Last updated: August 3, 2023
Unless otherwise indicated, this Site and its content are owned and controlled by The Chelle Co, LLC.
INTERPRETATION AND DEFINITIONS
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Company (also referred to as either "we", "us", “I”, “my”, "our", or “Designer” in this Agreement) refers to The Chelle Co, LLC.
Content means any content added to a Site. Content includes photos, images, audio files, text, files, listings, postings, messages, or other materials.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Site.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Individual (also referred to as "you") means the Individual accessing or using the Service, or other legal entity on behalf of which such Individual is accessing or using the Service, as applicable.
LIMITATION OF LIABILITY
We make no warranties or representations about the accuracy or completeness of the Site’s Content or the content of any websites linked to the Site and we accept no liability or responsibility whatsoever for any (1) errors, mistakes, or inaccuracies of content and materials (2) any personal injury, loss or damage howsoever arising, resulting from your access to and use of the Site (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Our Site, Programs, Products, and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Site, Programs, Products, and Services, and you alone are solely and personally responsible for your results. You agree to use your own due diligence and judgment before applying any recommendation or advice that you may receive on or through our Website, Programs, Products and Services. You acknowledge that you take full responsibility for your health, life and well-being and for all decisions now and in the future.
References or links in my Website to the information, opinions, advice, programs, products, or services of any other individual, business or entity does not constitute my formal endorsement. I am merely sharing this information as a self-help resource only. I am not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced on my Site. Conversely, should my Website link appear in any other individual’s, business’s or entity’s website, program, product, or services, it does not constitute my formal endorsement of them, their business or their website in any way.
Customers pay with their PayPal account or with credit/debit cards. The Chelle Co, LLC accepts most major credit cards (MasterCard, Visa, American Express, & Discover).
Gift cards, if applicable, are redeemable for The Chelle Co, LLC goods and services not exceeding the remaining credit balance on the card. This gift card is not exchangeable for cash.
IMAGE USE & CONTENT PERMISSION
We are thrilled and grateful that you may want to share your love for our work, products, and/or services. If you do use images from our site or from our social media pages, please credit us! Feel free to include our hashtags (#TheChelleCo #RaZinStandards), and we may feature your images on our social media platforms.
eDESIGN SERVICE - USAGE
eDesign is a virtual design service only. All recommendations made are solely suggestions to enhance the look and feel of the space and are not intended to be used as construction plans. If construction will be taking place, you are advised to retain the help of a licensed contractor.
The floor plans and 3D visuals produced are conceptual for representational purposes only and subject to variances. Due to the nature of the programs used, colors may vary slightly. Visuals are best used for inspiration on style, décor, organization, and furnishings. Any structural changes such as wall removal, custom built-in furniture or room modifications will be included in the 3D visuals if requested by the Client(s) but are conceptual visuals only. Double-check measurements, product descriptions, and feasibility for suggested furnishings and modifications before purchasing and/or constructing.
The Chelle Co, LLC, the Designer, shall not include undertaking for the design or modification of any heating, air conditioning, plumbing, electrical, ventilation, and other mechanical systems installed or to be installed at the Project Site, the property referenced in the eDesign. The Designer will not be responsible for:
The means, methods or procedures of construction fabrication, delivery and installation, or safety precautions in connection with the eDesign project
The acts or omissions of the contractor or any subcontractor, supplier, or other person performing the work on the eDesign project.
Any failure of contractors to meet any schedules or completion dates
The Designer cannot be held responsible for arranging repairs, replacements, and/or freight claims for purchases made in conjunction with recommendations for eDesign projects. The Client understands that prices and/or availability of merchandise listed in the visuals or documentation may be subject to fluctuation after the final eDesign package is delivered. If merchandise listed in the visuals or documentation becomes unavailable or discontinued within 7 business days from the date the final eDesign package is delivered, the Designer will source a replacement item of a similar aesthetic and price at no additional cost. Fixed prices or long term availability of merchandise listed in the Client’s visuals or documentation cannot be guaranteed. After the referenced 7 business days has passed, additional merchandise changes to the visuals or documentation can be invoiced upon request for a separate fee.
The Designer has no role in the construction, oversight, or otherwise in the implementation of any item of work on the Project Site detailed in the eDesign visuals and/or documentation.
Client agrees to correspond strictly through email communication with the exception of any agreed upon phone/video calls or onsite visits. Client understands that the Designer's typical email response time is within 1-2 business days. Email responses during the weekend are not guaranteed.
All eDesign Packages have an Official Start Date. The Official Start Date is defined as the date the package is purchased unless otherwise stated on the package web page. Upon the project Official Start Date (during the design consultation phase), the Client agrees to provide the information required to begin the eDesign process. The required information includes a completed Design Style Survey, responses to the emailed questionnaire, and photos/dimensions of the proposed space (per the measurement guidelines provided).
From the day of the project Official Start Date, the Client has 20 business days to provide the requested information needed to begin the eDesign process (referenced in line 6). If more time is needed to provide the required information, a request for an extension must be made in writing and approved by the Designer. Production of your design package will not begin until this service agreement is signed, all requested items are provided, and the project Official Start Date has occurred.
If a virtual kick-off meeting is included with an eDesign purchase, production of the design package will also begin after the meeting has occurred.
