Shawn Penoyer, LLC
Terms And Conditions
Thank you for [your request of this estimate] [scheduling services] [your business] [visiting our site] [visiting your customer portal]. By your [acceptance of this estimate] [scheduling of service] [payment of this invoice] [visiting our site] [visiting your customer portal], you are accepting our terms and conditions, which are as follows:
The terms “we,” “us,” and “our” means Shawn Penoyer, LLC, a Georgia limited liability company. The term the “Site” means shawnpenoyerinteriors.com. The term “Portal” means the customer portal (accessed through https://invoice.zoho.com/portal/shawnpenoyerllc1) we provide you for accessing, reviewing, accepting, and paying estimates, customer service agreements, and invoices. The terms “user,” “you,” and “your” refer to Site visitors, Portal users, customers, potential customers, and any other users of the Site or Portal. The Site contains information about us, including how to contact us, a general description of the services we provide, a blog, frequently asked questions, and an on-line store. The Portal contains customer estimates, customer service agreements, invoices, statements, and a record of payments made.
Your use of the Site, access or other use of the Portal, acceptance of an estimate and/or customer service agreement, scheduling services, purchasing services, purchasing products, and payment of an invoice are all subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, Portal users, customers, and potential customers. By using the Site, accessing or otherwise using the Portal, accepting an estimate or customer service agreement, scheduling service, purchasing services, purchasing a product, or paying an invoice, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND PORTAL/PURCHASE OF PRODUCTS OR SERVICES
To access or use the Site or Portal, accept an estimate, or purchase a product or service, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or Portal. Information provided on the Site or in the Portal, including but not limited to the prices for products or services, are subject to change. Shawn Penoyer, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Shawn Penoyer, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to obtain an estimate or customer service agreement, schedule a service, pay an invoice, or use the Portal, you may be required to provide information about yourself including your name; address; email address; username and password; credit card number, expiration date, and security code; and other personal information. You agree that any information you give to Shawn Penoyer, LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site or Portal, or purchase of products or services, violate any laws in your jurisdiction.
You may use the Site and Portal for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site or Portal. You agree to use the Site and Portal and to purchase products or services through the Site or Portal for legitimate, non-commercial purposes only.
REFUSAL OF SERVICE
Our provision and sale of products and services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service, not accept an order for products or services in whole or part, or cancel an order for products or services in whole or part without assigning a reason for doing so. No order for services is deemed accepted by us until you have signed an estimate describing the services we agree to provide and the price you agree to pay. No order for products is deemed accepted by us until your payment has been processed.
We will email or text you to confirm the placement of your order for services or your purchase of products and will include details concerning product delivery or the scheduling of services. In the event that there is an error in this email or text confirmation, it is your responsibility to inform us as soon as possible. All orders are final if we do not receive notice of your cancellation within twenty-four (24) hours of our sending of the confirming text or email. Cancellation notices must be sent to [email protected]
ALL SALES FINAL
All sales of purchased products and services are final within twenty-four (24) hours of our sending your confirmation text or email. We do not offer refunds, except in limited circumstances involving damage incurred in transit as described below. There are no guarantees that future orders of the same product will match past orders.
LIGHT FIXTURE INSTALLATION & CLEANING
If the services you purchase from us include the installation and/or cleaning of a chandelier or other light fixture, you understand and agree that we are not electricians and are not responsible for the suitability, condition, or soundness of the existing outlet, outlet boxes, electrical service, wiring, support boxes or brackets, or other existing components of the space in which we are installing or cleaning the fixture. We do not supply or install bulbs, lamp wire, ceiling medallions, dimmers, trim plates, support brackets, outlets, outlet boxes, controllers, or chain for your fixture unless those items are listed and specifically included on your estimate or customer service agreement. If any necessary parts or components are included with a fixture you have purchased for us to install or clean, it is your responsibility to confirm all parts are supplied with your purchased fixture.
If we arrive to clean or install a fixture and the necessary parts are not present or we cannot safely clean or install the fixture through no fault of our own, we may elect to cancel the provision of the service with no obligation to reschedule at a later date and without any additional duty or obligation to perform the installation and/or cleaning services. We may elect to refund or not invoice you for some portion of the agreed-upon price but are under no obligation to do so. If we cannot install or clean the fixture through our failure to have the items previously listed on your estimate or customer service agreement, we will reschedule the provision of services at a later date.
If you have purchased the on-site drip method of cleaning, it does not include the removal of crystals from the fixture, hand-polishing or repair, as cleaning is done using a spray drip method of all exterior glass and attachments without disassembly. You understand and agree that fixtures that have never been cleaned or are heavily soiled may require multiple cleanings, each of which must be separately invoiced and scheduled at later dates.
LIGHT FIXTURE PICKUP & TRANSPORTATION
If the services you purchase involve the pickup and transport of a chandelier or other fixture, the fixture must be wrapped and ready for transport from a local merchant or storage facility and delivered to a location within a five (5) mile radius of the local merchant or storage facility. Our pickup and transportation pricing does not include installation or cleaning of the fixture, which must be purchased separately if desired. We do not inspect, warranty, or repair the fixture, and deliver it in an as-is condition without warranty.
INTERIOR DESIGN DECORATING & STAGING SERVICES
If the services you purchase involve interior design and/or decorating and/or staging services, the services will be described in a customer service agreement you enter into with us. The customer service agreement will specify the nature and extent of the project, the cost, and terms of payment. Except as specifically amended by the customer service agreement, these terms and conditions apply.
Payment in full is required before the provision of any service and at the time a product is purchased. Payment may be made by check, cash, credit card, CashApp, Zelle, or Venmo, with any and all processing fees to be paid by the customer. Unpaid invoices are subject to a late fee of 15% of the invoice value compounded monthly plus all court costs and attorney fees at the rate of $375.00 per hour to effect collection when required.
