LAMOU

Terms & Conditions

LAMOU™ Terms & Conditions

1. Summary

Welcome to lamoudesign.com! Lamou, LLC ("LAMOU") offers a selection of tables that incorporate either graphics provided by customers ("Design Your Own Tables") or graphics from a curated collection ("Collections Tables"). Before you use lamoudesign.com (the "Site") to create a Design Your Own Table or Collections Table, you must carefully review the Terms and Conditions set out below (the "Terms"). These Terms may be changed or updated at any time, but you can always find the most recent version here. If there are any inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control over the off-line materials. You should periodically check this page to make sure you are up to date.

By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and LAMOU that you will use the Site only in a manner consistent with these Terms. If you have questions about these Terms, please contact us [hyperlink to customer service email or link]. Your use of the Site is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or make further use of the Site.

You must be 18 years old to purchase any merchandise on the Site.

2. Ownership of Intellectual Property

When you upload image files ("Personal Images") to the Site for use on Design Your Own Tables, you retain all rights that you have in those Personal Images, but grant us a non-exclusive license to:

  • Store the Personal Images as necessary to facilitate your purchase and the production of the Design Your Own Table;
  • Display the Personal Images on the Site for your review prior to purchase;
  • Print products bearing your Personal Images; and
  • Re-post any social media postings including the Personal Images to our Site.

We will seek your explicit permission before making any other use of your Personal Images.

By uploading Personal Images to the Site, you represent and warrant to LAMOU that you have the right to copy the Personal Images yourself. Unless you created a Personal Image entirely yourself, you cannot copy the Personal Image unless you meet the requirements of an exception to general copyright law, such as the fair use doctrine, or have the explicit permission of the owner of the copyright in the Personal Image, as well as any images incorporated into the Personal Image. Copyright law is nuanced and complex, and LAMOU is not in a position to provide guidance to its customers on what does or does not violate the copyright protections of third parties. If you upload a Personal Image that you did not create entirely yourself, you are solely responsible for determining whether you meet the requirements of an exception to general copyright law or have sufficient permission to copy the Personal Image.

LAMOU respects the intellectual property rights of others and takes any allegations of infringement seriously. If LAMOU receives any complaint or allegation from a third party that any Personal Image or any resulting Design Your Own Table constitutes an unauthorized use of a third party’s rights, you understand that LAMOU may terminate your right to use the Site in its sole discretion. In addition, you understand that LAMOU may release your contact information to any third party that satisfactorily alleges a violation of its rights. You can find our policy for processing intellectual property claims by third parties here [Link to Intellectual Property Claims Policy].

We represent that that we have obtained the necessary permissions and licenses to the images applied to Collections Tables (“Collections Images”) to allow us to:

  • Store the Collections Images;
  • Display the Collections Images on the Site; and
  • Print products bearing Collections Images.

We may, however, not own all rights to the Collections Images. Accordingly, by using the Site, you agree that you will not copy any Collections Image, which includes, but is not limited to:

  • Downloading a Collections Image;
  • Printing a Collections Image;
  • Photographing or filming a Collections Image; or
  • Manually copying a Collections Image

The LAMOU name and logos are trademarks and service marks of LAMOU (collectively the "LAMOU Trademarks"). Other company, product and service names and logos used and displayed on the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to LAMOU. Nothing in these Terms or the Site should be construed as granting any license or right to use any of LAMOU’s Trademarks displayed on the Site without our prior written permission in each instance. You will not be entitled to any rights in the LAMOU Trademarks based on your resale of products purchased on the Site.

In addition, LAMOU may have copyright protection in the design of Design Your Own Tables and Collections Tables, exclusive of any graphics applied to the tables (“LAMOU Original Works”). Nothing in these Terms or the Site should be construed as granting any license or right to copy any of the LAMOU Original Works without our prior written permission in each instance.

3. Link to Privacy Policy

You acknowledge and agree to the terms of our Privacy Policy, which can be found here. Please note that you are agreeing to the transfer of your personal information to the United States and other locations throughout the world.

We may preserve your Personal Images and may also disclose your Personal Images if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of LAMOU, its users or the public.

4. Returns

We maintain separate returns policies for our Collections Tables and our Design Your Own Tables.

