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Terms of Sale — McAutumn Vintage

Final Legal Draft | August 8, 2026 | Complete bracketed business details before publication.

vintage.mcautumn.us

IMPORTANT NOTICE — READ BEFORE PURCHASING
These Terms of Sale govern purchases from McAutumn Vintage. They contain an ALL SALES FINAL policy, warranty disclaimers, limitations of liability, a one-year contractual limitations period for certain sale-of-goods claims, and dispute-resolution provisions including a mutual jury-trial waiver to the maximum extent permitted by law. For qualifying New York consumer-goods disputes, these Terms do not contractually restrict venue; the New York County / SDNY forum provision applies only to Business Buyers and matters outside CPLR § 514, subject to applicable law.

McAutumn Vintage sells vintage, antique, collectible, pre-owned, and frequently one-of-a-kind goods. THE STORE IS NOT A RENTAL SERVICE, APPROVAL SERVICE, TRY-BEFORE-YOU-BUY SERVICE, WARDROBE SERVICE, PROP HOUSE, OR TEMPORARY-USE SERVICE. A purchase is not an authorization to wear, carry, install, stage, display, photograph, film, lend, rent, or otherwise use a Product and then return it because the Buyer no longer wants it.

1. Seller; Contract Documents

McAutumn LLC is a New York limited liability company (“Seller,” “McAutumn,” “we,” “us,” or “our”). Principal business address: [BUSINESS ADDRESS — TO BE COMPLETED BEFORE PUBLICATION]. Legal notices: [LEGAL NOTICE EMAIL — TO BE COMPLETED BEFORE PUBLICATION]. Website: vintage.mcautumn.us.

“Buyer” means the person or entity placing or paying for an order. “Consumer” means a Buyer purchasing primarily for personal, family, or household use. “Business Buyer” means a Buyer purchasing primarily for business, trade, professional, resale, staging, design, production, commercial photography, or other commercial purposes. “Product” means any item offered for sale, including vintage or antique décor, furniture, lighting, tableware, jewelry, clothing, accessories, art, collectibles, or other goods.

These Terms incorporate by reference the Return & Condition Claims Policy, Shipping & Delivery Policy, Privacy Policy, Cookie Policy, Terms of Use, and International Consumer Rights Rider. If a Product listing contains a specific written condition disclosure that conflicts with a general statement in these Terms, the specific Product disclosure controls as to that Product. Mandatory non-waivable law controls only to the extent it applies.

2. Click-Wrap Acceptance; Electronic Records; Contract Formation

Before Seller accepts an order, Buyer must affirmatively accept the then-current Terms of Sale and linked policies through an unchecked click-wrap control or another affirmative electronic act. By doing so, Buyer consents to electronic contracting and to Seller maintaining records of acceptance, including date/time, policy version, order/session identifiers, IP address, device/browser information, and related transaction evidence, subject to the Privacy Policy.

Buyer’s submission of an order is an offer to purchase. Seller may accept or reject that offer. A contract forms only when Seller sends an order-acceptance or fulfillment confirmation after payment authorization. An automated acknowledgement of receipt is not necessarily acceptance. Before acceptance, Seller may cancel an order for inventory error, pricing error, suspected fraud, sanctions/export concerns, payment risk, shipping restrictions, legal compliance, or any other legitimate business reason. If Seller cancels after collecting funds, Seller will refund amounts required by law using an appropriate payment method.

Seller may preserve a snapshot or archival copy of the Product listing and policies applicable to the order. Buyer agrees that reliable electronic records, carrier records, photographs, video, security identifiers, and system logs may be used to establish the transaction history, subject to applicable evidentiary law.

3. Eligibility; Buyer Information; Compliance Review

Buyer represents that Buyer is at least 18 years old and legally capable of contracting; has authority to use the payment method; and provides accurate billing, shipping, identity, contact, and customs information. Buyer must not use stolen credentials, false identities, freight-forwarding arrangements designed to defeat lawful restrictions, or addresses used to facilitate fraud.

Seller may request identity verification, payment verification, signature delivery, additional shipping information, sanctions screening information, or other reasonable anti-fraud documentation. Seller may refuse or cancel an order when requested verification is not timely supplied or when legitimate fraud, sanctions, export, theft, chargeback, or safety concerns exist.

