Terms & Conditions — studio TANTRUM

Terms & Conditions in short

By ordering any of our products, you agree to be bound by these terms & conditions.
By placing an order at studioTANTRUM.com, you warrant that you are at least 18 years old
All personal information you provide us with or that we obtain will be handled by studioTANTRUM.com as responsible for the personal information.
Events outside studioTANTRUM.com's control shall be considered force majeure.
The price applicable is that set at the date on which you place your order.
Shipping costs and payment fees are recognized before confirming the purchase.
Card information is transmitted over secure SSL encryption and is not stored.
Please note that local charges may occur.
studioTANTRUM.com reserves the right to amend any information without prior notice.

Personal Information

Privacy

Your privacy and confidentiality is important to us: Your information will never be shared outside the company. It will not be shared with third parties, other than those required to complete the business transaction (i.e. the credit card company). Thank you for your cooperation. Our assurance that we will never share your information notwithstanding, despite our best efforts, because of the nature of the Internet, we cannot guarantee our site will never be hacked and your information appropriated in an illegal manner. For this, we cannot assume any liability. Also, for this reason, we do not keep credit card information on this site.

**Information We Collect**

We may collect personal information from you when you visit our Site, register on the Site, place an order, subscribe to our newsletter, respond to a survey, fill out a form, or otherwise interact with our services. The types of personal information we may collect include:

- Name

- Email address

- Mailing address

- Phone number

- Payment information (such as credit card details)

- Order history and preferences

- Demographic information

- Other information you provide to us

We may also automatically collect certain information about your device and usage of our Site, including your IP address, browser type, referring website, pages viewed, and time spent on our Site.

**How We Use Your Information**

We may use the information we collect for various purposes, including:

- Processing and fulfilling orders

- Providing customer service and support

- Sending order updates and notifications

- Improving our products and services

- Personalizing your experience on our Site

- Sending promotional emails and newsletters

- Conducting surveys and market research

- Preventing fraud and enhancing security

We will NOT share your information with third parties who provide services on our behalf, such as payment processors, shipping carriers, and marketing partners. We may also disclose information in response to legal process or when required by law.

Our Site may use cookies and similar tracking technologies to enhance your experience. You can set your browser to refuse cookies or alert you when cookies are being sent.

California residents have certain rights under the California Consumer Privacy Act (CCPA). If you are a California resident, you have the right to request access to and deletion of your personal information. To exercise your rights, please contact us using the information provided below.

We take reasonable measures to protect the security of your personal information. However, no method of transmission over the internet or electronic storage is completely secure.

**Updates to this Privacy Policy**

We may update this Privacy Policy from time to time. Any changes will be posted on this page with an updated revision date.

Payment

All products remain Mother of Invention Inc.'s property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents' permission to buy from Mother of Invention Inc.'s .

All transfers conducted through Mother of Invention Inc. are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway choosen for the transaction as they are responsible for the transactions made.

Local Taxes

Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customers own expense.

Cookies

studioTANTRUM.com uses cookies according to the new Electronic Communications Act, which came into force on 25 July 2003. A cookie is a small text file stored on your computer that contains information that helps the website to identify and track the visitor. Cookies do no harm to your computer, consist only of text, can not contain viruses and occupies virtually no space on your hard drive. There are two types of cookies: "Session Cookies" and cookies that are saved permanently on your computer.

The first type of cookie commonly used is "Session Cookies". During the time you visit the website, our web server assigns your browser a unique identifier string so as not to confuse you with other visitors. A "Session Cookie" is never stored permanently on your computer and disappears when you close your browser. To use studioTANTRUM.com without troubles you need to have cookies enabled.

The second type of cookie saves a file permanently on your computer. This type of cookie is used to track how visitors move around on the website. This is only used to offer visitors better services and support. The text files can be deleted. On studioTANTRUM.com we use this type of cookie to keep track of your shopping cart and to keep statistics of our visitors. The information stored on your computer is only a unique number, without any connection to personal information.

