TERMS AND CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These terms and conditions apply to the purchase and sale of products and services through
http://www.theworkshopco-op.com (referred to as the “site”). By placing an order for such products and services, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from this site. These terms and conditions are subject to change by The Workshop 77, LLC (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any product and services that are available through this site.
- Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account.
Once an order has been placed, it cannot be canceled unless we receive written notice from you within seventy-two (72) hours of receiving your order. SPECIAL ORDERS ARE NON-CANCELLABLE, NON-REFUNDABLE AND NON-EXCHANGEABLE.
We are a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our site.
We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
- Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept American Express, Discover, MasterCard, VISA, PayPal and Direct Bank Transfers for all purchases. You represent and warrant that (a) the credit card and other financial information you supply to us is true, correct and complete, (b) charges incurred by you will be honored by your credit card company or financial institution, and (c) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling are not included in listed prices and will be made in accordance with our then current shipping policies, as described below.
- Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
- Custom and Special Orders. SPECIAL / CUSTOM ORDERS ARE NOT SUBJECT TO CANCELLATION – ALL SALES ARE FINAL. PAYMENT REPRESENTS PREPAYMENT IN FULL FOR MERCHANDISE TO BE DELIVERED AT LATER DATE. DELAYED DELIVERY.
Availability of merchandise is estimated according to information on hand at the time purchase. We are not responsible for delays in delivery of merchandise due to manufacturing delays, stock on hand, availability of materials, transportation delays or any other cause beyond the control of us. In the event that any merchandise is out of stock and delivery will be delayed or the merchandise is no longer available, we shall offer you the ability to purchase a replacement or will cancel the transaction, at your direction. SPECIAL OR CUSTOM ORDERS ARE NOT SUBJECT TO CANCELLATION. ALL CLEARANCE OR SPECIAL SALE ITEMS: NO RETURNS, EXCHANGES, STORE CREDIT – ALL SALES FINAL. You assume all risks associated with the transportation of merchandise picked up from our warehouse facility. We are not responsible for merchandise that is too large or small to fit at your location. It is your responsibility to re-package and pay any charges associated with the return of merchandise.
- Shipping Policy
We offer a variety of shipping options to meet your shipping needs. We use only premium carriers with various delivery options available for many items. Please indicate your shipping information and instructions upon placing an order. A quote for shipping and handling charges will be sent to you within seventy-two (72) hours of placing your order. We will handle product shipments unless you notify us otherwise in writing within twenty-four (24) hours of receiving a shipping and handling quote. All deliveries are insured and guaranteed against loss, theft and damage. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted.
Please note the quoted shipping time frame may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
There may be occasional delays beyond the quoted order processing time. If the delay is more than two (2) business days beyond the quoted order processing time, we will send you an e-mail message notifying you of the delay. If the delay will be less than two (2) business days, we will ship the product as soon as it is received. If your product is on backorder for more than thirty (30) business days, we will send you an e-mail message asking if you want to cancel the order. If you do not advise us in writing that you would like to cancel the order, we will keep the order active and continue to send you inquiries every thirty (30) business days until the order is canceled or delivery occurs.
These shipping terms are accepted by you by placing an order with us. Customer agrees that the order is final and delivered upon receipt and acceptance of order by carrier / shipper. Possession of merchandise transfers to customer upon delivery of your order to the carrier / shipper.
In lieu of our shipping your products, you have to option to pick up your products directly from our warehouse located at 1820 Chicago St., Laredo, Texas 78041, either personally or arranging the pick-up with a third party delivery service of your choice.
- Advertising Disclaimer and Trademarks
We strive for accuracy in all aspects of our website. From time to time, due to changing product specifications and technical changes, there may be errors or omissions in product descriptions, pricing, and availability. We reserve the right to correct any errors or omissions and to update information at any time without prior notice. Although most of our products are made to order, we carry some products from other suppliers and third party manufacturers. The descriptions of products and services offered by our suppliers and third party manufacturers that are posted on our site are the representations of our suppliers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers and third party manufacturers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your credit card account in the amount of the charge.
All trademarks and registered trademarks relating to products and services of our suppliers and third party manufacturers which are available through our site are the sole property of their respective owners. Photographs courtesy of the respective manufacturers.
- Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy set forth below. ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL THE WORKSHOP 77, LLC OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NO EMPLOYEE OR REPRESENTATIVE OF THE WORKSHOP 77, LLC IS AUTHORIZED TO MODIFY THIS LIMITATION.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
- Special Orders / Natural Materials
Please be aware that wood, cowhide, upholstery, leather products and other materials used for manufacturing of the products are made from natural materials and some variance is to be expected. All products are handmade and all natural materials will have a unique variance in color and texture. A natural occurrence in these materials is not a manufacturing defect and the customer should expect slight differences between each product even if the same product was ordered. Wood grains and color tones are also subject to variation and naturally change appearance with age.
- Warranty and Return Policy
Tailor Made Products
Except as specified herein, we warrant that any made-to-order goods manufactured by us and sold hereunder will be free from defects in workmanship and materials for one (1) year. This warranty does not apply to damage or breakage resulting from misuse, accidents, abuse, neglect, mishandling or wear resulting from normal use. Defective products will be replaced within the normal production time period required to reorder and manufacture the same product.
Third Party Manufactured Products
Some of the products and services available through our site are covered under the manufacturer’s warranty. If applicable, manufacturer’s warranties apply from the date of shipment. You understand that we do not operate or control the products or services offered by the third party manufacturers participating on our site, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products and services that you may purchase through our site.
While we do not offer any warranties with respect to the third party manufacturers’ products and services available through our site, we are committed to working with you to ensure that every product under warranty performs to the manufacturer’s specifications.
We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. If your order arrives in a damaged condition, contact the shipper / carrier directly. All damage claims must be initiated directly by customer with their shipper/ carrier.
DEFECTIVE returns can be returned directly to us within ten (10) days from the invoice date for, at our discretion, credit, replacement, exchange or repair. Manufacturer restrictions do apply. Any item that is missing the UPC can ONLY be replaced with the same item.
NON-DEFECTIVE returns can be accepted directly by us within three (3) days from the invoice date for, at our discretion, credit or exchange. All NON-DEFECTIVE returns are subject to a 75% restocking fee.
Some third party manufacturers do not accept returns of certain items for exchange, replacement or credit FOR ANY REASON, and you should check the information provided with the description of the particular product. DEFECTIVE merchandise can be returned for REPAIR only to the manufacturer directly or to any authorized service center in your area. See the description of the particular product for warranty information as provided by the manufacturer.
Questions regarding our warranty and return policies should be addressed via e-mail to [email protected] or by regular mail to The Workshop 77, LLC, 3355 Bee Cave Road, Suite 304, Austin, Texas 78746, Attention: Merchandising. These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our site.
- Safe Shopping Guarantee
Your browser and our secure server encrypt confidential information during transmission, ensuring that transactions stay private and protected. We guarantee the safety of your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on our site, simply notify your credit card provider in accordance with its reporting rules and procedures.
You can always order by telephone. Call us at (512) 961-5590 within the United States and Canada. We cannot accept orders from outside the United States or Canada. No matter how you place your order with us, we want you to have a comfortable buying experience.
- Privacy and Customer Information
We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information.
At any time you may update your customer account information by following the instructions posted elsewhere on this site.
- Service and Support
All requests for technical service and support with respect to the services available through our site should be made directly to us by e-mail at [email protected] or by mail at The Workshop 77, LLC, 3355 Bee Cave Road, Suite 304, Austin, Texas 78746, Attention: Merchandising.
Except as explicitly noted on this site, the services available through this site are offered by The Workshop 77, LLC, a Texas limited liability company, located at 3355 Bee Cave Road, Suite 304, Austin, Texas 78746. Our telephone number is (512) 961-5590.
- Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
- Governing Law and Dispute Resolution
This site is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this site both of us agree that the statutes and laws of the State of Texas, including the Uniform Commercial Code as enacted in that jurisdiction, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of Travis County, Texas with respect to such matters.
All disputes shall be filed with the American Arbitration Association (“AAA”) in Austin, Texas and governed by the rules of AAA. All decisions made in the arbitration will be consider binding and an entry of judgment shall be deemed to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court having competent jurisdiction. Attorney fees and costs shall be awarded to prevailing party.
We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.