Terms & Conditions of use
Welcome to 99 Level Design Studio LLC
These Terms and Conditions (Terms, Agreement) govern your access to and use of the website located at 99leveldesign.com and 99lvldesign.com (Website) and any orders, purchases, or transactions made through the Website. By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Website.
This Website is operated by 99 Level Design Studio LLC (Company, We, Us, or Our), a business headquartered in Florida, selling luxury and custom upholstery products nationwide.
1. General Applicability
1.1 Acceptance of Terms
By accessing or using this Website, you agree to these Terms, which constitute a legal agreement between you (Customer, You, or Your) and the Company. You agree to be bound by this Agreement every time you use the Website or place an order.
1.2 Scope
These Terms apply to all visitors, users, and customers of the Website, including but not limited to individuals browsing the Website, prospective buyers, and those ordering custom or pre-designed upholstery products.
1.3 Modification of Terms
We reserve the right to amend or update these Terms at any time. Such changes will be effective immediately unless otherwise specified. Continued use of the Website after modifications constitutes your agreement to follow and be bound by the amended Terms.
2.Placing Orders and Acceptance
2.1 Order Placement
To make a purchase, you must use the ordering mechanisms provided on the Website. Submission of an order constitutes an offer to purchase, subject to acceptance by the Company.
2.2 Order Confirmation
We reserve the right to accept, reject, or cancel any order, at our sole discretion, even after confirmation. Orders will only be deemed accepted when the Company issues a written confirmation (including email).
2.3 Custom Orders
For bespoke or customized upholstery pieces, a non-refundable deposit may be required at the time of order confirmation. Custom orders cannot be canceled, returned, or refunded once production has commenced, except as provided in Section 5.3 for defective or materially non-conforming goods.
2.4 Accuracy of Information
You are responsible for ensuring that all information provided in connection with an order (e.g., dimensions, fabric selections, delivery address) is accurate. Errors or omissions may result in delays or additional charges.
3.Pricing and Payment
3.1 Pricing
All prices are listed in U.S. dollars and are subject to change without prior notice. Prices listed on the Website exclude taxes, shipping fees, and any applicable customizations unless otherwise noted.
3.2 Payment Terms
We accept major credit cards, debit cards, and other electronic payment methods as indicated on the Website. Payment must be completed when placing an order, unless otherwise permitted by the Company.
3.3 Taxes
Customers are responsible for all applicable sales or use taxes, VAT, or similar governmental charges. Taxes will be calculated based on your shipping address.
3.4 Payment Disputes
If any payment dispute arises, such as an unauthorized charge, You must notify us promptly. Unauthorized disputes may result in cancellation of the order at our sole discretion.
4.Shipping, Delivery, and Risk of Loss
4.1 Shipping and Delivery
Products will be shipped to the address provided at checkout. Shipping timelines are approximate and are subject to change based on supply chain or carrier limitations.
4.2 Risk of Loss
Title and risk of loss transfer to the Customer upon product shipment.
4.3 Delivery Delays
The Company is not liable for delays caused by third-party carriers, acts of God, or other force majeure events (see Section 11).
4.4 International Shipping
Orders are only shipped within the United States unless otherwise agreed.
5.Returns, Refunds, and Cancellation Policy
5.1 Custom Products
Due to the unique nature of custom and bespoke upholstery, these products are non-returnable, non-refundable, and non-cancelable after production begins. This does not affect your rights under Section 5.3 for defective or materially non-conforming goods.
5.2 Pre-Designed Products
Non-customized upholstery products may be eligible for return within 14 days of receipt, subject to a restocking fee of 30% and return shipping charges. Refunds will only be processed for products returned in new, unused, and original condition.
5.3 Defective or Non-Conforming Items
If a product is received damaged or materially defective, You must notify Us within five (5) days of delivery. The Company will, at its discretion, repair, replace, or issue a refund for the defective item in accordance with applicable law.
5.4 Order Modifications
Changes to custom orders may only be made within 24 hours of order placement, subject to approval. Additional fees may apply.
6.Product Warranties and Disclaimer of Liability
6.1 Manufacturer’s Warranty
The Company provides a limited warranty on its products for a period of [X] months from delivery. The warranty covers material and manufacturing defects under normal residential use.
6.2 Exclusions
The warranty does not cover improper use, accidental damage, neglect, or normal wear and tear. For upholstered items, variations (e.g., in fabric color, texture, or stitching) are inherent to luxury goods and not deemed defects.
6.3 Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY PROVIDED ABOVE, ALL PRODUCTS AND SERVICES ARE PROVIDED AS IS AND WITHOUT ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
6.4 Limitation of Liability
To the maximum extent allowed by law, the Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising from Your use of the Website or purchases of Our products.
7.Privacy and Data Use
Your use of the Website is governed by our [Privacy Policy] www.99lvld.com/privacy which is incorporated by reference into these Terms. By using the Website, you consent to Our collection, use, and sharing of information as described in the Privacy Policy. Customers have rights under applicable state privacy laws, including the right to request access to or deletion of personal data.
8.Intellectual Property and Ownership
All content, designs, trademarks, and intellectual property found on the Website are the sole property of the Company or its licensors. Use or reproduction of any such material without prior written consent is strictly prohibited. Customers are specifically prohibited from reproducing, copying, or distributing custom upholstery designs or modifications without Our express authorization.
9.Governing Law and Dispute Resolution
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions.
9.2 Dispute Resolution
Any dispute arising under these Terms shall first be attempted to be resolved through good-faith negotiations. If unsuccessful, disputes will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.
9.3 Exceptions to Arbitration
Either party may bring individual disputes in small claims court instead of arbitration, provided the claims qualify for such jurisdiction. Arbitration will not apply where prohibited by law.
9.4 Venue
Any arbitration or legal proceedings shall occur exclusively in Florida, unless otherwise required by law.
10.No Waiver and Severability
10.1 Waiver
Any failure by the Company to enforce any provision of these Terms shall not be deemed a waiver of such provision.
10.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
11.Force Majeure
The Company shall not be held liable for delays or failures resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, pandemics, labor shortages, or transportation delays.
12.Entire Agreement
These Terms, along with Our Privacy Policy, constitute the entire agreement between You and the Company regarding Your use of the Website and purchases made through it.
For questions or additional information, please contact us at info@99leveldesign.com.