offer both warehouse and Threshold delivery free of charge for most of our brands (within Continental USA and possibly Canada, not Mexico). There are very few brands which do not include delivery. In those cases, a separate delivery charge is included at checkout.
A) Warehouse Delivery consists of delivering your order to a warehouse of your choice. This delivery is offered at no extra cost. The order will not be unpacked, installed or assembled in any way.
B) Threshold Delivery consists of delivering your order to the first protected area outside of your home or designated destination (for example: garage, front porch, entrance) and is also offered at no extra cost. The order will not be delivered to an indoor location or be carried to another floor. It will not be unpacked, installed or assembled and removal of debris or old furniture is not included.
C) Inside Delivery consists of delivering your order to the room of your choice of your home or the designated destination. The order will not be unpacked, installed or assembled and removal of debris or old furniture is not included. This delivery is offered at an additional flat rate of $45.00 per order. It does not matter if the order includes one or multiple products, the fixed cost of the Inside Delivery will be the same. (Does not apply to Canada or Mexico which will have a different delivery rate)
D) White Glove Delivery and Assembly is our highest delivery service and includes shipping, delivery, and complete installation of the ordered Products, as applicable, in the room/s of your choice. It does not matter the number of products nor the time it takes to install them. This service is offered at an extra flat rate of $95.00 per order. It does not matter if the order includes one or multiple products, the fixed cost of this service will be the same. This service includes complete assembly of your order. There are no time limits or excess flights of stairs to carry products up. It does not matter if the installation takes 30 minutes or 5 hours, no additional fees will be collected, so relax and just wait as your luxury pieces are installed. Moreover, after the delivery is done, debris will be removed. Removal of old furniture is not included. Notwithstanding the above, Crafton Living reserves the right to cancel the White Glove Delivery and Assembly service and provide You with a full refund of the applicable cost, if the requested assembly and placement of the Products is impossible or commercially unreasonable or impractical, with said determination being made at Crafton Living’s sole and absolute discretion. This service does not include electrical or structural installations (for example: suspension or wall lamps). If a product needs to be installed attached to a wall, it is the responsibility of the client to prepare the proper backing of the wall before the installation. (Does not apply to Canada or Mexico which will have a different delivery rate). All the above-mentioned delivery options and prices are only valid within the contiguous United States. Canada and Mexico will have a different rate which will be specified at the end of the checkout (if ordered through our website) or at the end of the Order Confirmation (if ordered through our sales team). For shipping to other US Regions or International Shipping, please contact Crafton Living. For any of the delivery options, you are responsible for ensuring that there is adequate access to the premises that allow the delivery to be made. Additional costs to access your premises and make the delivery are your responsibility (for example: the need of a crane, a special truck or vehicle to access difficult roads, forklift, etc.). In case special resources like the ones mentioned above are needed, please contact Crafton Living to check if they can be provided to you at an additional cost or if they need to be provided by you. If delivery is attempted but could not be made because of your premises or because you did not provide Crafton Living with the special resources to make it as mentioned above, the order will be shipped back to our warehouse and you will be charged for transportation, storage fees and re-delivery which will need to be paid before arranging the new delivery. If delivery is attempted on the scheduled date, but there is no one to accept it, you will be charged for transportation, storage fees and re-delivery. In all deliveries, it is the responsibility of the customer, warehouse or the person designated by the client to inspect the order upon its arrival and to sign the Bill of Lading after it was delivered. In cases where an installation cannot be completed on the same day as delivery—whether due to the need for wall drilling, structural requirements, or the complexity of the installation requiring specialized services—it is the responsibility of the recipient to thoroughly inspect all products at the time of delivery before signing the Bill of Lading (BOL). The installer will conduct a secondary inspection at the time of installation; however, any damage identified at that stage that was not noted on the original BOL and that may have occurred after delivery shall not be the responsibility of Crafton Living.
12. Delivery Date is an Estimate.
The delivery date shown in the Order Confirmation is intended to be an estimate only. Because these Products are shipped from inland or overseas, depending on the manufacturer, actual delivery dates may vary due to several factors, including manufacturer stock shortages, production delays, shipping delays, customs delays,
severe weather conditions, and/or other causes of force majeure. Crafton Living does not warrant any date of delivery and shall not be responsible for any delay whatsoever. In no event shall a delay in delivery entitle You to cancel the Order, whether in whole or in part, or to make any claim or demand of any kind or nature whatsoever against Crafton Living. This provision applies to the standard lead time of each Product. The last week of December and the first week of January are excluded from all stated lead times, as most manufacturers suspend or significantly reduce operations during these periods due to factory closures.
