Uhuru Design, LLC Privacy Policy

Last Revised: 11.18.20

Downloadable Privacy Policy (pdf) here 

Your privacy is important to Uhuru Design, LLC (“Uhuru Design,” “Company,” “we,” “us,” and “our”) and we will only use your information as permitted by this Website Privacy Policy (“Privacy Policy” or “Policy”). This Privacy Policy should be read in conjunction with our Website Terms of Use, into which this Privacy Policy is incorporated by references. 

Our Privacy Policy provides you with:

• The types of information we collect from you or that you may provide when you visit our website available at http://www.uhurudesign.com, as well as any websites and blogs directly owned by Uhuru Design (collectively, our “Website’). 
  
  
• details on what information we collect, how and when we share that information and your options as for sharing your information. 

This Policy applies to information we collect on this Website or in emails and other electronic messages between you and this Website, and information gathered when you interact with our advertising on third-party websites if such advertisements include links to this Policy. 

This Policy does not apply to information collected by us offline or through any other means, including on any other website operated by the Company or any third party, or information collected by any third party through any application or content (including advertising) that may link to or be accessible from the Website (for further information, see below, “What about privacy on other sites?”).

Please read this Policy carefully to understand our practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, then please do not use our Website.  By using our Website, you agree to the terms of our Privacy Policy. This Policy may change from time to time (see below, “Privacy Policy Changes”).  Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

What information do we collect and how do we use it? 

To ensure that we provide you with the best possible experience, we will store, use, and share information about you in accordance with this Policy. 

Information You Provide to Us

We may collect personally identifiable information from you when you voluntarily submit the information to us when you use our Website. Personally identifiable information is any information that can be used to individually identify you from a larger group, such as data including, but not limited to, your:

• First and last name;
• Email address;
• Mailing address;
• Telephone number; 
• Credit card number;
• Comments or messages provided in free text boxes;
• Documents you upload through the Website.

We need this information in order to process and fulfill your order and to notify you of your order status, in order to register you as a user of this site or to provide you with services. We may also collect personally identifiable information from you if you choose to subscribe to our email program or enter the information in connection with content or suggestions you post on this Website.

The information that you provide in each case will vary.  In some cases, you may be able to provide personally identifiable information via email or free text boxes, such as contacting the Uhuru Design to request further information.  When providing your personally identifiable information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers, credit card information or other sensitive personal data.  Uhuru Design will neither process nor store any credit card information that you submit to the Website.  Any credit card information that you provide to the Website will be processed and stored by a trusted third-party, PCI-DSS compliant, credit card processor.

Additionally, we may ask you to create a username and password that should only be known to you. 

Automated Information Collection

In addition to the information that you provide to us, we may also collect information about you during your visit to our Website.  We collect this information using automated tools that are detailed below.  These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages you have viewed, and the actions you have taken while using the Website.  Some of the tools we use to automatically collect information about you may include:

(a) Cookies.  A “cookie” is a small data file transmitted from a website to your device’s hard drive.  Cookies are usually defined in one of two ways, and we may use either (or both) of them:

(1) session cookies, which do not stay on your device after you close your browser, and

(2) persistent cookies, which remain on your device until you delete them or they expire. 

We use the following categories of cookies on our Website.

• Strictly Necessary Cookies.  These cookies are essential in order to enable you to move around the Website and use its features. Without these cookies, services you have requested, such as maintaining a record of your purchased items (e.g. a shopping cart), cannot be provided.
  
  
• Performance Cookies.  These cookies collect anonymous information on how you use our Website to help us understand how you arrive at our Website, browse or use our Website and highlight areas where we can improve, such as navigation. The data stored by these cookies never shows personal details from which your individual identity can be established.
  
  
• Functionality Cookies.  These cookies remember choices you make such as the country from which you visit our Website, your preferred language, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your visits to our Website more tailored to your preferences. The information in these cookies may be anonymized.  These cookies cannot track your browsing activity on other websites.
  
  
• Targeting Cookies or Advertising Cookies. These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign.  The cookies are usually placed by third-party advertising networks.  These cookies remember the websites you visit and that information is shared with other parties such as advertisers. 

Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings.  However, by disabling cookies on your device, you may be prohibited from full use of the Website’s features or lose access to some functionality.

(b) Google Analytics. The Website sends aggregated, non-personally identifiable information to Google Analytics for the purpose of providing us with the ability to conduct technical and statistical analysis on the Website’s performance.  For more information on how Google Analytics supports the Website and uses information sent from the Website, please review Google’s privacy policy available at https://policies.google.com/technologies/partner-sites.

 
(c) Web Beacons.  A Web Beacon is an electronic image.  Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior.  If you choose to receive emails from us, we may use Web Beacons to track your reaction to our emails.  We may also use them to track if you click on the links and at what time and date you do so.  Some of the third-party marketers we engage with may use Web Beacons to track your interaction with online advertising banners on our Website.  This information is only collected in aggregate form and will not be linked to your personally identifiable information.  Please note that any image file on a webpage can act as a Web Beacon.

(d)  Embedded Web Links.  Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link.  The tracking is accomplished through a redirection system.  The redirection system allows us to understand how the link is being used by email recipients.  Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the personally identifiable information that we hold about you.  This data is used to improve our service to you and to help us understand the performance of our marketing campaigns. 

(e) Third-party Websites and Services.  We work with a number of service providers of marketing communications technology.  These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide.  The information collected can be gathered on our Website and also on the websites where our marketing communications are appearing.  For example, we may collect data where our banner advertisements are displayed on third-party websites.

Choices for Opt-in and Opt-out

We and/or our third party marketing partners may contact you and market to you, including by mail, Internet connection, telephone, fax or mail, consistent with this Privacy Policy. However, in each of our email marketing communications, we will allow you to opt out of future email marketing communications. We will attempt to require third parties with whom we share your information to also allow you to opt out of future email marketing communications. Participation in certain programs will require you to accept email communications regarding the program itself. We will also attempt to prohibit our vendors and marketing partners from using your information in a manner inconsistent with this Privacy Policy. You may opt-out of receiving email communications by clicking the “Unsubscribe” link at the bottom of the email message received. It may take us up to ten days to complete this process, as permitted by law.

Any such communications you receive from us will be administered in accordance with your preferences and this Policy.

Accuracy and Access to Your Personally Identifiable Information

We strive to maintain and process your information accurately.  We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements.  We employ technologies designed to help us maintain information accuracy on input and processing. 