The existing and/or proposed conditions of a property in the eDesign visuals or documentation, including but not limited to the dimensions of exterior walls, windows, and doors, shall be interpreted as approximate only. All existing or proposed dimensions on drawings and visuals must be checked and verified by a licensed contractor before the preparation of any shop drawings or commencement of any item of work at the project site.
In the event that the Designer is performing an Onsite Consultation at the Project Site, reasonable access to the premises will be required for the designer to perform the agreed upon work. If applicable, the Client understands that the peace and privacy of the Project Site may be disrupted for the time required to perform the work. This includes but is not limited to: taking various photographs and measurements in several different rooms/spaces at the Project Site.
Client acknowledges that eDesign visuals, including but not limited to the Concept Design, Shopping List, Implementation Plan, or Notes, may include written materials or documentation that describe, or support concepts, ideas, instructions, samples, photographs, drawings, and schematics, all of which may be subject to copyright, patent, trademark, right(s) of publicity and/or attribution rights (collectively, “Proprietary Rights”). The Chelle Co, LLC hereby reserves all right, title and interest in and to such Proprietary Rights, whether registered or registerable, patented or patentable. Client agrees to not challenge the validity or enforceability of Designer’s Proprietary Rights.
All of the eDesign visuals and documents that are prepared by The Chelle Co are owned by the Designer and will be the Designer’s exclusive property at all times. The Designer will retain all intellectual property rights and proprietary rights, including copyrights and trademarks, in and to these documents along with all rights to display or sell such visuals. The Client shall not copy, distribute, publish, sell, resell, make eDesign visuals available to any third party, or exploit the eDesign visuals for any commercial purposes without Designer’s express written permission. Under no circumstances shall Client alter or remove, efface or obscure any trademarks, labels or other proprietary notices, except with Designer’s express written permission. Upon completion of the eDesign visual, Client shall have the unlimited right to the quiet use and enjoyment of the results and proceeds of the eDesign visuals produced and any Proprietary Rights embodied therein upon completion of the visuals by Designer.
For any eDesign Package floor plans/visuals produced for the specific purpose of promotional content, a license will be provided to the Client along with the final deliverable granting the Client a non transferable, non-exclusive, royalty-free license of floor plans/visuals produced. Where conflicts exist between this service agreement and the license provided, the license shall govern.
Client content provided, including photos of their space, shall remain the sole property of Client. If permission is given by Client, the Designer will utilize the photos provided for promotional purposes online and/or on social channels to showcase the Before and After of the room. This includes complete privacy, ensuring that no identifying details about the home or its owners are shared
REVISIONS AND/OR REFUND - E-DESIGN SERVICES
Our goal is to offer the best experience to you through our eDesign and Floor Plan Services. If needed, several of our A La Carte packages offer an opportunity to request a round of changes to your visuals after receiving them at no additional cost.
If applicable, after receiving your Final Design visuals, 1 round of revisions may be requested at no additional cost within the free Revision Window. The free Revision Window is within 7 business days from the date the final eDesign visual is delivered. A “round” of revisions is defined as the allotted number of changes made to an eDesign before the updated visual is sent back to you. The allotted number of changes is detailed in the corresponding eDesign package description. After the free Revision Window has passed (if applicable), rounds of revisions can be invoiced upon request for a separate fee.
For the Concept Mini eDesign Package, rounds of revisions can be invoiced upon request for a separate fee. All requests for improvements to the space shall be made either during the initial email consultation or after the final visuals are received. For Standard and Premium packages, 1 round of revisions is included.
For packages that include an annotated Conceptual Design document (Concept Design), the Client has a 7 business day Review Window to provide feedback and/or approval of the Concept Design. If more time is needed to review, a request for an extension must be made in writing and approved by the Designer. If, after 7 business days, the Client does not request a revision, request for an extension of time, or approve the Concept Design, the Designer reserves the right to continue with the completion of the service and deliver the Final Design visuals “as is.” The item list, design tips, and visuals will include the most recent suggested elements detailed in the Concept Design.
Please know, the virtual consultation fee is non-refundable. If needed, the Client may reschedule the appointment if they have notified the Designer no later than 24 hours of the scheduled appointment time.
The client understands that the eDesign service becomes non-fundable 7 days after the project Official Start Date and/or when the service agreement is confirmed, whichever occurs first. Due to transfers and taxes, if an eDesign package is refunded within 7 days of the Official Start Date, the refund amount will be the initial paid amount excluding any processing fees and taxes.
The client can terminate the service at any time by notifying the designer in writing. However, if the service termination is requested outside of the refund period or after the service agreement is confirmed, the service will be non-refundable.
The designer can terminate the service at any time by notifying the client, in writing. If the designer terminates the service at any time or for any reason, the service will be 100% refunded except if the service cancellation was due to any of the following reasons:
The required information is not received within 20 business business days of the purchase date.
If the information regarding the proposed space has not been provided within 20 business days without an approved extension, the service will be canceled. In this instance, a partial refund of up to 75% of the may be granted at the Designer’s discretion.
Invoice payment(s), if applicable, are not paid by the specified payment deadline.
Discrimination on the basis of race, color, religion, national origin or sex.
Discrimination will result in the immediate termination of the eDesign process and an eDesign payment(s) received will become non refundable.
Hate speech, and/or violence
Hate speech and for violence will result in the immediate termination of the eDesign process and payments received will become non refundable