TERMS AND CONDITIONS OF USE
These terms and conditions of use apply to and govern your use of the LINDA HORN Web Site (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 of use, you may not access 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.
CHANGES TO TERMS AND CONDITIONS
LINDA HORN reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to periodically review these terms and conditions of use to be aware of any changes. Your continued use of the Site after any changes are posted will be considered acceptance of those changes.
SALES OF MERCHANDISE
Sales of merchandise by LINDA HORN is made on an “as-is” basis. If you have questions about a particular piece you should send us an e-mail atMADISONAVE@LINDAHORN.COM or call us at 212-772-1122 or write to us at LINDA HORN, 1015 Madison Avenue, New York, NY 10021. We will try to assist internet customers in making a determination as to whether an antique or re-creation you are interested in purchasing meets your expectations. “As-is” means that the merchandise you purchase my 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.
PRICING AND VALUE
All prices are in US dollars. Payment may only be made by credit card, bank official (certified) check or bank wire transfer payable to LINDA HORN. We make our own judgment as to the value of our merchandise. The judgment of an employee or representative of LINDA HORN is not in any way to be considered an appraisal of the worth or value of any merchandise we sell.
All purchases are subject to New York State Sales Tax if delivered in New York State, regardless of the state or country in which the purchaser resides or does business. Purchaser may be exempt from paying such tax only upon advance presentation of a valid New York State Resale Certificate or an Interstate Commerce Commission Bill of Lading stating ultimate shipment to a location outside of New York State. It is the Purchaser’s 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 LINDA HORN receives an offer to purchase an antique or re-creation, we will respond with e-mail quoting the price, tax (where applicable) and estimated packaging, shipping and insurance costs, all of which is the purchaser’s responsibility. 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. You must call us to discuss whether such arrangements can be made before we can make a purchase agreement.
If you respond with e-mail affirming a decision to accept the quote, a purchase agreement is made between us. Unless we are in receipt of 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) or Federal Express (FedEx). 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 or FedEx is made directly to the carrier and in such instances, purchaser must make final arrangements, including payment and delivery, directly with the carrier.
LINDA HORN is not responsible for delivery delays including those due to force majure, i.e., weather, strikes, war, or other actions beyond our control. LINDA HORN 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. Title to the merchandise shall pass to the purchaser, regardless of residence, upon delivery of the merchandise to the carrier.
Advanced written authorization is required before purchases can be returned. Merchandise may be returned for store credit only and must be shipped 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.
LINDA HORN owns, controls, licenses or has the right to use and provide this Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). LINDA HORN is the owner of the copyright in the entire Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
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 LINDA HORN.
CHANGE TO SITE OR CONTENT
LINDA HORN has the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to Content, features, or hours of availability. LINDA HORN may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
You shall indemnify, defend and hold harmless LINDA HORN, and all its officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against 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. LINDA HORN 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 LINDA HORN.
LINKS TO OTHER WEB SITES
The site may or does contain links to other World Wide Web Internet sites, resources, and sponsors of the Site. Links do not constitute an endorsement by LINDA HORN or any of its subsidiaries and affiliates of such third party sites, resources, contents or sponsors. Links do not imply that LINDA HORN or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, tradename, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, tradename, logo or copyright symbol of LINDA HORN or any of its affiliates. You should direct any concerns regarding any link to the respective site administrator or webmaster. LINDA HORN DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH SUCH LINKED SITES. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.
DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. THE GOODS PROVIDED THROUGH THIS WEB SITE ARE OFFERED “AS-IS”, “AS AVAILABLE”, SUBJECT TO PRIOR SALE. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES WITH RESPECT TO THE CONDITION, QUALITY, DESCRIPTION, AGE, ORIGIN, AUTHENTICITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. ALL STATEMENTS MADE BY LINDA HORN, ITS AGENTS AND EMPLOYEES, WHETHER ORAL OR WRITTEN, ARE STATEMENTS OF OPINION ONLY AND NOT WARRANTIES OR REPRESENTATIONS OF FACT. PURCHASER ACKNOWLEDGES THAT MERCHANDISE MADE AVAILABLE FOR PURCHASE THROUGH THIS WEB SITE CONSISTS OF ANTIQUES AND RE-CREATIONS. LINDA HORN MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY MERCHANDISE SOLD THROUGH THIS WEB SITE ARE IN WORKING ORDER OR REPAIRABLE. THE ABSENCE OF ANY 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 LINDA HORN, 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. LINDA HORN 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 LINDA HORN AND PURCHASER AND THE MERCHANDISE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.
LINDA HORN’S RIGHTS TO MATERIALS PROVIDED BY USERS
LINDA HORN 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 LINDA HORN and its subsidiaries and affiliates 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.
NO RESPONSIBILITY FOR TRANSMITTED MATERIAL
You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to LINDA HORN or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and LINDA HORN or any LINDA HORN affiliate or subsidiary other than pursuant to these terms and conditions of use.
NON-UNITED STATES RESIDENTS
LINDA HORN 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.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New York, 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 of use shall be an appropriate State or Federal court located in New York County in the State of New York. You hereby irrevocably consent to the jurisdiction of such courts. If a court having jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue unaffected. These terms and conditions of use constitute the entire agreement between you and LINDA HORN 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 LINDA HORN 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.
Use of the Website-By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.
Trademarks-The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.
External links-External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
Warranties-The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
Disclaimer of liability-The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Conflict of terms-If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Severability-Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable laws (choice of venue and forum)-Use of this website shall in all respects be governed by the laws of the state of New York, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the New York state courts located in Queens county, New York, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.