Website use conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
These Website Terms of Use ("Terms") govern your access to and use of the website carlenagallery.com and any related subdomains, mobile applications, or digital platforms (collectively, the "Website") operated by Carlena LLC, a Virginia limited liability company doing business as Carlena Gallery ("Carlena," "Company," "we," "us," or "our"). By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.
1. About the Website
1.1 Purpose
The Carlena Gallery Website serves as a curated digital showroom showcasing mid-century modern Italian design furniture from the 1950s through 1970s. The Website is intended to provide information about our collection, services, and expertise, and to facilitate inquiries from prospective clients.
1.2 Not an E-Commerce Platform
The Website is not an e-commerce platform. Products displayed on the Website are not offered for direct online purchase. All transactions are conducted through private negotiation following initial inquiry. Displaying a product on the Website does not constitute an offer to sell, and prices shown are indicative only. For information regarding sales transactions, please refer to our separate Terms and Conditions of Sale.
1.3 Relationship to Other Documents
These Terms govern your use of the Website only. Transactions for the purchase, rental, or engagement of services are governed by our Terms and Conditions. Our collection and use of personal data is governed by our Privacy Statement. These documents are available on the Website and are incorporated herein by reference.
2. Eligibility and Access
2.1 Age Requirement
The Website is intended for users who are at least eighteen (18) years of age. By using the Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding agreements. If you are under 18, you may not use the Website.
2.2 Geographic Availability
The Website is operated from the United States and is intended primarily for users in the United States and the European Union. We make no representation that the Website or its content is appropriate or available for use in other locations. Users who access the Website from other jurisdictions do so at their own risk and are responsible for compliance with local laws.
2.3 Access Rights
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to: (a) modify or copy the Website or its content; (b) use the Website for any commercial purpose without our prior written consent; (c) access the Website through automated means (bots, scrapers, etc.); or (d) circumvent any access restrictions or security measures.
3. User Accounts
3.1 Account Registration
Certain features of the Website, including the Trade Client portal, Wishlist functionality, and access to detailed product information, require registration for a user account. To register, you must provide accurate, current, and complete information as requested in the registration form.
3.2 Account Types
The Website offers the following account types:
• Standard Account: Available to all users, providing access to Wishlist features and product information downloads.
• Trade Account: Available to verified interior design professionals, architects, dealers, and other trade clients. Trade Accounts may provide access to additional features, trade pricing information, and exclusive content. Carlena reserves the right to verify trade credentials and approve or deny Trade Account applications at its sole discretion.
3.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) create a strong, unique password; (b) not share your login credentials with any third party; (c) notify us immediately of any unauthorized access or security breach; and (d) log out of your account at the end of each session when using shared devices.
3.4 Account Termination
We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to: violation of these Terms, suspected fraudulent activity, extended period of inactivity, or at our sole discretion. You may also request deletion of your account by contacting us at privacy@carlenagallery.com.
4. Website Features and Functionality
4.1 Product Listings
The Website displays information about products in our collection, including photographs, descriptions, dimensions, attributions, and indicative pricing. While we endeavor to present accurate information, all product details are subject to change without notice. Photographs may not accurately represent color, scale, condition, or other characteristics. Product availability is not guaranteed, and items may be sold or withdrawn at any time.
4.2 Reserve Function
The Website may include a "Reserve" or similar function allowing users to express interest in a product. Using the Reserve function does not constitute a purchase, create a binding obligation, or guarantee product availability. Reserved items remain available for sale to other parties. The Reserve function initiates a non-binding inquiry, and any subsequent transaction is subject to our Terms and Conditions of Sale.
4.3 Wishlist
Registered users may save products to a personal Wishlist for future reference. The Wishlist is provided for convenience only. Inclusion of an item on your Wishlist does not reserve, hold, or guarantee the availability of that item. Items may be sold or removed from the collection at any time.
4.4 Downloadable Content
The Website may offer downloadable content, including product sheets, catalogs, and informational materials in PDF or other formats. Such content is provided for personal, non-commercial use only. Downloaded materials remain the property of Carlena and are subject to the intellectual property provisions of these Terms.
4.5 Newsletter
Users may subscribe to our newsletter to receive updates about new acquisitions, events, and other information. By subscribing, you consent to receive electronic communications from Carlena. You may unsubscribe at any time by clicking the unsubscribe link in any newsletter or by contacting us at info@carlenagallery.com. Newsletter subscriptions are also subject to our Privacy Statement.