Terms and Conditions of Sewing Pattern Usage

Farbenmix, fledge/studioTANTRUM, Schnittreif, Bunte Nadel and Traumschnitt sewing patterns are for private, personal, home use only. Single sewn examples of the designs sewn on a single machine by a private, individual seamstress/tailor may be sold to a private, individual buyer. No sale to retail for resale of the sewn design. No mass production. A design may be sewn a maximum number of 15 times for resale. No sale of the sewn design permitted without attribution to the design originator (Nancy Langdon, fledge; Sabine Pollehn, Farbenmix; Sandra Moser, Bunte Nadel; Anja Müssig, Schnittreif). Purchase and/or sewing of the design constitutes agreement to the Terms of Sewing Pattern Use.

Permission for personal, private use in NO WAY constitutes public domain.

Please direct questions concerning Sewing Pattern Use to nancy@studiotantrum.com

Shipping, Returns, Terminations

We want you to be delighted with your retail partnership with Mother of Invention Inc. and your relationship as a stockist of Farbenmix and studioTANTRUM/Fledge. Please contact me with any concerns and questions with your product. We strive to bend over backwards to make you happy.

Shipment

Seller will attempt to meet shipment schedules. However, any shipment quotation or forecast on an order acknowledgment is only an estimate of the time required to make shipment and Seller will not assume liability, consequential or otherwise, because of any delay or failure to deliver all or any part of any order for any reason, including its active or passive negligence. Seller reserves the right to allocate inventories and current production in any way it deems desirable.

Inspection and Acceptance

The Buyer shall have the right to inspect the goods upon tender of delivery. Failure of the Buyer to inspect the goods and give written notice to the Seller of any alleged defect or nonconformity within three (3) days after tender of delivery shall constitute an irrevocable acceptance by Buyer of the goods delivered to him. Notwithstanding the foregoing, use of any such goods by Buyer, its agents, employees or licensees, for any purpose after delivery thereof, shall constitute acceptance of the goods by Buyer.

Returns

The Products may not be returned to Seller without first obtaining Seller’s consent. The request for return and credit must be filed with Seller and shall include purchase order number, approximate date shipped and any and all other identifying numbers (such as invoice number, date of invoice, P.O. numbers, etc.). Each request for return of Products for credit should state the type and quantity of goods and the reasons for the return. If return authorization is granted, Products shall be returned in a clean, well-packaged condition. No credit allowance on defectives will be made and no replacement for defectives will be shipped in any event, unless the alleged defectives are, among other things, established to Seller’s satisfaction after suitable inspection by Seller.

Terminations

Any order for a standard Product with a published price accepted by Seller and terminated by Buyer prior to shipment, shall be subject to a termination charge of not less than ten percent (10%) of the order value to cover costs of processing and order handlings. No order for nonstandard products or products without a published price may be terminated by Buyer except by mutual agreement in writing. Terminations by mutual agreement are subject to the following conditions:

(a) Buyer will pay, at applicable contract prices, for all Products which are completely manufactured and allocable to Buyer at the time of Seller’s receipt of notice of termination;

(b) Buyer will pay all costs, direct and indirect, which have been incurred by Seller with regard to Products which have not been completely manufactured at the time of Seller’s receipt of notice of termination, plus a pro rata portion of the normal profit on the contract;

(c) Buyer will pay a termination charge on all other Products affected by the termination. Seller’s normal accounting practices shall be used to determine costs and other charges.

TERMS and CONDITIONS of SALE

Mother of Invention, Inc.

DBA”Mother of Invention, Inc.”, “Studio Tantrum” and “Fledge”

1. LIMITS OF AGREEMENT.

The terms and conditions as set forth herein as well as any additional terms and conditions that may appear on the face hereof shall constitute the entire agreement between Mother of Invention, Inc. ("Seller") and Buyer. Seller will not be bound by any terms of Buyer’s order that are inconsistent with the terms herein. Acceptance by Buyer of these terms may be made either (a) by written acceptance, or (b) by receipt by Buyer of delivery of any products and failure by Buyer to return the Products within five (5) days following such delivery. The Agreement shall not be modified except in writing, signed by the parties hereto. No waiver by Seller of any default or provision hereof shall be deemed a waiver of any subsequent default or provision.

