Terms & Conditions.

Last Updated: October 1, 2023

Welcome to shopmadern.com! These Terms of Use apply to Lynx Design Studio, LLC, as well as the website of our affiliated brand, including Madern by Lynx Design Studio, and Madern Kids (collectively, the “Website”). This Website is operated by Lynx Design Studio, LLC. d/b/a Madern, (“LYNX DESIGN STUDIO, LLC,” “we,” or “us”).

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING INDIVIDUAL ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND LYNX DESIGN STUDIO, LLC AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Your access and use of this Website, among other things, are governed by these Terms of Use. All references to “using” or “use” of the Website in these terms include accessing, visiting, or interacting with the Website in any way. By using the Website, you are agreeing to follow these rules and to be bound by them. If you do not agree with any of these Terms of Use, do not use the Website.

You may not use or enroll in or purchase any products, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with LYNX DESIGN STUDIO, LLC. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind.

All inquiries may be directed to:

LYNX DESIGN STUDIO, LLC

7125 Headley Street

PO Box 903

Ada, MI 49301

Privacy

DISPUTE RESOLUTION POLICY: BINDING ARBITRATION

MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CONTACTING CUSTOMER SERVICE AT (877) 872-8857. IN THE UNLIKELY EVENT THAT OUR CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT, INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE TERMS OF THIS AGREEMENT. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. IN ARBITRATION, BOTH YOU AND LYNX DESIGN STUDIO, LLC WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.

1. If we are not able to resolve the dispute, and neither party chooses small claims court to resolve the dispute, you and LYNX DESIGN STUDIO, LLC agree to arbitrate any and all disputes and claims between you and us arising out of or relating to this Agreement, use of the Websites, products, or services, whether you are a visitor to the Website or a customer, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property (as set forth in below) shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including injunctive and other relief sought, may be brought in a court of competent jurisdiction.
For purposes of this arbitration provision, references to “LYNX DESIGN STUDIO, LLC,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information provided or made available under this or prior Agreements between us relating to or arising from any aspect of your use of the Website. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and LYNX DESIGN STUDIO, LLC are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to LYNX DESIGN STUDIO, LLC should be addressed to: Legal Department, 7125 Headley Street, PO Box 903, Ada, MI, 49301 ("Notice Address''). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from LYNX DESIGN STUDIO, LLC (“Demand”). If LYNX DESIGN STUDIO, LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or LYNX DESIGN STUDIO, LLC may commence an arbitration proceeding. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court, including for example, under California Code of Civil Procedure Section 998 for arbitrations taking place in California. Such offers of compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary).

The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org?, by calling the AAA at (800) 778-7879, or by writing to the Notice Address.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable.
The place of arbitration shall be Grand Rapids. The arbitration shall be governed by the laws of the State of Michigan. Case Management Conferences and other hearings shall be heard via telephone unless otherwise agreed to. Parties must attend all telephonic and in-person hearings and Case Management Conferences with counsel unless otherwise agreed to by the parties.
If you believe that the costs of arbitration will be prohibitive as compared to the costs of litigation and you would like to submit a request to LYNX DESIGN STUDIO, LLC to pay administrative costs and arbitrator’s fees, please submit your request and the reason for your request to the LYNX DESIGN STUDIO, LLC Legal Department contact assigned to your case. If LYNX DESIGN STUDIO, LLC denies your request, and you continue to believe the cost of arbitration is prohibitive as compared to the costs of litigation, you may ask that in the final award, the arbitrator apportion the costs of arbitration and arbitrator fees among the parties in such amounts as the arbitrator deems appropriate to prevent the costs of arbitration from being prohibitive.
If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules and the above paragraph shall not apply. If an arbitrator finds that your Demand is frivolous or brought for an improper purpose, you agree to reimburse LYNX DESIGN STUDIO, LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

YOU AND LYNX DESIGN STUDIO, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.

Notwithstanding any provision in this Agreement to the contrary, we agree that if LYNX DESIGN STUDIO, LLC makes any material change to this arbitration provision (other than a change to the Notice Address) after your use of the Website, you may reject any such change and require LYNX DESIGN STUDIO, LLC to adhere to the language in this arbitration provision as written at the time of your use of the Website or the purchase at issue if a dispute between us arises, by providing Notice to LYNX DESIGN STUDIO, LLC at the Notice Address in subsection (b) above.

