Terms and Conditions
Welcome to the Fabricant Nacre LLC website ("Website"). These Terms and Conditions ("Terms") govern your access to and use of the Website and any services, content, communications, estimates, proposals, and transactions offered by Fabricant Nacre LLC ("Fabricant Nacre," "Company," "we," "our," or "us").
By accessing or using this Website, submitting an inquiry, requesting an estimate, purchasing services, or otherwise engaging with Fabricant Nacre LLC, you agree to be bound by these Terms. If you do not agree to these Terms, please discontinue use of the Website.
1. Company Information
Fabricant Nacre LLC is a New York limited liability company providing furniture restoration, conservation, repair, refinishing, fabrication, design, and related professional services.
2. Website Use
You may use this Website solely for lawful purposes and in accordance with these Terms.
You agree not to:
Use the Website in violation of any applicable law or regulation.
Attempt to gain unauthorized access to any portion of the Website.
Interfere with the operation or security of the Website.
Introduce viruses, malware, or harmful code.
Copy, reproduce, distribute, or exploit Website content without prior written permission.
Use automated systems, bots, scraping tools, or data extraction methods without our written consent.
We reserve the right to restrict or terminate access to the Website at any time and for any lawful reason.
3. Intellectual Property
All Website content, including but not limited to:
Text
Photographs
Artwork
Logos
Branding
Designs
Graphics
Renderings
Technical information
Videos
Written content
is the exclusive property of Fabricant Nacre LLC or its licensors and is protected by copyright, trademark, trade dress, and other intellectual property laws.
No content may be copied, reproduced, modified, distributed, displayed, published, or used for commercial purposes without prior written authorization.
4. Portfolio and Project Photography
Unless otherwise agreed in writing, Fabricant Nacre LLC reserves the right to photograph completed and in-progress work for portfolio, archival, educational, editorial, and marketing purposes.
We make reasonable efforts to protect confidential client information and will not knowingly disclose confidential information without authorization.
5. Estimates and Proposals
All estimates, proposals, quotations, and project schedules are non-binding until accepted in writing by Fabricant Nacre LLC.
Pricing, schedules, material availability, and project scope may change prior to execution of a formal agreement.
Submission of an inquiry through the Website does not create a contractual relationship.
6. Service Agreements
Furniture restoration, conservation, fabrication, repair, and related services are governed by separate written estimates, proposals, invoices, work orders, service agreements, or contracts provided by Fabricant Nacre LLC.
In the event of any conflict between these Terms and a signed service agreement, the signed service agreement shall control.
7. User Submissions
By submitting photographs, drawings, specifications, descriptions, emails, or other materials through the Website, you represent and warrant that:
You own or have the legal right to submit such materials.
Submission does not infringe upon the rights of any third party.
Submitted information is accurate to the best of your knowledge.
You grant Fabricant Nacre LLC a non-exclusive, royalty-free license to use submitted materials solely for the purpose of evaluating, estimating, discussing, or performing requested services.
8. Custom Designs and Intellectual Property
Unless otherwise agreed in writing, all concepts, drawings, renderings, shop drawings, technical designs, fabrication methods, specifications, and related intellectual property created by Fabricant Nacre LLC remain the exclusive property of Fabricant Nacre LLC.
No license or ownership interest is transferred to any client except as expressly provided in a written agreement.
9. Third-Party Links
This Website may contain links to third-party websites for convenience.
Fabricant Nacre LLC does not control, endorse, or assume responsibility for the content, policies, security, or practices of any third-party website.
Accessing third-party websites is at your own risk.
10. Disclaimer of Warranties
The Website and all content provided through it are offered on an "as is" and "as available" basis.
To the fullest extent permitted by law, Fabricant Nacre LLC disclaims all warranties, whether express or implied, including:
Merchantability
Fitness for a particular purpose
Non-infringement
Accuracy
Availability
Reliability
We do not guarantee uninterrupted access to the Website or that the Website will be free from errors, viruses, or other harmful components.
11. Restoration and Conservation Disclaimer
Furniture restoration and conservation involve aged, fragile, altered, or previously repaired materials.
As a result:
Exact color matching cannot be guaranteed.
Exact finish matching cannot be guaranteed.
Original materials may contain hidden defects.
Structural conditions may be discovered only after disassembly or investigation.
Restoration outcomes involve professional judgment and may vary.
Fabricant Nacre LLC does not guarantee increases in value, preservation of value, museum-grade outcomes, or acceptance by appraisers, collectors, insurers, conservators, or other third parties unless expressly agreed in writing.
12. Limitation of Liability
To the fullest extent permitted by law, Fabricant Nacre LLC shall not be liable for:
Indirect damages
Incidental damages
Consequential damages
Special damages
Punitive damages
Loss of profits
Loss of business opportunities
Loss of use
Diminution in value
Our total liability arising from Website use shall not exceed one hundred dollars ($100.00) or the amount paid by the user to Fabricant Nacre LLC during the preceding twelve months, whichever is greater.
Nothing herein limits liability where prohibited by applicable law.
13. Indemnification
You agree to defend, indemnify, and hold harmless Fabricant Nacre LLC and its owners, employees, agents, contractors, and affiliates from any claims, damages, liabilities, costs, or expenses arising from:
Your use of the Website
Your violation of these Terms
Your infringement of intellectual property rights
Your submission of unlawful or inaccurate materials
14. Electronic Communications
By contacting us through the Website, email, or online forms, you consent to receive communications electronically.
Electronic communications satisfy any legal requirement that communications be in writing.
15. Privacy
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Please review our Privacy Policy for information regarding collection, use, and protection of personal information.
16. Force Majeure
Fabricant Nacre LLC shall not be liable for delays, interruptions, or failures resulting from causes beyond its reasonable control, including:
Natural disasters
Fire
Flood
Severe weather
Labor disputes
Material shortages
Supply chain disruptions
Government actions
Utility failures
Internet outages
Cybersecurity incidents
Transportation delays
Performance obligations shall be reasonably extended during such events.
17. Governing Law
These Terms shall be governed by and construed under the laws of the State of New York without regard to conflict-of-law principles.
18. Dispute Resolution
Any dispute arising from these Terms or use of the Website shall be resolved exclusively in the state or federal courts located in New York County, New York.
Users consent to the personal jurisdiction and venue of such courts.
19. Attorneys' Fees
In any action arising from these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses to the extent permitted by law.
20. Changes to Terms
Fabricant Nacre LLC reserves the right to modify these Terms at any time.
Updated Terms shall become effective immediately upon posting to the Website unless otherwise stated.
Continued use of the Website after changes are posted constitutes acceptance of the revised Terms.
21. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
22. Entire Agreement
These Terms constitute the entire agreement regarding Website use and supersede prior communications relating to Website access and use.
Separate written service agreements shall govern specific restoration, conservation, fabrication, or repair projects.