Selling Policy

This Spinneybeck Shop Selling Policy only applies to online sales of Spinneybeck Product Lines (“Products”) made by Spinneybeck (“Spinneybeck”, “We”, “Us” or “Our”) through the Spinneybeck Shop website and replaces any other documents or discussions Spinneybeck previously had with You, the purchaser (“You” or “Your”). All prices, terms, discounts and product offerings are subject to change without notice.

Order Confirmation

Your order is not binding on the Spinneybeck Shop until You have received Your order confirmation from Spinneybeck, which will be transmitted to You through electronic mail. You should print and review Your order confirmation and retain a copy for Your records. Spinneybeck reserves the right, without notice to You, to limit Your order quantity and/or refuse service to any customer. Spinneybeck reserves the right to cancel any order and to correct any errors, inaccuracies or omissions.

Pricing

The prices charged by Spinneybeck shall be those prices in effect on the date of Our receipt of a complete order from You. These merchandise prices do not include the cost of shipping the Products to Your designated “Ship To” address or any taxes on shipping, when applicable. You will be charged prior to the time Your order is shipped.

Shipping and Delivery

Orders are shipped prepaid freight and shipments are FOB Getzville, New York USA. Once Your shipment leaves our facility, Your shipment time is based upon the shipping method selected. Spinneybeck will notify You via electronic mail when Your shipment leaves our facility. Spinneybeck shall not be responsible for specific carrier delivery date or time.

Taxes

Sales tax will be charged according to the ultimate “Ship To” destination of Your order. All sales, use, excise, and other taxes applicable to the sale of the Products are Your sole responsibility and will be charged at the time of Order placement. Spinneybeck will provide You with an estimate of these taxes at the time You submit Your order; however, this estimate may be revised by Spinneybeck prior to shipment of Your order if tax rates change.

Terms Of Payment

You are required to provide a valid credit card number to Spinneybeck when Your order is submitted. By submitting Your order, You authorize Spinneybeck to charge Your credit card for the entire purchase price, plus shipping costs and taxes and any return delivery/freight charges. Spinneybeck reserves the right to accept or reject the credit card number You provide when You enter Your order. By submitting an order and a credit card number, You represent to Spinneybeck that You are the card holder, that the card is valid and that You are authorized to make the charges.

Changes and Cancellations

Any change or cancellation to an order is required within two (2) hours of receipt of Your order confirmation. Any changes or cancellations must be requested by speaking directly with Spinneybeck Customer Service at 800.482.7777. No changes or cancellations may be requested by email.

Damage In Transit

You are responsible for inspecting all Products for visible damage when You receive Your order. Damage to the packaging alone does not constitute damage to the Product and will not be considered valid for claim purposes. You must report any damage to Spinneybeck Customer Service within five (5) business days of Your receipt of the Products. Spinneybeck will repair or replace the Product damaged in shipment only if You have notified Spinneybeck of the damage within five (5) business days of receiving the Product.

If submitting a claim for damage in transit for a UPS delivery, You must retain all Product and packaging for inspection. After Customer Service has verified Your damage in transit claim, We may send You new packaging and labels so that You can return the Product to Spinneybeck at no charge to You. Once the Product is received and verified by Spinneybeck, we will either repair or replace the Product and send it back to You at no additional charge.

Returns

Returns are only accepted on authorized warranty issues and require prior approval. All claims must be requested within seven (7) days and physically returned within thirty (30) days from date of receipt of product. All merchandise must be returned in salable condition in order to receive credit. Shipment of returned merchandise will be refused if the packages are not properly labeled with the Return Goods Authorization number (RGA #). Cutting and/or marking of merchandise indicates acceptance. No cut or marked merchandise returns will be accepted. Returned merchandise (uncut and undamaged) is subject to a restocking fee of 30%.

Color and Thickness Variation

Product color is only indicative, as it is not always possible to assure consistency of color in a natural product as there may be slight variations in color and thickness between dyelots or production runs. Natural materials have minor variations in structure, which affect how much dye is absorbed; therefore we cannot guarantee exact color matching on all shipments.

Floor Covering Variation

All floor coverings are made from natural materials and may incorporate handcraftsmanship. Therefore slight irregularity may occur and sizes can vary or change up to ±5%.