4.6 Contact and Inquiry Forms
The Website provides forms for contacting us and submitting inquiries. By using these forms, you agree to provide accurate information and consent to our use of that information to respond to your inquiry. We are not obligated to respond to all inquiries.
5. Intellectual Property
5.1 Carlena's Intellectual Property
The Website and all of its content, including but not limited to text, photographs, images, graphics, logos, icons, designs, layout, software, code, and the selection and arrangement thereof (collectively, "Content"), are the exclusive property of Carlena or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.
5.2 Trademarks
"Carlena," "Carlena Gallery," the Carlena logo, and other marks displayed on the Website are trademarks or service marks of Carlena LLC. You may not use any Carlena trademark without our prior written permission. Other trademarks, service marks, and trade names appearing on the Website are the property of their respective owners.
5.3 Photography and Product Images
All photographs of products on the Website are the property of Carlena. These photographs represent significant investment in professional photography, styling, and post-production. You may not reproduce, copy, distribute, modify, display, or create derivative works from any photographs without our express written permission. Unauthorized use of our photographs may result in legal action.
5.4 Research and Descriptions
Product descriptions, historical research, attribution information, and other textual content represent original work by Carlena's team. This content is protected by copyright and may not be reproduced without permission.
5.5 Limited License for Personal Use
You may view, download, and print Content from the Website solely for your personal, non-commercial use, provided that you: (a) keep intact all copyright and proprietary notices; (b) do not modify the Content; (c) do not use the Content in a manner that suggests association with or endorsement by Carlena; and (d) do not use the Content for any commercial purpose.
5.6 DMCA Notice
If you believe that any content on the Website infringes your copyright, please notify us in writing at legal@carlenagallery.com with the following information: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good faith belief that the use is unauthorized; and (e) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.
6. User Conduct
6.1 Acceptable Use
You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:
• Use the Website in any way that violates any applicable law or regulation;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Interfere with or disrupt the Website or servers or networks connected to the Website;
• Attempt to gain unauthorized access to any part of the Website, other accounts, or computer systems;
• Use any robot, spider, scraper, or other automated means to access the Website;
• Collect or harvest any personally identifiable information from the Website;
• Use the Website to transmit any malware, viruses, or harmful code;
• Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Website;
• Use information obtained from the Website to contact, advertise to, or solicit any user without their consent;
• Frame, mirror, or use similar techniques to make it appear that any part of the Website is part of another website.
6.2 Commercial Use Prohibited
The Website is provided for personal, non-commercial use. You may not use the Website, its Content, or information obtained from the Website for any commercial purpose, including but not limited to: reselling products, creating competing listings, developing derivative products or services, or any form of commercial exploitation, without our express written consent.
7. User-Generated Content
7.1 Submissions
Certain features of the Website may allow you to submit, upload, or transmit content, including but not limited to inquiry forms, account information, and communications with our team ("User Content"). By submitting User Content, you represent and warrant that: (a) you own or have the necessary rights to submit the content; (b) the content is accurate; (c) the content does not violate these Terms or any applicable law; and (d) the content does not infringe any third-party rights.
7.2 License to Carlena
By submitting User Content, you grant Carlena a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the operation of our business. This license survives termination of your account.
7.3 Monitoring
We have no obligation to monitor User Content but reserve the right to review, edit, or remove any content at our sole discretion. We may disclose User Content to comply with legal obligations or protect our rights.
7.4 Prohibited Content
You may not submit User Content that: (a) is defamatory, obscene, offensive, or hateful; (b) promotes illegal activity; (c) infringes any intellectual property or privacy rights; (d) contains personal information of third parties without consent; (e) contains viruses or malicious code; or (f) is spam or unsolicited advertising.
8. Disclaimers
8.1 "As Is" Basis
THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, Carlena disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
8.2 No Guarantee of Availability
We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee that any defects will be corrected or that the Website or servers are free of viruses or other harmful components.
8.3 Content Accuracy
While we endeavor to provide accurate information, we make no warranty regarding the accuracy, completeness, reliability, or currency of any Content on the Website. Product descriptions, attributions, dimensions, pricing, and availability are subject to change without notice and may contain errors. You acknowledge that any reliance on Website Content is at your own risk.
