Terms of Use
Welcome to Charlie’s Fixtures LLC’s (”Charlie’s Fixtures”) website. Your use of our website is subject to Terms of Use (the “Terms”), which are enumerated on this page.
This page, together with the other policies and terms referred to, provides the Terms on which you may make use of our website. Please read these Terms carefully before ordering any products from our website.
By using this website, you agree to comply and be bound by our Terms, policies, and other terms and disclaimers that appear elsewhere on this website. We reserve the right to revise the Terms as we deem necessary.
SECTION 1 – Charlie’s Fixtures Limited Liability Company
Charlie’s Fixtures Limited Liability Company is a company registered with the California Secretary of State’s office, with office address at 2251 Venice Boulevard, Los Angeles, California.
We can be reached through e-mail at support@charliesfixtures.com and our toll-free line at (833)-580-0008.
SECTION 2 – Use of the Website
2.1 Requirements for Use
In order for you to use the website, you must be a least eighteen (18) years of age and possess a valid credit or debit card issued by a bank acceptable to us. Use of this website by any user shall be deemed as a representation that the user is at least eighteen (18) years of age or older.
2.2 Permission to Use
Charlie’s Fixtures grants you permission to make personal use of this site. However, this permission is only limited to accessing, browsing, reviewing, transmitting, sharing, downloading, posting, and any other means of using the website or its posted contents.
2.3 Prohibitions on Use
You shall not in any way use the website or submit to us or the website or to any user of the website anything which in any respect:
A. is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;
B. is fraudulent, criminal or unlawful;
C. is inaccurate or out-of-date;
D. may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights, and broadcasting rights) or privacy or other rights of us or any third party;
E. may be contrary to our interests;
F. made for purposes of resale or commercial use of this website or its contents;
G. is a collection and use of any product listings, descriptions, or prices for purposes unrelated to purchasing from Charlie’s Fixtures directly; or
H. is contrary to any specific rule or requirement that we stipulate on the website in relation to a particular part of the website or the Website generally.
2.4 Entire Agreement and Severability
These Terms shall constitute the entire agreement between you and Charlie’s Fixtures concerning the use of this website, without limitation to the Privacy Policy, and other disclaimers and terms that appear elsewhere on this website. If any provision of the same is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this document, which shall remain in full force and effect.
SECTION 3 – Links to and from Other Websites
Some web pages on this website may contain links to third party sites independent from Charlie’s Fixtures (“other sites”) and to resources provided by these other sites. These sites are merely linked to provide information only and are solely for your convenience. Charlie’s Fixtures is not responsible for the content of the other sites as it has no control over the content therein. In addition, a link to another website does not imply that Charlie’s Fixtures endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Charlie’s Fixtures of that third party or any product or service provided by a third party. We likewise accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
SECTION 4 – Electronic Communications
When you use our website or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. In doing so, you consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SECTION 5 – Intellectual Property
5.1 . Registration and Protection
All content found in this site, such as the website design, text, graphics, logos, button icons, images, photographs, illustrations, video clips, digital downloads, software, writings, and other materials are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Charlie’s Fixtures or its subsidiaries and affiliates or are the property of their respective owners. They are then protected from unauthorized copying and dissemination by the relevant laws of the United States of America, the State of California, international intellectual property laws, and international conventions.
5.2 Authorized Reproduction
Individuals seeking to reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any of the website’s Contents must seek the written consent of Charlie’s Fixtures’ authorized representative.
However, printing of the Contents in hard copy for the sole purpose of placing an order through the website or showing the same as Charlie’s Fixtures’ physical stores may be done without obtaining Charlie’s Fixtures’ written consent.
5.3 Unauthorized Reproduction
Printing Contents for any other reason or transferring Contents for use on any other website, or the modification, distribution or republication of the Contents without Charlie’s Fixtures’ prior written permission is strictly prohibited. Any modification of Contents, or any portion thereof, or use of Contents for any other purpose constitutes an infringement of trademark or other proprietary rights of Charlie’s Fixtures.
SECTION 6 – Product and Services Information
In order to facilitate an easier shopping experience, we strive to ensure that our online catalog is accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. Thus, please carefully read the product specifications to verify your purchase instead of solely relying on the product image. While we make best efforts to provide accurate and complete details, description, specifications, and prices of the products, there may be some instances where erroneous information is accidentally provided. If we determine any error, we will make the necessary changes. We do not warrant that the details, descriptions, and specifications are accurate, current, and free from error.
SECTION 7 – Charlie’s Fixtures Account
7.1 General Information
To avail of the entire services of this website, you must register with us by creating a Charlie’s Fixtures Account through this website.
7.2 Information
You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes through the relevant sections of the website.
7.3 Confidentiality
You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You are solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or breach of security.
SECTION 8 – Disclaimer of Warranties
All the products that you purchase through this website are delivered on an “as-is,” “as available,” and “with all faults” basis.
To the fullest extent permitted by applicable law, we disclaim any and all warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.
Further, Charlie’s Fixtures does not warrant that the use of the website will be uninterrupted, secure, or error-free, that any defects will be corrected, or that the website or the servers that make the site available will always be free of viruses or other harmful components.
