Our terms & conditions | Maria Villalón Studio

Terms of Use

The website located at www.mariavillalonstudio.com (the “Site”) is a copyrighted work belonging to Maria Villalón Studio Inc, (“Maria Villalón Studio”, “us”, and “we”). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement; to the extent such terms, guidelines, and rules conflict with these terms of use, these terms of use shall govern.

THESE TERMS OF USE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Service.

1.1. General.

Maria Villalón Studio provides an online platform that helps connect customers who wish to purchase online interior design services and interior design advice (“Designer Recommendations“) by submitting information about their design projects including photos, and answers to questions (“Customers”) and designers who wish to provide such services (“Designers”), including, for example, responding to projects with Design Concept Preview Proposals (“Design Proposals”), and providing online interior design services including 3D room rendering, shopping list with links, paint color palettes, moodboards, tips and implementation guide, floor plan, and to-do list (“Package”). “User” means any user of the Site or Service, and may be a Designer or a Customer. To the extent you are a Customer, the provisions in this Agreement regarding Customers apply to you. To the extent you are a Designer, the provisions in this Agreement regarding Designers apply to you. To the extent you are a User, the provisions in this Agreement regarding Users apply to you. “Winning Designer” means a Designer whose Design Proposal is selected by Customer in an Project. “Buying Customer” means the applicable Customer. “Sold Package” means the applicable winning Design Proposal and contents of the Package and online décor services. “Sale” means the applicable sale. “IPR” means all trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognized by the laws of any country.

1.2. Project.

Customer may create an Project (“Project”) by creating a Decor Brief (“Decor Brief”), paying the Customer Payment, and following the other instructions on the Site. There are currently two types of Projects: (1) the default Pre-Paid Project and (2) the Private Project. Designers invited by Maria Villalón Studio (in Maria Villalón Studio’ sole discretion) to enter an Project may submit Design Proposals (“Design Proposals”) in the format specified by Maria Villalón Studio by following the instructions on the Site. Design Proposals must comply with the Maria Villalón Studio’s Quality Standards and Decor Brief. For Private Projects, Customer must select one winning Design Proposal or request more Design Proposals by a certain time specified by Maria Villalón Studio. If no proposal is selected in a Private Project, Maria Villalón Studio will retain the Customer Payment, Maria Villalón Studio will retain 50% of the Customer Payment and distribute the remaining 50% to the Designer who participated in the Private Project, and Customer will have no right to a refund or to use the Design Proposals. For Pre-Paid Projects, Customer must select one winning Design Proposal or ask for more Design Proposals by the time specified by Maria Villalón Studio. If no proposal is selected in a Pre-Paid Project, Maria Villalón Studio will retain the Customer Payment and the Customer will have no right to a refund. Customer has sixty (60) days after choosing their Winning Designer to work with that designer, unless otherwise specified by the designer or Maria Villalón Studio before the project commencement. Customer may not: (a) Run a Project if Customer is tendering the creation of the same design through a service other than the Site; (b) allow or request Designers to submit Design Proposals or online design services to Customer via any means other than via the Site; and (c) colluded in relation to the awarding of a winner in a Project or awarding a separate account held by Customer as the successful Designer in a Project. Customers and Designers must deal on an arm’s length basis. Customer may not contact a Designer that Customer meets though the Site separately for any purpose which results in Customer avoiding paying though Maria Villalón Studio for future projects with that Designer. Designer may not sell furniture or services to Customer other than though the Site. Refunds will be paid to Buying Customer using the same payment methods Buying Customer used to remit the Customer Payment to Maria Villalón Studio or via any other method specified by Maria Villalón Studio from time to time. If a refund is paid to Buying Customer or a credit card charge back occurs, then: (a) Selling Designer must reimburse Maria Villalón Studio for the applicable Designer Fee; and (b) Buying Customer will initially receive the amount of the Customer Payment, less the Designer Fee and will receive the Designer Fee only once the Designer Fee is reimbursed by Selling Designer to Maria Villalón Studio. Maria Villalón Studio may refund Buying Customer if the order placed (or request made) by the Customer is found to be fraudulent; the Customer placed a duplicate order (or request) in error. Furniture and decor refunds follow the refund policy of each specific vendor that each item was purchased from and cannot be adjusted by Maria Villalón Studio. Maria Villalón Studio cannot guarantee color accuracy as colors and textures may look different on each Customer’s and Designer’s monitors. Customers are responsible for verifying item sizes before ordering shopping list items as sizes may appear different in renderings. Maria Villalón Studio is not responsible for verifying any Designer Recommendations. Customers are solely responsible for checking and verifying all Designer Recommendations before ordering shopping list items and/or implementing the Designer Recommendations.

