Hamilton's Woodcraft Terms and Conditions
HWDTOC-REV9-DATE-20240421-0650
Dates and responsibilities regarding these Terms and Conditions.
First effective on September 17, 2022 and onward.
Last revision was April 21, 2024. Document: HWDTOC-REV8-DATE-20230325-0604
Previous version was Document: HWDTOC-REV8-DATE-20230325-0604.
Scott Hamilton Is responsible for these Terms and Conditions who also owns and represents Hamilton's Woodcraft.
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Contact Information: Email: scott@hamiltonswoodcraft.com or hamiltonswoodcraft@gmail.com. Other ways to contact Scott Hamilton can be found at www.hamiltonswoodcraft.com.
Purpose
These Terms and Conditions serve as a legally binding contract between Hamilton's Woodcraft and its customers. Furthermore, terms are set and defined in detail to ensure rules outlined in this agreement provide clarity about what should happen in conceivable situations and are designed to protect the business while acting in good faith being fair to the customer without causing detrimental harm physically or financially to either party, for protections to the Customer and Hamilton’s Woodcraft. These terms and conditions are an agreement between the buyer (Customer) and the seller (Hamilton’s Woodcraft). Business interactions between any Customer or any other party representing any Customer and Hamilton’s Woodcraft or any Representative representing Hamilton's Woodcraft or the respective owner or any employee of Hamilton's Woodcraft.
Furthermore, these Terms and Conditions provide information with the purpose of guidance for the Customer, Hamilton’s Woodcraft and third parties that may become involved assisting in legal matters.
Statement
Scott Hamilton, author of these Terms and Conditions and owner of Hamilton’s Woodcraft want to thank you for choosing to review my business or to do business with me. I offer services such as custom furniture design and production, furniture repair, modifications, and even handy man services as well. To do business with me through the website “hamiltonswoodcraft.com” it is required of every Customer to read and understand Hamilton’s Woodcraft Terms and Conditions in its entirety. I have added the process for ordering custom furniture in detail in this document for clarity. It is my wish that these Terms and Conditions never need to be tested in a court of law and that all interactions with all Customers and my business act out smoothly and that all parties involved in doing business with me (Scott Hamilton) including myself are satisfied with all transactions.
Definitions
Words, terms, and phrases in this document are to be understood as such herein.
· “Hamilton’s Woodcraft” will also be known as "HW", “I”, “Scott”, “Scott Hamilton”, "Mr. Hamilton", “me”, or “the seller".
· “Customer" will also be known as “You”, “You’re” (as belonging to the customer),”Your” or “the buyer”.
· “Produced” will also be known as "Completed", "Completion", “made”, "done", Finished", or "built".
· “Order” will also be known as “request” Also may mean the process of ordering.
· “Product” will also be known as “piece”, “item” or “furniture”.
OVERVIEW
This website is operated by Hamilton's Woodcraft. Throughout the site, the terms “we”, “us” and “our” refer to Hamilton's Woodcraft. Hamilton's Woodcraft offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WIX. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please visit our RETURN POLICY.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms and Conditions.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see PRIVACY POLICY.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Hamilton's Woodcraft, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Hamilton's Woodcraft and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at hamiltonswoodcraft@gmail.com.
Our contact information is posted below:
Hamilton’s Woodcraft
438 N. Detroit St.
Kenton, Ohio 43326
(937) 441-1109
BUSINESS REGISTRATION NUMBER (State of Ohio, USA): 202235700786
VAT NUMBER: (NOT YET AVAILABLE OR NOT APPLICABLE)
SECTION 21 – AMMENDMENTS TO THESE TERMS AND CONDITIONS AND GUIDLINES FOR DOING BUSINESS WITH HAMILTON'S WOODCRAFT
Privacy
Your use of “hamitlonswoodraft.com” along with any other Information exchanged either digitally or in tangible form is subject to HW Privacy Policy. Please review our Privacy Policy , which governs our site as well as all data collection practices. Our Privacy Policy Is found in "Policies" on our Policies page on our website, just follow the links.