13. Variations in Products.
Digital or real samples of marble, wood, leather, fabric, melamine, metals, lacquer or any other finishes may vary due to the nature of these elements combined with other factors involved in the finishing processes. These variations shall not entitle You to refuse the products. Product measurements shown on our website, quotes, and/or Order confirmations were sent to us by the manufacturers, they may have a small margin of error from what was originally specified. Crafton Living shall not be liable for any discrepancies in dimensions. If the exact dimensions are mandatory for you, then before ordering the product/s, please contact us to request exact dimensions (including acceptable margins or error) and we will attempt to confirm said dimensions with the manufacturer. Upholstered products, on average, may present up to +/- 3% in variation of the dimensions due to the manufacturing process, padding and tightness of the upholstery.
14. C.O.M. Fabrics / C.O.L. Leathers.
Some of the products that Crafton Living offers can be done with C.O.M. / C.O.L. covers. The C.O.M. Fabrics / C.O.L. Leathers must be sent by You, the Purchaser, directly to the applicable Manufacturer, and You are responsible for all shipping costs and, where applicable, duties, until the C.O.M. / C.O.L. reach the Manufacturer’s factory or warehouse.
● For international Manufacturers, the C.O.M. / C.O.L. must be sent under DDP Terms (Delivery and Duties Paid). Neither Crafton Living nor the Manufacturer will be responsible for the payment of shipping charges or duties at destination.
● For U.S.-based Manufacturers, the C.O.M. / C.O.L. must be sent prepaid, at Your own expense, directly to the Manufacturer’s factory or warehouse. Neither Crafton Living nor the Manufacturer will be responsible for any shipping charges to get the C.O.M. / C.O.L. to that destination.
In either case, C.O.M. / C.O.L. need to arrive at the Manufacturer totally free of charge to the Manufacturer (this also applies for C.O.M. / C.O.L. swatches that sometimes some Manufacturers request to receive in order to approve them).
Manufacturers WILL NOT start production of products UNTIL they receive the C.O.M. / C.O.L. at their respective factory or warehouse; therefore, our estimated delivery time will start ONCE the C.O.M. Fabrics / C.O.L. have arrived at the Manufacturer.
15. Special offers and promotions.
Many times, Crafton Living will offer promotions on certain days of the year (such as holidays) on some or all of their products. These promotions can be offered as gift cards or discounts either through the website and/or by contacting Crafton Living directly. Promotions are available for a very limited time with or without prior notification. Placing an order for one, multiple or all products that are later offered with a promotion or at a lower price, does not entitle You to cancel the order or modify it by any means. The price of the order will remain the same as how it was first ordered and cannot be changed. Products are subject to price changes due to changes in costs, special offers, and/or promotions, but once an order is placed, it cannot be changed or canceled. Crafton Living reserves the right to apply promotions or special offers to either retail or trade prices or both. This is at the sole discretion of Crafton Living and will depend on the terms of each promotion. Gift cards or Coupon Codes would be used for such promotional purposes.
Coupon Code Terms: – Coupon codes are valid only for the intended recipient and may not be shared, sold, or otherwise transferred unless expressly permitted by us. Coupon codes may not be published, distributed, or otherwise made publicly available through any medium, including but not limited to websites, blogs, social media platforms, magazines, or any other online or offline publication. – Unless otherwise stated, coupon codes are valid for first-time subscribers only and may be redeemed only on your first purchase made through our website. – This offer is strictly limited to first-time subscribers only. If a user unsubscribes and then re-subscribes in an attempt to obtain or reuse a first-time subscriber coupon code, the code will be deemed invalid. Each customer is allowed to use the code only once. Multiple uses or attempts to bypass this restriction are prohibited and may result in the cancellation of the order and/or restriction of access to future promotions. – The offer is non-transferable and has no cash value. It cannot be exchanged for cash or credit. – Coupon codes cannot be combined with any other ongoing promotions, offers, discounts, or coupon codes, unless otherwise expressly stated. – Misuse of promotional codes, including but not limited to unauthorized reproduction, resale, modification, or publication, is prohibited.
– Promotional discounts may not apply to certain products or categories, including but not limited to limited-edition items, collaborations, or gift cards, unless otherwise specified. – We reserve the right to cancel any order due to unauthorized, altered, or ineligible use of a coupon or promotion.
