Terms and Conditions

GENERAL

 

  1. For proper credit, please reference our memo/invoice number when following up on any order, and when sending a payment check.

 

  1. Orders are generally fulfilled within two weeks (please add three weeks for custom finish and eight weeks for built-to-specs) upon receipt of a written PO and full payment.

 

  1. Please note that Oxshott Collection has a “NO RETURNS POLICY”. Returns will not be accepted or exchanged for any reason.

 

  1. All sales are final after 15 days from date of shipment or pickup. We will not entertain any claims, regardless of the circumstances after 15 days from the time the goods leave our warehouse. Additionally, no claims will be entertained at any time if any modification has been made, or if the goods have been tampered with, or if installation has been attempted.

 

  1. Since all Oxshott Collection products are handmade, they are subject to slight variations. Therefore, no two pieces can be perfect replicas / “photocopies”.

 

  1. Unless stated otherwise, all dimensions are in inches. Wall Sconces cover the 4”x 2” wall box, which is also called a switch box. Oxshott Collection does not supply GEM boxes, French Hooks or any other installation accessories.

 

  1. Unless specifically stated on our memo/invoice, the fixtures are neither quoted or shipped with a UL label or a ground wire. UL label /services are available at additional cost.

 

  1. Add an upcharge of $100 to $150 per fixture for UL label for most fixtures. Please note that some fixtures require design modification and/or special installation for UL purposes.

 

  1. Our fixtures are wired for 40 Watts per bulb. Installation must be done by a qualified electrician. Oxshott Collection is not responsible for any on-website damage. Do not attempt to install without a certified and insured electrician.

 

  1. As a courtesy, we are able to pack your goods and ship the goods on your behalf. Unless stated otherwise, all goods that we ship are sent via UPS Ground. Please check the price list for shipping & handling charge. There is a minimum S&H charge of $75.00 per order. Your order will be double-checked and shipped complete and in operating condition. The ownership of the goods passes from us to you when the goods leave our warehouse door. We assume no liability for losses or damage during transit or during unpacking. Please include the stated shipping cost with your payment if you choose this shipping option.

 

  1. If you prefer to ship another way, we can provide you with a list of truckers who will inspect, pack and pick up the goods. Packing, shipping and insurance arrangements must be made by you directly with the truckers. The ownership of the goods passes from us to you at the time the goods are picked up from our warehouse in Fairfield, NJ. We are not responsible once the goods leave our warehouse door. If you choose to make your own shipping arrangements, the shipping cost on the invoice/memo does not apply.

 

  1. Open and check your package immediately. Please exercise caution while unpacking and retain original packing materials and boxes.

 

  1. Prices on Price List are subject to change. Please always get a written price quote.

 

  1. These terms and conditions represent the entire agreement between the parties

 

  1. The sale of goods and services is expressly limited to the acceptance of these terms and conditions. Any of the following constitutes Buyer’s unqualified acceptance of these terms and conditions:

 

  • Issuance or assignment of a purchase order, or
  • Acceptance of any Product, or
  • Payment for any of the Products.

 

  1. Additional or different terms or conditions proposed by Buyer (including any additional or different terms provided in a purchase order) shall be void and of no effect unless specifically accepted in writing by Oxshott Collection. This agreement shall be the exclusive agreement between the parties. Any prior or contemporaneous understandings, agreements, and representations, oral or written, are superseded by these terms and conditions. No modification to these terms and conditions shall be valid unless in writing and signed by Oxshott Collection.

 

  1. In no event will either party be responsible or liable for any third party for any lost profits, or incidental, consequential, indirect, special or contingent damages arising from or relating to this contract, even if it has been advised of the possibility of such damages. Each party’s total cumulative liability in connection with this agreement, including for any liability on account of a claimed defect in any product delivered hereunder, whether in contract or tort or otherwise, shall in no event exceed the purchase price of the product paid by buyer on which the claim is based.

 

 

GOVERNING LAW

 

All Transactions, these Terms and Conditions, and your use of the Website are governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be entirely performed within the State/Commonwealth of New Jersey, without regard to its conflict of law principles.

 

DISPUTE RESOLUTION

 

JURISDICTION

 

You agree that all matters relating to all Transactions, your access to or use of the Website, including all disputes, will be governed by the laws of the State of New Jersey without regard to its conflicts of law’s provisions. You agree to the personal jurisdiction by and venue in the state of New Jersey and waive any objection to such jurisdiction or venue.