4. Nature of Vintage and Antique Goods; Condition

Unless a listing expressly states otherwise, Products are pre-owned and are not new retail merchandise. Age, prior use, manufacture, storage, restoration, and handling may result in patina, tarnish, scratches, scuffs, dents, chips, flea bites, crazing, craquelure, fading, discoloration, oxidation, stains, fabric wear, pilling, pulls, repairs, replaced components, glue residue, finish loss, warping, looseness, manufacturing irregularities, variations in glaze or decoration, tool marks, old odors, missing original packaging, non-uniform measurements, and other age- or use-related characteristics.

Such disclosed or reasonably visible age-related characteristics are part of the nature and history of vintage goods and do not constitute a defect merely because a Buyer expected new-condition merchandise. Words such as “excellent,” “very good,” “good,” “fair,” or similar condition descriptions are comparative opinions within the vintage market and do not mean “new,” “unused,” or “perfect.”

Buyer must review all listing text, measurements, condition notes, photographs, and video before purchase. Buyer should request additional images, measurements, or information before ordering if any characteristic is material to the purchase. Approximate measurements are identified as approximate. Colors and surface appearance may vary because of lighting, camera processing, display calibration, surrounding colors, and human perception.

5. Objective Descriptions; Attribution; Age; Origin; Authenticity

Seller distinguishes objective factual statements from qualified opinions or attributions. A visible mark, a stated measured dimension, or a specifically identified physical feature may be an objective description. Statements using terms such as “attributed to,” “in the manner of,” “style of,” “school of,” “possibly,” “likely,” “circa,” “appears to be,” “believed to be,” or comparable language are good-faith opinions or market attributions, not guarantees of authorship, date, origin, or authenticity.

Statements about maker, designer, artist, manufacturer, period, age, material, country of origin, provenance, rarity, or authenticity are based on the information reasonably available to Seller, including physical inspection, visible markings, reference sources, comparable examples, consignor/supplier information where applicable, and market scholarship. Scholarly and market opinions may differ or change over time.

Nothing in this Section eliminates any express warranty that applicable law treats as created by a specific factual affirmation or description forming part of the bargain. Seller does not, however, make a separate certificate or guarantee of authenticity unless expressly stated in a signed writing or a Product-specific written guarantee.

Authenticity or material-attribution claims are subject to the Return & Condition Claims Policy, including its evidence requirements and timing rules, except to the extent non-waivable law requires otherwise.

6. No Trial, Rental, Wardrobing, Staging, or Temporary Use

THE SALE IS A FINAL PURCHASE, NOT A SALE ON APPROVAL OR TEMPORARY POSSESSION ARRANGEMENT.

Except for the limited handling reasonably necessary for immediate indoor inspection after delivery, Buyer must not rely on any contractual return or claim procedure as permission to use a Product before deciding whether to keep it. Without limiting the foregoing, use beyond reasonable inspection includes:

(a) wearing, carrying, fastening, or accessorizing a garment, jewelry item, handbag, brooch, scarf, or accessory at an event, outside the inspection setting, or for more than a brief fit/condition check;

(b) using a Product for a photo shoot, video shoot, social-media content, advertising, styling, wardrobe, theatrical production, set dressing, staging, real-estate presentation, display project, or other content/production purpose;

(c) installing, mounting, hanging, wiring, energizing, filling, burning, washing, laundering, dry-cleaning, polishing, refinishing, repairing, altering, resizing, stretching, sewing, pinning, gluing, or otherwise modifying a Product;

(d) lending, renting, consigning, transferring, reselling, listing for resale, or permitting another person to use the Product; or

(e) exposing the Product to smoke, perfume, cosmetics, body oils, food, drink, moisture, pets, outdoor conditions, or other conditions capable of changing its condition.

If Buyer asserts rejection, nonconformity, shipping damage, material misdescription, or another claim seeking return, Buyer must immediately discontinue all use other than reasonable documentation and preservation of the claimed condition. Continued exercise of ownership after a claimed rejection may affect Buyer’s rights under applicable law and under these Terms.

7. Seller Condition Records; Security Tags and Identifiers

Because many Products are one-of-a-kind, Seller may document the specific physical item before shipment through high-resolution photographs, video, measurements, maker/serial/model numbers, natural marks, wear patterns, condition maps, packaging records, weight, non-invasive identifiers, and tamper-evident tags, seals, threads, labels, or other security devices (“Security Devices”).

