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Terms and Conditions of Use Agreement
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
- Acceptance of Agreement: You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- Copyright: The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
- Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by “Insert your company name here” in its sole discretion. If membership has been revoked, “Insert your company name here” reserves the right to refuse application or readmission to the membership program.
- Limited Right to Use: The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
- Editing, Deleting and Modification: We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
- Indemnification: You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
- Nontransferable: Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
- Disclaimer: THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limits: All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the 25% of the purchase price you pay for any goods, services or information.
- Third-Party Services: We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies: All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
- Payments: You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. A 50% deposit is required at the time of placing an order 100% on Craft items. After 72 hours this deposit is NON-REFUNDABLE. Your balance will be charged when the packing company takes possession of your order. If stain samples are not returned by the time the packing company gets your order. There is a 50.00 fee charged per board to your account. The charge shows up as Amish Direct Furniture. If your credit card on file gets denied. You have 30 days to supply us with a new one from the time we contact you. If you do not get us payment you will lose your deposit and your order will be considered canceled by you. If any issues arise please contact us prior to doing a charge back to your credit card company. If reverse the charges on your credit card and it is not our mistake or we win the dispute you will be responsible for a 30.00 convenience fee per charge back. You will not receive your order until full payment has been collected by Cashiers check or money order. If there needs to be a Re-Delivery for any reason that is not our fault(wrong order etc) the customer is responsible for the full delivery fee and not the discounted shipping rate. All remaining deposits must be payed 5 days prior to delivery of furniture or COD on pickup.
- Securities Laws: This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
- Links to Other Web Sites: The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
- Submissions: All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
- Return Policy: Due to the nature of our online site, and the products listed, we at Amish Direct Furniture have a strict NO RETURN policy for any product. No product shall be able to be returned for a like item, or for a cash refund. If the furniture you receive is NOT the furniture you ordered- as listed on the copy of the receipt that you receive in the mail and the copy we maintain and have stored in our database – then we will take the steps necessary to make sure that you do receive the furniture you ordered.
- Unclaimed Furniture: After 60 days all unclaimed item(s)will become property of Amish Direct Furniture and forfeit all deposits that have been made. After 60 days the customer may repurchase the items if still available at full price with no discounts plus full delivery cost if delivery needed. This will not apply if you had prior arrangements at the time of placing your order with Amish Direct Furniture. You must keep in contact with us if you need longer arrangements. Items must be paid for in full if we have to hold your order. You are responsible for any charges for storage and shipping.
- Venue; Applicable Law: YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF MACOMB COUNTY , MICHIGAN OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MICHIGAN . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT STERLING HEIGHTS, MICHIGAN OR THE DISTRICT OF MICHIGAN IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by Amish Direct Furniture, an owned subsidiary of Duane Schroeder in the State of Michigan, USA. As such, the laws of MICHIGAN will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
- Lapsed Accounts: In order to keep Amish Direct Furniture membership roster current, if a Member does not access his or her account for a period of 120 days or more, Amish Direct Furniture may, in its sole discretion, terminate such Member’s account. Amish Direct Furniture will endeavor to notify a Member of Amish Direct Furniture intent to terminate such Member’s account by notice to such Member’s provided email address at least 30 days prior to deactivation. If the Member fails to respond to such email notice with 7 days after the day it is sent by Amish Direct Furniture, such Member’s account will be terminated as noted above. Therefore, Amish Direct Furniture strongly recommends that all Members keep their accounts and contact data current and in use. While Amish Direct Furniture desires to prevent active accounts from being terminated prematurely, Amish Direct Furniture has no obligation to maintain accounts that appear to Amish Direct Furniture to have been abandoned. Each Member agrees that failure to access his or her account for 120 days or more conclusively indicates that such Member’s account has been abandoned and that the account may therefore be terminated.
Verify Members’ Address: Amish Direct Furniture reserves the right to contact a Member via email to verify the accuracy of account information (including the Member’s correct name and address) that is needed to provide the Member with the information he or she requested from Amish Direct Furniture Color/Stain Variations
Amish Direct Furniture is not responsible for variations in wood color, stain color,paint color, cherry pits, sap, and wood grain. Wood is a natural product created by nature, the natural characteristics will not allow for a perfectly uniform product.
Estimated Completion Date
Amish Direct Furniture produces solid wood, hand crafted furniture and each piece is made to order. Amish-built furniture is not factory made: additional time is required to build and finish each piece to meet the high standards expected of custom made furniture. The “estimated” completion date is the approximate date the order is expected. Amish Direct Furniture is not responsible if the “actual” completion date varies from the “estimated” completion date. We will do everything we can do to try and get your order in timely manner, however, we will not rush the build and finish process, we want you furniture to be built with the highest possible craftsmanship available. The normal completion date before shipping runs around 8-16 weeks.