Where we can provide you access to your personally identifiable information in our possession, we will always ask you for a username and password to help protect your privacy and security.  We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it.  

To view and change the personally identifiable information that you have provided to us, you can log in to your account and follow the instructions on that webpage, or contact us directly for assistance.

How We Use Your Information

The information we gather and that you provide is collected to provide you information and the services you request, in addition to various other purposes, including, but not limited to: 

• Assisting you with items such as personalized experiences, facilitation of product usage, and enforcement of the Terms of Use.   
• Preventing malicious activity and providing you with a secure experience.  
• Providing service and support for services you request.
• Providing marketing communications that are effective and optimized for you. 
• Keeping you up-to-date with the latest benefits available from us.
• Preventing unwanted messages or content.
• Measuring the performance of our marketing programs.

Contacting you about services and offers that are relevant to you. 

How We Share Your Information

We do not sell or lease your personally identifiable information to any third party.  We may disclose your personally identifiable information to our trusted third-party business partners in accordance with this Policy. We work with a number of partners that help us process your requests, deliver customer service and support, send email marketing communications, and provide experiences that you have come to expect from us.  We will share your personally identifiable information with these third parties in order to fulfill the service that they provide to us.  These third-party partners are under contract to keep your personally identifiable information secure and not to use it for any reason other than to fulfill the service we have requested from them.  

For example, trusted third-party partners such as Oracle NetSuite, Shopify and Citrix Podio host aspects of the Website, and as a result, the Website may share your personally identifiable information with these trusted third-party partners.  In addition, the Website utilizes various EDI plugins and participates in partner referral programs. To learn more about Shopify, its services, and how it may support your personally identifiable information, please visit https://www.shopify.com/legal/privacy.  Likewise, to learn more about Citrix Podio, its services, and how it may support your personally identifiable information, please visit https://www.citrix.com/about/legal/privacy/.  To learn about Oracle NetSuite, and the range of services we may engage with now, or in the future, please visit https://www.oracle.com/legal/privacy/.  

Except as described in this Policy, we will not share your information with third parties without your notice and consent, unless it is under one of the following circumstances:  

• Responding to duly authorized information requests from law enforcement or other governmental authorities.
• Complying with any law, regulations, subpoena, or court order.
• Investigating and helping prevent security threats, fraud, or other malicious activity.
• Enforcing or protecting the rights and properties of Uhuru Design or its subsidiaries. 
• Protecting the rights or personal safety of Uhuru Design’s employees.

There are circumstances where the Uhuru Design may decide to buy, sell, or reorganize its business in selected countries.  Under these circumstances, it may be necessary to share or receive personally identifiable information with prospective or actual partners or affiliates. In such circumstances, the Uhuru Design will ensure your information is used in accordance with this Policy.

Security

We take every precaution to protect our customers’ information. When customers submit sensitive information via the Website, your information is protected both online and off-line.

We use reasonable technical, administrative, and physical safeguards in order to protect your personally identifiable information against accidental loss and from unauthorized access, use, alteration, and disclosure.  However, we can never promise 100% security.  You have a responsibility, as well, to safeguard your information through the proper use and security of any online credentials used to access your personally identifiable information, such as a username and password.  If you believe your credentials have been compromised, please change your password. Please also notify us of any unauthorized use.

If you have any questions about the security at our website, please contact us using the information below in the Contact Information section.

What about privacy on other sites?

Our Website may contain links to other web sites. We provide these links for your convenience, but we do not review, control or monitor the privacy practices of web sites operated by others. Our Website may link to third-party websites and services, but these links are not endorsements of these sites, and this Policy does not extend to them. We are not responsible for the performance of these sites or for your business dealings with them. Your use of other web sites is subject to the terms and conditions of those web sites, including the privacy policies of those web sites.

If you are visiting our Web site through a link from another web site or search engine, information about your visit to us may be collected by the provider of the other web site or search engine. We encourage you to review the privacy policies of these other web sites or search engines.

Privacy Policy Changes

We may change this Privacy Policy at any time. If we make any changes to this Policy, a revised Policy will be posted on this webpage and the date of the change will be reported in the “Updated” block above. You can get to this page from any of our webpages by clicking on the “Privacy Policy” link (usually at the bottom of the screen).

Children’s Privacy

The Web Sites are general audience web sites. We do not knowingly collect any personally identifiable information from children younger than the age of thirteen (13) on the Website and we will delete any personally identifiable information later determined to be from a user younger than thirteen (13). We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet.

California Privacy Rights

Pursuant to California Civil Code Section 1798.83, we will not disclose or share your personally identifiable information with third parties for the purposes of third-party marketing to you without your prior consent. 

Other than as disclosed in this Policy, the Website does not track users over time and across third-party websites to provide targeted advertising.  Therefore, the Website does not operate any differently when it receives Do Not Track (“DNT”) signals from your internet web browser. 

If you are a California consumer, as defined by the California Consumer Privacy Act of 2018, you may be afforded additional rights with respect to your “Personal Information” as that term is explicitly defined under California law.  Any Personal Information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. You may exercise each of your rights as identified below, subject to our verification of your identity. 

Access.  You may email us at info@uhurudesign.com to request a copy of the Personal Information our Website databases currently contain.

Prohibit Data Sharing.  When applicable, you may prohibit the sharing of your Personal Information by submitting a request via email to info@uhurudesign.com. In your email, please explain how you wish us to prohibit the sharing of your Personal Information, and which categories of third parties you want to prohibit from receiving your Personal Information.  When such prohibitions are not possible to provide our services to you, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy.

Portability.  Upon request and when possible, we can provide you with copies of your Personal Information.  You may submit a request via email to info@uhurudesign.com. When such a request cannot be honored, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy.

Deletion.  If you should wish to cease use of our Website and have your Personal Information deleted from our Website, then you may submit a request by emailing us at info@uhurudesign.com. Upon receipt of such a request for deletion, we will confirm receipt and will confirm once your Personal Information has been deleted.  Where applicable, we will ensure such changes are shared with trusted third parties.

We do not sell your Personal Information. If we ever decide to sell Personal Information, we will update you via this Policy and include a link entitled “Do Not Sell My Personal Information,” to provide you with an opportunity to opt out of sales of your Personal Information.

If a California resident exercises his or her rights under California law, including the CCPA, we shall not discriminate against that California resident by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.

