Terms and Conditions

Terms and Conditions

NOTE THAT THIS PAGE CONTAINS IMPORTANT TERMS AND CONDITIONS GOVERNING YOUR ORDER AND THE PRODUCTS YOU ARE PURCHASING, INCLUDING AN EXPRESS WARRANTY, LIMITATIONS OF IMPLIED WARRANTIES, AND LIMITATIONS OF DAMAGES

1.    INTRODUCTION

These terms apply to the sale of any goods and services by Heirloom Stair and Iron, Inc. ("Heirloom") through this website.  These terms may be changed, updated or amended at any time. Any amendments to the terms will be posted on the website.  You should review these terms each time you use the website.

YOUR ORDERING GOODS OR PRODUCTS THROUGH THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT.  YOU MUST ACCEPT THESE TERMS IF YOU WISH TO ORDER ANY GOODS OR PRODUCTS FROM HEIRLOOM.  NO CHANGES, ADDITIONS OR DELETIONS BY YOU TO THESE TERMS WILL BE ACCEPTED.

The Terms of Use of this website, and its Privacy Policy, are incorporated herein. You should review the Terms of Use and Privacy Policy for important terms affecting your legal rights and obligations.


2.    EXCLUSIVE WARRANTY AND LIMITATION OF DAMAGES 

Heirloom warrants that all products furnished to you shall be new, unless otherwise specified and shall be of good quality, free from improper workmanship, and in conformance with the terms of your order.  Heirloom agrees to repair or replace any products furnished to you hereunder and which prove to be defective in material or workmanship within a period of one year from the date of delivery. This warranty is limited to the repair or replacement of the defective products. 

ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM DEFECTS OR DEFICIENCIES IN THE PRODUCTS ARE EXPRESSLY EXCLUDED.  THIS WARRANTY IS PROVIDED FOR YOUR USE AND BENEFIT ONLY AND IS NOT TO EXTEND TO ANY OTHER PERSON.  NO THIRD PARTY BENEFICIARY RELATIONSHIP IS TO ARISE FROM THIS TRANSACTION.  ALTERATION OF PRODUCTS, OR ANY BREACH OF THESE TERMS AND CONDITIONS INCLUDING FAILURE TO MAKE PAYMENTS, VOIDS ALL WARRANTIES HEREIN.

3.    DISCLAIMER OF IMPLIED WARRANTIES

The foregoing warranties are exclusive and are in lieu of all other warranties, whether oral or written, express or implied.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES ARE HEREBY EXCLUDED. NO IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR INTENDED USE OR FOR PARTICULAR PURPOSE, OR WARRANTY OF GOOD AND WORKMANLIKE SERVICE SHALL APPLY.

4.    ARTISAN PRODUCTS

Heirloom's products are hand crafted, artisan products utilizing unique materials.  Photographic depictions on this website, descriptions and samples might not accurately reflect the color, finish or texture of the finished products.  Colors depicted on this website will depend on quality and characteristics of your computer monitor or display and variations should be expected.

5.    POWDER COATING

If any products are specified to be powder-coated, such powder-coating is not warranted to be fully corrosion proof or provide complete protection from rust, depending on the location, environmental exposure and use of the product.  Periodic reapplication and touch-up may be required over the life of the product, as a routine maintenance function.  Heirloom expressly disclaims and shall have no responsibility or liability for rust or corrosion to its products after installation where no additional surface protection or coating is specified.

6.     SHIPPING AND DELIVERY

Delivery of items purchased from this website to addresses outside the United States is limited.  Some items also have restricted delivery within the United States.  Please carefully review shipping information for limitations and/or charges.

7.    ORDER ACCEPTANCE AND BILLING

Heirloom reserves the right to refuse any order or cancel any order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information. If we cancel your order after your payment account has been charged, we will issue a credit to your payment account in the amount of the charge. 

Heirloom reserves the right, at its sole discretion, to restrict or refuse sales to dealers or unauthorized resellers. 
By confirming your purchase at checkout, you agree to accept and pay for the products ordered. If payment is made by credit or payment card, your payment card may be charged immediately.  You agree to abide by the terms of your cardholder agreement.  

Your billing information provided to Heirloom must be true, complete and accurate.  Heirloom reserves the right to cancel orders containing inaccurate or incomplete information.

8.    GOVERNING LAW

This agreement is governed by and shall be construed under the laws of the State of South Carolina.  The laws of the State of South Carolina govern these terms and your purchase of any products from Heirloom.  Subject to the requirements of the arbitration clause herein, you expressly agree that exclusive jurisdiction for any claim or dispute arising out of or connected with these terms of use, your use of the website or your purchase of any products from Heirloom shall be vested in the Circuit Court for the State of South Carolina in Greenville, South Carolina.

This agreement disclaims and expressly excludes the application of the United Nations Convention on Contracts for the International Sale of Goods.

9.    ARBITRATION

By accessing this website and using the information therein available and/or by purchasing any products or services made available through this site, you agree with the website operators, their service providers, affiliates, parents, subsidiaries and any content provider or offeror of goods or services on this site or through any other associated activity, that any claim or dispute you may have against or with any of these persons or entities, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved by binding arbitration by the National Arbitration Forum, under the Code of Procedure then in effect. Information may be obtained and claims may be filed at any office of the National Arbitration Forum, www.arbitration-forum.com, or by mail at P.O. Box 50191, Minneapolis, MN 55405. This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Hearings shall be held as provided by the Code of Procedure and if any in-person hearing is required, it shall be held in Greenville, South Carolina. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective.

You agree that, by entering into this Agreement, you and Heirloom are each waiving the right to a trial by jury or to participate in a class action.  Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.  Heirloom does not agree or consent to class arbitration.

10.    ENTIRE AGREEMENT

These terms of use constitute the entire agreement between you and us and govern your use of our service, superseding any prior agreements between you and use.  If any provision of these terms of use is found to be invalid, the parties nevertheless agree that the court should endeavor to give full effect to the parties' intentions as reflected in the provision, and all other provisions of the terms of use remain in full force and effect.