Terms of Service
Effective: November 9, 2023
The following Terms of Service Agreement (the “Agreement”) between Sixpenny, Inc. (f/k/a Briks & Mortar LLC, the “Company”), owner of www.Sixpenny.com (“Sixpenny”, “We”, “Us”, “Our”) and the users of or visitors to this website (“You”, “Your”), shall govern the use of Sixpenny’s websites and services.
BY ACCESSING THIS WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. WE URGE YOU TO READ THIS AGREEMENT CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CONTACT US AT [email protected].
Sixpenny customers are granted access to www.sixpenny.com (“the Site”) pursuant to the Terms currently in effect. All other users are permitted access to this Site pursuant to the Terms and solely for the purpose of evaluating the desirability of becoming a Sixpenny customer. By accessing, registering for or using the Services, You agree to the following terms, conditions, policies, guidelines, and amendments listed below and all applicable laws.
You may not use the Site for any illegal or unauthorized purpose and You shall not, in using the Site, violate any laws including but not limited to intellectual property, tort, defamation, or other applicable laws.
You are permitted to use the Services if You agree to the Terms. If You do not agree to these documents, You must leave the Site and not access Sixpenny’s Services.
If We make any material changes in the way that We collect, store, or use data, We will notify users of these changes. You agree that We may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the website.
Only adults over the age of eighteen (18) are permitted to use the website.
Use of Website and Services
In order to use the Services, You may be required to provide information about Yourself including Your name, email address, and other personal information.
You agree that any registration and/or billing information You give to the Company will be accurate, correct and up to date. You agree that You will not impersonate someone else or provide account information, an email address, or other personal information other than Your own.
You may not use the Site or Services for any illegal or unauthorized purpose or violate any laws in Your jurisdiction or otherwise threaten to expose Sixpenny or the Company to civil, criminal or other liability.
By using the Services, including making a purchase from Sixpenny using this Site, You agree that all information obtained during Your purchase or transaction and all of the information that You give in connection with the transaction, such as Your name, address, method of payment, credit card number, and billing information, may be collected by the Company, Sixpenny, our merchants, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to Your purchase, are solely between You and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when You make certain purchases through our Site or its Content (as defined below), You may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to Your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that You incur, and agree not to assert any claims against us or them, arising from Your purchase through or use of our Site or its Content.
Shopping Cart and Payment
Items in Your Shopping Cart shall reflect the most recent prices displayed on the item’s product detail page, less any promotional discount code that You may have applied. Please note that this price may differ from prices shown for the items when first placed in Your Shopping Cart.
Sixpenny neither warrants nor guarantees that the placement of an item in Your Shopping Cart reserves the price shown at that time. Please note that most Sixpenny discount offers are for a limited time only and have stated expiration dates. Accordingly, it is possible that an item’s price may change between the time You place the item in Your Shopping Cart and the time You complete a transaction. Prices are subject to availability of the product at the time of ordering. Sixpenny shall have the right, at Sixpenny’s sole discretion, to discontinue the sale of any product and neither warrants nor guarantees the availability of a particular product.
While Sixpenny strives to provide accurate pricing information, pricing or typographical errors may occur. Sixpenny cannot confirm the price of an item until after You order. In the event that an item is listed at an incorrect price due to an error in price listing, Sixpenny shall have the right, at Sixpenny’s sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is listed at an incorrect price, Sixpenny may, at Sixpenny’s sole discretion, either contact You for instructions or cancel Your order with a refund of Your purchase amount and notification such cancelation.
Prices as listed do not include local, state, or other applicable sales taxes. Applicable taxes will be calculated at the time of Checkout and assessed prior to completing Your purchase.
Sixpenny makes every effort to accurately display images of Products on the Site, however images of Products are examples only and may not be identical to the Product(s) you received from Sixpenny. Differences may be due to Your device’s display of colors or other factors such as the natural variation in each Product. In addition, please be aware that minor variances in size and shape may occur, as our Products are handmade to order. Variance in dimensions as listed on the applicable Product page, applies to custom orders as well.
