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Terms & Conditions

Conditions of Use

Last updated: June 1st, 2017

Welcome to ECHTcollection.com. Echt LLC, PA, USA and/or its affiliates (“Echt, ECHT”) provide products and services to you when you visit our location with shop in Pittsburgh, PA, or browse our shop at ECHTcollection.com, or order and use ECHT products or services (collectively, “ECHT Services”). These services may include custom made crafting, or offering and delivering purchased goods. ECHT provides the ECHT Services subject to the following conditions:

By using Echt Services, you agree to these conditions. Please read them carefully.

We offer a wide range of ECHT Services, and sometimes additional terms may apply. When you use an ECHT Custom Service (for example kitchen design, interior design, garment custom-sowing, furniture custom-fabrication) you also will be subject to the guidelines, terms and agreements for custom-made work applicable to that ECHT Service (“Custom Service Terms”, below). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

ELECTRONIC COMMUNICATIONS

When you use any Echt Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other ECHT Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any ECHT Service, such as text, graphics, logos, button icons, images, audio clips, videos, digital downloads and data compilations is the property of Echt or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any ECHT Service is the exclusive property of ECHT and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any ECHT Service are trademarks or trade dress of ECHT in the U.S. and other countries. ECHT´s trademarks and trade dress may not be used in connection with any product or service that is not ECHT’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ECHT. All other trademarks not owned by ECHT that appear in any ECHT Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ECHT.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Echt or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Echt Services. This license does not include any resale or commercial use of any Echt Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Echt Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Echt or its licensors, suppliers, publishers, rightsholders, or other content providers. No Echt Service, nor any part of any Echt Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Echt. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Echt without express written consent. You may not use any meta tags or any other “hidden text” utilizing Echt´s name or trademarks without the express written consent of Echt. You may not misuse the Echt Services. You may use the Echt Services only as permitted by law. The licenses granted by Echt terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

If you use any Echt Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/ or communication device or browser software, and you agree to accept responsibility for all activities that occur under your account or password. Echt does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Echt Services only with involvement of a parent or guardian. Echt reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Echt reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Echt a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Echt and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Echt for all claims resulting from content you supply. Echt has the right but not the obligation to monitor and edit or remove any activity or content. Echt takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Echt respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately through the “contact us” function of our page echtcollection.com for clarification or making claims of copyright infringement. We respond quickly to the concerns of rights owners about any alleged infringement.

RISK OF LOSS

All items purchased from Echt are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Echt does not take title to returned items until the item arrives at our fulfillment location. At our discretion, a refund may be issued without requiring a return. In this situation, Echt does not take title to the refunded item. For more information about our returns and refunds, please see our respective information under “Shipping and Returns” on echtcollection.com

PRODUCT DESCRIPTIONS

Echt attempts to be as accurate as possible. However, Echt does not warrant that product descriptions or other content of any Echt Service is accurate, complete, reliable, current, or error-free. If a product offered by Echt itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by us or an associated a manufacturer, supplier, or seller. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Echt.

With respect to items sold by Echt, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mis-priced. If the correct price of an item sold by Echt is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other associates may follow different policies in the event of a mis-priced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

ECHT CUSTOM SERVICE TERMS

In addition to these Conditions of Use, the following terms apply to any custom-made product that we make available to you from time to time for your use in connection with Echt Services:

a) ECHT offers customized development, prototypes and products to our clients. The work will begin when a final quote has been approved and deposit is received.

b) For custom work we need a lead time of typically 4-6 weeks from date of down payment. We try our best to deliver in time and we will discuss any potential delay in advance.

c) For payments we provide the following terms: i) We require an initial deposit of 50% on orders, with the remainder to be paid prior to delivery. ii) Our work is made to order and orders may not be canceled after a 72 hours from time of accepting the quote. iii) Orders are not subject to changes or cancellation after 72 hours from time of accepting the quote. iv) Deposits or down-payments are not refundable after this 72 hours period. v) Payments are due within 30 business days from the date of the invoice. Invoices that have not been paid within 45 business days of the invoice are subject to a 1.5% service charge per month.

c) For delivery and installation, delivery dates are understood to have a +/- 3 business day delivery window. Delivery cannot be scheduled until payment terms have been fulfilled. Delivery fees for transported devices are to be determined and paid by client and must be arranged and paid with information to us 10 business days in advance. The client is responsible for enabling regular delivery of larger devices at his facility. We are not responsible for shipments that may not be deliverable by the carrier. We are not responsible for shipments lost or damaged by the carrier. Installation is not included in the quotes and will be billed separately. Shipping and handling costs are not otherwise included, and if incurred by us will be charged in addition to the quoted price.

OTHER BUSINESSES

Parties other than Echt operate stores, provide services, or sell product lines through the Echt Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Echt does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE ECHT SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING CUSTOM MADE SERVICE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ECHT SERVICES ARE PROVIDED BY ECHT ON AN “AS IS” AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ECHT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ECHT SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING CUSTOM MADE SERVICE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ECXHT SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ECHT SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ECHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ECHT DOES NOT WARRANT THAT THE ECHT SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING CUSTOM MADE SERVICE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ECHT SERVICES, ECHT’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ECHT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ECHT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ECHT SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING CUSTOM SREVICES) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ECHT SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


DISPUTES


Any dispute or claim relating in any way to your use of any ECHT Service, or to any products or services sold or distributed by ECHT or through ECHTcollection.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us or to an American Arbitration Association (AAA) registered arbitration service. The arbitration shall be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW


By using any ECHT Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ECHT Llc.

SITE POLICIES, MODIFICATION, AND SEVERABILITY


Please review our other policies, posted on this site. These policies also govern your use of ECHT Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


OUR ADDRESS

Echt LLC
2634 South 18th St. Ext.
Pittsburgh, PA
15210

www.echtcollection.com

office@echtcollection.com

How to Serve a Subpoena

If you have a subpoena to serve on Echt, please note that Echt does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on echtcollection.com, preferably by mailing the subpoena to us (see address below).

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; Kindle serial number for Kindle information (please note we do not have GPS location information); and IP address and complete time stamp for AWS information.

Echt LLC

OUR ADDRESS

Echt LLC
2634 South 18th St. Ext.
Pittsburgh, PA
15210
www.echtcollection.com