Terms of Service
This website is operated by Binchey's. Throughout the site, the terms “we”, “us” and “our” refer to Binchey's. Binchey's offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
All items, unless listed as "new" are pre-owned and are sold "as-is". It is reasonable that they are not in mint condition.
We do our best to describe each item. Any condition report is based solely on opinion and observation. Any descriptions should not be interpreted as fact or a guarantee of any kind with regard to authenticity, age, condition, and materials. We do our best to be as accurate as possible; all measurements and weights are approximate (estimates or listed as "est"). Any errors or omissions are never intentional, and they may happen as we are human. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. Every item is re-examined against the item description before shipping and should any findings unfortunately show otherwise you will be advised and given the option to accept the purchase or receive a full and prompt refund.
Many of the antique, early to mid century items offered for sale were made before we were even born. We do our very best to research each item offered for sale using online references but, including vintage items, much product information is unavailable, unreliable, unverifiable, or lost to history. It must be understood we are not experts with regard to knowledge of the materials, methods, manufacturing guidelines, governmental regulations, information, or industry practices used at the time of manufacture.
While using this site we encourage you to ask questions regarding a product and we will do our best to respond with further research, photography, or re-examination of the item for you.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by exporters or require shipping to freight forwarders.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- Shipping and billing addresses must be easily verifiable and located within the United States.
- We will not ship to freight-forwarding, mail box, or parcel receiving business addresses.
- The name related to the billing address must match a permanent billing address and the credit payments registered name and address.
- The name related to the shipping must verifiably match a permanent shipping address.
- We do not accept international payments, even if the ship-to address is within the United States.
In order to combat fraud and protect honest credit card holders, we reserve the right to cancel any order that hints as fraudulent or is flagged as suspicious by our card payment processor.
For more detail, please review our Returns Policy.
SECTION 7 - RETURNS/ REFUNDS
Refunds are an important part of doing business and we are committed to making refunds as stress free as possible.
If you are not satisfied with your purchase, simply send it back within 30 days and we’ll refund the original purchase price, minus shipping costs.
Please note that certain seasonal items are listed with a 14 Day refund window, so in those cases the 30 Day refund does not apply.
For a refund the item must be returned in the same condition as when it was originally shipped (as in the photos), and it must be returned within 30 days of receipt. To return your product, you should mail your product to: 5 Commerce Drive, #636, Newtown, CT. 06470.
Unless the refund is due to an error on our part, you will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Please inspect your purchase immediately upon receipt and contact us to let us know of any damages within 2 days of receipt.
Please note: Our prices are calculated to be fair and competitive, yet a large part of our profit from sales goes toward shipping to our customers. If a package is refused, is not opened, and a refund is requested, we will refund your order minus any initial prepaid seller shipping costs and any additional return costs charged to the seller by the carrier, if any.
Any refund will not be possible for an item that has been claimed as damaged but is disposed of prior to contacting us.
All items will have tracking. If an item is lost, through no fault of our own and for reasons beyond our control, we ask for your patience while we investigate what may have happened. Packages tracked as delivered that are stolen unfortunately cannot be eligible for a refund. We try to avoid this with some items by using signature confirmation.
We take pride and great care in preparing items for shipping, bubble wrapping pieces and padding box sides to avert any impact during the ride to your home. If an item is unfortunately damaged through transit we will work to quickly remedy your concerns.
If the purchase is a one piece item, a full refund, of course with our apology, is promised, including any shipping costs, once we are able to see the damage.
Multi piece collections, like dinnerware, have two options. If we have a replacement or an agreed upon substitute it will be shipped to you free of charge. We are also open to issuing a fair refund for the item based on the average online cost.
We reserve the right to refuse a refund for any purchases that include: packages intentionally misdirected by scammers using fraudulent addresses such as carrier ports, packages returned without the item or with an item other than what was sold, packages where the buyer refuses to provide us with a photo of any claimed damages.
SECTION 8- SHIPPING
Standard shipping is included in your purchase price and is offered only within the 48 Continental United States.
We will not ship to any business address, post office, or any mail receiving business location, such as a freight forwarder.
Sorry, but we do not do International shipping.
We will do our very best to ship your purchase, unless noted, upon receipt of payment. Carrier choice depends on shipping distance and cost.
Some items, such as dinnerware, may take an extra day just to prepare each piece for safe travel to your home.
We have a zero tolerance for any re-routing of packages. If we come across a tracking number which carries a request for re-routing we may take steps to contact the carrier and request a hold.
In an effort to keep things honest, any package which is found to have been re-routed by the buyer and claimed as lost will not be issued a refund.
As part of our service to you, most of our items will be insured at our expense. Also at our expense, signature confirmation may be required for many items. We will also diligently track each shipment from the moment it leaves us to the time it arrives.
The internet is an ever evolving maze of twists and tricky turns. We are committed to operating with integrity and will question or cancel any orders deemed as fraudulent or intentionally deceptive in nature.
Any orders placed from credit cards with billing addresses located outside of the United States, any unconfirmed US addresses, or orders requesting shipping to an export carrier business or a private address operating as an exporter or re-shipper will be immediately rejected and refunded to the original source of payment.
We will not ship to an address that is different from the one listed on the order page, nor will we honor any email requesting us to do so.
We are not responsible, nor will any refunds be issued, for any lost packages sent to persons named on the actual order address, but who do not or no longer reside at the address. Any packages shown to have accepted by area residents, yet are reported as never received, will not be refunded until investigated.
We reserve the right to hold until confirmed, any order with an address which shows no property at the address or an order with a recipient who appears to be fictitious or with a digitally fabricated online presence.
Our customers are important to us and we will work to make your experience as stress-free as possible. Please feel free to email with any questions you may have.
We reserve the right to modify or update our shipping policy as needed to provide a safe and fair shopping experience.
SECTION 9 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Binchey's, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Binchey's and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 5 Commerce Drive, Newtown, CT. 06470.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com