1.3. Representations and Warranties.

Designer hereby represents and warrants to Maria Villalón Studio that the execution and delivery of this Agreement by the designer, all media provided by Designer for promotional use by Maria Villalón Studio, and the performance of the Designer’s obligations under this Agreement will not conflict with or breach any agreement, order, will not contain any IPR licensed from a third party, or decree to which the designer is a part of or which he is bound. Designer will indemnify and hold Maria Villalón Studio and Buying Customer harmless, including costs and attorneys’ fees, from any third party claim arising out of a breach by the Design of the foregoing warranty or any third party claim that the Designer infringes/misappropriates.

If Designer maintains a website advertising interior design services or products, if requested by Maria Villalón Studio, such online material must incorporate a Maria Villalón Studio badge and link to Maria Villalón Studio’s website in a form determined by Maria Villalón Studio (including, but not limited to, blog posts related to Maria Villalón Studio design projects). All publicly shared photos of Maria Villalón Studio client designs shall include a watermark of Maria Villalón Studio’s name and logo and a link to Maria Villalón Studio’s website. If any public media references or displays work is undertaken for Maria Villalón Studio (including, but not limited to, press releases and blog posts), such media shall include a link and reference to Maria Villalón Studio, to the extent Designer has sufficient control over such media.

1.4. Project Implementation, Furniture Purchases & Returns

At Maria Villalón Studio, we take pride in a well-designed space and can’t wait to see your project come together. We encourage you to inspect all items upon receipt and if there is any issue, please contact our ordering team at [email protected] right away.

Tips to help you reduce returns:

Request paint and color swatches prior to purchasing. Please double-check on the finishes and colors as some may vary in the photos and on screens. Additional item photos can be requested from vendors.
Test paint on your walls to view at different times of the day in different lights prior to painting or tape paint samples to the walls.
Ensure the items will fit into the room of choice by measuring entryways, hallways, and doorways.
Window measurements by a professional are always recommended. Some of our vendors offer this as a complimentary service. Please feel free to ask the ordering team about this.

Tips for a smooth return process:

Inspect all items upon delivery and contact our team of any issues immediately.
Refuse the delivery if the damage is noticed while the delivery team is still in your home
Send at least 3 photos and a short description of any issues so we can resolve them ASAP.
Keep all original packaging because it is often required to process the return.

Return Policy

Furniture purchased through a third-party vendor is subject to third-party terms such as each vendor’s return policies and warranties. Certain rules and fees apply such as return timelines, return shipping, and pick-up fees. Our team will advocate on your behalf with each vendor to make the process as easy as possible.

Maria Villalón Studio uses reasonable efforts to display the current and accurate price for furniture and decor items, the item price is dynamic, and the price displayed for any particular item (including shipping, white glove delivery, and assembly charge) is subject to change as vendors change their prices from time to time.

Custom Order and Final Sale items are not eligible for cancellation, return, or exchange.

Maria Villalón Studio is not responsible for mismeasurements of suggested furnishings, for item colors, and is not responsible for confirming that suggested merchandise will fit through doorways, hallways, stairways, or elevators. All measurements and colors should be verified by the customer in their space prior to purchasing a product.

Maria Villalón Studio strongly recommends consulting with a licensed professional prior to undertaking any construction activity and will not be held responsible for any consequential or punitive damages arising from such activity.

Maria Villalón Studio will not be responsible for any consequential or punitive damages concerning furniture and decor deliveries and no action for breach of these Terms and Conditions may be brought more than one year after completion of services by Maria Villalón Studio.

Refund Processing

Refunds are processed back to your original form of payment once Maria Villalón Studio has received them from the vendor. Timelines may vary depending on the vendor and our team will continue to watch over this until your refund is processed.

