TERMS AND CONDITIONS AGREEMENT By using the The Ohio Exchange Co. LLC, (www.justprimitive.com) web site ("Web site"), and/or by purchasing products by phone, electronic, verbal, written or other form of order confirmation, you the customer ("Customer") agrees to become bound by the terms and conditions of this agreement ("Agreement"), and this Agreement shall govern and control your use of this Web site and any and all current or future orders and/or purchases ("Order") you may make by phone, through or because of this Web site. If these terms and conditions are considered an offer by The Ohio Exchange Co. LLC ("The Ohio Exchange Co."), acceptance is expressly conditioned upon your assent to all of the terms and conditions of this Agreement without modification, to the exclusion of all other terms. The Ohio Exchange Co. reserves the right to make changes, and, or additions to said terms and condition without prior notice. By placing an order through our website and/or by purchasing products by phone, electronic, verbal, written or other form of order confirmation, you the customer, you warrant that you are legally capable of entering into binding contracts; if you are not a consumer, you have the authority to bind any business on whose behalf you placed an order; and, You are at least 18 years old. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. The Customer hereby accepts and agrees to be bound by the following terms: 1. Accuracy While The Ohio Exchange Co. uses reasonable efforts to include accurate and up-to-date information in its Web site, The Ohio Exchange Co. makes no warranties or representations as to the accuracy of the information. The Ohio Exchange Co. assumes no liability or responsibility for any errors or omissions in the content of the Web site. In the event a product is quoted by The Ohio Exchange Co. associate at an incorrect price, or due to a typographical error in pricing, The Ohio Exchange Co. shall have the right to refuse or cancel any Order placed by phone,electronic, verbal, written, or through the Web site. The Ohio Exchange Co. shall have the right to refuse or cancel any such Order whether or not the Order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Order is subsequently cancelled by us, The Ohio Exchange Co. shall issue a credit to your credit card in the full amount of your deposit. 2. Products All products are subject to availability. Due to the character of various products, all dimensions are approximate. Actual wood, paint,color blends and fabric sample colors may not match your monitor. Actual wood stain colors may not match your monitor. Products, information, availability, prices, and/or specifications are subject to change without notice. All prices are in U.S. Dollars. Our products are selected on the basis that they will be used for domestic decor use only. If you are planning to use them for business purposes it is your responsibility to ensure that you are covered by appropriate insurance. 3.Liability and indemnity We shall not be liable for any indirect or consequential losses or damages arising out of or in connection with these terms and conditions including, but not limited to loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and •any other indirect loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise. THERE ARE NO EXPRESS WARRANTIES OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT APPLY TO THIS SALE. The Ohio Exchange Co., its owner(s) or any of its agents or representatives are NOT LIABLE FOR DAMAGES OF ANY SORT INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES. In no event shall The Ohio Exchange Co., its owner(s), or any of its agents or representatives be liable for any indirect, direct, punitive, special, incidental, consequential damages caused by any product or failure of such product to perform and regardless of the theory of liability pursuant to which such damages may be sought. Under no circumstances shall The Ohio Exchange Co., its owner(s), or any of its agents or representatives be held liable to Purchaser or to any third party for claims arising from the design of this product, testing of this product, or damage arising from its use .You agree to defend, indemnify and hold harmless from and against any and all claims, damages, costs and expenses, including direct, indirect, special or consequential damages, attorney’s fees, arising from or related to your use of the site. Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither nor The Ohio Exchange Co, or its owner(s), or any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of The Ohio Exchange Co, or its owner(s), or any of its agents or representatives and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site. Customers who elect to collect from The Ohio Exchange Co, or its owner(s), or any of its agents or representatives premises unconditionally agree and accept that the risk of loss and title for such items passes to you at the time of collection by you, your appointed agent, or appointed delivery/ Shipping agent. The risk of loss and title passes to you, the customer, upon delivery as evidenced by the signature of the person, or delivery/ Shipping agent receiving delivery, on our copy of the invoice. THE ABOVE EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT BE ENFORCEABLE UNDER SOME APPLICABLE LAWS, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL The Ohio Exchange Co., its owner(s) or any of its agents or representative's LIABILITY FOR MONEY DAMAGES EXCEED THE SPACIFY INVOICE AMOUNT PAID BY YOU FOR THE PRODUCT. 