For Website Visitors Outside of the United States

We do not warrant or represent this Policy or the Website’s use of your personally identifiable information complies with the laws of any other jurisdiction.  Furthermore, to provide you with our services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours.  Regardless of the country in which such information is stored, we will process your personally identifiable information in accordance with this Policy. 

For Website Visitors in the European Union (“EU”)

Under the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, or “GDPR”), individuals in the EU are afforded specific rights with respect to their Personal Information, or “personal data” as defined under the GDPR.  For the purposes of this Policy, the Company operates as a data controller.  Any personal data we collect from you is processed in the United States and under the terms of this Policy.  

Any personal data we collect from you is processed in the legitimate interest of our business and providing our services to you as the lawful means of such processing.  You may always withdraw your consent to our use of your personal data as described below.  We will only retain your personal data for the time necessary to provide you the information and services to which you have consented, to comply with the law and in accordance with your rights below. 

The Data Controllers are:

NAME:  Uhuru Design, LLC

ADDRESS:  185 Van Dyke Street
        Brooklyn, NY 11231

EMAIL ADDRESS:  info@uhurudesign.com

You can exercise any of the following rights, subject to verification of your identity, by notifying us as described below: 

• Access. You may email us at info@uhurudesign.com to request a copy of the personal data our Website databases currently contain. 
• Automated Processing and Decision-Making.  You may email us at info@uhurudesign.com to request that we stop using your personal data for automated processing, such as profiling.  In your email, please explain how you wish us to restrict automated processing of your personal data.  When such restrictions are not possible, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data.
  
  
• Correction or Rectification. You can correct what personal data our Website database currently contains by accessing your account directly, or by emailing us at info@uhurudesign.com to request that we correct or rectify any personal data that you have provided to us.  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause information to be incorrect. Where applicable, we will ensure such changes are shared with trusted third parties.  
  
  
• Restrict Processing. When applicable, you may restrict the processing of your personal data by submitting a request via email to info@uhurudesign.com.  In your email, please explain how you wish us to restrict processing of your personal data.  When such restrictions are not possible, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.  
  
  
• Object to Processing. When applicable, you have the right to object to the processing of your personal data by submitting a request via email to info@uhurudesign.com.  When such objections are not possible, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.   
  
  
• Portability. Upon request and when possible, we can provide you with copies of your personal data.  You may submit a request via email to info@uhurudesign.com.  When such a request cannot be honored, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy, to include withdrawing your consent.  Where applicable, we will ensure such changes are shared with any trusted third parties.
    
• Withdraw Consent. At any time, you may withdraw your consent to our processing of your personal data through this Website by notifying us via email at info@uhurudesign.com.  Using the same email address associated with your Website account, simply type the words “WITHDRAW CONSENT” in the subject line of your email.  Upon receipt of such a withdrawal of consent, we will confirm receipt and proceed to stop processing your personal data.  Where applicable, we will ensure such changes are shared with trusted third parties.  
  
  
• Erasure. If you should wish to cease use of our Website and have your personal data deleted from our Website, then you may submit a request by emailing us at info@uhurudesign.com.  Upon receipt of such a request for erasure, we will confirm receipt and will confirm once your personal data has been deleted.  Where applicable, we will ensure such changes are shared with trusted third parties.  
  
  
• Submit Complaints or Questions. If you wish to raise a complaint on how we have handled your personal data, you can contact us as described below.  If you reside in a European Union member state, you may also lodge a complaint with the supervisory authority in your country.

Contact Information

If you have questions or comments about our Privacy Policy or Terms and Conditions, please contact us via email at info@uhurudesign.com.

Uhuru Design, LLC Terms of Use

Last Revised:  11.18.20

Downloadable Terms of Use (pdf) here

The website located at https://www.uhurudesign.com/ (the “Website”) are published, owned, and operated by Uhuru Design, LLC, its affiliates and related entities (“Uhuru Design,” “Uhuru Design,” “we,” “us,” and “our”).  These Terms of Use (the “Terms”) govern your access to and use of the Website.  

By accessing, browsing, submitting information to and/or using the Website, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the Website.

Purpose of the Website.  The Website are provided solely for informational purposes and the purposes of enabling communication between you and Uhuru Design. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services. 

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time.  Any reliance you place on such information is strictly at your own risk. Uhuru Design disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Website, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by Uhuru Design through the Website shall be handled in accordance with the Website’s Privacy Policy, which is hereby incorporated by reference.

Use of the Website.  Uhuru Design grants you a non-exclusive right to access and use the Website and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Website shall be limited to non-commercial purposes unless you are otherwise expressly authorized by Uhuru Design to use the Website for commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with applicable laws.

User Account Responsibility.  If you are given or create a password to access the Website, you are responsible for maintaining the confidentiality of your account and your password.  You are responsible for all activities that occur under your account and you agree to notify Uhuru Design immediately of any unauthorized use of your account.  Uhuru Design is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Prohibited Uses.  You agree that you will not:

• Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of them;
  
  
• Attempt to gain unauthorized access to any Website account, computer systems or networks associated with Uhuru Design or the Website;
  
  
• Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by Uhuru Design;
  
  
• Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  
  
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  
  
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  
  
• Impersonate or attempt to impersonate Uhuru Design, an Uhuru Design employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Third Party Sites.  The Website may contain links to websites controlled or operated by persons and companies other than Uhuru Design (“Linked Sites”). Linked Sites are not under the control of Uhuru Design, and Uhuru Design is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Uhuru Design is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site.  Uhuru Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Uhuru Design of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites.  You are solely responsible for any dealings with third parties who support Uhuru Design or are identified in the Website, including any delivery of and payment for goods and services.

Intellectual Property Notices.  The Website and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website or Content in any manner, except as expressly permitted by Uhuru Design in these Terms. The Website or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Uhuru Design or applicable owner. 

Your Content.  Any Content you create or own or to which you have a license and use on the Website is Your Content.  In sharing Your Content on the Website, you warrant and represent you have the legal right to use Your Content and grant Uhuru Design an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Website services as described in these Terms and in any posted policies on the Website. The Website services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our Uhuru Design systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.  

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate.  You further acknowledge that, in the event of any such unauthorized use, Uhuru Design or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.  

Questions regarding the use of any intellectual property provided on the Website should be directed to info@uhurudesign.com

United States Only.  Uhuru Design is based in the state of New York in the United States. Uhuru Design provides this Website for use only by persons located in the United States. We make no claims that the Website or any of its contents are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.