Where a Security Device is attached or disclosed as a condition-verification device, Buyer must not remove, cut, alter, replace, transfer, defeat, or tamper with it while any contractual return or condition claim remains possible. Removal or tampering is evidence of post-delivery handling and may make a voluntary or contractual return ineligible, except where applicable law provides a non-waivable remedy notwithstanding such removal.

Any authorized return must be the identical physical Product originally shipped, with all components, accompanying documents, detachable parts, accessories, and Security Devices that were delivered with it. Product substitution, component swapping, return of a different example, alteration of identifying characteristics, or manipulation of evidence may result in denial of a contractual refund and may be reported to payment providers, carriers, insurers, marketplaces, or law enforcement when Seller reasonably believes fraud or theft has occurred and disclosure is lawful.

8. Inspection After Delivery; Functional and Safety Inspection

Buyer must inspect the Product promptly after delivery and preserve all packaging until the inspection is complete. Visible shipping damage and visible condition issues are governed by the deadlines and evidence requirements in the Return & Condition Claims Policy.

Vintage goods may not comply with modern safety standards. Unless a listing expressly states that a particular function has been professionally inspected for current use, Buyer assumes responsibility for obtaining an appropriate professional inspection before functional use. In particular:

(a) vintage electrical items should be inspected by a qualified electrician or other competent professional before energizing or use;

(b) vintage lighting may require rewiring, grounding, plug/socket replacement, voltage adaptation, or other work;

(c) vintage tableware, ceramics, crystal, metalware, or decorative vessels are not represented as compliant with current food-contact, lead, cadmium, microwave, dishwasher, or similar safety standards unless Seller expressly states that appropriate testing has been performed;

(d) decorative collectibles are not toys and should be kept away from children where fragile, sharp, heavy, or composed of small parts.

Buyer must not use a Product if Buyer observes a condition that makes use unsafe or if a competent professional advises against use.

9. AS-IS Sale; Implied-Warranty Disclaimer

CONSPICUOUS NOTICE: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PRODUCT IS SOLD “AS IS” AND “WITH ALL FAULTS,” SUBJECT ONLY TO SPECIFIC EXPRESS FACTUAL DESCRIPTIONS THAT APPLICABLE LAW TREATS AS PART OF THE BARGAIN AND TO RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. BUYER ACKNOWLEDGES THAT THE VINTAGE NATURE AND DISCLOSED CONDITION OF THE PRODUCT ARE MATERIAL TO THIS DISCLAIMER.

Seller does not disclaim the warranty of good title to the extent imposed by applicable law. Nothing in these Terms limits liability for Seller’s intentional fraud or any other liability that law does not permit Seller to disclaim.

10. Prices; Taxes; Duties; Customs

Unless expressly stated otherwise, all prices and payments are in U.S. dollars. Shipping, insurance, tax, VAT/GST, customs duties, import charges, brokerage, storage, remote-area surcharges, bank fees, currency-conversion charges, and other third-party or governmental charges are separate unless expressly included at checkout.

Buyer is responsible for providing accurate customs information and for lawful importation into the destination. Seller will not knowingly falsify value, description, origin, or gift status on customs documentation. Buyer is responsible for destination-country restrictions and charges except where applicable law expressly places an obligation on Seller.

11. Payment; Fraud Review; Cryptocurrency

Seller may offer or withdraw payment methods at any time. Payment authorization does not itself require Seller to accept an order. Seller may delay shipment while conducting a reasonable fraud/compliance review.

If Seller elects to accept cryptocurrency or a stablecoin, Buyer acknowledges the irreversible and price-variable nature of blockchain transfers. Any authorized refund will be made in the manner stated at the time of the transaction or otherwise agreed by Seller and Buyer, subject to applicable law and payment-provider restrictions. Seller will not knowingly accept property reasonably suspected to be proceeds of unlawful activity or from a sanctioned source.

12. Shipping, Delivery, Delay, and Risk of Loss

The Shipping & Delivery Policy is incorporated into these Terms.

For U.S. transactions, unless the order confirmation expressly requires Seller to deliver at a particular destination as a destination contract, the parties intend the shipment to be a shipment contract to the maximum extent permitted by law. Risk of loss is allocated as provided by applicable law and the Shipping & Delivery Policy. Nothing in these Terms overrides mandatory consumer transit-risk rules, including those that may apply to consumers in the EEA or United Kingdom.

Delivery dates are estimates unless Seller expressly agrees in writing to a guaranteed date. Seller will comply with applicable federal requirements governing Internet-order shipment timing, delay notices, cancellation, and refunds. Buyer is responsible for timely receipt, signature where required, carrier access, and prompt collection from an authorized pickup location.

