TERMS & CONDITIONS
1 — Introduction
By placing an order with JOEL ESCALONA STUDIO (“we,” “us,” or “our”), you (the “Buyer”) agree to these Terms and Conditions of Sale (“Terms”). These Terms, together with our written order confirmation, form the entire agreement governing the sale of our products (“Products”). Any additional or conflicting terms proposed by Buyer—whether oral, typed, written, or printed—are hereby rejected unless specifically accepted in writing by JOEL ESCALONA STUDIO.
2 — Key Terms and Definitions
Buyer: The person or entity purchasing Products from JOEL ESCALONA STUDIO.
Products: Furniture, artwork, and other items produced or sold by JOEL ESCALONA STUDIO.
Order Confirmation: JOEL ESCALONA STUDIO’s written acceptance of the Buyer’s order, which is final and binding and sets forth product specifications, prices, schedules, and other relevant details.
3 — Order Placement and Acceptance
3.1 Order Requirements:
All purchase orders must be submitted in writing and must include:
Product and material specifications
Quantities
Delivery address
Shipping instructions and contact details
3.2 Conflicts in Terms:
In the event of any conflict between these Terms and the Buyer’s order form or other communications, these Terms shall prevail.
3.3 Acceptance of Orders:
JOEL ESCALONA STUDIO may accept orders in whole or in part. No order is binding unless and until JOEL ESCALONA STUDIO issues a written Order Confirmation from its main office in Mexico City. JOEL ESCALONA STUDIO reserves the right to reject any order in its sole discretion. Once JOEL ESCALONA STUDIO issues an Order Confirmation, the order is final and cannot be canceled, withdrawn, or modified by the Buyer, except as provided in Section 11.
3.4 Partial Acceptance:
If JOEL ESCALONA STUDIO partially accepts an order, the Buyer is only bound to the accepted portion. The acceptance of part of any order shall not obligate JOEL ESCALONA STUDIO to accept the remainder.
4 — Design Disclaimer, Materials, and Production Approval
4.1 Design Representation:
All images in JOEL ESCALONA STUDIO’s catalogs, website, and marketing materials may be digitally created or modified representations. While we strive for accuracy, slight variations in proportion, texture, color, grain, or surface finish may occur due to the natural characteristics of materials and artisanal production methods. Such variations are considered normal and are not defects.
4.2 Technical Drawings and Approval:
Upon receiving the Buyer’s order, JOEL ESCALONA STUDIO will provide a general technical drawing detailing dimensions, proportions, and design elements. The Buyer must review and confirm this technical drawing in writing within five (5) calendar days. If the Buyer does not provide timely written approval, JOEL ESCALONA STUDIO may proceed with production based on the issued technical drawing to maintain schedules. The Buyer bears responsibility for any deviations resulting from failure to review and confirm.
4.3 Material Selection and Samples:
JOEL ESCALONA STUDIO selects only the finest quality materials. Natural variations in color, grain, texture, and patina are inherent to our handmade Products and are not considered defects. Upon request, JOEL ESCALONA STUDIO can provide free material samples. If the Buyer does not provide feedback within five (5) calendar days of receipt of samples, the samples are considered accepted, and production will proceed accordingly.
4.4 Customization and Special Materials:
For custom requests or non-standard materials, additional fees, extended lead times, and Buyer approvals may apply. Exact matches to requested materials, colors, or tones cannot be guaranteed due to natural and process variations. Production will not begin until the Buyer confirms all custom details in writing, which may extend lead times.
5 — Pricing and Payment Terms
5.1 Pricing:
Prices are as listed in JOEL ESCALONA STUDIO’s Order Confirmation. Catalog prices are for reference only and are subject to change without notice. Normal packaging is included, but special or unusual packaging, inside delivery, uncrating, installation, or special handling may incur additional charges. Prices do not include storage costs, insurance, sales taxes, duties, tariffs, or any other charges not specified in the Order Confirmation.
5.2 Currency and Exchange Rates:
Payments shall be made in U.S. Dollars or Mexican Pesos based on the exchange rate on the day of the Order Confirmation or as specified therein.
5.3 Payment Terms and Deposit:
Unless Buyer has established credit with JOEL ESCALONA STUDIO, a 100% deposit is required. For Buyers with approved credit, terms will be stated in the Order Confirmation. Accounts not paid within 30 days are delinquent and will incur interest at 1.5% per month on the unpaid balance.
5.4 Discounts and Allowances:
No discounts, allowances, commissions, or rebates are granted unless expressly stated in JOEL ESCALONA STUDIO’s Order Confirmation. Any prepayment discounts apply only if the full invoiced amount is received on or before the due date.
