TERMS & CONDITIONS

JOEL ESCALONA STUDIO Terms and Conditions of Sale

Introduction
By placing an order with JOEL ESCALONA STUDIO, the Buyer agrees to these Terms and Conditions of Sale. These Terms, together with the written Order Confirmation issued by JOEL ESCALONA STUDIO, constitute the entire agreement governing the sale of Products. Any additional or conflicting terms proposed by the Buyer are rejected unless expressly accepted in writing by JOEL ESCALONA STUDIO.

Definitions
Buyer means the person or entity purchasing Products from JOEL ESCALONA STUDIO.
Products means furniture, artistic pieces, and related items manufactured or sold by JOEL ESCALONA STUDIO.
Order Confirmation means the written acceptance issued by JOEL ESCALONA STUDIO specifying Products, pricing, and applicable terms.

Order Placement and Acceptance
All purchase orders must be submitted in writing and include specifications, quantities, delivery address, shipping instructions, and contact details.
No order is binding until JOEL ESCALONA STUDIO issues a written Order Confirmation from Mexico City. JOEL ESCALONA STUDIO may accept or reject any order in whole or in part. Partial acceptance does not obligate acceptance of the remainder.
Once an Order Confirmation is issued, the order is final and may not be canceled or modified except as expressly permitted in these Terms.

Title Retention
Title to the Products remains with JOEL ESCALONA STUDIO until full payment has been received. Risk of loss transfers in accordance with the Shipping and Risk of Loss section.

Design Representation and Approval
Images in catalogs, website, or marketing materials may be digital representations. Variations in proportion, grain, tone, or finish resulting from natural materials and artisanal processes are normal and do not constitute defects.
JOEL ESCALONA STUDIO will provide a technical drawing for approval. The Buyer must confirm approval in writing within five calendar days. In the absence of response, production may proceed. Failure to review constitutes acceptance.
After written approval of drawings, dimensional or proportional claims are waived.

Materials and Solid Wood Behavior
Natural variations in color, grain, texture, and patina are inherent characteristics and are not defects.
Solid wood is a hygroscopic material and may expand, contract, develop surface checks, minor cracks, or joint separation due to changes in humidity and temperature. These reactions may occur after delivery and are not structural defects unless the Product becomes unsafe for normal residential use.

Buyer Environmental Responsibility
The Buyer is solely responsible for maintaining appropriate environmental conditions. Indoor relative humidity between 40 percent and 60 percent is recommended. Extreme dryness, excessive heat, direct sunlight, or uncontrolled air conditioning should be avoided.
Damage resulting from improper environmental conditions is excluded from warranty coverage.

Customization and Special Orders
Custom or special material orders may involve additional fees and extended lead times. Exact matches of tones or materials cannot be guaranteed. Custom and special orders are non cancelable once accepted.

Monolithic Construction and Site Access
Certain Products are manufactured as single solid structures and are not designed to be disassembled. This will be stated in the Order Confirmation where applicable.
Delivery is curbside or exterior door only unless otherwise agreed in writing. It does not include interior placement, uncrating, assembly, installation, stair transport, elevator handling, rigging, crane services, or maneuvering within the property.
The Buyer is responsible for verifying access conditions, door dimensions, corridor widths, stair clearance, elevator capacity, and structural conditions prior to ordering. JOEL ESCALONA STUDIO is not liable for costs or damages arising from site access limitations.

Pricing and Payment
Prices are those stated in the Order Confirmation. They exclude taxes, duties, storage, insurance, freight, installation, and ancillary charges unless expressly included.
Unless credit is approved, full payment is required as a 100 percent deposit.
Overdue balances accrue interest at 1.5 percent per month.
The Buyer shall not initiate chargebacks without prior written notice and opportunity to resolve the matter. Unauthorized chargebacks constitute breach of contract.

Taxes and Import Duties
The Buyer is responsible for all taxes, customs duties, brokerage fees, and governmental charges related to sale or importation.
If such charges are billed to JOEL ESCALONA STUDIO by the carrier, the Buyer must reimburse them upon presentation of documentation.

Production and Timelines
Production and delivery dates are estimates only. JOEL ESCALONA STUDIO is not liable for delays and the Buyer waives claims arising from estimated timelines.

Force Majeure
JOEL ESCALONA STUDIO is not liable for delay or failure caused by events beyond reasonable control including natural disasters, labor disputes, governmental actions, or transportation interruptions.

Shipping and Risk of Loss
JOEL ESCALONA STUDIO arranges shipment through independent carriers. The carrier is not its agent.
Risk of loss transfers once Products leave the facility and are delivered to the carrier.
If delivery is not accepted, Products may be placed in storage at the Buyer’s expense. Such transfer constitutes delivery for invoicing and risk purposes.

Inspection and Claims
The Buyer must inspect Products immediately upon delivery and note any damage or discrepancy on the carrier’s receipt.
Claims must be submitted in writing within three calendar days of delivery and must include detailed photographs of packaging as received, the wrapped Product, and the unwrapped Product.
Failure to provide timely written notice constitutes irrevocable acceptance.
JOEL ESCALONA STUDIO may assist in carrier claims but does not guarantee outcomes or updates. If the carrier approves a claim, JOEL ESCALONA STUDIO will produce a replacement. If not approved, JOEL ESCALONA STUDIO is not obligated to replace or repair at its expense.

Returns
Returns require prior written authorization. Unauthorized returns will be refused.
Standard items, if approved for return, are subject to a 50 percent restocking fee. Custom and special orders are not returnable.
Return shipping must be prepaid by the Buyer. Risk of loss during return transit remains with the Buyer. Damage during return may reduce or eliminate any refund.

Limited Warranty
Products are warranted against defects in workmanship only for two months from shipment under normal residential indoor use and proper environmental conditions.
Exclusions include natural wear, humidity related movement, checking, joint separation, dimensional change, misuse, improper storage, improper installation, environmental exposure, commercial use unless approved in writing, and sourced components.
Warranty claims must be submitted in writing within five calendar days of discovery.

Exclusive Remedy and Limitation of Liability
The sole remedy for any claim is, at JOEL ESCALONA STUDIO’s discretion, repair, replacement, or refund of the purchase price of the affected Product.
Refunds shall not exceed the amount actually paid for the Product and exclude freight, duties, taxes, installation, or ancillary costs.
NONO’s total cumulative liability shall not exceed the amount paid for the specific Product giving rise to the claim. JOEL ESCALONA STUDIO is not liable for indirect, incidental, special, or consequential damages including lost profits or loss of use.
Any refund issued constitutes full and final settlement of the claim. Upon acceptance, the Buyer waives further claims arising from the same matter.

Indemnification
The Buyer shall indemnify JOEL ESCALONA STUDIO against claims arising from improper installation, modification, resale, or misuse.

Intellectual Property
All designs, drawings, and models remain the exclusive property of JOEL ESCALONA STUDIO.
Reproduction, reverse engineering, or manufacturing without written consent is prohibited. Catalogs and price lists are confidential.

Limitation Period
Any legal action must be initiated within twelve months of shipment.

No Third Party Beneficiaries
These Terms do not confer rights on third parties.

Attorney Fees
The prevailing party in any dispute is entitled to recover reasonable legal fees and costs.

Governing Law and Jurisdiction
These Terms are governed by the laws of Mexico City.
The parties submit to the exclusive jurisdiction of the courts of Mexico City.

Severability
If any provision is invalid, the remaining provisions remain in effect.

No Waiver
Failure to enforce any provision does not constitute waiver.

Acceptance
By placing an order and submitting payment, the Buyer acknowledges acceptance of these Terms.