Hamilton's Woodcraft and electronic presence / Links to Third Party Sites/Third Party Services
The HW website Is comprised of various webpages operated by HW but has associations with WIX. HW can take payments through technology owned and operated by WIX. Any third party such as these mentioned that makes it possible to conduct money transfers through their technology are the properties of such third parties and not HW. Thus, HW cannot be solely responsible for transactions from start to finish. As the technology used to make money transfers happen are owned by a third party. You agree that if it is found that any disagreement rising from any money transfer that may include your personal information is beyond my control that you will resolve these types of issues with that third party. This also includes transmitting your information through the internet by any third party and its subsidiaries through “Hamiltonswoodcraft.com”. For more information about WIX, read the information they provide at the following addresses:
https://www.wix.com/manage/privacy-security-hub
Also "hamiltonswoodcraft.com" is offered to you conditioned on your acceptance without modifications of the terms and conditions, and any notices contained herein ("Terms"). Your use of “hamitlonswoodcraft.com” constitutes your agreement to all Terms.
Furthermore, “hamiltonswoodcraft.com" Is an E-Commerce site.
Here I showcase my work for you to observe the quality of my craftsmanship so that you may come to a decision to have me build the custom furniture of your dreams or any other wood crafted piece. all pieces or designs displayed on this website are my work. All customers that make orders with us agree that we may display their piece/s designs on this website or any other place digital or tangible in any other form anywhere federal, state, and local laws permit Images to be displayed. Unless agreed otherwise, such as Exclusive designs.
Hamilton' Woodcraft may sell products directly from their website and in person or at HW’s address.
As of November 15, 2022, Hamilton’s Woodcraft can sell products online through their website “hamiltonswoodcraft.com”.
"hamiltonswoodcraft.com" may contain links to other websites ("Links"). HW does not control linked sites. HW Is not responsible for the contents of any Linked Site, including without limitation any link contained in Links, or any changes to updates to Links. Although HW is responsible for creating the link. HW at its sole discretion provides links to third party sites after careful consideration. Although HW is not responsible for the content to the linked site. As third-party websites may change their content at any time without notice. While HW give great effort in providing safe links, it is also possible that may change at any given time. If you find a broken link or a link to something considered to be unsafe, please contact me with this information and I will remove that link.
HW does provide some Links to you only as a convenience, and the inclusion of any link does not imply endorsement by HW of the site or any association with Its operations or operators, although I may be endorsing it, as the link is created.
Certain services made available via “hamitlonswoodcraft.com” are delivered by third party sites and organizations. By using any product service or functionality origination from the “hamitlnswoodcraft.com” domain, you hereby acknowledge and consent that HW may share such information and data with any third party with whom HW has contractual relationship to provide the requested product, service, or functionality on behalf of “hamitlonswoodcraft.com” users and customers. Any Information gathered and communicated from the HW site if governed by owners of hosting services are also not under HW control and you agree to hold HW harmless of any damages resulting from Information being extracted and moved by third parties from HW site.
No Unlawful or Prohibited Use/Intellectual Property
You grant a non-exclusive, non-transferable, permission to access and use “hamitlonswoodcraft.com” strictly in accordance with these terms of use. As a condition of your use of the Stie, you warrant to HW that you will not use the Site for any purpose that Is unlawful or prohibited by these Terms. You may not use the Site In any manner which could damage, disable, overburden, or Impair the Site or Interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or Information through any means not Intentionally made available or provided for through the Stie.
All the content Included with this service, such as graphics, text, fonts, logos, Images and or the compilation of these are property of HW or suppliers or third parties HW may be in a binding agreement with and subject to copyright and other laws that protect Intellectual property and proprietary rights. You agree to observe and abide by all copyright and proprietary laws, legends, notices, and restrictions in any content and will not take and make changes to and transmit these as your own, use them or sell them. Failure to conduct yourself with these agreed terms with this site by agreeing with these Terms may certainly result in legal actions, either my HW or any other third party involved, including but not limited to its subsidiaries.
International access
This site is serviced and controlled in the USA. Any access from locations outside of the USA are bound by the laws of the access point and those that access this site from outside of the USA are subject to responsibilities and compliance with all local laws of the access point outside of the USA.
Electronic Communications
Visiting “hamitonswoodcraft.com” or sending emails to HW as well as submitting any other information to HW from their site constitutes electronic communications. Furthermore, HW sending text messages, emails, or any form of communication electronically to its customers constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the site, to satisfy any legal requirement that such communications might also be in writing or consented to HW by use of its site. HW requires all customers to be of the age of 18 years or older. You may also request to have communications stop and HW will comply within its abilities, as not all communications may be controlled by HW and may be controlled by third parties if such agreements are in place between HW and any third parties or the customer and any third parties.
