Terms & Conditions
PLEASE READ THE FOLLOWING Terms & Condition AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE
This Website is operated by Noble House Home Furnishings LLC.
Who We Are
OkiOki (“OkiOki” “we” or “us”), own and operate this Website. This document governs your relationship with www.okioki.com (the “Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated, altered or modified by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Links to Other Websites
This Website may contain links to other websites (the “Linked Sites”), which are not operated by the Website. The Website has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms & Condition and service contained within each such site.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and OkiOki will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Information or Complaints for California Users
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to email@example.com or calling us at (818) 918-3129. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Limitations on Use of Content
All rights reserved. OkiOki owns the website and all content on the website is owned by OkiOki or its respective owners. All content, data and material contained on this website are protected by one or more copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned or licensed by us and which are protected under the laws of the State of California, the United States, foreign jurisdictions and/or international treaties.
You are hereby granted a non-transferable, non-sublicenseable, limited, revocable, right and license to access and make use of our websites for your own exclusive benefit and solely for the purposes intended by our websites (“License”). No portion or element of this website or any of its content may be copied or retransmitted via any means without our permission. You may not remove, alter, or obscure any copyright, legal, or proprietary notices in or on any portion of our website. This website, its content and all related rights shall remain our exclusive property or the property of the licensors of such content unless otherwise expressly agreed in writing. Without our prior written authorization, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, repost or otherwise use the content of this website. Use of this website does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of these proprietary rights.
All Web site design, text, graphics, and the selection and arrangement thereof are Copyright 2009 – 2022 by OkiOki. All rights reserved, or in the case of product material, all text and graphics are copyright by the original owner. Permission is granted to copy electronically and to print in hard copy portions of this web site for the sole purpose of using this web site as an information resource (or of ordering goods or services and using this site as a shopping resource). Any other use of materials on this Web site-including reproduction for purposes other than noted above, modification, distribution, or reproduction without the prior written permission of OkiOki is strictly prohibited.
OkiOki web sites and logos are trademarks and service marks of Noble House Home Furnishings LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. OkiOki reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Prices and availability of products on the Website are subject to change without notice. Errors will be corrected when discovered, and OkiOki reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
Occasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer". This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
We have done our best to display as accurately as possible the colors of the products shown on this Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
We attempt to be as accurate as possible and eliminate errors on the website; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Not for Commercial Use
Items sold on the Website are not meant for commercial use.
Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.
Warranties and Disclaimers
OkiOki intends for the information and data contained in the Website or provided via other channels, including but not limited to phone and email, to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided "AS IS." You expressly agree that your use of this site is at your sole risk. OkiOki EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL OKIOKI - OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF OKIOKI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Website or other channels. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. The law of the State of California shall govern these terms and conditions, without reference to its choice of law rules. OkiOki makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
This Agreement is made under and shall be governed by and interpreted in accordance with the laws of the State of California, Los Angeles County, without reference to its choice of law rules.
AGREEMENT TO MEDIATE AND BE SUBJECT TO BINDING ARBITRATION AND WAIVER OF CERTAIN RIGHTS
All controversies, claims, counterclaims, or other disputes arising between you and Noble House Home Furnishings LLC, or you and a third-party agent of Noble House Home Furnishings LLC (a "Claim") will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Noble House Home Furnishings LLC. will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Noble House Home Furnishings LLC from seeking action by federal, state, or local government agencies. In addition, you and Noble House Home Furnishings retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
Neither you nor Noble House Home Furnishings LLC may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Noble House Home Furnishings LLC’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and Noble House Home Furnishings LLC each waive any right to a jury trial. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This Section of the Terms and Conditions will survive the termination of your relationship with Noble House Home Furnishings LLC.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR NOBLE HOUSE HOME FUNISHINGS LLC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Choice of Law. This agreement is governed by the laws of the State of California, without giving effect to any conflict of laws principles.
Limitation on Costs and Damages. In any and all actions against us, judgments and awards shall be limited to compensatory damages and limited to actual out-of-pocket costs incurred and shall not include compensatory pain and suffering damages, punitive, incidental, special, consequential or other damages (collectively, “Special Damages”). You also waive all rights to claim Special Damages and all rights to have such damages multiplied or increased, to the extent permitted by law. Awards shall not include attorney’s fees, unless explicitly required by statue.
