Terms of Use and Terms of Sale

This website and online store use the customer-facing brand Living Archive and are operated by Agathus Studios LLC, a California limited liability company doing business as Living Archive (“Living Archive,” “we,” “us,” or “our”). Agathus Studios LLC dba Living Archive is the legal seller. These terms govern use of the website and purchases made online, in the showroom, through an invoice or through another authorized sales channel.

By accessing the site, creating an account, submitting an order or purchasing a product, you agree to these terms and the Returns, Refunds and Cancellations Policy, Shipping, Delivery and Local Pickup Policy and Privacy Policy.

Orders, Prices and Payment

An order is an offer to purchase. An automated acknowledgment confirms receipt but does not constitute acceptance. We accept an order when we confirm fulfillment, ship the product, make it available for pickup or otherwise expressly accept it.

Prices are shown in U.S. dollars unless stated otherwise. Applicable taxes and shipping or delivery charges are added at checkout or in the quote. We may correct pricing, availability, description or calculation errors and may cancel or revise an affected order. If the corrected price is higher, we will request approval before proceeding.

You authorize us and our payment processors to charge the selected payment method for the order total and any additional charges you expressly approve. Orders are subject to payment authorization, identity verification and fraud screening.

Product Information, Vintage Items and Art

We make reasonable efforts to present product information accurately. Colors and finishes may vary because of photography, lighting, screens, surroundings, natural materials, hand-finishing and production variation. Styling props and accessories shown in photographs are not included unless stated.

For one-of-a-kind vintage, antique, previously owned, floor-model and consigned products, photographs of the actual item form part of the description unless otherwise stated. Descriptions of age, period, maker, artist, origin, attribution, provenance, material or technique are based on information reasonably available to us. Terms such as “attributed to,” “in the style of,” “manner of,” “school of,” “after” and “circa” are descriptive and are not independent authentication or appraisal unless expressly stated in writing.

Installation, Use and Safety

Unless expressly included in writing, product prices and delivery charges do not include assembly, installation, mounting, hanging, wiring, plumbing, anchoring, engineering, permit work, site preparation or removal of existing items. You are responsible for confirming suitability, measurements, access, load capacity and fit; reviewing instructions and warnings; hiring qualified professionals; and ensuring compliance with applicable laws, codes and building rules.

Products are intended for ordinary residential use unless expressly stated otherwise. Decorative objects are not toys and are not food-safe, heat-safe, candle-safe, outdoor-safe or suitable for children unless expressly labeled. Hardwired lighting must be installed by a qualified licensed electrician, and tall, heavy or climbable furniture should be appropriately anchored.

Product Warranties and Defect Claims

Unless a product page or separate written warranty expressly states otherwise, Living Archive does not provide a separate written warranty covering new merchandise. New merchandise remains subject to any implied warranties and other consumer rights that apply under law.

Some products may be covered by a written warranty provided by a manufacturer, supplier, artist or another identified warrantor. Where an applicable written warranty exists, the customer may request review before purchase. Living Archive may assist with a reasonably documented third-party warranty claim, but assistance does not make Living Archive the warrantor or expand the third party’s warranty.

Vintage, antique, found and previously owned merchandise is sold as-is and with all faults, without any implied warranty of merchantability or fitness for a particular purpose. A floor model or display item receives this treatment only if it is identified as vintage or previously owned.

Product descriptions, affirmations of fact, samples, models, labels and product-specific written representations may create express warranties to the extent provided by law. General opinions, aesthetic recommendations, styling suggestions, statements of value and commendations do not create a warranty. Nothing in these terms limits a warranty, right or remedy that cannot lawfully be limited or waived.

Site Use and Intellectual Property

The site and its content, including text, product names, descriptions, photographs, video, graphics, logos, designs, collections, layout and software, are owned by or licensed to Agathus and protected by intellectual-property laws. You may use the site for personal, noncommercial shopping and reference. You may not copy, reproduce, scrape, republish, distribute, sell, exploit, train an artificial-intelligence system on or create derivative works from site content without prior written permission, except as permitted by law.

Disclaimer and Limitation of Liability

To the fullest extent permitted by law, the site and site content are provided “as is” and “as available.” This site disclaimer does not eliminate product warranties or consumer rights that cannot lawfully be waived.

To the fullest extent permitted by law, Living Archive, Agathus Studios LLC and their owners, officers, employees, agents, affiliates, contractors and service providers will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost revenue, loss of use, business interruption or replacement costs. Our aggregate liability arising from a particular product or order will not exceed the amount paid for the product or order giving rise to the claim. These limitations do not apply where liability cannot lawfully be limited.

To the fullest extent permitted by law, you agree to indemnify and hold harmless Living Archive and Agathus Studios LLC from third-party claims arising from your unlawful use of the site, material breach of these terms, misuse or unauthorized modification of a product, or infringement of another person’s rights. This does not require a consumer to indemnify us for our own negligence, product defect or violation of law.

Governing Law and Changes

These terms are governed by California law and applicable federal law. Any dispute not eligible for small claims court must be brought in the state or federal courts located in Orange County, California, unless a nonwaivable law requires otherwise. The terms in effect when an order is placed govern that order. We may update these terms prospectively by posting a revised effective date.

 

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Living Archive is a trade name of Agathus Studios LLC. Agathus Studios LLC dba Living Archive is the legal seller of all merchandise purchased through Living Archive. By completing a purchase, you agree to this policy.