2. PRODUCTS PROVIDED AND PRICE.

(a) Unless otherwise provided on the front of this form, products furnished hereunder shall be newly manufactured products.

(b) The price of all Products unless otherwise specifically stated on the face hereof is F.O.B. carrier, at the place of manufacture or warehouse location, which is the address set forth on the face hereof, exclusive of insurance cost. The cost of packaging for normal domestic shipment is included in the invoiced price. Where special domestic or export packaging is specified, involving greater expense, a charge will be made to cover such extra expense.

(c) Prices and orders do not include Federal, State or local excise, sales, use or other taxes now or hereinafter enacted, which are applicable to the Products sold hereunder or this transaction (excluding only taxes based on Seller’s income), which tax or taxes will be added by Seller to the sales price when Seller has the legal obligation to collect the same and will be invoiced to and paid by Buyer, unless Buyer provides Seller with a proper tax exemption certificate. In the event Seller is required to pay any such tax, fee or charge at the time of sale or thereafter, the Buyer shall reimburse Seller therefore.

(d) Prices quoted are for the Products and services described on the face hereof only and do not include technical data, proprietary rights of any kind, patent rights, qualification, environmental or other than Seller’s standard tests unless expressly agreed to in writing by Seller.

(e) Unless otherwise stated by Seller in writing, all quotations are firm for, and expire, thirty (30) days after date thereof and constitute offers. Prices may change without notice.

3. PAYMENT TERMS.

(a) Unless otherwise stated on the front of this form, the terms of the sale are net 30 from date of invoice. Seller reserves the right to require alternative payment terms, including, without limitation, sight draft, letter of credit or payment in advance. Terms of 30 days will be offered, if a valid credit card has been provided. If payment has not occurred by 30 days, the credit card will be charged and an administrative fee of 10% of the purchase price will apply. The Buyer agrees herewith to allow his credit card to be charged for delinquent invoices. All payments shall be made to Seller at its principal location in Torrance, California (119 Camino de las Colinas, Redondo Beach, CA 90277 Redondo Beach) by check. The electronic payment methods will be Revolution Money Exchange or PayPal. Interest accrues on overdue invoices at the rate of two percent (2%) per month, but not more than the amount allowed by law, on the unpaid balance from the original due date of the invoice.

(b) All orders are subject to, and the obligation of Seller to make deliveries is subject to, the right of the Seller as provided in paragraph 11, to require of the Buyer payment of all or any part of the purchase price in advance of delivery or to make shipment C.O.D. If the Buyer fails to make advance payment when requested by Seller, or if the Buyer is or becomes delinquent in the payment of any sum due Seller (whether or not arising out of this order) or refuses to accept C.O.D. shipment, then Seller shall have the right, in addition to any other remedy to which it may be entitled in law or equity, to cancel the sales order, refuse to make further deliveries, and declare immediately due and payable all unpaid amounts for goods previously delivered to the Buyer. Partial shipments made under any order shall be treated as a separate transaction and payment thereof shall be made accordingly. However, in the event of any default by Buyer, Seller may decline to make further shipments without in any way affecting its rights under such order.

(c) Seller reserves a purchase money security interest in the Products sold hereunder and the proceeds thereof, in the amount of the purchase price. In the event of default by Buyer on any of its obligations to Seller, Seller will have the right to repossess the goods sold hereunder without liability to Buyer. In such event, Buyer agrees to make the Products available to Seller so that Seller can repossess them without a breach of the peace. This security interest will be satisfied by payment in full. A copy of the invoice may be filed with appropriate authorities at any time as a financing statement and/or chattel mortgage to perfect Seller’s security interest. Buyer shall cooperate fully with Seller to execute such other documents and to accomplish such filings and/or recordings thereof as Seller may deem necessary for the protection of Seller’s interests in the Products furnished hereunder.

