Terms & Conditions
TERMS OF SERVICE AND CONDITIONS
FABRIC DESCRIPTION:
Bastideaux's hand block printed textiles are made entirely by hand using India’s traditional hand block printing process. Due to the hand-crafted nature of the products, exact repeat or pattern alignment cannot be guaranteed and slight imperfections will exist. Smudges and spots are often present, and because natural dyes are used, slight bleeding of color may occur as well as fading. Dye lots can have major variations and will not match from order to order; therefore, customers must order initially a sufficient quantity of fabric to complete a job. We do not guarantee against wear, stretching or fading.
FABRIC CARE:
Wash with a minimal amount of natural soap or mild detergent. Machine or hand wash separately with cold water; use gentle cycle; air dry; steam iron. Do not use a detergent that contains enzymes, bleach, fabric softeners, or that is formulated for wool. Do not dry clean, soak, or bleach. We do not accept returns of fabric improperly maintained.
CFA's
Because dye lots vary we do not guarantee that colors will match fabric swatches. We suggest ordering cutting for approval swatches with your order to avoid any confusion.
DELIVERY TIME:
Stock orders are shipped immediately upon receipt of payment. Special and custom orders can only be produced during favorable Indian weather conditions, so delivery dates cannot be guaranteed. We will do our best to provide estimates of production and shipment time.
CUSTOM ORDERS: For custom orders. Contact us at inquiries@bastideaux.com
ORDER CHANGES:
Stock orders will be processed and shipped immediately and cannot be changed once released for shipment. Custom orders, once confirmed, are sent for production and may not be changed.
PIECE SIZES:
Fabric is sold by the yard through our to-the-trade program. There is a 10-yard minimum on custom orders. Due to the hand block printing process, the maximum length that can be printed is 10 yards. We generally print in 5 yard pieces. For orders of over 5 yards, the customer will specify preferred lengths of individual pieces. Absent length specifications, we will decide the lengths to optimize production.
RETURNS:
Please note, however, all fabric and custom pillow orders are non-refundable. The customer is responsible for checking all items for color, yardage, and defects before cutting or processing. Responsibility for this inspection will not be waived, even when the merchandise is shipped to a third party/workroom. All returns must be requested in writing and be authorized by Bastideaux. Customers sending unauthorized returns will receive no refund. The customer is responsible for return shipping to our facility. All claims must be reported to Bastideaux within two weeks of order arrival. Claims due to conditions described in “Product Description” or not following “Fabric Care” instructions above will not be approved.
SHIPPING - Orders will be shipped FOB Costa Mesa CA USA.
COPYRIGHT
Products and content displayed on this website, in our showrooms, and in our packaging are the property of BASTIDEAUX. Nothing in these terms and conditions shall be construed as granting any license or right to use any trademark, logo, product, content or service without the express permission of BASTIDEAUX. Our website, showroom, packaging and all our content- including but not limited to text, design, graphics, photography, illustration, and code - are protected under the copyright laws of the United States and other countries.
TERMS OF USE - WEBSITE
The following Terms of Service (“TOS”) constitutes an agreement between Bastideaux and you, the visitor, governing your access and use of any content and functionalities available at the Bastideaux website (the “Site”). Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this TOS. By visiting the Site, you agree to this Terms of Service. If you do not agree with everything in this document, please do not use the Site. Bastideaux reserves the right, at its sole discretion, to change any portions of these Terms of Use at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Site will mean that you accept and agree to the changes. As long as you comply with these, Bastideaux grants you a non-exclusive, non-transferable, limited privilege to enter and use the Site.
USE OF THE SITE
You may not attempt to gain unauthorized access to any portion or feature of the Site. You cannot supply false information about your identity and you may not act as a representative of another person or entity. Use of the Site in any manner that may be construed as unlawful or prohibited by these Terms of Use is strictly prohibited. Indemnification: You agree to defend, indemnify and hold Bastideaux harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Site.
SECURITY AND PRIVACY POLICY
Bastideaux’s Privacy Policy applies to use of the Site. We consider your privacy of great importance. Bastideaux uses commercially accepted security measures to help protect your information. With this stated, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
ACCOUNTS AND PASSWORDS
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Bastideaux immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Bastideaux or any other user of or visitor to the Site due to someone else using your Bastideaux ID, password or account. You may not use anyone else’s Bastideaux ID, password or account at any time without the express permission and consent of the holder of that Bastideaux ID, password or account. Bastideaux cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
LINKS
We may direct you to other sites to serve your needs on particular items, we are not responsible for the content of these Sites, nor do we control, sponsor, endorse or approve them. Your use of those links is at your own risk.