Children under the age of Eighteen years
If you are under 18, you may use “hamiltonswoodcraft.com” only with permission of a parent or guardian. No persons under the age of 18 years of age may enter into an agreement with HW.
Ordering non-Customized products from Hamilton’s Woodcraft
Boxes, jewelry boxes, picture frames, door stops, key chain holders, coat racks, serving trays, cutting boards, coasters, shelves etc. May be ordered online at their site “Hamiltonswoodcraft.com”. If you would like to customize any of the items found in the site you may contact me with the name of the product and a description of the customization you want. Many times, an item listed on “hamiltonswoodcrat.com” will have options available for customizations and if this is so, just choosing the option that best suits you. If a customization option or variation is not available on the HW website, you’re more than welcome to request to customize them.
Ordering Customized Items from Hamilton’s Woodcraft
Applicable to customized items only. May be ordered online. A customization fee will be applied at, 25% of the total price before tax.
Ordering Customized Items from Hamilton’s Woodcraft (Quick Summary)
Steps
1. Consultation
2. Design
3. Agreement
4. Produce
5. Fulfilment
Ordering Customized products from Hamilton’s Woodcraft (Not So Quick Summary)
Ordering Custom Products
Step 1
Consultation
The is achieved by booking an appointment with HW (Scott Hamilton). Also you may text me, call me, email me and even send me a letter. The discussion that takes place about what you want is the consultation. Get a hold of me and ask me if I can make you something. We will not only discuss what you want, but also when it may get built, how fulfillment will take place. Will it be picked up from the shop, will I deliver it personally or will it get shipped.
Step 2
Design
I hit the drawing board.
Step 3
Agreement
Once we get on the same page and I have a good idea what you want from the consultation. I will commit to working on a design. I will present the design to you when either the design is complete or I have reached a critical point where I may need to further consult with you about the design. When I present the completed design to you, you may like it or you may not like it. If you like the design then we will commit to it and paper work will get signed and a deposit of 50% of the agreed upon price takes place. Then I will commit to building the designed product at the agreed on time as there may be other orders ahead of yours (These details will get discussed usually in the initial consultation, I will generally give you an idea of when I may get started on the order). However if you do not like the design that is presented to you, tell me what you would like to be different, then I will go back to the drawing board literally until I design something you like.
Step 4
Produce
After we have agreed on the details, I will commit the those details and build the product we designed.
Step 5
Fulfillment
After your product is finished, I will contact you and let you know. At this point you need to inspect the product since it is a fresh, brand new product and you are the first buyer. You may waive your right to inspect the product, although we encourage you to inspect the product. Once you accept the product for purchase you have agreed it passes your inspection or that you have waived your right to inspection. You then pay the remaining balance due for purchase of the total we agreed on. Then either you pick up your brand new product at the shop or I deliver it to you personally. Also products may be shipped from my shop to you. Fulfillment methods are usually agreed on during step 3, but I'm flexible on Fulfilment methods if something has changed.
So, if your satisfied and full payment has been made, YAE! it's a good day. This is where the product is Delivered to the customer and out of my possession and into your possession.
Delivery means either Pick Up or Delivery to your requested location of delivery. You must be present for either Pick Up or Delivery. If you're not present, I will return the product back to Hamilton's Woodcraft and the product will be considered as "Not delivered to the customer." Delivery will happen when both you and I agree on a time and place for delivery. Delivery details are worked out in Assessment, but both you and I understand that plans might have changed from the time of Assessment to the time of Delivery.
Inspection and final payment
Failure to inspect a customized item, forfeits your rights to inspect the product. You will be offered a time and place to conduct this inspection but may waive your right to inspect the product. If so, you must indicate that you waived your right to inspect the product. Following through with a purchase without inspecting a brand new product waives your right to inspection if no inspection has taken place. it is your choice to inspect the product you are purchasing.
Failure to commit to a final payment (payment for the product in full according to the agreed-on price) for the product after it has been completed, with this product being inspected or not inspected after 90 days after completion will be considered an “Order Not Claimed”. Attempts to contact the customer regarding the completion of the order will be logged for HW’s records. If an order falls into “Order Not Claimed” status then HW reserves the right to inspect the product, then claim the product as property of HW and sell that product to any other customer as a built item ready to sell through any medium.
