TERMS OF PURCHASE

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Customer”) agree to be provided with products by BRIKS & MORTAR LLC DBA SIXPENNY.COM (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase

GENERAL TERMS.

  1. Upon execution of this Agreement, electronically, or otherwise, the Company agrees to provide product(s) purchased (collectively known as the “Product”) as outlined on Company’s Website at sixpenny.com (“Website”), Checkout Page, or other point of purchase.
  2. The scope of the Product rendered by the Company pursuant to this Agreement shall be solely limited to that contained therein and/or provided for on Company’s Website as part of the Product.
  3. Customer agrees to measure space prior to completing purchase to ensure items will fit into Customer’s home. Unsuccessful deliveries and fit-related returns are subject to return shipping, storage, and processing fees.
  4. Changes to Order. Customer should notify the Company immediately to accommodate any changes prior to shipment of user’s order. After the Product leaves the warehouse, additional changes may result in a fee.

DELIVERY The Company offers several delivery options to Customers in the lower forty-eight (48) United States as outlined below.

  1. Standard delivery
    1. Shipping is free for smaller furniture items and accessories. Standard home delivery items ship via FedEx or UPS, and delivery service does not require an appointment.
    2. Expedited (2-day) service is also available for an additional $25 USD at checkout.
  2. Scheduled delivery
    1. Curbside (Threshold) Shipping is free for all larger furniture items.
    2. For an additional $100 USD at checkout, Customer may select the White Glove delivery service. With White Glove, the delivery team will carefully unpack the furniture in the room of Customer’s choice. The delivery service will clear and remove all of the packaging materials.
    3. The Company’s delivery partners will reach out to schedule a window that works for the Customer. All scheduled deliveries require a signature.
  3. Delivery exceptions
    1. The Company cannot deliver items on Saturday or Sunday.
    2. The Company cannot ship to PO Boxes or Military APOs.
    3. Customer should contact the Company with any questions regarding deliveries to the non-contiguous United States.
  4. Upon Delivery. Customer agrees to check order and make sure there are no signs of damage, or missing/incorrect pieces. Customer agrees to note any issues and contact the Company immediately, damage to the Product must be reported within seven (7) days of delivery.

PAYMENT AND REFUND POLICY.

Upon execution of this Agreement, Customer agrees to pay to the Company the purchase amount as stated on the Website.

  1. 30-Day Guarantee.
    1. If Customer is not fully satisfied with the purchase of the Sixpenny Product, the Company provides free return or exchange of the Product.
    2. Customer must notify the Company within thirty (30) days and the Company will work with the Customer to receive a full refund, exchange, or credit, less a ten-percent (10%) restocking charge.
    3. All Product returns within the thirty (30) day period must be in original condition, in the Product’s original box, and with all original packing material.
    4. Non-compliance with the above Terms, or any wear and tear of the Product, may result in an adjustment of refund value.
  2. Returns for Damaged Delivery
    1. In the event the Product is damaged upon delivery, Customer should notify the Company immediately and the Company will work with Customer to receive a full refund, exchange, or credit. The damaged Product must be reported within seven (7) days of delivery to [email protected].
    2. By purchasing or otherwise utilizing the Product, the Customer acknowledges that the Company is not liable for any losses the Customer may suffer by utilization of the Product.
    3. Due to the nature of the Product, the Company cannot guarantee that the finish or appearance of the Product will be exactly as pictured on the Website. Imperfections or variations may occur naturally. These characteristics are not to be viewed as damages or defects. Also Customer should note that images of the Product displayed on the Website may differ in color due to resolution and settings of particular computers.
    4. By purchasing the Product, you are utilizing such Product at your own risk. You agree that under no circumstances will the Company be held liable for any use or misuse of the Product that may occur. The Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any Product purchased on this Website.

PRICE ADJUSTMENT POLICY. We offer a one-time price adjustment if an item is marked down within 14 days of your order date. Items originally purchased using a promotion code or other discount aren’t eligible for a price adjustment. NOTE: “Final sale” items are not eligible for a price adjustment. To inquire about your price adjustment, please contact [email protected] and provide your order # and date of purchase.

INTELLECTUAL PROPERTY RIGHTS. In respect of the Product sold, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Product whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement.

DISCLAIMER OF WARRANTIES. The Product provided to the Customer by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

 RELEASE OF CLAIMS. In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site, its Content, or the Product.  You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.

LIMITATION OF LIABILITY. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE PRODUCT. ADDITIONALLY, BRIKS & MORTAR LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE BRIKS & MORTAR LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BRIK & MORTAR LLC CUMULATIVE LIABILITY TO YOU EXCEED $100.

DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association (AAA). The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place at the nearest AAA facility in St. Louis, Missouri or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, regardless of the conflict of laws principles thereof.

ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.