Revised as of 12 May, 2009
This Online Purchase Information governs purchases made through the eboniste.com website.
This web site, located at www.eboniste.com and all content and services available through it (collectively, the "Site") are provided by Eboniste under this Terms of Service, together with any amendments to the Terms that we may publish from time to time (the "Terms").
BY ACCESSING, BROWSING, PURCHASING THROUGH OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. If you do not agree to abide by the Terms, please do not use the Site or download content from Eboniste.
Online purchases are priced and warranted for residents of the U.S.A.
Your satisfaction is of the highest importance and we stand behind the quality of everything we sell.
If there is a problem with your order, please document the problem and contact us immediately.
To place an order, you agree to provide only true, accurate, current and complete information during the checkout process, and agree to update that information to keep it true, accurate, current and complete. Eboniste shall have the right to bar your access to the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information. Orders must be paid in full before shipment.
You represent and warrant that:
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
If required by US, state or foreign governments Eboniste shall automatically charge and withhold taxes, duties and VAT.
All purchases will require a signature by an adult aged over 18 upon delivery. Commercial Accounts may arrange for drop-shipment to jobsites. Purchases cannot be shipped to a P.O. Box.
Delivery and handling charges are specified on your order page. In the event delivery charges are not specified, they will be added to your order and you will be notified. We reserve the right to update delivery charges as accordingly before the order ships.
Title to any products you order on this website, and risk of loss or damage to products, passes to you on delivery of the products, provided that we have received payment in full.
We can accommodate quantity custom and contract orders. All such custom orders require a 50% deposit upon ordering, which is non-refundable. All products that are custom made-to-order cannot be cancelled or refunded once the order is in production and will be subject to a cancellation charge of 50%.
Standard items available from our various vendors can be ordered for you without a deposit at our discretion
All items not listed on our web site are sold on an "as-is" basis and are not returnable
We attempt to keep all products available for quick delivery. This is not always possible and all products on the website are subject to availability. We reserve the right to limit the quantity of products we supply; supply only part of an order or to divide up orders. We also reserve the right to alter the terms or duration of any special offers or sale promotion. We will inform you if we are unable to fill your order completely at the time of your order.
You agree that your placement of an electronic order on the eboniste.com site is sufficient to satisfy the Statute of Frauds, and no further writing is required. Terms of payment are within our sole discretion, and unless otherwise agreed, we must receive payment prior to acceptance of an order. Orders are not binding until the order is accepted. We may need to verify any information you provide before we accept an order, and may cancel or limit an order any time after it has been placed. We expressly condition the acceptance of your order on your agreement to the Terms.
In the event a product is listed at an incorrect price due to a typographical or other error, we shall have the right to refuse, cancel or limit any order placed for products listed at the incorrect price, whether or not an order confirmation has been sent and/or payment has been made. If payment has already been made and your order is canceled or limited, we shall refund any payment you made in the same tender as the original purchase.
If we discover an error in the price of goods you have ordered, we will give you the option of reconfirming your order at the correct price or cancelling the order. If we are unable to contact you, we will treat the order as cancelled.
Reference prices are our retail prices and are subject to change.
Prices exclude handling and delivery charges unless expressly stated otherwise.
We accept the following forms of payment for online purchases:
Eboniste charges your credit card at order acceptance, not at the time you submit your order. Our process is to: verify your card details, receive credit authorization and confirm stock availability. Then, your order is ready for dispatch. Unless your order is subject to a deposit, we don't charge your card until your order is ready to ship.
For all in-stock items, we will make best efforts to ship merchandise within 48 hours of our estimated ship date. However, any delivery or shipment date provided by us to you is a good faith estimate.
We shall not be liable for any loss, damage, cost or expense related to any delay in shipment or delivery.
You will be charged separately for shipping and handling, and will have the opportunity to review shipping and handling charges when you submit an order. We reserve the right to alter any quoted shipping rates for any order for any reason at any time. In such an event, you will be notified of the modified shipping charges.
We email you a tracking number upon shipment of your goods.