13. ALL SALES FINAL; Limited Contractual Claims

CONSPICUOUS RETURN NOTICE: ALL SALES ARE FINAL. SELLER DOES NOT OFFER RETURNS OR EXCHANGES FOR CHANGE OF MIND, FIT, STYLE, COLOR PREFERENCE, BUYER’S REMORSE, LACK OF USE, EVENT CANCELLATION, DECORATING DECISIONS, SIZE EXPECTATIONS CONTRARY TO DISCLOSED MEASUREMENTS, OR BECAUSE A VINTAGE ITEM SHOWS DISCLOSED OR REASONABLY VISIBLE AGE-RELATED CHARACTERISTICS.

Seller’s limited contractual return procedure applies only to a timely, adequately documented claim of (i) a material objective misdescription, (ii) a material condition issue that was present at delivery and was not disclosed or reasonably visible in the listing, (iii) qualifying carrier damage, or (iv) a qualifying authenticity/material-attribution claim, as set out in the Return & Condition Claims Policy.

This contractual policy does not waive a remedy that applicable law makes non-waivable. Conversely, a statutory right applicable in a particular jurisdiction does not expand Seller’s voluntary return policy in jurisdictions where that statutory right does not apply.

14. Return Authorization; No Self-Help Returns

Buyer must not send a Product back without written Return Merchandise Authorization (“RMA”) instructions unless applicable law expressly gives Buyer an independent right to do so. An RMA is an administrative authorization to send an item for inspection; it is not an admission of defect, misdescription, liability, or refund entitlement.

Unless the RMA or mandatory law states otherwise, an authorized U.S. contractual return must be physically tendered to Seller’s approved carrier within two (2) business days after Seller issues the RMA or return label. An RMA expires if the Product is not timely tendered. Opening a claim, requesting an RMA, or receiving a label does not create a trial period, extend a use period, or authorize continued possession for use.

Seller may require use of a specified carrier, service level, insurance, signature, packaging method, or return address. Buyer bears risk for an unauthorized return or a return shipped contrary to RMA instructions to the extent permitted by law.

15. Return Condition; Diminished Value; Denial of Contractual Return

An authorized return must arrive as the identical Product in materially the same condition in which Seller delivered it, excluding only handling reasonably necessary to identify a timely claimed condition issue and any unavoidable change caused solely by the verified defect itself.

To the extent permitted by law, Seller may deny a voluntary/contractual refund or deduct proven diminished value where inspection shows post-delivery use, wear, damage, alteration, cleaning, odor, cosmetics, perfume, body oils, smoke, moisture, stains, new scratches, polishing, finish change, stretched fabric, clasp/pin stress, missing components, packaging loss that materially affects value, removed/tampered Security Devices, substitution, or other deterioration attributable to Buyer or a person for whom Buyer is responsible.

Where a mandatory withdrawal right applies, any deduction for diminished value will be made only as permitted by that law. Nothing in this Section converts a mandatory right into a voluntary return.

16. Verified Seller Error; Refund Method

If Seller determines after inspection that a Product materially failed to conform to a specific objective description or had a qualifying undisclosed material condition issue existing at delivery, Seller will provide the remedy required by applicable law and the Return & Condition Claims Policy. Where the law requires rescission/refund, Seller will refund the Product price and any other amounts the law requires after the Product is returned or after Seller receives legally sufficient proof of return, as applicable.

Seller may offer store credit, exchange, repair contribution, partial refund, or another accommodation only where lawful and mutually agreed or where it is purely voluntary. No voluntary accommodation establishes a course of dealing or changes the ALL SALES FINAL policy for other purchases.

17. Chargebacks and Payment Disputes

A payment dispute is not a substitute for the Return & Condition Claims Policy. Except where an unauthorized-payment claim, imminent card-network deadline, or applicable law reasonably requires immediate action, Buyer agrees to provide Seller written notice of the dispute and a reasonable opportunity to investigate before initiating a chargeback or payment-provider claim.

Buyer authorizes Seller, subject to the Privacy Policy and applicable law, to provide relevant transaction evidence to payment processors, card networks, banks, insurers, carriers, courts, and other dispute-resolution participants. Such evidence may include the accepted policy version, listing snapshot, payment and address verification, correspondence, shipment/delivery records, signature data, photographs/video, Security Device records, return inspection, and fraud-prevention information.

