Maker&Son LLC Terms and Conditions
This website is operated by Maker&Son LLC, organized under the laws of the State of Delaware. Throughout the site, the terms “we”, “us”, “our”, and “Maker&Son” refer to Maker&Son LLC. Maker&Son offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - PRODUCT SPECIFICATIONS
1.1 We constantly develop our products and we therefore reserve the right to amend the specification of products without prior notice in relation to future sales.
1.2 Many of our products have natural wood. As with all natural materials, wood and fabrics will change with age and exposure to sunlight.
1.3 We will endeavor to match the color and texture of the fabric of your sofa to the samples chosen as accurately as possible, but variations in both the color and texture may occur.
SECTION 2 - MEASUREMENTS
2.1 It is your responsibility to make sure that the furniture you order from us will be able to easily be carried through into your room of choice.
2.2 Please note that all delivery charges include no allowance for the removal of windows, doors or other fixtures, or use of hoists. These services may be available for an additional fee (please contact us for a quotation for this).
2.3 The measurements of all furniture and furnishings made by us will be as accurate as possible, but are approximate.
SECTION 3 - PRICES AND PAYMENTS
3.1 All prices are exclusive of applicable sales tax and shipping charges.
3.2 All prices that we have quoted to you are valid for up to 28 days from the date on which the quote was given, unless otherwise indicated by us.
3.3 We accept the forms of payments that are stated on our Website during the online purchase process.
3.4 The order will be deemed accepted when we confirm by email to your provided email address we have received payment of your initial deposit.
3.5 We are entitled to refuse any order placed by you.
SECTION 4 RETURNS AND REFUNDS
4.1 Our Returns and Refund Policy can be found here and is part of these Terms and Conditions.
SECTION 5 - DELIVERY
5.1 Our Delivery Procedures can be found here and is part of these Terms and Conditions.
SECTION 6 - CUSTOMER OWN MATERIALS
6.1 This clause applies to any fabric that you provide to us or which you specify and is not on our website (“Customer Own Material”). This applies to any Product that, at your request, we make with Customer Own Material as a “Customer Own Material Product”.
6.2 We may refuse to use any Customer Own Material which we deem to be unsuitable.
6.3 We may cut, work on and otherwise treat and deal with your Customer Own Material as we consider appropriate in the course of making the Product. and we may use or dispose of excess fabric or items as we think fit, unless you state in writing with your order that surplus should be returned to you.
6.4 Customer Own Material will become owned by us when we receive them; ownership in any of those which we return to you (whether unused or incorporated in the Product) will revert to you upon delivery to you.
6.5 You agree to ensure that your Customer Own Material is in all respects safe and suitable for application in the Product.
SECTION 7 - FABRICS
7.1 Fabric batches may vary. Our fabrics are created from natural materials, and thus there can be slight variations between batches. The most common variation is that of colour – although the actual variation is often almost negligible or very slight. Some fabrics will be more affected than others.
7.2 Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
7.3 Because of the nature of the materials used, any finishes that are applied to the exterior of our Products may alter the final colour and feel of the fabric.
7.4 We cannot accept any responsibility for fading or discolouration caused by exposure to direct or indirect sunlight. Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics are likely to discolour and fade more. Different fabrics, dark or light are liable to fade or discolour at different rates.
7.5 After delivery, we cannot accept any responsibility for fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly. Please also note that there are certain aerosol sprays, most particularly odour neutralisers and nicotine neutralisers, which contain chemicals that can react with fabric dyes (these products will normally warn against spraying close to upholstery without first covering it).
SECTION 8 - WEBSITE ACCURACY
8.1 We endeavour to display as accurately as possible the colours of our Fabrics and Products that appear on our Website. However, we cannot guarantee that your monitor will accurately reflect the colour of the Product delivered.
8.2 Every effort is made to ensure the complete accuracy of our Website however some prices/details may change from time to time and it is possible that errors may occur. If we discover an error in the price of the Product(s) you have ordered we will inform you as soon as possible. You will then be given the option of re-confirming your order at the correct price or canceling your order. If we are not able to contact you using the contact details you provided during the order process, then we may treat the order as canceled and notify you of this by email. If an order for Products is cancelled in accordance with this clause 8.2 and you have already paid for the Products, we will give you a full refund as soon as reasonably possible (and in any event within 30 days of cancellation).
8.3 To the maximum extent permissible by law, we exclude all warranties, expressed or implied as to the accuracy of the information contained on the website.
SECTION 9 - PRIVACY
10.1 Our Written Limited Warranty can be found here and is part of these Terms and Conditions.
SECTION 11 DISPUTE RESOLUTION AND APPLICABLE LAW
11.1: Arbitration. Any dispute or claim relating in any way to your use of the Maker&Son website, or to any products or services sold or distributed by Maker&Son will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Harvard Business Services Inc. at 16192 Coastal Highway, Lewes, Delaware 19958. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the state of Delaware.
We and You each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
11.2 Applicable Law. By using the Maker&Son website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you Maker&Son.
Notwithstanding any of the foregoing, nothing in these Terms will bar you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
11.3 Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) on any of the U.S. government lists of restricted end users.
SECTION 12- INDEMNITY
12.1 You agree to defend, indemnify and hold Maker&Son harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site.
SECTION 13- THIRD PARTY LINKS DISCLAIMER
13.1 We aren’t responsible for the behaviour of any third party linked websites.
SECTION 14- COMPLAINTS AND FURTHER INFORMATION
14.1 Any further information or clarifications you may seek or any complaints you wish to make in regards to these terms of services or our online properties it can be sent to: email@example.com