TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB STIE (THE “SITE”) OPERATED BY BRICKELL COLLECTION YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
The customer agrees to be bound by this Sale Agreement and accept its terms and conditions (unless the customer has signed a separate formal purchase agreement with Brickell Collection, in which case, the separate agreement shall govern).
Important Information about this Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Brickell Collection’s sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement and the Privacy Pledge frequently.
This Sale Agreement is a legal contract between the Customer and Brickell Collection. 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 “Brickell Collection” shall relate to Brickell Collection and its affiliates.) The terms and conditions of this Sale 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 Sale Agreement constitutes the entire agreement between the Customer and Brickell Collection relating to the purchase or sale of goods or services on the Site. 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 Brickell Collection. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or email application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Brickell Collection at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
This agreement and any sales hereunder shall be governed by the laws of the State of FL, without regard to conflicts of laws rules. The customer consents to the jurisdiction of the federal or state courts located in Du Page County, FL for purposes of any suit, action or proceeding arising out of this Sale Agreement.
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Brickell Collection (References to “you” or “your” shall relate to a customer of Brickell Collection or other party that visits, browses, shops, accesses or otherwise uses the Site (the “Customer”); references to “Brickell Collection” shall relate to Brickell Collection and its affiliates. By visiting, browsing, shopping, accessing or otherwise using this site (“Site”), you acknowledge that you have read, understood, and agreed to be bound by this User Agreement and comply with all applicable laws and regulations. If you do not agree to this User Agreement, as it may be changed by Brickell Collection from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This site is controlled and operated by Brickell Collection from its offices within the United States. Brickell Collection makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of FL without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Du Page County, FL to hear any such claims. Any claims relating to product issues after receipt by customer is governed by the laws of state of Florida without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Du Page County, FL to hear any such claims.
Access, Interference and Linking
Brickell Collection grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under “User Restrictions”, or with express written consent of Brickell Collection.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Brickell Collection; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with comparable to those offered on the Site; and, any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Brickell Collection.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page the Site so long as the link does not portray Brickell Collection, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Brickell Collection logo or other proprietary graphic or trademark as part of the link without express written permission.
Brickell Collection does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
The copyright in all material provided on this Site is held by Brickell Collection or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Brickell Collection or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Brickell Collection’s prior written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Brickell Collection be liable for any direct, indirect, special, incidents or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this Site, even if Brickell Collection or a Brickell Collection authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Brickell Collection 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. Brickell Collection will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services, Brickell Collection is NOT liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
Please review our Privacy Notice, which also governs your visit to this Site.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. Brickell Collection reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sold discretion.
Communications to Brickell Collection
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Brickell Collection for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Brickell Collection is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Brickell Collection or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser.
Title to goods is transferred to the Customer as soon as an order is paid in full. After receiving payment, the items are no longer in possession of Brickell Collection. Customers are then deemed renters of Brickell Collection’ warehouse space. Cost of the rent and storage during the course of order processing is included in the cost of items.
If good herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country.
General Legal Disclaimer
Brickell Collection 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 Brickell Collection in no way affects the terms of the manufacturer’s warranty, if any.
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
Pricing and Information Disclaimer
All pricing is subject to change. For all prices, products and offers, Brickell Collection reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome!
Despite the websites best efforts, a small number of the items listed on the website may be priced, or have an incorrect quantity listed. Once discovered,Brickell Collection will makes its best efforts to inform the buyer of the mistake, and reserves the right to either accept a return for a refund minus shipping, or the buyer can purchase the item at the correct price/quantity.
While Brickell Collection uses reasonable efforts to include accurate and up-to-date information on the Site, Brickell Collection makes no warranties or representations as to the Site’s accuracy. Brickell Collection assumes no liability or responsibility for any errors or omissions in the content on the Site. All dimensions are provided by the manufacturer and are assumed correct. Brickell Collection will not provide any Returns, Refunds and/or Considerations for inaccurate measurements. Color scans found on Brickell Collection website were done to the best of our ability and may vary from computer monitor to monitor. For any accurate color selection, please visit our warehouse. Natural products such as wood and leather vary from unit to unit. Brickell Collection is not able to guarantee color, grain and pattern of natural products. All products are sold as a blind assortment.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Brickell Collection until accepted by Brickell Collection. Terms of payment are within Brickell Collection sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Brickell Collection may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
Check Payment Policy
Brickell Collection will accept personal or business checks up to $12,000 at our warehouse location, subject to verification. Brickell Collection will accept personal and business checks for prepay orders, but allow 10 days for clearing.
You authorize Brickell Collection to charge goods, services and pass through charges to your credit card account that you supplied as part of your enrollment paperwork. Brickell Collection will charge your card for any shipping charges that are back-billed to Brickell Collection due to non-payment from your company.
