Terms of service

OVERVIEW

Welcome to MaisonSofa! The terms "we", "us" and "our" refer to MaisonSofa, operated by BENETFILS LLC, a company incorporated in the State of New Mexico, USA (539 W. Commerce St, Dallas, Texas 75208).

MaisonSofa operates this website and online store, including all related information, content, features, tools, products and services (the "Services"), powered by Shopify.

These Terms of Service ("Terms") describe your rights and responsibilities when using the Services. They should be read together with our Privacy Policy, Return & Refund Policy, and Shipping Policy.

Please read these Terms carefully — they include important information about your legal rights, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or purchasing through our Services, you agree to be bound by these Terms. If you do not agree, please do not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own or manage.

To use the Services, including browsing our store or purchasing products, you may be asked to provide information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to accurately represent our products and services. However, please note that colors and product appearance may differ from how they appear on your screen, depending on your device type, screen settings, and configuration. We cannot guarantee color accuracy.

Product dimensions, materials, and finishes are provided as guidance and may vary slightly due to the handcrafted nature of our products.

We do not warrant that the quality of any products purchased will meet your expectations beyond what is expressly stated in our product descriptions.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. MaisonSofa reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until MaisonSofa sends you an order confirmation email. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting. Cancellation requests submitted within 24 hours of order confirmation may be honored at our discretion. To request a cancellation, contact us immediately at contact@maisonsofa.com.

In the event that we do not accept, modify, or cancel an order, we will notify you by contacting the email, billing address, and/or phone number provided at the time of the order, and any payment collected will be refunded in full.

Your purchases are subject to our Return & Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as confirmed in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, or import duties. Any additional charges will be calculated and displayed at checkout.

You agree to provide current, complete, and accurate payment information for all purchases. You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment method; (iii) charges incurred will be honored by your payment provider; and (iv) you will pay all charges incurred, including any applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping is subject to our Shipping Policy, which provides full details on delivery zones, estimated timeframes, costs, and carrier information.

All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, weather, or events outside our reasonable control.

Once we transfer your products to the carrier, title and risk of loss passes to you. We recommend that you inspect your delivery upon receipt and report any damage or missing items within 5 business days of delivery by contacting contact@maisonsofa.com with photographic evidence.

SECTION 6 - RETURNS AND REFUNDS

All returns and refunds are governed by our Return & Refund Policy, which forms part of these Terms.

Returns are accepted within 30 days of delivery, subject to conditions in our Return & Refund Policy. Return shipping costs are the responsibility of the customer unless the item is defective or incorrect.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, images, graphics, product designs, video, and audio, are owned by MaisonSofa, its affiliates, or licensors, and are protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.

MaisonSofa's names, logos, and product names are trademarks of MaisonSofa or its affiliates. You must not use such trademarks without prior written permission. All rights not expressly granted herein are reserved by MaisonSofa.

SECTION 8 - OPTIONAL TOOLS

You may be provided access to tools offered by third parties as part of the Services. We neither monitor nor control these tools. We provide access to such tools "as is" and "as available" without any warranties or endorsement. We shall have no liability arising from your use of optional third-party tools.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain hyperlinks to third-party websites. We are not responsible for the content or accuracy of any third-party websites. If you choose to access third-party sites, you do so at your own risk. Complaints regarding third-party products or services should be directed to the relevant third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

MaisonSofa is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases are made directly with MaisonSofa (operated by BENETFILS LLC). By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and MaisonSofa. You hereby expressly release Shopify and its affiliates from all claims arising from your purchases and transactions with MaisonSofa.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read and understood our Privacy Policy.

As the Services are hosted by Shopify, Shopify also collects and processes certain personal information in order to provide and improve the Services. Information submitted to the Services may be transmitted to and shared with Shopify and third parties in other countries.

SECTION 12 - FEEDBACK

If you submit ideas, suggestions, feedback, or reviews ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, and distribute such Feedback for any purpose, including to operate, improve, and promote the Services.

You represent and warrant that you own or have all rights to your Feedback, and that your Feedback complies with these Terms. You are solely responsible for the accuracy of your Feedback.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any such errors and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice.

SECTION 14 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services:
(a) for any unlawful or malicious purpose;
(b) to violate any applicable laws or regulations;
(c) to infringe upon our intellectual property rights or those of others;
(d) to harass, abuse, harm, or intimidate any person;
(e) to transmit false or misleading information;
(f) to send unsolicited advertising or spam;
(g) to impersonate any person or entity;
(h) to upload malicious code or viruses;
(i) to scrape or collect personal information of others without consent; or
(j) to interfere with the security features of the Services.

We reserve the right to suspend or terminate your account at any time, without notice, if you have violated any part of these Terms.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services at any time without notice, at our sole discretion. You will remain liable for all amounts due up to and including the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy Policy.

SECTION 16 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY MAISONSOFA OR AS REQUIRED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAISONSOFA, BENETFILS LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MaisonSofa, BENETFILS LLC, Shopify, and our affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of: (1) your breach of these Terms; (2) your violation of any law or rights of a third party; or (3) your access to and use of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with our Privacy Policy, Return & Refund Policy, and Shipping Policy, constitute the entire agreement between you and MaisonSofa regarding your use of the Services, and supersede any prior agreements, communications, or proposals between you and us.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to conflict of law principles. You and MaisonSofa consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website.

We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect their interpretation.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be directed to:

MaisonSofa (operated by BENETFILS LLC)
Email: contact@maisonsofa.com
Address: 539 W. Commerce St, Dallas, Texas 75208, USA
Phone: +1 917 718 4212

We aim to respond to all inquiries within 2 business days.