Order Modifications, Holds and Cancelations
If You would like to request an order modification or hold, or cancel an order, please email [email protected] with Your order number and a description of Your request. Any such request(s) shall be in accordance with and subject to the applicable provisions below and elsewhere in the Agreement.
A. ORDER MODIFICATIONS
Sixpenny shall have the right, at Sixpenny’s sole discretion, to permit You to modify Your order, such as making changes to fabric or fill choice, if notification of a modification is received within ten (10) days of Your purchase. You acknowledge and agree that any such change may add to the delivery lead time. Any order modifications not received within ten (10) days from Your purchase will be processed as a cancelation.
B. ORDER HOLDS
Sixpenny is able to hold the Products (as defined in Section 14.a.) You ordered at Sixpenny’s distribution center free of charge for up to thirty (30) days starting from the time the Products first become ready for shipment (“Original Extension Window”). Sixpenny’s agreement to the Original Extension Window is subject to and conditioned upon You entering into a “hold authorization contract” which among other things, authorizes Sixpenny to charge you additional fees and expenses in the event Your hold exceeds the Original Extension Window. Following the Original Extension Window, You may request the Products be held for additional periods of time, which Sixpenny may accept or reject in its sole discretion; provided, however, You acknowledge and agree that Sixpenny reserves the right to charge You storage fees, and you agree to be solely responsible for any and all such storage fees and related costs and expenses.
In the event Your order of Products has already left Sixpenny’s distribution center prior to You first requesting an order hold, Sixpenny’s delivery partner may, in its sole discretion , hold such order at its facilities for up to thirty (30) days without charge; provided, however, Sixpenny’s delivery partner reserves the right to change its hold policy from time-to-time in its sole discretion. Notwithstanding anything to the contrary herein, Sixpenny shall not be liable for any loss or injury to Products stored at the delivery partner’s distribution center, however caused.
C. ORDER CANCELATIONS
If You would like to cancel your order prior to shipment, You can do so free of charge. Any orders that are canceled after an item ships will incur a 10% restocking fee. Notwithstanding anything to the contrary, any orders held in excess of the Original Extension Window and/or a period agreed upon by Sixpenny’s delivery partner and then canceled are not eligible for a refund of fees and expenses set forth in the hold authorization contract.
Purchase and Refunds Policy
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button on the Site, or entering Your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, You agree to be provided with products by the Company under the following Terms of Purchase.
If You would like to place a custom order for any item that cannot be ordered directly on the Site, please email Us at [email protected], and We will provide You with a quote. All custom orders are final sale and are not eligible for returns, modifications, cancelations, or refunds.
Shipping Terms; Title and Risk of Loss
Any dates quoted for the delivery of Products are approximate only and We shall not be liable for any delay in delivery of Products however caused. Time for delivery shall not be of the essence unless previously and expressly agreed by Us in writing. Title to and risk of loss shall pass to You and delivery shall be deemed to be complete upon Products leaving the possession or control of Us (including our contracted delivery team, whether in connection with the transfer of Products to a carrier for further shipment outside the contiguous United States or otherwise).
Sixpenny offers two standard options for delivery within the contiguous United States:
(1) Threshold Delivery, where the item(s) will be left at the front door of Your residence (available free of charge within the contiguous U.S.); or
(2) White Glove Delivery, where the item(s) will be brought into the room of Your choice, unpacked, and assembled (available for an additional $100 fee within the contiguous U.S.).
No-fit deliveries are subject to a 10% restocking fee.
Orders shall only be shipped directly or indirectly by Sixpenny to addresses within the contiguous United States.
Sixpenny reserves the right to update or revise shipping costs and methods at any time. If we make any changes to the Terms, including the shipping costs or methods, new Terms will be posted on the Site. Therefore, we encourage You to check the applicable Terms whenever You use the Site.
