Terms of Use

Draft — legal review required. These terms, especially the sections on returns, liability and governing law, must be checked by a lawyer before publication.

By using this website you agree to these Terms of Use. The site is operated by UPVOTERED LLC, a Massachusetts limited liability company, under the brand UPVOTEBLUE (“UPVOTEBLUE”, “we”, “us”), a home-textile studio at 78 Auckland St, Boston, MA 02125, USA. If you don’t agree, please don’t use the site.

What this site is for

This site presents the cushions, throws, rugs, curtains, upholstery, slipcovers and seat pads UPVOTEBLUE makes from indigo and denim fabrics. Through it you can request a quote or a fabric sample kit. There is no online shop and we take no payments through the site.

Photos, illustrations and color

• Photos and illustrations are for illustration only. The piece you receive may not match them exactly.
• Every screen shows color differently. If the exact shade matters, request a sample kit.
• Indigo varies from dye lot to dye lot and fades over time with use, friction, washing and sunlight. That is how the dye behaves and is not a defect in itself.
• Handmade and made-to-order pieces may have small size tolerances. Finished dimensions can vary by up to ±½ inch.

Quotes

• Sending a request through the site is asking for a quote, not placing an order.
• A quote, including its price and terms, is not binding until both sides have confirmed it in writing (email counts).
• Each quote states how long it is valid. Unless it says otherwise, a quote is valid for 30 days.
• Payment, production and delivery terms are agreed in writing for each order. As a rule: a 50% deposit when you confirm, by card (via Stripe) or bank transfer (ACH), and the balance before delivery. Delivery in Greater Boston is by us; elsewhere in the US by UPS Ground; abroad on request, with duties and taxes paid by the recipient.

Made-to-order work and returns

Much of what we make is sewn to your measurements and fabric choice. Made-to-order and custom items are generally non-returnable, except where they are defective or not made as agreed. If something arrives faulty or not as agreed, tell us within 14 days of delivery and we’ll repair it, remake it or refund you. Unused pieces in standard sizes and fabrics can be returned within 30 days of delivery for a refund, minus shipping. The deposit for a custom piece is non-refundable once we have cut the fabric; before that, you can cancel and get it back in full.

Nothing in these terms limits any rights you have under applicable consumer protection law that cannot be waived.

Sample kits

Sample kit requests are subject to their own terms. A sample kit costs $15, ships free within the US, and the $15 is credited toward your first order. Samples are yours to keep.

Your submissions

When you send us photos, sketches or files (JPG, PNG or PDF), you confirm you have the right to share them and allow us to use them to answer your request and carry out your order. We won’t publish them without your permission. How we handle them is described in our Privacy Policy.

Intellectual property

The text, photos, drawings, logo, the UPVOTEBLUE name and brand elements such as the red selvedge line belong to UPVOTEBLUE or its licensors and are protected by copyright and other laws. Don’t copy, reproduce or use them commercially without our written permission. Sharing for personal, non-commercial purposes is fine with a credit and a link.

UPVOTEBLUE and UPVOTERED are trademarks of UPVOTERED LLC.

UPVOTERED and other links

The site links to our sister brand UPVOTERED (wood and metal tables, shelves and lamps) and may link to third-party sites. UPVOTERED’s own terms and privacy policy are on its site. We aren’t responsible for the content or practices of third-party sites.

Disclaimers

The site and its content are provided “as is” and “as available”. We work to keep the information accurate and current, but to the extent permitted by law we make no warranties, express or implied, that the site will be uninterrupted, error-free or free of harmful components. Care and fabric advice on the site is general guidance; ask us about your specific situation.

Limitation of liability

To the extent permitted by Massachusetts law and other applicable law, UPVOTEBLUE is not liable for any indirect, incidental, special or consequential damages arising from your use of the site. Nothing in these terms excludes liability that cannot be excluded by law.

Nothing in these terms limits any rights you have as a consumer under Massachusetts law, including the Consumer Protection Act (M.G.L. c. 93A), that cannot be limited by agreement.

Governing law and venue

These terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law rules. Any dispute arising from these terms or the site will be brought in the state or federal courts located in Suffolk County, Boston, Massachusetts.

Changes

We may update these terms from time to time. The current version, with its last-updated date, is always on this page. Continuing to use the site after a change means you accept the updated terms.

Contact

UPVOTERED LLC (UPVOTEBLUE) · 78 Auckland St, Boston, MA 02125, USA · info@upvote.blue · +1 617 304 1330

You can also reach us through our contact page. See also our Cookie Policy.