Terms & Conditions
CUSTOMER SERVICE AGREEMENT & TERMS AND CONDITIONS
These Terms, together with the approved estimate, invoice, written scope of work, and approved written changes (collectively, the “Agreement”), constitute the agreement between Nook & Cranny Company and the Customer. By acknowledging this Agreement, paying a deposit, approving an estimate or invoice incorporating these Terms, or authorizing work to begin, Customer acknowledges having read, understood, and agreed to these Terms.
SCOPE OF WORK & APPROVAL
Nook & Cranny Company will perform only the restoration, refinishing, repair, painting, staining, or related services stated in the approved written scope. Customer is responsible for approving the scope, price, color, finish, sheen, and other applicable selections before work begins. Photographs, inspiration images, samples, previous projects, verbal discussions, and other references communicate a general desired appearance only unless expressly incorporated into the written scope. Customer acknowledges that restoration is performed by hand on existing furniture and is not the manufacture of a new item. Approval of a color, stain, finish, sample, or design direction establishes the agreed direction but does not guarantee an identical visual result.
DEPOSITS & PAYMENT
A 50% deposit is required to reserve the project in our schedule unless otherwise agreed in writing. The deposit reserves production time and may be applied toward scheduling, preparation, materials, supplies, administrative costs, and expenses incurred in reliance upon the booking. Once Nook & Cranny Company has reserved production time, incurred nonrecoverable costs, purchased project-specific materials, or begun preparation or work, the deposit is non-refundable to the extent reasonably attributable to those amounts. If a project is accepted without an advance deposit, 50% of the quoted price is due when the furniture is dropped off or picked up, or in cases of on-site projects, at the end of the work day. The remaining balance is due upon completion and must be paid in full before the furniture leaves Nook and Cranny Company’s possession, unless otherwise agreed in writing. Transportation charges are separate unless expressly included in the quote.
CANCELLATION
If Customer cancels before work begins, Customer remains responsible for nonrecoverable project-specific materials, supplies, and other reasonable costs already incurred in reliance upon the booking. Once work begins, Customer is responsible for authorized work performed, materials and supplies purchased or used, and other properly incurred charges through cancellation. Any refund legally due will be calculated after deducting amounts properly owed under this Agreement.
RIGHT TO REFUSE, SUSPEND OR DISCONTINUE SERVICE
To the extent permitted by law, Nook & Cranny Company reserves the right to refuse, suspend, or discontinue services for legitimate business reasons, including unsafe conditions; abusive, threatening, harassing, or unreasonable conduct; repeated failure to communicate or provide required approvals; nonpayment; material changes to the requested work; undisclosed conditions affecting the project; loss of confidence that the requested result can reasonably or safely be achieved; or other circumstances making continued performance impracticable or inappropriate. If Nook & Cranny Company suspends or discontinues a project, Customer remains responsible for authorized work already performed, project-specific materials and supplies purchased or used, transportation charges incurred, and other amounts properly owed under this Agreement. Any remaining amount legally due to Customer will be refunded. Furniture will be returned or made available for pickup in its then-current condition after payment of amounts lawfully due. Nook & Cranny Company will not refuse or discontinue service for any reason prohibited by applicable law.
RESTORATION RISKS & HIDDEN CONDITIONS
Customer acknowledges that restoration involves used, aged, damaged, altered, and sometimes previously repaired or refinished furniture. Conditions may exist that cannot reasonably be discovered until stripping, sanding, cleaning, disassembly, repair, or refinishing begins. These conditions may include veneer failure, cracks, weak wood or joints, previous repairs, fillers, water or smoke damage, contamination, insect damage, silicone, wax, oils, unknown coatings or adhesives, uneven absorption, fading, oxidation, structural weakness, missing or altered components, and concealed damage. Nook and Cranny Company will exercise reasonable care but is not responsible for damage, deterioration, cracking, separation, veneer or joint failure, discoloration, finish reaction, uneven absorption, or other variation to the extent caused by a pre-existing condition, hidden defect, previous repair or finish, age, deterioration, unknown material, inherent characteristic of the furniture, or condition not reasonably discoverable before work began. The discovery or manifestation of such a condition during restoration does not, by itself, constitute defective workmanship.
APPEARANCE & EXACT MATCHES
Furniture restoration is inherently variable. Wood species, grain, age, porosity, veneer, previous finishes, repairs, oxidation, fading, construction, lighting, surrounding colors, and other characteristics can affect the finished appearance. Nook and Cranny Company does not guarantee an exact match to photographs, digital colors, samples, another piece of furniture, existing aged wood or paint, previous projects, or Customer’s subjective expectation of color, tone, grain, sheen, texture, or character. Reasonable variations resulting from the furniture, its materials, condition, age, or the restoration process are not defective workmanship.
SUBJECTIVE DISSATISFACTION & CHANGES OF MIND
CUSTOMER’S PERSONAL PREFERENCE OR SUBJECTIVE DISSATISFACTION WITH COLOR, TONE, GRAIN, SHEEN, TEXTURE, CHARACTER, OR OVERALL APPEARANCE DOES NOT, BY ITSELF, CONSTITUTE DEFECTIVE WORKMANSHIP OR NONPERFORMANCE.