4. Order Acceptance Upon your verbal, phone, electronic, written or other form of order confirmation, authorization for us to charge your credit card, PayPal, check, by phone, or other forms of a down payment, this constitutes the immediate acceptance of this Order by the Customer, and Customer hereinafter agrees to be bound by all terms and conditions of this Agreement, and the Order cannot be canceled by the Customer. The Ohio Exchange Co. will email or fax you a copy of your Order receipt within 24 hours of your purchase. Please check your order carefully. If we do not hear from you within 24 hours, your order will be deemed correct and will be ordered as written. The Ohio Exchange Co. reserves the right at any time to accept or decline your Order due to inaccurate pricing, non-availability of products from the manufacturer, or for any other reason. The Ohio Exchange Co. reserves the right to verify any information you provide prior to accepting an Order. A credit card, PayPal, check, by phone, or other form of payment for the Customer's deposit and subsequent payment in full for their Order, cannot be stopped or credited back to the Customer without the written consent of The Ohio Exchange Co. The Ohio Exchange Co. reserves the right to change price quotes at any time without notice. You may purchase a Limited Lifetime Warranty Plan from us to protect your new furniture. 5. Chargebacks You understand, acknowledge and agree that by purchasing product from The Ohio Exchange Co. LLC website,www. justprimitive.com, and/or by purchasing products by phone, electronic, verbal, written or other form of order confirmation, you agree to, and are bound by our Credit Card Chargeback and Fraud Policy. The Ohio Exchange co. does not tolerate credit card fraud. It is our policy to report all forms of Credit/Debit Card fraud to the appropriate legal authorities and to vigorously prosecute individuals and/or companies that commit Credit/Debit Card fraud by means of chargebacks, use of fraudulent Credit/Debit Cards or other forms of Credit/Debit Card fraud. We consider Credit/Debit Card chargebacks for items ordered and delivered to the buyer to be evidence of theft. In addition, we will pursue civil legal action, including referral of the buyer to a collection agency and reporting of their account to all 3 major credit bureaus as a delinquent collection account. In any civil action we will seek recovery of the charged back amount as well as any loss of income related to the fraud, including business, legal fees, research costs, travel expenses, chargeback fees, employee down time and loss of revenues. In addition, The Ohio Exchange Co. considers credit card chargebacks to be fraud if you have made no reasonable effort to notify us by email that a problem existed, or to resolve or clarify a situation or matter. Chargebacks from wholesale clients will result in cancellation of wholesale account with The Ohio Exchange Co. and wholesale client agrees to pay The Ohio Exchange Co. retail value for chargeback merchandise ordered. 6. Shipping Orders ship common ground carrier, or Freight company. Additional charges may apply for lift gate, or if delivery notification is required. Consumer pays all additional charges directly to The Ohio Exchange Co., or the freight company, depending on who held the account with shipped order . In cases when bulk orders are shipped, for larger orders, someone must be present to unload shipment; an extra charge applies if the freight driver has to unload. By placing an order for products from The Ohio Exchange Co. , you are authorising us to accept the signature of the adult present at the delivery address. The purchased product becomes sole possession of the purchaser once it leaves The Ohio Exchange Co. facilities. Title to products and risk of loss passes from The Ohio Exchange Co. LLC to the Customer upon delivery to the carrier. Customer will be responsible to pay all shipping, and, or reshipping and handling charges to and from their home. By using The Ohio Exchange Co. LLC, (www.justprimitive.com) web site ("Web site"), and/or by purchasing products by phone, electronic, verbal, written or other form of order confirmation, you the customer ("Customer") agree not to hold The Ohio Exchange Co. liable for damages incurred during shipping. In case of damages, contact shipping company for resolution. Lead time is approximately three to twelve weeks. By using The Ohio Exchange Co. LLC, (www.justprimitive.com) web site ("Web site"), and/or by purchasing products by phone, electronic, verbal, written or other form of order confirmation, you the