Discounts and Offer Codes
From time to time, in Our sole discretion, We may provide a reduced cost or promotional discount for products, for a promotional period, to first-time or other selected customers (“Promotions”). Promotions may be only available for a limited quantity and such Promotion may terminate or change at Our sole discretion.
Links to such Promotions may be posted on third party websites and will only be honored if such Promotion is current, valid and authorized. We assume no liability for incorrect, expired or unauthorized third party descriptions of Promotions.
Discounts may not be combined with any other sale, promotion, discount code, coupon and/or offer. Promotions have no cash value. Discounts cannot be sold or otherwise bartered.
Statements on Site
By using the website and Services, You specifically release Sixpenny from any and all liability arising from Your use of any third party website, third party services, or interaction with any third party.
Damaged Items, Returns and Exchanges
Damaged Items: If Your item arrives damaged, please contact Us by email at [email protected] within five (5) days of delivery and we will provide You with a replacement item; provided, however, We are not responsible or liable for any damage to orders (i) shipped outside of the contiguous United States or (ii) resulting from Your use of a third-party delivery service (i.e., a freight forwarder). Please be aware: If You are requesting a replacement for a damaged slipcover, We require You to complete an authorization form prior to Us processing Your replacement order. By signing the authorization form, You agree that if Your current slipcover (i.e., damaged slipcover) is not received by Us within two (2) weeks of Your replacement slipcover order arriving to You (at the address You have provided) or Your current slipcover is returned to Us in worse condition (as determined in Sixpenny’s sole discretion) than it arrived at Your place of residence, You acknowledge and authorize Sixpenny’s right to charge You the identified price for the replacement slipcover.
Returns: We offer free returns within 30 days of receipt for items in original condition. If items are returned to Us without their original packaging, there will be a 10% restocking fee. White Glove Delivery costs are non-refundable and all custom and special orders are final sale and non-returnable. Prior to arranging the return, We require You to complete an authorization form and send clear photos of the item You wish to return (Sixpenny reserves the right to request additional photos of the item prior to arranging any return). Then, once Your return item has been picked up and confirmed to be in original condition by Sixpenny’s delivery partner, Your refund will be processed back to your original form of payment. Any disputes regarding the condition of the returned item shall be determined in the sole discretion of Sixpenny.
Exchanges: We offer exchanges on certain items within 30 days of receipt, in Our sole discretion. We do not accept exchanges for leather items. If You would like to return or exchange an item, please email [email protected].
Shipping Outside the Contiguous United States
Sixpenny’s websites and services are intended solely for use and access by persons residing in the contiguous United States, and therefore Our website only accepts shipping addresses within the contiguous United States. Please be aware that certain additional obligations and/or restrictions apply to any orders shipped outside the contiguous United States, as further described in this Section.
In spite of anything to the contrary in this Agreement, payment is due in full upon order placement for orders intended for final delivery outside the contiguous United States, and therefore such orders are not eligible for financing (if offered by Sixpenny).
For orders shipped, directly or indirectly by You or otherwise, outside the contiguous United States, You acknowledge and agree that all sales of Products are final and will not be eligible for return, refund, replacement, or exchange. In spite of anything to the contrary in this Agreement, orders shipped, directly or indirectly by You or otherwise, outside of the contiguous United States will be void of any and all warranties.
You shall be solely responsible for, and for the avoidance of doubt Sixpenny will not be responsible for, the costs and obligations related to orders shipped outside the contiguous United States, including but not limited to: shipping, freight (e.g., international freight forwarder), transit, customs inspection, customs clearance fees, export fees and any applicable duty and value-added tax (VAT).
