Terms of service

Terms of Service

OVERVIEW

Welcome to AtopTheTables! The terms "we," "us" and "our" refer to AtopTheTables LLC. AtopTheTables LLC operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). AtopTheTables is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to represent and describe our products accurately, including their appearance, identifying characteristics, measurements and condition. However, colors and other visual characteristics may appear differently depending upon the device, display settings and configuration used to view our store.

Much of the merchandise offered by AtopTheTables is vintage, previously owned, collectible, handmade or otherwise unique. Age-related characteristics such as minor wear, variations in finish, manufacturing irregularities, crazing, patina and other evidence of age or previous ownership may be present and are not necessarily considered defects. We make reasonable efforts to identify and describe significant condition issues in individual product listings.

Measurements are provided as accurately as reasonably possible but should be considered approximate unless expressly stated otherwise.

Because many of our products are vintage, collectible or one of a kind, quantities may be limited to a single available item. Availability cannot be guaranteed until an order has been accepted.

All descriptions of products are subject to correction or change when necessary. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. AtopTheTables reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until AtopTheTables confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Cancellation requests are subject to our cancellation rules and may not be possible after an order has been fulfilled or shipped.

If we do not accept an order, or if we need to change or cancel an order, we will attempt to notify you using the email address, billing information and/or telephone number provided with the order.

Purchases are subject to our Return and Refund Policy.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect when the order is placed and will appear in your order confirmation. Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping or handling charges.

Prices offered through AtopTheTables may differ from prices for merchandise offered by us through other sales channels or marketplaces. We may offer promotions from time to time that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a particular promotion and these Terms, the terms of the promotion will govern with respect to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for purchases made through our store. You agree to promptly update information as necessary so that we can complete transactions and contact you regarding your order.

You represent and warrant that payment information you provide is accurate, that you are authorized to use the payment method provided, and that charges incurred will be honored by the applicable payment provider.

SECTION 5 - SHIPPING AND DELIVERY

Orders are processed and shipped in accordance with our Shipping Policy.

Delivery dates and transit times provided by AtopTheTables or a shipping carrier are estimates and are not guaranteed. We are not responsible for carrier delays, weather events, service interruptions or other circumstances outside our reasonable control.

If tracking appears stalled or a shipment is unusually delayed, please contact us so that we can initiate an inquiry with the shipping carrier when appropriate.

If a carrier determines that a shipment has been lost and cannot be located, we will resolve the matter in accordance with our Shipping Policy.

If an item arrives damaged, please contact us within the period specified in our Shipping Policy and retain the item, shipping carton, shipping label and all packing materials. Photographs and, in some circumstances, carrier inspection of the item and packaging may be required to document a shipping claim.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, original images, graphics, product reviews, video, audio and the design, selection and arrangement thereof, are owned by AtopTheTables, its affiliates or licensors, as applicable, and are protected by applicable U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent, except as otherwise permitted by law.

Nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property belonging to AtopTheTables, Shopify or any third party. Unauthorized use of the Services may violate federal or state intellectual property laws. All rights not expressly granted herein are reserved.

AtopTheTables names, logos, product or service names, designs and slogans are trademarks or other intellectual property of AtopTheTables or its affiliates or licensors, as applicable. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names, logos, product and service names, designs and slogans appearing through the Services may be trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that access to such tools is provided "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is at your own risk and discretion. You should familiarize yourself with and approve the terms under which the applicable third-party provider offers those tools.

