The following Terms of Service Agreement (“Agreement”), between BRIKS & MORTAR LLC DBA SIXPENNY.COM (“Company”), owner of www.sixpenny.com (“Sixpenny”, “We”, “Us”, “Our”) and the visitors to this website (“You”, “Your”), shall govern the use of Sixpenny’s websites and services.
BY ACCESSING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. WE URGE YOU TO READ THIS AGREEMENT CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CONTACT US AT [email protected].
Only adults over the age of eighteen (18) are permitted to use the website.
Use of Website and Services
In order to use the Website and 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. Your may not use the Website and Services for any illegal or unauthorized purpose or violate any laws in your jurisdiction, in the use of the Website and Services.
If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, 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, 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 Website or its Content.
Shopping Cart and Payment
Items in your Shopping Cart will always 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 this price may differ from the prices shown for the items when you first placed them in your Shopping Cart. Placing an item in your Shopping Cart does not necessarily reserve the price shown at that time; 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 it in your Shopping Cart and the time you complete your Checkout. In addition, prices are subject to availability of the product at the time of ordering.
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 pricing, 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 mis-priced, Sixpenny may, at Sixpenny’s sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Note that prices as listed do not include your local State Sales Taxes. At check out, Your local sales taxes will be calculated and assessed prior to completing your purchase.
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.
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 Website
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.
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.
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.
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 (ii) 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.
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, or (iv) any Products purchased from a liquidator.
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.
WARRANTY CLAIM PROCEDURE
If a problem should arise which you feel is 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.
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, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
All materials on the website, including without limitation text, images, names, trademarks, service marks, logos, identifiers, software and databases (collectively, the “Content”) are 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 the website 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 Services is to stop using the Services.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATIN, 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 THE US IS IN ACCORDANCE WITH OUR WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETRNS AD 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 HE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTENT 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 shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site. 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 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.
Modification of Terms
You agree that We may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the website.
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 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, subject to this Agreement.
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 [venue], 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.