When Nook & Cranny Company materially performs the approved scope using reasonable workmanship, Customer is not entitled to a refund, price reduction, complimentary additional work, or other compensation merely because Customer changes their mind, prefers another color or finish, expected a different natural wood appearance, dislikes naturally occurring variation, or otherwise prefers a different aesthetic. If Customer requests a change to a previously approved color, finish, sheen, design direction, or scope after work has begun, the change constitutes additional work and may result in additional charges and completion time. Nook and Cranny Company is not responsible for the cost of changing a selection previously approved by Customer. Nothing in this Section eliminates any remedy that cannot lawfully be waived or any remedy for a material failure by Nook & Cranny Company to perform the agreed scope using reasonable workmanship.
WORKMANSHIP CONCERNS & OPPORTUNITY TO CORRECT
If Customer believes completed work materially fails to conform to the approved scope because of Nook & Cranny Company’s workmanship, Customer must notify Nook & Cranny Company in writing as soon as reasonably practicable after discovering the issue. Customer agrees to provide Nook & Cranny Company a reasonable opportunity to inspect the furniture and, when reasonably appropriate and reasonably capable of correction, correct or offer to correct a verified workmanship issue before another person alters, repairs, refinishes, cleans, chemically treats, or otherwise modifies the work. Visible aesthetic concerns reasonably observable at pickup or delivery should be raised before the furniture leaves Nook and Cranny Company’s possession whenever practicable. If Customer permits another person to alter, repair, refinish, clean, chemically treat, disassemble, or otherwise modify the furniture before Nook and Cranny Company has been provided a reasonable opportunity to inspect the claimed issue, such alteration may impair Nook and Cranny Company’s ability to determine the existence, nature, or cause of the alleged issue. An offer or performance by Nook & Cranny Company of an inspection, adjustment, repair, touch-up, refinishing, corrective work, accommodation, credit, or other attempt to resolve a Customer concern shall not, by itself, constitute an admission that the original work was defective, negligent, nonconforming, or in breach of this Agreement. Nothing in this Section requires Nook & Cranny Company to perform work outside the approved scope without additional compensation, to correct conditions caused by pre-existing defects or inherent characteristics of the furniture, or to provide a refund or other compensation solely because of Customer’s subjective dissatisfaction or change in personal preference. Nothing in this Section waives any right or remedy that applicable law does not permit the parties to waive.
UNFORESEEN CONDITIONS & ADDITIONAL WORK
Quotes are based upon conditions reasonably observable from photographs, Customer descriptions, and/or initial inspection. If substantial additional damage or an unforeseen condition is discovered after work begins, Nook & Cranny Company may pause affected work and provide a revised or additional quote. Chargeable work outside the approved scope will not proceed without Customer authorization. If Customer declines additional work reasonably necessary to address a newly discovered condition, Nook and Cranny Company may complete the original scope to the extent reasonably practicable or stop work and return the furniture in its then-current condition. Customer remains responsible for authorized work and applicable charges already incurred. Changes to scope, price, color, finish, or other specifications may be approved in writing, including by text message, email, or electronic invoice approval.
CUSTOMER INFORMATION
Customer is responsible for disclosing known previous repairs, damage, refinishing, coatings, contamination, structural problems, or other material conditions. Nook & Cranny Company may reasonably rely upon information provided by Customer when estimating and performing the work.
PAINT COLORS
Unless otherwise agreed in writing, paint colors must be selected from a reputable paint supplier and provided by color name and/or number before work begins. Existing paint may fade, discolor, weather, or age. Exact matching to an existing aged painted surface therefore cannot be guaranteed.
GLASS, MIRRORS & HARDWARE
Unless expressly included in the written scope, Nook and Cranny Company does not restore, repair, replace, cut, or modify glass or mirrors. Aged glass, mirrors, and hardware may be brittle, corroded, weakened, damaged, improperly installed, or previously repaired. Nook and Cranny Company is not responsible for failure or damage to the extent resulting from pre-existing defects, hidden weakness, deterioration, previous installation or repair, age, or inherent fragility outside our reasonable control. Replacement hardware, fabrication, plating, specialty repair, missing hardware, glass, or mirror work is not included unless expressly stated in the approved scope.
PICKUP & DELIVERY
Customer must disclose stairs, narrow entrances, elevators, long carries, difficult driveways, restricted access, unusually heavy or oversized furniture, or other conditions materially affecting transportation. Additional charges may apply when actual conditions materially differ from information provided by Customer. Customer is responsible for providing reasonably safe and adequate access and removing fragile objects and obstacles from the moving path. Nook and Cranny Company is not responsible for damage to the extent caused by undisclosed unsafe conditions, inadequate clearance, Customer-directed movement through an unsuitable area, or pre-existing damage to the premises.
COMPLETION & RETURN OF FURNITURE
Customer will be notified when the project is complete and agrees to arrange pickup or delivery within a reasonable period unless otherwise agreed in writing. The remaining project balance and any other authorized charges are due upon completion and must be paid before the furniture leaves Nook and Cranny Company’s possession, except where otherwise required by applicable law or agreed in writing.