Pricing
Prices for orders with HW are created with a simple process as follows. Time spent (If applicable) + Material (If applicable) + Design fee (If applicable) + Customization fee (If applicable) + Item Listed Price (If applicable) + Tax.
Time Spent
For me to work on any project, I charge $35 an hour. This is low in the custom furniture market, so due to my experience level this is what I consider to be fair market value of my time. This figure may be applicable to all products produced my HW, already designed, designed and/or customized items.
Material
Material is marked up by 50% from what I've paid for it. I get my wood from various places. Mostly Amish mills and from trees recently fallen or already cut down by someone else, and from retail stores. This figure is applicable to all products produced my HW, already designed, designed and/or customized items.
Design Fee
Applicable to customized items only. A design fee Is 25% of the total price before tax. So, for example if I were to get an order for a custom bed. The total price for that bed will be time spent plus material plus design fee plus tax. Let’s say the time spent was 32 hours (probably an exaggeration, but just for this example’s sake) and the material cost me $600. We would figure that I worked 32 hours at a rate of $35 an hour which comes to $1,120. Plus, the material and the mark up of that material at a rate of 50% on top of what I paid for it. So, $1,120 plus $900 which comes to $2020. Plus, the design fee, that comes to $2,525. Now I must charge sales tax, which in my area is 7%. So, that comes to $2,701.75. Now keep in mind that you will have paid that price for exactly what you wanted to the detail at very high quality with attention to every detail. Also keep in mind that if you just want any bed, you can go anywhere and find one. However, it won't be a Hamilton's Woodcraft. Another thing to keep in mind is the time spent fluctuates depending on the complexity of the project. There are policies and terms that you should read and understand if you would like to do business with Hamilton's Woodcraft. What your price may be for your order gets discussed during part of the Assessment part of the process to be specific. On this page I've given you an idea of what you may expect related to price. During the Assessment step I give my final price for an order. The price I give at that step is final unless there is a modification to the order. HW may decide to wave the Design Fee if HW deems that the design is not too involved. Although if HW deems the design is involved. Meaning that a considerable amount of time was needed and HW has considered the design to be involved. Then HW will charge the Design Fee.
Customization Fee
Applicable to customized items only. A customization Fee is the same as a Design Fee, 25% of the total price before tax. Although a Customization Fee sounds like a Design Fee they are different in that a Customization Fee is applied to an existing product or design. A Design Fee applies only to new designs or custom pieces. So, you cannot be charged a design fee and a customization fee at the same time for one item. You would be charged either a design fee or a customization fee, for customized items, never both design fee and customization fee.
Payment. Applicable to customized items only. HW needs a deposit payment of 50% up front for all orders which Is nonrefundable. Then the remaining 50% when an order is complete and the customer is satisfied and accepts the product after Inspection, there taking the product into possession after payment has been made in full. The upfront payment takes place during step 3 of the ordering process for customized items. Refer to Assessment and Agreement. The final payment takes place during Completion.
Failure to Pay
Failure to pay HW during any step of the ordering process will result in the end of a transaction with no sale.
Policies
These Terms and Conditions extend to policies written elsewhere (found on "hamiltonswoodcrat.com" or in tangible form if provided by HW) by Scott Hamilton related to Hamilton's Woodcraft. Such as but not limited to "Other Policies".
Cancelation/Refund Policy
You may cancel an order at any time. Canceling an order does not grant you a full refund. If you cancel your order before you sign your invoice or Assessment and Agreement form, then you are entitled to a refund for your deposit. If you cancel your order after you have signed an invoice for it's specified amount you will not receive a refund. According to our policies you are required to pay an agreed amount on an invoice or Assessment and Agreement form. Once you have signed this form you then are then required to make a payment. So according to this method you can not receive a refund for deposits made for customized furniture.
If you purchase a product that is already built from our online store and change your mind, you may cancel your order. If the product has not shipped yet you may receive a full refund. However if the product you purchased has already shipped you will be subject to our Shipping Policy and Return Policy.
Unforeseen circumstances may arise and if HW is not able to fulfil an order for any reason, then you may be entitled to a full refund only in the amount of what you have paid to HW (which includes deposits) due to inability to complete an order on Hamilton’s Woodcraft behalf. This refund will only be given to a customer upon my own discretion based on my abilities and not the customers discretion of my abilities to fulfil any order.
Canceling an order
You may cancel your order under the condition that you understand and agree with our Return Policy and Refund Policy.