Finish examples are for identification only. We attempt to depict Eboniste products as accurately as possible in words and in pictures. However, computer monitors are not identical or yours may not be color calibrated. Consequently, web presentation colors may not show the exact color effect of the product you receive due to individual characteristics, materials used, hand finishing and photography style.
Most of our products are artesianally, bench-finished by an individual craftsperson out of natural materials. As such, colors may vary slightly from piece to piece and from order to order. If perfect color matching is crucial to your project we may not be able to meet your requirements and encourage you to source product from any number of to-the-trade design houses which specialize in color consistency. We offer incredible value-for-money but do not compete directly with brands which specialize in color consistency.
Processes as described in our selling copy highlight the hand-made nature of Eboniste products. Products identified as hand made are, literally, bench-made by an individual craftsperson. As such, dimensions will vary from piece to piece and from order to order. We warrant that our products will not vary more than 4% from any published dimension. If perfect sizing is crucial to your project we may not be able to meet your requirements and encourage you to source product from any number of to-the-trade design houses which specialize in size consistency. As with color, we do not compete directly with brands which specialize in size consistency.
Our products patinate and improve with age and use. However, no finish can withstand continued exposure to sunlight, moisture, solvents, pollution or intentional destruction. We sell fine things which require fine care. Environmental Damage may void your warranty.
Please read the suggestions below to ensure the long-term life and enjoyment of your purchases. Most products should be spotted, dusted or cleaned with a soft cloth which is barely dampened with water.
We recommend: Furniture Care - Wipe spills immediately - Use a coaster - Clean your furniture frequently with a soft rag barely dampened with plain water - Do not use aerosol cleaners / polishers - Once or twice a year, give furniture a good polishing with a high quality wax that has a hard-finish blend of natural bee's and carnauba waxes. - Please note the gloss level on the wax label and match the wax reflectivity to the product reflectivity - Keep furniture out of direct sunlight - Keep furniture away from direct sources of heat and cold - Avoid rapid fluctuations in temperature and humidity Serveware Care - Hand wash in lukewarm water and very diluted dishwashing detergent - Towel dry immediately - Avoid dishwashing machines, harsh cleansers, cleaning pads and rough cloths - Polish silver with high-quality silver polishing cloths
We want you to be happy. Merchandise purchased on the Site may be returned within 30 days of purchase with original receipt and all merchandise tags attached. All returned merchandise must be in "as-new" condition. You must obtain a Return Materials Authorization from us before returning all items. You may obtain an RMA by emailing sales@eboniste.com or calling our sales line. All returns are at your expense.
If an item arrives damaged, notify us immediately so that we may work with you to arrange a return, replacement, inspection, refund or credit. Please take a photo of any damage and save the packaging.
Refunds are issued in the same form as payment. We do not reimburse for shipping and handling charges. Delivery charges already paid are non-refundable. All returns must be shipped in the original packaging. We do not reimburse for returns delivered to us that have been damaged or do not include all original packaging
We carefully inspect every item before packaging. We take great care packing shipments so that your order arrives safely. Yet, Eboniste products are highly susceptible to damage during transit.
The consignee/receiver must make exceptions to condition upon delivery. Please note any damage to cartons on your shipper receipt. If you discover the product is damaged in any way please request an inspection immediately.
If something is damaged, we will need your help to make things right. Claims for loss or damage are often valid only when filed with the delivering carrier in writing within two (2) weeks from delivery date. Due to the constrictions of our delivery partners, often only you, the purchaser/ consignee/ receiver, can file a claim.
Claims for repair or replacement must be presented in writing to Eboniste. Returned goods should be sent directly to Eboniste. You will incur return shipment charges.
We cannot accept liability for damages caused by non-delivery, acts of God, fire or other casualty, accident, strike, government action, hostilities, embargos, blockades or any other causes beyond our reasonable control.
Gift-Wrap is not available at this time.
Eboniste and Eboniste.com are service marks of Eboniste LLC which does business under the name Eboniste. All references to Eboniste on this web site are in turn references to this site's owner, Eboniste LLC, which is a privately held company organized in the state of Arizona.
