Terms of Use
TERMS OF USE
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Black Cairn (“we,” “us” or “our”), concerning your access to and use of the [website name.com] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
PRODUCTS
All products are handmade with natural materials; therefore, we make every effort to display as accurately as possible the colors, dimensions, and details of the products available on the Site. However, due to the nature of natural woods we do not guarantee that the colors, dimensions, and details of the products will be accurate, complete, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
All products are subject to availability and we cannot guarantee that items will be in stock at time of purchase. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
RETURN POLICY
All sales are final, and no refund will be issued unless item returned under warranty. For warranty details please see Warranty sections under Terms and Conditions.
WARRANTY
Lifetime limited warranty: Items are guaranteed to be delivered in good condition. Items are guaranteed to be free of manufacturing defects. If product fails during normal use despite proper care (see Maintenance page) it will be repaired/replaced. Please use the Contact page with subject line Warranty and we will make it right.
If items are not properly maintained after the first 6 months after purchase, then we maintain the right to deny warranty coverage.
Items covered under warranty
Any defects in materials used to manufacture your product
Any defects in workmanship under normal use
Any broken or damaged components under normal use
What we will do to make it right
We will repair the product, at no cost, if the product is still under warranty
We will repair any broken parts of a product using new or replacement parts
Product will be exchanged with a new product
The price of product will be refunded
Length of Warranty
Products will have a lifetime warranty if proof of proper maintenance (see Maintenance page) can be proven. For Custom work installation will be warrantied for 1 year.
If an item is returned or repaired under warranty a new warranty period of 180 days will be added after product is shipped. In the case of Custom work it will begin after work is completed and accepted.
What the warranty does not cover
Damage of a product resulting from negligence
Damage of a product resulting from unauthorized modification of the product
Damage caused by natural disaster or weather
Theft or loss of the product
Damage of a product from improper storage or use
How to initiate warranty claim
If the product must be returned in its original packaging or equivalently protected If any documents or accessories that shipped with the product must be included in the package
Please use the Contact page with subject line Warranty
Return shipping will be covered
PAYMENT TERMS
We accept the following forms of payment: PayPal and Credit Cards (Processed through Stripe). You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
Custom Work: 25% down upon order receipt, balance (75%) upon completion.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
SHIPPING AND DELIVERY
Please allow up to 5 business days for in stock items to ship. If items are backordered, please allow 2-3 weeks to ship. You will be notified as soon as they are available.
Currently we are offering flat rate shipping for in stock products to the continental United State. Any shipments outside of that area will be quoted and billed accordingly.
Custom work will all have freight added in separately. If items are to be picked up by the customer freight will not be added.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(3) you should not be affiliated with competitors if posting negative reviews;
(4) you may not post any false or misleading statements;
(5) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
LINKS TO OTHER SITES
This Site may contain links to third-party websites (“Other Sites”) that are not under Black Cairn’s control. Black Cairn makes no claim and accepts no responsibility regarding the quality, nature, or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. Black Cairn provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Black Cairn of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use prost at any third-party sites.