All purchased products are subject to a handling and processing period by the manufacturer or dealer before shipment, which is typically between 5 to 10 business days. Once your purchased product is shipped, delays beyond our control, such as for customs clearance, weather, or pandemic-related issues, are not uncommon. We will provide you notice of when your purchased product is shipped. Please allow at least 4 to 8 weeks for delivery of most items. It is also your duty to confirm we have the correct shipping address when you place your order, and you are responsible for the payment of additional shipping fees for items shipped to incorrect or incomplete addresses. In some circumstances, international shipments will require import and/or customs fees or taxes and those are your responsibility as well.
If your purchased product is damaged upon receipt, we may accept a return of the damaged product if the product remains unused in its original packaging with all warranty cards, manuals and accessories, and you provide us with photographic evidence, to our sole satisfaction, of damage occurring in transit. If we accept a return of the product damaged in transit, you will be responsible for paying the shipping costs to return the item and if a discounted or free shipping had been applied to the original order, you will be charged the normal outbound shipping cost.
For furniture or large item delivery, it is your responsibility to check the shipping boxes thoroughly as soon as the shipment arrives. If the boxes show evidence of rough handling or should they be punctured, crushed, dented, creased, torn, or wet, you must note this condition on all copies of the freight bill when you sign for the shipment. Should you suspect that the contents are damaged or if there are any visual shipping damages, it is important to document the damages in detail on the delivery receipt and have the delivery party co-sign the delivery receipt. If you feel that the damage is minor, keep the original package and containers, note the damage in full detail on the delivery receipt. Even if the package appears only slightly damaged, write “package damaged” when you sign for delivery and contact our customer service department. If the boxes are badly damaged or if for any reason you feel any of the boxes are damaged more than slightly, it is your responsibility to refuse delivery on those items specifically and write down on the delivery receipt “refuse delivery due to box/carton damage” and contact our customer service department. You are responsible for properly describing any and all damages on the delivery receipt. In the event you fail to do so, you will be responsible for additional item re-shipment charges as well as 35% product replacement fees. By signing the delivery receipt and not noting any damage, any damage reported later is your responsibility and not that of Shawn Penoyer, LLC. Any and all damage claims must be reported to us within 24 hours of delivery. We are not responsible for any damage not reported to us within 24 hours of delivery.
If the shipment delivered to you is not in accordance with the number of cartons shown on the freight bill, it is your responsibility to have the delivering driver note the shortage on the freight bill when delivery takes place. Advise us of any shortage and we will trace the shipment with the delivery carrier. If the shortage cannot be located within a reasonable time, the missing items will be replaced.
Some of the products we sell are sold with a manufacturer’s warranty. It is your responsibility to obtain that information from the manufacturer as you see fit, and to contact the manufacturer if you have questions or concerns. We make no warranties with respect to any service or product we sell, express or implied, including any warranties concerning the specific function of any service or product, or their reliability, availability, or ability to meet your specific needs. To the extent permitted by law, we expressly disclaim all implied warranties, including but not limited to implied warranties of satisfactory quality, non-infringement, merchantability and fitness for a particular purpose.
The Site, Portal, and written or printed materials we provide you contain intellectual property owned by Shawn Penoyer, LLC, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our intellectual property, in whole or in part, without our prior written consent.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site or Portal or providing you with the new terms on an estimate or invoice. Any use of the Site or Portal, acceptance of an estimate or payment of an invoice by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site, Portal, estimates or invoices, including these Terms and Conditions, at any time.
Our employees, independent contractors, or agents may be present in your home, in your office or other commercial space, or on your property for the purpose of delivering products or performing services. You will keep your property in a safe condition at all times and provide us with advance notice of any and all potential hazards. We will act in compliance with CDC guidelines for the prevention of COVID-19 and other infections or communicable diseases while in your home, office or other commercial space, or on your property, but not all such risks are preventable. You assume all risks inherent in our presence in your home, in your office or other commercial space, or on your property, and waive and release all claims and liabilities, now known or hereinafter known against Shawn Penoyer, LLC, its officers, board of directors, members, partners, employees, agents, contractors, and all of their successors and assigns, on account of injury, disease, infection, death, and property theft or damage, arising out of or attributable to our presence at your home or on your property.
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 SITE OR PORTAL, ACCEPTANCE OF AN ESTIMATE, PAYMENT OF AN INVOICE, OR PURCHASE OF PRODUCTS OR SERVICES, OR ARISING OUT OF SHAWN PENOYER, LLC’S PERFORMANCE OF SERVICES OR PROVISION OF PRODUCTS. ADDITIONALLY, SHAWN PENOYER, 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 SHAWN PENOYER, 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 SHAWN PENOYER, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT OR SERVICE YOU HAVE PURCHASED FROM SHAWN PENOYER, LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU SHAWN PENOYER, LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
The Site and Portal may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Shawn Penoyer, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, any use by you of the Site or Portal, or your purchase of products or services from Shawn Penoyer, LLC. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
We may utilize audio/video recording devices in our vehicles and/or on our person(s) while performing services in your home, at your office, or on your property. Our use of these devices is for the purpose of quality control and assurance, and training. It is our intention to record our work for our customers. We will not intentionally record private conversations to which we are not a party, the activities of any person in a private place out of public view, or a person under the age of 18 without the parent’s consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Shawn Penoyer, LLC pertaining to the Site, the Portal, and the purchase of products or services, and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Shawn Penoyer, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Shawn Penoyer, LLC.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Shawn Penoyer, LLC
1261 LaVista Road, NE, Unit H4
Atlanta, Georgia 30324
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Georgia. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be DeKalb County, Georgia. Except with regard to late payment on invoices as described above, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The Justice Center of Atlanta or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.