Disclaimer.  All information or services provided by uhuru design to you via the website, including, without limitation, all content, are provided “as is” and “where is” and without any warranties of any kind. Uhuru design and its third-party licensors expressly disclaim all warranties, whether express, implied or statutory, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title and non-infringement. Notwithstanding any provision contained herein to the contrary, uhuru design and its third-party licensors make no representation, warranty or covenant concerning the accuracy, quality, suitability, completeness, sequence, timeliness, security or availability of the website or any content posted on or otherwise accessible via the website. You specifically acknowledge that uhuru design and its third-party licensors are not liable for the defamatory, obscene or unlawful conduct of other third parties or users of the website and that the risk of injury from the foregoing rests entirely with you. Neither uhuru design nor any of its third-party licensors represent, warrant or covenant that the website will be secure, uninterrupted or error-free. Uhuru design further makes no warranty that the website will be free of viruses, worms or trojan horses or that it will function or operate in conjunction with any other product or software. You expressly agree that use of the website is at your sole risk and that uhuru design, its affiliates and their third-party licensors shall not be responsible for any termination, interruption of services, delays, errors, failures of performance, defects, line failures, or omissions associated with the website or your use thereof. Your sole remedy against uhuru design for dissatisfaction with the website or the content is to cease your use of the website and/or the content. Some jurisdictions do not permit the exclusion or limitation of implied warranties, so the above exclusion may not apply to you.  You may have other rights, which vary by jurisdiction.  When the implied warranties are not allowed to be excluded in their entirety, you agree that they will be limited to the greatest extent and shortest duration permitted by law.

Limitation of Liability. Under no circumstances shall uhuru design or any of its third-party licensors be liable to you or to any third party for any direct, indirect, incidental, consequential, punitive, special or exemplary damages (including, without limitation, loss of profits, loss of use, loss of data, loss of information or programs on your data handling system, transaction losses, opportunity costs, interruption of business or costs of procuring substitute goods) resulting from, arising out of or in any way relating to the website, or the data, content or information accessed via the website or any hyperlinked website, or any disruption or delay in the performance of the website, regardless of the form of the claim or action, whether based on contract, tort, strict liability, statute or otherwise, and regardless of whether or not such damages were foreseen, unforeseen or foreseeable, even if uhuru design or its third-party licensors have been advised of the possibility of such damages. By accessing the website subject to these terms of use, you understand that you are waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understood, and hereby expressly waive, the benefits of section 1542 of the civil code of Ccalifornia and any similar law of any state, country or territory, which provides as follows: “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 materially affect his or her settlement with the debtor.”

Indemnity. You agree to defend, indemnify and hold harmless Uhuru Design and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

Termination and Restriction of Access. In its sole discretion, Uhuru Design may terminate or suspend your access to the Website for breach of these Terms. Uhuru Design shall not be liable for any losses or damages arising from any such termination of service.

Arbitration.  At its sole discretion, Uhuru Design may require you to submit any disputes arising from use of the Website, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.  By using the Website, you hereby consent to submission of any dispute to be final and binding arbitration.

Limitation on Time to File Claims.  Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. 

Governing Law & Jurisdiction.  These Terms are governed by the laws of the State of New York, U.S.A.  You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Brooklyn, New York, U.S.A. in all disputes arising out of or relating to the use of the Website.

Changes to these Terms of Use. Uhuru Design may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Uhuru Design. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms.  Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).

General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Uhuru Design as a result of these Terms or use of the Website.  You may not assign these Terms without the prior written consent of Uhuru Design in all instances.  Uhuru Design may assign these Terms, in whole or in part, at any time.  Uhuru Design’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Uhuru Design’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Uhuru Design with respect to such use.  

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.  

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Uhuru Design with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Uhuru Design. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

Uhuru Design Contact Information.  Questions can be directed to Uhuru Design at: info@uhurudesign.com

Downloadable Terms + Conditions of Sale – B2C (pdf)

The order to which this agreement (“Agreement”) relates (“Order”) is valid for thirty (30) days unless otherwise stipulated in writing herein. Quantities, dimensions and fabrication are limited to the information provided by Client. Any changes to scope, quantity, timeline, finish or materials for the project subject to the Order (“Project”) will render the Order invalid, and a new Order will need to be issued. By signing below, Client accepts the prices and specifications in the Order and authorizes Uhuru Design, LLC (“Uhuru”) to execute the Project as outlined in this Agreement. This Agreement is NOT VALID until signed by Client and returned to Uhuru within ten (10) days from the date set forth in the Order. Payment is due upon execution of this Agreement, in accordance with the terms provided in this Agreement.

AGREEMENT

The Client agrees that all previously stated product and service details are correct as are the terms set forth in the attached Order, which, upon Client’s execution below, shall become a binding invoice in accordance with this Agreement (an “Invoice”).  Client accepts and agrees to be bound by the following terms:

Payment Terms: The Invoice is payable as follows: A 50% non-refundable deposit of the full price set forth in the Invoice is due upon Client’s execution of this Agreement. The Project shall not be started until such 50% deposit is provided and cleared (if paid by check) by Uhuru. The remaining balance is due upon Uhuru’s completion of the Project or on a separate, mutually agreeable date. If the Client is not prepared to receive the furniture, goods, accessories and materials for the Project (collectively, “Products”) immediately upon Uhuru’s completion of the Project, the Client is responsible for full payment of the Invoice and a storage fee to be assessed by Uhuru at the time of completion. In the event of late payment of any amount due hereunder, interest in the amount of 2% of the unpaid amount will be added to the amount due. After 30 days of nonpayment, an additional 2% of the total unpaid amount will be added per month up to a maximum of the greater of (a) 15% of the original unpaid amount and (b) the maximum amount permitted by applicable law. If the Client does not make full payment of the Invoice within six (6) weeks of Uhuru’s completion, Uhuru may (i) terminate this Agreement, (ii) retain all payments made, and (iii) have the exclusive right to use, reuse, and sell all Product(s) made for the Project without any restriction. The prices set forth in the Invoice are exclusive of all taxes, insurance, shipping/delivery charges, which are Client’s sole responsibility.  All purchase prices shall be paid in US dollars.

Lead Time(s): Uhuru shall communicate estimated lead time(s) for the Products to Client only after Uhuru obtains final design approval and the cleared 50% deposit for the Project. Standard lead time(s) is 12-14 weeks from final design approval, subject to change by Uhuru. Lead times are estimates only, and Uhuru shall not be liable to the Client or any other end user for any failure to meet an estimated lead time(s).