16. Shipping of physical samples.
You can request Crafton Living to send you physical samples of finishes and materials to review them in person and confirm your order, which may be sent by Crafton Living at its sole discretion. All samples are sent with a Return Label in pdf format for the client to return them back. All samples are sent for a period of up to two (2) weeks from the date of arrival at the client’s destination. After those two (2) weeks, the samples are to be returned to Crafton Living using the provided Return Label. If samples are not returned after two (2) weeks or are partially returned, Crafton Living will charge the client with the cost of each sample. This cost varies depending on the samples that were sent. If samples are returned damaged, Crafton Living will charge the client the full cost of new samples to replace them.
17. Price Match.
If you find the same branded product offered by an eligible U.S. retailer at a lower price, we may match it. Price match requests must be based on an apples-to-apples comparison under the same conditions. This means the competitor offer must be for the identical item and specifications (for example: same materials, finishes, size, configuration, and condition) and must be available for purchase and delivery to the same U.S. destination under comparable delivery terms (for example: similar shipping method/service level and any mandatory delivery fees). The competitor price must be current and active at the time of our review. Even if a lower price appears on a published webpage, it is not eligible if, in our reasonable determination, it reflects an outdated, expired, superseded, or otherwise inactive price (for example, a price that is no longer honored at checkout, applies to a prior season/price list, or cannot be purchased at that amount at the time of verification). To request a price match, please send our team the product link on our site, the competitor’s link showing the lower price, and your shipping ZIP code (and any delivery details shown at checkout). Price match requests must be submitted before you place your order. We do not price match after a purchase has been made. All requests are subject to verification. We reserve the right to deny any price match request in our sole discretion, including (without limitation) where the competing offer cannot be verified as a current purchasable offer, is not for the identical item/specifications, is not available for delivery to the same location under comparable terms, is part of a clearance/closeout or liquidation, is a
marketplace/third-party seller listing, reflects a pricing error, or otherwise does not meet our requirements.
18. Copyright.
This Website is designed for the personal, noncommercial use of our customers. You are prohibited from copying or downloading any materials presented on our website, except for personal, noncommercial purposes. Reproduction, publication, transmission, display, distribution, modification, creation of derivative works, sale, or involvement in any sale, or exploitation of any kind, in whole or in part, of the contents or the website itself is strictly prohibited.
19. Trademarks.
The trademarks associated with the Crafton Living.com website and the Crafton Living logo are the exclusive property of Crafton Living LLC. Any other trademarks, company logos and product names referenced here belong to their respective owners.
20. Disclaimer regarding inaccuracies and automatic translations.
Information displayed on the Website may occasionally include typographical errors, inaccuracies, or omissions, including (without limitation) product descriptions, specifications, materials, dimensions, images/colors, customization options, lead times, pricing, promotions, taxes, shipping/delivery estimates, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change, update, or remove information at any time without prior notice, including after an order has been submitted. To the extent permitted by applicable U.S. law, if any information (including pricing or availability) is incorrect, we may cancel or refuse any order, limit quantities, and/or contact you for instructions; if your order is canceled after payment has been processed, we will issue a refund in accordance with our policies and applicable law. We regret any inconvenience this may cause. For convenience, the Website may offer an automatic translation function provided through third-party technology, including the UserWay widget. Machine translations are provided “as is” and may contain errors, omissions, or mistranslations and may not reflect the intended meaning (including with respect to product information, pricing, availability, policies, or order terms). To the maximum extent permitted by law, Crafton Living LLC disclaims liability for reliance on translated content. In the event of any conflict between the English version of the Website and any translated version, the English version controls. If you have questions or need confirmation, please contact us before placing an order. Proper names and trademarks. Automatic translation may incorrectly translate proper names, brand names, or trademarks (including brand names). Any translated
rendering is provided for convenience only; references are intended to refer to the original name shown on the Website in its non-translated form, and if there is any difference between a translated version and the original, the original (non-translated) version of the Website will prevail.
21. Confidentiality Information and Registered Customer Information.
21.1. Confidential Information. By Your use of the Website, You agree to be bound by these Terms and Conditions. You and Crafton Living agree that these Terms and Conditions, all information designated by Crafton Living as “confidential,” “restricted,” “proprietary” or with a similar designation, Crafton Living all User Information, shall remain confidential, except as provided herein or pursuant to the Privacy Policy. You and Crafton Living also agree that Crafton Living shall own all data or information entered into the Crafton Living system. 21.2. Rights to User Information. Crafton Living owns all right, title and interest in and to all User Information resulting from the collection of information by Crafton Living. User Information will be treated as Confidential Information by the Parties. Crafton Living will have complete access to, the right to review, and the right to obtain, the entirety of all electronic or other files to the extent such files contain User Information.