A knowingly false non-delivery, damage, substitution, unauthorized-payment, or return claim may constitute breach and may be referred to appropriate providers or authorities. Seller may seek actual losses, fees, costs, sanctions, or attorneys’ fees only to the extent awarded, contractually enforceable, or otherwise permitted by applicable law; no provision creates an unlawful penalty.

For avoidance of doubt, these Terms do not grant Seller a unilateral contractual entitlement to attorneys’ fees based solely on a Consumer’s breach. Seller preserves any right to seek attorneys’ fees, sanctions, costs, or other recoverable amounts under an applicable statute, court rule, sanction authority, final award/order, or other independently valid legal basis, including where law authorizes relief for fraud, bad-faith conduct, or abuse of process.

18. Refusal of Service; Return-Abuse and Fraud Prevention

Subject to applicable anti-discrimination and consumer-protection law, Seller may refuse or cancel future orders based on objectively documented transaction risk, including repeated unsupported claims, confirmed product substitution, tampering with Security Devices, fraudulent payment activity, materially false non-delivery claims, abusive chargebacks, attempts to evade account restrictions, or repeated misuse of contractual return procedures.

Seller may retain and use transaction and claim records for fraud prevention, chargeback defense, legal claims, accounting, and compliance as described in the Privacy Policy. Seller will not deny service for an unlawful discriminatory reason or retaliate against a Buyer merely for exercising a lawful non-waivable consumer right in good faith.

19. Refused Delivery; Unclaimed or Abandoned Goods

Buyer must not refuse delivery as a method of return unless Seller instructs Buyer to do so or applicable law gives Buyer that right. If a Product is returned because Buyer supplied an incorrect address, failed to collect it, refused an otherwise conforming delivery without authorization, failed to pay destination charges for which Buyer was responsible, or otherwise caused an avoidable return, Seller may recover reasonable actual shipping, storage, carrier, customs, and handling losses to the extent permitted by law before reshipment or any voluntary credit.

If Seller physically holds Buyer-owned property after an unauthorized return or failed delivery, Seller will provide any notice required by applicable law before treating property as abandoned, charging lawful storage, or exercising any other remedy. Nothing authorizes forfeiture contrary to law.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST OPPORTUNITY, LOSS OF USE, EVENT COSTS, STYLING COSTS, PHOTOGRAPHY COSTS, OR LOSS OF EXPECTED APPRECIATION OR RESALE VALUE, ARISING FROM A PRODUCT OR TRANSACTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER’S AGGREGATE LIABILITY ARISING FROM A PARTICULAR PRODUCT TRANSACTION WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO SELLER FOR THAT PRODUCT, EXCLUDING AMOUNTS PAID DIRECTLY TO THIRD PARTIES.

The foregoing limitations do not apply to liability that cannot lawfully be limited, including where applicable death or personal injury caused by legally actionable conduct, intentional misconduct or fraud by Seller, or gross negligence to the extent a jurisdiction prohibits limitation of such liability. If a limitation is unenforceable, it will be enforced to the maximum lawful extent rather than invalidating the remainder of these Terms.

21. Contractual Limitations Period

To the maximum extent permitted by New York UCC § 2-725 and other applicable law, any action for breach of a contract for sale of goods or breach of warranty arising from a Product transaction must be commenced within one (1) year after the cause of action accrues, except where applicable law prohibits that reduction or provides a non-waivable longer period.

For claims not governed by UCC § 2-725, the parties agree to the shortest limitations period that may lawfully and reasonably be agreed under applicable law, but no provision shortens a non-waivable statutory period. Nothing alters legally applicable tolling rules or revival statutes.

22. Governing Law; CISG; Mandatory Consumer Law

Except for matters governed by federal law and except to the extent mandatory non-waivable law requires otherwise, these Terms and each U.S. transaction are governed by the laws of the State of New York, without regard to conflicts-of-law rules that would require application of another jurisdiction’s law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded to the maximum extent permitted.

For a Consumer outside the United States, the International Consumer Rights Rider applies. A choice of New York law does not deprive a Consumer of mandatory protection that applicable conflict-of-laws rules make non-waivable.

