Terms and Conditions
CROFT HOUSE TERMS AND CONDITIONS
Each piece of our furniture is specially manufactured for you after you place your order. In this way, our furniture is different from most merchandise available on the Internet. Because our furniture is custom made to your specifications, it is not suitable for resale in the ordinary course of business. Therefore, once your order has been placed and payment of your deposit has been authorized, your order may not be cancelled beyond 24 hours. Please read these terms and conditions of use and purchase carefully. By receiving this you agree to the terms and conditions of use stated here and by placing an order you agree to the terms and conditions of purchase stated here. We reserve the right, at our discretion, to update, change, modify, add or remove portions of these terms and conditions at any time.
Summary of Some Key Terms and Conditions - Our furniture cannot be cancelled or returned after the order has been placed and payment of the deposit authorized. You may request changes in your order within 48 hours of placing an order. Requests may be considered beyond this time period, but will be implemented upon our discretion. We ship within four to six weeks of your order being placed, but do to the nature of reclaimed materials and custom pieces additional time may be needed to complete the order. This does not guarantee a timeline of 4 – 6 weeks. We ship anywhere within the continental United States. We do not currently ship to destinations outside the continental United States. We have limits on our liability, as stated here. We are not obligated to take or fulfill any order. This agreement and our policies, pricing and products are subject to change and are effective as of their posting. This agreement is governed by the laws of the State of California. Any designs, creative concepts or intellectual property submissions become our property. Acknowledgement and Acceptance of Terms of Purchase By receiving this email/invoice/receipt, you agree to be bound by the terms and conditions stated in this agreement.
IF YOU HAVE ALREADY PLACED AND ORDER AND DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU HAVE 24 HOURS FROM THE TIME OF PURCHASE TO CANCEL YOUR ORDER. CANCELED ORDERS ARE SUBJECT TO 5% PROCESSING FEE.
Binding Arbitration -Buyer becomes obligated to purchase the furniture ordered, and otherwise as set forth in these terms and conditions, effective upon Buyer placing the order and Seller obtaining authorization to charge the deposit on the order. No further confirmation, writing or communication between Buyer and Seller is necessary in order for Buyer to become obligated to perform. Applicable taxes, shipping & delivery are added to Buyer's invoice in the form of a one-time payment that is charged to Buyer prior to shipment. Buyer is obligated to accept delivery within 14 calendar days of being advised by Seller (by telephone, email or in writing) that Seller is prepared to deliver. Buyer will be responsible for all expenses incurred by Seller for the warehousing, storage and disposal of merchandise in the event that Buyer does not accept delivery within 14 calendar days of Seller notifying Buyer that Seller is prepared to deliver. Buyer is obligated to immediately notify Seller of any delay in Buyer's ability to take delivery. Such notice shall not, however, excuse Buyer of Buyer's obligation to take timely delivery as provided herein or to pay expenses as provided herein. In the event that Buyer fails to take delivery within 30 days of Seller notifying Buyer that Seller is prepared to deliver, Seller's obligation to deliver, and all further obligations of Seller, shall terminate.
Changes to Orders - Once Buyer has placed an order and Seller receives credit card authorization for the minimum 50% non-refundable deposit, Buyer may, within 48 hours, telephone Seller and request changes in the order. The Buyer may request Seller's agreement to change orders; Buyer may not cancel the order. Seller reserves the right to agree to or decline any requested changes due to availability of materials or any other reason. If Seller agrees to make changes, the pricing of the furniture ordered will be adjusted according to Seller's pricing in place at the time the changes are requested.
Force Majeure - Seller shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Seller's reasonable control, including, without limitation, mechanical, electronic, communications failure or degradation. Seller is not responsible or liable for delay resulting from, or contributed to by fire, embargo, strike, differences with workmen, acts of God, war, or the adoption or enactment of any law, ordinance, regulation, ruling or order which delays production or delivery. Seller is not responsible for delays in materials, failures in transportation or any other circumstances beyond Seller's control. In the event that any one or more deliveries of materials or labor are suspended or delayed, Buyer agrees that shipping and delivery of merchandise is deferred but not cancelled.