22. Miscellaneous.
22.1. Entire Agreement. These Terms set forth the entire agreement related to the services and products contemplated herein, except as otherwise specifically agreed in writing by the Parties now or in the future and supersedes all prior promises, representations, or agreements (oral or written). Neither Party will be bound by, and each Party specifically objects to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is proffered by the other Party in any correspondence or other document, unless the Party to be bound thereby specifically agrees in writing that such provision will modify this Agreement. 22.2. Agreement Changes. We may, in our sole discretion, modify or amend these Terms and Privacy Notice without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED USE OF THE WEBSITE, OR REGISTRATION THEREON, AFTER WE CHANGE THESE TERMS AND CONDITIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES. 22.3. Termination by Crafton Living. Crafton Living may terminate your registration at its sole discretion without notice. 22.4. Use of the Crafton Living System. You agree to abide by these Terms and Conditions and any applicable laws, and agree that You will not take any action that is fraudulent, misuses the Crafton Living system, or that is harmful to our interests or
those of another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. 22.5. Choice of Law and Venue. By ordering Products or merchandise from Crafton Living, you agree that (1) such transactions are occurring in Miami-Dade County, Florida, and (2) Florida law applies to all transactions notwithstanding the application of any conflict of law provision. For any matter not subject to binding arbitration under Section 23.9 (including actions to confirm, enforce, or vacate an arbitration award, and claims properly brought in small claims court), venue shall be in any Court of competent jurisdiction located in Miami-Dade County, Florida. 22.6. Attorney’s Fees and Costs. In the event of any dispute, the prevailing party shall be entitled to its attorney’s fees and costs, including, but not limited to court costs, travel expenses, expert witness fees, and investigative fees. 22.7. Waiver of Right of Jury Trial. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL ON ANY CLAIM BROUGHT AGAINST CRAFTON LIVING ARISING FROM OR RELATING TO THE PURCHASE OF PRODUCTS OR MERCHANDISE FROM CRAFTON LIVING. 22.8. Headings and Titles. The heading and titles to the various sections of these Terms are inserted for convenience only and shall not be deemed a part of, or affect the construction or interpretation of, the provisions of this Agreement. 22.9. Arbitration Agreement and Class Action Waiver. Any dispute, claim, or controversy arising out of or relating to these Terms, the Products, or Your use of the Website shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court, except that either party may bring an individual action in small claims court. YOU AND CRAFTON LIVING EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. The arbitration will take place in Miami-Dade County, Florida, and Florida law will apply. This arbitration agreement survives the termination of Your relationship with Crafton Living.
23. LIMITED WARRANTY.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE PROVIDED BY THE MANUFACTURER OF THE PRODUCTS. ANY WARRANTY PROVIDED BY A MANUFACTURER DOES NOT COVER (1) PHYSICAL DAMAGE DONE BY YOU TO THE PRODUCTS; (2) DAMAGE CAUSED BY IMPROPER INSTALLATION, IMPROPER OR ABNORMAL USE, MISUSE, NEGLECT OR ACCIDENT; (3) DAMAGE CAUSED BY NON-COMPLIANCE WITH THE PROPER MAINTENANCE OF THE PRODUCTS OR PLACING EXCESSIVE FORCES ON THE PRODUCTS; AND (4) PROBLEMS ARISING FROM ISSUES OTHER THAN DEFECTS IN MATERIALS OR WORKMANSHIP. THE MANUFACTURER RESERVES THE RIGHT TO DETERMINE WHETHER A PRODUCT HAS BEEN DAMAGED AS A RESULT OF THE FOREGOING LIMITATIONS. PRODUCTS SOLD BY CRAFTON LIVING ARE SOLD TO YOU “AS-IS” AND THE ONLY WARRANTY BEING
PROVIDED TO YOU IS ANY WARRANTY PROVIDED BY THE MANUFACTURER. CRAFTON LIVING DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT.
24. LIMITATION OF LIABILITY.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN CRAFTON LIVING ORDER CONFIRMATION FOR THE PURCHASE OF PRODUCTS OR MERCHANDISE, IN NO EVENT WILL CRAFTON LIVING OR ITS DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE INDIVIDUAL LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO (1) THE ORDERING OF PRODUCTS, (2) THE DELIVERY OF PRODUCTS, (3) THE USE OF PRODUCTS, OR (4) ANY OBLIGATION OF CRAFTON LIVING AS PROVIDED FOR IN THESE TERMS AND CONDITIONS. CRAFTON LIVING TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE VALUE OF PRODUCTS PURCHASED. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR CRAFTON LIVING REGISTRATION. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.