Shipping and Delivery: The Product(s) shall not be released to the Client for delivery until Client makes full payment of the Invoice, including related expenses and costs and any unpaid interest. Any delivery rescheduled or canceled within 48 hours before Uhuru is scheduled to deliver the Product(s) to a common carrier for shipment is subject to a shipping charge of 15% of the total amount of the Invoice (including related expenses and costs and any unpaid interest).  Products will be shipped FCA (Incoterms 2020) Uhuru’s facility.  All international transactions shall be governed by Incoterms 2020.  Client shall comply with all export and import laws of all countries involved in the sale of the Product(s) under this Agreement. Client assumes all responsibility for shipments of Product(s) requiring any government import clearance. Uhuru may terminate this Agreement if any governmental authority imposes antidumping or countervailing duties or any other penalties on the Product(s).

Returns and Refunds: All sales are final. The Client is not entitled to any refunds.

Termination: Uhuru may, in its sole discretion, allow Client to terminate this Agreement, but Uhuru shall be entitled to retain any payments received prior to such termination and the Client shall still be liable for all costs and expenses incurred by Uhuru in connection with the terminated Project, including, without limitation, labor and materials.

Title and Risk of Loss:  Provided that Client has paid the applicable Invoice in full, including all related expenses and costs and any unpaid interest, title to and risk of loss of the Products and the Project shall transfer to Client upon Uhuru’s delivery of the Products and the Project to the common carrier for shipment.

Limitation of Liability: EXCEPT FOR ANY EXPRESS WRITTEN PRODUCT WARRANTY THAT MAY BE SEPARATELY DELIVERED TO CLIENT, UHURU MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER ANY LOSS OF USE, REVENUE OR PROFIT OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL UHURU’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID TO UHURU HEREUNDER FOR THE PROJECT. 

Indemnity: Client shall indemnify, defend and hold harmless Uhuru against all loss, liability, cost and expense (including, without limitation, legal fees and costs) incurred by Uhuru in connection with any claim for personal injury, loss or damage to property arising out of the Product(s) unless such injury, loss or damage is solely attributable to the gross negligence of Uhuru or its employees.

Dispute Resolution; Governing Law; Attorneys’ Fees and Costs: This Agreement and any claims, dispute, or other matter in question arising out of or related to this Agreement shall be governed by the laws of the State of New York without regard to any conflicts of laws principles, and Client agrees to submit to the exclusive jurisdiction of the federal and state courts of the State of New York for resolution of any such claim. In any such claim, dispute, or other matter in question, the prevailing party is entitled to payment of its attorney’s fees and costs by the non-prevailing party. 

Intellectual Property: Uhuru owns and controls, throughout the world, all copyrights, trademarks, trade dresses, design patents, and/or all other intellectual property rights, including, but not limited to, common law, statutory, and other reserved rights, in the designs and goods to be developed, marketed, proposed and/or sold in connection with the Project, including, but not limited to, all furniture, goods, related accessories, designs, illustrations, drawings, specifications, computations, models, sketches, test data, plans, elevations, rendering, photographs, materials, colors, finishes, notes, and all other materials particular to this Project, in all forms, formats, and media prepared and/or proposed by Uhuru and/or Uhuru’s employees and/or consultants. Uhuru’s intellectual property is for Uhuru’s exclusive use, reuse, and sale at any time without restrictions.

Limited License: No license is granted herein with respect to Uhuru’s intellectual property rights other than the implied right, upon full payment for the same, for Client to use the Products in accordance with the terms of this Agreement. Client shall not copy or reproduce Uhuru’s intellectual property in any form, format, or media. 

Advertising: Uhuru shall be entitled to publish and/or advertise its Product(s) at any time in any media including, but not limited to, Facebook, Twitter, and Instagram.

Quality & Specifications: All Products’ specifications, drawings, and particulars of weights and dimensions are subject to some variations on occasion and the descriptions and illustrations contained in Uhuru’s website, catalogues, price lists, and other advertising matter are intended to present a general idea of the goods described therein, and none of these shall form part of this Agreement. Due to the handcrafted nature of Product(s), color, size, wood and texture may vary slightly and exact replicas of designs are not guaranteed. Minor distinctions make Uhuru’s handcrafted Product(s) unique and therefore cannot be grounds for any breach of this Agreement. It is Client’s sole responsibility to note the dimensions of the Product(s) to ensure appropriate fit and use in Client’s space.

Force Majeure.  Uhuru shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Uhuru, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, pandemc, lock-outs, strikes or other labor disputes, restraints or delays affecting carriers or inability, delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

Entire Agreement:   The Order, the Invoice and this Agreement constitute the entire agreement of Uhuru and Client with respect to their subject matter.  No conflicting or additional terms or conditions set forth in any other document shall have any force or effect.

Client has carefully read, considered, understands and accepts the terms of the Order and the below Agreement. Client's execution of the Agreement below constitutes Client's agreement to be bound by this Agreement and acknowledgement that Uhuru is relying on Client's compliance with this Agreement to execute the Project.

Client’s Name                                        

Client’s Signature                                    

Client’s Title                            Date:            

Terms and Conditions of Sale – B2B (pdf)

The order to which this agreement (“Agreement”) relates (“Order”) is valid for thirty (30) days unless otherwise stipulated in writing herein. Quantities, dimensions and fabrication are limited to the information provided by Client. Any changes to scope, quantity, timeline, finish or materials for the project subject to the Order (“Project”) will render the Order invalid, and a new Order will need to be issued. By signing below, Client accepts the prices and specifications in the Order and authorizes Uhuru Design, LLC (“Uhuru”) to execute the Project as outlined in this Agreement. This Agreement is NOT VALID until signed by Client and returned to Uhuru within ten (10) days from the date set forth in the Order. Payment is due upon execution of this Agreement, in accordance with the terms provided in this Agreement.