Collections Tables Returns Policy:

  • If, after receiving a Collections Table, you are unsatisfied with the Collections Image applied to the Collections Table that you have purchased, you may return it for full refund, though you will be responsible for all shipping costs. To return a Collections Table because you are unsatisfied, you must notify us here [link to customer service page or email] within 7 days of receiving the Collections Table. We will provide you with return shipping instructions, and we must receive the returned Collections Table within 30 days of your return inquiry.
  • If a Collections Table is delivered in damaged condition, you may return it for a full refund. To return a damaged Collections Table, you must notify us here [link to customer service page or email] within 48 hours of receiving the Collections Table. We will provide you with return shipping instructions, and we must receive the returned Collections Table within 30 days of your return inquiry.
  • If a Collections Table fails to satisfy the limited one-year structural warranty described below, we will, at our sole discretion, refund the purchase price, repair or replace the Collections table, or provide a substitute for any piece or part found to be defective in material or workmanship. You must notify us of a defect here [link to customer service page or email] within one year after purchase. We will provide you with return shipping instructions, and we must receive the returned Collections Table within 30 days of your return inquiry.
  • If a Collections Table fails to satisfy the limited printing warranty described below, you may also return it for a full refund by notifying us here [link to customer service page or email] within 48 hours of receiving the Collections Table. We will provide you with return shipping instructions, and we must receive the returned Collections Table within 30 days of your return inquiry.

Design Your Own Tables Returns Policy:

  • Because of the unique nature of Design Your Own Tables, we cannot accept returns of Design Your Own Tables unless your Design Your Own Table is received in damaged condition or we have breached one of the warranties specified below.
  • If a Design Your Own Table is delivered in damaged condition, you may return it for a full refund. To return a damaged Collections Table, you must notify us here [link to customer service page or email] within 48 hours of receiving the Design Your Own Table. We will provide you with return shipping instructions, and we must receive the returned Design Your Own Table within 30 days of your return inquiry.
  • If a Design Your Own Table fails to satisfy the limited one-year structural warranty described below, we will, at our sole discretion, refund the purchase price, repair or replace the Design Your Own Table, or provide a substitute for any piece or part found to be defective in material or workmanship. You must notify us of a defect here [link to customer service page or email] within one year after purchase. We will provide you with return shipping instructions, and we must receive the returned Design Your Own Table within 30 days of your return inquiry.
  • If a Design Your Own Table fails to satisfy the limited printing warranty described below, you may also return it for a full refund by notifying us here [link to customer service page or email] within 48 hours of receiving the Design Your Own Table. We will provide you with return shipping instructions, and we must receive the returned Design Your Own Table within 30 days of your return inquiry.

For purposes of these policies, “damaged condition” means that a table surface or leg is significantly damaged, scratched, scuffed, cracked or otherwise malformed.

If you would be entitled to a full refund under this policy, we can instead exchange a returned Collections Table or Design Your Own Table for a Collections Table or Design Your Own Table of equal value.

5. Cancellations

You may change or cancel your order within twenty-four (24) hours of submitting your order.

We reserve the right to cancel any LAMOU Table order for any reason.

6. Lamou’s Limited Warranty

LAMOU provides a limited one-year structural warranty to the original purchaser of any Collections Table or Design Your Own Table. This warranty applies under conditions of normal household use and excludes normal wear and tear. It does not include damage that results from negligence, soiling, improper or abnormal use, accident, commercial use, or fading from repeated exposure to direct sunlight.

In addition, LAMOU provides a limited printing warranty to the original purchaser of Collections Tables and Design Your Own Tables that the Collections Image or Personal Image selected by the original purchaser will be applied to each Collections Table or Design Your Own Table without any significant deviation from the image filed displayed on the Site and approved by the original purchaser prior to purchase. LAMOU is not responsible for the quality of any Personal Image uploaded to the Site or for printed images that may differ in color from what appears on the screen of the customer. It is your responsibility to follow the instructions provided regarding image resolution and quality when ordering a Design Your Own Table.

The two limited warranties specified above are the exclusive warranties offered for Collections Tables and Design Your Own Tables. LAMOU expressly disclaims all other warranties for Collections Tables and Design Your Own Tables, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

7. Limitation of Liability

LAMOU’s liability to any customer will be limited to repair, replacement or refund of the cost of defective merchandise. To the fullest extent permitted by law, LAMOU’s liability to any customer will not exceed the sum paid to LAMOU by that customer, and LAMOU will have no obligation or liability to any customer for any incidental, indirect, special, consequential, or punitive damages.

Please read our Graphics Acceptance Policy, which can be found here. We are not responsible for material uploaded for printing that is not within the stated requirements of our Graphics Acceptance Policy.

LAMOU assumes no liability to you arising out of claims by third parties that our printing of any Personal Image upload by you to the Site violates that third party’s copyright, trademark, personality, or other intellectual property rights.

8. Indemnification

You agree to defend, indemnify and hold LAMOU harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to:

  • The copyright or trademark rights in any Personal Image that you submit to us;
  • Your re-sale of a Collections Table or Design Your Own Table to any third party; or
  • Any use of a Collections Table or Design Your Own Table not covered by the limited warranties specified above.

9. Governing Law

These Terms will be governed by the laws of the State of Rhode Island and, where applicable, United States federal law.

10. Modification of Terms

LAMOU may amend these Terms at any time, for any reason, and without notice. Any amendments or modifications made by LAMOU will be prospective only.