Terms and Conditions

Terms and Conditions

THE CHIAVARI CHAIR COMPANY RECOMMENDS THAT VISITORS READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE CHIAVARI CHAIR COMPANY WEBSITE.  BY USING OUR WEBSITE, YOU WILL HAVE AGREED TO THE TERMS AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY, WHICH WILL ALSO GOVERN ANY PURCHASE YOU MAKE.

Using this website subjects the user (you) to all terms and conditions set forth below, together with all otherwise applicable laws and regulations. The Chiavari Chair Company reserves the sole and unilateral discretion to augment, update and/or otherwise modify these terms and conditions at any time without prior notice. If you do not agree to abide by the terms and conditions set forth below, do not use this website.

 

  1. COPYRIGHT NOTICE.This website and its content, including but not limited to the text and images used herein and their arrangement, belong to The Chiavari Chair Company and are subject to all applicable copyright protections.
  2. RESTRICTIONS ON USE.
    No user of the Chiavari Chair Company’s website is authorized to use in any way whatsoever any material, information, text and/or graphic contained on this website. Nor does The Chiavari Chair Company authorize the user to use hyperlinks to display images on other websites that originate at The Chiavari Chair Company’s website nor use materials belonging to The Chiavari Chair Company on a third-party website in any way whatsoever without receiving its prior written permission. The Chiavari Chair Company reserves all rights not expressly granted to the user in these Terms and Conditions.
  3. THIRD PARTY WEBSITES.The Chiavari Chair Company may include on this website links and/or pointers to other websites maintained by third parties (“third-party websites”). It may also include other materials produced and/or maintained by third parties. Any such link and/or pointer to a third-party website, and/or any other third-party materials have been included exclusively for your convenience and should not be construed as permission to use third-party websites or materials in any way not explicitly permitted by the third-party. The Chiavari Chair Company does not operate or control in any manner whatsoever any information, product and/or service available on any such third-party website and is not responsible for their content. The Chiavari Chair Company makes no representations whatsoever concerning the content of any third-party website. The fact that The Chiavari Chair Company has provided a link and/or pointer to any such website does not constitute an endorsement, authorization, sponsorship, and/or affiliation by The Chiavari Chair Company with respect to such websites, its services, the products displayed, its owners, and/or its providers. Any user who chooses to access a third-party website and/or other third-party material does so exclusively at their own risk.
  4. DISCLAIMER.
    Using the internet carries certain risks. The Chiavari Chair Company strongly cautions you to make sure that you understand those risks before using any information, software, and/or products found on the internet or before retrieving, using, relying upon, and/or purchasing anything through the internet. Visitors to this website assume all responsibilities and risks inherent in internet usage. Information published on this website is provided without charge as a convenience to users and should be used for informational purposes only.NOTHING ON THIS WEBSITE CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM, PRODUCT OR BRAND. ALTHOUGH THE CHIAVARI CHAIR COMPANY HAS TAKEN REASONABLE CARE WITH REGARD TO THIS WEBSITE’S CONTENT, THE CHIAVARI CHAIR COMPANY DOES NOT WARRANT OR REPRESENT THAT THIS WEBSITE’S CONTENT IS ACCURATE, COMPLETE, OR CURRENT IN EVERY RESPECT, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS WEBSITE OR THE ASSOCIATED SERVER WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, AND/OR WILL NOT CONTAIN OTHER POTENTIALLY HARMFUL COMPONENTS. THE CONTENT OF THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS FOR WHICH THE CHIAVARI CHAIR COMPANY ASSUMES NO RESPONSIBILITY.ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD-PARTY WEBSITES, ARE PROVIDED THE CHIAVARI CHAIR COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CHIAVARI CHAIR COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  5. LIMITATIONS OF LIABILITY.
    The user of this website expressly agrees to the following limitations on The Chiavari Chair Company’s legal liability.The Chiavari Chair Company is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, and/or defects arising out of your use of this website or with respect to the material provided and/or contained on this website.Under no circumstances will The Chiavari Chair Company be liable for any special, direct, indirect, incidental, and/or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the The Chiavari Chair Company website.Notwithstanding the above, in no event shall The Chiavari Chair Company’s total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to The Chiavari Chair Company by you in connection with the purchase transaction claimed by you to give rise to your claim.
  6. CONTENT SUBMISSIONS
    By using this website, you agree to the use of your personal data as set forth in our privacy policy.You may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or injurious to third-parties and does not consist of or contain software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise act in a way tending to mislead concerning origin and/or content. The Chiavari Chair Company hereby reserves the right, but does not assume any obligation, to remove or edit content for any reason at its sole discretion.By transmitting or posting any non-confidential information to The Chiavari Chair Company or this website you grant The Chiavari Chair Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use such information for any purpose, including, but not limited to, its reproduction, modification, adaptation, publication, translation, use in derivative works, distribution, and display throughout the world in any media. You also grant The Chiavari Chair Company and sublicensees the right, at their sole discretion but without any obligation to do so, to use the name you submit in connection with such content. You further agree that the license granted herein includes the right to use or authorize use of any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information.You represent and warrant that: (1) you own and/or otherwise control all rights to the content of your submissions; (2) the content is accurate; (3) use of the content you supply does not violate any terms of this User Agreement and will not cause injury to any person or entity; and (4) you will indemnify The Chiavari Chair Company against any claim(s) resulting from content you supply. You agree that neither The Chiavari Chair Company nor its licensees will be liable to you for any use of any information you submit. The Chiavari Chair Company has the right, but not the obligation, to monitor and edit or remove any content.You acknowledge and agree that you are solely responsible for any information you submit to The Chiavari Chair Company or this website and further agree that you, not The Chiavari Chair Company, have full responsibility for the content of any such submissions, including their legality, reliability and appropriateness.
  7. JURISDICTION, CHOICE-OF-LAW, and MANDATORY ARBITRATION.
    The Chiavari Chair Company operates this website from offices located in Miami-Dade County, Florida in the United States of America. The Chiavari Chair Company makes no representations that the materials in this website are appropriate or available for use in other jurisdictions. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all applicable local laws.Any dispute relative to the The Chiavari Chair Company Site or use or inability to use our Site will be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the The Chiavari Chair Company Site shall be submitted to confidential arbitration in Miami-Dade County, Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
  8. Sales Tax and Exemptions
    Customers purchasing for resale or rental purposes in the states we collect sales tax in are responsible for supplying us with a valid state sales tax-exempt certificate.  Some state taxing authorities issue new certificates every year so in order to continue placing tax-exempt orders, customers are required to re-submit the state sales tax-exempt certificate annually, if necessary.Your sales rep will ask you to upload your tax exemption documents if we currently charge tax in the state(s) you plan to ship to. Sales tax will be charged on orders shipping to the states of California, Florida, Georgia, Illinois, Massachusetts, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, and Virginia.   Non tax-exempt purchases in those states will be charged sales tax.

