Terms of Sale Policy
THE BELOW INFORMATION SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT YOUR ONLINE PURCHASE FROM ABRIGO HOME, LLC. PLEASE REVIEW THE FOLLOWING IN ITS ENTIRETY. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
1. Applicability of Terms and Conditions
These terms and conditions (these “Terms”) shall apply to your purchase of products and related services through www.abrigohome.com (the “Site”). These Terms are subject to change at any time without prior written notice by Abrigo Home, LLC (“Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
2. User Profiles and Online Orders
You will be prompted to set-up a customer account where you will be able to access your wishlist, purchases, and meeting confirmations if you have purchased customization time. You must make an account (cannot check out as guests), as this is how we will deliver the ordered products in digital format to you. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
3. Payment Terms
All applicable prices are set forth alongside the products and services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any sales, use, excise, and related taxes. Payment may only be made via the authorized payment gateway (see section 4, below), as shown on the Site. By using any such payment gateway, you are representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
4. Payment Processing
All on-line purchases made through the Website are processed through the designated payment gateway, as a third party payment processor (the “Processor”) and are subject to the Processor’s terms of use. Abrigohome.com is not liable or responsible for any errors or omissions, breaches of security, or other failures on the part of the Processor. Financial and Contact data input to consummate a transaction is encrypted using SSL technology and sent to the third party payment processor. No credit card information is retained by Abrigohome.com. Only the third party payment processor has access to credit card numbers. Abrigohome.com does not have access, nor does it retain credit card numbers or other related information. Data handled by the third party payment processor is subject to their terms and privacy policy, which is available on request.
5. Products and Delivery by Digital Downloads
All products are digital downloads that will be available in the customer’s profile upon successful payment. For consultation time, the customer must check-out, then the customer will be prompted to use “Calendly” to schedule a meeting with Amy Dutton for consultation time. Unless otherwise indicated, the products are not customized for customers, but have been prepared in advance of any sale (For an additional fee, a Customer can have a product customized for customer’s particular needs). The products are as follows: (i) Floor Plans: Full construction drawing set (3 payment tiers); (ii) Material & Finish Collections: PDF files of interior and exterior finish/material collections; (iii) Select Products: PDF files of curated ‘selects’ of interior décor; (iv) Consultation Time: Customers may book Zoom time with Amy Dutton; (v) any customization purchased as Work Product as defined in Section 8 below (collectively “Licensed Materials”). You hereby acknowledge that products sold, including drawings and plan, by Abrigo Home, do not include structural engineering or civil engineering and are not accordingly stamped. Such products are prepared to IRC2015 code in northeast, USA. Customers may not purchase multiple drawings at this time. We do not broker licensing deals with builders at this time.
6. Return Policy
Because of copyright laws and the possibilities of making illegal copies of the plans or documents you received, our plans or documents may not be returned for credit or refund under any circumstances once the order has been processed. Please double check your selection before ordering.
7. Website Policies
Please review our Privacy Policy, and Copyright Policy, and Website Accessibility Policy.
8. License Agreement
You acknowledge and agree that all uses on the Site and in these Terms of the words “sell,” “buy,” “sale,” “resale,” “purchase,” and the like refer to the purchase or sale of a license only. As such, all products and services provided hereunder are offered solely for license, and not actually for sale to you or any third party. Your use, therefore, shall be subject at all times to the terms of the license as set forth in this Section 8 (including without limitation those terms that pertain to use restrictions, copying, distribution, sublicensing, and modifications). Additionally, you understand and acknowledge that the Abrigo Home (and/or its third-party licensor(s), as applicable) will remain the sole and exclusive owner(s) of all intellectual property rights incorporated in any such products or services (and any related documentation, instructions, or other materials provided therewith), subject to your limited license to exploit the products or services pursuant to the terms hereof and this license. All products are watermarked/copyrighted protected. For clarification, you will not acquire ownership rights in and to the intellectual property rights incorporated in any purchased products or services. To the extent that a product has been customized for the Customer by Abrigo Home, Abrigo Home will own all right, title and interest in and to all materials, tangible or intangible, developed by Abrigo Home contained therein (“Work Product”). Abrigo Home shall grant a non-exclusive license to use the Work Product in accordance with this Section 8.
- (a) Abrigo Home grants to the Customer a non-exclusive single-use license to use the purchased Licensed Materials exclusively for one-time use by the Customer for purposes of constructing, using, maintaining, altering and adding to the Customer’s residential project located at the address specified by customer (the “Project”), provided that the Customer substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Section 3. The license granted under this section permits the Customer to authorize its contractor, subcontractors, sub-subcontractors, and suppliers, as well as the Customer’s consultants and separate contractors (collectively, the “Customer’s Agents”), to reproduce applicable portions of the Licensed Materials, subject to any applicable protocols under this Agreement, solely and exclusively for use in performing services or construction for the Customer on the Project. This license does not allow Customer to use the Licensed Materials to compete with or otherwise impair Abrigo Home’s business. Except for the sole benefit of the Customer with the Project, this license does not allow the Customer or Customer’s Agents to market, sell, modify, copy, distribute, display or manufacture the Licensed Materials to third parties or to use for the benefit of third parties.
- (b) Customer shall have the right to customize the Licensed Materials, as necessary, to obtain a building permit for the construction of the Project. Customizations may be made to the Licensed Materials to comply with local building code requirements, material requirements and personal customizations. All customized versions of the Licensed Materials shall prominently bear Abrigo Home’s copyright. If customizations are made to the Licensed Materials, customer acknowledges that the original Licensed Materials, together with any customizations or changes to the Licensed Materials, remain the property of Abrigo Home. Abrigo Home is free of any and all liability associated with customizations made to the Licensed Materials. Any discrepancies or changes of any nature to the Licensed Materials is the sole responsibility of the Customer and anyone involved in the redesign process.
