 |
|
You agree that the following POLICIES and TERMS apply to the property offered for sale or sold by Alexis J. David or on its website. They create a binding contract between you (hereafter “the purchaser” or “the customer”) and us (hereafter “the seller” or “us”). Any person or entity who utilizes our web site or purchases anything from us agrees to accept these POLICIES and TERMS without any changes and agrees to be bound by them. The POLICIES and TERMS may be amended at any time by posting the changes on the web site. No one on behalf of Alexis J. David has the authority to change any of these POLICIES and TERMS orally at any time.
You agree that you have read this agreement carefully before concluding any transaction. It limits certain of your rights, including the right to maintain a court action.
1. Payment terms. Net amount of invoice in full is due prior to shipment of goods.
2. All sales are final. A sale is made when payment in full is tendered by Paypal, cash or check with appropriate identification as we may require. It is the buyer's sole responsibility to be knowledgeable about the condition of the property before purchasing. All merchandise must be removed from the premises within five business days after payment. We charge, and you agree to pay 5% per month, or any part, of the purchase price of any item not removed within five business days of the sale as a storage fee. We shall have no liability for any damage to property left on our premises or elsewhere after the date of sale. The merchandise is not returnable. No refunds, credits, or exchanges. Unless we advise you that an item is reserved, it will remain available for sale.
3. Services. Any services you request of Alexis J. David which are not actually performed by us such as restoration, upholstery, fabric purchases, glass, mirrors, locksmiths and transportation are your sole responsibility. You agree that we are not responsible for any damage or delay caused by any person or entity performing such service at your request.
4. Shipment. All items are F.O.B. our warehouse. You shall make your own arrangements for shipping. You agree to pay all shipping costs and insurance. We may assist in the shipping process, including facilitating information such as obtaining shipping costs from several shipping companies as a convenience for you. You are, in every instance, free to arrange your own shipping and can use any shipping company of your choice. Crating, packaging and freight insurance are your responsibility. Any crating, shipping or insurance companies you designate are your agents and you are solely responsible for their costs. Alexis J. David recommends that each item be insured during the packing, crating and shipping process.
5. Taxes and Duties. The amount of all city, state, and federal sales, revenue, excise, import/export duties or other taxes applicable to the merchandise listed herein shall be added to the purchase price and shall be paid by the purchaser. Our failure to collect any taxes does not relieve your obligation. It is your sole responsibility to document any applicable exemption from taxes.
6. No Warranties. The merchandise is sold as is, where is. NO EXPRESS WARRANTIES AND NO IMPLIED WARRANTEES WHETHER OF MERCHANTABLITY OR FITNESS, FOR ANY PARTICULAR PURPOSE, USE OR OTHERWISE (EXCEPT AS IN TITLE) SHALL APPLY TO MERCHANDISE SOLD BY US. AND NO WAIVER, ALTERATION, OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN EXECUTIVE OFFICER OR OUR CORPORATION.
7. Conditions of items. It is the purchaser’s sole responsibility to be well-informed before purchasing any item. We will describe items to the best of our ability, but it is the buyer’s responsibility to obtain an in depth description. We sell clocks, lamps, and all electrical items only for their decorative value. They are not represented to be in working order, but they may be. We are not responsible for errors or omissions in written or oral condition reports. Furniture may or may not have its original hardware and wood. Some original finishes have minor restoration such as added color or a recoating. The furniture is old and over the years has acquired a dents, drink rings, separations, burns, chips and other assorted flaws. We will only mention those that we feel are objectionable. When we describe a piece of furniture as being in "excellent condition", it generally implies that the finish is original and the structure is in fine shape. A piece that has been totally or partially refinished and is in good structural shape will generally be described as being in "very good condition". A piece that needs to be refinished or that has a less than stable structural state (i.e. needs gluing, redoweling, etc.) may be generally described as being in "good condition". Certain pieces are rare in any condition and may be described as good condition regardless of appearance. Lamp descriptions are based on patina and condition of glass. Some parts may have been replaced through the years, and we will mention it if we feel it is objectionable. Metalwork will be described based on patina and the condition of the object. Dents, scratches, wear and assorted flaws will be mentioned if we feel that they are objectionable. A piece with original patina, free of major dents or scratches usually will be described as in "excellent condition". Art Glass will sometimes contain air bubbles, surface scratches, lines in the making and chips to the pontil. Discoloration on the interior is usually present when originally produced and will not be noted unless we feel it is excessive. A description that an item is in “vintage” condition means that it will usually show signs of wear or use consistent with its age.
