Lox Den

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TERMS OF SALE

These Terms and Conditions shall apply to all sales purchased from Lox Den. By purchasing or placing an order with Lox Den, you are agreeing to the following terms and conditions. Lox Den LLC reserves the right to change these terms and conditions hereof at any time and Buyer agrees to these changes:

These Terms and Conditions (“Terms”) apply to all purchases from Lox Den LLC (“Seller”). By placing an order or submitting payment, the Buyer agrees to be bound by these Terms. Seller reserves the right to update these Terms at any time. The most current version shall apply to all existing and future orders.

  1. DEFINITIONS

In this document the following words shall have the following meanings:

  • “Buyer” means the person or entity who purchases Goods.
  • “Seller” refers to Lox Den LLC.
  • “Goods” means the product to be supplied to the Buyer by the Seller.
  1. GENERAL

These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered, or relied on by the Buyer, whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by both parties.

The Buyer acknowledges and agrees that these Terms are subject to change at the discretion of Lox Den LLC. By purchasing from Lox Den, the Buyer consents to any future modifications to these Terms and agrees to abide by the most current version, as available on the Lox Den website.

III. PAYMENT

  1. General Payment Terms
  • Payment in full to the Seller is required prior to the release, shipment, or delivery of the Goods to the Buyer, unless otherwise agreed in writing by both parties.
  • No Goods shall be considered released or title transferred until all outstanding balances, including applicable taxes, duties, storage, handling, and shipping fees, have been paid in full.
  • Deposits made to initiate production are non-refundable unless otherwise agreed in writing. Partial payment does not entitle the Buyer to receipt or possession of any Goods.
  • A 3.5% processing fee will be applied to all payments made by or on behalf of the Buyer, including but not limited to payments for Goods, services, duties, tariffs, or any related costs.
  1. Delivery Prior to Full Payment

In the event Goods are delivered, installed, or otherwise transferred to the Buyer prior to full payment, the Buyer acknowledges and agrees that:

  • Title to the Goods remains with the Seller until payment is received in full.
  • Possession of the Goods by the Buyer does not release the Buyer from their payment obligations.
  • All outstanding balances remain due and enforceable, regardless of delivery status.
  1. Remedies for Non-Payment

Failure to remit payment in accordance with these Terms may result in:

  • Cancellation of the order
  • Application of late fees or penalties
  • Legal or equitable action to recover outstanding amounts
  • Repossession of the Goods, as described in Section IV
  • Reimbursement by the Buyer for all associated costs, including but not limited to legal fees, transportation, labor, and storage
  • A 3.5% processing fee applied to any amounts recovered as part of such enforcement
  1. PRODUCT

Where a sample of the Goods is shown, the parties accept that such sample is representative in nature and may not match the final product, which may differ as a result of the custom production process.

All products are handmade, resulting in one-of-a-kind custom pieces. No two items will be identical and may not match listing images.

Lead times are estimates only and not guaranteed. They do not include shipping time.

Custom orders vary in production time. Production times are not guaranteed and rush orders may limit options or introduce constraints.

All requests (e.g., samples, modifications) may impact the finish date.

Title to all Goods shall remain with the Seller until payment is received in full.

Any accommodations or concessions made by the Seller in response to production or shipping delays shall be made solely at the Seller’s discretion and do not constitute liability, modification of the contract, or waiver of rights.

In the event of non-payment, Seller may reclaim the Goods without notice, and Buyer agrees to cover all related recovery costs including legal fees, transportation, and storage.

