Terms and Conditions
TERMS & CONDITIONS
Last updated: July 2, 2016.
Welcome to the CloClo & Rino website (the "Website"). Please review the following Terms and Conditions carefully. Your purchase of products from us constitutes your agreement to follow these Terms and Conditions and to be bound by them (the “Agreement”). CloClo & Rino reserves the right to update or modify these Terms and Conditions at any time without prior notice.
Personal information submitted through the website
Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of CloClo & Rino, LLC dba CloClo & Rino. The collective work includes works that are licensed to CloClo & Rino. Copyright 2015, CloClo & Rino. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with CloClo & Rino or purchasing CloClo & Rino products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with CloClo & Rino or to purchase CloClo & Rino products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by CloClo & Rino. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks All trademarks, service marks and trade names of CloClo & Rino used in the site are trademarks or registered trademarks of CloClo & Rino.
Warranties ALL CLOCLO & RINO'S PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH THE WEBSITE AND IN OUR STORE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." HOWEVER, SOME MANUFACTURERS DO OFFER WARRANTIES ON MERCHANDISE PURCHASED FROM THEIR COMPANY. EXCLUSION – THIS WARRANTY DOES NOT COVER (A) WEAR, FADING, PILLING, WRINKLING, SHRINKAGE, AND DYE LOT VARIATIONS OF FABRIC OR LEATHER PRODUCTS; (B) DAMAGE DUE TO NEGLIGENCE, MISUSE, FIRE, ABUSE, THE ELEMENTS OR ACTS OF NATURE, ACCIDENTS, IMPROPER CLEANING OR DISCOLORATION FROM SUNLIGHT OR ARTIFICIAL LIGHT SOURCES; (C) VARIATION OF THE COLOR OR GRAINING OF WOOD PRODUCTS, MARBLE OR LEATHER; (D) FINISHES THAT HAVE BEEN AFFECTED BY THE PURCHASER; (E) MERCHANDISE SOLE “AS IS”; (F) BREAKAGE, CHIPS, SCRATCHES OF GLASS SHELVES, TABLETOPS AND GLASS PRODUCTS; (G) MERCHANDISE SOLD FOR COMMERCIAL USE. ALL WARRANTIES ARE LIMITED TO THE ORIGINAL PURCHASER AND DELIVERY ADDRESS ONLY. CLOCLO & RINO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH CLOCLO & RINO HEREBY EXPRESSLY DISCLAIMS. CLOCLO & RINO DOES NOT GUARANTEE THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE WEBSITE WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. CLOCLO & RINO WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.
Limitation of Liability CLOCLO & RINO WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE WEBSITE OR CLOCLO & RINO'S PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO, THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CLOCLO & RINO.
IN NO EVENT WILL CLOCLO & RINO'S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF CLOCLO & RINO SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
Typographical Errors In the event that a CloClo & Rino product is mistakenly listed at an incorrect price, CloClo & Rino reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CloClo & Rino reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, CloClo & Rino shall issue a credit to your credit card account in the amount of the incorrect price. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by CloClo & Rino without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice CloClo & Rino may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to CloClo & Rino.
Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of CloClo & Rino products) shall be in the state or federal courts located in Harris County County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of CloClo & Rino products) must be commenced within one (1) year after the claim or cause of action arises. CloClo & Rino's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. CloClo & Rino may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CloClo & Rino or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. CloClo & Rino, LLC reserves sole right to terminate your access to the site and/or blog at any time without notice.
Participation Disclaimer CloClo & Rino does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, CloClo & Rino is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, CloClo & Rino reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to CloClo & Rino in its sole discretion.
Indemnification You agree to indemnify, defend, and hold harmless CloClo & Rino, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links In an attempt to provide increased value to our visitors, CloClo & Rino may link to sites operated by third parties. However, even if the third party is affiliated with CloClo & Rino, CloClo & Rino has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CloClo & Rino. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, CloClo & Rino seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Returns Here at CloClo & Rino we pride ourselves in superior quality, design, and craftsmanship. We inspect our pieces prior to shipment to make sure it is in perfect condition before leaving our warehouse. Upon receipt, please immediately inspect your product for any damages or areas of concern. Please notify us of any damages within 24 hours of receiving your shipment and we will promptly make appropriate arrangements. So that we can provide immediate attention to a damaged piece we prefer that you contact us via e-mail: firstname.lastname@example.org. Please note, if you fail to inspect your item within the 24 hour timeframe or transport it to a second location you will no longer be eligible for a replacement or return.
