ONLINE PURCHASE TERMS AND CONDITIONS
This section sets forth uptownsebastian.com’s Terms and Conditions of sale.
Unless otherwise approved in writing by Uptown Sebastian, you are permitted to electronically copy and print these Terms and Conditions for the sole purposes of personally reviewing and maintaining a record of the Terms and Conditions pertaining to your order for your personal use only, and for no other purpose of any sort whatsoever.
Obtaining a Printed Copy of These Terms and Conditions
You may obtain a printed copy of the current Terms and Conditions by sending an email to operations@uptownsebastian.com and requesting a copy to be sent to you by mail and providing your contact information in the email. Alternatively, if you would like an emailed copy of these Terms and Conditions, please provide your name and the email address to which you would like for the Terms and Conditions to be sent.
Modifications to Terms and Conditions
We may update or modify these Terms and Conditions at any time and without prior notice. For this reason, you should review our Terms and Conditions each time you purchase products from us.
Intellectual Property
Certain names and marks are proprietary and are owned by Uptown Sebastian “Uptown Sebastian” is a registered service mark and trademark of Uptown Sebastian. This website and all its contents are protected under copyright by Uptown Sebastian with all rights reserved.
General Terms
Uptown Sebastian carry many of the products displayed on our website. In some cases, merchandise on our website may not be available, may be out of stock, or may be discontinued without notice. Some items shown on our website are only available in Uptown Sebastian for custom orders.
All prices and services featured on our website are quoted in U.S. dollars, are valid and effective only in the continental U.S.
Your total order amount, including sales tax, shipping costs, and delivery charges, will be charged in full to your chosen form of payment at the time the order is placed.
Every effort has been made to ensure the accuracy of prices, item numbers, availability, and dimensions; however, we cannot be responsible for typographical errors. Uptown Sebastian reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions even after an order has been submitted or the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Uptown Sebastian will issue a credit to your credit card account in the amount of the charge.
We are proud of our products and may reference wood and manufacturing techniques throughout the website. Wood/veneer species, product composition, and manufacturing techniques vary by product and may change over time without notice. Final products may vary in color, finish, size, fabric, or other features. With cut yardage and swatches, fabric widths and repeats may vary, and color variations will occur by dye lot.
Some of our products have been photographed with electronic equipment and/or alongside other decorative objects. Electronic equipment and decorative objects are not included with product purchase.
“Starting fabric” upholstery prices reflect the price of the item in its starting-grade fabric without any options. Items are not necessarily shown in starting-grade fabric.
Clearance items
Clearance items are final sale and may not be returned. Quantities are limited, and items are subject to prior sale. No price adjustments are given on prior sales.
Warranty
The only warranties and guarantees provided by Uptown Sebastian are expressly set forth in the Uptown Sebastian Limited Warranty in effect on the date of purchase, which Customer acknowledges has been reviewed. Uptown Sebastian disclaims all conditions, warranties, and guarantees that are not expressly set forth therein and any implied conditions, warranties, and/or guarantees, including, absent limitation, implies warranties of fitness for a particular use.
Communications
Customer hereby authorizes Uptown Sebastian and its agents to use phone numbers and email addresses provided by Customer for order status updates, delivery scheduling, marketing, and surveys, including automated calls and text messages, in accordance with the privacy policy found on uptownsebastian.com.
Order Cancellations
We cannot accept order cancellations on any custom-made or custom-cut items (collectively, “Custom”) past 48 hours after order placement.
For all items other than Custom that have not shipped, including gift registry items: We will accept a cancellation and issue a full refund to your credit card account, or we will issue a gift card. To cancel an uptownsebastian.com order, please contact our Client Services at 833.566.6526
For all other items that have shipped: Below, find the return policy that applies and follow that procedure.
Returns
We do not accept returns on mattresses or foundations (box springs); direct-wire lighting (including chandeliers); custom-made or custom-finished items, custom-cut fabrics, or custom artwork.
Return Procedure: Items shipped via UPS
Return the item, along with a completed Return Authorization Form, via UPS within 30 days of receiving the product. Repack the item securely in its original carton and keep the upper part of the Return Authorization Form for your records.
If your item arrives damaged, please call Client Services at 833.566.6526 to request a Return Authorization Label.
We will not issue refunds for items returned more than 14 days after receipt. Shipping charges are not refundable, and you are responsible for the return shipping charges.
Your item will be inspected upon return. If in new condition, a credit will be issued to the original credit card. If item is not returned in new condition, it will be subject to a restocking fee. Please allow 2 to 3 weeks for your return to be processed and for the credit to appear on your credit card statement.