Enforceability. If our agreement to arbitrate any and all disputes, except relating to a violation or threatened violation of our intellectual property rights, is found to be void or unenforceable, venue shall be in the State of California only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the State of California.
You agree that you are solely responsible for any content (e.g., text, images, photographs, videos) and information that you upload, post, use, transmit or otherwise make available on or through this website (“User Content”).
In addition, we may obtain data such as name, image, voice, signature, statements and quotes, stories or anecdotes, personal or commercial attributes or identifying features, interior or exterior photographs, videos, or other depictions of premises, home or office, images of family, friends, or pets, stories, commercial attributes or identifying features (collectively “Media”), in connection with agreements with certain individuals, including our photo release form, likeness form, and location form, and we may use such Media on our website, with our other online activities, and/or in our marketing.
Although OkiOki has no obligation to screen, edit or monitor any of the User Content, user conduct, or Media on this website, OkiOki reserves the right, and has absolute discretion, to remove, screen or edit any User Content and Media and to monitor any user conduct on this website at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By posting User Content to this website or transmitting User Content through this website you hereby irrevocably consent to the unlimited reproduction, distribution, display, performance, and other use by OkiOki of your name; image; likeness; voice; username; caption; location information or other identifying information; biographical information; statements, quotes and stories; and any interior or exterior photographs or other depictions of your rooms, residence, home or office, which may or may not contain images of your family, friends, or pets (each, a “Likeness”), for any purpose, and in any format or medium now known or hereafter devised. OkiOki may, in its sole discretion, and without providing notice to or receiving consent from you, modify, change, adapt, or otherwise alter a Likeness. The rights granted under this paragraph are without compensation or notification to you of any kind, except as required by law. All User Content and Media becomes the property of OkiOki and OkiOki may use the User Content and Media for any purpose. See the Submissions section below for more information.
Our website may provide you and other users of our website with the opportunity to tell OkiOki and other users of our website what you think about our products or services (“Product Reviews”). If you create and post a Product Review, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and OkiOki does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Product Reviews shall not in any respect whatsoever modify any warranties, disclaimers, limitations or obligations of OkiOki. You agree that you are solely responsible for your use of Product Reviews, and that you use the Product Reviews at your own risk.
We may provide functionality on our website that allows you to chat with OkiOki representatives via our website (“Web Chat”). Your Web Chat with OkiOki shall not in any respect whatsoever modify any warranties, disclaimers, limitations or obligations of OkiOki. The user bears full responsibility for all contents, phrases and entries submitted by the user in connection with the use of Web Chat.
Submissions to OkiOki
Any and all materials you send or submit to us or a third party provider on this website, including, without limitation, comments, suggestions, Product Reviews, User Content, photos, or contest or sweepstakes entries (collectively, “Submissions”), shall become our property; and you hereby transfer and assign to us all of your right, title and interest in and to any such Submissions, including without limitation, any and all related copyrights, moral rights, trademarks, patents, trade secrets and/or other proprietary rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant OkiOki an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and publicly perform such Submission throughout the universe in any media, now known or hereafter devised. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. OkiOki shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
Media we obtain via agreements with certain individuals, including our photo release form, likeness form and location form, is OkiOki’s property and/or OkiOki has been assigned, granted or licensed use of such Media. OkiOki has the right to use, re-use, re-print, reproduce, edit, alter, enhance, copy, exhibit, publish or distribute in all forms of media and for any lawful purpose for an unlimited amount of uses over an unlimited time period. OkiOki shall be free to use Media for any purpose whatsoever without providing notice or receiving consent, and without restriction or compensation.
Third Party Providers of Functionality on the Website
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information provided by you, including any personal information, during the registration process may be used by us for notice purposes, including by way of illustration only, we may email you at the email address provided by you to give you notice.
We may use a third party to manage or process purchases made by you on our website. You agree and acknowledge that services rendered by such a third party to us are provided on an independent contractor basis and that nothing herein shall be construed as creating a joint venture, partnership or for sale agency by and between the third party and us.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and OkiOki. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of OkiOki.
If any provision of this Agreement shall be found invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to reasonably effect the intent of the parties.
Use of this site constitutes acceptance of our Terms & Condition. Copyright 2009 - 2022 by OkiOki. All rights reserved.