(d) Product is subject to change in price without prior notice.

4. TRANSPORTATION AND RISK OF LOSS.

Unless otherwise agreed to in writing by Seller, all transportation shall be at the expense of Buyer. Unless otherwise advised, Seller may insure to full value of the Products or declare full value thereof to the transportation company at the time of delivery and all such freight and insurance costs shall be for Buyer’s account. Risk of loss or damage shall pass to Buyer upon delivery of the Products to the transportation company at the FOB point.

Seller may at its option obtain insurance for its Products covering their delivery to Buyer and Buyer agrees to reimburse Seller for the cost of providing such insurance. If Buyer has not been notified of the existence of insurance coverage and provides its own insurance for such shipment Seller will waive its insurance charge.

Confiscation or destruction of, or damage to Products shall not release, reduce or in any way affect the liability of Buyer therefor. Notwithstanding any defect or nonconformity, or any other matter, such risk of loss shall remain in Buyer until the Products are returned at Buyer’s expense to such places as Seller may designate in writing. Buyer, at his expense, shall fully insure Products against all loss or damage until Seller has been paid in full therefor, or the Products have been returned, for whatever reason, to Seller.

5. SHIPMENT.

6. INSPECTION AND ACCEPTANCE.

7. RETURNS.

8. TERMINATIONS.

(a) Buyer will pay, at applicable contract prices, for all Products which are completely manufactured and allocable to Buyer at the time of Seller’s receipt of notice of termination;

(c) Buyer will pay a termination charge on all other Products affected by the termination. Seller’s normal accounting practices shall be used to determine costs and other charges.

9. LIMITED WARRANTY—LIMITATION OF REMEDIES.

(a) Except as otherwise specified herein, Seller warrants the Products:

(1) To be free from defects in material and workmanship for a period of time and under such conditions as specified in Seller’s warranty for the individual Product, or for one (1) month from shipment if a warranty for an individual Product is not specified, and

(2) To perform in the manner and under the conditions as specified in Seller’s warranty for the individual Product or for 1 month (1) months from shipment if a warranty for an individual product is not specified.

(b) This warranty is the only warranty made by Seller with respect to the Products and no representative or person is authorized to bind Seller for any obligations or liabilities beyond the warranty in connection with the sale of Seller’s goods. This warranty is made to the original purchaser only at the original location and is nontransferable, and may only be modified or amended by a written instrument signed by a duly authorized officer of Seller.

(c) These remedies are available only if Seller is notified in writing by Buyer promptly upon discovery of the defect, and in any event within the warranty period for the individual Product, Seller’s examination of such goods discloses to Seller’s satisfaction that such defects actually exist and the goods have not been (i) repaired, worked on, or altered by persons not authorized by Seller so as, in Seller’s sole judgment, to injure the reliability of such goods; (ii) subject to misuse, negligence or accident; or (iii) used or adjusted otherwise that in accordance with the instructions furnished by Seller.

(d) All Products which Buyer considers defective shall be returned to Seller’s office as designated on the face hereof transportation costs prepaid and borne by Buyer (unless otherwise provided on the face hereof). The risk of loss of the goods shipped or delivered to Seller for repair or replacement will be borne by Buyer.

(e) If it is found that any Product has been returned without cause, Buyer will be notified and the Product returned at Buyer’s expense. In addition, a charge for examination may, in Seller’s sole discretion, be made on Products so returned.

(f) THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SHALL BE THE BUYER’S SOLE REMEDY AND SELLER’S SOLE LIABILITY ON CONTRACT OR WARRANTY OR OTHERWISE FOR THE PRODUCT.

10. SELLER’S RIGHTS TO SUBCONTRACT.

Seller may subcontract any portion of the work on any item subject to this Agreement, but Seller’s obligations and rights hereunder shall not thereby be limited or affected.

