TERMS & CONDITIONS

CG Terms & Conditions

The following terms & conditions and all terms incorporated herein ("Terms") apply to your access to and use of the website christopherguy.com, mobile applications and online services (collectively referred to as either the "Services" or "CG-Online") of Style Forum Inc. and our subsidiaries and affiliates (individually and collectively referred to herein as "Christopher Guy", "CG", "we" or "us") and your purchase of products and services from us. By accessing or using the Services or making a purchase from us, you hereby agree to be bound by these Terms.

These Terms do not alter the terms or conditions of any other agreement you may have with us. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to bind the entity on whose behalf you are contracting, and such entity agrees to be bound by these Terms. By placing an order for products or services from CG-Online, you accept and are bound by these Terms

If you do not accept these Terms, please discontinue access or use of the website and the Services and please do not purchase products or services from us. Your access and/or use of the Services shall be deemed to be an acceptance of these Terms.

We may, from time to time, and at our sole discretion, vary or amend these Terms without notice to you by posting the amended Terms on this Site. If we make changes to these Terms, we will provide notice of such changes by updating the “Last Updated” date at the beginning of these Terms. Any use of the Services after the amendment of these Terms will be deemed to be acceptance of the amended Terms by you. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access and use the Services and purchase products or services from us. If you do not agree to the amended Terms, you should discontinue using the Services.

If you have any questions, comments or concerns about these Terms, please contact us at clientservices.us@christopherguy.com

1. Usage of Services

The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older; (b) have not engaged in any activity that could result in suspension or removal from the Services or have not been previously suspended from the same; and (c) you have the necessary legal capacity, right, power and authority to agree to these Terms and that doing so will not violate any other agreement to which you are a party.

2. Registration

To access and use certain areas or features of the Services, you will need to register for a CG-Online account. When registering as a member, you agree to provide accurate, current and complete account information, maintain and promptly update your account information as may be necessary, and maintain the security of your account credentials and the information you provide to us. You agree that you shall not share your account credentials with others and you shall notify us immediately if you discover or otherwise suspect any security breaches relating to the Services or your account.

3. Privacy

Please refer to our Privacy Policy for further information about how we collect, use and disclose information about you. The terms of the Privacy Policy are deemed incorporated into these Terms.

4. Terms of Sale

These Terms govern the purchase and sale of products and services from and by CG through the Services.

4.1 Pricing and Availability

All prices are shown in United States dollars, and taxes, shipping and handling charges are additional. For upholstery items, prices reflect the price of the item in standard-grade fabric, excluding any options. Please note that items are not necessarily shown on CG-Online in standard grade fabric.

All products and services are subject to availability, and we reserve the right to impose limits on the quantity of any order, cancel all or any part of an order, and/or discontinue products and services without notice, even if this takes effect after your order has been placed. Prices are subject to change without any prior notice.

4.2 Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge such card or other payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or otherwise not accepted, we will notify you and your order may be suspended or cancelled. In the event that you wish to change or update payment information associated with your CG-Online account, you may do so at any time by logging into your account.

4.3 Cancelling an Order

Order cancellations will not be accepted as our products are bespoke in nature. Once your payment is processed, you will have 24-hours (1 day) to cancel your order prior to the receipt of your order confirmation email.

To cancel an order, please visit the "Orders" section of your account or contact us at clientservices.us@christopherguy.com

4.4 Errors

While we endeavor to ensure the accuracy of our product and service descriptions and pricing, in the event of an error, whether on CG-Online, at a physical CG showroom, or in an order confirmation or the delivering of a product or service, we reserve the right to revise the order accordingly (to include correct pricing) or to agree to cancel your order and process your refund.

4.5 Taxes

If we are required to collect sales or use tax, you agree that the amount of tax shown at checkout may be adjusted to reflect the actual sales or use tax applicable to your purchase. Several factors may result in adjustments to the sales or use tax.

4.6 Shipping and Handling

You agree to pay any shipping and handling charges presented to you at the time of purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time.

Although we strive to provide the best estimates on your shipping and delivery dates, circumstances beyond our control may cause these dates to vary. Please note that all dates are approximate. Products that are delivered by our delivery services will require an appointment to be made for such delivery.

It is your responsibility to ensure that all furniture items will fit through any entrances and around corners into the desired location. We are unable to deliver furniture above the third floor without an elevator. Please note that the driver may request that you sign a damage waiver prior to attempting delivery of the product(s).

Please promptly notify CG-Online of any special requirements in order to complete your delivery. Orders that are cancelled or rescheduled due to special requirements that were not communicated prior to delivery will be charged additional appropriate fees. If CG-Online is unable to deliver your regular stock furniture to the desired location due to any omissions on your part under these Terms and your product is regarded as a returned item under our return policy, you will be charged a 25% restocking fee in accordance with our return policy.

Title to, and the risk of loss for, all products passes to you upon delivery. An adult authorized by you must be at home during your scheduled delivery window to accept and inspect your items and sign the acknowledgment that we provide upon delivery. If no adult authorized by you is at home to receive your scheduled delivery, we will not deliver your product(s) and you will be charged an additional delivery fee to reschedule another delivery.

