
These terms and conditions apply to and govern your use of this web site (the "Site") of The Country Squire, Inc., a Massachusetts USA corporation ("THE COUNTRY SQUIRE"), and any purchase of goods that you make from the Site. Your use of the Site signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not access, purchase goods offered for sale on the Site or otherwise use the Site. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses, worms, or otherwise.
SALES OF MERCHANDISE. Sales of merchandise by THE COUNTRY SQUIRE are made on an "as is" and "as available" basis. If you have a question about an item you should email THE COUNTRY SQUIRE at info@TheCountrySquireInc.com, call us at 617-361-8989 or write to us at THE COUNTRY SQUIRE, 259 Robbins Street, Milton, MA 02186. We will try to assist Internet customers in making a determination as to whether an item offered for sale on the Site that you are interested in purchasing meets your expectations. "As is" means that the merchandise you purchase may have some scratches, nicks, defects or repairs as are commonly found in antiques. Some refinishing, repairs, rewiring or refurbishing, which could include new materials, may have been done. "As available" means that any attempted purchase by you is subject to a prior sale.
PRICING, PAYMENT AND SALES TAXES. All prices are in US dollars. Payment may be made only by (1) personal check, (2) debit or credit card, (3) bank or certified check or (4) bank wire transfer payable to THE COUNTRY SQUIRE. All purchases are subject to Massachusetts Sales Tax if delivered in Massachusetts, regardless of the state or country in which the purchaser resides or does business. A purchaser taking delivery in Massachusetts may be exempt from paying such tax only upon advance presentation of a valid Massachusetts Resale Certificate or an Interstate Commerce Commission Bill of Lading stating ultimate shipment to a location outside of Massachusetts. It is your sole responsibility to comply with any applicable foreign laws and any export or import licenses.
PURCHASING, PACKAGING AND SHIPPING. A purchase agreement is made via e-mail for Internet orders. When THE COUNTRY SQUIRE receives an offer from you to purchase an item offered for sale on the Site, we will respond to you with e-mail quoting the price, tax (where applicable) and estimated packaging, shipping and insurance costs. You are solely responsible for the payment of the price quoted, any taxes relating thereto and all packaging and actual shipping and insurance costs. Prices and the additional charges for packaging, shipping and insurance are only for shipments within the Continental United States. Whether shipping can be arranged outside the Continental United States depends upon the particular circumstances, and you must call us to discuss whether such arrangements can be made before you and THE COUNTRY SQUIRE can make a purchase agreement. If you respond with e-mail affirming a decision to accept the quote, a purchase agreement is made between you and us. Unless we are in receipt of funds that have cleared your account ("cleared funds") within seven (7) days of our making a purchase agreement, we may sell the items you have expressed an interest in via our e-mail communications to another party without further obligation to you except to return any funds received after the seven (7) day period.
We will normally ship the next business day after our receipt of cleared funds or you can arrange to pick up the merchandise yourself at our business. Most shipping is by United Parcel Service (UPS), Federal Express (FedEx) or United States Postal Service (USPS) Priority Mail. Shipping of larger items is by the freight carrier of purchaser's choice or, if requested, we will attempt to obtain a carrier and a quote for you. Shipping of large furniture items may take several days or more to arrange. Payment for items shipped by carrier other than UPS, FedEx or USPS is made directly to the carrier and in the event that a carrier other than UPS, FedEx or USPS is engaged, you must make final arrangements, including payment and delivery, directly with the carrier. Title to the merchandise shall pass to you, regardless of your residence, upon delivery of the merchandise by THE COUNTRY SQUIRE to the carrier. Accordingly, THE COUNTRY SQUIRE shall not be responsible for any delays, losses, damages or other problems relating to the merchandize after it has been delivered to the carrier and title has passed to you. Without limiting the generality of the foregoing, THE COUNTRY SQUIRE shall not be liable for delivery delays including, without limitation, delays for which the carrier is responsible or delays due to force majeure, i.e., weather, strikes, war, or other actions beyond the control of us or the carrier. THE COUNTRY SQUIRE is not liable for any claims due to breakage during shipping. If a package is damaged, report it immediately to the carrier by filing a damage report using the carrier's standard damage reporting process. We recommend that all packages be inspected as soon as possible and any damage reported to the carrier immediately to allow for the carrier's processing of insurance claims.