Indemnification and Liabilities
It is the customer’s obligation to Indemnify HW and hold HW harmless of liabilities, losses, claims and causes of action. HW customers are obligated to defend HW from financial damages related to the purchase of any product built and/or sold by HW, repaired by HW, modified by HW or any services rendered by HW.
All damages to properties or persons related to misconduct caused by a product built by HW for any customer or third party after the customer has taken possession of a product built and/or sold by HW are the responsibility of the customer. Once the customer has taken possession of any product built and/or sold by HW the customer has become responsible for all damages and the liabilities related to the product sold by HW to an HW customer.
HW is not responsible for Injuries or damages resulting from the use, handling, mishandling or any other activity that has caused an event that results in an Injury or damage to any customer, person, pet, plant, any living thing or any property or any combination of customer, persons, pets and or property. You agree to Indemnify Hamilton's Woodcraft of such responsibilities and accept the responsibilities of such nature as yours as well as all responsibility for your properties.
Damages and Injuries/Responsibilities and Liabilities
Any damage or Injury that takes place to any person place or thing or to the customer that Is related to the use of any product built by HW becomes the responsibility of the customer once the customer has taken possession of the product. Once the customer has taken possession of a product, that product then became the property of the customer that is claiming sole responsibility for the product and all Injuries or damages caused by that product. Therefore, the customer is solely responsible for all liabilities related to any product the customer possesses.
Arbitration
If either party or both parties are not able to resolve a dispute arising from these Terms and Conditions The dispute will be resolved only by a binding arbitration pursuant of the Federal Arbitration Act, by one arbitrator neutral. Both parties agree to arbitrate disputes and claims about these Terms and Conditions or a result of any other disputes that may arise due to these Terms and Conditions, either directly or indirectly, Including all other claims. The Arbitrator provision resulting in arbitration may survive the termination of these Terms and Conditions.
Waiver/ No Class Actions
No Class actions against either party as agreed per these Terms and Conditions. All disputes will be on an Individual basis. No class arbitrations shall be permitted and both parties agree that one party may bring claims against the other party only with an Individual representing an individual.
Warranties
HW does not warranty their products.
Guarantees
HW does not guarantee their products.
Inspection/Acceptance and Nonacceptance
Applicable to customized items only. Once an order has been completed. HW will inform the customer that the order has been completed. Then a date and time will get set up for the customer to inspect the product ordered. The customer must inspect the product that was ordered and must accept or not accept the product for any reason. The customer may waive his or her right to inspect the product. Although it is highly recommended that you utilize your right to inspect the item HW built before final payment is made. The customer has 90 days to Inspect the product ordered before taking possession of the product once the customer has been Informed. If the customer fails to Inspect the product 30 days after being Informed, then the order will be considered an “Order Not Claimed”. Read the section on completion for more information.
Acceptance
Applicable to customized items only. Upon Inspection of the product, you find that you are satisfied with the product and accept the product for purchase, then final payment will be required from you to pay HW any remaining payments required according to what has been agreed on. Only upon payment being made in full for your order may you take possession of the product that you ordered.
Nonacceptance
Applicable to customized items only. Upon Inspection of the product, you find that you are not satisfied and do not accept the product produced for purchase, HW will not seek further payments for the time that was spent producing the order. Also, you agree to hold harmless HW, it’s officers, directors, employees, agents and third parties for any losses, costs, liabilities, and expenses Including but not limited attorneys’ fees arising from unsatisfactory production of an order.
In Conclusion
Changes to these Terms and Condition also all other policies set forth by Hamilton's Woodcraft at any time HW may change, alter, or amend, also any other policies written by HW without notice. Any document signed that legally binds HW Customers will have a date. The date shown determines the version of the Terms and Conditions that the Customer has agreed on. These Terms and Conditions are update on the website and older versions of these Terms and Conditions are kept on file with Hamilton's Woodcraft for record keeping purposes but may also be deleted after a time that HW deems it necessary.
Signage
You the Customer upon signing an "Assessment and Agreement" form Irrevocably agree to the entirety of these Terms and Conditions. Furthermore, any additional agreements contained in the agreement (Assessment and Agreement form) you have signed.
Thank you
Thank you sincerely for reading these terms and conditions and I look forward to doing business with you.
Hamilton’s Woodcraft
438 N. Detroit St.
Kenton, Ohio 43326
(937) 441-1109