4.7 BESPOKE DELIVERY SERVICE

Some products that are oversized, heavy, fragile or one of a kind are delivered by our bespoke delivery service to ensure their safe arrival. Bespoke products cannot be shipped by any other delivery method because of their weight, their size and/or the special care and handling they require. Appointments are necessary and you will be contacted by our delivery personnel prior to delivery. Bespoke deliveries are made Monday through Friday, 8 a.m. to 5 p.m.

As part of our bespoke service, we will bring the product(s) into your home, conduct basic assembly and dispose of any packaging materials. In the event that you require more complex assembly and/or installation, you are advised to contact a third party as we will be unable to provide this service. You are advised to carefully measure doorways, elevators, stairways and other spaces before placing your order to ensure that all items will fit into your home. In the event a product does not fit, it will be returned to our distribution facility and the original shipping charges, shipping costs to our facility, as well as a restocking fee will be charged to your account. A credit for the balance of the remaining balance after these charges are assessed will be posted to your account and may be used as a credit towards a future purchase.

Please contact clientservices.us@christopherguy.com to inform us of any potential delivery issues in your home, such as more than two flights of stairs, narrow entrances or a narrow driveway. Please note that additional charges may apply in such instances.

4.9 Damaged or Missing Products

Upon receipt of your order, please be sure to inspect your products before our delivery team leaves the premises. In the unlikely event that you receive a damaged product, CG will replace the product or issue a refund (including shipping charges) at no cost to you.

Please contact clientservices.us@christopherguy.com to provide us with details of the delivery and any damaged product. In the event a replacement or exchange cannot be made, we reserve the right to offer a substitute or refund.

In the event you do not inspect your product upon delivery, it is deemed that you have received the product(s) in good condition and any complaints thereafter will not be honored.

In the event that you observe significant damage to the product’s outer packaging, and, upon opening find damages to the product, please reject the shipment and have the carrier return it to us.

Please visit the "Orders" section of your CG-Online account to track the status of your orders. In the event that all your shipments have been delivered and you are still missing products, please contact clientservices.us@christopherguy.com immediately. Please note that it is possible that products will be shipped to you in multiple batches and not one single delivery.

4.9 Returns and Refunds

We accept returns and issue refunds for certain products that are returned to us in an unused and re-saleable condition within 14 days of receipt. Your item will be inspected upon return. Shipping is at the cost of the buyer. Note that some products are not eligible for return. To determine if a product is eligible for return please review the product description or the order details page in the “Orders” section of your CG-Online account. Products marked as “final sale”, “customized”, “special order fabric”, “COM (Customers Own Material)”, "COL (Customer Own Leather)", “tailor-made” are not eligible for return.

In the event that we issue a refund, a credit for the balance of the remaining balance, less a deduction of the original shipping fees, will be posted to your account to be used as credit towards a future purchase. We may also charge return shipping and restocking fees, if applicable.

5. Trademarks

"CG-Online", "CG", "Christopher Guy", "CG CLUB", "CLUB CG", logos and any other CG product or service names, logos or slogans that may appear on the Services or products are trademarks of CG and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other "hidden text" utilizing "CG-Online" or any other name, trademark or product or service name of CG without our prior written consent. Nothing in the Services and products, including, without limitation, all page headers, custom graphics and scripts, constitute the service mark, trademark or trade dress of CG and may not be copied, imitated or used, in whole or in part, without our prior written permission. Any other trademarks, registered trademarks, product and service names and company names or logos mentioned on the Services or products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

6. Hyperlinks

You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Services for non-commercial purposes, provided that such link does not portray CG-Online or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a CG logo or other proprietary graphic of CG to link to the Services without our prior written permission.

7. Copyright Complaints

In accordance with applicable laws, we have adopted a policy of limiting access to the Services by, or terminating the accounts of, individuals who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notification of alleged infringement at clientservices.us@christopherguy.com.

If you knowingly make any material misrepresentation in your notification that the material or activity is infringing, we reserve the right to damages, costs and attorneys' fees, without limitation, incurred by us as the result of our relying on such misrepresentation.

8. Third-Party Content

We may display content, advertisements and promotions from independent vendors and other third parties through the Services or in shipments with products (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. We have no control over, and are not responsible for any Third-Party Content or for any damage you may incur from the Third-Party Content (including any virus, spyware, malware, worms, errors or damaging material contained in the Third-Party Content) and you hereby irrevocably waive any claim against us with respect to the Third-Party Content.

When you leave the Services, you should be aware that our terms and policies no longer govern the services that you access. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Services. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and the third parties are solely responsible for any Third-Party Content.