2. Payment Terms.

2.1. Payment and Delivery.

Upon a Sale, Buying Customer will pay the Customer Payment and Maria Villalón Studio will pay Selling Designer the Designer Fee (subject to first receiving payment from the Buying Customer), and (b) Selling Designer will upload the Sold Package and Maria Villalón Studio will deliver the Sold Package to the Buying Customer, in a format specified by Maria Villalón Studio. The “Customer Payment” means (i) the price selected by Customer when Customer created an Project as set forth; (ii) the customized prize amount which included the incentive amount entered by the Buying Customer. The “Designer Fee” means the Customer Payment, minus the fees and charges imposed by Maria Villalón Studio and minus any applicable Taxes. Buying Customer will not pay Selling Designer any amount in excess of the Customer Payment for the Sold Package or to pay Selling Designer separately outside the Site in relation to the supply of an Package, or of an online design service.

2.2. Maria Villalón Studio Credits.

a. The Designer Fee will be paid to Selling Designer in US Dollars after and if the buying customer approves the Package. The balance of any Maria Villalón Studio Credits held by you may be reduced at any time by Maria Villalón Studio for charge-backs or refunds, or for any amount owing by you to Maria Villalón Studio, to compensate Maria Villalón Studio for any loss that it determines (in its sole discretion) it has suffered as a result of any breach of this Agreement by you. The only rights that you have to receive payment of any amounts held by Maria Villalón Studio are as set out in this Agreement.

2.3. General Payment Terms.

All payment will be in US dollars. Each User is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of services provided by designers, from and by independent contractors.

You agree that you are responsible for the collection and/or payment of all Taxes which you may be liable for in any jurisdiction arising from your sale or purchase of any Sold Packages via the Site or your provision of design services that are the subject of an invoice issued through the Site. Maria Villalón Studio is not responsible for collecting, reporting, paying, or remitting to you any such Taxes. “Taxes” means any applicable duties, sales taxes, GST, VAT or other taxes which may be levied in respect of a transaction contemplated by this Agreement. Any amount that is not paid when due will accrue interest at eighteen percent (18%) per annum or the maximum rate permitted by applicable law, whichever is less, from the due date until paid.

You acknowledge that Maria Villalón Studio will not issue 1099 tax forms and further agree that if you are a U.S. buyer purchasing services from U.S. designers, you are solely responsible to issue 1099 tax forms to those designers.

3. IMPORTANT DISCLAIMERS AND RELEASE.

3.1. DISCLAIMER.

WE MAKE NO WARRANTIES REGARDING THE PROJECT, DESIGN PROPOSALS, PACKAGE, ANY OTHER PRODUCTS OR SERVICES PROVIDED BY DESIGNERS, CUSTOMERS, OR OTHER USERS AND EACH OF THE FOREGOING ARE PROVIDED BY US “AS IS”. SELLING DESIGNERS SELL AND BUYING CUSTOMERS BUY SOLD xPACKAGES AT THEIR OWN RISK. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OTHER USER. YOUR INTERACTIONS WITH OTHER USERS ARE SOLELY BETWEEN YOU AND SUCH USER AND Maria Villalón Studio WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER, WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. NOTWITHSTANDING THE FOREGOING, Maria Villalón Studio WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICES DESCRIBED IN THIS AGREEMENT. THE FOREGOING DISCLAIMER SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS IN SECTIONS 12 AND 13.

3.2. RELEASE

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions with, or act or omission of, other Users, including Customers and Designers and Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

4. Accounts.

In order to use the Service, you must register for an account with Maria Villalón Studio (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by emailing customer support at the contact number below. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Maria Villalón Studio of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Maria Villalón Studio cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Designers may not have more than one Account.

5. User Content.

5.1. Your User Content.

“User Content” means any and all information and content that a User submits to, or uses with, the Site or Services. User Content includes Decor Briefs, Projects, Design Proposals, Packages, Designer Portfolio Items provided by Designers to display in their accounts (“Portfolio Items”), and reviews and/or testimonials (“Reviews”). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Maria Villalón Studio. Because you alone are responsible for your User Content (and not Maria Villalón Studio), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Maria Villalón Studio is not obligated to remove any Projects, Decor Briefs, Designer Portfolio Items, Design Proposals, Packages or Reviews from the Site unless required by applicable Law. Maria Villalón Studio is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

5.2. User Content.

You hereby grant, and you represent and warrant that you grant, to Maria Villalón Studio an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Site and Services; provided that Maria Villalón Studio will only use your Decor Brief, Décor Project, Design Proposals, Designer Portfolio Items, and Packages to run applicable projects and promotions. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.