customer ("Customer") understands and agrees delays in manufacturing, or ship time quoted can take place due to the handcrafted character of various products . The time it takes to manufacturer, or ship your order including a longer manufacturing date than expected, does not qualify for a reason for a refund, or chargeback. Shipping, Handling, and Delivery for Continental USA only. All products will be shipped by a reputable delivery company. Insurance is not included in shipping. We ship to the 48 contiguous states in the USA, known as the Continental USA. We do not ship to Canada. The only way you can buy from us if you live in Canada, is that you can pickup from our warehouse in Zanesville, Ohio, or we sell our product to you from a location in the USA. The Canadian Customer would be responsible for all duties and taxes. The Ohio Exchange Co. reserves the right to delay delivery of backorder damaged or defective merchandise. The Ohio Exchange Co. reserves the right to replace all damaged goods during shipping with like product from direct invoice damaged, only, if shipping company issues a check for damaged goods; money will not be refunded in cash, check, or any other form of payment other than like goods damaged of the same value to that invoice and will not be applied to other invoice balance to customer. The Ohio Exchange Co. will not be held liable for the following, but not limited to, replacement of products, refund, expenses, or damages to the customer if the shipping company does not pay for shipping damages due to the shipping company's negligence. All of our product are packed carefully and inspected by the shipping company at the time of pick up. After the inspection, the shipping company signs off on all the products and assumes responsibility for the care of the shipment. If damage occurs, Customer should contact shipping company to resolve issues. By using The Ohio Exchange Co. LLC, (www.justprimitive.com) web site ("Web site"), and/or by purchasing products by phone, electronic, verbal, written or other form of order confirmation, you the customer ("Customer") agrees you are aware, approve and give full permission to The Ohio Exchange Co. to ship your Order with the shipping company, freight company, or common ground carrier, or any other form of delivery company used for their services by The Ohio Exchange Co. to ship the Customer Order and to perform duties. The Customer agrees to accept services from said company to perform duties and are fully aware that damages can occur during the shipping process and Customer agrees to become bound by the terms and conditions of this agreement by using The Ohio Exchange Co. LLC, (www.justprimitive.com) web site ("Web site"), and/or by purchasing products by phone, electronic, verbal, written or other form of order confirmation. 7. Sales Taxes Ohio sales tax will be added to all retail items delivered to addresses in the state of Ohio. Sales tax will not be collected for Orders delivered to other states. Customers must take responsibility for complying with the applicable laws in the state they live in regarding the payment of any sales and/or use tax on goods ordered for delivery to any state other than Ohio. 8. Payment A 50% deposit of the purchase price is required at the time of purchase for large furniture orders. All home decor must be paid in full at time of order. Your Order will not be processed until we receive your deposit. The remaining balance is due before the time your furniture is shipped from the manufacturer to the delivery company. Your Order will not be released for delivery until your Order is paid in full. We accept Cash, check, Visa, Master Card and PayPal. Fee for a returned check is $35.00. Non-credit card deposits can be mailed; ask for details. All of the pricing listed on our web site is for pine wood only. Extra charges may apply to items made with exotic and other domestic woods; please contact us for a price quote. 9. Cancellations & Return Policy This Agreement between you and The Ohio Exchange Co. concerning the purchased products may not be revoked or canceled by you. All sales are final with no refunds. The Ohio Exchange Co. may, in its sole discretion, permit you to cancel your Order, provided it has not already been shipped from the manufacturer to the delivery company, and upon payment of ten percent (10%) of the purchase price of your Order as a cancellation processing fee. In the event the purchased products have already been shipped by the manufacturer to the delivery company, The Ohio Exchange Co. may, in its sole discretion, not permit you to cancel any order. If purchased product is refused by you at time of delivery you will be charged fifty percent (50%) of the purchase price of the products, which is redeemable from, but not limited to, deposit, or any other method of payment disclosed to us by you, as a cancellation fee, plus any shipping charges to the delivery company. 