Terms of service
Last updated: October 17, 2024
This website is operated by Josh Dores Studio, LLC. Here, you can find our Terms of Service ("Terms and Conditions" or "Terms"). Throughout this site and within these Terms of Service, the words ‘us’, ‘our’, and ‘we’ refer to Josh Dores Studio, LLC. By exploring our site or making a purchase, you engage in our "Service" and agree to be legally bound by these Terms of Service. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be legally bound by these Terms of Service. If you do not agree to all the Terms of this agreement, then you may not access the website or purchase any products.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
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. If you have any inquiries with respect to our Terms of Service, our site, or any of our products, please email us at info@joshdoresstudio.com.
Website Terms
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Our site is intended for adults. If you are a minor using this site, we are entitled to assume that your use of this site is with the knowledge and consent of your parents or legal guardians.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our products, the website 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 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, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (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 website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website without express written permission by us. We reserve the right to terminate your use of the website for violating any of the prohibited uses. We reserve the right to refuse service 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. Your submission of personal information through our website is governed by our Privacy Policy.
Third-Party Tools & Links
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 optional third-party tools. Any use by you of these 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 of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and 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.
Product Information
We strive to provide accurate photography and information for all of our products. Occasionally, there may be differences between the photographic depiction and the physical product, including but not limited to color, finish, texture, size and scale. We cannot guarantee that your computer’s display of any color will be accurate. Many of our products utilize materials that may have natural variations in finish or grain, which are inherent and considered to be a part of their natural aesthetic. Many of our product finishes are lacquered to mitigate oxidation; however we do not guarantee finishes against some degree of patina and oxidation. All product spec sheets, drawings, dimensions, weights, and descriptions are close approximations intended to give a general description of the product; they are subject to change anytime without notice and do not constitute a binding part of this agreement. All products and product information, including but not limited to product photography, spec sheets, drawings, renderings, and illustrations, are the exclusive intellectual property of Josh Dores Studio, LLC.
Furthermore, our site may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, shipping charges, transit times, and availability. We retain the right to rectify any errors, inaccuracies, or omissions and to cancel orders if any information is incorrect without prior notice. We reserve the right to limit the quantities of any products that we offer or to discontinue any product at any time. At all times, we reserve the right to reject any order for any reason.
Intellectual Property and Copyright
All content on this site, including but not limited to web site design, software, text, graphics, logos, images, spec sheets, drawings, renderings, illustrations, photographs, audio, and video is the exclusive property of Josh Dores Studio, LLC and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, display, license, create derivations of, or otherwise use any of the content without prior written consent from Josh Dores Studio, LLC.
Stem Lengths
Our standard stem length for ceiling lighting products is 35”. Please contact us if a longer stem length is needed and we will do our best to accommodate this request. Certain lighting products may require the stem length to be cut-to-order prior to shipping, where Josh Dores Studio, LLC will modify the stem length according to the customer’s request. This stem length information will need to be provided by the customer in a timely manner in order to reduce the possibility of delays in lead time. Once the stem length is provided and it is modified, no further height alterations will be permitted. Any stem length cannot be cut shorter than a minimum of 4”, as installation and wiring would not be feasible.
Installation
Josh Dores Studio, LLC will provide installation instructions with every product that requires installation or assembly, as determined by us. Please read and follow these instructions very carefully to ensure proper installation and to mitigate damage to products. Our lighting products must be installed by a certified electrician. Our suspended lighting products must be installed into a standard junction box rated for the weight of the fixture. Please reference the product spec sheet for weight details.
Pricing & Payment
All prices shown are in USD. Prices may be subject to change without notice. We accept payment online via credit or debit card only. Payment must be made in full in order to begin production. When making a purchase, you agree to provide current, complete, and accurate purchase and account information so that we can complete your transaction and contact you as needed.
Any duties, taxes, and shipping charges are the responsibility of the customer. Josh Dores Studio, LLC will collect sales tax on all Colorado sales unless a valid resale certificate is presented at the time of payment. For any states outside of Colorado, we do not meet nexus requirements and therefore will not collect sales tax. When sales tax is not collected, the customer is solely responsible for paying taxes per their jurisdictional tax regulations.
Lead Times
Product lead times are listed on the specification sheet for each product and are provided solely as an estimation. Lead times begin with receipt of payment. Custom projects will have their own lead times dependent on the request details. Josh Dores Studio, LLC has no obligation to fulfill an order by the specified lead time.
Rush orders may be accommodated but do require our pre-approval as it depends on the product and availability. Please contact us as quickly as possible to initiate a rush order request so we can do our best to accommodate your schedule. Approved rush orders incur a 20% rush fee which must be paid in full prior to initiating production. Rush orders are not eligible for cancellations. Rush fees and shipping costs are non-refundable.
Custom Requests
We are happy to accommodate custom requests where we determine feasible. Please contact us at info@joshdoresstudio.com to initiate a custom request. We will guide you through the custom design process and prepare a quote for you. Custom projects will have their own fees and lead times dependent on the request details. Custom orders must be paid in full prior to initiation of production. Once a custom order is approved and paid, they are not eligible for cancellations or returns. We reserve the right to cancel a custom quote at any time, making it invalid and expired. If this occurs, please feel free to contact us to request a new quote.
Shipping
It is the responsibility of the customer to pay for shipping. Shipping costs and times are determined based on the product size, product weight, quantity, and destination. For added security against loss and damage, every package is traceable and insured. Upon shipment, customers will receive an email notification containing the tracking number.