AGREEMENT

The Client agrees that all previously stated product and service details are correct as are the terms set forth in the attached Order, which, upon Client’s execution below, shall become a binding invoice in accordance with this Agreement (an “Invoice”).  Client accepts and agrees to be bound by the following terms:

Payment Terms: The Invoice is payable as follows: Unless otherwise explicitly stated by Uhuru in an applicable Order or Invoice, a 50% non-refundable deposit of the full price set forth in the Invoice shall be due before manufacturing or production begins and the remaining 50% balance shall be due upon Uhuru’s delivery of the Products (as defined below). The Project shall not be started until such deposit is provided and cleared (if paid by check) by Uhuru. If the Client is not prepared to receive the furniture, goods, accessories and materials for the Project (collectively, “Products”) immediately upon Uhuru’s completion of the Project, the Client is responsible for full payment of the Invoice and a storage fee to be assessed by Uhuru at the time of completion. In the event of late payment of any amount due hereunder, interest in the amount of 5% of the unpaid amount will be added to the amount due. After 30 days of nonpayment, an additional 2% of the total unpaid amount will be added per month up to a maximum of 15% of the original unpaid amount. If the Client does not make full payment of the Invoice within six (6) weeks of Uhuru’s completion, Uhuru may (i) terminate this Agreement, (ii) retain all payments made, and (iii) have the exclusive right to use, reuse, and sell all Product(s) made for the Project without any restriction. The prices set forth in the Invoice are exclusive of all taxes, insurance, shipping/delivery charges, which are Client’s sole responsibility.  All purchase prices shall be paid in US dollars.

Lead Time(s): Uhuru shall communicate estimated lead time(s) for the Products to Client only after Uhuru obtains final design approval and the cleared deposit for the Project. Lead times are estimates only, and Uhuru shall not be liable to the Client, any customer of Client, or any other end user for any failure to meet an estimated lead time(s).

Shipping and Delivery: The Product(s) shall not be released to the Client for delivery until Client makes full payment of the Invoice, including related expenses and costs and any unpaid interest. Any delivery rescheduled or canceled within 48 hours before Uhuru is scheduled to deliver the Product(s) to a common carrier for shipment is subject to a shipping charge of 15% of the total amount of the Invoice (including related expenses and costs and any unpaid interest).  Products will be shipped FCA (Incoterms 2020) Uhuru’s facility.  All international transactions shall be governed by Incoterms 2020.  Client shall comply with all export and import laws of all countries involved in the sale of the Product(s) under this Agreement or any resale of the Product(s) by Resale Client (defined below). Client assumes all responsibility for shipments of Product(s) requiring any government import clearance. Uhuru may terminate this Agreement if any governmental authority imposes antidumping or countervailing duties or any other penalties on the Product(s).

Returns and Refunds: All sales are final. The Client is not entitled to any refunds.

Termination: Uhuru may, in its sole discretion, allow Client to terminate this Agreement, but Uhuru shall be entitled to retain any payments received prior to such termination and the Client shall still be liable for all costs and expenses incurred by Uhuru in connection with the terminated Project, including, without limitation, labor and materials.

Title and Risk of Loss:  Provided that Client has paid the applicable Invoice in full, including all related expenses and costs and any unpaid interest, title to and risk of loss of the Products and the Project shall transfer to Client upon Uhuru’s delivery of the Products and the Project to the common carrier for shipment.

Limitation of Liability: EXCEPT FOR ANY EXPRESS WRITTEN PRODUCT WARRANTY THAT MAY BE SEPARATELY DELIVERED TO CLIENT, UHURU MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER ANY LOSS OF USE, REVENUE OR PROFIT OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL UHURU’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID TO UHURU HEREUNDER FOR THE PROJECT. 

Indemnity: Client shall indemnify, defend and hold harmless Uhuru against all loss, liability, cost and expense (including, without limitation, legal fees and costs) incurred by Uhuru in connection with any claim for personal injury, loss or damage to property arising out of the Product(s) unless such injury, loss or damage is solely attributable to the gross negligence of Uhuru or its employees.

Dispute Resolution; Governing Law; Attorneys’ Fees and Costs: This Agreement and any claims, dispute, or other matter in question arising out of or related to this Agreement shall be governed by the laws of the State of New York without regard to any conflicts of laws principles, and Client agrees to submit to the exclusive jurisdiction of the federal and state courts of the State of New York for resolution of any such claim. In any such claim, dispute, or other matter in question, the prevailing party is entitled to payment of its attorney’s fees and costs by the non-prevailing party. 

Intellectual Property: Uhuru owns and controls, throughout the world, all copyrights, trademarks, trade dresses, design patents, and/or all other intellectual property rights, including, but not limited to, common law, statutory, and other reserved rights, in the designs and goods to be developed, marketed, proposed and/or sold in connection with the Project, including, but not limited to, all furniture, goods, related accessories, designs, illustrations, drawings, specifications, computations, models, sketches, test data, plans, elevations, rendering, photographs, materials, colors, finishes, notes, and all other materials particular to this Project, in all forms, formats, and media prepared and/or proposed by Uhuru and/or Uhuru’s employees and/or consultants. Uhuru’s intellectual property is for Uhuru’s exclusive use, reuse, and sale at any time without restrictions. Client shall assist Uhuru in exercising Uhuru’s rights under this Agreement, including, but not limited to, protecting Uhuru’s intellectual property rights worldwide.

Limited License: No license is granted herein with respect to Uhuru’s intellectual property rights other than the implied right, upon full payment for the same, for Client to use and resell the Products in accordance with the terms of this Agreement. Client shall not copy or reproduce Uhuru’s intellectual property in any form, format, or media. 

Limited Resale: If Client is a trade or resale client of Uhuru’s, Client may resell Product(s) only within a radius of seventy-five (75) miles around Client’s principal place of business (in such case, Client is referred to as a “Resale Client” and such territory the “Territory”). Resale Client cannot sell Product(s) at a resale price above the amount designated by Uhuru herein (“Resale Price”), unless otherwise authorized to do so with Uhuru’s prior written consent. Uhuru has the right, at any time, to change, alter, or amend the Resale Price upon written notice. Resale Price is exclusive of all taxes, insurance, shipping/delivery and all other costs that are Resale Client’s sole responsibility as set forth herein. Resale Client must present a resale certificate upon execution of this Agreement for tax exemption. Resale Client will: (i) conduct business in a manner that reflects favorably at all times on Product(s) and Uhuru’s good name, goodwill, and reputation; (ii) avoid deceptive, misleading, or unethical practices that are or might be detrimental to Uhuru and Product(s); and (iii) make no representations, warranties, or guarantees to customers or to the trade with respect to the specifications, features or capabilities of Products that are inconsistent with the information provided by Uhuru. Uhuru hereby grants to Resale Client the nonexclusive, nontransferable, nonsublicensable right within the Territory to use the trademarks, trade names, logos and designations used by Uhuru for Product(s) solely in connection with Resale Client’s advertisement, promotion and sale of Product(s) in accordance with this Agreement and Uhuru’s then current trademark usage policies. Resale Client shall not remove or destroy any copyright notices, trademarks or other proprietary markings on Product(s). All terms of this Agreement apply to Resale Client. Resale Client understands and agrees that this Agreement is not an exclusive reseller or license agreement.