Return Procedure: Premier In-Home Delivery Items
Contact Client Services at 833.566.6526 within 3 days of receiving your delivery. If authorized, a pickup will be scheduled within 30 days of your receipt of the product. A credit will be issued to the original credit card account; however, shipping charges are not refundable.
If the item arrived damaged, a signed delivery receipt or bill of lading with a notation of damage on it is required.
Shipping Address Changes
Once an order has passed our verification process, the shipping address cannot be changed. You may cancel the existing order, provided that it has not been processed for shipping, and place a new order with a different shipping destination.
NATIONAL AND STATE-SPECIFIC STATUTES
The United States Electronic Signatures in Global and National Commerce Act
You acknowledge and agree that your consent to these Terms and Conditions, and all other representations, acknowledgements, and agreements stated herein, are being provided in connection with transaction(s) that may or will affect interstate commerce, and, as such, you agree that such are subject to and shall be deemed to be in compliance with the U.S. Electronic Signatures in Global and National Commerce Act (the “Act”). You and Uptown Sebastian each intend for the Act to apply to the fullest extent possible to validate Uptown Sebastian’s ability to conduct business with, communicate with, and send offers, and promotional materials, and other information and content permitted by these Terms and Conditions to you by electronic means and otherwise, and you grant consent for all such electronic transmissions.
Maryland Residents
If you are not provided with an estimated delivery date or if Uptown Sebastian fails to deliver your order within two (2) weeks of the estimated delivery date, you may (1) cancel the order and receive a full refund or credit equal to your deposit, (2) modify the order by ordering another item, or (3) select a new delivery date. Uptown Sebastian is not required to allow you to exercise these rights if the item(s) ordered are custom and Uptown Sebastian is not able to cancel the order with the factory.
New Jersey Residents
The merchandise you have ordered is promised for delivery to you on or before the estimated date. If the merchandise ordered by you is not delivered by the promised delivery date, Uptown Sebastian must offer you a choice of (1) canceling your order with a prompt, full refund of any payments you have made, or (2) accepting delivery at a specific later date.
State of California Proposition 65 Warning
Products may contain one or more chemicals known to the State of California to cause cancer or reproductive harm.
Limitations of Liability
To the fullest extent permitted under applicable law, you agree that:
- with the exception of the express warranties set forth in Uptown Sebastian’s terms of sales and written warranty policies, Uptown Sebastian expressly disclaims all warranties of any and every kind, whether express or implied, including, among all others, the implied warranties of fitness for a particular purpose, non-infringement, and merchantability; and
- to the fullest extent permitted by applicable law, Uptown Sebastian shall not be liable for any direct or indirect damages of any kind arising out of or in connection with your use of uptownsebastian.com. The foregoing is a comprehensive limitation of liability and damages that shall apply to all damages of every kind and nature including, without limitation, direct, indirect, compensatory, incidental, punitive, and/or consequential damages, losses, misappropriation, and/or theft of data, goodwill, income, or profit, losses related to property damage of whatever type, and any other tangible or intangible losses or claims of third parties.
To the fullest extent permitted under applicable law, you agree that the maximum collective liability of Uptown Sebastian for all claims, causes of action, losses, or damages, however arising and by way of whatever type of proceeding, shall be no greater than one hundred dollars ($100). Except as is otherwise prohibited by applicable law, the limitations set forth herein shall apply to any theory of legal liability, including, among all others, breach or repudiation of contract, violation of statute, violation of common law, tort, negligence, gross negligence, recklessness, intentional misconduct, strict liability, or any other claim or damage for any type of civil liability, or based upon any other legal theory and irrespective of whether damages, actual or otherwise, are deemed to exist.
The provisions of the foregoing paragraphs that impose a damages limitation of one hundred dollars ($100) or otherwise prohibit damages to be multiplied or increased, do not apply in those states, including without limitation to consumers within the state of New Jersey, and the provinces in Canada which do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential, or another type of damages.
Dispute Resolution
Please read this section carefully, as these provisions provide for the resolution of disputes through the use of binding arbitration on an individual basis, and also include certain waivers, including waivers of all class actions, class arbitrations, jury trials, and the right to proceed in court (other than arbitration).
Any legal action relating to the use of uptownsebastian.com must be brought in the state or federal courts located in the State of Virginia.
