General Terms & Conditions
Overview
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the “heirloomcustomwoodworking.com” website (the "Service") operated by Heirloom Custom Woodworking LLC ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Heirloom Custom Woodworking LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Heirloom Custom Woodworking LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Heirloom Custom Woodworking LLC.
Heirloom Custom Woodworking LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Heirloom Custom Woodworking LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Heirloom Custom Woodworking LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Heirloom Custom Woodworking LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Heirloom Custom Woodworking LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Custom Order Terms & Conditions
Definitions
Contract – The Contract between the Customer and the Company
Contract Price – The amount charged by the Company to the Consumer for the Work, Product Design and/or any additional items and charges made.
Company – Heirloom Custom Woodworking LLC
Customer – The customer purchasing a Unit/Units from the Company
Design Deposit- The non-refundable payment to be determined by Company for Product Design. Design Deposit must be paid before any technical drawings are produced. Any surplus payment paid to the Design Deposit may be rolled into Product Deposit.
Fitter – A Company employee who will attend on Site to install the Unit.
Change Order – A change made after approval of the Quotation by the Customer, which affects the configuration of the design, materials and/or the construction methods or techniques. All Changes Orders may incur additional charges. The Company has final say as to whether a Change Order will be approved or incur additional charges.
Order – Payment of the Design Deposit and Product Deposit and written confirmation by the Customer that they want to proceed with the Contract.
Product Deposit – The non-refundable payment of 50% of the remaining Contract price. The Product Deposit must be paid before any Work begins.
Product Design-The creation of a concept for a Unit, which may include but not limited to: 3D drawings, measurements, building plans, specifications and list of materials.
Quotation – The description of the works and the Contract price offered for those works by the Company to the Customer as referred to in Clause 3.
Site – The location (usually the room) where installation of the Units is to be. The Customer must clear the Site prior to installation, and also prior to measurement if a specific appointment for measurements is arranged. If not there will be an hourly charge imposed for the delay clearing the Site causes to the installation schedule.
Terms – These terms and conditions, which apply to all Contracts unless otherwise stated.
Unit – The Company’s product, which may be installed at Site by its Fitters.
Work – Creation and installation for the Unit(s) and any additional goods and services provided by the Company to the Customer under the Contract. Work does not include Product Design.
General
Custom Order Terms and Conditions is not independent of any policies within Heirloom Custom Woodworking LLC General Terms & Conditions or Shipping & Returns. The Customer is referred to the “Custom Order Process” section on the Company’s website for an overview of the normal process. The Company may change this process from time to time or in respect of individual Contracts at its discretion. All Contracts between the Company and its Customers are subject to these Terms. In placing an Order with the Company the Customer accepts the application of these Terms to the Contract and the Terms will become binding on the Company and the Customer in respect of their Contract from the date of the Order. The Company’s Product Design and Work for each Customer is unique. The Company will not refund the Design Deposit or Product Deposit once paid, unless a request for such a refund is made prior to any Product Design or Work being undertaken in relation to the Order. These Terms take precedence over any oral or written statement, which is to the contrary, except that their application to the Contract may be amended in writing by a director of the Company. These Terms are the only terms which apply to the Contract. The Company may revise these Terms from time to time. If the Company revises these Terms, the Company will give all Customers at least one month’s written notice by email of any changes to the Terms before they take effect.
Quotations
A Quotation is an offer from the Company to the Customer to carry out the Work described in the Quotation for the Contract price. Quotations and revised Quotations remain valid for 14 days from the date of issue. Each revision of a Quotation contains a fully detailed Quotation for the proposed works. Quotations are a complete description of the work quoted for and no item or feature will be included in the Unit(s) or in the Work more generally unless expressly stated in in the Quotation to be included. If a Customer wants to accept the offer for Works contained in a Quotation and enter into a Contract with the Company he must place his Order by paying the Company the full amount of the Product Deposit as stated in the Quotation. By paying the Product Deposit the Customer will be deemed to have accepted these Terms and the specification for the works in last revision of the Quotation, unless stated otherwise.
Payment and Charges
All Orders not exceeding $750 must be paid in full upon placing the Order. For Orders exceeding $750, 50% Product Deposit must be paid upon placing the order. The Product Deposit is non-refundable. Customers are therefore asked to carefully review and check the contents of the Quotation before placing the Order. 90% of the total Contract Price must be paid no later than the day before the first day of installation and prior to commencement of any works on site. The final 10% will be invoiced upon completion of the project. All additional charges incurred during the project (such as delay and clearing charges) must be paid within 7 days of being invoiced. Interim invoices to the value of work completed may be issued at any time. All such invoices must be paid within 7 days without deduction or set-off being made by the Customer for any reason. Any and all late payment of any invoices may be subject to interest from the date the payment is due at the daily rate of 4%. Late payment of interim invoices may cause delays in completion of the works.
