Shaneybrook.com

Legal

Welcome to Shaneybrook, Inc's' website and thank you for reviewing our Terms of Use and Policies. These Terms of Use and Policies apply to your use of the website and services owned and operated by Shaneybrook, Inc. and affiliate companies (collectively, "Shaneybrooks", or "we", "us", or "our").

Terms and conditions

Agreement
Eligibility
Site integrity
Links
Warranties: limitations of liability and indemnity
Limited license and ownership
Trademarks
Applicable law
Privacy
Security

Terms and conditions:

Agreement

By accessing, using, browsing, or buying on this Site you agree that you have read, understood and agreed to be bound by these Terms of Use and Policies and to comply with all applicable laws, rules and regulations.

Eligibility

We offer our Site and its service only to people who and parties that may lawfully enter into and form contracts under applicable law. For example, minors are not allowed to buy on the Site. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site.

These Terms of Use and/or Policies may be revised from time to time. If we revise these Terms of Use and/or Policies, we will post the revised version on this Site at http://www.shaneybrook.com/aboutus/legal/legal.htm. The revisions will be effective immediately. Please re-read these Terms of Use and Policies in the future from time to time for changes. By using the Site after we have changed the Terms of Use and/or Policies you will be deemed to have accepted the changes. If, for any reason, you do not agree to abide by our Terms of Use and Policies, please do not use the Site.

You are responsible for regular reviewing these terms, conditions, and policies posted on this page: http://www.shaneybrook.com/aboutus/legal/legal.htm.

Further, we may change our Site at any time to add or remove features, services, or materials in our sole discretion, and without liability to any user.

Site integrity

You are prohibited from using any mechanism, device, software, script or routine to affect the proper functioning of the Site or any service taking place on the site.

You may not take any action that places an unreasonable burden or excessive load on our system(s). You agree not to infect our Site with any computer programming routine (e.g.: any virus, worm, time bomb, cancelbot or trojan horse) that may damage, interfere with, delay, or expropriate any system, data, or information.

In order to ensure that we can provide high quality services to all our users, we reserve the right to investigate potential abuses to these Terms of Use and/or Policies and, where we deem it appropriate, we may contact law enforcement officials to investigate. We will not disclose the existence or occurrence of investigation unless required by law.

We reserve the right, in our sole discretion, to suspend or terminate your right to access our Site if we learn that you have provided us with false or misleading information, interfered with other users or the administration of our service(s), or violated, or attempted to violate these Terms of Use and/or Policies.

Links

These Terms of Use and Policies do not apply to your use of unaffiliated sites to which our Site only links.

We are not responsible for the availability of any other site to which the Site links. We do not endorse or take responsibility for the contents, advertising, products or other material made available through any other site. Under no circumstance(s) will be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.

You may not distribute, copy or reproduce, in part or in whole, any section, photograph, graphic or other material from the Site without prior written consent of a Shaneybrook, Inc. officer. Nor may you link to any page, anchor, any section, photograph, graphic, or other material from the Site without prior written consent of a Shaneybrook officer.

Warranties: limitations of liability and indemnity

We may modify or discontinue the Site or any of the service(s) or any feature(s) of the Site with or without notice, without liability to you, any other user or any third party for any reason. You understand and agree that the Site and its services are provided on an "AS IS" and "AS AVAILABLE" basis.

You understand and expressly agree that: (1) use of the site and its services is solely at your risk, (2) any material purchased and/or data downloaded or otherwise obtained through the use of the Site is at your own discretion and risk, and (3) you will be solely responsible for any damage to your computer system or loss of data that results from any download of such material and/or data.

The Site and the products offered on the Site are provided on an "AS IS" and "AS AVAILABLE" basis. Shaneybrook, Inc. makes no other representations or warranties of any kind, expressed or implied, with respect to the site, any material, property or information offered on the site or any transactions that may be conducted on, through, or in conjunction with this Site, including without limitation:

(i) The implied warranties of product, condition, usage, longevity, quality, merchantability, fitness for a particular purpose, title, and non-infringement; (ii) that the Site will meet your requirements, will always be available, accessible, uninterrupted, timely, accurate, secure or operate without error; (iii) any implied warranty arising from course of dealing or usage of trade; and (iv) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Shaneybrook, Inc., any officer, employee or assign.

To the full extent permissible under applicable law, Shaneybrook, Inc. disclaims any and all such warranties.

To the full extent permissible under applicable law, Shaneybrook, Inc. and/or any affiliate(s) will not be liable for any damages of any kind including without limitation direct, indirect, incidental, punitive and consequential damages (including without limitation for lost profits, revenues or data), arising out of or in connection with the site, the inability to use the site or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the site.

You agree to indemnify, defend and hold harmless Shaneybrook, Inc. and any of its affiliates or related entities and the officers, directors, employees, consultants and agents of each of them from any and all third party claims, liability, damages and/or costs, including, but not limited to, attorneys fees, arising from your use of our services, your violation of the Terms of Use and/or Policies or your infringement of any intellectual property or other right of any person or entity. The Terms of Use and Policies will insure to the benefit of Shaneybrook, Inc. successors, assigns and licensees.