Warranty

All goods are sold without warranty or condition expressed or implied. Spinneybeck products carry a one (1) year limited warranty from the date of shipment against manufacturing defects. For purposes of this warranty, manufacturing defects do not include normal wear, user modifications, acts or omissions of persons other than Spinneybeck, surface blemishes and or other characteristics considered natural. Should any failure to conform to this limited warranty appear during the warranty period from the date of shipment, Spinneybeck shall, upon prompt written notice, repair or replace, at its option and cost, the affected products. The express warranties contained herein are in lieu of all other warranties, expressed or implied, including any warranties of merchantability and fitness for a particular purpose and all other warranties arising from course of dealing or usage of trade. The remedies provided above are the Purchaser’s sole remedies for any failure of Spinneybeck to comply with its obligations regarding the workmanship of its products. Correction of any nonconformity in the manner and for the period of time provided shall constitute fulfillment of all liabilities of Spinneybeck, with respect to or arising out of the product furnished hereunder. Purchaser’s remedies set forth herein are exclusive and the liability of Spinneybeck with respect to the breach of this agreement or any contract entered into between the parties pursuant hereto shall not exceed the price of the product or part on which such liability is based.

Disclaimers

THE EXPRESS WARRANTIES CONTAINED IN THIS SELLING POLICY ARE THE ONLY WARRANTIES THAT SPINNEYBECK MAKES AND TAKE THE PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

The remedies provided in this Spinneybeck Shop Selling Policy are Your only remedies for any failure by Spinneybeck to comply with its promises regarding the workmanship of its Products. Spinneybeck’s correction of any defect in the manner and for the period of time provided shall constitute complete fulfillment of all liabilities of Spinneybeck, with respect to or arising out of the Product sold to You.

Delay / Force Majeure

Spinneybeck shall not be liable for failure to perform or for delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, acts of war or terrorism, fuel or energy shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials or manufacturing facilities from usual sources or failure of suppliers to meet their contractual obligations, or due to any cause beyond Spinneybeck’s reasonable control. If one of these events occurs, Spinneybeck may extend delivery dates by a period of time necessary to overcome the effect of the delay, allocate available Product or cancel any order.

Limitations and Liability

Spinneybeck, its contractors, authorized dealers, and subcontractors or suppliers of any tier shall not be liable to you for any special, indirect, incidental or consequential damages (damages that arise from an act, but do not directly relate to the act) arising from a breach of this agreement.

Your remedies set forth in this selling policy are exclusive and the liability of Spinneybeck with respect to the breach of this selling policy or any contract entered into between You and Spinneybeck shall not exceed the price of the product or part on which this liability is based.

If the laws of any jurisdiction do not permit limitations or exclusions of implied warranties, incidental damages and consequential damages, these limitations may not apply. In these jurisdictions, the above limitations shall be enforced to the greatest extent permitted by applicable law.

Governing Law

The law of the State of New York governs this Selling Policy and all sales in the Spinneybeck Shop. Spinneybeck makes no representation that the information in the Spinneybeck Shop is appropriate or available for use in other locations, and access to this Site from territories where the content of the Site may be illegal is prohibited.

Terms + Conditions Of Sale

Sales by Spinneybeck of Spinneybeck Products through the Spinneybeck Shop within the United States are made only on the terms which are contained in this Selling Policy. Spinneybeck objects to any different or additional terms and conditions that You may propose. This sale is expressly conditional upon Your agreement to these terms and conditions. These terms and conditions may be changed only by a written document signed by both parties. The parties intend that these terms and conditions, together with the order confirmation and final invoice sent to You via electronic mail, constitute the final, complete, and exclusive agreement between Spinneybeck and You.

Privacy Policy

We recommend that You review Our Privacy Policy. If at any time You are not in compliance with the policy, We have the right to terminate Your rights of use and access to the Spinneybeck Shop. Unfortunately, We cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and You authorize us to disclose information as We believe, in Our sole discretion, is necessary or appropriate.

How To Contact Us

For more information on any of the above policies, please contact us at:

Spinneybeck Enterprises, Inc.
425 Crosspoint Parkway
Getzville NY 14068
USA
+1.716.446.2380
[email protected]