This Site, including all graphics, text, photographs, drawings, software, sound, videos or other material available through the Site (collectively, the "Content"), is original creative content owned by Eboniste LLC, or content used by permission of the owner(s), and thus protected by worldwide copyright, trademark and other proprietary laws and treaty provisions. Except as expressly authorized by us or by an applicable third party from whom the Content originated, you agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer or create derivative works based on the Site or any Content available through the Site. Eboniste authorizes you to view and download one copy of the Content available through the Site only to assist the buying process. For this courtesy, you agree to keep all copyright and other proprietary notices intact. You agree not to access the Site, or provide access to the Site, by means other than the interface that is provided by eboniste.com for use in accessing the Site.
You understand and agree that all Content is the sole responsibility of the entity from which that Content originated. You agree that you will not use the Site in any way to:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CONTENT ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. EBONISTE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE AVAILABILITY OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SOME ITEMS MAY COME WITH A MANUFACTURER'S WARRANTY, WHICH WILL VARY FROM PRODUCT TO PRODUCT.
IN NO EVENT, INCLUDING WITHOUT LIMITATION SHALL EBONISTE LLC DBA EBONISTE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO ANY ENTITY FOR ANY INDIRECT, SPECIAL, NEGLIGENCE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR OTHERWISE ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SITE OR ANY LINKED WEBSITE, THE STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED ACCESS TO THE SITE, YOUR TRANSMISSIONS, YOUR ACCOUNT OR YOUR PASSWORD, EVEN IF EBONISTE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Eboniste LLC dba Eboniste, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action or damage, including reasonable attorney's fees, made or incurred by any third party arising out of or related to your use of the Site, any Content you transmit via the Site, or your violation of the Terms.
Eboniste reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms in whole or in part, at any time. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes. You should periodically check the "Terms of Service" link on our homepage to view the current Terms.
Eboniste may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that we shall not be liable therefore.
You agree that Eboniste LLC dba Eboniste, in its sole discretion and at any time without notice to you, may terminate your use of the Site, including without limitation, your password and account, and may remove or delete any Content on the Site or within your account, including Content you have provide to us or transmit through the Site. You further agree that Eboniste shall not be liable for any termination of your use of or access to the Site. In the event of any termination of the Terms, or your use of or access to the Site, you agree that the provisions regarding Intellectual Property Rights, Indemnification, Disclaimer of Warranties, Limitations of Liability, and General shall survive any such termination.
Your dealings or communications through the Site with any party other than Eboniste are solely between you and that third party, and Eboniste does not make any representations or warranties with respect to any goods, services or information that may be obtained from such third parties.
The Site, or third parties on the Site, may provide links to other sites and/or resources over which Eboniste has no control, and we shall not be liable for the content, advertising, products or other materials available through such other sites or resources
This Site is controlled, operated and administered by Eboniste from its offices within the United States of America. Unless specifically identified, we make no representation that materials on the Site are appropriate for use at other locations outside of the United States. Access to Eboniste product from territories where these contents are illegal is prohibited. You may not use the Site or export the Content in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
The laws of the State of Arizona shall govern the Terms, without giving effect to its conflict of laws provisions. Any claim or controversy arising in any way out of or relating to the Terms shall be filed in a court of competent jurisdiction sitting in Maricopa County, Arizona. Both parties consent to exclusive jurisdiction in that county, provided, however that either party may elect to settle any litigation in any way arising out of or relating to these Terms of Service by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in Maricopa County, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
It is the express wish of the parties that the Terms and all related documents are drawn up in English.
Except as explicitly stated otherwise, notice to Eboniste shall be given by postal mail to:
Eboniste LLC 93 S Jackson St. #28210 Seattle, WA 98104
and notice to you shall be given by an e-mail sent to the address you provided during the checkout process, or through a general notice posted on our homepage. In addition, we may give you notice by certified mail to the postal address provided during the checkout process. Postal notice shall be deemed given 3 days after the date of mailing. E-mail notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
The Terms constitutes the entire agreement between Eboniste and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitations to the contrary. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect. Any failure by Eboniste to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are for convenience and do not carry a legal or contractual effect.