By purchasing home bar furniture
products from Barina Craft, LLC. ("Barina Craft" or "Seller" or "we" or "us" or "our" or other similar pronouns) by phone, electronic, verbal, written or other form of order confirmation, you the customer ("Customer" or "Buyer" or "you" or "your" or other similar pronouns) agrees to become bound by the terms and conditions of this agreement ("Agreement"), and this Agreement shall govern and control all orders and/or purchases ("Order") you may make with Barina Craft directly and/or through or because of the BarinaCraft.com website. If these terms and conditions are considered an offer by Barina Craft, acceptance is expressly conditioned upon your assent to all of the terms and conditions of this Agreement without modification, to the exclusion of all other terms. The Customer hereby accepts and agrees to be bound by the following terms, which are expressly incorporated herein. These conditions do not affect your statutory rights as a consumer.
The home bar furniture products shown in our literature are, and remain, Barina Craft's property. We reserve the exclusive right to manufacture the models shown and to make changes in price, availability, dimensions, design and/or construction without prior notice. All dimensions and weights shown are to be considered approximate. All prices are in U.S. Dollars and all products come with a one (1) year limited warranty
against manufacturers defect.
While Seller uses reasonable efforts to include accurate and up-to-date information in its Web site, Seller makes no warranties or representations as to the accuracy of the information. The BarinaCraft.com Web site's use and access to are governed by the terms and conditions of use
and Seller assumes no liability or responsibility for any errors or omissions in the content of the Web site.
Upon your authorization for us to process your down payment, this constitutes the immediate acceptance of this Order by the Customer, and Customer hereinafter agrees to be bound by all terms and conditions of this Agreement, and the Order cannot be canceled by the Customer, except as noted herein. Seller will email you a copy of your Order receipt within one business day of receiving your purchase deposit. Please check your order carefully. If we do not hear from you within one business day of Order receipt, your Order will be deemed correct and will be ordered as written. Seller reserves the right to verify any information you provide prior to accepting an Order. Payment for the Customer's deposit and subsequent payment in full for their Order, cannot be stopped or credited back to the Customer without the express written consent of Seller. Any typing/clerical or other error or omission in any literature, quotations, price list, invoice or other document or information issued by the Seller shall be subject to correction if required, without any liability on the part of the Seller. Seller maintains the exclusive right to cancel or refuse any order, including without limitation, price omission, incorrect price, typographical errors, suspicion of fraud, delivery area restrictions or for any other reason. Seller shall have the right to refuse or cancel any Order by the Customer whether or not the Order has been confirmed. If Customer has already been charged for the purchase and the Order is subsequently canceled by Seller, Seller shall refund the full amount of your deposit.
A non refundable, except as noted under cancellations & return policy, 50% deposit of the total price is required at the time of purchase. Your Order will not be processed until we receive your deposit. Fabrication and estimated completion schedule will not begin until your funds have cleared. The remaining balance including all applicable taxes and shipping charges are due with funds cleared at the time your furniture is completed at the factory. Your invoice will reflect a payment Due Date twenty (20) days prior to the estimated completion date to allow for funds to clear. Your Order will not be released for delivery until your Order is paid in full and funds have cleared.
Interest at 18% per annum or the highest rate allowed by the State of Ohio, if less, will be charged on all monies outstanding after fabrication is complete and the Customer will be responsible for all of Barina Craft's costs, fees and expenses in connection with the collection of any monies outstanding. The Customer agrees to pay for any loss or extra cost incurred by the Seller through the Customer's instructions or lack of instructions or through failure or delay in taking delivery or through any acts or default on the part of the Customer. We may record any failure by you to comply with these terms and may make such information available to other organizations to enable them to assess any application for credit. Note: if you have requested an extended completion date at the time the order was placed, interest charges will not be made until after that date.
Ohio sales tax will be added to all items delivered to addresses in the state of Ohio. Sales tax will not be collected for Orders delivered to other states. Customers must take responsibility for complying with the applicable state and local laws in the state they live in regarding the payment of any sales and/or use tax on goods ordered for delivery to any state other than Ohio. Customer is responsible for, and will indemnify and hold Barina Craft harmless from, any applicable sales, use or other taxes associated with the order. Customer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation.
Shipping, Handling, and Delivery for Continental USA
Barina Craft has the option to ship by what is in Barina Craft's opinion, the best way. Insurance is included in all shipping. We ship to the 48 contiguous states in the USA only, known as the Continental USA. Merchandise may be delivered at one time or in partial shipment, if necessary. Customer bears risk of loss or damage during shipment. All items are shipped strictly according to freight regulations. Any promises made about delivery time are an estimate, not guaranteed. Seller cannot be held responsible for any delays in delivery of your furniture for any reason. If you require additional handling, (inside delivery, for example) this is not included in the shipping price. You will have to request the additional handling directly with the freight company and pay the additional charge directly to them.
The utmost care is used in packing and shipping. Our liability ends when the carrier issues a clear receipt to Barina Craft, which is an acknowledgement by the transportation company that the shipment has been received by them in good condition. Once your order has shipped, it is considered your property. Examine merchandise carefully before giving the transportation company a clear receipt. If the shipment is not delivered in good condition and in accordance with quantity called for by the bill of lading, insist on the carrier making notations on the delivery receipt and the original freight bill as to damage or shortage before accepting shipment. Do not give the carrier a clear receipt for crates, cartons, etc. appearing to be damaged. A "Tip n Tell" style indicator will be attached to the outside and must be checked to see if the crate has been tipped over during transportation. It is our recommendation that you sign all bills of lading "Subject to Inspection" to help preserve your freight claim rights. If the shipment is in apparent good condition, but upon opening contents are found damaged, unpacking should be stopped, save all original packaging and an inspector of the transportation company should be called to examine the shipment and indicate on the delivery receipt the exact condition of the contents. Failure to make any claim against Barina Craft within 5 days from receipt of furniture shall constitute full acceptance of the merchandise and a waiver of any defects, errors, or shortages ascertained upon inspection. Detailed descriptions and photographs clearly showing the nature of the claimed defect are required.