Local Denver customers may contact us at info@joshdoresstudio.com to inquire about a local delivery option. In these cases, we may provide a discounted shipping promotion code at our discretion. On all orders, we reserve the right to not provide this local delivery option and require standard shipping methods and costs to be paid by the customer. Local deliveries must be scheduled and agreed upon between us and the customer, and the customer must be present to receive the product.
For all deliveries, the customer assumes responsibility for receiving the delivery, inspecting for damages, disposing of packaging, and product assembly or installation. Any fees resulting from customer errors, such as missed appointments, failed deliveries, and address changes, are solely the customer’s responsibility. Shipping costs are non-refundable on any order.
Cancellations & Returns
All sales are final. Since our products are made-to-order, we do not offer returns, refunds, cancellations, or exchanges. Before placing an order, please review all dimensions and product specifications to ensure compatibility with your space and verify that the product can smoothly pass through doors, stairwells, etc., to get to its final location.
Damages
Customer is responsible for inspecting packages upon delivery. Any evident damage to the packaging must be documented on the delivery receipt and signed by both customer and carrier. To initiate a damage claim, please notify us at info@joshdoresstudio.com. Damage claims must be reported in writing within 3 days of delivery. Damage claims require photo documentation, including clear images of the packaging and the damaged product. Customers are required to retain the product and all packaging until further instruction by us on how to proceed. Products must be unassembled and in original packaging. Please note that installation of the product constitutes acceptance of its condition and we will not accept damage claims on products that have been installed. Failure to abide by these rules may invalidate any claim.
In the case of an accepted damage claim, we will work with the customer to repair or replace the damaged product as appropriate to ensure the issue is resolved to the best of our ability.
Warranty
Our products are covered by a limited warranty which guarantees that our products will be free from defects in materials and workmanship for two years from the date of purchase. This limited warranty only applies to the original purchaser and items must have been purchased from Josh Dores Studio, LLC directly or from an authorized reseller or distributor. To initiate a warranty claim, please notify us at info@joshdoresstudio.com. Warranty claims must be reported in writing within 10 days of the occurrence. Warranty claims require photo documentation, including clear images of the damaged product for initial review. Before assuming any obligation under this limited warranty, we retain the right to inspect the damaged product. The customer is solely responsible for all shipping costs associated with this inspection. This limited warranty does not cover damage resulting from improper installation or assembly, misuse, accidents, negligence, alterations, normal wear and tear, exposure to extreme conditions, or outdoor use. Failure to abide by these rules may invalidate any claim.
In the case of an accepted warranty claim, at our discretion, we will repair or replace the damaged product covered by this limited warranty.
Force Majeure
Product lead times are listed on the specification sheet for each product and are provided solely as an estimation. Josh Dores Studio, LLC shall not be liable for any failure or delay in shipment or default in delivery due to any reason of force majeure or due to any cause beyond its reasonable control, including but not limited to acts of God, fires, floods, wars, sabotage, civil unrest, labor disturbances, material shortages, governmental actions, and disruptions in electrical, telecommunications, or internet services.
Limitation of Liability
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 provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You explicitly acknowledge and agree that Josh Dores Studio, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, 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. This limitation applies to the fullest extent permitted by law and survives any termination or expiration of these terms. 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. You acknowledge that your only remedy for dissatisfaction with the site, its content, or any products is to discontinue your use of the site, its content, or those products.
Indemnification
You agree to indemnify, defend, and hold harmless Josh Dores Studio, LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, made by any third-party due to or arising out of or in any way connected with (a) your use of our website or products, (b) your violation of these terms of service, or (c) your violation of any rights of another party. This includes, but is not limited to, any loss of use, profits, data, goodwill, or costs associated with acquiring substitute services, arising from the use of the site or the inability to use it, the use of company products, or the procurement of substitute items or websites. This indemnification obligation applies to the fullest extent permitted by law and survives any termination or expiration of these terms.
No Waiver
In the event that Josh Dores Studio, LLC fails to enforce any provision of these Terms, it shall not constitute a waiver of such provision or any other provision. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, such provision shall still be enforceable to the fullest extent permitted by law, and the unenforceable portion will be considered severed from these Terms of Service. This determination shall not affect the validity and enforceability of any other remaining provisions, and the remainder of these Terms shall continue in full force and effect.
Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service or your use of our services or products (a "Dispute"), you agree to first attempt to resolve the Dispute informally by contacting us at info@joshdoresstudio.com. Any Dispute or legal action you initiate must be formally submitted within one year of the event that gave rise to the Dispute or it shall be permanently barred, regardless of any applicable statutes of limitations. These Terms and any Dispute arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Colorado, and each party hereby consents to the personal jurisdiction and venue therein.
In the event that Josh Dores Studio, LLC initiates any legal action to enforce the terms of this agreement, we shall be entitled to recover (from you) our costs and attorney’s fees incurred to the extent that we prevail in such action, in addition to any damages and other relief granted. Regardless of the outcome, you agree to pay for your own attorney’s fees and costs incurred in connection with this legal action.
In the event that you initiate any legal action against Josh Dores Studio, LLC for any reason, we shall be entitled to recover (from you) our costs and attorney’s fees incurred to the extent that we prevail in such action, in addition to any damages and other relief granted. Regardless of the outcome, you agree to pay for your own attorney’s fees and costs incurred in connection with this legal action.
Termination
You acknowledge that Josh Dores Studio, LLC reserves the right to terminate your access to this website at any time, without prior notice, for any reason we deem appropriate, at our sole discretion. Josh Dores Studio, LLC shall not be liable to you or any third party for any consequences arising from such termination of your access to this website. In the event of any termination of your access to this website, all provisions of these Terms shall remain in effect.