Limited license and ownership

Shaneybrook, Inc. grants a limited license to each user of this Site to make personal non-commercial use only of the Site. This license expressly excludes, without limitation, any resale or commercial use of the Site, the collection and use of any information, listings, listings, or any data extraction or data-mining whatsoever, including without limitation the reproduction of images found on the Site for any use other than viewing the property for purposes of considering a purchase.

All content included on this Site, such as text, graphics, logos, button icons, images, and audio-visual clips, is the property of Shaneybrook, Inc, an affiliate of Shaneybrook, Inc. or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. As between you and Shaneybrook, Inc. the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Shaneybrook, Inc. and is protected by U.S. and foreign copyright laws and international conventions. The content on this Site may be used as a shopping and educational resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on the Site is strictly prohibited.

Trademarks

Shaneybrook, Inc., SHANEYBROOK, Shaneybrooks, Shaneybrook Oriental Rugs, Shaneybrook Textile Conservators, Shaneybrook Rugs, and Anglo-Persian Rugs are registered trademarks in the United States and other countries and used by permission only. Shaneybrook, Inc. website, graphics, logos and service names are trademarks of Shaneybrook, Inc. and used by permission only. These trademarks may not be used in connection with any product or service that is not Shaneybrook, Inc. in any manner that is likely to cause confusion to the public, or in any manner that disparages or discredits Shaneybrook, Inc.

Applicable law

The Terms of Use will be governed by and construed in accordance with the laws of the State of Maryland, United States of America, without giving effect to its conflict of laws provisions or your actual state or country of residence and by using this Site you consent to the exclusive jurisdiction of the courts of the State of Maryland, U.S.A.

The Terms of Use and Policies constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed servable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Headings used in these Terms of Use and Policies are for convenience only and are not to be relied upon. Shaneybrook, Inc. failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Shaneybrook, Inc's' right to exercise such rights or remedies or enforce instance. Any waiver of any provision of this Agreement by Shaneybrook, Inc. must be made in writing and signed by an authorized officer of Shaneybrook, Inc., a legally authorized notary, specifically referencing this Agreement and the provision to be waived.

Privacy

Shaneybrook, Inc. ("Shaneybrook", "Shaneybrooks", and "Shaneybrook.com") is committed to providing all users with a satisfying experience while using Shaneybrook.com.

Shaneybrook, Inc. will receive information regarding every visit that takes place on the Site -- which information does not include personally identifying information. No cookies are used within our Site, whatsoever. Shaneybrook, Inc. will use this general statistical traffic data -- to improve the Site and its features.

Unless you request otherwise, upon contacting Shaneybrook, Inc. via email or any other written correspondence, Shaneybrook, Inc. may, from time to time, send you notices to the return email address about the sale of property, special events, and/or other online sales, seasonal sales, improvements, addition to, or removal from the Site, as well as other events that may be of interest to you.

In the event of a dispute regarding an item or item(s) purchased on the Site, Shaneybrook, Inc. may create and maintain a paper file that contains correspondence and information about the issue and include user information. You authorize Shaneybrook to collect and maintain such a file.

Shaneybrook, Inc. agrees not to share any of your personal information with any business affiliate or elsewhere. You may choose not to receive marketing information from Shaneybrook, Inc. by requesting so in writing. Please use our contact and support form.

If you buy items on the Site from Shaneybrook, Inc., we are required to only use information provided to it in order to complete your transaction. Any financial information you provide will be kept strictly confidential. Financial information will not be shared with any third party except to analyze whether payment for a purchase and/or service is available or to facilitate a payment. Shaneybrook, Inc. uses a reputable third-party company to deliver and manage transactions for purchasers of Shaneybrook, Inc. property. This process management company is obligated to protect your confidential information, including personally identifiable information, and not to use your confidential information for any reason other than as you expressly permit and for completion of your transaction with Shaneybrook, Inc. For example, Shaneybrook, Inc. uses a third party to verify that your name, address and credit card appear to be valid and not being used fraudulently.

You authorize Shaneybrook, Inc. to create and maintain a paper file of correspondence with you in the event that you contact us about specific property or a particular transaction.

It is possibly the Shaneybrook, Inc. its parent and affiliates could merge with or be acquired by another business entity. Should such a combination occur, you should expect that Shaneybrook, Inc. would share some or all of your information with its new parent or affiliates, subject to contractual restrictions, in order to continue to provide Site service(s).

Security

Shaneybrook, Inc. and Shaneybrook.com maintain and protect all information they receive according to the highest industry standards of confidentiality. Only those employees and agents who need to know clients' personal information for business purposes have access to such information.

We will never share your personal financial data with any third party except to facilitate or complete a transaction with you, comply with fraud or security investigations and applicable law.

Policies:

Shaneybrook, Inc. offers period vintage, antique products, and new reproductions made in the same identical fashion as the original period vintage and antique products. Each of these will be identified clearly to avoid any confusion between the two.

