Last updated September, 2019
IMPORTANT: ALL USERS MUST READ THESE TERMS
Use and Restrictions. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 13 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that ELONS CUSTOM FURNITURE, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site.
Products Descriptions. In describing and portraying our products on the Site, ELONS CUSTOM FURNITURE attempts to be as accurate as possible. However, ELONS CUSTOM FURNITURE does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. ELONS CUSTOM FURNITURE reserves the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. In addition, you acknowledge that each product sold on the Site is handmade and unique, and that there may be variations in color and/or size, either now or over time, due to the difference in what you see on a computer screen versus in real life, the handmade nature of these products, and the materials used in the creation of these products. Also, you acknowledge that multiple orders of the same product may not be identical due to the handmade nature of these products.
All Orders Are Final. ELONS CUSTOM FURNITURE tries to process orders within 3 business days of receiving the information and will give you an estimated ship date. All orders are final except for delays caused by ELONS CUSTOM FURNITURE. If the delay is caused by ELONS CUSTOM FURNITURE, you will be given the option to cancel your order before production begins. If the delay is caused due to missing information from you, ELONS CUSTOM FURNITURE will process your order as soon as your information is received. All orders are final even if they are delayed once production begins on the product you ordered. We do not issue refunds for delays caused with shipping. Once the item has been built we can no longer offer refunds unless the item is lost in shipping or totaled in shipping and you choose a refund over a new unit.
Defective/Damaged Items. If you believe you have received a defective/damaged item or incorrect order, you must contact ELONS CUSTOM FURNITURE within 24 hours of receipt along with a photo of the defect or damages. ELONS CUSTOM FURNITURE will contact you within three business days to discuss the defect or damages and the best course of action to correct it. If the item was damaged during shipping ELONS CUSTOM FURNITURE reserves the right to first replace or restore the piece of furniture before a refund or a new kennel can be made.
Shipping. When you place an order on ELONS CUSTOM FURNITURE, your order will be shipped to the address designated by you as long as that shipping address can accept packages. ELONS CUSTOM FURNITURE may require verification of information prior to the acceptance and/or shipment of any order. ELONS CUSTOM FURNITURE reserves the right, without prior notice, to limit the order quantity on any product or service, and/or to refuse service to any customer. Shipping costs are calculated based on your address unless a flat fee is available. If additional shipping is required we will update the customer before the item ships. All kennels are fully insured by our shipping company.
Delivery Date. You will be contacted approximately two days prior to delivery to confirm that date and time of your delivery. for the shipment.
Non-Continental US/International Shipping. At this time ELONS CUSTOM FURNITURE only ships to locations United States through our Site. If you are outside of this area, please contact ELONS CUSTOM FURNITURE for shipping availability.
Taxes. At this time, ELONS CUSTOM FURNITURE only collects taxes from buyers with shipping and/or payment addresses in Colorado. If you are outside Colorado, you will be responsible for all taxes.
Heavy Articles. Most of the items purchased through the Site are extremely heavy. Please have at least two individuals available on the day of delivery to move your items as most freight companies will only delivery the items to your door. Most of our products are shipped fully assembled. Please do not drag your Kustom Kennel as this can cause damage to the legs of the Kustom Kennel.
Use of Products. All products are made with non-toxic materials. However, you should limit any chewing, licking, or other uses of our products by your animals. ELONS CUSTOM FURNITURE is not responsible for any injury to your animal due to the misuse of the Custom Kennel or other animal furniture product such as damage to the structure of the product, damage to the area where your animal furniture product is stored and/or injury to your animal such as splinters, scratches, and/or other injuries. Further, our products should be used with plastic trays so that should your animal have an accident, the furniture does not get soiled.
Change in the Site, its Contents, and its Features. ELONS CUSTOM FURNITURE reserves the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or items offered through the Site, with or without notice; change the equipment and/or programs necessary to access the Site, charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. ELONS CUSTOM FURNITURE may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You agree that ELONS CUSTOM FURNITURE shall not be liable to you or to any third party should any of the foregoing occur with respect to the Site. Further, ELONS CUSTOM FURNITURE may request additional information at any time by you to update or enhance benefits and/or use of the Site.
