For purposes of the Agreement, the following terms have the meanings specified below:
Customer – Means and includes an individual, sole proprietor, a partnership, a joint venture, a corporation, a limited liability company, a trust, an unincorporated association or organization, and a government or any agency or political subdivision thereof.
SewNeau – Means and includes an individual or individuals employed by RBR, Inc., (an Ohio corporation) an individual, sole proprietor, a partnership, a joint venture, a corporation, a limited liability company, a trust, an unincorporated association or organization, and a government or any agency or political subdivision thereof, operating either with or without contract or license, who are not otherwise specifically identified in attachments to the Agreement, conducting business under the duly registered State of Ohio trade name: "SewNeau."
Any additional or different terms, whether or not materially different, set forth in any communication from the Customer are objected to and hereby rejected.
SewNeau may, from time to time, change or modify any of the Terms of Sale contained herein. As a result, any new orders placed by the Customer not specifically covered by a written agreement shall be subject to the then prevailing Terms of Sale, which shall be posted and maintained by SewNeau at its Website, the address of which is now: http://www.sewneau.com/legal/sewneau.terms.of.sale.php.
SewNeau retains the right to refuse or cancel any order, at any time, with or without cause. Order refusal or cancellation shall not require notice to the customer, or customer pre-approval. Prepaid orders, refused or cancelled without cause shall be subject to the immediate processing of a credit for the entire amount paid.
Estimates do not include any costs associated with either delivery, or sales tax.
New Garments - SewNeau must either see the pattern, or be provided the pattern brand and number for reference. If it is to be made from a favorite garment you already own, we must see the original garment. At least one personal appointment for fitting and consultation at our shop may be required.
Alterations and Repairs - SewNeau may need to see the garment, or accessory, before providing an estimate. At least one personal appointment for fitting and consultation at our shop may be required. Greater Clevelanders seeking simple alterations such as hemming, or replacing a button or zipper, should contact us for an estimate.
SewNeau shall retain all title and ownership rights to the products within the scope of the sale until such time as SewNeau has received full payment for same.
All products ordered by Customers that reside in the State of Ohio shall be subject to Ohio state sales tax. Customer warrants and represents that all tax information provided to SewNeau shall be a true and honest statement of Customer’s potential tax liability and further agrees to indemnify and hold harmless SewNeau from any and all losses arising from any breach thereof. Customer understands that changes in tax liability may impact products within the scope of the sale and agrees that any additional fee(s) to bring these products into compliance with the new tax liability will be additionally charged.
In-person orders do not include shipping. The customer must make their own arrangements for the pick-up of in-person orders at our shop. When shipping is required, SewNeau ships to U.S. addresses in the 48 contiguous states only. We do not ship to Alaska or Hawaii. All orders are shipped via U.S. Priority Mail at the prevailing rates. Packages are tracked via a Postal Service delivery confirmation number and may require a signature upon delivery.
Packages Sent to SewNeau - Return orders sent to SewNeau require a return merchandise authorization, which we assign. Returns sent without an RMA will be refused. All packages must be sent with the shipping cost prepaid. Packages sent C.O.D., or "Freight Collect" will be refused.
Each project is unique requiring special consideration by SewNeau regarding the time required for project completion. Projects are completed in the order they are received unless other arrangements are agreed to, in advance, by SewNeau. At no time will SewNeau be subject to, or held liable in any way for not meeting, any schedule or deadline not agreed to in advance by SewNeau. SewNeau shall incur no liability or penalty for delays due to state of war, civil disorder, fire, strikes, accidents, action of Government or civil authorities and acts of God or other causes beyond its control. All times are U.S. Eastern.
In-person Orders - Orders are considered to be complete and accepted if payment is made and the order is removed from the premises, after which no return, refund or adjustment will be considered.
Shipped Orders - Claims of any kind must be made by the Customer in writing within three (3) days of the delivery, after which no return, refund or adjustment will be considered.
Shipped Order claims will only be considered when:
Refunds or adjustments will only be made to the original purchaser and can only be credited to the credit card used at the time of the original purchase. Under no circumstances will shipping and/or handling charges be refunded.
All Orders - Orders that include personalization (such as monogramming) of any kind cannot be returned under any circumstances. Failure to make a claim for any order type within the above stated periods shall constitute irrevocable acceptance and an admission that the order is complete and accepted by the Customer.
The orders covered by these Terms of Sale are provided "as is," without a warranty of any kind. All express or implied representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, are hereby excluded to the extent permitted by law
In no event shall SewNeau be liable for any lost revenue, profit, or for direct, indirect, special, consequential, incidental or punitive damages however caused and regardless of theory of liability arising out of the use of or inability to use the product covered by the Agreement, even if SewNeau has been advised of the possibility of such damages. In no event will SewNeau’s liability in connection with the scope of the sale exceed the stated selling price paid to SewNeau by the Customer.
In the event that SewNeau shall begin any litigation to enforce the terms of the Agreement, then the Customer shall pay SewNeau’ court costs and reasonable attorney's fees.
Invalidation of any of the provisions, covenants, or restrictions of these Terms of Sale, by judgment or court order, shall in no way affect any other provision, covenant, or restriction, which shall remain in full force and effect.
In the event statements exist in accompanying agreements, exhibits or attachments, that are, or may be determined to be in conflict with any statements made herein, the Customer acknowledges and agrees that said statements are hereby replaced with and superseded by those found herein.
This agreement shall be governed and interpreted under the laws of the County of Cuyahoga, State of Ohio, USA, as now or hereafter may be in existence.
Customer acknowledges and understands and agrees that this agreement shall be construed and enforced under the laws of the County of Cuyahoga, State of Ohio, USA. Customer represents that Customer understands that Ohio courts are best suited for both interpretation and enforcement of Ohio law. Customer further acknowledges that SewNeau is located in Cuyahoga County, Ohio, USA and that the Customer is aware of the exact geographic location of Cuyahoga County within the state of Ohio, USA.
Customer further acknowledges that the Agreement is both factually and legally made in Cuyahoga County, Ohio, USA. Customer further understands that any litigation may require that the customer pay for the costs and expense of witnesses, travel, lodging, meals, attorneys fees and other unknown amounts necessary for the Customer to maintain any litigation. Customer accepts the responsibility of bearing all of the above costs and any other necessarily and properly related thereto as part of the costs and economic burden of conducting business.
As a consequence of understanding all of the above, Customer agrees and understands that any litigation commenced to enforce any term, condition, obligation, right or responsibility stated or implied above shall be brought in Cuyahoga County, Ohio, USA.
Version: 2017 10-05 A