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TERMS AND CONDITIONS OF SALE OF GOODS

These terms and conditions of sale of goods (“Terms of Sale”) are provided by 3dUrbanhome LLC, d/b/a Materi Concepts, and were last updated on July 1, 2022. They apply to your use of www.matericoncepts.com and its subdomains (the “Site”), and specifically to any purchases made on this Site, excluding purchases of 3D printing services and furniture resale, to which separate terms and conditions apply. Please see the links below for supplemental terms and conditions of sale for each:

  1. Authority to Purchase Goods. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

You may not order or obtain products from the Site if you (a) do not agree to these Terms of Sale, (b) are at least 18 years of age, or of legal age to form a binding contract with 3dUrbanhome LLC d/b/a Materi Concepts (“Materi”) in your jurisdiction, or (c) are prohibited by applicable law from accessing or using this Site or any of its services or contents. Your continued use of this Site constitutes your agreement that you are in compliance with this paragraph.

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email (“Confirmation”) with your order number and details of the items you have ordered. Only products listed in the Confirmation are included in the
  2. Prices and Payment Terms.
  3. We reserve the right to post prices on this Site that may be different than prices we offer at other locations. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price changes will only apply to orders placed after such changes; changes will not affect any order that we have confirmed via a Confirmation. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
  4. Despite our efforts to provide accurate pricing at all times, some of the products on our Site may be incorrectly priced due to system or human error. If we discover an error in the price of the products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the products at the correct price or cancelling your order. We do not have to provide the products to you at a lower price where we have made a pricing error. We will not process your order until we have received your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled.
  5. We may offer from time to time promotions on the Site that may affect pricing, which may be governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
  6. Payment terms are within our sole discretion. We must receive payment before our acceptance of an order. By ordering products from us through our Site, you authorize us to perform credit and anti-fraud checks on you and the payment method that you have provided. These checks may be required, amongst other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and/or to authorize individual purchases. You authorize us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and accept that such parties may keep a record of that information. You also agree that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.
  7. If the amount due from you for your order cannot be debited or charged, for any reason, we will cancel your order and provide notice to you via the contact information you provide during the order process.
  8. You hereby represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or other payment processor, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
  9. Shipments; Delivery; Title and Risk of Loss.
    1. We will arrange for shipment of the products that you purchase to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. We may, in our sole discretion and without liability or penalty, make partial shipments of products you purchased to you. We make no promises or representations to make all deliveries in a single shipment at any time.
    2. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable or responsible for any delays in shipments.
    3. Delivery will be deemed completed when we deliver your products to the shipping address you provide during the order process. Please ensure that your shipping address is accurate. Contact us at sales@matericoncepts.com immediately if you discover an error in the shipping address. We are not liable or responsible for any delays or losses caused by inaccurate shipping information, nor are we required to redeliver products to a new address. In the event that we must make a delivery to a new address on account of your provision of incorrect shipping information, we reserve the right to charge new shipping and handling fees to compensate us for any additional time, labor, and expenses.
  10. Returns, Exchanges and Refunds. Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within fourteen (14) days of delivery, with valid proof of purchase, and provided such products are returned in their original, unworn condition with undamaged and unmodified tags. To return or exchange products, you must email us at sales@matericoncepts.com. We will provide you with the return/exchange procedures for your products at that time.

We reserve the right to charge for the packing and shipping costs associated with returns and exchanges at any time, in our sole discretion; however, our current company policy is to cover such costs unless an exceptional circumstance (in our sole discretion) applies. Return requests made after 14 days post-delivery will be entitled only to store credit and not to refund of the purchase price. You bear the risk of loss during shipment, upon our provision of the products you purchased to the shipping company designated to transport your products to you.

Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

  1. No Warranty; Disclaimers. ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

  1. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall apply to the extent permitted by law.

  1. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the U.S. We do not track whether products are transported to any destination beyond the U.S. mailing address you provide to us during the purchasing process, and we are not responsible for any purchases that may be forwarded or re-sent to any other location, whether inside or outside the U.S.
  2. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
  3. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic or epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  4. Governing Law and Jurisdiction. This Site is operated from the United States. All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of
  5. Dispute Resolution and Arbitration. All matters relating to these Terms of Sale, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Sales, or purchases made via the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At our sole discretion, we may require You to submit any disputes arising from these Terms of Sale or purchases made via the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.The prevailing party shall be entitled to reasonable costs and fees, including attorneys’ fees.

OPT-OUT FROM ARBITRATION AGREEMENT. YOU CAN DECLINE THIS AGREEMENT TO ARBITRATE IN THIS SECTION 12 BY EMAILING US AT SALES@MATERICONCEPTS.COM AND PROVIDING (1) YOUR NAME, (2) THE URL OF THESE TERMS OF SALE, (3) YOUR ADDRESS, (4) YOUR PHONE NUMBER, AND (5) A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF THIS ARBITRATION PROVISION IN THESE TERMS OF SALE (AN “OPT-OUT NOTICE”). YOU MUST EMAIL US YOUR OPT-OUT NOTICE NO LATER THAN 30 DAYS AFTER YOU FIRST ACCEPT THESE TERMS OF SALE BY USING THE SITE.

Whether in litigation or arbitration, you agree that dispute resolution will be on an individual basis. In any dispute, NEITHER YOU NOR MATERI WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
  2. No Waivers. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Materi.
  3. No Third-Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
  4. Notices.
    1. To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    2. To Us. To give us notice under these Terms of Sale, you must contact us as follows: (i) by e-mail at sales@matericoncepts.com or (ii) by personal delivery, overnight courier, or registered or certified mail to 446 S La Brea, Los Angeles, CA 90036We may update the e-mail or address for notices to us by posting a notice on the Site. Notices provided by e-mail or personal delivery will be effective immediately. Notices provided by overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
  5. Severability. If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.
  6. Entire Agreement. Our order Confirmation, these Terms of Sale, our Site Terms of Use and our Privacy Policywill be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.