Technical drawings
All drawings, calculations, brochures and other design information produced by the Company shall remain the property of the Company and must not be copied without prior approval or the Company. Drawings, once approved, are for the Company’s use only and the Company will not be liable for the consequences of their use by any third party or for any third party’s reliance upon the accuracy of the drawings.
Ordering Custom Products/Personal Delivery
The Order, and Contract Price, is as detailed in the Quotation. Once the Order has been placed any Change Order to the Work described in the Quotation, may result in a change to the Contract Price, unless expressly agreed otherwise. By making Change Orders to the design the Customer agrees to be liable for these additional charges, which will be notified to the Customer and charged in an interim or final invoice. Once the Product Design and all other necessary details for manufacture are approved, the Company will give its best estimate for the week commencing date for the likely installation date for the Order. The actual day for commencement of the installation is not likely to be fixed until the week before, once the schedule for installation for that week has been finalized. The Company will make reasonable endeavors to keep to its estimated installation date but will not be liable for any loss or damage direct or indirect of any kind resulting from its failure to meet the estimated installation date. Failure to meet the agreed estimation installation date is not a breach of Contract by the Company. The Company reserves the right, at its complete discretion, to delay delivery of material to Site and delay installation where it considers that the site is not ready for such installation or the sums invoiced have not been paid in full. No storage charges will be charged for Units, whether ready for early installation or standard installation, until the end of the week which was given following approval of all technical information as the estimation date following payment of the Deposit. Thereafter storage charges may become payable if the Customer causes delay to the installation.
Product Installation
There must be a Power Supply (of 120 volts) at the Site, which is free for use by the Fitters who attend site to install the Units. The Site must be free of all unwanted items, clear and ready for installation prior to installation taking place. Clearing and preparation of the Site for installation is not included in the Quotation. In particular, removal and disposal of existing Units is not included in the price quoted for installation unless expressly included in the Quotation. Should the Site not be clear as at the pre-agreed date and time for installation a charge of $200 + Tax per square yard will be applied for Heirloom Custom Woodworking fitters to clear the area. The Fitters installing the Units have absolute discretion to refuse to undertake clearance of the Site. Removal services, if provided, will not include making good remaining surfaces, unless expressly included in the Quotation for works. Heirloom Custom Woodworking will not be responsible for any repairs or works needed once removal is complete. Delays to the Fitter’s work on site caused by the customer or by any third party, such as other tradesmen working at the same location, will be charged at $30 per man per hour. This includes delay as a result of the location not being clear and ready for the installation. Installation may cause minor damage to walls, floors, ceilings, objects and surrounding surfaces close to the location at the installation. Fitters will take reasonable steps to protect the location from damage but this cannot be guaranteed. Customers may need to undertake minor redecoration and re-plastering at their own expense following installation and are advised to take measures to avoid such damage, for example by ensuring that wardrobes are installed prior to walls being painted in any renovation works and protecting wood flooring. Our fitters will take reasonable precautions in their work installing Units, however, any electrical cables, pipework etc located in the area where the fitters are working must be clearly indicated to the fitters prior to them starting work on the installation. The Company will not accept responsibility for any damage caused to electrical cables, pipework etc by fitters in carrying out the installation, as a result, for example) of drilling or hammering through or otherwise rupturing such cables and pipework. We recommend that clients mark areas of wall which have such cables and pipework behind them. The Company will not be liable for making good any damage caused by third parties during or after installation of the Units. The Company’s Fitters will make reasonable attempts to keep the Site tidy but the Customer should expect that there will necessarily be dust, tools and materials on Site during the installation. Following installation, the Company’s Fitters will clean the Site and will remove the majority of the dust and rubbish. However, if the Customer requires the Site to be cleaned to a professional level then this can also be arranged, using an external Contractor, at an additional cost which will be added to the final invoice.
Specification and Quality
Paint colors mixed to match a sample or example provided by the Customer will be matched as close as possible to that sample or example but color matching is not guaranteed. Wood grain & color supplied in order to match a sample or example provided by the Customer will be matched as close as possible but exact matching is not guaranteed.
Suspension and Termination
If the Customer fails to make any payment as and when it falls due the Company shall be entitled to suspend performance of its obligations under the Contract. Following suspension, the Customer shall also be liable for the interest on the outstanding invoice(s), which must be paid in full before the Company will resume performance of its obligations under the Contract.
Title and Risk
All materials and finished Units and other Work product remains the property of the Company until full payment, including payment of all additional charges incurred, has been made. Once full payment is made title shall pass to the Customer. Once delivered to the Site it is the responsibility of the Customer to insure the Units (and component parts of the Units) and to take care of them until the Units are installed, full payment is made and title has passed.
