Terms of service

Thank you for visiting Sienna Maison!

These Terms of Service (“Terms”) govern your relationship with Sienna Maison (hereinafter, “Sienna Maison,” “Company,” “we,” “us,” and/or “our”) and your use of our website siennamaison.com (the “Site”), as well as all other related products, information, pages, features, tools, applications, platforms, and/or services (collectively, the “Service” or “Services”), as well as our interactions with you on third party platforms.

These Terms constitute a legally binding agreement made between you, the user (whether personally or on behalf of an entity), (“you” and/or “your”) and Sienna Maison, concerning your access to and use of the Services.  These Terms apply to all users, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Sienna Maison offers this Site and Services to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices herein stated, referenced, and/or available by hyperlink.  Please read these carefully before accessing or using our Site.  By accessing or using any part of the Site and/or Services, or purchasing something from us, you agree to follow and be bound by all of our Terms and policies.  If you do not agree with any part of our Terms, then you may not access the Site or use any Services. 

SECTION 1 - ONLINE STORE TERMS

You may use our Site and Services only if you can legally form a binding contract with Sienna Maison, and only in compliance with these Terms and all applicable laws.  When you create your Sienna Maison account, you must provide us with accurate and complete information. 

You represent that you are at least the age of majority in your state or province of residence, or that you have permission and supervision of your parent or guardian to use the Services.  If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Services.

You may not use our products or Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws or regulations in your jurisdiction (including, but not limited to, copyright laws).  The information provided while using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws and regulations, if and to the extent they are applicable.

You must not transmit any worms or viruses or any code of a destructive nature.

Using the Services may include downloading software to your computer, phone, tablet, or other device.  You agree that we may automatically update that software and these Terms will apply to any updates.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Services to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Credit card information is always encrypted during transfer over networks.

This website is expressly owned and operated by Sienna Maison.  All content on the Sienna Maison website, including but not limited to text, photographs, images, audio, video, designs, graphics, logos, trademarks, and the like, are the property of Sienna Maison or its licensors and are protected by laws, regulations, and treaties in the United States and around the world, including intellectual property laws (collectively, “Content and Marks”).  All rights, titles, and interests are reserved.  

The contents of our Site and the website as a whole are provided in or through the Services ‘as is’ and intended solely for your personal, non-commercial use.  Any use of our Site and its content for purposes other than personal and non-commercial is prohibited without the prior written permission of Sienna Maison.  

You may not reproduce, publish, display, modify, sell, distribute, or exploit any part of the Services (including but not limited to Content and Marks) from Sienna Maison without prior written consent from Sienna Maison.  Do not use, copy, reproduce, aggregate, publish, upload, display, encode, transmit, distribute, sell, license, or otherwise exploit any part of the Services for any commercial purpose whatsoever without our express prior written permission.

Our store is hosted on Shopify Inc.  They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND MODIFICATIONS OF INFORMATION

We endeavor to present the most recent and accurate information.  However, there may be occasions when some of the information featured on the Site or Services may unintentionally contain incomplete data, typographical errors, omissions, or inaccuracies.  We are not responsible if information made available on this Site is not accurate, complete, or current.  The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on this Site is at your own risk.  Please be aware that we present our content ‘as is’ and make no claims to its accuracy, either expressed or implied.

We reserve the right to modify the contents of this Site, to correct any inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including, but not limited to, after you have submitted your order).  You agree that it is your responsibility to monitor changes to our Site.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law.  No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or any related website has been modified or updated.  

In the event a Sienna Maison product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Sienna Maison shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.  Sienna Maison shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, Sienna Maison shall issue a credit to your credit card account in the amount of the incorrect price.

SECTION 4 - MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our products are subject to change without notice.

We reserve the right, at our sole discretion, to modify or discontinue the Service (or any part or content thereof) for any reason without notice at any time.  However, we have no obligation to update any content or information on our Services. 

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services.

SECTION 5 - PRODUCTS & SERVICES

Certain products or Services may be available exclusively online through the website.  These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors, features, details, specifications, and images of our products available on the Services.  However, we do not guarantee that the colors, features, specifications, details, and images 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 or details of the products. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or Services that we offer.  All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion.  We reserve the right to discontinue any product or Services at any time for any reason.  Prices for all products are subject to change.  Any offer for any product or Service made on this Site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING & ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services.  You agree to promptly update your account, payment, and other information, including but not limited to email address, payment method, and payment method expiration dates, so that we can complete your transactions and contact you as needed. 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees and sales tax, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.  Sales tax will be added to the price of purchases as deemed required by us.  We may change prices at any time.  All payments shall be in U.S. dollars.  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 you place with us.  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 customer account, the same payment method, and/or orders that use the same billing and/or shipping address.  In the event that we change or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made, but are under no obligation to do so.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, and/or distributors.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.  You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations, or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of third-party tools.

Any use by you of the tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources).  Such new features and/or Services shall also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain (or you may be sent via the Site) materials from other parties, including links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). 

Such Third-Party Websites and Third-Party Content are not affiliated with us.  We are not responsible for monitoring, examining, or evaluating the content, appropriateness, or accuracy thereof, and we are not responsible for any Third-Party Websites accessed through, or any Third-Party Content available through, the Services.  Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Content does not imply approval or endorsement thereof by us.  We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK, & OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (e.g., contest entries), or without a request from us, you send ideas, reviews, questions, feedback, suggestions, proposals, plans, photographs, or other materials or information, whether online, by email, by postal mail, by social media, or otherwise (hereinafter collectively “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and/or otherwise use in any medium any comments that you send or forward to us.  We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments or correspondence.    