Customer acknowledges that this License cannot be transferred or assigned to any other party. Customer further acknowledges that Customer cannot sell the Licensed Materials. Any subsequent sale of the Licensed Materials is a violation of this License Agreement and U.S. Copyright Law. - (c) The Customer, to the extent permitted by law, further agrees to indemnify and hold harmless Abrigo Home and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Customer’s use of the Licensed Materials under this Agreement.
- (d) Except for the license granted in this Section 8, no other license or right shall be deemed granted or implied under this Agreement. The Customer shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of Abrigo Home. Any unauthorized use of the Licensed Materials by Customer is strictly prohibited.
9. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.
- (a) Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter into any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the products and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or Abrigo Home’s or third party right of any kind; and (iii) that you are buying products or services from the Site for solely your own use, and not for resale or export.
- (b) Limited Warranty and Company’s Disclaimers. Subject to applicable law, The information, documents, plans and specifications contained in these documents are provided “AS IS” without warranty, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise. Abrigo Home assumes no responsibility for errors or omissions in these pages or other documents which are referenced by or linked to these web pages. These documents could include technical or other inaccuracies or typographical errors. Abrigo Home assumes no liability for errors or omissions in these documents and reserves the right to make changes at any time. Abrigo Home was established to solve the primary issue of affordability and attainability for the average person interested in building a “whole home” custom to their needs, budgets, and dreams. All plans, documents, renderings and other media on Abrigo Home website or other media forms are property of Abrigo Home, LLC. Abrigo Home is not liable for plan interpretation, or the structural integrity of buildings built from plans purchased at https://abrigohome.com . We do not oversee the construction and cannot verify that the structure is built to necessary standards. The Customer is responsible to assure that the building meets or exceeds local codes and regulations. It is the responsibility of the Customer to obtain any and all structural analysis, engineering and specifications that may be required in the municipality in which it is to be built. The Customer is to verify all lot conditions and measurements before construction. Because local codes and regulations and even methods of construction vary across the nation and internationally, certain alternative planning may be necessary to adapt the plan to your area. For this reason heating and plumbing are not included with our plans. You should be able to meet with these subcontractors to select and plan the system that is most appropriate for your area.
- (c) Liability Cap. UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY PRODUCTS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
10. Third-Party Beneficiaries
These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
11. Force Majeure
Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, pandemic, epidemic, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
12. Assignment
Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
13. Partial Invalidity
In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
14. Governing Law; Venue; Actions
- (a) Governing Law. These Terms shall be governed by the laws of the State of New Hampshire without regard to its conflict of laws principles.
- (b) Dispute Resolution. If there is any dispute about or involving the website or the Terms of Sale, you agree that any dispute shall be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts located in New Hampshire.
- (c) YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY PRODUCTS OR SERVICES PROVIDED BY THE SITE, OR THE TERMS OF SALE MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
15. No Waivers
Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
16. Notices
We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) facsimile, at: (207) 345-6050 or (ii) personal delivery, overnight courier, or registered or certified mail to: PO Box 1564, Portsmouth, New Hampshire 03801, USA.
17. CUSTOM CLIENT AND CONSULTATION TERMS
Terms
- Client agrees to communicate within 72 hours of receiving drawings with comments or acknowledging receipt.
- Lack of communication within 72 hours will result in an immediate pause of work done on project.
- All dimensions provided by the customer are therefore responsibility of the the homeowner releasing Abrigo Home of any liability. All structural engineering required should be done by a licensedstructural engineer.
Consultation Terms
- Client is expected to alert Abrigo Home / Amy Dutton of a cancellation / reschedule of a consultation 24 hours before the scheduled consultation. If notice is received before 24 hours, Abrigo Home will issue a full refund. If notice is received within 24 hours, Abrigo Home reserves the right to maintain the full charge for the meeting.
Billing
- The hourly rates for custom client work with Abrigo Home are as follows: $300 / hour for meetings; $200 / hour for off-line drawings; $650 for 2-hour construction site meetings.
- Invoicing: Invoices will be sent via email from Quickbooks with a link. Only online payments willbe received. Invoicing will be due on a monthly basis.
- Deposit: Amy will determine the deposit due once all measurements, photos, and requestedinformation about the Client’s project has been provided. The project will not start until AbrigoHome has received all requested information. An invoice for the deposit will be emailed and oncepayment is received, Amy will begin work on the Client’s project. The deposit will be applied to thefirstdrawinginvoice.
- Payment for Plans: All drawings will be released only once payment is received.e.Payment Processing:Invoices from Abrigo Home will automatically be sent to a Client to pay viaACH / direct bank wiring. If the Client must pay via credit card, Abrigo Home can accommodate that service with a 3% processing fee.
- Late Billing: Payment is due sixdays after the date of the invoice. If payment is not received by such date, Abrigo Home will cease working on the Client’s project. In addition, a 6% late fee will be added to the invoiced amount for every 6 days past due. In addition to all other remedies, Abrigo Home shall be entitled to withholding delivery of goods or drawings or further performance should the client fail to timely make any payments due to Abrigo Home
18. Entire Agreement
These Terms, along with the confirmation email referenced in Section 2 above, any instructions that we provide you with relating to any product or service you obtain from us through the Site (including without limitation any license agreement), any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s ‘Copyright Policy’ ‘Privacy Policy,’ and ‘Website Accessibility Policy’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.