You and Uptown Sebastian agree that any dispute or claim relating to any transaction or interaction with Uptown Sebastian (including, but not limited to every purchase), these Terms and Conditions, and/or any other aspect or issue concerning the relationship and transactions between you and Uptown Sebastian, whether pertaining to contract, tort, statute, common law, fraud, misrepresentation, civil liability or any other legal theory (each, a “Dispute”) will be resolved in accordance with the provisions in this Legal Disputes section and any other applicable Terms and Conditions.
Subject to applicable law, these Terms and Conditions and any Dispute arising from or in connection thereto shall be governed by the laws of the United States, including the Federal Arbitration Act, and the laws of the State of Virginia, without regard to principles of conflicts of law. These provisions shall not apply to individuals who reside in Quebec, Ontario, or Saskatchewan. To the extent prohibited by applicable law, non-U.S. citizens agree to an alternative procedure for dispute resolution if the arbitrator rules that arbitration is prohibited by law.
Except for disputes that qualify for small claims courts, all disputes arising out of or related to these terms and conditions or any aspect of the relationship between you and Uptown Sebastian, whether based in contract, tort, statute fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and you agree that Uptown Sebastian and you are each voluntarily surrendering and waiving the right to trial by a judge or a jury. You agree that any arbitration under these terms and conditions will take place on an individual basis. Class arbitration and class actions are not permitted, and you are expressly agreeing to give up the ability to participate in a class action.
The arbitration shall be administered by the American Arbitration Association (the “AAA”) under its then-applicable Consumer Arbitration Rules (and shall be subject to all of the Terms and Conditions of this Agreement, which take precedence over any such Consumer Arbitration Rules to the extent permitted by applicable law). The Consumer Arbitration Rules are available online, and can be found at: www.adr.org/consumer. To the extent that the AAA cannot or declines to administer the arbitration, the arbitration will be administered by JAMS (formerly, the Judicial Arbitration and Mediation Services) under its Streamlined Arbitration Rules and Procedures (and shall be subject to all of the Terms and Conditions of this Agreement, which take precedence over any such Streamlined Arbitration Rules and Procedures to the extent permitted by applicable law). The Streamlined Arbitration Rules and Procedures are available online at https://www.jamsadr.com/rules-streamlined-arbitration/ (or at www.jamsadr.com to the extent of any updated version and/or if you cannot access or locate the most current version otherwise). If both AAA and JAMS cannot or decline to administer the arbitration, a court of competent jurisdiction may appoint a neutral arbitrator. Notwithstanding the foregoing, you may assert individual claims in small claims court if your claims otherwise qualify.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules, except as set forth herein. To the extent you prevail on the Dispute(s) that are subject to the arbitration, we agree to pay up to, and you agree that you will not seek recovery from Uptown Sebastian of more than, the total sum of $2,000 for attorney’s fees, costs, and expenses associated with the Dispute and the arbitration thereof; provided, however, that in the event you prevail, we also agree that we will pay the costs of the arbitrator’s fees and the other costs associated with the arbitration itself. Likewise, even if we prevail, we will not seek attorneys’ fees, costs, and expenses associated with the Dispute exceeding $2,000. You agree that if the amount involved in the Dispute is less than $10,000, the arbitration will be conducted, at your election, by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
The arbitrator’s decision, which shall be consistent with these Terms and Conditions, will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief and/or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by individual claims before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced by any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, territorial, provincial, or local governments or agencies and, if and to the extent applicable law permits, such entities having jurisdiction may seek relief.
General Conditions
This Agreement contains the entire agreement and understanding by and between Parties with respect to the subject matter hereof, and no representations, promises, agreements or understandings, written or oral, not herein contained shall be of any force or effect. No change or modification hereof shall be valid or binding unless the same is in writing and signed by the party intended to be bound. This Agreement shall be binding upon, and shall inure to the benefit of, Uptown Sebastian and you, and their respective successors and/or assigns. However, you may not assign this agreement or any duties hereunder without the prior express written authorization of Uptown Sebastian. The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof. The headings and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing, or enforcing any of the provisions of this Agreement. Neither party shall be liable for the failure to perform its obligations under this Agreement due to events beyond such party’s reasonable control including, but not limited to, strikes, riots, wars, fire, acts of God, or acts in compliance with any applicable law, regulation, or order (whether valid or invalid) of any court or governmental body. No waiver of any provision of this Agreement shall be valid unless the same is in writing and signed by the party against whom such waiver is sought to be enforced; moreover, no valid waiver of any provision of this Agreement at any time shall be deemed a waiver of any other provision of this Agreement at such time or shall be deemed a valid waiver of such provision at any other time.
