Terms of service
Welcome to madcarpentier.com (the “Website”). This Website is maintained and operated by Mad Carpentier (hereinafter referred to as “Mad Carpentier”, “we”, “our” or “us”).
YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE.
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
Authorized Use of Website
The Website is made available solely for personal, non-commercial and informational use. Any use outside these purposes requires the prior written approval of Mad Carpentier.
You agree not to allow another person or business to use information obtained from the Website for commercial purposes or for any purpose that is not personal in nature.
Unauthorized Use of Website
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website.
Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures.
You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions.
You may not frame portions of the Website within another Website.
You may not resell use of, or access to, the Website to any third party without our prior written consent.
Proprietary Rights
Mad Carpentier and its affiliates own, or are properly licensed to use, all elements of the Website. These materials include, without limitation, written content, software, graphics, layouts, designs, copyrights, trademarks, service marks, trade names, logos and other intellectual-property or proprietary rights.
Certain materials may belong to third parties who have given Mad Carpentier or its affiliates permission to display or use them.
By accessing the Website, you agree not to reproduce, distribute, alter, adapt or create derivative works from any materials unless you have first obtained written permission from the applicable rights holder.
Except where these Terms and Conditions expressly state otherwise, accessing or using the Website does not grant you any licence or ownership right. All rights not expressly granted are reserved by Mad Carpentier, its affiliates and the applicable rights holders.
Testimonials
Mad Carpentier may occasionally display testimonials, reviews or related images on the Website. These materials may be presented for illustrative purposes and may not reflect the experience of every customer.
Discount Codes
Mad Carpentier reserves the right to reject or cancel an order and issue a refund where a discount code has been used without permission, used repeatedly contrary to its conditions or otherwise applied improperly.
Flash Sales
Items included in a flash sale remain available only for the limited period displayed by the applicable countdown or promotional notice on the Website.
Comments or Materials Submitted by You
Certain sections of the Website may permit you or other users to submit comments, text, images or other materials collectively referred to as “Content.”
You may submit only Content that you created or that you are legally authorized to use.
Where Content includes or identifies another person, you must obtain that person’s consent before publishing it. If the person is a minor, consent must be obtained from their parent or legal guardian. Mad Carpentier may ask you to provide evidence that the required permission was obtained.
You may not submit Content that is unlawful, harmful or contrary to these Terms and Conditions.
By posting or otherwise providing Content through the Website, you represent and warrant that:
(a) you own the applicable rights or have permission to submit and distribute the Content; and
(b) the Content does not infringe copyright, publicity rights, privacy rights or any other rights belonging to a third party and does not violate any applicable law or regulation.
Unsolicited Ideas
Mad Carpentier does not accept unsolicited concepts, proposals or suggestions from outside the company, including ideas relating to advertising, promotions, merchandising, products, services or business operations.
We may already be developing, or may later develop, an idea similar to one that is submitted to us. This policy helps avoid misunderstandings concerning ownership or compensation.
If you submit an idea despite this policy, you acknowledge that the submission is not confidential and that Mad Carpentier has no express or implied duty to evaluate, use or compensate you for it.
To the fullest extent permitted by law, all current and future rights in the submitted idea throughout the world are assigned irrevocably to Mad Carpentier.
If an assignment is found to be legally unenforceable, you instead grant Mad Carpentier an irrevocable, perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish or otherwise exploit the idea through any existing or future medium, without compensation to you.
Materials Submitted by Others
Mad Carpentier is not responsible for Content or materials provided by third parties, including any inaccuracies, omissions, loss or damage resulting from reliance on or use of that Content.
We are not required to review user Content before it appears on the Website. However, Mad Carpentier and its representatives may, in their sole discretion and without obligation, reject, restrict, edit or remove Content.
This right includes Content that violates these Terms and Conditions or that we otherwise consider inappropriate or objectionable.
Mad Carpentier does not endorse or guarantee the truthfulness, completeness, accuracy or reliability of third-party Content, communications or opinions published through the Website.
By using the Website, you understand that you may encounter material that is inaccurate, offensive, harmful, misleading, improperly labelled or otherwise unsuitable.
Links
The Website may contain links to websites, platforms or services that are operated independently from Mad Carpentier. Other websites may also link to or reference our Website.
When visiting a third-party website, you should review its terms, privacy policy and business practices.
Mad Carpentier does not control and is not responsible for the content, security, availability, policies or practices of any third-party website or service.
Products, Specifications and Refunds
Displaying a product or service on the Website does not guarantee that it will remain available or that every product description, specification, image or listed characteristic is complete or error-free.
If a product is offered at an incorrect price because of a typographical, technical, pricing or information error, Mad Carpentier may cancel the applicable order, including after an order confirmation has been issued or payment has been authorized.