Advertising: Uhuru shall be entitled to publish and/or advertise its Product(s) at any time in any media including, but not limited to, Facebook, Twitter, and Instagram.

Quality & Specifications: All Products’ specifications, drawings, and particulars of weights and dimensions are subject to some variations on occasion and the descriptions and illustrations contained in Uhuru’s website, catalogues, price lists, and other advertising matter are intended to present a general idea of the goods described therein, and none of these shall form part of this Agreement. Due to the handcrafted nature of Product(s), color, size, wood and texture may vary slightly and exact replicas of designs are not guaranteed. Minor distinctions make Uhuru’s handcrafted Product(s) unique and therefore cannot be grounds for any breach of this Agreement. It is Client’s sole responsibility to note the dimensions of the Product(s) to ensure appropriate fit and use in Client’s space.

Force Majeure.  Uhuru shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Uhuru, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, pandemc, lock-outs, strikes or other labor disputes, restraints or delays affecting carriers or inability, delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

Entire Agreement:   The Order, the Invoice and this Agreement constitute the entire agreement of Uhuru and Client with respect to their subject matter.  No conflicting or additional terms or conditions set forth in any other document shall have any force or effect.

Client has carefully read, considered, understands and accepts the terms of the Order and the below Agreement. Client's execution of the Agreement below constitutes Client's agreement to be bound by this Agreement and acknowledgement that Uhuru is relying on Client's compliance with this Agreement to execute the Project.

Client’s Name                                        

Client’s Signature                                    

Client’s Title                            Date:            

Uhuru Limited Warranty

Limited Warranty and Care Instructions (pdf)

All finishes and other parts, components, and other furniture products including but not limited to tables, chairs, beds, dressers, desks, cabinets, entertainment centers, lamps, electrical components, benches, consoles, mirrors, and any other furniture manufactured by Uhuru Design, LLC, a New York limited liability company (“Uhuru”), are covered under this limited warranty (this “Limited Warranty”). This Limited Warranty is provided to the original buyer (the “Buyer”) and is not transferable and extends from the date of purchase (more specifically date of final payment) on all material manufacturing defects in workmanship and material under normal usage. Uhuru will determine the appropriate repair process and pay reasonable and customary labor rates to repair or replace the defective parts and shipping costs from Buyer to Uhuru, or a repair center designated by the Customer Service Department of Uhuru, at no charge to the original Buyer for the number of years indicated below. Uhuru will repair or replace, at Uhuru’s option, as the sole remedy for any defect covered by this warranty. If it is determined that the malfunction is due, but not limited to, user error or install defect, Uhuru will charge Buyer for the repair or service call at the rate of $150 per hour. The Buyer will be responsible for labor, packing, and all shipping and transportation costs beyond the number of years noted below from the date of purchase.

Uhuru’s collections, lines, styles and items are covered under Limited Warranty for the following length of time:

10-YEAR WARRANTY

Minim Conference

Minim Desk and Benching - Fixed

Minim Desk and Benching - Rise (height adjustable) *

Alta Desk and Benching - Stationary

Alta Desk and Benching - Sit-stand (height adjustable) *

Minim Storage

Alta Storage

Totem Storage

5-YEAR WARRANTY

Elements Line

Frame Line

Signature Line

2-YEAR WARRANTY

Custom Furnishings: Any designs not published on Uhuru’s website and originated by Uhuru’s design team

*NOTE: Height adjustable components have a limited warranty period of one (1) year from the date of purchase. For certain component parts of certain products, as listed below, the warranty period is extended from the date of purchase of the product(s) for the following extension periods:

• Electronic components such as control boxes, hand switches and motors – three (3) years
  
  
• Mechanical components such as crank drives and spindles – five (5) years
  
  
• Structural components such as J-channels, feet and top supports – ten (10) years.

LIMITATIONS AND EXCEPTIONS

This Limited Warranty provides coverage to Buyer only, as the original buyer, and does not apply to rental uses. This Limited Warranty does not apply to: (i) merchandise that was, at any time, used as a floor sample or display model, (ii) any merchandise purchased “as is” or second-hand, (iii) any merchandise purchased at a distress sale or a going-out-of business sale or (iv) any merchandise purchased from a liquidator. All warranties, whether express or implied, cover only normal usage. The Limited Warranty shall be null and void as to any product whose condition results from misuse, abuse, unauthorized repair, extreme environmental condition, delivery or transportation damage, incorrect or inadequate storage, maintenance, cleaning or care. This Limited Warranty further is null and void if furniture has been moved from Buyer’s original point of delivery.

The Limited Warranty further shall be null and void as to any product whose condition results from: (i) failure to apply, install or maintain products according to published Uhuru or manufacturer instructions and guidelines, (ii) alteration or modification of the product or (iii) the substitution of any unauthorized non-Uhuru components for use in the place of Uhuru components in an integrated product solution, including but not limited to work surfaces, leg supports, panels, brackets, shelves, overhead bins and other integral components.

CHEMICAL TREATMENTS

This Limited Warranty does not cover damages or defects caused by use of chemical treatments or protective coatings applied by the Buyer. Any such chemical treatments or protective coatings void all warranties of Uhuru.

MODIFICATIONS TO PRODUCTS

This Limited Warranty does not apply to any products that have been altered by any person, dealer, or company without the express written authorization of Uhuru.

IMPLIED WARRANTIES

ALL IMPLIED WARRANTIES, INCLUDING ANY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IMPOSED ON THE SALE OF THIS FURNITURE AND ITS PARTS UNDER STATE LAW, ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD AS SET FORTH HEREIN AND NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SIZE AND DIMENSION VARIABILITY

The sizes and dimensions of the final approved sample may vary slightly from the actual sizes and dimensions of the goods when delivered. This is due to the expansion and contraction of wood products, the inherent nature of reclaimed materials, and the handmade nature of our products. The dimensions of the goods provided by Uhuru are the outermost edges of the goods. The Buyer assumes all risk regarding determination of the good’s correct size and fit. In no event shall a mistake in size or fit of the goods, due to Buyer error, result in invalidation of any order or require any refund to the Buyer.