9. User Conduct

You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services or any third-party platforms where we have an official presence, including social media platforms. You agree that you will abide by these Terms and will not:

• transmit any information, data, text, images, files, links or software through the Services, except as authorized by us;
• use the Services in any manner that could interfere with, disrupt, negatively affect or prevent other users from utilizing the Services or that could damage or impair the functioning of the Services in any manner;
• conduct fraudulent activities;
• develop any third-party applications that interact with User Content or the Services without our prior written consent;
• collect or harvest information regarding other users of the Services for any reason whatsoever;
• introduce to the Services any viruses, worms, trojan horses and/or harmful codes;
• obtain unauthorized access to any computer system, including, without limitation, access any application programming interface that may be provided in a manner not authorized by us;
• use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
• transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
• invade the privacy or violate any personal or proprietary rights, including intellectual property rights, of any person or entity;
• misuse special discounts or incentives offered by CG-Online; and
• use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

10. User Content

The Services may include interactive features and areas that allow users to create, post, share or store content (“Content”). In the event that you decide to share your Content with others through the Services or third-party platforms, you understand that this Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your Content and for your use of any interactive features and areas of the Services.

By using the interactive features and areas of the Services or any third-party platforms related thereto, you further agree not to reproduce, display, create, post, share or store any of the following:

• Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Content that may expose us or others to any harm or liability of any type;
• Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• Content that contains any private or personal information of a third party without such third party’s consent.

We reserve the right, and have sole and absolute discretion, to remove, screen or edit Content posted or stored on the Services at any time and for any reason.

We do not claim any ownership interest in your Content. However, by uploading, posting or submitting Content to the Services or to our pages or feeds on third-party platforms, you hereby grant CG a non-exclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your Content, in whole or in part, for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.

By uploading, posting or submitting Content to CG-Online or through our pages or feeds on third-party platforms, you represent and warrant that (a) such Content is non-confidential; (b) you own and control all of the rights to the Content or you otherwise have all necessary rights to post such Content; (c) you authorize CG to use such Content for the purposes described in these Terms; (d) the Content is accurate and not misleading or harmful in any manner; and (e) the Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law or third-party right.

11. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, hold harmless and defend CG and our respective officers, directors, employees, affiliates, agents, partners, contractors, vendors, manufacturers, distributors and representatives (together with CG, the “CG Parties”) from and against all claims, demands, actions, damages, losses, proceedings, liabilities, costs and expenses (collectively, “Claims”) that are caused by, arise out of or are related to (a) your use or misuse of the Services or materials; (b) your purchase or use of any products or services in a manner that is illegal or tortious or that violates the rights of another or constitutes a misuse of the products or services; (c) any Content or Feedback you provide; (d) your breach of these Terms; or (e) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any Claim and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). The CG Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms and your use of the Services, products or services you purchase from us.

12. Disclaimers

The Services and our products and services are provided on an "as available" and "as is" basis, without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not represent or warrant that (i) the Services and materials are free of errors; (ii) defects will be corrected; or (iii) the Services or our servers are free of viruses or other harmful components.

13. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the CG Parties be liable for any indirect, special, incidental, or consequential damages (including, but not limited to, damages for loss of profits, loss of data or loss of use, or damages for business interruption) arising out of or in any way related to the access to or use of the Services or materials (including but not limited to Content, Third Party Content and links to third party sites that we do not own or control) or any products or services purchased through the Services (including, but not limited to, any damages caused by or resulting from your reliance on any information provided by CG, or from events beyond our reasonable control, such as interruptions to all or portions of the services, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to CG’s records, programs or systems), regardless of the form of action, whether based in contract, tort (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of the CG Parties arising out of or in any way related to these terms, the access to and use of the Services and materials or any products or services purchased through the Services exceed the amount you paid to CG in connection with the event giving rise to such liability or, if you have not paid, $199.

The limitations set forth in this section 13 will not limit or exclude the liability of the CG Parties for personal injury or property damage caused by products or services purchased through the Services, or for the CG Parties' gross negligence, fraud, intentional, willful, malicious or reckless misconduct.

14. Modifications

We reserve the right to change any and all materials and to modify, suspend or stop providing access to the Services (or any features or functionality of the same) at any time, without prior notice and without obligation or liability to you. Under no circumstances will the CG Parties or our suppliers be held liable for any damages resulting from such interruptions or lack of availability.

15. Termination

We reserve the right, at our sole and absolute discretion, to terminate your right to access and use the Services, at any time and for any or no reason. You acknowledge and agree that we shall have no liability or obligation to you in such event.

16. Severability

If any provision of these Terms is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

17. Entire Agreement

Unless otherwise specified herein, these Terms constitute the entire agreement between you and CG with respect to the Services and any products and services you purchase from us and supersede all prior communications and proposals (whether oral, written, or electronic) between you and CG with respect to the same.

18. Waiver

CG’s failure to exercise or enforce any rights conferred upon it by these Terms shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

19. Assignment

These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you without the prior written consent of CG. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights on any other person or entity.

20. Governing Law

These Terms, your access to and use of the Services, and your order, receipt and use of products and services you purchase from us shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or that cannot be heard in small claims court, shall be resolved in the state or federal courts of Los Angeles, California.