We may in the future offer new features through the Services, including new tools and resources. Such features shall also be deemed part of the Services and subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content available through third-party websites. Please carefully review the third party's policies and practices before engaging in a transaction. Questions or concerns regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

AtopTheTables is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with AtopTheTables. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and AtopTheTables, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with AtopTheTables.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services. Information submitted through the Services may be transmitted to and shared with Shopify and other service providers, including providers that may be located in countries other than the country in which you reside, as necessary to provide the Services. Please review our Privacy Policy for additional information about how personal information is handled.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any lawful purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to Feedback you provide; that you have disclosed any compensation or incentives received in connection with your submission when required; and that your Feedback complies with these Terms.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our discretion is unlawful, offensive, threatening, libelous, defamatory, obscene, infringing or otherwise objectionable or violates these Terms.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You may not use a false email address, impersonate another person or otherwise mislead us or third parties concerning the origin of Feedback. You are responsible for Feedback you provide and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, condition, measurements, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders when information is materially inaccurate, including after an order has been submitted, subject to applicable law. If an order is canceled under these circumstances after payment has been collected, the applicable payment will be refunded.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly, to violate applicable laws or regulations; infringe intellectual property or other rights; harass, abuse, threaten, defame or harm another person; transmit false or misleading information; distribute spam or other unauthorized solicitation; impersonate another person or entity; introduce malicious code; interfere with the operation or security of the Services; improperly collect personal information belonging to others; or engage in conduct that restricts or inhibits another person's lawful use of the Services.

You may not reproduce, duplicate, copy, extract or exploit portions of the Services except as expressly permitted by these Terms or applicable law.

You may not use automated systems, robots, spiders, scraping or data-extraction tools, or other automated means to access the Services in a manner prohibited by these Terms or designed to bypass measures used to protect or manage the Services.

We reserve the right to suspend, disable or terminate access to the Services when we reasonably determine that these Terms have been violated.

SECTION 14 - AGENTS

This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and that can operate without direct supervision.

No Agent may access, use or interact with the Services unless it identifies itself and operates in accordance with applicable requirements. No Agent may access or interact with the Services if we have requested that the Agent refrain from doing so.

We may limit, including through technical measures, whether and how an Agent accesses, uses or interacts with the Services.

Agents must identify themselves appropriately in requests; must not conceal or obfuscate automated access by mimicking human behavior or circumventing measures intended to distinguish computers from humans; must respond truthfully to requests seeking to determine whether an interaction originates from a human or computer; and must not circumvent measures intended to block, limit, modify or control automated access.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our discretion when permitted by applicable law, and you will remain liable for amounts properly due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law and Privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available for general informational purposes. While we make reasonable efforts to provide accurate information, we do not warrant the completeness or usefulness of information except as expressly required by applicable law.

EXCEPT AS EXPRESSLY STATED BY ATOPTHETABLES OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ATOPTHETABLES, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR SIMILAR DAMAGES, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited.

SECTION 18 - INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless AtopTheTables, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party losses, damages, liabilities or claims, including reasonable attorneys' fees, arising from your material breach of these Terms, your violation of applicable law or the rights of a third party, or your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim. Failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such a claim at your expense, including choice of counsel, but will not agree to a settlement requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You agree to reasonably cooperate in the defense of indemnified claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and any unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us concerning the Services constitute the entire agreement and understanding between you and us concerning your use of the Services and supersede prior or contemporaneous agreements, communications and proposals concerning the same subject matter.

Any ambiguities in the interpretation of these Terms shall not automatically be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or your rights or obligations under them without our prior written consent, and any unauthorized attempt to do so will be void.

We may transfer, assign or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and applicable federal law, without regard to conflict-of-law principles.

To the extent permitted by applicable law, you and AtopTheTables consent to venue and personal jurisdiction in the state and federal courts having jurisdiction over Pottstown, Pennsylvania.

SECTION 23 - HEADINGS

Headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change or replace portions of these Terms by posting updates to our website. When required by applicable law, we will provide notice of material changes. Changes will become effective as stated in the applicable notice or, when no notice is legally required, when posted.

Your continued use of or access to the Services following the effective date of changes constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service may be sent to us at wayne@atopthetables.com.

AtopTheTables LLC
1023 E High St
Pottstown, PA 19464
United States

Email: Wayne@AtopTheTables.com
Telephone: 610-659-7878