SITE CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Bastideaux, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web Site or other medium for publication or distribution or for any commercial enterprise, without Bastideaux’s express prior written consent. Information and data made purposely available by Bastideaux such as specification sheets and product information may be downloaded from the Site provided that you follow these five rules: Information will be used for the sole purpose of the individual’s decision on whether to purchase a particular item. Proprietary language must remain on downloaded item. Make no modifications to any such information. Use such information only for your personal requirements only. Do not make any additional representations or warranties relating to such documents.
PURCHASES; OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site. All such terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Bastideaux’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Bastideaux may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Bastideaux makes no commitment to update the materials on the Site with respect to such products and services.
ERRORS AND INACCURACIES
Bastideaux reserves the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice. This includes incorrect pricing and typographical errors in product descriptions and availability. Bastideaux maintains the right to correct such errors whenever found, including after an order has been submitted. Please see our return policy in the event that you are not satisfied with your purchase.
COMMENTS AND SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to bastideaux.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Bastideaux property. Such disclosure, submission or offer of any Comments shall constitute an assignment to bastideaux.com of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Bastideaux will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Bastideaux is and shall be under no obligation to maintain any Comments in confidence; to pay to user any compensation for any Comments, or to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, photographs, marketing concepts, or merchandising suggestions.
PRODUCT REPRESENTATIONS
Bastideaux has done our best to portray our products in the most accurate way, but we cannot and will not be responsible for the way in which the photographs and product representations appear on your computer screen. There are too many variables such as color; brightness and tinting that can change how the images appear on your computer or printer.
DISCLAIMERS
Bastideaux does not promise that the Site or any Content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its Content are delivered on an as is and as available basis. All information provided on the Site is subject to change without notice. Bastideaux cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features. Bastideaux disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Bastideaux will not be liable for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Site and/or any Bastideaux services. You assume total responsibility for your use of the Site and any linked Sites. Your sole remedy against Bastideaux for dissatisfaction with the Site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between parties. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Bastideaux reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Bastideaux be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Bastideaux has been advised of the possibility of such damages.
VIOLATION OF THESE TERMS OF USE
Bastideaux may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Bastideaux’s rights or property, or the rights or property of visitors to or users of the Site, including Bastideaux's customers. Bastideaux reserves the right at all times to disclose any information that Bastideaux deems necessary to comply with any applicable law, regulation, legal process or governmental request. Bastideaux also may disclose your information when Bastideaux determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that may preserve any transmittal or communication by you with Bastideaux through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Bastideaux determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Bastideaux, its employees, users of or visitors to the Site, and the public. You agree that Bastideaux may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Bastideaux, for which monetary damages would be inadequate, and you consent to Bastideaux obtaining any injunctive or equitable relief that Bastideaux deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Bastideaux may have at law or in equity. You agree that Bastideaux may, in its sole and discretion without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If Bastideaux does take any legal action against you as a result of your violation of these Terms of Use, Bastideaux will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Bastideaux. You agree that Bastideaux will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, CA, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Bastideaux and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Bastideaux with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Bastideaux with respect to such use are hereby superseded and cancelled. Bastideaux will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Bastideaux’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Bastideaux of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Bastideaux and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
PRIVACY POLICY
BASTIDEAUX recognizes that your personal privacy is of the utmost importance to you. This policy lets you know how we collect and use your personal information, and how you can control its use. This policy describes the broadest potential use of personal information throughout the BASTIDEAUX website (the "Website") that is consistent with the terms of this policy. However, please note that we may make far less use of your personal information.
Bastideaux provides you with access to its Website subject to the following policy, which we may update from time to time with or without prior notice to you. You can review the most current version of this policy at any time at: www.bastideaux.com Terms of Sale. Please read this policy carefully. By accessing this Website, you agree that you have read and understand the policy and any posted updates and that you accept and agree to be bound by them. If you do not wish to be bound by this policy, please do not continue to use this Website.
1. Personal information that we collect. Bastideaux collects personal information when you provide it to us, such as when you:
a. Register an account on the site
b. Place an order
c. Join a mailing list
d. Contact us
Registration information. Registration helps us provide you with a quick and simple checkout experience and also makes you eligible for certain special promotions and other benefits, such as new product introductions and special events. When registering to be a member on the site, we require certain information in order to make your experience on our site the best it can be. When you create an account, the information we require is your full name and email address.
