Terms & Conditions
Interpretation and Definitions
1.1 In this Terms and Conditions, the following definitions apply:
‘The Company’ - Ice Modern, Inc., registered in New York State, doing business as Okamoto Studio LLC and funluge.com.
‘The Customer’ - The person or entity who purchases or is in contract to purchase the Goods from the Company.
‘The Goods’ - All items set out in the Order.
‘The Order’ - The selected items for purchase as chosen by the Customer.
‘The Contract’ - The agreement between the Company and the Customer for the sale and purchase of the Goods in accordance with this Terms and Conditions.
General
2.1 All quotations and/or contracts are made upon this Terms and Conditions and no variation or cancellation of any will bind the Company unless agreed in writing.
2.2 This Terms and Conditions shall govern each Contract. Any disagreement with the Terms and Conditions must be conveyed to the Company in writing prior to the receipt of the Order. Failure to do so will result in complete acceptance of the Terms and Conditions in full.
2.3 A quotation for the Goods given by the Company are subject to withdrawal or alteration without notice and are valid for 90 days from the date of issue.
Placing an Order and Terms of Payment
A request for Goods will only be accepted and confirmed once it has been fully paid for using the online order form and portal and using the Company’s online payment facility. Once the Goods have been fully paid for, a confirmation email is to be sent to the Customer and the request for Goods will become an Order.
Cancellation and Alterations
4.1 In the event that the Customer cancels an Order the following charges will apply:
4.2 Alterations to delivery address, timings or delivery date will incur a $35 administration fee.
4.3 Cancellations or alterations can only be made in writing by email. A response will be issued within 2 business days.
Ownership of Goods
The risk in the Goods shall pass to the Customer on completion of delivery.
Ownership of Design
6.1 In all quotations, orders, agreements and discussions between the Customer and/or any third party/agency and the Company, all of the designs, concepts, sketches, drawings and photographs remain the sole property of the Company and may not be used by any other party.
6.2 Exception to clause 6.1 is made in a case where the Customer provides a logo or design which remains the property of the Customer and/or the originator.
6.3 No design, concept, sketch, drawing, or photograph of any products created or produced by the Company may be used without permission and agreement of a director of the Company.
Quality
7.1 The Company warrants that on delivery the Goods shall:
7.2 The Company shall not be liable if the Goods fail to comply with the warranty set out in clause 7.1 if:
7.3 The Customer is to anticipate and accept the presence of spontaneous cracklings within ice that may occur as thermo shock and thus an integral aesthetic of the Sculptures as long as it does not compromise the structural integrity during and throughout its display.
7.4 The Terms and Conditions shall apply to any repaired or replacement Goods supplied by the Company.
Ordering and Lead Time
8.1 The Company requires a minimum of 4 days from confirmation and payment of the Order to completion and delivery of the Order.
8.2 For large orders, this period will be increased at the discretion of the Company and will be agreed and confirmed in writing by the Company at the time of the Order.
Pick Up
9.1 The Customer is responsible to arrive at the agreed location by the Company during the agreed time and date to receive the Order. The failure to pick up on-time and past the business hours results in the forfeit of and the fulfilled completion of the Order unless otherwise notified prior and modified with $35 administration fee paid.
9.2 The Customer is responsible for the condition and fate of the Goods from the moment the Order is physically received.
9.3 The Customer must be physically capable to carrying and transporting the Goods to complete the order.
Delivery/Non Delivery
10.1 The Company shall arrange delivery of the Goods to the Customer at an address previously specified and agreed by both the Company and the Customer for an agreed payment amount.
10.2 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Company shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
10.3 The Company uses a subcontractor to make deliveries within the pre-agreed delivery times.
10.4 If for any reason the Customer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company or its subcontractors are unable to deliver the Goods on time because the Customer has not provided appropriate instructions, documents, licenses or authorizations, risk in the Goods shall pass to the Customer (including for loss and damages) and the Goods shall be deemed to have been delivered.
10.5 When the Company agrees to deliver the Order but without an installation service it is the Customer’s responsibility to ensure that suitable freezer storage is available if necessary, and fully briefed personnel are available for handling. The Company accepts no responsibility for losses or breakages following delivery and acceptance of the Goods.
10.6 If the Company or its subcontractors fail to deliver the Goods, for whatever reason, the Customer will be issued a full refund or offered a replacement product at a cost not exceeding the price initially paid for the Goods at another date within 6 months of the initial order date. If the Customer has requested delivery of the Goods, the Company shall not, or shall any of its sub-contractors, be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Customer gives written notice to the Company of the non-delivery within 5 days of the time when the Goods should have been received. Any liability of the Company for non-delivery of the Goods by the Company or its subcontractors shall be limited to replacing the Goods within a reasonable time or issuing a credit note for the Contract price against any invoices raised for such Goods.
Quantity
The quantity of any consignment of Goods will be recorded by the Company on dispatch from the Company’s place of business via its website and shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.
Limitation of Liability
12.1 The Company shall not, nor shall any of its subcontractors, be liable for any damage or defect to the Goods and/or damage to the Customer’s property caused by the Goods if any such defects or damage arises because the Customer or any of its agents have failed to follow the Company’s oral or written instructions as to the storage, installation, handling, removal, dismantling of the Goods or if the Customer or any of its agents have made alterations to the Goods without the written consent of the Company.
12.2 The Customer shall bear any and all damage, injury, loss, cost, expense or liability resulting from, arising out of, or incident to the Goods that is not directly attributable to the gross negligence of the Company.
12.3 The Company shall not be liable for any water damage that occurs upon receiving of the Order and/or once it is set up for display and use.
- 4 The Company shall not be liable to the Customer or otherwise for any loss of profit or any indirect or consequential loss arising under or in connection with the Contract.
12.5 The Company’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract or otherwise shall not exceed the price of the Goods.
Returns Policy
13.1 The Goods under this Terms and Conditions are perishable and therefore cannot be returned.
13.2 No refund is considered once the Order is received and not in contact with the Company within 3 hours of receiving and/or delivery.
13.3 A refund and/or replacement is provided if the Order is found damaged with no apparent damage to its packaging. Client must provide the damage claim through e-mail contact from the website with order number and the details about the issues at hand with photos for proper inspection and review.
13.4 All refund payment is to be made within 10 days after the review and agreement of refund.
Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event is defined as any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lockouts, strikes,or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
Third Party Rights
A person who is not a party to the Contract shall not have any rights under or in connection with it.
Governing Law and Jurisdiction
The Contract, and any dispute or claim, shall be governed by the laws of the State of New York.
ALL CUSTOMERS MUST READ AND ACCEPT THESE TERMS AND CONDITIONS.