Every piece of furniture we sell comes with a 1 year guarantee against defects in materials and workmanship. Should you detect a defect, simply return the item to us and we will repair it at no charge other than necessary shipping costs.Customer must maintain proper care including 40% – 50% humidity. Amish Direct is not responsible for any issues caused by the customer or their place of residence
There is a 6.00% sales tax charge for any order delivered within Michigan. The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
*Deposits: A 50% non-refundable deposit is required before an order is placed. Craft items are 100% non-refundable. Customer has 72 hrs to make any changes or cancel the order. After 72 hrs no cancellations are accepted. Modifications may be made at Amish Directs discretion. There may be charges for this service. Refunds: All cancellations for purchases made by credit card will be refunded to the credit card on file with in 72hrs of notification. There are no refunds on any item for any reason. Only refunds given on deposits that fall into the 72hr policy. After 72 hrs if you wish to cancel you forfeit your deposit. No exceptions *Unclaimed Furniture: After 60 days all unclaimed item(s)will become property of Amish Direct Furniture and forfeit all deposits that have been made. After 60 days the customer may repurchase the items if still available at full price with no discounts plus full delivery cost if delivery needed. This will not apply if you had prior arrangements at the time of placing your order with Amish Direct Furniture. You must keep in contact with us if you need longer arrangements. Items must be paid for in full if we have to hold your order. You are responsible for any charges for storage and shipping. Estimated Completion Date: Amish Directs furniture is hand crafted and each piece is made to order. Amish-built furniture is not factory made. Additional time is required to build and finish each piece to meet the high standards of expected of custom made furniture. The “estimated” completion date is the approximate date the order is expected. Amish Direct is not responsible if the “actual” completion date varies from the “estimated” completion date. Every effort is made to accommodate specific delivery date requests, however, as we are not in control of the various shipping companies, we are completely unable to guarantee any shipping date. Estimated shipping time for all items is 12-16 weeks. No piece will be shipped prior to the finish being cured sufficiently that packaging or wrapping will not cause damage. We reserve the right to cancel any order for any reason. All refunds, if any, that have been charged will be refunded.
Shipping & Delivery
* At this time, Amishdirectfurniture.com ships merchandise only to locations within the continental United States and not to international locations. Nor does Amishdirectfurniture.com ship to Puerto Rico, Guam or the US Virgin Islands. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier. Every effort is made to accommodate specific delivery date requests, however, as we are not in control of the various shipping companies, we are completely unable to guarantee any shipping date. No piece will be shipped prior to the finish being cured sufficiently that packaging or wrapping will not cause damage. All shipping is insured. It is the client’s responsibility to work with shipping company to properly make claim, document damage, and follow through with paperwork and requests to the shipping company for insurance coverage of damage.
* The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, pricing, programs, offerings, or technical information described in this Web site. Amishdirectfurniture.com makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Amishdirectfurniture.com SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Amishdirectfurniture.com BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. — OR Depending on State — The information and content on this server is provided “as is” with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Amishdirectfurniture.com. The references and descriptions of products or services within the Web site materials are provided “as is” without any warranty of any kind, either express or implied. Amishdirectfurniture.com is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon. The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information (“advertisers”), and not Amishdirectfurniture.com. The inclusion of material on this server does not imply any endorsement by Amishdirectfurniture.com, which makes no warranty of any kind with respect to the subject matter of the server materials advertised. A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Amishdirectfurniture.com tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct
* You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). Amishdirectfurniture.com reserves the right to change its payment procedures at any time without prior notice to you. Orders of any kind are non-refundable, and no-cancellations after three days of the original order date. All the normal warranties apply.
* VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Amishdirectfurniture.com and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited. GOVERNING LAW: In the event of litigation both parties agree that the Law of MI shall apply and both parties consent to the jurisdiction of the state courts of Sterling Heights, MI, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury. MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Amishdirectfurniture.com with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Amishdirectfurniture.com with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Amishdirectfurniture.com. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
Our Packaging and Shipping Methods
To give you an accurate shipping quote we need to know what the order consists of the wood type, table size, number of leaves, cost, etc- and your zip code.
Here are the packaging and delivery options available for your Furniture. We leave the choice up to you when picking the packaging and delivery choices you want.
- Curbside Delivery – Which means you bring it into the house or apartment and set it up. The driver will help you get the furniture off of the truck.
- In-house delivery – with this type of delivery the furniture is taken to a local moving company who brings it into your house or apartment, sets it up for you and removes the packaging materials
With either of these options the delivery company will call and schedule an appointment for delivery. You, the customer, is responsible for measuring door openings, stairs, hallways, etc. to insure furniture will fit when delivered. Amish Direct Furniture is not responsible for failure of delivery, regardless of in-house delivery, if you, the customer, did not properly measure door openings, stairs, hallways, etc. and your furniture is unable to reach its final destination. The shipping carrier is not equipped or allowed to take apart your furniture (IE remove desk top) to get the furniture through any door openings, stairs, hallways, etc. If picking up, the customer must inspect furniture to identify any defects or damages that Amish Direct Furniture will have to repair or replace.
We guarantee the furniture against workmanship/craftsmanship for one year. In no way does this apply to normal use or abuse. Customer must maintain proper care including humidity. If something goes wrong with items that are related to the craftsmanship of the furniture within one year of the delivery date the Amish will repair or replace your furniture at no charge. Amish Direct Furniture will cover the shipping charges to and from the builder for the first 30 days after the delivery date. After 30 days all shipping costs are the customers responsibility. If the furniture is somehow damaged by accident after delivery and needs to be repaired our builder will repair it for a reasonable rate. All shipping charges for this are the customers responsibility, though we will help arrange shipping if possible.
If the furniture is damaged during shipping the shipping company will cover all expenses for it’s replacement or repair as well as all shipping charges involved. Amish Direct is not responsible for any damages you must go through the proper procedures. Your furniture will be covered as long as the following guidelines are followed:
- The company is called immediately when damage to the packaging materials is present
- The damage is documented (Clearly written)on the bill of lading BEFORE signing it
When an appointment for delivery has been set please make sure and have a camera, pad of paper and pen or pencil on hand to document any damage that may be present. Be sure to photograph any and all damage to the packaging materials and furniture if its present. DO NOT UNDER ANY CIRCUMSTANCES SIGN THE BILL OF LADING BEFORE YOU HAVE INSPECTED THE FURNITURE FOR DAMAGE. Make the driver wait no matter what. You have made a large investment in the furniture that you bought and we want to make sure that everything is undamaged and in good condition when it is delivered to you. *Regardless on how you place an order with us you automatically accept this as a binding contract.Your signature is your order.