Terms of Service
Our Terms of Sale
By purchasing online, the customer agrees to be bound by this purchase agreement and accepts its terms and conditions. This Purchase Agreement is a legal contract between the Customer and lookintheattic & company, inc. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "lookintheattic.com" or "lookintheattic & company, inc." shall relate to lookintheattic & company, inc. dba lookintheattic.com.) The terms and conditions of this Purchase Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Purchase Agreement constitutes the entire agreement between the Customer and lookintheattic.com relating to the purchase or sale of goods or services on the Site or by lookintheattic & company, inc. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by an authorized agent of lookintheattic.com. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Purchase Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting lookintheattic.com at the address provided below. In the event of any conflict between the terms and conditions stated on your purchase order and this Purchase Agreement or any terms and conditions on our invoice, you agree that the provisions of this Purchase Agreement shall control. If any provision of these Terms and Conditions shall be held invalid, illegal, unenforceable or inoperative, the balance of Terms and Conditions shall remain in full force and affect as if such provisions had not been included. These Terms and Conditions with any amendments or modifications expressly made by the Seller (lookintheattic.com) constitute all the terms and conditions with respect to the sale of articles. There are no representations, warranties, terms, conditions, undertakings or collateral agreements except as herein provided.
Governing Law This agreement and any sales hereunder shall be governed by the laws of the state of Michigan, without regard to conflicts of laws rules. The customer consents to the jurisdiction of the federal or state courts located in Wayne County, Michigan for purposes of any suit, action or proceeding arising out of this Purchase Agreement.
Title Risk of Loss Title to goods herein being purchased is retained by the seller (lookintheattic.com) until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by lookintheattic.com is the responsibility of lookintheattic.com. Loss or damage that occurs during shipping by a carrier selected by the Customer is the responsibility of the Customer. All risk loss shall pass to Buyer at the time of payment. If the seller (lookintheattic.com) is unable to deliver an article sold to Buyer due to fire, theft, or any other reasons whatsoever, the seller (lookintheattic.com) shall reimburse Buyer for all monies paid to the seller (lookintheattic.com) in respect to the article and the seller (lookintheattic.com) shall have no further liability to the purchaser arising from or relating to such loss, including without limitation any damages for loss of profit
General Legal Disclaimer lookintheattic.com hereby expressly disclaims all warranties either expressed or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. This disclaimer by lookintheattic.com in no way affects the terms of the manufacturers warranty, if any.
Indemnification Buyer agrees to indemnify, defend and hold harmless the Seller (lookintheattic.com) and its agents and representatives, from any and all demands, claims, losses, damages and liabilities (including attorneys’ fees) asserted against, resulting to or imposed upon the Seller (lookintheattic.com) resulting from the negligence of Buyer or his/her employees, agents and representatives.
Credit Card Fraud Prevention In an attempt to deter fraud, lookintheattic.com reserves the right to follow credit card regulations and ship merchandise directly to the customer's confirmed billing address. This may occur if the online systems show irregularities in the ordering process - regardless whether a different shipping address was provided or desired. This allows lookintheattic.com to proactively protect both the consumer and our business.
Split Shipments Occasionally items may temporarily go out of stock with various manufacturers. We will notify you by email of any temporary back orders with an approximate timeline for items to be replenished. Partial shipments may be made at lookintheattic.com's discretion. Items that are no longer available from the manufacturer, including items that are out of stock for an excessive amount of time, may be removed from the order at lookintheattic.com's discretion.
Freight Forwarders & International Cards LookInTheAttic will not ship to any Freight Forwarding facility for the purpose of exporting goods and circumventing International shipping costs. Due to the high level of fraud in international shipping, LookInTheAttic ships to a limited number of Countries. The extended list of Countries are required to pay international shipping and payment is by wire transfer only. Customers using an international credit card are required to pay international shipping and, if the credit card is issued from a bank outside of the countries where we accept payment, the payment must be resubmitted by wire transfer. Otherwise these orders are refunded and subject to a thirty-five percent restocking fee.
Signature for Delivery Shipments of value exceeding $500 may require an adult signature at the time of delivery. An adult signature may also be required when delivering goods to an address that is different than the billing address found on the credit card used to make the purchase. It is the responsibility of the buyer to be available to accept delivered goods to their address or arrange pick-up from a local USPS or UPS facility. Packages that are abandoned may be treated as a return and refunded per the return policy.