Please note that all comments and other submissions that are disclosed or submitted to us (including but not limited to tagging on social media) shall become and remain the property of Sienna Maison.  Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission.  You agree that we shall be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, false, fraudulent, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.  You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.  You are solely responsible for any comments you make and their accuracy.  We take no responsibility and assume no liability for any comments posted by you or any third-party.

You are solely responsible for your comments and for what you post or upload.  You expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may provide you areas on the Services to leave reviews or ratings.  When submitting any content to our Site or Services, such as reviews, comments, or suggestions, you must comply with the following criteria: (1) you should have firsthand experience with the product/item/person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, disability, or any other basis; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign or otherwise encourage others to post reviews.

We may accept, reject, or remove reviews and comments in our sole discretion.  We have no obligation to screen or delete reviews/ratings and we do not assume liability for any claims, liabilities, or losses resulting therefrom.  Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.  By submitting a review, rating, comment, suggestions or other content, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, perpetual, transferrable, assignable, and sublicensable right and license to use, reproduce, publish, modify, translate, transmit by any means, display, perform, and/or distribute all content relating thereto in any media.

SECTION 10 - PERSONAL INFORMATION

Our Privacy Policy governs the collection, use, and disclosure of personal data we receive from users of our Site.  By using the Services, you agree to the terms of and to be bound by our Privacy Policy, which is incorporated into these Terms by this reference and can be viewed here: https://siennamaison.com/policies/privacy-policy.

You may be required to register to use to Services.  You are responsible for maintaining your account and password.  You represent and warrant that all registration information you submit will be true, accurate, current, and complete.  You further warrant that you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise, or use the Services for any illegal or unauthorized purpose.  We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that it is in any way objectionable or otherwise warranted.  If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

SECTION 11 - PROHIBITED USES

You may not access or use the Services for any purpose other than that for which we make the Services available.  The Services may not be used in connection with any commercial endeavors except those that we specifically endorse and approve of in writing.  You agree to use our Site in compliance with applicable laws and these Terms.

In addition to other prohibitions as set forth in our Terms, you agree that you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the rights of others, including, but not limited to, our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, identification, religion, ethnicity, race, age, national origin, and/or disability; (f) to submit false or misleading information or engage in any form of fraudulent or deceptive behavior; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of us or others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) trick, defraud, or mislead us and/or other users, including but not limited to any attempt to learn sensitive account information or gain unauthorized access to our Site or its servers; (l) interfere with, disrupt, or create an undue burden on the functioning of the Services, our Site, or the networks and services connected to the Services; (m) copy or adapt anything from the Services; (n) any attempt to use the Services, Content, and/or Marks for any revenue-generating endeavor or commercial enterprise without our prior express written consent; (o) promote or distribute illegal content; or (p) to circumvent, disable, or otherwise interfere with security-related features of the Service or any related website, other websites, or the Internet.  We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses at our sole discretion without notice.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful elements.  

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk.  The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.

As a visitor to and user of this Site, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our Site and Services.  As a visitor to and a user of this Site, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk.  Sienna Maison shall not be liable for damages of any kind related to your use of or inability to access this website.  Sienna Maison takes no responsibility and assumes no liability for any user content that you or any other person or third-party posts or sends using our Service.  You understand and agree that you may be exposed to user content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

In no case shall Sienna Maison, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or damages of any kind, whether direct, indirect, incidental, punitive, special, or consequential, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sienna Maison and our affiliates, parent, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (collectively the “Service Providers”) harmless from and against any and all claims, demands, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and conditions (or the policies and documents incorporated herein by reference), or any violation of any law or the rights of a third-party, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your internet account.

SECTION 14 – SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, unenforceable, or void, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – TERMINATION

These Terms shall remain in full force and effect while you use the Services.  These Terms are effective unless and until terminated by either you or us.  

Without limiting any other provision herein, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including but not limited to blocking certain IP addresses), to any person or entity for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.  We may terminate your use or participation in the Services or delete your account and any content or information that you submitted or posted at any time, without warning, in our sole discretion. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms (or our policies), we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly we may deny you access to our Services (or any part thereof).  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If we terminate or suspend your account for any reason, you are prohibited from registering and/or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.  We further reserve the right to take appropriate legal action, including without limitation civil, criminal, and/or injunctive redress. 

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW & DISPUTE RESOLUTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.  All claims arising out of these Terms or the Services will be governed by the law of the State of California, without respect to its conflict of laws principles, and will be litigated exclusively in the federal or state courts of Orange County, California, USA.  You consent to personal jurisdiction in those courts.

You agree to first contact Sienna Maison and attempt to informally resolve any dispute, controversy, issue, claim, complaint, or disagreement with us informally for at least thirty (30) days before initiating any legal proceeding.  You may commence such informal negotiations upon written notice received by us via email at hello@siennamaison.com.  If we need to contact you, we will do so at the email address and other information you provided on your Sienna Maison account.  

SECTION 18 - CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to update, change, or replace these Terms and the contents of the Site and Services at any time, but are not obligated to do so.  Supplemental or new terms, conditions, policies, documents, features, or tools may be posted on the Site and/or Services at any time and are hereby expressly incorporated herein by reference. 

You can review the most current version of the Terms at this page.  It is your responsibility to periodically check our Site and review these Terms to stay informed of updates and you waive any right to receive specific notice of each such change.  You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such Terms are posted.  Although you may ‘bookmark’ a particular portion of SiennaMaison.com and thereby bypass this agreement, your use of this Site still binds you to the Terms.  

SECTION 19 - CONTACT INFORMATION

Should you have any questions about any of our policies, please contact us at hello@siennamaison.com.