8.4 Product Condition
Products displayed on the Website are vintage items, typically 50 to 75 years old. Photographs may not accurately represent actual condition, color, size, or other characteristics. All products are sold "as-is" subject to our Terms and Conditions of Sale. The Website should not be used as the sole basis for purchasing decisions.
8.5 Attributions and Authenticity
Attributions of products to specific designers, manufacturers, periods, or origins represent our professional opinion based on available information and research. Such attributions are not guaranteed and do not constitute warranties of authenticity. Opinions regarding attribution may differ among experts and may change as new information becomes available.
8.6 Professional Advice
Content on the Website is provided for informational purposes only and does not constitute professional advice regarding investment, valuation, authentication, restoration, or any other matter. You should consult appropriate professionals before making decisions based on information obtained from the Website.
8.7 Third-Party Information
The Website may include information sourced from third parties, including historical references, designer biographies, and market information. We do not verify, endorse, or assume responsibility for the accuracy of any third-party information.
9. Limitation of Liability
9.1 Limitation
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARLENA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, arising out of or related to your use of or inability to use the Website, even if we have been advised of the possibility of such damages.
9.2 Cap on Liability
IN NO EVENT SHALL CARLENA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE WEBSITE EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100).
9.3 Basis of the Bargain
The limitations and exclusions in this section reflect the allocation of risk between you and Carlena, form an essential basis of the bargain between us, and will apply even if any limited remedy fails of its essential purpose.
9.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Carlena and its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Website; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; (d) any User Content you submit; or (e) your violation of any applicable law or regulation.
11. Cookies and Analytics
11.1 Use of Cookies
The Website uses cookies and similar tracking technologies to enhance your browsing experience, analyze Website usage, and support our operations. Cookies are small text files stored on your device that help us recognize you and remember your preferences.
11.2 Types of Cookies
We use the following categories of cookies:
• Essential Cookies: Required for the Website to function properly, including authentication, security, and accessibility features. These cannot be disabled.
• Functional Cookies: Remember your preferences and settings (such as language, region, and display preferences) to enhance your experience.
• Analytics Cookies: Collect information about how visitors use the Website, including pages visited, time spent, and navigation patterns. This information helps us improve the Website. We use [analytics provider(s) to be specified] for this purpose.
11.3 Cookie Consent
When you first visit the Website, you will be presented with a cookie consent banner allowing you to accept or manage your cookie preferences. For visitors from the European Union, we obtain consent before placing non-essential cookies. You may update your preferences at any time through the cookie settings link in the Website footer.
11.4 Managing Cookies
You can also control cookies through your browser settings. Most browsers allow you to refuse cookies, delete existing cookies, or be alerted when cookies are being sent. Please note that disabling cookies may affect Website functionality and your ability to access certain features.
11.5 Additional Information
For detailed information about how we collect, use, and protect your personal data, including data collected through cookies, please refer to our Privacy Statement.
12. Modifications
12.1 Changes to These Terms
We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will update the "Effective Date" at the top of this page and, where appropriate, notify registered users by email. Your continued use of the Website after any modification constitutes your acceptance of the modified Terms.
12.2 Changes to the Website
We may modify, suspend, or discontinue any part of the Website at any time without notice. We may also impose limits on certain features or restrict access to parts of the Website. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.
13. Termination
We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Website ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of laws principles.
14.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Website shall be resolved as follows:
(a) Informal Resolution: You agree to first attempt to resolve any dispute informally by contacting us at legal@carlenagallery.com.
(b) Arbitration: If informal resolution is unsuccessful within thirty (30) days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Richmond, Virginia.
(c) Small Claims: Notwithstanding the foregoing, either party may bring an individual action in small claims court.
14.3 Class Action Waiver
YOU AND CARLENA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Statement and Terms and Conditions of Sale (to the extent applicable), constitute the entire agreement between you and Carlena regarding the use of the Website.
15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15.3 No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
15.4 Assignment
You may not assign any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
15.5 Headings
Section headings are for convenience only and shall not affect the interpretation of these Terms.
15.6 Contact for Legal Notices
Legal notices should be sent to:
Carlena LLC
Attn: Legal Department
8603 River Road
Richmond, VA 23229-8301
United States
Email: info@carlenagallery.com
16. Contact Us
If you have any questions about these Terms, please contact us:
General, privacy, legal and cvopyright/DMCA Inquiries: info@carlenagallery.com
Website: www.carlenagallery.com
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Last Updated: 12/02/2025
By using carlenagallery.com, you acknowledge that you have read and agree to these Terms.