6 — Taxes, Tariffs, and Transportation Charges
6.1 Taxes and Duties:
The Buyer is responsible for all taxes, tariffs, duties, and government charges associated with the sale, production, transportation, importation, or use of the Products.
6.2 Transportation Charges:
JOEL ESCALONA STUDIO’s prices are typically Ex Works Mexico City. Any increases in transportation charges that must be paid by JOEL ESCALONA STUDIO after the order is confirmed may be added to the Buyer’s invoice. The Buyer is responsible for any additional shipping costs, such as taxes, complementary freight fees, or other charges arising during transit.
7 — Production and Delivery
7.1 Production Timelines:
Any production or delivery dates provided are estimates only. JOEL ESCALONA STUDIO shall not be liable for direct, indirect, incidental, special, or consequential damages due to delays in production or delivery. By placing an order, the Buyer acknowledges that delivery times are not guaranteed and waives any claims against JOEL ESCALONA STUDIO for such delays.
7.2 Force Majeure:
JOEL ESCALONA STUDIO is not liable for delays or failure to deliver due to causes beyond its control, including but not limited to fires, floods, strikes, labor disputes, accidents, machinery breakdowns, material shortages, sabotage, riots, laws, regulations, customs delays, governmental actions, or transportation issues.
8 — Shipping, Risk of Loss, and Storage
8.1 Shipping Methods and Third-Party Carriers:
JOEL ESCALONA STUDIO will arrange shipment via surface, air, or sea transportation through third-party carriers. The Buyer acknowledges and agrees that JOEL ESCALONA STUDIO is only facilitating the shipment and that the carrier is not JOEL ESCALONA STUDIO’s agent.
8.2 Risk of Loss:
Risk of loss passes to the Buyer once the Products leave JOEL ESCALONA STUDIO’s factory or warehouse and are delivered to the carrier. The Buyer bears all risk of damage or loss in transit.
8.3 Alternative Shipping Methods and Paperwork:
If the Buyer selects a different shipping method (e.g., air freight) or requests special arrangements, the Buyer is responsible for all additional paperwork and fees. JOEL ESCALONA STUDIO shall not be liable for any resulting delays or costs.
8.4 Failure to Pick Up or Accept Products:
If the Buyer fails to pick up or accept delivery on the date specified by JOEL ESCALONA STUDIO, any additional costs (storage, demurrage, warehousing, transportation) will be charged to the Buyer.
8.5 Storage Fees:
If the Buyer cannot accept delivery within ten (10) days of the acknowledged ship date, JOEL ESCALONA STUDIO may transfer the Products to storage. Transfer, storage, and insurance costs will be borne by the Buyer. JOEL ESCALONA STUDIO will consider such transfer as “delivery” for all purposes, including invoicing and payment.
9 — Inspection, Claims, and Damage in Transit
9.1 Inspection on Receipt:
The Buyer must inspect the Products immediately upon delivery. Any shortages, damages, or discrepancies must be noted on the carrier’s delivery receipt.
9.2 Claims Deadline and Process:
All claims must be made in writing and received by JOEL ESCALONA STUDIO within three (3) calendar days of delivery. The Buyer must provide detailed photographs (at least 3 of the packaging as received, 3 of the piece wrapped or as received, and 3 of the piece unwrapped) and a description of the damage or issue.
9.3 JOEL ESCALONA STUDIO Assistance in Claims:
While JOEL ESCALONA STUDIO is not liable for shipping damage, we can assist the Buyer in filing a claim with the carrier. JOEL ESCALONA STUDIO cannot guarantee a successful claim or provide ongoing updates on the claim’s status once submitted. The decision of the freight company is final.
9.4 Remedies for Successful Claims:
If the claim is successful, JOEL ESCALONA STUDIO will produce a new piece for the Buyer. If the claim is not successful, JOEL ESCALONA STUDIO cannot replace or repair the Product at its expense.
9.5 Waiver of Claims:
Failure to notify JOEL ESCALONA STUDIO of any claim within the specified three-day period constitutes irrevocable acceptance of the Products and an admission that the Products fully comply with the terms of the order.
10 — Returns and Restocking
10.1 Authorization Required:
Returns require JOEL ESCALONA STUDIO’s prior written authorization. Unauthorized returns will be refused and returned at the Buyer’s expense, potentially resulting in loss of the Product.
10.2 Restocking Fees and Conditions:
Authorized returns of standard items are subject to a 50% restocking fee. Non-standard and custom items are not returnable. Additional charges may apply if returned Products are damaged or require rework.
