Terms of Sale

Altered Forms Studio LLC

Standard Terms of Sale

Last Revision: v1, August 1, 2023

This website is owned and operated by Altered Forms Studio LLC. These Terms set forth the terms and conditions under which we sell our products and services. We know legal documents generally aren’t page-turning thrillers, but we ask you to take time to read and understand these terms prior to placing an order with us. If you have any questions about these terms, please contact us at info@alteredforms.studio prior to placing your order.

1. Standard Terms

We offer our products and services only on these terms and conditions. These terms may only be modified, added to, or varied by previous written agreement between us. Otherwise, any such modification, addition, or variation shall have no effect and shall not be construed as part of any agreement we have with you.

Should there be a conflict between these terms and conditions and any conditions stated in your order or quote, these Terms shall prevail. By requesting a quote from us, placing an order with us, or making payment against an invoice or order, you are signifying your receipt of and unconditional acceptance of these Terms.

We will not be deemed to have entered into a contract to supply products or services until we acknowledge receipt of your order or have shipped products which you have ordered. Quotations are valid for a period of 30 days unless specifically stated otherwise and do not constitute contractual offers. The rejection of any order shall not entitle you to bring any claim against us, including compensation for damages.

2. Your Representations

By using requesting a quote from us, or placing an order from us, you represent and warrant that:

1. You have the legal capacity and you agree to comply with and be bound by these Terms;

2. You are at least eighteen years of age;

3. You will not access our website through automated or non-human means, whether through a bot, script, or otherwise;

4. You will not use our website, products, or services for unlawful or illegal acts;

5. Any information you supply to us is current, complete, and correct.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to refuse any and all current or future use of our website and services (or any portion thereof), and to refuse, cancel, or terminate any orders which you may have with us.

3. Product Listings

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products we offer for sale. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.

All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products and services are subject to change.

4. Purchases and Payments

Accepted forms of payment will be displayed when we request payment from you. These may change without notice, and we reserve the right to discontinue accepting any particular form of payment.

You agree to provide current, complete, and accurate information for all purchases made with us, whether these are on our website(s) or through other means of communication. You further agree to promptly inform us if your information changes between when it is supplied and when we deliver the relevant products or services.

Prices on our website are in United States dollars (USD) and we only accept payments in USD. Unless stated otherwise, taxes and shipping charges are not included in our prices. Sales tax will be added to the price of your purchases as deemed required by us. You will be responsible for paying any sales taxes which we do not collect.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees. You authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same name, payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5. International Orders

We are currently not accepting orders from outside the United States. Any orders received from outside of the United States will be canceled and refunded.

6. Customized Orders

We may, from time to time, solicit and/or provide quotes for customized products that are personalized and/or made to a customer’s measurements, design, or specifications.

6.1. Acceptance and Payments

Our acceptance of a customized order shall occur once we have requested and received any payment towards these orders. Any payments made towards customized orders are non-refundable and non-transferable. We may, at our sole discretion, accept partial payments towards these orders.

6.2. Customer-provided Measurements

Some customized products may require you to provide us with your measurements so that they may be correctly sized for you. You are solely responsible for the accuracy of any measurements provided to us, and you understand and agree that we have no way of verifying your measurements are accurate or correct. Customized products supplied pursuant to customer-provided measurements are not eligible for return, refund, or exchange.

If you expect your measurements may change noticeably in the near future, we strongly encourage you to consider postponing your order until a later time. Any requested changes made to measurements are subject to section 6.4. Changes to Accepted Customized Orders below.

6.3. Customer-provided Designs

Some customized products provide you with the ability or option to provide us with a design you supply.

By submitting a design to us, you represent and warrant that:

1. You own the copyright to the design, or you have permission to use the design from the copyright holder and to grant us the following license:

2. You agree to provide us with a fully-paid, irrevocable, non-exclusive, and non-transferable license to use the design in connection with producing your order, and to create, publish, use, or otherwise incorporate photographs and/or videos of the product(s) produced for our advertising and marketing purposes. We may use these photographs and videos in any media without any restriction or additional payment.

3. Any patterns, templates, or other Artifacts that we internally create as part of producing your order are our sole property. You agree that you do not have any interest in or right to these Artifacts. You agree that we may retain these Artifacts indefinitely after the completion of your order.

We reserve the right to refuse to use any supplied design, with or without reason. If we have reason to believe that you do not own, and do not have permission to use a submitted design, we reserve the right to terminate the order. You agree that we may deduct the cost of materials purchased specifically for or consumed in the production of your order from any refund issued.

6.4. Changes to Accepted Customized Orders

We want you to be happy with your purchases, and we know plans or designs sometimes change over time. Where we are able to accommodate modifications to open orders, we will attempt to do so, but we are not under any commitment or obligation to do so. Please be aware that changes to customized orders may incur additional delays and/or costs, especially where it requires us to make changes to previous agreed-on designs or patterns, after we have begun production of your order, or where material specifications are changed after we have ordered materials specifically for your order.