We understand there may be certain reasons that necessitate Your use of a freight forwarder (or other similar service provider), however You are solely responsible for all freight forwarding arrangements. Upon Your written request Sixpenny can provide recommendations for freight forwarding agents (or other similar service providers). We are not responsible for examining or evaluating the quality of any freight forwarder (or other similar service provider). WE DO NOT WARRANT AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY ARISING FROM OR RELATING TO ANY FREIGHT FORWARDER (OR OTHER SIMILAR SERVICE PROVIDER). Any use by You of any freight forwarder (or other similar service provider) is entirely at Your own risk and discretion, and You should ensure that you are familiar with and approve of the terms on which such services are provided by the relevant third-party provider(s). WE ARE NOT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OF SERVICES, RESOURCES, OR ANY OTHER TRANSACTIONS MADE IN CONNECTION WITH ANY FREIGHT FORWARDER (OR OTHER SIMILAR SERVICE PROVIDER), INCLUDING, WITHOUT LIMITATION DAMAGE TO OR LOSS OF YOUR ORDERED PRODUCTS.
You are encouraged to request inspection upon delivery to the freight forwarding agent (or other similar service provider); only damage to orders shipped within the contiguous United States incurred while in the possession of a Sixpenny contracted delivery team will be eligible for replacement. Damages must be reported within 5 days of delivery to the freight forwarding agent (or other similar service provider) to be considered for replacement. For the avoidance of doubt, Sixpenny is not responsible for any damage incurred in transit on orders shipped outside of the contiguous United States.
Any dates quoted by Sixpenny for delivery of the Products are estimates only to the freight forwarding agent (or other similar service provider), and do not account for transit by the freight forwarder (or other similar service provider) to the final delivery location. Sixpenny is not able to provide any order updates after delivery and release to Your freight forwarding agent (or other similar service provider).
Sixpenny products are constructed in compliance with the safety standards for United States residential use, and Sixpenny makes no representations or warranties that the products comply with the laws or safety standards of other locations.
A. SIXPENNY LIMITED LIFETIME WARRANTY
The following limited lifetime warranty (“Limited Lifetime Warranty”) is given to an original retail purchaser for value of Sixpenny’s manufactured upholstered products (chairs, sectionals, benches, ottomans, and chaises), manufactured case goods, and manufactured wood-based products (desks, wall units, tables, credenzas, and bookcases) purchased directly from Sixpenny (collectively the “Products”).
Except as otherwise provided herein, Sixpenny hereby waives any warranty, express or implied, including but not limited to any implied warranty of merchantability or implied warranty of fitness for a particular purpose.
B. LIMITED LIFETIME WARRANTY
This Limited Lifetime Warranty applies only to all frames, springs, joints, bases, legs, and hardware for the above identified Products. Sixpenny warrants these components to the original retail purchaser to be free from material manufacturing defects. Lifetime means the normal useful life of the Products.
Sixpenny will pay the reasonable and customary labor rates to repair or replace the above-identified defective parts for the Products and all related shipping costs from the original retail purchaser to and from Sixpenny or the repair centered designated by Sixpenny, at no charge to the original retail purchaser.
C. WARRANTY EXCLUSIONS
This Limited Lifetime Warranty does not apply to fabrics, leather, cushioning, seams, tufting, stains, finishes, or any reclaimed wood materials. This Limited Lifetime Warranty only covers normal household use.
This Limited Lifetime Warranty is voided and does not apply to any condition to the Products caused in whole or in part from misuse, abuse, and incorrect or inadequate (i) installation, (ii) maintenance, and/or (iii) cleaning care. This Limited Lifetime Warranty also does not cover damages or defects caused by use of chemical treatments or protective coatings on the Products. This Limited Lifetime Warranty also does not apply to any Products that have been altered by any person, dealer, or company without the express written authorization of Sixpenny in a manner which could, as determined by Sixpenny in its sole discretion, impact the Products’ structural feasibility, use or feel (including, but not limited to, reupholstery services, fabric dying services, or disassembly services).
This Limited Lifetime Warranty does not apply to (i) Products that were, at any time, used as a floor sample or display model, (ii) any Products purchased “as is” or second-hand, (iii) any Products purchased at a distress sale or a going-out-of-business sale, (iv) any Products purchased from a liquidator, or (v) any Products shipped outside the contiguous United States.