10.3 Return Shipping Costs:
The Buyer must prepay transportation costs for returns. JOEL ESCALONA STUDIO is not responsible for any damage or loss during return transit.
11 — Order Changes and Cancellations
11.1 Change or Cancellation Requests:
The Buyer must request changes or cancellations in writing within five (5) calendar days of JOEL ESCALONA STUDIO’s receipt of the original purchase order. JOEL ESCALONA STUDIO may, at its sole discretion, accept or reject such requests.
11.2 Conditions of Acceptance:
If a change or cancellation is accepted, the Buyer must indemnify JOEL ESCALONA STUDIO for any loss, costs, or expenses incurred, and must provide JOEL ESCALONA STUDIO with a reasonable profit for time, services, and use of facilities expended to date. Any goods shipped or delivered prior to cancellation, suspension, or extension must be accepted and paid for by the Buyer.
11.3 Impact on Delivery and Pricing:
Any changes to specifications, materials, or order details will likely result in a revised delivery schedule and may incur additional material and labor charges as determined solely by JOEL ESCALONA STUDIO.
11.4 Non-Cancelable Orders:
Orders involving special materials, custom designs, or non-standard components are not subject to cancellation once accepted by JOEL ESCALONA STUDIO.
12 — Limited Warranty and Limitations
12.1 Limited 2-Month Warranty:
JOEL ESCALONA STUDIO warrants that its Products will be free from defects in workmanship and materials for two (2) months from the date of shipment, under normal conditions and intended use. Normal wear and tear, patina, texture development, and other natural changes in materials are not covered.
12.2 Exclusions:
Veneers, laminates, glass, electrical components, and other sourced products carry only the original manufacturer’s warranty, if any. Damage caused by water, ultraviolet light, sea air, or extreme temperature changes is excluded unless the Product is designed for such conditions.
12.3 Warranty Claims:
The Buyer must notify JOEL ESCALONA STUDIO of any warranty claim within five (5) calendar days of discovering a defect. If JOEL ESCALONA STUDIO determines that the Product is defective under this warranty, JOEL ESCALONA STUDIO may, at its option, repair or replace it. This remedy is the Buyer’s sole and exclusive remedy for warranty claims.
12.4 Disclaimer of Other Warranties:
EXCEPT AS EXPRESSLY STATED HEREIN, JOEL ESCALONA STUDIO MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12.5 Limitation of Liability:
JOEL ESCALONA STUDIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOST PROFITS, INCREASED OPERATING COSTS, OR LOSS OF PRODUCTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
13 — Intellectual Property and Design Rights
13.1 JOEL ESCALONA STUDIO’s Designs:
All designs, models, drawings, and artistic works provided by JOEL ESCALONA STUDIO remain JOEL ESCALONA STUDIO’s exclusive property. Buyer may not copy, reproduce, or replicate JOEL ESCALONA STUDIO’s designs or use them for manufacturing without JOEL ESCALONA STUDIO’s prior written consent.
13.2 Catalog and Price Lists:
JOEL ESCALONA STUDIO’s catalogs and price lists are not available to the general public and are intended solely for trade partners. They remain JOEL ESCALONA STUDIO’s property and may not be shared or reproduced.
14 — Waiver, Merger, and Modification
14.1 Waiver:
JOEL ESCALONA STUDIO’s failure to strictly enforce any term or condition does not waive its right to enforce such term in the future.
14.2 Entire Agreement (Merger Clause):
These Terms, together with the Order Confirmation, constitute the entire agreement between JOEL ESCALONA STUDIO and the Buyer. Oral statements by dealers, salespeople, or employees do not constitute warranties or form part of this agreement.
14.3 Modification:
These Terms may only be modified by a written document signed by an authorized JOEL ESCALONA STUDIO representative.
15 — Governing Law and Dispute Resolution
15.1 Applicable Law:
All orders and these Terms shall be governed by the laws of Mexico City, Mexico, without regard to its conflict-of-laws principles.
15.2 Jurisdiction:
JOEL ESCALONA STUDIO may, at its sole discretion, commence legal action in any jurisdiction where the Buyer does business or maintains assets.
16 — Severability
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that best reflects the original intent.
17 — Force Majeure
In addition to Section 7.2, JOEL ESCALONA STUDIO shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, or pandemics.
18 — No Implied Waiver of Rights
No failure by JOEL ESCALONA STUDIO to enforce any right or provision of these Terms shall constitute a waiver of that right or provision.
By placing an order and submitting payment, the Buyer acknowledges that they have read, understood, and agree to these Terms and Conditions of Sale.