PHOTOGRAPHY & CONTENT
Nook and Cranny Company may photograph or record furniture before, during, and after restoration for documentation and quality-control purposes. Unless Customer opts out in writing before work begins, Customer also authorizes Nook and Cranny Company to use photographs or recordings of the furniture and restoration process for portfolios, websites, social media, advertising, educational content, and promotional purposes. Nook and Cranny Company will not intentionally publish Customer’s home address, telephone number, payment information, or other private identifying information without permission.
LIMITATION OF DAMAGES
TO THE FULLEST EXTENT PERMITTED BY SOUTH CAROLINA LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING SOLELY FROM A BREACH OF THIS AGREEMENT.
Nothing in this Agreement excludes or limits any liability, right, remedy, warranty, or duty that applicable law does not permit the parties to exclude or limit.
CHARGEBACKS & PAYMENT DISPUTES
Customer agrees, when reasonably practicable, to contact Nook & Cranny Company regarding a good-faith workmanship or billing concern and provide a reasonable opportunity to address the concern before initiating a chargeback, canceled check, or payment dispute. A chargeback or canceled check does not eliminate amounts otherwise lawfully owed under this Agreement. Nook and Cranny Company may provide its bank or payment processor with this Agreement, estimates, invoices, photographs, communications, approvals, proof of authorization, proof of completion, and other relevant documentation when responding to a payment dispute. Nothing herein prevents Customer from exercising rights provided by applicable law or the Customer’s card or funds issuer.
DISPUTE RESOLUTION, OPPORTUNITY TO CURE, SOUTH CAROLINA LAW & VENUE
Before filing a civil action arising from an alleged defect in workmanship, failure to perform the approved scope, or other dispute concerning services performed under this Agreement, Customer agrees, to the extent permitted by applicable law, to provide Nook and Cranny Company written notice reasonably describing the dispute and a reasonable opportunity to inspect the furniture and address or propose a resolution of the claimed issue. When a claimed workmanship issue is reasonably capable of correction, Customer agrees to provide Nook and Cranny Company a reasonable opportunity to perform or offer an appropriate correction before seeking monetary compensation for the cost of having another person perform corrective work. An offer by Nook and Cranny Company to inspect, adjust, repair, touch up, refinish, or otherwise attempt to resolve a Customer concern is a good-faith effort to resolve the matter and shall not, by itself, constitute an admission of defective workmanship, breach of contract, negligence, or other liability. If a dispute cannot reasonably be resolved between the parties, either party may propose voluntary mediation before litigation. Unless otherwise agreed in writing, each party shall bear its own attorney fees and other individual expenses associated with mediation, and the parties shall share the mediator’s fee equally. Customer acknowledges that dissatisfaction based solely upon personal preference, a change of mind, or reasonable variations inherent in restoration does not constitute a breach of this Agreement when Nook and Cranny Company has materially performed the approved scope using reasonable workmanship, as further provided in Sections 5, 6, and 7. This Agreement is governed by the laws of the State of South Carolina, except where federal law controls. Any legal proceeding arising from this Agreement shall be brought in a court having proper subject-matter and personal jurisdiction and in a venue permitted by applicable South Carolina law. Nothing in this Section prevents either party from pursuing emergency or provisional relief when legally appropriate, filing a claim when necessary to preserve an applicable limitations period, or exercising any right or remedy that applicable law does not permit the parties to waive or restrict.
ENTIRE AGREEMENT & GENERAL TERMS
This Agreement, together with the approved estimate, invoice, written scope of work, and approved written changes, constitutes the parties’ entire agreement concerning the project. Customer acknowledges that Customer is not relying upon any promise or guarantee concerning the project that is not contained in or incorporated into this Agreement. If any provision is found invalid or unenforceable, it shall be limited or severed to the minimum extent necessary, and the remaining provisions will remain in effect. Failure to enforce a provision on one occasion does not waive the right to enforce it later. Nothing in this Agreement waives, limits, or disclaims any right, remedy, warranty, duty, or liability that applicable South Carolina or federal law prohibits the parties from waiving, limiting, or disclaiming.
CUSTOMER ACKNOWLEDGMENT
Customer’s access to our website constitutes acceptance and acknowledgement of Nook and Cranny Company’s Terms of Service. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Terms of Service constitutes that Customer has read, understands, and complies with this agreement and the approved project scope.
Customer specifically acknowledges that restoration of used and aged furniture involves inherent risks and hidden conditions; exact color, grain, tone, texture, sheen, and appearance cannot always be guaranteed; and subjective dissatisfaction or a change in personal preference alone does not constitute defective workmanship or entitle Customer to a refund when Nook and Cranny Company has materially performed the approved scope using reasonable workmanship. Customer further acknowledges that Customer has been provided an opportunity to review the approved scope, color, finish, sheen, price, and other applicable selections before work begins.
Customer can review the most current version of the Terms of Service at any time at this page. Nook and Cranny Company reserves 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 Customer’s responsibility to check our website periodically for changes. Customer’s continued use of or access to our website or Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Nook and Cranny Company
(864) 279-5612