6.5. Time is not of the Essence

By placing an order for a customized product or service with us, you understand and agree that time is not of the essence for your customized order. We strive to provide accurate estimates of lead times, however many factors can cause unforeseen delays, such as issues with material availability, quality, lead times, shipping and customs delays, manufacturing delays, and other events beyond our control. Any lead times are good faith estimates based on the best information available to us at the time, and are not binding upon us.

6.6. Material Variation

We make our products out of natural latex sheeting, which is a natural product produced in small batches. You understand that the product you receive may exhibit minor variations in color and thickness as a result of these natural variations. We cannot guarantee our ability to match colors with other items or products, or between batches of material.

7. Fitness for Particular Purpose

Unless we have discussed and agreed with you at the time of accepting the order, products are not warranted to be fit for any particular purpose.

8. Return Policy

Due to the nature of our products, ALL SALES ARE FINAL, NON-CANCELLABLE, AND NON-RETURNABLE unless one of the following exceptions applies:

1. We have made a mistake during the production or fulfillment of your order, or there are faults with the product as delivered. This exception does not apply to customized products.
   
   

2. Where we provide a warranty for a product, and you have a valid warranty claim. In this situation, the product’s warranty will govern the remedies available to you.

To initiate a return, please email us at info@alteredforms.studio. You will be responsible for return shipping costs, and returning the product to us in its original condition. Refunds may be reduced if the product requires cleaning or has incurred damage necessitating repairs that were not present at the time the product was shipped to you. We may deny refunds if a returned product is received in a non-saleable condition, for example, the returned product has been wilfully damaged beyond repair. Refunds will be processed within 3 business days of receiving the returned product(s).

Any claim of defect, fault, or poor workmanship must be supplied to us in writing within 5 days of receipt of the products.

9. Warranties

Altered Forms Studio LLC warrants that products will be free of substantive defects in material and workmanship for a period of 5 days from the date you receive the products. This warranty is non-transferrable and extends only to the original buyer.

Within the period of this warranty, Altered Forms Studio LLC, will, at its sole discretion, issue a refund for the defective product, or repair or replace, free of charge, any product proving defective in material or workmanship. All warranty repairs and service must be performed by Altered Forms Studio LLC. If we are unable to repair or replace the product within a reasonable time, you will be entitled to a full refund upon the prompt return of the product to us. We will pay for the shipment of repaired or replaced products to you. You will be responsible for the return shipment of the product to us.

Warranties shall not apply in any of the following circumstances:

1. Any items which have been stored in unsuitable conditions for an extended period of time.

2. Any item which has been modified or altered, unless such modification or alteration was performed by Altered Forms Studio LLC.

3. Any items subject to misuse, willful damage, negligence, or accident, or any defect arising from fair wear and tear. This includes chlorinating any latex item, as this changes its mechanical properties and impairs our ability to make repairs to it.

4. Any claim arising from the unfitness of the products for any particular purpose that was not mutually agreed upon, in writing, prior to our acceptance of the order.

5. Any claims arising out of discoloration that can occur when latex is exposed to copper, brass, or bronze.

10. Care, Handling, and Storage Guidelines

Items made from natural latex can degrade or become damaged as a result of improper handling or storage. You should:

1. Avoid contact with copper, brass, or bronze. Trace amounts of these metals can be transferred to latex and cause it to permanently stain brown, such as after handling copper coins.

2. Avoid flame or fire, as latex burns readily.

3. Avoid prolonged exposure to light, especially direct sunlight or artificial light sources with a high UV content. This can accelerate degradation of the material.

4. Wash items by hand: Do not dry clean or launder in a washing machine, and never use heat to dry items. Use specialty latex cleaners or a gentle, unscented dishwashing soap without additives. Prior to washing inflatable products, deflate them, and ensure all valves are securely closed to avoid introducing water to the inside of the product.

5. Keep it dry: Avoid damp and/or humid storage conditions. After exposing the product to water or hand washing it, dry it with a clean soft towel, hang it up, or lay flat on a drying rack to dry. Avoid introducing water to the inside of inflatable items.

6. Temperature: Store items between 60-77 degrees Fahrenheit / 15-25 degrees Celsius. 

7. For long-term storage: Dust the items with talcum powder or polish them with a silicone oil-based latex shiner. Hang the item inside a garment bag, or loosely folded on itself. Do not store in an airtight container. Avoid placing weight onto items as this may cause marks or creases to form on the material.

11. Privacy Policy

Our Privacy Policy includes important information on what information we collect from you, what we use that information for, and how we protect it. The current version of our privacy policy can be found at https://alteredforms.studio/privacy

12. Entire Agreement

These Terms contain the entire agreement between the parties relating to sales of products and services offered by Altered Forms Studio LLC, and there are no other promises or conditions in any other agreement whether oral or written, unless such promises or conditions are noted by Altered Forms Studio LLC in an invoice or receipt. These Terms supersede any prior written or oral agreements between the parties.

13. No Waiver

The failure of either party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of these Terms.

14. Severability

If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms are invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

15. Governing Law

These Terms shall be governed by the laws of the State of Oregon without reference to its conflicts of law principles. Any litigation directly or indirectly relating to these Terms must be brought before and determined by a court of competent jurisdiction within Washington County, Oregon, and all parties agree to waive any rights to object to, and hereby agree to submit to, the jurisdiction of such courts.