Terms of Use

TERMS OF USE - OVERVIEW

Welcome to the Brass and Burl, Inc. ("COMPANY", "we", "our" or "us") website and store (the "Site"). Please review the following basic terms that govern your use of and purchase of products from our site. Please note that your use of our site constitutes your agreement to follow and be bound by the terms, conditions, policies and notices set forth hereafter (the "Terms"), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. We may change the Terms that govern your use of our site at our sole discretion. Your use of our site following any such change constitutes your agreement to follow and be bound by the Terms as changed. We may change, move, delete and/or add portions to our site from time to time.

These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms of this agreement, then you may not access the website or use any of the site's services (the "Services). If these terms are considered an offer, acceptance is expressly limited to these terms.

Any new features or tools which are added to the current site shall also be subject to the Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes, and to review the most current version of the terms. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our site is hosted on HyQuality Media. They provide us with our online e-commerce and multi-storefront platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these terms, you represent that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority in your state, province, or country of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or site for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.  You may not attempt to gain unauthorized access to any portion or feature of the site.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, pursuant to all laws, rules, and regulations of the United States of America and its territories.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We do not represent that the information and content contained in or on our website is accurate, complete, or current – including pricing information.  We reserve the right to correct or amend any errors, inaccuracies or incomplete information at any time without prior notice.  This includes orders which have been submitted for processing.   Inaccuracies – real or perceived - may occur due to issues outside of the control of Brass and Burl Inc.   These may include product information such as color, which may be subjective and difficult to display via electronic medium.  Descriptive information may be transmitted directly from our manufacturers and may contain inaccuracies outside the control of Brass and Burl Inc.  When in doubt please call or email our customer service center with any questions.  We have no obligation to update any information on our site.  You agree that it is your responsibility to monitor changes to our Site.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.  We do not agree to modify the price paid for an item if the price were to change in the future.  All sales are final.

 

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the site. We cannot guarantee that your computer monitor's display of any color will be accurate, or that images found on the site represent the product's color when viewed in different light mediums.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Brass and Burl Inc. We reserve the right to discontinue any product at any time.  Any offer for any product or service made on this site is void where prohibited.

Except for the Product Warranties listed below, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

Product Warranties

Brass and Burl, Inc. does not directly or indirectly warrant or guarantee any products found on our site.  Certain products may have original manufacturer warrantees and/or quality guarantees that may be transferred to the purchasor at checkout.  Please see our Return Policy for more information.

Certain items are warranteed by the manufacturer in the event of damage from shipping and handling.  In these cases, customers must maintain all original packaging and are advised to take photographs of the damage or deterioration where visible.  In some cases, replacement items will be shipped to the customer.  In other cases, the item may be repaired on site by a licensed contractor employed at the manufacturer's discretion.

In general, warrantees do not cover defects caused by improper use or care. Should the damage or deterioration result from improper use, storage and or any other activity that is not intended use, warrantees are typically voided.  Please contact us at contact@brassandburl.com if you have any questions about product warrantees and/or proper use and care of items.

Products which have been altered or damaged after receipt cannot be returned or exchanged. Examples include damage from:

- improper use or unintended use

- improper cleaning and drying

- punctures and/or tears (other than during shipping)

- improper handling or storage

- discoloration due to normal use

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You agree that you will not supply false information about your identity, and that you will not act as a representative of another person or entity.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We do not control, sponsor, endorse, or control any third-party websites.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Any information submitted to our website will be deemed non-confidential public information.  Upon submitting such information through our site, you are expressly granting Brass and Burl Inc. an unrestricted and irrevocable license to reproduce, transmit, modify, display and distribute the information in part or in full.  Your personal information may be withheld by you the customer prior to submission.  If you choose to supply your name or identifying information, Brass and Burl Inc. will not display or use your name in conjunction with the information submitted to us unless your express permission is given prior to such usage, or is required by law.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

You should exercise caution when acknowledging recommendations or advice from anyone.  Brass and Burl Inc. does not endorse or recommend products or services nor do we accept fees or compensation from manufacturers, vendors, or other retailers.  Comments, feedback, and suggestions are solely for informational purposes and the benefit of users of the website.  You should not make any decision to purchase or not purchase an item based on information displayed on our website alone.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - SHIPPING, DUTIES, TAXES & CUSTOMS BROKERAGE FEES

You agree, when ordering from the Brass and Burl, Inc. Site, that you shall bear sole responsibility for any and all duties, taxes, and/or customs brokerage fees associated with receipt of your order.  All items must be paid for in full when the order is placed, or at the time of sale.

Brass and Burl, Inc. does not warrant the services of postal services or couriers. By selecting a delivery service Client represents that they are comfortable with the limitations of that service. Brass and Burl, Inc. guarantees that it will deliver products to the delivery service that Client selects, prepared according to the service options that Client purchases.

Client is responsible for entering their correct delivery information when ordering Brass and Burl, Inc. products.

 

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant and make no representations that the desired results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Brass and Burl, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Brass and Burl, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

SECTION 19 - GOVERNING LAW

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of New York.

 

SECTION 20 - CHANGES TO TERMS

You can review the most current version of the Terms at any time on this webpage.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

 

These Terms were last updated on January 25, 2016.

 

SECTION 21 - MISCELLANEOUS

Unless otherwise specified, and except to the extent Brass and Burl, Inc. products are offered for sale in the United States through this site, this Site and its contents are displayed solely for the purpose of promoting Brass and Burl, Inc. products and services available in the United States. This site is maintained by our Webmasters, and any questions regarding the operation and maintenance of this site should be made to contact@brassandburl.com. If any portion of these Terms is held to be invalid and unenforceable, the invalid or unenforceable portion shall be modified in accordance with applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of the Terms shall remain in full force and effect. The failure of Brass and Burl, Inc. to insist upon or enforce strict performance by you of any provision of these Terms shall not be construed as a waiver of any provision or right herein.


SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@brassandburl.com.