Product colours, textures and other visual details may appear differently depending on your screen, device, browser and display settings. We cannot guarantee that digital images will precisely reproduce the appearance of the physical product.
Mad Carpentier does not independently verify or endorse every statement made on the Website by customers, manufacturers, distributors, suppliers or other third parties.
Prices, availability, descriptions and other product information may be modified without prior notice.
An order confirmation acknowledges receipt of your order but does not necessarily mean that Mad Carpentier has accepted the order or agreed to complete the sale.
We may request additional verification, payment details or other information before accepting or shipping an order.
With respect to products shipped through the Website, risk of loss and title pass to you when the products are delivered to the carrier. You are responsible for submitting any claim to the carrier concerning a shipment that is lost or damaged in transit.
By placing an order, you represent that the products you purchase are lawful to own and use in the location where you intend to receive, possess and use them.
You further agree to possess and use all purchased products only for lawful purposes and in accordance with all applicable laws, rules and regulations, including copyright law.
If we reject, limit or otherwise modify an order, we will attempt to contact you using the email address supplied when the order was placed.
Where we cancel an order or a portion of an order after charging you, we will refund the amount paid for the cancelled portion.
Your use of the Website constitutes acceptance of our Refund and Return Policy.
No Warranties
WHILE MAD CARPENTIER USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE AS NECESSARY, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR WEBSITE, MAD CARPENTIER MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND MAD CARPENTIER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE.
FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MAD CARPENTIER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
MAD CARPENTIER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, MAD CARPENTIER SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL MAD CARPENTIER BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAD CARPENTIER BE LIABLE OR FOR ANY DIRECT DAMAGES ABOVE WHAT YOU PAID TO MAD CARPENTIER FOR PRODUCTS AND SERVICES, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE, EACH OF WHICH, TO THE FULLEST EXTENT PERMITTED BY LAW, IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Changes
Information made available through the Website may be updated, corrected or removed without prior notice.
Mad Carpentier may revise these Terms and Conditions by publishing a new version on the Website. You should check this page periodically to remain informed of any revisions.
Your continued use of the Website after revised Terms and Conditions are published confirms your acceptance of the updated terms.
Indemnification
You agree to indemnify, defend and hold harmless Mad Carpentier, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.
Severability
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Waiver; Remedies
The failure of Mad Carpentier to partially or fully exercise any rights or the waiver of Mad Carpentier of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Mad Carpentier or be deemed a waiver by Mad Carpentier of any subsequent breach by you of the same or any other term of these Terms and Conditions.
The rights and remedies of Mad Carpentier under these Terms and Conditions and any other applicable agreement between you and Mad Carpentier shall be cumulative, and the exercise of any such right or remedy shall not limit Mad Carpentier's right to exercise any other right or remedy.
Governing Law; Dispute Resolution; Arbitration
The laws of the State of New York shall govern these Terms and Conditions.
While we will make reasonable efforts to resolve any disagreements you may have with Mad Carpentier, if these efforts fail you agree that all claims, disputes or controversies against Mad Carpentier arising out of these Terms and Conditions, or the purchase of any products or services ("Claims") are subject to fixed and binding arbitration, except for matters that may be taken to small claims court, no matter what legal theory they are based on or what remedy, including damages or injunctive or declaratory relief, they seek.
This includes Claims based on contract, tort, including intentional tort, fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims.
The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration.
Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Mad Carpentier agree in writing.
The arbitrator shall apply New York law consistent with the Federal Arbitration Act.
You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity.
You may obtain copies of the current rules, forms and instructions for initiating an arbitration by contacting the American Arbitration Association using the contact information noted below.
American Arbitration Association
800-778-7879 (toll-free)
Website: www.adr.org
A single, neutral arbitrator will resolve Claims.
The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail.
Those procedures and rules may limit the discovery available to you or us.
The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us.
Each party to the arbitration will bear the expense of that party's attorneys, experts, witnesses and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
The arbitrator's award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award.
The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed.
Any Claim you have must be commenced within one (1) year after the date the Claim arises.
As noted above, you and Mad Carpentier hereby voluntarily and knowingly waive any right either may have to a jury trial.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.
In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.
Warranty
Mad Carpentier offers a 12-month limited warranty for defects in materials and workmanship arising during ordinary use.
To request warranty service, you must provide the original proof of purchase. The warranty applies only to products purchased from the official Mad Carpentier Website or through an authorized retailer.
This warranty does not cover damage caused by misuse, accidents, improper care, unauthorized repair work, alterations or modifications.
If an eligible product cannot be repaired and the same item is no longer available as a replacement, Mad Carpentier or the relevant authorized retailer will refund the original purchase price using the original payment method.
To request assistance, contact our customer support team and include your proof of purchase together with a description and, where possible, images of the issue.
Class Action Waiver
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MAD CARPENTIER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.