 

MANDATORY INFORMAL NEGOTIATIONS

 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90 days, in good faith. Such informal negotiations commence upon written notice from one Party to the other Party. If we are unable to resolve any such dispute within 90 days, then either party may submit to the following:


MANDATORY MEDIATION

 

If informal negotiations are unable to resolve the dispute, the parties agree to submit to Mediation, which is an informal, voluntary process in which a neutral third-party assists those in conflict to reach a resolution which is acceptable to all parties. The mediator is not the decisionmaker, but he or she helps the disputing parties resolve conflicts by exploring all of the options and managing the negotiation process. The Mediation process is to be done in Essex County in the State of New Jersey.

 

MANDATORY BINDING ARBITRATION

 

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally resolved by binding arbitration.

 

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA webwebsite www.adr.org.

 

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. 

 

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.

 

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Essex County, New Jersey. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Essex County, New Jersey, and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

 

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Website or Services be commenced more than one year after the cause of action arose.

 

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

YOU UNDERSTAND THAT WITHOUT THE MEDIATION AND ARBITRATION PROVISIONS, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU ARE HEREBY FOREGOING THE RIGHT TO SUE IN COURT OF LAW BY AGREEING TO THESE TERMS AND CONDITIONS. ANY DISPUTE MUST BE RESOLVED EXCLUSIVELY THROUGH INFORMAL NEGOTIATIONS, MEDIATION, AND BINDING ARBITRATION IN A REASONABLE MANNER AND TIME.

RESTRICTIONS

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons or entities.

 

CORRECTIONS

 

There may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to the Website, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

 

INSTALLATION


So as to make the installation process easy, we recommend that all the prep work be done before the installation. First and foremost please note that we recommend that you only use a 4” x 2” GEM Box (aka switch box) for our sconces. Please request and direct the electrician to acquire and install the GEM box as well as the CROSS BAR / FRENCH HOOK . We do not supply these installation accessories.

 

Installation of OC fixtures once all the prep work has been done is extremely simple, nonetheless always use a qualified electrician. It generally takes less than five minutes to install one of OC fixtures to the wall. We send our fixtures complete. There is no part that is missing. Nonetheless the electrician has to install without fail the GEM box and the Gem Box’s Cross Bar (if it is a removable cross bar fixture) or a French Hook (if it is a fixed cross bar fixture) . All these parts are readily available from the general supply house for electricians.

 

 INSTRUCTIONS FOR REMOVABLE CROSS BAR FIXTURE


A removable cross bar fixture is one which has a removable cross bar on the back of the fixture. Please note that the cross bar of the fixture is different and separate from the cross bar of the GEM box. In order words, there are two different cross bars, one that belongs to the fixture, and another that belongs to the GEM box. The cross bar of the GEM box is supplied and installed by the electrician. OC will supply the removable cross bar of the fixture.

 Once the GEM box and the GEM Box’s cross bar is installed in the wall. The removable cross bar from the back of the sconce gets attached to the GEM Box via a threaded nipple (this is supplied by OC). A threaded nipple is first screwed into the center opening of the GEM Box’s cross bar. Next the removable cross bar from behind the fixture is screwed onto the same thread nipple. Nuts (supplied by OC) make this attachment secure.

Next, the fixture is placed on the removable cross bar (which has now been attached to the GEM Box) and two side screws attach the fixture to the removable cross bar. These screws are provided by OC. Apart from the fixture’s own removable cross bar, the threaded nipple and the two side screws (all of which are provided by OC) there is nothing else that is needed, as long as the GEM Box and the GEM box’s cross bar has been installed during preparation before installation.

It generally should take less than five minutes to install a fixture to the wall.

 

INSTRUCTIONS FOR FIXED CROSS BAR FIXTURE

 

A fixed cross bar fixture is one which has a permanent cross bar on the back of the fixture. Please note that the cross bar of the fixture is different and separate from the cross bar of the GEM box. In order words, there are two different cross bars, one that belongs to the fixture, and another that belongs to the GEM box. The cross bar of the GEM box is supplied and installed by the electrician. The permanent cross bar of the fixture comes with the fixture


Once the Gem box and the French Hook is installed, the fixed cross bar behind the sconce slides into the hook of the French Hook. Once it is completely in, a slight push locks it in place.


It generally should take less than five minutes to install a fixture to the wall.

 

Please note that at Oxshott Collection we work very hard to make quality products and deliver them in time. Everything that goes out is first tested, and only if a fixture passes this rigorous test it is packed and shipped. Any loose connections or faulty wiring will show up during the test and fail the fixture. Hence when a fixture passes the test it is ready for installation. Nonetheless during transition and unpacking, wires can get pulled and connections can get loose. Hence it is recommended that a qualified electrician test and fix (if needed) the continuity and the connection (a very simple task) before installation.