APPEARANCE VARIABILITY

Buyer acknowledges that the appearance of the wood used to build a particular product may vary slightly from the wood used in any sample models. This is due to natural characteristics of the wood and the craftsmanship used to create each individual piece. Therefore, no representation, warranty and/or guarantee is made with respect to the exact color of the wood, the exact appearance of the wood and the exact finishes to the goods.

The Buyer also acknowledges that wood may contain mineral deposits, pits, gum streaks, small pin holes, knots, color differences, unusual grain patterns, darker heart wood, lighter sap wood, etc. The frequency of such features will depend upon the grade and species of wood specified and will vary in all handmade and machined pieces. No two items are exact duplicates, and therefore Uhuru makes no representation or guarantee that Uhuru’s goods will appear exactly as any another.

DISCLAIMER

Uhuru does not make any warranty with respect to any of the following:

• Natural variations in wood grain or figure or the presence of character marks;
  
  
• Cracks and checks found naturally in wood and slabs;
  
  
• Changes in surface finishes, including colorfastness, due to aging or exposure to light;
  
  
• Marks, scars, or wrinkles occurring naturally in leather;
  
  
• Veins, marks, voids, fissures, or cracks found naturally in stone;
  
  
• Pilling of textiles;
  
  
• The matching of colors, grains, or textures of natural materials;
  
  
• Failure resulting from normal wear and tear;
  
  
• The colorfastness or the matching of colors of textiles, including an exact match to cuttings, samples, or to swatch cards;
  
  
• Damage, marking, or staining of surfaces due to contact with rubber or similar compounds or imprinting from writing instruments, or prolonged exposure to direct sunlight;
  
  
• Damage or marking of materials caused by sharp objects;
  
  
• Products manufactured by third parties but sold by Uhuru;
  
  
• Soiling, stains, or dye transfer from clothing including denim;
  
  
• Foreign objects abrading fabric over time;
  
  
• Products that are exposed to extreme environmental conditions or that have been subject to improper storage;
  
  
• Products exposed to planters or other objects that trap or transfer moisture to surfaces; or
  
  
• Any condition resulting from incorrect or inadequate maintenance, cleaning or care including but not limited to pet hair, mold, bug infestation, water damage.

Uhuru checks Customer’s Own Material (COM) and other customer- supplied items for manufacturing quality only and does not provide any warranty with regard to these materials.

NO OTHER EXPRESS WARRANTY HAS BEEN MADE OR WILL BE MADE ON BEHALF OF UHURU WITH RESPECT TO THE FURNITURE AND ITS PARTS, OR THE OPERATION, REPAIR, OR REPLACEMENT OF THE FURNITURE AND ITS PARTS. FURTHERMORE, NO REPRESENTATIVE OF UHURU OR ITS DISTRIBUTORS OR RETAILERS IS AUTHORIZED TO MAKE ANY CHANGES OR MODIFICATIONS TO THESE LIMITED WARRANTIES.

Some retailers offer extended or additional warranties, including but not limited to extended or additional fabric warranties, either from the retailer or through a third-party. Uhuru shall not be liable under any extended or additional warranties offered by any retailer or through a third-party.

In no event shall Uhuru be responsible for consequential or incidental damages, such as loss of use, inconvenience, loss or damage to personal property, whether indirect or direct, and whether arising in contract or tort. In no event shall Uhuru’s responsibility exceed the purchase price of the product or its replacement. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

Applies in the United States only: Some states do not allow limitations on how long an implied warranty lasts or do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions in the two preceding paragraphs may not apply. This Limited Warranty gives the Buyer specific legal rights, however, the Buyer may also have other rights that may vary from state to state.

Applies outside of the United States: Except as stated above, Uhuru will not be liable for any loss or damage (including costs) however caused, whether direct or consequential, incurred or suffered by the Buyer or any third party in respect of the products but nothing contained herein will or will be considered to exclude or restrict any liability on Uhuru’s part for death or personal injury resulting from negligence.

REMEDY AND CLAIM PROCEDURE

Any item repaired or replaced under this Limited Warranty will be covered by this Limited Warranty for the remainder of the original warranty period only.

CLAIM PROCEDURE

If a problem should arise which you feel is covered by our Limited Warranty, contact Uhuru by phone or email as indicated below. The original invoice number is necessary for the fulfillment of the warranty. Please make sure any claim for warranty service is accompanied by the necessary information to satisfy the warranty requirements.

Uhuru Care Instructions

DO:

• Wipe down all surfaces as part of your regular cleaning schedule using a clean white, damp (water only) rag and follow with a dry rag remove any excess moisture.
  
  
• Wipe up light spills immediately in order to avoid staining the wood. We recommend the use of coasters if glasses placed on the table top are likely to become wet with condensation (as they might in the summertime). Clean spills using a soft cloth dampened with clean water then dry immediately.
  
  
• Wipe up heavier spills, like grease or oil, with a solution of mild soap and water. The surface should be rinsed immediately with a clean, damp cloth and dried thoroughly.
  
  
• Keep the relative humidity of the room between 35% and 55%. Controlling relative humidity and temperature is important to the long-term life of fine wood furniture. If an atmospheric change is too drastic, or humidity and temperature levels too extreme one way or the other, your furniture can be damaged.
  
  
• Protect your piece from direct sunlight. Unfiltered ultraviolet (UV) rays will discolor and damage wood and finishes.
  
  
• Avoid exposing the furniture finish to items creating extreme heat, cold or moisture. Use protective padding under these items.

DON'T:

• Use any of the following products (or products similar in nature) on your furniture: ammonia based cleaners, acrylic finishes, wax based products, detergents, bleach, polishes and oil soaps, abrasive cleaning soaps or acidic materials such as vinegar.
  
  
• Wipe the pieces with a dishcloth. A dishcloth can contain soap, grease and other soil that can be detrimental to the finished surface.
  
  
• Place products such as nail polish remover, hair spray, perfume and potpourri (and any other products that contain solvents) directly on a wood or leather surface. They can damage wood and metal finishes.
  
  
• Allow water to puddle on furniture for any length of time – wipe up immediately.
  
  
• Allow objects to rest on the furniture on small sharp or hard tips.
  
  
• Place a planter, glass, or any other object that transfers condensation onto the surface without an appropriate barrier between the object and surface.