VOLKSKABINETT PRE-SALE TERMS
CANCELLATION OF ORDER
This order is not cancelable after receipt of payment. Changes in orders or cancellations require prior approval of Erik Needham Woodworks. Such orders will be subject to change or cancellation fees up to 50% of the selling price, and Erik Needham Woodworks / Eskatonic Modular have up to 3 months after the day cancellation has been approved. The cabinet and all related materials as part of the sale are non-returnable. Due to the nature of material, hardware, and electronics supply & delivery times, Erik Needham Woodworks / Eskatonic Modular have up to 6 months to ready a cabinet for shipping.
This Erik Needham Woodworks / Eskatonic Modular cabinet is backed by a one year, non-transferable warranty to be free from defects in material and workmanship. Warranty extends to repair or replacement at our discretion. Claims must be sent with photography showing the defect. If a return is agreed to by Needham Woodworks for any reason other than defect in material or workmanship, buyer will pay for all costs associated with the return of the cabinet and will be responsible for any damage occurring during the return of the cabinet.
Once the customer accepts the cabinet, Erik Needham Woodworks / Eskatonic Modular accepts no responsibility for maintenance or for the effects of the environment on the products. Wood products can expand and contract with temperature and humidity, as wood is a natural product.
Due to the artistic and custom nature of the manufacturing process, all quoted completion and delivery dates are estimates only. Manufacturer shall not be liable for delays in completion or shipment or default in delivery for any reason of force majeure or for any cause beyond Manufacturer’s reasonable control including, but not limited to, (a) government action, war, riots, civil commotion, embargoes or martial laws, (b) Manufacturer’s inability to obtain necessary materials from its usual sources of supply, (c) shortage of labor, raw material, production or transportation facilities or other delays in transit, (d) labor difficulty involving employees of Manufacturer or others, (e) fire, flood, or other casualty, or (f) other contingencies of manufacture or shipment. In the event of any delay in Manufacturer’s performance due in whole or in part to any cause beyond Manufacturer’s reasonable control, Manufacturer shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of the cabinet shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of the cabinet.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in contract law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
Introduction and Acceptance of the Terms and Conditions
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘Eskatonic Modular’ (hereafter also referred to as ‘We’ or the ‘Website’), belonging to the company Eskatonic Modular. Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express. written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and Company as they are used to protect your rights as a valued customer and our rights as a business.
Changes to the Terms of Service and the Website
Eskatonic Modular is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.
Access to the Website
We work hard to ensure the Website is always up and available, but we can't guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
Parts of the Website may require you to input a password to access certain features. This is to be able to give you details relevant to your order while still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with Eskatonic Modular by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using Eskatonic Modular in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.
Eskatonic Modular takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.
The prices indicated on Eskatonic Modular are shown in US Dollars and do not include delivery. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
We will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will remove and credit the missing products.
Eskatonic Modular currently offers two ways to pay for your order, both processed by PayPal. These payment options use advanced SSL encryption to keep your transaction secure and do not cost you anything to use (Eskatonic Modular is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payments. Please refer to PayPal for full terms and conditions of use.
Your order will be delivered to the address you indicated when your order was placed.
Eskatonic Modular does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
Title to the goods transfers to you upon delivery to the carrier. Eskatonic Modular is not responsible for lost or damaged goods once the shipment has been tendered to the carrier.
Privacy and protection of personal data
The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.
You can at any time make a request to Eskatonic Modular to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.
Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.
All the content on Eskatonic Modular website (illustrations, texts, names, brand names, images and videos) is the property of Eskatonic Modular or used with permission of the content creator. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by Eskatonic Modular. All information, content and files is protected by International law concerning intellectual ownership and copyright. Eskatonic Modular cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offense of forgery, which is severely punished under the Intellectual Property Code.
Eskatonic Modular will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.