    Please note that tax-exempt certificates are reviewed for each state individually. This means that if you have a tax exemption form for a specific state it is valid only for orders shipping to that state.

    It is your responsibility to ensure that the email address on file with your account is active and the best email to reach you, in the event our Tax Department has any questions about your certificate or exempt status for a particular state.

  9. Payment Methods
    We accept payments in many convenient forms, but we do require all orders to be pre-paid before shipment.  You will be sent a complete quotation with all the details of your order including shipping charges and sales tax.We accept all major credit cards including Master Card, Visa, American Express, and Discover with no additional fees.

    We accept checks, money order and ACH or wire transfers for orders with an order total of $5,000 or greater.

    After remitting your payment, you can expedite processing by notifying your sales representative of the payment method you used.  Once payment is accepted by our Accounting Department, the order will be released to process from the warehouse.

  10. Currency in US$All pricing is listed in US Dollars ($) on the website. When ordering outside of the United States, the funds captured for an order will be converted to the local currency of the ordering country on your credit card statement. Credit card companies may also charge a currency conversion fee. Please contact your card issuer for further details.
  11. FinancingWe offer easy financing through third parties.  Whether you want to borrow money for your equipment purchases or lease them with low monthly payments, we have partners we can match you up with to get your order on its way.
  12. Shipping and DeliverySmall orders and sample orders are generally shipped by UPS or Fedex ground services.  You will be notified by email when shipment has been made and you will be supplied with a tracking number.

    Most orders are shipped by truck.  Shipping charges vary based on the size of the order, the distance we are shipping, and the type of delivery being requested.  When you request a quote or place an order with us, we ask you whether we’re shipping to a business or a residence, and whether you have a loading dock.  Shipping charges will be added to your quotation or order total after being shopped across several different carriers so we can be sure we’re quoting the lowest rate.

    It is the customer’s responsibility to inform us of any special requirements for delivery, especially if there is no loading dock and a liftgate will be required.  If delivery has to be re-scheduled for any reason and/or special equipment has to be unexpectedly used to make the delivery, you will be billed for any resulting additional freight charges.

    Arrange to be present when the Freight Carrier delivers your order. If you cannot be there, recruit another adult (18 or older) who will handle your freight delivery for you. Freight shipments will not be left at your door without a customer signature.  You must have adequate staff and equipment on hand to receive freight shipments.  Also have a camera ready to take pictures of the shipment or any products that may have arrived damaged.

  13. INQUIRIES.
    If you have any questions regarding any portion of this Agreement, or if you wish to inquire regarding the rights and responsibilities of use not explicitly addressed herein, please direct questions via email to [email protected].By purchasing any product, whether over the phone or on-line through The Chiavari Chair Company website (collectively, “The Chiavari Chair Company”), you (the purchaser) agree that any and all disputes that arise between you and The Chiavari Chair Company shall be resolve through binding arbitration at a facility of the American Arbitration Association (“AAA”) located in Fort Lauderdale, Florida. The word “product” as used in this provision means any physical goods, warranty product, service, and/or other item of any description whatsoever. Any such arbitration proceeding shall be commenced and conducted according to AAA’s rules governing Expedited Procedures in Commercial Disputes. You further agree that any claim against The Chiavari Chair Company must be asserted by you in your individual capacity and may not be combined in any way with any other claim asserted by any other person, whether through a class action procedure or otherwise, regardless of the nature of the claim and/or the amount in controversy.
  14. TERMINATION.
    The Chiavari Chair Company or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this website. The Chiavari Chair Company may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition. Upon termination, you must destroy all materials obtained from this website.
  15. AGREEMENT.
    This agreement constitutes the entire Agreement between you and The Chiavari Chair Company and supersedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of The Chiavari Chair Company.
  16. OTHER.
    The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect.This policy was last updated on May, 2022. As noted above, The Chiavari Chair Company reserves the sole and unilateral discretion to augment, update and/or otherwise modify these Privacy and Security Policies at any time without prior notice.