SECTION 9 – Availability of the Website
9.1 Access to the Website
Charlie’s Fixtures aims to provide its users continuous access to this website. However, there may be instances wherein the website will have to be unavailable, such as when the website is undergoing maintenance, new functions are being included, and other such services to improve your experience with us. Thus, we make no warranty that your access to the website will be uninterrupted, timely, or error-free as the nature of the internet makes it impossible to guarantee the same.
9.2 Suspension from Accessing the Website
Charlie’s Fixtures may, at its sole discretion, terminate or suspend your access to all or part of the website, for any reason, including, without limitation, breach of these Terms. In the event these Terms are terminated, the restrictions regarding content appearing on the website, the representations, and warranties, and the indemnities and limitations of liabilities contained therein will survive termination.
SECTION 10 – Products Policy
Please review Charlie’s Fixtures’ Products Policy in order to understand the terms which will govern all issues relating to the pricing and availability of products. You may access our Products Policy in the Our Policies section of our website.
SECTION 11 – Ordering Policy
Please review Charlie’s Fixtures’ Ordering Policy in order to understand the process relating to the ordering of products through this website. You may access our Ordering Policy in the Our Policies section of our website.
SECTION 12 – Payment Policy
Please review Charlie’s Fixtures’ Payment Policy in order to understand the policy that will govern all issues relating to the payment of orders made through this website. You may access our Payment Policy in the Our Policies section of our website.
SECTION 13 – Shipping Policy
Please review Charlie’s Fixtures’ Shipping Policy in order to understand the policy that will govern issues relating to the delivery and return of products purchased through this website. You may access our Shipping Policy in the Our Policies section of our website.
SECTION 14 – Return Policy
Please review Charlie’s Fixtures’ Return Policy in order to understand the policy that will govern the return of products that were damaged through shipment, defective products, and similar concerns. You may access our Return Policy in the Our Policies section of our website.
SECTION 15 – Promotion Policy
Please review Charlie's Fixtures' Promotion Policy to understand the policy that will govern issues relating to the promotions offered through this website. You may access our Promotion Policy in the Policies section of our website.
SECTION 16 – Privacy Policy
Please review Charlie’s Fixtures’ Privacy Policy in order to understand how we collect, use, disclose, and/or process the information you have provided to us and/or we possess about you, whether now or in the future. You may access our Privacy Policy in the Privacy Policy section of our website.
SECTION 17 - Limitation of Liabilities
You agree that in no event shall Charlie’s Fixtures, its affiliates, officers, directors, employees, agents, and suppliers be liable to you for any direct, indirect, special, consequential, economic, exemplary, incidental, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or directly or indirectly related to:
A. The Terms as contained herein;
B. The service provided by this website or other third-party websites accessed through this website;
C. The products purchased through this website, including any damages or injury arising from any use of such products;
D. The use of or inability to use the website or any other information access through the website;
E. The legality, accuracy, reliability, quality or authenticity of CFLCC’s content, advertisements, services or products provided by any party through the website; and,
F. Hacking, tampering, or other unauthorized access or use of the website or your accounts.
To the full extent permissible by law, Charlie’s Fixtures will not be liable for any damages of any kind arising from the use of any Charlie’s Fixtures service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through our website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Further, in the event of a legal claim, Charlie’s Fixtures’ liability to you for direct damages for any claim shall in no event exceed the amount which you have paid to Charlie’s Fixtures in conjunction with the product under which such claim first arose.
SECTION 18 - Indemnity
You agree to defend, indemnify and hold harmless Charlie’s Fixtures, its affiliates, officers, directors, employees, agents, suppliers, from and against any and all fines, penalties, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ and experts’ fees) arising out of (1) your use and access of the website (2) any product you purchase from the Service (3) your violation of any term in this Terms (4) your violation of any third-party right, including without limitation any right of privacy or intellectual property right (5) fraud you commit, or your intentional misconduct or gross negligence.
SECTION 19 - Dispute Resolution and Arbitration Agreement
Any dispute, claim, or controversy arising from or relating to the Terms of Use, including any question regarding its existence, validity of termination, or other similar effects of use (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and the like) will be determined by mandatory binding individual arbitration, and not class arbitration, in the State of California. The arbiter shall have the exclusive power to rule on his or her own jurisdiction, including any issues regarding the existence, scope, or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Thus, the selected arbiter is bound by this arbitration agreement and can award the same damages and relief as legal courts. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Arbitration Agreement shall be joined to an arbitration involving another party subject to this Agreement, whether through class action proceedings or otherwise.
Any claim or cause of action arising out of, related to or connected with the use of the website or this Agreement must be filed within one (1) year after such claim or cause of action arose, and failure to file the same within the allotted period constitutes a waiver to do so.
SECTION 20 – No Waiver
No failure or delay by us in exercising any right under these Terms shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms.
SECTION 21 – Notice for California Residents
Under the Section 1789.3 of the California Civil Code, residents of California are entitled to receive pertinent information from providers of commercial electronic services. Thus, interested users may request the sending of information or direct their complaints regarding the use of this website to our customer service department at support@charliesfixtures.com and through our toll-free line at (833)-580-0008.