In the event You choose to purchase replacement parts, You acknowledge and agree that any replacement part or parts purchased (other than those purchased in connection with this Limited Lifetime Warranty) will be considered a special order and will be provided “as-is” and final sale, and therefore not eligible for returns, refunds, modifications, or cancellations.
D. WARRANTY REMEDIES
Under this Limited Lifetime Warranty, the sole liability of Sixpenny is limited to repair or replacement of the warranted part or parts of the Products. Sixpenny’s exclusive obligation during the warranty period is to repair or replace, at its sole option and in its sole discretion, any warranted part or parts found, upon examination by an authorized representative of Sixpenny, to contain a material manufacturing defect, unless otherwise provided herein.
If, within the warranty period, identical materials are unavailable at the time of repair or replacement, Sixpenny reserves the right to substitute materials of equal or better quality.
Any item repaired or replaced under this Limited Lifetime Warranty will be covered by the Limited Lifetime Warranty for the remainder of the original warranty period only.
E. WARRANTY CLAIM PROCEDURE
If a problem should arise that You believe to be covered by this Limited Lifetime Warranty, You must contact Sixpenny at the location from which the Product was purchased within a reasonable time after discovery of same. The original bill of sale and the product serial number are necessary and required for the fulfillment of the Limited Lifetime Warranty.
Please make sure any claim for warranty service is accompanied by the necessary information to satisfy the warranty requirements. Sixpenny will take all reasonable efforts to timely review Your claim, determine whether Your claim is covered by this Limited Lifetime Warranty, and, if it is covered, perform pursuant to the Terms herein.
F. WARRANTY DISCLAIMER
NO OTHER EXPRESS WARRANTY HAS BEEN MADE OR WILL BE MADE ON BEHALF OF SIXPENNY WITH RESPECT TO THE PRODUCTS AND THEIR PARTS, OR THE OPERATION, REPAIR, OR REPLACEMENT OF THE PRODUCTS AND THEIR PARTS. FURTHERMORE, NO REPRESENTATIVE OF SIXPENNY OR ITS DISTRIBUTORS OR RETAILERS IS AUTHORIZED TO MAKE ANY CHANGES OR MODIFICATIONS TO THIS LIMITED LIFETIME WARRANTY.
IMPLIED WARRANTIES, INCLUDING ANY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IMPOSED ON THE SALE OF THESE PRODUCTS AND THEIR PARTS UNDER STATE LAW, ARE HEREBY WAIVED AND DISCLAIMED.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SIXPENNY BE RESPONSIBLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SUCH AS LOSS OF USE, INCONVENIENCE, LOSS OR DAMAGE TO PERSONAL PROPERTY, WHETHER INDIRECT OR DIRECT, AND WHETHER ARISING IN CONTRACT OR TORT. IN NO EVENT SHALL SIXPENNY’s RESPONSIBILITY EXCEED THE LESSER OF THE PURCHASE PRICE OF THE PRODUCT OR ITS REPLACEMENT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The Site is the intellectual property of Company. All rights, title and interest not expressly granted with respect to the Site are reserved. All content provided through the Site is provided on an 'As Is' and 'As Available' basis, including without limitation text, images, names, trademarks, service marks, logos, identifiers, software and databases (collectively, the “Content”).
All Content is owned or controlled by Sixpenny, its Affiliates, content suppliers and/or other content providers and is protected by the Copyright and Trademark laws of the United States and other countries, international conventions, and other applicable laws.
By using the Services, You are not granted a right or license to any Content. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Our Site or its Content for any public or commercial use without prior written consent of Sixpenny or the relevant Affiliate.
Sixpenny is Our Trademark. You agree not to use this Trademark without Our express written consent.
Limitation of Liability
You agree that, to the extent permitted by applicable law, Your sole and exclusive remedy for any problems or dissatisfaction with the Site or the Services is to stop using the Site or the Services.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, THE SERVICES, OR YOUR USE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS YOU PURCHASE ON OR THROUGH THIS WEBSITE OR FROM US, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, FROM US IS IN ACCORDANCE WITH OUR WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND IN OUR MARKETING MATERIALS. WE AND/OR OUR SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT AND OUR TOTAL LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE PAID.
WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF SERVICES IS AT YOUR SOLE RISK.
Indemnity and Release of Claims
You agree to indemnify and hold harmless Sixpenny, Company, its or their officers, directors, employees and agents from and against any and all claims, liabilities, losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, reasonable attorneys’ fees and costs, due to or arising out of any breach by You of any of these Terms, any use by You of the Site or Services, or Your violation or infringement of any third party rights.
You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to You, as we deem necessary. You shall not settle any third party claim or waive any defense without Our prior written consent.
In no event will the Sixpenny or Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site, its Content, or its Products. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
Exclusions and Terminations
Sixpenny reserves the right to refuse You access to all or any Service(s), terminate accounts or user registrations, limit access to the Services or cancel Your order(s) at its sole discretion, for no or any reason, including, but not limited to, if Sixpenny reasonably believes: (a) You have violated any Terms; (b) You create a risk or possible legal exposure to Sixpenny or its affiliates; (c) Your account has engaged in unlawful conduct; (d) Your account should be removed due to prolonged inactivity or provision of services to You is no longer commercially viable; (e) You are abusing the Services (e.g., requesting swatches for purposes other than considering Sixpenny products); or (f) You engage in behavior, conduct or communication with or with respect to Sixpenny or any Sixpenny employee or representative in a manner that could be reasonably considered harassing, threatening, abusive, discriminatory, offensive or inappropriate. Sixpenny will make reasonable efforts to notify You of any such exclusion or termination and, in the event of any cancelation of Your order(s), will provide you with notification of such cancelation and a refund of Your purchase amount. In any case, upon termination, Your license to use services shall terminate.
In the event that Sixpenny refuses or limits Your access to any of the Services, terminates Your account or user registration, or cancels Your order(s) in accordance with the above, Sixpenny will not disclose such termination, or any information identifying Your canceled transactions, except insofar as necessary to correct a record made publicly by You or on Your behalf on any website, forum, or third party publication, including social media or consumer review platforms. By publishing or causing to be published any review, critique or other commentary on any such website, forum or third party publication, including social media or consumer review platforms, You consent under these Terms to permit Sixpenny to respond, including to disclose Your exclusion or termination from the Services for any of the above-stated reasons.
It is required by the state of California that We, as a seller of products, inform the public about the possible presence of certain chemicals in Our products. While We do not believe that our products contain any of the chemicals covered under Proposition 65, or only trace amounts, We are nevertheless required to provide the following:
WARNING: This product contains a chemical (or chemicals) known to the State of California to cause cancer, birth defects or other reproductive harm.
If You have any questions about Our products or Proposition 65 please contact our customer service department.
This Agreement and the relationship between You and Sixpenny are governed by the laws of the state of California.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION.
ARBITRATION REPLACES THE RIGHT TO A COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING.
ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR’S DECISION WILL GENERALLY BE FINAL AND BINDING.
By using the Site and/or the Services, You understand and agree that any claim, dispute or controversy between You and Us (or by any third person connected with or claiming through You or Us) arising from or relating to Your use of the Services (“Claim”), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”) (except for any AAA rules providing for class claims or class arbitration) then in effect.
Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of California, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 (“FAA”), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, You and We retain the right to pursue in a small claims court located in the federal judicial district that includes Your billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis.
The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of California without giving effect to the choice of law provisions thereof. The arbitrator’s authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.
If You prevail in the arbitration of any Claim against Us, We will reimburse You for any fees You paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.
Arbitration rules and forms may be obtained from the AAA at www.adr.org. Claims shall be filed in any AAA office. However, any participatory hearing that You attend shall take place in the State of California, unless You chose to have the hearing take place in the federal judicial district that includes Your billing address at the time the arbitration Claim is filed.
This arbitration provision applies to all Claims now in existence or that may arise in the future.
Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If We do not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by Us in writing.