User Agreement - Rustic Barn Hardware

TERMS & CONDITIONS

PRIVACY POLICY
TERMS OF USE
|
RETURNS POLICY
ADDITIONAL PROVISIONS

RusticBarnHardware.com knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By using our site, you are accepting the practices described in this Privacy Policy.

Personal Information

RusticBarnHardware.com collects information about what customers do on our site, where customers came from, how they found our site, what pages they visit, and where they go when they leave our site. This information is collected in the aggregate and is used to help us create a better, more streamline experience for the user. RusticBarnHardware.com owns the information collected on our sites. We will not sell or rent this information to third parties without your consent.

Cookies and IP Addresses

We use cookies to create a better experience for our users. Cookies are small pieces of information stored by your internet browser to your computers' hard drive. We do not and cannot use cookies to gather your confidential information that may be stored on your hard drive.

Acceptance of cookies is not a requirement to browse our sites. Cookies are never used to store sensitive customer information such as names, addresses, passwords or credit card numbers

RusticBarnHardware.com, like many sites, uses your IP address to administer our Web site, to help identify your location, and to gather broad demographic information.

External Links

This site contains links to other third-party sites. RusticBarnHardware.com is not responsible for the privacy practices or the content of such sites.

Electronic Communications

There are features on our sites that allow you to easily share product or other valuable information with your friends. Any email addresses provided to us in the use of these features are used solely for direction of the email communication. These email addresses are not used for any purpose other than the purpose for which they are originally intended.

We also collect email(s) sent to us by our customers for record-keeping purposes.

Password Protection

Some of our sites require passwords for their services. The user should protect his or her password at all times. If a user feels that his or her password has been compromised, it should be changed immediately. The user is solely responsible for any action taken by another using his or her password.

Security

RusticBarnHardware.com uses Advances Encryption Standard 256-bit Security technologies and/or other industry standards to safeguard all of your personal information on our sites. However, no safeguard is 100% foolproof; therefore we will not be responsible for the use of personal information if it is lost or stolen.

*If we become aware of, through a complaint or otherwise of a violation of the Privacy Policy, we may, but are not obligated to, conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action. You agree to cooperate fully with any such investigation.

We may, in our sole discretion, report actual or perceived violations of law to law enforcement or the appropriate authorities. Furthermore, we may disclose personal information when required by law or requested by law enforcement or the appropriate authorities in the good faith belief that such an action is necessary to conform to the edicts of the law, or to comply with a legal process served on or initiated by RusticBarnHardware.com

+more info

By using RusticBarnHardware.com or its websites, services or related tools, you agree with RusticBarnHardware.com to the following terms.

Before using the RusticBarnHardware.com sites or its services, you must read and accept all the terms in and linked to the Terms of Use Agreement and the Privacy Policy.

Some other RusticBarnHardware.com sites may have additional or other terms that are provided when using the sites or their services.

Use of the Site

While using RusticBarnHardware.com sites, the user will not:

1. Violate any laws, third party rights or policies;
2. Use our sites, services or tools if you are not able to form legally binding contracts or are currently suspended from using our sites, services or tools;
3. RusticBarnHardware.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use RusticBarnHardware.com sites only under the supervision of a parent or guardian;
4. Fail to pay for any item purchased on the website or to perform any obligation which arises from the use of the website;
5. Post false, inaccurate, misleading, defamatory, or libelous content (including personal information) on or about any RusticBarnHardware.com site;
6. Take any action that may undermine a ratings system used by or created by RusticBarnHardware.com or its sites;
7. Distribute viruses or any other technologies that may harm or monitor RusticBarnHardware.com, its sites or the interests of its users;
8. Harvest or collect any information about users of this site or any RusticBarnHardware.com site without their consent.

THIS SITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. RusticBarnHardware.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, BY YOUR OWN FREE WILL, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM THIS USE. WHERE APPLICABLE, RusticBarnHardware.com DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH REASONABLE EFFORTS ARE MADE, RusticBarnHardware.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR ITS ELECTRONIC COMMUNICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RusticBarnHardware.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

If you, the user, feel that there is a problem with the RusticBarnHardware.com sites, we encourage you to report it to us at webmaster@sequoiabrands.com.

If you find any content used in the RusticBarnHardware.com sites to be offensive, or believe it to be infringing or in violation of law we also encourage you to report the content to us at webmaster@sequoiabrands.com.

Product Descriptions

RusticBarnHardware.com and its sites attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information, we shall have the right to refuse or cancel any orders. 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 and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your purchase you may return it as described in our Return policy.

This website is a RusticBarnHardware.com site and its contents are intended for the personal use of the users. Unless otherwise noted, all content on this site, including text, graphics, logos, button icons, images, audio clips, and software, is the property of RusticBarnHardware.com and is protected by United States and international copyright laws. Manufacturers and other third parties that have contributed content also own copyrights in the content original to them.

You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the site content in whole or in part. Downloading or copying site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of RusticBarnHardware.com You may not frame or otherwise use framing techniques to enclose any content, trademark, logo, or copyrighted material from the site or use any meta-tags or any other hidden text, without our express written consent.

All trademarks or top level domain names owned and used, whether registered or not is the sole property of RusticBarnHardware.com Use of trade names in any way including but not limited to: as content on a website, in meta-tags or other hidden text, in advertisements that direct the public to any other website, or causing the trade name to be posted to any third party website without express written consent is strictly prohibited.