Disclaimers and Limitation of Liability
The total liability of the Company to the Customer shall not exceed the value invoiced for them for the Works. The Company shall not be liable for loss of profits, loss of revenues, loss of amenity or any other type of special or indirect or consequential loss suffered by the Customer as a result of any act or omission by the Company. Nothing in these terms and conditions shall exclude or purport to exclude the Customer’s statutory rights. If the Customer is two or more persons then the Customer’s liability under the Contract shall be joint and several. Any failure or delay by the Company to enforce these Terms shall not be and should not be understood as a waiver of the Company’s rights to enforce such Terms. No third parties shall accrue any benefit or entitlement to enforce the Contract between the Company and the Customer by virtue of the Contracts (Rights of Third Parties) Act 1999. To the extent permitted by law the Company shall not be liable for any error or misrepresentation arising from printing or clerical errors in Quotations, invoices or other documentation or any other errors made in good faith.
Events outside our control
The Company is not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our reasonable control. If an event outside of our control takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you and the Company’s obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control.
Shipping & Returns
RETURNS POLICY
All Sales are final. However, if an issue arises the following policy should address all problems.
Customers who wish to cancel a non-custom order prior to shipping will receive store-credit.
Customers who wish to return a product purchased directly from Heirloom Custom Woodworking LLC should follow these steps:
Contact Heirloomcustomwoodworking@gmail.com within 3 days of receipt of the product
Obtain Return Authorization and shipping instructions from Heirloom Custom Woodworking LLC
Return the item to Heirloom Custom Woodworking LLC in new, unused condition for exchange, or store-credit (less shipping and handling fees and a 20% restocking fee)
Products cannot be returned if:
A product has been personalized in any way: custom items not offered on the website, name, initials, etc.
The product has any visible wear or use
The customer has retained ownership passed the 3-day return period
Shipping Policy/Delivery Policy
Heirloom Custom Woodworking LLC determines the most efficient shipping carrier for your order.
The carrier that will be used most commonly is the U.S. Postal Service (USPS)
Heirloom Custom Woodworking LLC is not responsible for any negligent care of packages by any carrier service.
Customer is responsible for security of package(s) after carrier service has completed delivery
If you’re trying to estimate when a package will be delivered, please note the following:
Credit card authorization and verification must be received prior to processing.
Once package has been shipped customers will receive a tracking number via email.
USPS deliveries occur Monday through Friday, and Saturday morning (excluding holidays).
All shipping charges are paid for by the customer. Shipping charges will not be refunded, in any manner, on returned goods.
Shipping and Handling Costs
Fixed shipping rates are determined by USPS Flat Rate Boxes. Shipping package size is automatically calculated at checkout by aggregate product volume.
FREE PICK-Up in georgetown, texas
If chosen, Pick-up must be scheduled within 1 week of purchase
Unless other arrangements are made, failing to collect products will:
Incur a storage fee of $10/week after purchase to be paid on pick-up
Fall back into Heirloom Custom Woodworking’s ownership without product refund if:
Storage fee’s accrued become equal to product cost or;
Product is failed to be collected within 1 year of purchase
Warranty Policy
Due to being a product of nature, merchandise may behave unpredictably from any of the following reasons: changes in relative humidity, changes in temperature, changes in product moisture content, customer care and the passage time. Because of this, we can unfortunately offer NO warranties at this time.
As a result of these products being made of a natural material and by hand, there may be some variances in color, depth, grain pattern, shape, etc. Therefore, they may not be ‘exact’ to the photo examples
As a result of the external forces mentioned above products may experience changes after being delivered, not limited to:
Change in color due to UV light and aging
Movement or Splitting in the wood grain
All products are inspected and guaranteed to be of quality craftsmanship free of defects when shipped.
Privacy Policy
Third Party Disclosures
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless otherwise noted in this policy. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
Third party Links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Website visitors
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Information about your browser, network and device
Web pages you visited prior to coming to this website
Your IP address
Squarespace needs the data to run this website, and to protect and improve its platform and services. Squarespace analyzes the data in a de-personalized form.
Cookies
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If you disable cookies off, some features will be disabled It will turn off some of the features that make your site experience more efficient and some of our services will not function properly.
VisItor data
When you buy something on this website, we collect personal information from you to fulfill the order. We may collect information like your:
Billing and shipping address
Details relating to your purchase (for example, your shirt size)
Email address
Name
Phone number
We share this information with Squarespace, our online store hosting provider, so that they can provide website services to us.
Order emails
We may email you with messages about your order or account activity. For example, we may email you to tell you that:
You’ve created a Customer Account
Your Customer Account password has been reset or updated
You’ve made a purchase
Your order has shipped
It’s not possible to unsubscribe from these messages.
We share your contact information with Squarespace, our website hosting provider, so they can send these emails to you on our behalf.
MARKETING EMAILS
We may send you marketing emails, which you can unsubscribe from by clicking the link at the bottom of the email. We share your contact information with Squarespace, our email marketing provider, so they can send these emails on our behalf.
Analytics
This website collects personal data to power our site analytics, including:
Information about your browser, network, and device
Web pages you visited prior to coming to this website
Your IP address
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Clicks
Internal links
Pages visited
Scrolling
Searches
Timestamps
We share this information with Squarespace, our website analytics provider, to learn about site traffic and activity.