Your Responsibility. If you post information on the Site, you are solely responsible for each User Communication that you post on the Site and agree that you will not hold ELONS CUSTOM FURNITURE responsible or liable for any User Communication from another user that you access on the Site. Moreover, ELONS CUSTOM FURNITURE reserves the right to delete any User Communication from our Site, including, but not limited to, negative feedback if ELONS CUSTOM FURNITURE finds that such feedback is untrue or abusive. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that ELONS CUSTOM FURNITURE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications.
Copyright and Trademarks. The Site is owned and controlled by ELONS CUSTOM FURNITURE and unless otherwise agreed in writing, all materials on our Site, including text, menus, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by ELONS CUSTOM FURNITURE. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE PAGES IN THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF ELONS CUSTOM FURNITURE IS STRICTLY PROHIBITED. The Site and Content are intended solely for your personal, non-commercial use. You may not download or copy any of the Content without permission from ELONS CUSTOM FURNITURE unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, or otherwise use any of the Content or the Site for any public or commercial purpose. ELONS CUSTOM FURNITURE also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet Site or incorporate the information in any other database or compilation. ELONS CUSTOM FURNITURE does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of ELONS CUSTOM FURNITURE and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site. Trademarks that are located within or on the Site shall not be deemed to be in the public domain but rather the exclusive property of ELONS CUSTOM FURNITURE, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of ELONS CUSTOM FURNITURE, unless otherwise stated.
Copyright and Trademark Complaints. ELONS CUSTOM FURNITURE respects the intellectual property rights of others. ELONS CUSTOM FURNITURE is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and ELONS CUSTOM FURNITURE requires all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When ELONS CUSTOM FURNITURE receives proper Notification of Alleged Copyright Infringement, ELONS CUSTOM FURNITURE promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please contact firstname.lastname@example.org to report infringement of your copyright. ELONS CUSTOM FURNITURE may, at its sole discretion, terminate users who are deemed by ELONS CUSTOM FURNITURE to be have committed copyright infringement, whether or not there is any repeat infringement.
Links to the Site; Third Party Links on the Site; Third Party Content on the Site. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable federal and state laws, statutes, rules, and regulations. The Site may contain links to other websites that are not owned, operated, or controlled by ELONS CUSTOM FURNITURE (“Third Party Sites”) as well as articles, menus, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the “Third Party Content”). All such links are provided solely as a convenience to you. If you use these links, you will leave the Site and ELONS CUSTOM FURNITURE cannot be responsible for any content, materials, information, or events that are present on or that occur on websites that are not owned, operated, or controlled by ELONS CUSTOM FURNITURE. Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by ELONS CUSTOM FURNITURE. ELONS CUSTOM FURNITURE is not responsible for any Third Party Sites accessed through the Site or any content posted by any users on this Site or any Third Party Sites regarding ELONS CUSTOM FURNITURE. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that ELONS CUSTOM FURNITURE’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Site to which you navigate from this Site.
Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER ELONS CUSTOM FURNITURE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE PRODUCTS PURCHASED THROUGH THIS SITE. THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ELONS CUSTOM FURNITURE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL ELONS CUSTOM FURNITURE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ELONS CUSTOM FURNITURE, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. ELONS CUSTOM FURNITURE IS NOT RESPONSIBLE FOR ANY CONTENT THAT AN ENDUSER OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY ELONS CUSTOM FURNITURE. MOREOVER, ELONS CUSTOM FURNITURE RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT IT, ELONS CUSTOM FURNITURE, DEEMS UNSUITABLE.
Use of Items. YOUR USE OF ANY ITEMS PURCHASED FROM THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL ELONS CUSTOM FURNITURE BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF ITEMS. YOU TAKE FULL RESPONSIBILITY FOR THE USE OF ANY ITEM YOU BUY AND AGREE TO INDEMNIFY AND HOLD HARMLESS ELONS CUSTOM FURNITURE FOR ANY INJURIES CAUSED BY THE USE OF SUCH ITEMS.
Electronic Communications. You consent to receive electronic communications from ELONS CUSTOM FURNITURE either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.