Users shall be solely responsible and liable for any and all damages resulting from any action that causes infringement of copyrights, use of copyrighted material, trademarks, top-level domain names, proprietary rights, or any other harm to RusticBarnHardware.com and its sites resulting from their actions.

Defamatory Limitations

The user agrees, prior to posting any feedback that might be construed as negative or defamatory to contact RusticBarnHardware.com to allow them to make a good faith effort to remedy the subject matter of those comments. You agree that RusticBarnHardware.com will have the right to recover damages that they have sustained from comments posted without an opportunity to remedy, any statement of fact that cannot be substantiated by the user, or an opinion that is not expressly portrayed as an opinion. RusticBarnHardware.com reserves the right, but is not obligated, to monitor and edit or remove any content and accepts no liability for any comments posted by you or any third party.

+more info

RusticBarnHardware.com, guarantees satisfaction. We will refund the purchase price of any in-stock item with which the buyer is not satisfied. Returns are accepted within 30 days from the date of purchase. Please note returned items are subject to a 15% restocking fee and original shipping charges deducted (an adjustment for actual shipping charges from a promotional, discounted, or free shipping offer will be applied to the original purchase). We must receive the item in the same condition in which it was originally shipped by Web Direct Brands or its suppliers, with return shipping pre-paid. Items not received in the same condition will have additional restock fees deducted to recover the cost of returning the item to resellable condition or discounted sale. Custom made items, special ordered items, food service items that have been used, or electrical parts may not be returned.

In order to return any item, please fill out the form at http://www.RusticBarnHardware.com/Return_Policy.aspx or call us. You will receive a return authorization (RA) number and instructions. Failure to follow the return instructions will result in additional re-stocking fees.

Warranty Returns Policy

Products manufactured by RusticBarnHardware.com are warranted through us. Items that are warranted through by Sequoia Brands Inc, after receiving a return authorization number, are subject to the following return shipping options.

a. Return the defective part via either insured regular US mail, or insured UPS/Fed Ex ground and we will reimburse your full shipping cost (continental US) when the repaired part is returned to you. If it is found to not be covered by a warranty, a refund will not be issued.

b. Return the defective part via any insured priority, 1, 2, or 3 day service the buyer chooses and we will expedite the repair/replacement and return the part via the same shipper using the same account that the warranted part was shipped to us with. Shipping cost will not be reimbursed under this option.

Our office must receive all items before replacement parts can be shipped. If the customer would like a replacement part shipped prior to us receiving the defective part, the customer must pay full price plus shipping for the replacement part and receive a refund only if the part is found to be defective (see Advanced Replacement Returns Credit Policy for more information). Otherwise the part will be shipped back to the customer as a spare.

There will be a charge for returning parts that are shipped to us without a return authorization number or additional parts that are shipped with parts that have been authorized for return.

Advanced Replacement Warranted Goods Return Policy

Items returned for credit when an advanced replacement has been sent, will be inspected for warrantee authorization. Defective items will be credited back to the customer upon approval. All goods that have been found to not be defective will be returned to the customer at their expense.

+more info

Cooperation with Law Enforcement

If we become aware of, through a complaint or otherwise of a violation of the Terms of Use, we may, but are not obligated to, conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action. You agree to cooperate fully with any such investigation.

Applicable Law

The Terms of Use, Privacy Policy, Shipping Policy and Returns Policy, and the relationship between you and RusticBarnHardware.com shall be governed by the laws of the State of Florida without regard to its conflict of laws provision.

Any dispute or claim in law or equity arising out of this agreement or any resulting transaction, including disputes or claims involving the parties to this agreement, their officers, agents, or employees, shall be submitted to neutral, non-binding non-appearance-based mediation prior to the commencement of litigation, arbitration, or any other proceeding before a trier of fact. The parties to the dispute or claim agree to act in good faith to participate in mediation, and to identify a mutually acceptable mediator. If a mediator cannot be agreed upon by the parties, each party shall designate a mediator and those mediators shall select a third mediator who shall act as the neutral mediator, assisting the parties in attempting to reach a resolution. All parties to the mediation shall share equally in its cost. The mediation should comply with the following rule: the mediation shall be conducted by telephone, online and/or solely be based on written submissions, the specific manner shall be chosen by the party initiating the mediation, unless personal appearances have been mutually agreed upon prior to the commencement of mediation.

If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the parties reflecting the same, and the parties may then proceed to seek an alternative form of resolution of the dispute or claim, in accordance with the remaining terms of this agreement. If mediation does not successfully resolve the dispute, you agree that any claim or dispute you may have against RusticBarnHardware.com or its sites must be resolved exclusively by a state located in or federal court corresponding to Hillsborough County, Florida except as otherwise agreed by the parties or as described in the Alternative Dispute Resolution Option section below. You agree to submit to the personal jurisdiction of the courts located in or corresponding to Hillsborough County, Florida for the purpose of litigating all such claims or disputes.

Alternative Dispute Resolution Option

For any claim, excluding claims for injunctive or equitable relief, where the total amount of the award sought is less than $5,000 the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. If a party should choose arbitration, they shall initiate the arbitral process through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider must comply with the following rules:

1. The arbitration shall be conducted online and/or be based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
2. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
3. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Filing Claims

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of RusticBarnHardware.com sites or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

Severability

If any conditions or terms are deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

RusticBarnHardware.com reserves the right to make changes to our sites, policies and terms of use at any time. If RusticBarnHardware.com fails to exercise or enforce any right or provision contained in the terms of use, it shall not constitute a waiver of said right or provision.

+more info