Terms & Conditions

For All Sales

Upon placement of any order, you will be required to pay a non-refundable deposit equal to 50% of the total product fee specified on the order form (not including any shipping fees). Production of the order begins upon receipt of the deposit amount. All orders will be produced within the lead time quoted with the order confirmation.

When the order has been produced and is ready for shipment, you will receive an email notification from Sirak. The remaining 50% of the total product fee (the "Balance") must be delivered to Sirak to proceed with product shipment. Upon your payment of the Balance, Sirak will notify you of the shipping timeframe via email within 7 business days following the Balance payment.

Returns

Each order is custom-made to specifications. Therefore, no returns will be accepted.

Damage

Damage must be reported in detail and in writing to Sirak via email within 3 days of your receipt of the product. Sirak is not responsible for the repair or replacement of damages reported after that time period lapses. Any return due to Damage must be returned in the original packaging materials in order to process the return. "Damage" means either (i) physical deterioration or harm to the product that occurred prior to the product's delivery or (ii) that the product does not function as set forth in the Order Form. Damage does not include slight variations in color or texture of the product. Except as set forth above, all products are shipped to you FOB origin.

Sirak is not responsible for the following

• The life and health of any plant material installed in the product;
• Changes in the appearance of the product after product delivery (for example, changes due to age or environmental conditions);
• Slight variations in color or appearance of the concrete or brass. These variations are inherent in the nature of some materials and are not considered a defect;
• Damage caused by improper installation or assembly by the customer or the customer's agents;
• Damage caused by improper cleaning solutions or methods (see Sirak website for cleaning guidelines);
• Any damage to customer property caused by the product (for example, damage to the surrounding floors, walls, or immediate environment due to drainage or plant material due to improper placement);
• Any costs of installation, removal, or re-installation of the plant material or product.

Third-Party Links & Ads

The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Sirak, and Sirak is not responsible for any Third-Party Links & Ads. Sirak provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.

You hereby release and forever discharge Sirak (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing.

Disclaimers

The Site and all products are provided on an "as-is" and "as available" basis, and Sirak (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Site or products will meet your requirements, or that the Site will be available on an uninterrupted, timely, secure, or error-free basis. If applicable law requires any warranties with respect to the Site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Indemnification

You agree to indemnify and hold Sirak (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. Sirak reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Limitation on Liability

To the maximum extent permitted by law, in no event shall Sirak (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site, even if Sirak has been advised of the possibility of such damages.

To the maximum extent permitted by law, our liability to you for any damages arising from or related to these Terms will at all times be limited to a maximum of fifty US dollars (U.S. $50). The existence of more than one claim will not enlarge this limit. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination

Subject to this Section, these Terms will remain in full force and effect (i) while you use the Site or (ii) beginning with any discussions with Sirak regarding a purchase or potential purchase, written or oral, and continuing for 12 months thereafter. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately.

General

These Terms are subject to occasional revision. If we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice or thirty (30) calendar days following our posting of notice on the Site. Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by them.

Dispute Resolution

Please read this Arbitration Agreement carefully. It is part of your contract with Sirak and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Applicability

All claims and disputes in connection with the Terms or the use of any product or service provided by Sirak that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis. This Arbitration Agreement applies to you and Sirak, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.

Notice Requirement and Informal Resolution

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Sirak should be sent to: 2800 Fairmount Street, Los Angeles, CA 90033. After the Notice is received, both parties may attempt to resolve the claim informally within thirty (30) days.

Arbitration Rules

Arbitration shall be initiated through the American Arbitration Association ("AAA"). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Each party shall bear its own costs and disbursements arising out of the arbitration.

Waiver of Jury Trial

The parties waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.

Waiver of Class Actions

All claims and disputes within the scope of this Arbitration Agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Small Claims Court

Notwithstanding the foregoing, either you or Sirak may bring an individual action in small claims court.

Courts

In any circumstances where the Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California.

Electronic Communications

The communications between you and Sirak use electronic means, whether you use the Site or send us emails, or whether Sirak posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Sirak in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Sirak provides to you electronically satisfy any legal requirement that such communications would satisfy if in hardcopy writing.

Copyright & Trademark

Copyright © 2020 Sirak, LLC. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information