MERCHANDISE RETURNS. Advanced written authorization is required before any purchase can be returned. Merchandise may be returned for store credit only and must be shipped by you prepaid, insured, and in the same condition as when originally sent. We must receive the returns within ten (10) days of the original ship date.
DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY. THE GOODS OFFERED FOR SALE ON THE SITE ARE OFFERED "AS IS". ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES WITH RESPECT TO THE CONDITION, QUALITY, DESCRIPTION, AGE, ORIGIN, AUTHENTICITY, MERCHANTA= BILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DIS- CLAIMED. ALL STATEMENTS MADE BY THE COUNTRY SQUIRE, ITS AGENTS AND EMPLOYEES, WHETHER ORAL OR WRITTEN, WHETHER ON THE SITE OR OTHERWISE, ARE STATEMENTS OF OPINION ONLY AND NOT WARRANTIES OR REPRESENTATIONS OF FACT REGARDING ACTUAL AGE, REPAIR HISTORY OR ANY OTHER FACT RELATING TO ANY ITEM OFFERED FOR SALE ON THE SITE. THE COUNTRY SQUIRE MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY MERCHANDISE SOLD THROUGH THIS WEB SITE ARE IN WORKING ORDER OR REPAIRABLE. THE ABSENCE OF A REFERENCE TO THE CONDITION OF AN ITEM DOES NOT IMPLY THAT THE ITEM IS IN GOOD CONDITION, OR IS ORIGINAL OR WITHOUT DEFECTS, REPAIRS OR RESTORATIONS.
THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COUNTRY SQUIRE, FOR ANY REASON, AND PURCHASER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE PURCHASER FOR THE PARTICULAR MERCHANDISE PURCHASED. THE COUNTRY SQUIRE AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, INCONVENIENCE OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF DAMAGES IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE COUNTRY SQUIRE AND PURCHASER AND THE MERCHANDISE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.
THE COUNTRY SQUIRE'S RIGHTS TO MATERIALS PROVIDED BY USERS. THE COUNTRY SQUIRE welcomes your comments regarding our goods and services, including the Site. Any and all material and information provided by you to the Site may be included in a database owned by THE COUNTRY SQUIRE in which we have rights and interest, included but not limited to the copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.
INDEMNIFICATION. You shall indemnify and defend THE COUNTRY SQUIRE and its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") against, and hold the Indemnified Parties harmless from, any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site or purchase of any merchandise offered on the Site. THE COUNTRY SQUIRE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of THE COUNTRY SQUIRE.
OWNERSHIP OF THE SITE AND CONTENT; RESTRICTIONS ON USE. THE COUNTRY SQUIRE owns, controls, licenses or has the right to use, and make available to you, the Site and all material on the Site, including without limitation text, images, articles, photographs and illustrations (collectively, the "Content"). THE COUNTRY SQUIRE is the owner of the copyright with respect to the entire Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site. THE COUNTRY SQUIRE has a long standing tradition of making its pictures and expertise available to authors and publishers on their reasonable request. You may not modify, create derivation works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of THE COUNTRY SQUIRE.
NON-UNITED STATES RESIDENTS. THE COUNTRY SQUIRE makes no representation that materials in the Site, including merchandise offered for sale on the Site and its copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws.
GENERAL PROVISIONS. These terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions shall be an appropriate State or Federal court located in Norfolk County in the Commonwealth of Massachusetts. You hereby irrevocably consent to the jurisdiction of such courts. If a court having jurisdiction finds any provision of these terms and conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to reflect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue unaffected. These terms and conditions constitute the entire agreement between you and THE COUNTRY SQUIRE with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or THE COUNTRY SQUIRE of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
CHANGES TO TERMS AND CONDITIONS. THE COUNTRY SQUIRE has the right for any reason, in its sole discretion, to: (a) terminate, change, suspend or discontinue any aspect of the Site, including but not limited to the Content, features, or hours of availability; (b) restrict your access to all or any part of the Site without notice or liability; and (c) change, modify, add or remove any portion of these terms and conditions, in whole or in part, at any time. Changes in these terms and conditions will be effective when posted. You agree to periodically review these terms and conditions to be aware of any changes. Your continued use of the Site after any changes are posted will be considered acceptance of those changes.
TERMS OF USE © 2010 THE COUNTRY SQUIRE, Inc.
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