10. Customer Responsibilities It is the Customer's responsibility to provideThe Ohio Exchange Co. with all accurate model numbers, finishes,color combinations, and fabrics for their respective Order. It is the Customer's responsibility to check their Order receipt for complete accuracy within one day after they receive it by email, fax, mail or UPS, whichever shall first occur. You must notify us immediately if any model numbers or items are not correct. If we do not hear from you within this one day time period, 24 hours, all items will be shipped as ordered, and cannot be changed, exchanged or canceled .The Ohio Exchange Co. is not responsible for any inaccurate items, colors, color combinations, or the final result of finished color combinations, material, lettering, patterns or model numbers ordered by the Customer. The Customer acknowledges that they have seen or inspected the type, manufacturer, quality of manufacturer, and style of furniture they are purchasing from The Ohio Exchange Co. at the time the order is placed, or elsewhere. The Ohio Exchange Co. does not guarantee or warranty the type, quality, color or style of the furniture the Customer chooses. The Ohio Exchange Co. is not aware of the accuracy and level of the Customer's floors in their home, so consequently it is the Customer's responsibilities to level all products from their Order once they receive them, including cabinets, dressers, armoires, wall units, etc., that may create uneven doors or other items that may be out of align due to improper leveling. The Ohio Exchange Co. is not aware of the size of Customer's home or doorways; consequently, it is the Customer's responsibility to make sure items will fit in their home at time of purchase. The Customer is responsible to note the size and dimensions of the furniture to insure that it will fit, not only in the designated room, but also will go through hallways, air locks, doorways, stairwells, custom cabinets, assure measurements are correct fit in custom kitchen orders etc. If your furniture has an individual piece weight of 300 pounds or more, we require the Customer to have two additional people there to help safely affect the delivery. It is the Customer's responsibility to inspect their Order before signing for shipment from delivery method. 11. Licence to use website You may view, download for caching purposes only, and print from the website for your own personal use, subject to the restrictions below. You must not: (a) republish material from this website including domain the name http://www.justprimitive.com/ www.justprimitive. com (including republication on another website); (b) sell, rent or otherwise sub-license material from the website; (c) show any material from the website in public; (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial, or non-profit purpose;. (e) edit or otherwise modify any material on the website; (f) redistribute material from this website except for content specifically and expressly made available for redistribution; (G) do not copy or post the Content on any network computer or broadcast the Content in any media, or website. Unless otherwise stated, we or our licensor's own the intellectual property rights in the website and material on the website including the domain name. Subject to the licence above all these intellectual property rights are reserved. 12. Content, Copyright, and Applicable Law All content included and/or used on this Web site, such as text, graphics, photographs, logos, buttons, icons, images, and software is the property of The Ohio Exchange Co. ,or its content suppliers and may be copied only with express written consent. The Ohio Exchange Co. makes no representations or warranties of any kind, expressed or implied, as to the operation of this Web site or the information, content or materials thereof. The use and browsing on this Web site are at your sole risk. The Ohio Exchange Co. assumes no responsibility, and will not be liable for any damages to your computer for any reason on account of your access, browsing, or downloading from our Web site. This Web site is created and controlled by The Ohio Exchange Co. in the state of Ohio, USA. As such, the laws of the state of Ohio will govern these disclaimers, terms and conditions without giving effect to any principles of conflict of laws, and the venue of any action shall only be in Muskingum County, Ohio, USA. The Ohio Exchange Co. reserves the right to make changes to its Web site and these disclaimers, terms and conditions at any time. If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms and Conditions shall not be affected. The Customer is bound by any such revisions and should therefore periodically visit this Web site to review the then- current terms and conditions to which the Customer is bound. These Terms and Conditions including the documents or other sources referred to supersede all prior representations and agreements between you and The Ohio Exchange Co. relating to the use of this website and sets forth the entire agreement and understanding between you The Ohio Exchange Co. for your use of this website. 13. Privacy Policy Read our complete policy at the following link: Privacy Policy Last updated: 7/16/2011 |