Governing Law - These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Inspection of Goods - Buyer agrees to inspect the goods at the time of delivery to determine whether they (1) conform to Buyer's specifications and are free of manufacturing defects; and, (2) are delivered in good condition and without damage. Buyer is required to document any non-conformance in the goods delivered and any shipping damage on the bill of lading, which will arrive with the delivery. Seller shall have a reasonable time to repair or replace damaged or non-conforming goods, or refund, as set forth in the warranties section, above.
Limitations on Liability - Buyer's remedies for breach of this agreement including, without limitation, breach of any warranty of any kind which is a part of this agreement, shall be limited to Seller's repair or replacement of the goods, or refund of the total amount paid to Seller, at Seller's election. Buyer shall not in any event be entitled to recover consequential damages against Seller if delivery of item does not fit within desired timeline and therefore is unavailable for an event or function. Further, Seller shall not be liable for any damages, whether for negligence or otherwise, arising out of, or in connection with, the use or character of Seller's products. These limitations extend to and include direct, indirect, special, punitive, incidental, exemplary and consequential damages arising out of the use, inability to use and performance of database provision of information, products and materials. Given the nature of the products offered, Buyer agrees that these limitations are reasonable.
Manufacturing Tolerance - To be consistent with industry standards, Seller guarantees that each custom furniture order is manufactured within a tolerance of two inches (2") for any dimension based on Buyer's specifications.
Modifications to Terms of Service - Seller may change these terms and conditions from time to time without prior notice. Seller reserves the right to modify or discontinue the service of providing custom furniture at any time, without further notice. Seller shall not be liable to Buyer or any third party should Seller exercise its right to modify or discontinue service. The terms hereof, supercede Buyer's previous orders from Seller and visits to this web site, if any.
Order Acceptance - The availability of materials varies from time to time. As a consequence of these and other factors, Seller is not obligated to take or fill every order placed or called in and Seller reserves the right to decline any particular order(s), to cancel and refund due to unavailability of materials or delays or any other reason or to offer replacement goods, each at Seller's election. A minimum 50% non-refundable deposit is due on all orders at the time the order is placed by telephone. The dollar amount of this deposit is based on the pre-tax product total of the merchandise (not including promotional discounts or credits). The remaining balance (including tax, shipping & delivery and less promotional discounts or credits) is due upon delivery/ ship date. All orders shipped and delivered to a California zip code are taxed at the California base tax rate of 9.75%, with the exception of orders shipped and delivered to locations within Los Angeles, which are charged applicable special district sales tax. Buyer may make payments of the deposit and all later payments by Visa, MasterCard, Discover, or American Express, personal checks, and cash.
Returns - No merchandise may be returned to Seller without Seller's written consent. Unauthorized returns will not be accepted and will be refused or returned freight collect. Seller is under no obligation to authorize any return even if Buyer has noticed Seller of a return in writing. Seller ships within four to six weeks from the date Buyer places the order, excluding transportation time from Seller's warehouse to Buyer's delivery address and installation time.
Shipping and Delivery - All shipments are F.O.B. California. Seller shall make all delivery arrangements on Buyer's behalf. All shipping & delivery charges are paid to Seller by Buyer in addition to the stated purchase price. Unless otherwise stated, promotions and discounts DO NOT apply to shipping & delivery charges.
Submissions - By submitting to Seller (by telephone, electronically, in writing or otherwise) orders, specifications, ideas, words, images, inventions, suggestions, artwork or materials ("Submissions"), User grants Seller a royalty-free irrevocable license to use, reproduce, modify, adapt, publish, translate, develop, produce, sell, distribute and display in full or in part the Submission in any form, in perpetuity. The nature of the Internet is worldwide so User's Submissions may receive international exposure and User understands that User's Submissions may appear in any form, media, or technology without any notice or compensation to User.
Materials Discloser - Due to the nature of our products, color, texture, and all other characteristics of our material vary widely. We strongly urge you to view all or our products to familiarize and understand this variation. By placing an order, you agree to this variation.
Product Warranty - Croft House stands by its craftsmanship and materials, however due to the nature of our materials, any claims must be made at time of delivery or pick up, and item must be refused by buyer at this time. Once item is accepted, no buyer waives right to file a warranty claim.