Do not refuse merchandise damaged in transit. Keep product in original shipping box or container for inspection by carrier. All shipments are delivered to the transportation company in good condition. Our liability ceases at that time. If shipment arrives damaged or short, you should immediately file a claim with the delivery carrier. We suggest for your protection that all shipments be unpacked and inspected upon arrival at destination.
Do not return any merchandise without prior written permission from Barina Craft. Only warranty merchandise will be considered and requires a return authorization number. Items that have minor nicks and surface scratches cannot be returned because they can usually be touched up in the Customer's home. The Customer may not refuse or return any products due to variation in grain, texture or color. Seller does not guarantee that the grain, texture and/or coloring will be consistent on any item or group of items. Seller reserves the right to delay delivery of damaged or defective merchandise. In the unusual cases where something is returned, it will be either repaired or replaced at the sole discretion of Seller. Seller is not responsible for delays in replacement or service parts.
Cancellations & Return Policy
All products are special orders and can only be canceled within seventy two (72) hours of Seller receiving the purchase deposit and are otherwise non-refundable. After this initial seventy two (72) hour period, this Agreement between you and Seller concerning the purchased products may not be revoked or canceled by you. All sales are final. We will exert every effort to meet our estimated completion dates but failure to do so does not justify their cancellations and Seller is not liable for any delays.
Seller is not responsible for any inaccurate items or models ordered by the Customer. It is the Customer's responsibility to level all products from their Order once they receive them. Improper leveling may create uneven doors or other items that may be out of alignment. It is the Customer's responsibility to make sure items will fit in their home at time of purchase. The Customer is responsible to note the size and dimensions of the furniture to insure that it will fit, not only in the designated room, but also will go through hallways, elevators, doorways, stairwells, etc. Because dimensions are approximate, Customer must include several inches of clearance to listed dimensions to account for variations, moving pad thicknesses, etc. The Customer is responsible for any crates, cartons or packaging left at their home.
No statement, description, warranty condition or recommendation contained in any catalog, price list, advertisement, communication or made verbally by any of the agents or employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions. The headings of the clauses in these conditions are intended for reference only and will not affect the construction of these conditions. No other terms or conditions are accepted unless expressly approved by the Seller in writing.
Third Party Services
Customer acknowledges and agrees that, in some instances, Barina Craft, and their affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases Barina Craft and their affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax.
Arbitration of Disputes
Any claim, dispute, or controversy between the Customer and Barina Craft (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, or Barina Craft's advertising and marketing (collectively, a "Claim") WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION in accordance with the Rules of the American Arbitration Association, and shall be the substantive law of the State of Ohio, USA. All Claims must be initiated within a period beginning with Order acceptance and ending one (1) year from the time you receive the product in your home. Neither Barina Craft nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in Franklin County, Ohio . Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). The costs and expenses payable to the American Arbitration Association for such arbitration shall be paid by the losing party as determined by the arbitrator. The existence or results of any arbitration will be treated as confidential. The Customer will not be entitled to withhold payment of any monies correctly invoiced by and due to the Seller because of any disputed claim against the Seller.
LIMITATION OF LIABILITIES
IN NO EVENT, WHETHER BASED IN CONTRACT OR TORT OR OTHER LEGAL THEORY, SHALL BARINA CRAFT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OR DAMAGES TO OTHER PROPERTY, WHETHER DIRECT OR INDIRECT, INCONVENIENCE, FINANCIAL LOSS, LOSS OF USE OF THE PRODUCT, PERSONAL INJURY DAMAGES, CLAIMS FOR DAMAGES RESULTING FROM THE USE OF THE PRODUCT OR THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES. INSOFAR AS IS PERMITTED BY LAW, OUR ONLY LIABILITY TO YOU UNDER THESE TERMS AND CONDITIONS WILL BE, AT OUR SOLE DISCRETION, TO MAKE GOOD ANY SHORTAGE OR TO REPLACE OR REPAIR ANY GOODS WHICH ARE RECEIVED BY YOU IN A DAMAGED OR DEFECTIVE STATE DUE TO MANUFACTURER'S DEFECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL BARINA CRAFT'S TOTAL AGGREGATE RESPONSIBILITY EXCEED THE PURCHASE PRICE PAID, IF ANY, FOR THE PRODUCT OR ITS REPLACEMENT. IF ANY PROVISION CONTAINED HEREIN IS FOUND TO BE CONTRARY TO LAW, THEN SUCH PROVISION(S) SHALL BE CONSTRUCTED IN A MANNER TO CLOSELY REFLECT, AS MUCH AS POSSIBLE, THE INTENTIONS OF THE PARTIES, WITH THE OTHER PROVISIONS REMAINING IN FULL FORCE AND EFFECT.
You may direct questions about these Terms and Conditions of Sale, or other issues, to:
Barina Craft, LLC
7652 Sawmill Road #109
Dublin, OH 43016
Attn: Customer Service