Product Descriptions

We have done our best to display as accurately as possible the colors, measurements, dimensions, and descriptions of the products shown on the Website. These are approximations to assist you in reviewing products, may not be exact, and are subject to change. Note: Different computers and web browsers display colors differently. We are not responsible for variations in color between the product you receive and the product shown on our site. Similarly, all items made from natural products (including but not limited to wood, marble, limestone, alabaster, glazed ceramic, etc.) will have natural variations and no two items will look identical. These variations are expected and will NOT be considered defects, damages, or incorrect items.

Product Order

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. LYNX DESIGN STUDIO, LLC reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the site are subject to change without notice. Errors will be corrected when discovered and LYNX DESIGN STUDIO, LLC reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). LYNX DESIGN STUDIO, LLC reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Items purchased pursuant to a quantity discount may be re-priced upon cancellation. If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away, and we will work with you to cancel or return your order.

Product Returns & Other Suspicious Activity

If we identify an unreasonable return pattern, lost package pattern or delayed shipment pattern, LYNX DESIGN STUDIO, LLC reserves the right to restrict or refuse future transactions or returns from such customers at any time.

Pricing and Sales Tax

The prices displayed on this Website are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into U.S. territories, and you will be advised of such charges before we finalize and ship your order. Please note we only collect Michigan sales tax. We are committed to complying with each states notice and reporting requirements for sales use tax due to no physical or economic nexus. Please see our website for any special state notice requirements.

Lost Parcels

In the event that the package is not received or lost in transit, but shows delivered to the shipping address associated with the order, LYNX DESIGN STUDIO, LLC will not be liable for non-receipt of goods or replacement of goods. LYNX DESIGN STUDIO, LLC will assist in filing a trace and claim with the respective carrier to assist client in locating lost parcels. Parcels that are unclaimed or refused will be subject to applicable return and re-stocking fees and will not be considered cancelled.

Delayed Shipment

LYNX DESIGN STUDIO, LLC is not responsible for any incurred storage fees or held shipment charges should you choose to delay shipment. LYNX DESIGN STUDIO, LLC is not responsible for any charges due to shipping arrangements made without approval from our shipping department.

Should storage charges or any other charges incur due to held shipments or arrangements made without our authorization, LYNX DESIGN STUDIO, LLC will send you an invoice via email for reimbursement of these expenses.

Failure to Accept Delivery or Pick up Product

If a customer fails to accept delivery or pick up a product within 30 days of the shipping date, LYNX DESIGN STUDIO, LLC reserves the right to consider the property abandoned and has the right to cancel the order and refund the customer’s money. All return shipping charges plus a restocking fee will be deducted from customer’s refund. Custom and Made to Order products that are not returnable will be considered abandoned property and LYNX DESIGN STUDIO, LLC reserves the right to sell, dispose of, or use the products in any way it chooses.

At 15 days of Notice of Shipping Date and Failure to Accept Delivery or Pick up Product, LYNX DESIGN STUDIO, LLC reserves the right to start charging customer storage fees. Customer will be billed at cost for storage fees incurred until product ships or is forfeited at 30 days of Notice to Ship Date. Made to Order products that are not returnable will be considered abandoned after 30 days and LYNX DESIGN STUDIO, LLC reserves the right to sell, dispose of, or use the products in any way it chooses. .

Disclaimer

THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEBSITE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT LYNX DESIGN STUDIO, LLC AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, “AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LYNX DESIGN STUDIO, LLC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LYNX DESIGN STUDIO, LLC AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LYNX DESIGN STUDIO, LLC OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEBSITE HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold LYNX DESIGN STUDIO, LLC and its Affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, including, without limitation, your use of the Website in violation of these Terms of Use.

Text Messaging Opt-Ins
You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about order, shipping updates, promotional offers and more These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages. To the extent you voluntarily opt to have Text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms and Conditions.

If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional Text text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email infor@lynxdesignstudio.com In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures

Other Provisions

These Terms of Use will be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any conflict of laws rules or provisions.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

Except as specifically provided in these Terms of Use, if any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

These Terms of Use May Change

LYNX DESIGN STUDIO, LLC reserves the right to make changes, update or modify these Terms of Use, our Website, other policies at any time without prior notice. All changes are effective immediately, and if you continue to use this Website, you will be accepting the revised Terms of Use. For this reason, we encourage you to review these Terms of Use each time you use this Website.