LookInTheAttic's Limited Warranty Effective January 1, 2009, some products we sell will be covered by the LookInTheAttic & Company's limited warranty. This warranty is available on some products and the availability is listed on the product pages. The warranty it is limited to the metal and mechanical parts and excludes ceramic, glass and crystal parts and components. The warranty period varies from one to five years depending upon the product. The limited warranty is available only for those products that show a limited warranty available on the product pages. The limited warranty covers defects in material and workmanship and the warranty is limited to metal and mechanical parts. This warranty excludes damage from a) Accident, act of nature, abuse, misuse, neglect, unauthorized product repairs, modification or failure to follow instructions supplied with the product b) Any shipment of the product (claim must be presented to the carrier) c) Items subject to wear from normal usage (scratches, scuff marks, kick plates, ceramics, glass etc.) d) Use of the products outside of the U.S.A. e) Use in industrial, commercial and/or professional applications f) Any installation or removal charges resulting from product failure. If during the applicable warranty period from the date of original consumer purchase your LookInTheAttic & Company product is found to be defective, LookInTheAttic & Company will repair, or at its option, replace with a new or used equivalent model, such defective product without charge for parts or labor. Any shipping charges to and from our repair facilities are the sole responsibility of the customer. Contact firstname.lastname@example.org for more information.
Pricing and Information Disclaimer All pricing is subject to change. For all prices, products and offers, lookintheattic.com reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. If an item has been discontinued by the manufacturer, lookintheattic & company, inc. reserves the right to ship a replacement item without notice to the consumer, provided there is no price difference, and the specifications on the replacement item is equal to or greater than the original item ordered. There are no guarantees, express or implied, that finishes, colors, or other qualities of product will be consistent from one shipment to the next. While lookintheattic.com uses reasonable efforts to include accurate and up-to-date information on the Website, lookintheattic & company, inc. makes no warranties or representations as to the Site's accuracy. lookintheattic.com assumes no liability or responsibility for any errors or omissions in the content on the Website.
Limitation of Liability lookintheattic & company, inc. will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. lookintheattic.com will not be liable for products or services not being available for use or for lost time, wages or materials. Customer agrees that for any liability related to the purchase of products or services, lookintheattic.com is not liable or responsible for any amount of damages above the aggregate dollar amount paid by the customer for the purchase(s) under this agreement.
Insufficient Funds / Disputed Payment / Held Payment Policy lookintheattic.com will assess a $68.00 fee to any account whose payment is NSF (i.e. bounced check), returned, held or otherwise put into dispute, charge reversal or any credit card or issuing bank that demands a written response. In addition, the customer agrees to be responsible for any and all collection fees. Accounts are billed for the interest on that amount compounded daily. The interest rate shall be the maximum allowable by law. This policy and fee applies to bounced payments, returned payments, insufficient funds, holds in escrow by credit card or other payment services, bankruptcy filings or any other form of payment reversal, removal or hold placed after the order has been placed or dispute where a written response is required in order to keep funds for shipped goods. These cases are referred to a collections agency reporting to all major credit reporting agencies including, but not limited to, Experian, Equifax and Trans Union. Any form of Insufficient Funds / Disputed Payment / Held Payment will, at the discretion of LookInTheAttic, restrict and nullify your ability to return or exchange any products.
Order Charges, Changes or Cancellation Policy Many of our products are custom assembled and finished to order - therefore all credit cards are charged at the time of the sale. Providing items have not yet shipped, lookintheattic.com will make every effort to accommodate changes to an order - but these changes cannot be guaranteed. Because many items are finished by hand and made to order - cancellations or changes may incur restocking fees typically 18%. Most manufacturers do charge a restocking fee for cancelled orders - this cannot be waived. We cannot accommodate changes to orders that have shipped. Shipping address changes may be attempted but are not guaranteed by the shipping carriers. Address changes, returned packages, unclaimed packages and items returned to sender after items have shipped incur a reshipment fee - otherwise the order is treated as a return and subject to the agreed Return Policy.
Payments by Check or Money Order Payments made by a check or money order will not begin processing until the payment has been received and cleared through our bank. Please note that orders paid by check or money order are only eligible for an in-store credit exchange. Please note that custom orders are not eligible for an exchange or return.
Damaged, Incorrect and Defective Items Policy It is the responsibility of the customer to carefully inspect merchandise and report damage or errors within 7 days of receipt. lookintheattic.com accepts damaged or defective merchandise for exchange of same merchandise if reported within 7 days of your receipt of order. Return shipping of warranty, damaged or defective merchandise to lookintheattic.com is solely the responsibility of the customer. Damaged merchandise is handled through lookintheattic.com's Customer Service. Failure to follow instructions regarding the claim can nullify any reimbursement of fees or charges, and delay any exchange of merchandise by lookintheattic & company, inc.
Notification of Policy Changes
If we decide to make material changes to our return and exchange policy, in whole or in part, we will post these changes on our web site. Those changes will go into effect on the date posted. The new policy will apply to all current and past users of our web site and will replace any prior policies that are inconsistent.