8. Expert Review. You are aware that the items offered for sale are not new, unless explicitly stated, or in perfect condition, and may require touch-up or repairs prior to use and that the available information about these items may be limited. We do not represent or warrant that any item conforms to its description or to the colors, texture and detail shown on a computer monitor. You have relied on your own inspection of the items. If you purchase anything from us based partially or entirely on its stated condition, provenance, designer or creator, we recommend that you obtain an expert review of the item prior to purchase. You must tell us prior to purchase if you want an expert to review any item. If you purchase the item without conducting an expert review, you agree to waive your opportunity to obtain an expert review concerning the condition, provenance, designer or creator of the item. Any and all information describing any items is given to the best of our knowledge, is merely our opinion, and is not guaranteed to be correct or authentic. We make every effort to insure that all items are represented accurately. If the authenticity of a purchased object is contested, it must be made known to us within thirty days of the sale by the following procedure. First, a written letter from a noted authority must be presented to us declaring the object to be executed by someone other than the artist listed. Second, this noted authority shall have no vested interest in the artist's work or the estate of the artist. Third, the object must be returned to us at your cost in the same condition in which it was purchased. If these conditions are met, the purchase price will be promptly refunded only without compensation for damages, loss of profit, professional fees, transportation or any other costs.
9. Acceptance. Risk of Loss: You acknowledges that you have had a full and reasonable opportunity to inspect the merchandise. You agree to accept the merchandise at our warehouse or other location where it is offered for sale when we provide it to the shipper you designate. The risk of loss passes to you at that moment.
10. Our Right of Possession. You agree that we the right, in addition to all the others we may possess for credit reasons or because of purchasers default or defaults, to withhold shipment, in whole or in part, and to recall goods in transit, retake the same, and repossess all goods without the necessity of taking any other proceeding, and the purchaser consents that all merchandise so recalled, retaken or repossessed shall become our absolute property, provided that purchaser is given credit thereof. Alternatively, at our discretion, the goods may be held until payment in full is made.
11. Uniform Commercial Code. No provision of an invoice shall be construed as limiting, in any manner, any of the rights or remedies available to us under the Uniform Commercial Code as in force and effect in the State of New Jersey on the date of an invoice.
12. Controlling Provisions. These terms and conditions shall supersede any provisions, terms, and conditions contained on any confirmation of order, or other writing or oral representation you or we may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms and conditions hereof, except as may be agreed to in writing by the purchaser and us.
13. Release and Limitation of Liability. To the maximum extent permitted by law, you release us from all claims, demands, liabilities, actions, losses and damages of any kind, including without limitation direct, indirect, incidental, special, punitive and consequential damages (including without limitation lost profits, revenue and/or data), related to or arising out of or in connection with these Terms and Policies, the web site, any item offered for sale or sold by us. If you are a California resident, you hereby knowingly waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” In all events, our liability is limited to the amount of the purchase and you waive all other claims for damages, if any, and attorney fees and costs.
14. Use of Site Information. Except with the our prior written consent you shall not use or reproduce information on our web site for any purposes other than purchasing or arranging a purchase, delivery, payment and or shipment.
15. Miscellaneous. If any provision of these POLICIES and TERMS is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the POLICIES and TERMS and will not affect the validity and enforceability of the remainder. Our failure to exercise any rights or remedies will not constitute a waiver of any rights or remedies. These POLICIES and TERMS represent the entire agreement between us and they supersede and replace any other agreement between the parties, oral or written.
16. Dispute Resolution. In the event of any dispute between us, including any dispute based on federal or state statutes, you agree to binding arbitration at a location in or as close as possible to Newark, New Jersey. This agreement waives your rights to a trial by jury. You agree to pay all the costs of the arbitration including but not limited to filing and hearing fees.
17. Governing Law and Jurisdiction. The sale agreement between the Buyer and the Seller is governed by the laws of the State of New Jersey and you agree to submit any dispute arising hereunder to the exclusive venue and jurisdiction of the courts in Essex County, New Jersey.
|
|
|
Center 44
222 East 44th Street, 2nd Floor
New York City, NY
Mon-Fri 9-5
212.450-7988
201.569.0678
sales@alexisjdavid.com
|
|
|
|