If you are simply unhappy with your purchase you may return any item within 7 days of delivery. However, all furniture custom/special orders are final. You will be responsible for a 20% stocking fee as well as round trip shipping fees. All returns must be made in their original packaging which you will need to retain upon delivery. If original packaging is impossible to obtain you will be responsible for the cost to repackage your item. In any and all cases we reserve the right to opt for a full refund over product replacement, contingent upon receipt of the product in new condition. A re-stocking fee may be assessed.
Sale Items Sale items are on final sale and can not be exchanged or returned.
Promotion Code Exclusions Our promotion codes are only applicable on full price online merchandise. Our WELCOME10 promotion is not applicable on furniture and sale items.
Special orders For special order items, we will visit with you personally about reserving your products for import. All products are packed and loaded carefully by our manufacturers in a dedicated ocean container and imported by CloClo & Rino for the most efficient and safest handling. Import takes place when a manufacturer’s container is filled by CloClo & Rino. CloClo & Rino can import to any port in the U.S. A 50% non-refundable deposit is required for special order. The deposit is refundable if the goods are undeliverable, as in out of stock, lost or damaged. The remaining 50% is due when container is ready to leave from Europe to your choice of port of entry. This balance will be charged to the credit card listed on your order form once the furniture ships from the manufacturer. You will receive an email detailing the transaction sent to the email address provided on the order form. Please note on the order form if you would like to be contacted BEFORE your balance is charged.
Cancellation/Refund Policy All case good and upholstery orders are custom and built on the customer's specifications at the time of sale. As such, the customer is responsible for any costs incurred by CloClo & Rino up to the point of cancellation including return freight and re-stocking fees. If your order is damaged you must email clear pictures showing the damage within 24 hours of receiving your order. In any and all cases we reserve the right to opt for a full refund over product replacement.
Changing/Modifying an existing order In the event that you need to change or modify an existing order, the sooner we hear from you the more likely we can make it happen. Typically within 24 hours of your purchase we are able to make necessary modifications but this will depend on how quickly the factory is able to begin creating your piece. We can't make any promises but will do our best to accommodate you.
Shipping Small parcels: CloClo & Rino does not provide delivery. We offer delivery to you of all small items through an outside delivery company such as USPS or UPS. Deliveries cannot be made to U.S. Post Office Box addresses.
Furniture delivery Payment in full is due prior to delivery of your merchandise.
You are financially responsible for pick up or delivery of the merchandise, which is not included in the price of the merchandise. If you are unable to accept delivery of the merchandise within two weeks, you will be charged a storage fee for every month, or portion thereof, during which CloClo & Rino, or its agents, retain possession of the merchandise.
White Glove Delivery service providers are available, who will pick-up the item and deliver into your home, unpack it and remove all packaging, and provide assembly. You may find this service by searching online.
When your merchandise leaves CloClo & Rino it is in perfect condition. You are responsible for inspecting your furniture at the time of delivery, and by signature, accept the merchandise. Any damage to the merchandise, or your property, needs to be reported to the delivery company and its agent IMMEDIATELY at the time of delivery. After the delivery company leaves your home, we take the position that you have received your furniture in the same perfect condition in which it left our store or warehouse. CloClo & Rino is not responsible for damaged personal property or damaged, wrinkled, or soiled merchandise.
Delivery companies are not agents of CloClo & Rino, but independent contractors. As independent contractors, they are responsible for the proper care and handling of your merchandise. They are contracted on your behalf and YOU HAVE THE CHOICE OF SELECTING YOUR OWN DELIVERY SERVICE. CloClo & Rino does not make a profit or receive any compensation from the contracted delivery companies.
Pricing policy All prices in our store and online are in US dollars and are subject to sales tax for residents of Texas, in accordance with state and local laws. Availability, prices and delivery rates are subject to change. There may be errors in the prices, descriptions or images of certain merchandise, and we must reserve the right to restrict orders of those items. CloClo & Rino has made every effort to ensure accurate information is presented in our store and on our website; omissions and errors are subject to correction.