  1. DELIVERY
  • Unless otherwise agreed in writing, delivery shall take place at the shipping address listed on the invoice.
  • Goods are fulfilled by third-party carriers. Seller is not responsible for shipping delays, damages, or service failures.
  • Buyer must coordinate to accept delivery. If delivery is delayed due to Buyer-related issues, the Seller may store the Goods and the Buyer will be responsible for storage fees and reshipment charges.
  • Items stored for more than 90 days shall be considered abandoned property unless otherwise agreed in writing.
  • Once the Buyer has approved delivery, shipping costs are non-refundable. Refused deliveries remain the responsibility of the Buyer.
  • Goods must be inspected upon receipt. Any shipping damage must be reported to the Seller within 48 hours. Production defects must be reported within 48 hours of receipt.
  • Failure to report damages within the stated window may void insurance and result in repair charges.
  • The Seller is not liable for damages caused during delivery or installation. Buyer must seek remedy from the shipping company or third party.
  • All international shipments are subject to duties, tariffs, and clearance fees, which are the responsibility of the Buyer. These fees may not be calculated in advance. Any amounts covered by the Seller on behalf of the Buyer will be invoiced and subject to a 3.5% processing fee and a 3.5% daily delinquency fee beginning 7 days from the invoice date.
  1. RISK

Risk in the Goods shall pass to the Buyer upon receipt. For Buyer pickups, risk transfers when the Goods are set aside or handed over.

VII. TITLE

Title to all goods shall remain with the Seller until payment has been received in full. Risk of loss or damage shall transfer to the Buyer upon delivery to the Buyer or their designated receiver. For custom and made-to-order items, all sales are final and non-cancellable once production has commenced.

Any concessions, accommodations, or gestures of goodwill extended by the Seller—including but not limited to discounts, expedited shipping, or alternate delivery arrangements—are made solely at the Seller’s discretion and shall not be construed as an admission of liability, a waiver of any provision of this agreement, or a modification of the rights and obligations of either party. Such actions shall not establish any precedent for future transactions.

The Seller shall not be liable for any direct, indirect, incidental, or consequential damages resulting from delays in production, fabrication, shipping, customs clearance, or installation, including delays caused by third-party fabricators, subcontractors, or shipping providers. Estimated lead times are non-binding and subject to change.

In the event of non-payment or failure to satisfy the balance due in full, the Seller reserves the right, without further notice, to reclaim the goods from the Buyer’s project site or any location where the goods are held. The Buyer agrees to fully indemnify, defend, and hold harmless the Seller from and against any and all claims, liabilities, damages, losses, costs, and expenses (including but not limited to legal fees, labor, storage, and transportation) incurred in connection with the enforcement of this remedy or the recovery of unpaid goods.

By placing an order, the Buyer affirms that they understand and accept these terms in full, including all limitations of liability and remedies described herein.

VIII. RETURNS

Due to the custom and handmade nature of the Goods, all orders are final and non-refundable. No returns or cancellations will be accepted once production has begun. Refunds are only considered within 24 hours of payment and must be requested in writing.

  1. IMAGERY AND USAGE RIGHTS

By purchasing a piece from Lox Den, the Buyer grants the Seller the perpetual, irrevocable right to use, reproduce, display, and distribute images of the purchased piece for marketing, editorial, and promotional purposes. Buyer agrees to indemnify the Seller from any third-party claims relating to such use.

  1. FORCE MAJEURE

The Seller shall not be liable for delays or failure to perform due to events beyond its control, including but not limited to acts of God, changes in law, pandemics, labor disputes, material shortages, or shipping disruptions. Obligations shall be extended for up to two years. Thereafter, Seller may cancel the order and issue a refund of any deposit less costs already incurred.

  1. SEVERABILITY

If any provision of these Terms is found invalid, the remaining provisions shall remain in full force and effect.

XII. GOVERNING LAW

These Terms shall be governed by the laws of the State of New York. Disputes shall be resolved exclusively in the courts of New York County.

XIII. INDEMNIFICATION

Buyer agrees to indemnify and hold harmless the Seller, its owners, employees, and agents from any claims, damages, losses, or liabilities arising from the Buyer’s use, resale, or installation of the Goods.

By placing an order, the Buyer affirms that they understand and accept these terms in full, including all limitations of liability and remedies described herein.