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TERMS AND CONDITIONS OF SALE & LIABILITY WAIVER

 

ETHNICRAFT USA, LLC

Effective Date: January 1, 2026

These Terms and Conditions of Sale & Liability Waiver (“Agreement”) govern all purchases made from ETHNICRAFT USA, LLC (“Ethnicraft,” “Company,” “we,” “us,” or “our”) through our website or any affiliated sales channels. By clicking “I Agree,” placing an order, or completing a purchase, you (“Customer,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by this Agreement.

1. Nature of Goods Sold

ETHNICRAFT USA, LLC sells damaged, open-box, returned, refurbished, and/or pre-owned furniture (“Products”).

All Products are sold in AS-IS, WHERE-IS condition, with all faults, visible or latent.

Customer acknowledges:

  • Products may show cosmetic damage, wear, scratches, dents, repairs, discoloration, missing hardware, or other imperfections.
  • Product descriptions, photos, and condition notes represent the Company’s good-faith assessment but may not identify every imperfection.
  • Variations in color, texture, dimensions, or condition may occur.

2. No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PRODUCTS ARE SOLD “AS IS” AND “WITH ALL FAULTS.”

ETHNICRAFT USA, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Implied warranty of merchantability
  • Implied warranty of fitness for a particular purpose
  • Warranty of title or non-infringement
  • Any warranty arising from course of dealing or trade usage

No employee or representative of ETHNICRAFT USA, LLC is authorized to make any warranties beyond those expressly stated in writing.

Customer expressly acknowledges that no manufacturer warranty is provided unless explicitly stated in writing at the time of sale.

3. Customer Inspection & Acceptance

By completing the purchase, Customer:

  • Acknowledges that they have reviewed product descriptions and available photographs.
  • Accepts the Product in its present condition.
  • Waives any claims based on cosmetic condition, wear, or disclosed defects.

If local pickup is selected, Customer has the opportunity to inspect the Product at pickup and accepts the Product upon removal from the premises.

4. Delivery Scheduling; Failed Delivery; Redelivery Fees

When ETHNICRAFT USA, LLC acts as the delivery carrier for a Product, delivery will be scheduled for a mutually agreed-upon date and time window. Customer agrees to:

  • Be present at the delivery location during the agreed delivery window;
  • Ensure clear, safe, and reasonable access to the delivery location;
  • Provide accurate delivery information, including address, access codes, and contact details.

If ETHNICRAFT USA, LLC is unable to complete delivery for any reason caused by Customer, including but not limited to:

  • Customer’s absence during the scheduled delivery window;
  • Inability to access the property;
  • Inaccurate or incomplete delivery information;
  • Unsafe or obstructed delivery conditions;

the delivery shall be deemed a Failed Delivery.

In the event of a Failed Delivery:

  • Customer shall be responsible for all additional costs associated with redelivery;
  • A redelivery fee will be charged prior to rescheduling;
  • Storage fees may apply if the Product must be returned to or held at a warehouse facility;
  • ETHNICRAFT USA, LLC reserves the right to cancel the order if redelivery is not scheduled within a reasonable time.

All redelivery and storage fees must be paid in full before a new delivery date is confirmed.

5. Assumption of Risk

Customer acknowledges that furniture products may present inherent risks, including but not limited to:

  • Structural failure
  • Tipping hazards
  • Pinch points
  • Weight-bearing limitations
  • Injury due to improper assembly or use

Customer assumes full responsibility for:

  • Inspecting the Product prior to use
  • Proper assembly and installation
  • Securing items (including anti-tip devices where applicable)
  • Safe and intended use of the Product

Customer assumes all risks associated with the use, misuse, or modification of the Product.

6. Waiver & Release of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER HEREBY RELEASES, WAIVES, AND DISCHARGES ETHNICRAFT USA, LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO:

  • The condition of the Product
  • Use or misuse of the Product
  • Assembly or installation of the Product
  • Injury, death, or property damage resulting from the Product

This waiver applies to claims based on negligence but does not apply to gross negligence or willful misconduct where prohibited by law.

7. Limitation of Liability

To the maximum extent permitted by law:

  • ETHNICRAFT USA, LLC’s total liability shall not exceed the purchase price paid for the Product.
  • ETHNICRAFT USA, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, personal injury, or property damage.

8. Returns & Refunds

All sales are final unless otherwise stated in writing.

If the Company, in its sole discretion, permits a return:

  • Products must be returned in the same condition as received.
  • Customer is responsible for all return shipping costs.
  • Restocking fees may apply.

Delivery fees are non-refundable.

9. Shipping & Delivery

Risk of loss transfers to Customer upon:

  • Pickup by Customer; or
  • Delivery to the carrier for shipment.

Customer is responsible for inspecting Products upon delivery and reporting shipping damage within 48 hours.

10. Indemnification

Customer agrees to indemnify and hold harmless ETHNICRAFT USA, LLC from any claims, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:

  • Customer’s use or misuse of the Product
  • Failure to properly assemble or secure the Product
  • Resale or transfer of the Product to third parties

11. Governing Law & Venue

This Agreement shall be governed by the laws of the State of North Carolina, without regard to conflict-of-law principles.

Any dispute arising from this Agreement shall be brought exclusively in the state or federal courts located in Guilford County, North Carolina, and Customer consents to personal jurisdiction therein.

12. Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

 

13. Entire Agreement

This Agreement constitutes the entire agreement between Customer and ETHNICRAFT USA, LLC regarding the purchase of Products and supersedes all prior agreements or understandings.

14. Electronic Acceptance

By clicking “I Agree,” checking a box indicating acceptance, or completing a purchase, Customer acknowledges that:

  • They have read this Agreement in full;
  • They understand its contents;
  • They voluntarily agree to be legally bound by its terms.

Electronic acceptance shall have the same legal effect as a handwritten signature.

 

Version 1 - Last updated 01/01/2026