TERMS & POLICIES
As a part to our commitment to your privacy, Thomas O’Brien Companies support and adhere to the guidelines and practices adopted by the Direct Marketing Association’s “Privacy Promise to American Consumers”. We have agreed to: 1. Provide customers with notice of their ability to opt out of information rental, sale or exchange with other marketers; 2. Honor customers’ requests not to share their information with other marketers; and 3. Honor customers’ requests not to receive mail, telephone or other solicitations from Thomas O’Brien Companies.
Terms and Conditions of Sale
1. This agreement of sale and purchase of the merchandise indicated on the face of this document is a binding agreement (“Agreement”) by and between the purchaser of such merchandise, as indicated by the signatory in this document (the “Purchaser”), and Aero Ltd. (the “Seller”).
2. All sales require payment in full (including delivery, insurance, sales and/or other taxes, and other related charges) prior to delivery.
3. Unless specifically stated to the contrary, all delivery, packing, crating, shipping, in-transit insurance, local delivery, extraneous uncrating and installation charges, as well as sales or other taxes, are additional to the stated purchase price.
4. Description of merchandise:
(a) Seller’s merchandise, other than new merchandise or custom merchandise, is offered for sale on an “AS IS” basis. Custom merchandise is specially manufactured merchandise which will substantially conform to the description provided by the Seller, except that such merchandise may have commercially acceptable variations in weave, color, match, texture or pattern from description or sample. Described sizes are approximate only.
(b) Regarding vintage and antique items: Seller offers a variety of vintage and antique furniture, art, accessories and objects. Some of these items are presented in original or as-is condition, with full acknowledgment and appreciation of the character that certain imperfections of age and wear create over time.
Seller makes every effort to disclose the condition of each piece, including whether it has been refurbished in some way by Aero Ltd. or another party. Upon request, the Seller will provide additional photography documenting the finish or details of any item.
Seller attempts to attribute items to designers and periods as accurately as possible. Such items are acquired at varied locations throughout the world, and often represent anonymous works; accordingly, not all pieces can always be fully attributed to a specific designer or source and it is not incumbent on Seller to attribute every item. If Purchaser sees an error or omission in provenance, (s)he may inform the Seller. Seller reserves the right to change attribution on any item at its own discretion and without liability.
ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any oral statements about Seller’s merchandise made by Seller’s employees or agents do not constitute warranties, shall not become a part of this Agreement and shall not be relied upon by Purchaser. In no event shall Seller be responsible for the correctness of, or be deemed to have made, any representation or warranty of description, size, medium, geniuses, attribution, provenance, authenticity, age or condition concerning Seller’s merchandise. The Purchaser of any work of art or other property does not, and will not, acquire any copyright or reproduction rights thereto.
5. In connection with carpeting and rugs, color shading, fluffing, shooting of loop ends, roll crush, shedding, crushed pile or missing tufts are characteristics of all pile fabrics and do not constitute manufacturing defects.
6. Quoted delivery dates are approximate dates only. Seller shall not be responsible for any delay in delivery or failure in performance for any cause beyond Seller’s control (including, without limitation, any labor dispute, failure or delay of sources of supply, transportation difficulty, accident, fire, and/or acts of God) or any event which interferes with Seller’s normal business operations.
7. All shipments are made FOB place of origin. Shipping and delivery arrangements are the responsibility of the Purchaser and a copy of such arrangements should be forwarded to Seller. In all cases, the carrier shall be deemed the agent of the Purchaser. Seller shall not be responsible, in any event, for any damage caused to the merchandise during shipment, or in storage. Purchaser should report, in writing, such damage directly to the carrier. All claims for freight overcharge or damage to goods while in transit must be settled with the carrier.
8. Cancellations and Returns:
(a) Floor Merchandise: merchandise purchased from stock may be returned within seven (7) days of purchase, for store credit only, provided that it is unopened, in original condition, and in the original packaging materials. After seven (7) days, such merchandise may be returned for store credit, subject to a restocking charge of 20% of the purchase price. In no event may merchandise be returned more than ninety (90) days after purchase. If Purchaser does not have the original sales receipt, store credit will be issued for the lowest selling price of the item, less any restocking charge.
(b) Custom Merchandise: once an order is accepted, such order may not be canceled and merchandise may not be returned without Seller’s prior consent. A cancellation fee of twenty-five (25%) percent of the purchase price will be imposed on any order which is canceled by Seller following the request of the Purchaser.
9. In no event, nor for any reason, shall Seller be liable for any consequential damages. Seller’s liability, for any reason whatsoever, shall be strictly limited to the amount actually paid by Purchaser to Seller for the subject merchandise, except as otherwise provided by law.
10. If payment is not made in full within thirty (30) days of invoice, Purchaser shall be charged the cost of transfer and storage of the subject merchandise. Purchaser bears any and all risk of loss or damage during such transfer and storage. Once payment is made, Purchaser must take delivery of such merchandise within fourteen (14) calendar days. After that period, the Seller may, at Seller’s sole option, store the merchandise and Purchaser shall be charged any and all costs of transfer and storage until such time as Purchaser takes possession of the merchandise. If payment in full is not made within ninety (90) days of invoice, Seller, at Seller’s sole option, may repossess the goods, and charge the Purchaser cancellation, return, interest, transfer and storage fees as provided herein.
11. Purchaser will be liable for all reasonable costs, expenses and fees, including attorney’s fees, incurred by Seller in collecting monies due or to become due hereunder.
12. ANY ACTION FOR SELLER’S BREACH OF THIS AGREEMENT MUST BE COMMENCED BY PURCHASER WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
13. All monies paid on account of this order shall be credited to the account of the named Purchaser. Seller’s acceptance of payment from anyone other than Purchaser shall be as an accommodation only and shall not create a vendor-vendee relationship express or implied with a payee other than the Purchaser.
14. This Agreement shall be governed and construed in accordance with the laws of the State of New York applicable to agreements executed and to be performed wholly within such State, without regard to any principles of conflicts of law. Each of the parties hereby (i) irrevocably consents and agrees that any legal or equitable action or proceeding arising under or in connection with this Agreement shall be brought in the Federal or State courts located in the County of New York in the State of New York, (ii) by execution and delivery of this Agreement, irrevocably submits to and accepts the jurisdiction of said courts, and (iii) waives any defense that such court is not a convenient forum.
15. The Terms and Conditions on face and reverse hereof constitute the entire Agreement and supersede any contrary provisions of Purchaser’s order. No course of prior dealings between the parties and no trade usage shall be relevant to supplement or explain any term herein. The parties shall not be bound by any agent’s or employee’s representation, promise or inducement not set forth herein. This document shall be binding either (a) when signed and returned by Purchaser: (b) when retained by Purchaser for five (5) business days without objection; or (c) when Purchaser has otherwise confirmed acceptance.