11. BANKRUPTCY OR INSOLVENCY OF BUYER.

If the financial conditions of the Buyer at any time is such as to give Seller, in its judgment, reasonable grounds for insecurity concerning Buyer’s ability to perform its obligations under this agreement. Seller may (a) by notice in writing to Buyer, cancel this agreement, without judicial intervention or declaration of default of Buyer and without prejudice to any right or remedy which may have accrued or may accrue thereafter to Seller, (b) require full or partial payment in advance and suspend any further deliveries for continuance of the work to be performed by Seller until such payment has been received or (c) make shipments C.O.D.

12. INTELLECTUAL PROPERTY PROTECTION.

(a) Seller will defend Buyer at its own expense, as set forth herein, against any claim that the design or manufacture of any standard Product furnished hereunder constitutes an infringement of any United States patents or other intellectual property rights. Buyer shall notify Seller promptly in writing of any such claim of infringement and shall give Seller full authority, information and assistance in settling or defending such claim. Seller shall have no liability whatsoever with respect to any claims settled by Buyer without Seller’s prior written consent. Seller shall not have any liability to the Buyer under any provision of this clause if any patent infringement or claim thereof, is based upon the use of the goods as modified by any person other than the Seller or in combination with equipment or devices act made by Seller, or in a manner for which the goods were not designed.

In case the Products furnished by Seller with respect to any such claim are held in and of themselves to constitute infringement and their use is enjoined, Seller, within a reasonable time, shall, at its option, either (i) secure for Buyer the right to continue using the Products by suspension of the injunction, by procuring for the Buyer a license or by some other means, or (ii) at Seller’s own expense, replace the Products with non-infringing goods, or (iii) remove the enjoined Products and refund the sums paid therefor. The foregoing states the entire liability of Seller with respect to infringement of intellectual property rights by the goods or any part thereof or by their use. These provisions, however, shall not apply to any equipment, device or parts specified by Buyer but not manufactured by Seller. THE FOREGOING STATES SELLER’S ENTIRE LIABILITY AND OBLIGATION (EXPRESS, STATUTORY, IMPLIED OR OTHERWISE) WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT OR CLAIMS THEREFORE.

13. PROPRIETARY RIGHTS.

The sale of the Products hereunder to Buyer shall in no way be deemed to confer upon Buyer any right, interest or license in any patents or patent applications or design copyrights the Seller may have covering the Products. Seller retains for itself all proprietary rights in and to all designs other data and materials pertaining to any Products supplied by Seller and to all discoveries, inventions, patents and other proprietary rights arising out of the work done by Seller in connection with the Products or with any and all Products developed by Seller as a result thereof, including the sole right to manufacture any and all such Products. Buyer warrants that it will not divulge, disclose, or in any way distribute or make use of such information, and that it will not manufacture or engage to have manufactured such Products.

14. ERRORS.

Stenographic and clerical errors are subject to correction.

15. APPLICABLE LAW; JURISDICTION AND VENUE.

This agreement will be governed by the laws of the State of California. The California state courts of Los Angeles County, California will have exclusive jurisdiction and venue over any dispute arising out of this agreement, and Buyer hereby consents to the jurisdiction of such courts.

16. LIMITATION OF LIABILITY.

(a) Seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the Products when such delay is due to causes beyond the reasonable control of Seller, including without limitation, supplier delay, force majeure, act of God, labor unrest, fire, explosion or earthquake. In any such event, the delivery date will be deemed extended for a period equal to the delay.

(b) SELLER’S LIABILITY UNDER, FOR BREACH OF, OR ARISING OUT OF THIS AGREEMENT AND/OR SALE WILL BE LIMITED TO REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCTS OR A REFUND OF THE PURCHASE PRICE OF THE PRODUCTS, AT SELLER’S SOLE OPTION, AS SET FORTH IN PARAGRAPH 9 ABOVE. IN NO EVENT WILL SELLER BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTED PRODUCTS BY BUYER, NOR WILL SELLER BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES INCLUDING WITHOUT LIMITATION LOSS OF PROFIT WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF SELLER ARISING OUT OF THIS AGREEMENT AND/OR SALE.

17. ATTORNEY’S FEES AND COSTS.

Reasonable attorneys fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this agreement.