Purchasing from Shaneybrooks

Purchases can be made with non-multiple one-time payments via personal check, business check, money order, cashiers check, or certified check, as well as with major credit cards through our RBS Worldpay terminal. Shipment and/or delivery require signature by the authorized credit card holder upon shipment/delivery to the address on the authorized credit card account only. Personal and business checks for first time purchasers/service users are subject to a holding/cleaning period of 10 consecutive calendar days, with exception of purchase over $999.99 USD, which are subject to a holding/clearing period of 10 business days.

Merchandise issues and returns

Vintage merchandise and products are offered in an "as is" and "as available" condition without warranty. New merchandise and products are provided as special customized orders and subject to painstaking inspection upon completion of manufacture and any flaws or imperfections will be replaced or corrected prior to shipment and/or delivery. Inspection is available at the completion at the completion of manufacture and prior to shipment only.

In unique circumstances, some reasons may occasionally arise requiring a return of merchandise or a product. When purchasing a vintage good, it is understood that the item(s) has significant age, usage, and possible evidence of use, wear, and patina -- condition matters resulting from age and/or use, or wear are not acceptable reasons for return.

Products sold "on approval" must be arranged in writing through a Shaneybrook, Inc. authorized officer prior to purchase and will be addressed on an individual item-by-item basis only. "On approval" sales do not supercede any aforementioned or further policy(ies) unless otherwise noted and documented in writing, in advance, by a Shaneybrook, Inc. authorized officer.

For sales subject to prior written agreement of an "on approval" sale, any return must be logged in with the approved return shipper within 72 consecutive hours of delivery. In such cases, a Return Authorization Number (RAN) will be assigned and must appear on the exterior of the package (marked large and clearly visible). No returns are/will be accepted without Shaneybrook, Inc. authorization, an RAN, or past the expiration of the 72 consecutive hour period immediately following delivery of purchased good(s). Approved returns are subject to a restocking fee ranging from 30% on newly manufactured products. Approved returns are subject to a fee of 35% on vintage products. Applicable sales tax, shipping (in either direction) and shipment related fees (such as insurance) and packing/handling fees are non-refundable. Should a return be pre-paid by the original purchaser, the shipping and/or packing and handling fee(s) will not be reimbursed by Shaneybrook, Inc. or any of its affiliates. Balance due on returns will be offered as a credit with Shaneybrook, Inc. exclusively, unless and only if prior arrangements have been made in advance and in writing by a Shaneybrook, Inc. officer. Repairs and materials (including fringes and bindings) as well as third party products (such as padding, stair-rods, stair-clips, etc.) are non-returnable and non-refundable.

We cannot guarantee that our rug(s) and/or carpet(s) will match the colour of paint on your wall(s), your slip cover(s), furniture, other rugs or your accessories. The colours we identify are based on the determination and recommendation of our staff and through consultation with the nationally recognized decorating, conservation, cleaning and restoration staff. Understanding that everyone interprets colour differently -- Shaneybrook, Inc. works on consensus and within definition of colour name/identification that are generally accepted within the rug industry and the interior design trade. Sample materials for color matching are always available on request and for a nominal fee.

Color representation and photography

Shaneybrook, Inc. currently uses an Canon Professional EOS 40D (10 mega-pixel) digital SLR camera for photography. The photographs are processed and resized in Adobe Photoshop CS4 and Apple Aperture using an 8-bit, 216 standard "online" colour palette (the common colours shared by Mac, Unix, and Windows platforms) -- this is to provide the most accurate and consistent colour reproduction on your computer (no matter what operating system you are using). Some older monitors, particularly CRT monitors, will display images with a "blueish" hue which increases with the age of the monitor. Colour shifts will affect relationship of colours in images, in addition to creating colour "masking" effects.

The images you see on the Site have been saved using a 72 dpi (dots per inch) resolution for the best viewing on your computer screen and an 80% quality for moderate download speed. If you print these images, you will not see the same quality you do on your computer monitor -- these images have been optimized for web browsers and may appear "dithered" or "pixilated" when printed. It is recommended that images for print are saved at 300 dpi or greater resolution, not the 72 dpi as explained above.

Rug photographs/images are taken outdoors on the same platform where our conservation staff completes rug cleaning. The platform is covered, but allows the rug to receive indirect daylight (similar to that of interiors) for even lighting and to provide an accurate reproduction of the rug or carpets colour(s), hues, condition, and character.

Shipping

Shipping and delivery services are provided by a variety of different companies determined by the requirements of the merchandise or product being shipped/delivered and by selection of quoted services supplied to customers on request.

Shipping and delivery quotes are available by request. Please use our contact and support form.

Shipping and delivery fees are passed directly to the purchaser without any markup or profit. Packing and handling fees are noted for most items offered by Shaneybrook, Inc. and through Shaneybrook.com. For merchandise that does not have notation, lease use our contact and support form.

For your safety and ours, all shipments/delivery(ies) from Shaneybrook, Inc. require proof of delivery signature and can only be sent to a confirmable address, or if paying by credit card/paypal.com to the matching credit card holders billing address.

Further inquiries

You may direct questions about the Terms of Use and/or Policies, or other issues via Shaneybrook, Inc's contact and support form or by writing to our corporate office address below.

Shaneybrook, Inc.
19403 Barrens Road South
Stewartstown, PA 17363
USA
Tel: 717-993-6363