Placing an order. You need to register in order to make a purchase on our Website.
When placing an order as a registered customer we require certain information to process your order and for internal purposes, such as your full name, billing and shipping address and email address. We will also require credit card information. Note that Bastideaux uses a third party to process credit card transactions. No credit card information is stored on our Website.
Joining a mailing list. If you request to join our mailing list, we will take your name, email address and mailing address. Once we have collected this information, you will receive our email alerts, informing you of news and special offers. You can remove yourself from the email list at any point by emailing sales@bastideaux.com or clicking "unsubscribe" from the emails sent to you. You may receive occasional paper mailings such as our product catalogs. If you would no longer like to receive these, please notify us by email and we will remove you from our mailing list.
Contacting us. If you contact us with a question or comment about our products or Website, we may require certain information so that we can help you, such as your name, email address or phone number.
2. Non-personal information that we collect. In addition to the information specified above, we may collect information about your use of the Website through electronic communications protocols and cookies. As is true when you visit most websites, Bastideaux may automatically receive information from you as part of the communication connection itself, which often consists of network routing information (where you came from), equipment information (browser type) and date and time. Bastideaux may also use cookies, embedded URLs, embedded pixels and other similar technologies to capture additional information. In some cases, the information provided by these technologies may be re-associated with personal information by Bastideaux.
Cookies. Bastideaux’s server may query your browser to see if there are "cookies" previously set by the Website. A cookie is a small piece of information sent by a web server to store on a web browser so that it can later be read back from that browser. Cookies on the Website may collect a unique identifier and user preferences. Bastideaux also uses cookies to collect general usage and volume statistical information that does not include personally identifiable information. While we do not offer an opt-out for cookies, browsers provide you with information and control over cookies. You can set your browser to alert you when a cookie is being used, and accept or reject the cookie. You can also set your browser to refuse all cookies or accept only cookies returned to the originating servers. Users can generally disable the cookie feature on their browser without affecting their ability to use the Website, except in some cases where cookies are used as an essential security feature necessary for transaction completion.
Embedded pixels. Bastideaux may also use embedded pixel technologies on selected pages for the purposes of identifying unique user visits to the Website, as opposed to aggregate hits, and to identify the pages viewed.
3. How we use the information. We use the personal information we collect from you for the following purposes:
a. To process your orders or to contact you concerning the status of an order
b. To respond to questions you may have regarding your order, the products, or the Website
c. To contact you via our email alerts with news and promotions
d. To help create and personalize Website content, facilitate your use of the Website (for example, to facilitate navigation and the login process, avoid duplicate data entry, enhance security, keep track of shopping cart additions and preserve order information between sessions), improve Website quality, track marketing campaign responsiveness and evaluate page response rates.
4. Our disclosure of your information. We employ other companies to perform functions on our company's behalf. Examples of this include processing credit card payments, delivering packages, and sending emails. These outside companies only have access to personal information needed to perform their functions, but may not use it for other purposes.
We have the right to disclose your information to a third party if we believe that the law or legal process requires it, to protect the rights and property of Bastideaux, or as otherwise described in this privacy policy.
Bastideaux may share your personal information with an affiliated entity such as a licensee, and it may transfer your personal information to a successor entity as part of a restructuring, merger or sale of its business.
5. Security
The security of your personal information is very important to Bastideaux. We have in place physical, administrative and technical safeguards designed to protect your personal information from unauthorized access. In addition, Bastideaux uses standard security protocols and mechanisms for the exchange and transmission of sensitive data such as credit card details.
In the event that your personal information is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, Bastideaux will notify you of the breach by email, fax or U.S. mail. Bastideaux will give you notice promptly, consistent with the reasonable needs of law enforcement or Bastideaux to determine the scope of the breach and to investigate and restore the integrity of the data system.
6. Links
This Website may include links to websites that are operated by other parties over which we have no control. Once you leave the Bastideaux Website, our privacy policy will not apply. Please review the privacy policies of such third-party website operators to understand how they will collect, use and disclose your personal information.
7. Subscription Policy
If you would prefer to no longer receive our emails, or if you are receiving more than one copy, you can unsubscribe to the emails by clicking on the link on the email sent to you. You can also email info@bastideaux.com
Note that some non-marketing communications are not subject to general opt-out, such as communications related to your user account for this Website, transactions with Bastideaux and product and service updates.
8. Contact Us
If you have any questions, comments or concerns about our privacy policy or any other part of our Website, please email hello@bastideaux.com