23. Mandatory Pre-Dispute Notice

Before filing litigation (other than a qualifying small-claims matter or urgent request for provisional relief), the initiating party must send a written Notice of Dispute describing the claimant, order number, relevant facts, legal/contractual basis, specific relief requested, and a reasonable calculation of monetary relief. Notice to Seller must be sent to [LEGAL NOTICE EMAIL — TO BE COMPLETED] and [BUSINESS ADDRESS — TO BE COMPLETED]. Seller may send notice to Buyer’s last provided email and mailing address.

The parties will attempt in good faith to resolve the dispute for thirty (30) days after receipt. This process is intended to permit a genuine individualized resolution. Applicable limitation periods will be tolled during this 30-day period only to the extent enforceable and necessary to prevent the process itself from expiring a claim.

24. Consumer Venue; Business-Buyer Exclusive Forum; Small Claims; Provisional Relief; Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED AND RIGHTS TO A JURY TRIAL.

Consumer Venue. To the extent New York CPLR § 514 applies to a Consumer transaction involving consumer goods, nothing in these Terms designates, restricts, or limits the venue in which a claim may be adjudicated. Any such court action may be brought in a court and venue permitted by applicable law, subject to lawful subject-matter jurisdiction, personal jurisdiction, and procedural requirements.

Business-Buyer / Non-§ 514 Forum. For a Business Buyer, or for a transaction or claim outside the scope of CPLR § 514, except for a qualifying individual small-claims action and except where non-waivable law requires another forum, any action or proceeding arising out of or relating to these Terms, the Website, a Product, an order, payment, delivery, return, claim, or the parties’ relationship must be brought exclusively in the state courts located in New York County, New York or, where federal subject-matter jurisdiction exists, the United States District Court for the Southern District of New York. For those Business-Buyer/non-§ 514 matters, each party consents to personal jurisdiction there and, to the maximum extent permitted by law, waives any objection based on improper venue or forum non conveniens. This is a written agreement fixing venue for purposes of New York CPLR § 501 only to the extent CPLR § 514 and other applicable law permit.

Small Claims; Provisional Relief. A qualifying individual small-claims action may be brought in a court having lawful small-claims jurisdiction. A party may also seek temporary or provisional relief in another court having jurisdiction over the person or property when reasonably necessary to preserve property, evidence, intellectual property, or the status quo; such an application does not change the venue rules applicable to resolution of the merits.

JURY TRIAL WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM, OR DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, A PRODUCT, AN ORDER, PAYMENT, DELIVERY, RETURN, CLAIM, OR THE PARTIES’ RELATIONSHIP. THIS JURY WAIVER IS SEPARATE FROM, AND DOES NOT DESIGNATE, RESTRICT, OR LIMIT, THE VENUE OF A CONSUMER-GOODS CLAIM. THIS WAIVER DOES NOT APPLY WHERE APPLICABLE LAW MAKES THE WAIVER UNENFORCEABLE.

Each party will bear its own attorneys’ fees unless a statute, court rule, sanction rule, enforceable fee-shifting agreement, or final court order provides otherwise.

25. Business Buyers

A Business Buyer acknowledges that the purchase is commercial. To the maximum extent permitted by law, consumer-only statutory rights and consumer withdrawal rights do not apply to a Business Buyer. The forum-selection and jury-waiver provisions of Section 24 apply to a Business Buyer unless Seller and that Business Buyer enter a separate signed written dispute-resolution agreement.

26. Severability; No Waiver; Assignment; Entire Agreement

If any provision is held invalid or unenforceable, it will be severed or narrowed to the minimum extent necessary, and the remainder will remain effective, except where applicable non-waivable law requires a different result.

Seller’s delay or failure to enforce a provision is not a waiver. Buyer may not assign a purchase contract or claim arising from it without Seller’s written consent except where law prohibits such restriction. Seller may assign these Terms in connection with a merger, reorganization, sale of assets, or transfer of the business, subject to applicable law.

The accepted Terms, incorporated policies, Product listing, order confirmation, and any Product-specific signed written agreement constitute the entire agreement concerning the transaction and supersede prior inconsistent discussions. Amendments to an already formed order contract require mutual agreement except for changes mandated by law or changes that do not adversely alter that existing transaction.

27. Language

The English version is the controlling contractual version to the maximum extent permitted by law. Any translation is provided for convenience and accessibility. Where applicable law requires a controlling local-language disclosure or prohibits an English-control clause, that mandatory rule governs.

28. Contact

Legal notices: [LEGAL NOTICE EMAIL — TO BE COMPLETED]

Business address: [BUSINESS ADDRESS — TO BE COMPLETED]

Website: vintage.mcautumn.us