In the event that your company ceases doing business with Brickell Collection, Brickell Collection reserves the right to charge your credit card for any shipping and replacement part charges that arise as a result of shipping to your customers.
Due to our contract with shipping carriers, Brickell Collection is not able to do third-party billing. The drop shipper is responsible for all arrangements in regards to shipping, including scheduling pick ups and arranging payments. The drop shipper is also responsible for the shipping of all replacement parts, if any are needed. In terms of damage, claim or disputes with shipping carriers, it is the drop shipper’s responsibility to contact the customer, the carrier and to file claims. Brickell Collection is not responsible for the claim process. Brickell Collection will not be held responsible regardless of the claim results with shipping carriers.
For any orders shipped through Brickell Collection’s accounts, Brickell Collection will assist the damage claims by submitting proper information to the carriers. Brickell Collection does not guarantee any refund on any of the claims. Brickell Collection is not responsible for any replacement or refund for damage during transit. After receive refunds from the carriers, Brickell Collection will process the same amount of credits for Customers.
Brickell Collection ships to the 48 contiguous states only. If you would want to ship outside of the 48 states, you are welcome to ship to an address within the 48 contiguous states and make your own shipping arrangements from that point forward. However, if you do make your own shipping arrangements in this manner and receive a damaged or defective product, Brickell Collection cannot and will not be held liable. Because a carrier we do not work with has been a part of your shipment, this fact voids all Brickell Collections store and return policies. You will not be eligible for compensation, replacements, or any related resolutions whatsoever at any point in time. If a shipment or part of a shipment is lost in transit, we must have written confirmation from one of our carriers with whom we directly shipped. Any lost packages claims with a carrier you have chosen to work with are not covered by Brickell Collection. Brickell Collection will not replace items lost by your chosen carrier.
If you ship your item on your own internationally and receive an incorrect item or are missing parts, you are responsible for all return international shipping and customs fees for all transits. Brickell Collection will provide parts or replacements, and Brickell Collection will not be responsible for international replacement shipping cost. If the original shipment was to an address within the 48 contiguous states of the US by Brickell Collection before the international shipping arrangements, Brickell Collection can only ship parts or replacements to the address within the 48 contiguous states.
If you ship your item on your own internationally and are displeased with the item overall and would like to return your purchase, you may do so within all return policy time frames and guidelines outlined by Brickell Collection return policy. However, you must arrange and pay for all international shipping fees, customs fees, and any other shipment charges in addition to United States domestic shipping fees (i.e. all shipping fees incurred for all transits, inbound and outbound). Any cancellation or handling fee stated by Brickell Collection return policy will apply in this situation.
All in all, Brickell Collection cannot and will not be held responsible for any international, customs, or related fees for any situation.
Brickell Collection will be able to cancel your order before the order is picked up by a shipping carrier. Order cancellations are only accepted through emails during regular business hours. Once a written order cancellation request is received, Brickell Collection will retrieve the order paperwork, if the order is already passed to shipping department for processing, within our best efforts. Brickell Collection will not be able to cancel an order if the written cancellation request is received after an order is packed by warehouse and/or loaded to the carrier’s vehicle.
Please be advised that our Freight Carrier, Roadrunner, Delivers CURBSIDE only. There can be an option for a liftgate, but this must be requested in advance of the shipment.
Brickell Collection will accept returns with a 30% restocking fee. The items must be returned in NEW condition in the original packaging. Customer agrees to pay for shipping both ways (shipping to the customer and return shipping to Brickell Collection’s warehouse). Brickell Collection will not pay any freight bills or shipping bills associated with returns. For any item damaged in transit and can be made whole by sending parts, Brickell Collection will not be responsible for cost of shipping for said parts. However, if you insist on a refund, this will fall under our normal return policy and we would charge a 30% restocking fee and return shipping. If the item you are returning is returned with damages, the restocking fee will be 50%.
Manufacturer defect claims and part requests must be sent to Brickell Collection within 30 days from the order delivery date to be processed. Brickell Collection will provide parts for the defective item(s) or issue partial refund depending on the condition. Brickell Collection may, in the case of manufacturer defect, absorb the cost of shipping of new parts to the customer.
In rare cases when wrong items are delivered, please contact Brickell Collection for RMA number for returns.Brickell Collection will not process refused shipments without Brickell Collection approved RMAs. For any return cases, Brickell Collection does not accept C.O.D. shipments. All return pieces must be returned to Brickell Collection warehouse facility before any credit or replacement could be issued.
Please Note: These Sales Terms and Conditions are subject to change, and Overrule any verbal commitments made by any employee of Brickell Collection.