Terms of service

OVERVIEW

Welcome to our Fourth Cone Restoration Shop! The Fourth Cone Restoration Shop is operated by Fourth Cone Restoration LLC, a California limited liability company. Throughout these Terms of Service, the terms “Fourth Cone Restoration,” “we,” “us,” and “our” refer to Fourth Cone Restoration LLC.

Fourth Cone Restoration 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”). Fourth Cone Restoration Shop 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, purchasing from, or otherwise 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 the 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, province, or jurisdiction of residence, and that 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 certain portions of the Services, including purchasing products, you may be asked to provide information such as your email address, billing information, payment information, 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 such 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 reasonable efforts to accurately represent and describe the products offered through Fourth Cone Restoration Shop. However, colors, tones, textures, and other aspects of a product's appearance may differ from how they appear on your screen due to photography, lighting, display settings, device type, and other factors.

Many products offered through Fourth Cone Restoration Shop are original vintage, antique, collectible, or otherwise unique items. These items may exhibit signs of age, previous use, handling, storage, repairs, restoration, conservation treatment, wear, discoloration, creases, folds, tears, staining, or other condition characteristics consistent with their age and history.

We make reasonable efforts to photograph and describe each item accurately, including known or visible condition issues that we consider relevant. However, photographs and descriptions may not identify every minor imperfection or condition characteristic. You are responsible for reviewing all photographs, descriptions, dimensions, and available condition information before completing your purchase.

If you have questions about the condition, appearance, dimensions, or other characteristics of an item, we encourage you to contact us before purchasing.

All descriptions of products are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit quantities or availability by 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. Fourth Cone Restoration reserves the right to accept, decline, modify, or cancel an order when reasonably necessary, including in the event of pricing or inventory errors, suspected fraud, payment issues, or other circumstances affecting our ability to fulfill the order.

An order is not accepted until we have received and processed payment and confirmed acceptance of the order.

Please review your order carefully before submitting it.

Cancellation requests submitted before an order has shipped will be considered on a case-by-case basis and are not guaranteed. Once an order has shipped, it cannot be canceled.

Returns, exchanges, cancellations, and refunds are governed by our Refund Policy, which is incorporated into these Terms by reference.

SECTION 4 — RESTORATION QUOTE REQUESTS

Certain original posters or other items may provide the option to select “Request Restoration Quote” at the time of purchase.

Selecting “Request Restoration Quote” does not constitute authorization for Fourth Cone Restoration to perform restoration or conservation services and does not obligate you to proceed with any recommended services.

If you select this option, the purchased item will remain with Fourth Cone Restoration while we assess the piece and prepare a restoration quote.

If you approve the restoration quote and elect to proceed with restoration services, the shipping and handling amount paid with your original purchase will be credited toward your restoration services invoice.

If you decide not to proceed with restoration, the item will be shipped to you using the shipping method selected at checkout.

Any restoration or conservation services subsequently authorized by you are separate from the original retail purchase and will be governed by Fourth Cone Restoration's applicable restoration Terms and Conditions and any other agreements or authorizations associated with those services.

SECTION 5 — 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 at the time the order is placed and will be reflected in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping and handling charges, customs duties, import charges, or other fees that may apply.

Prices offered through Fourth Cone Restoration Shop may differ from prices offered through other sales channels or third parties.

We may periodically offer promotions or discounts governed by terms separate from these Terms. If there is a conflict between the terms of a specific 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, billing, and account information for all purchases.

You represent and warrant that the payment information you provide is true, correct, and complete; that you are authorized to use the payment method provided; and that you will pay all charges incurred in connection with your purchase, including applicable shipping and handling charges and taxes.

SECTION 6 — SHIPPING AND DELIVERY

Shipping and handling charges are calculated at checkout based on the applicable shipping method, destination, size or characteristics of the item, and other relevant factors.

All shipping and delivery times are estimates only and are not guaranteed. Fourth Cone Restoration is not responsible for delays caused by shipping carriers, customs processing, weather, service interruptions, or other circumstances outside of our reasonable control.

Orders are shipped with insurance and will require a signature upon delivery. Customers are responsible for providing complete and accurate shipping information.

Shipping, delivery, shipping damage, and related matters are further governed by our Shipping Policy and Refund Policy, which are incorporated into these Terms by reference.

SECTION 7 — INTELLECTUAL PROPERTY

The Services and their content, including but not limited to trademarks, trade names, logos, branding, text, written materials, educational content, graphics, photographs, product photographs, restoration photographs, before-and-after images, videos, audio, designs, displays, and the selection and arrangement thereof, are owned by Fourth Cone Restoration LLC, its affiliates, or its licensors, as applicable, and are protected by applicable United States and international intellectual property laws.

These Terms permit you to access and use the Services for your personal, non-commercial use only.

Unless expressly authorized by Fourth Cone Restoration in writing, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, license, sell, exploit, or otherwise use any material from the Services for commercial or other unauthorized purposes.

Nothing in these Terms grants you any license or other rights in any trademark, copyright, patent, or other intellectual property belonging to Fourth Cone Restoration, Shopify, or any third party except as expressly stated.

The names “Fourth Cone Restoration” and “Fourth Cone Restoration Shop,” associated logos, product and service names, designs, and slogans are trademarks or trade names of Fourth Cone Restoration LLC, as applicable, and may not be used without our prior written permission.

All other trademarks appearing through the Services belong to their respective owners.

SECTION 8 — OPTIONAL TOOLS

We may provide access to tools or functionality offered by third parties that we do not monitor and over which we may have limited or no 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.

Your use of optional third-party tools is at your own risk and discretion, and you are responsible for reviewing and agreeing to any terms applicable to those tools.

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

SECTION 9 — THIRD-PARTY LINKS

The Services may contain materials, functionality, or links to websites operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, policies, practices, products, or services of third-party websites.

If you access a third-party website or service, you do so at your own risk. You should carefully review the third party's policies and terms before engaging in a transaction.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 10 — RELATIONSHIP WITH SHOPIFY

Fourth Cone Restoration Shop is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through Fourth Cone Restoration Shop are made directly with Fourth Cone Restoration LLC.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Fourth Cone Restoration LLC, including any injury, damage, or loss resulting from purchased products and services.

You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Fourth Cone Restoration LLC to the extent permitted by applicable law.

SECTION 11 — PRIVACY POLICY

Personal information we collect through the Services is governed by our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve its services. Certain personal information may therefore also be subject to Shopify's applicable privacy policies.

Information submitted through the Services may be transmitted to and shared with Shopify and other service providers as necessary to provide the Services. Please review our Privacy Policy for additional information about how personal information is collected, used, and disclosed.

SECTION 12 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content relating to the Services (“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 purposes related to operating, improving, or promoting the Services.

You represent and warrant that you own or otherwise have the necessary rights to provide any Feedback you submit and that your Feedback does not violate the rights of any third party or applicable law.

We have no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback unless otherwise required by law or separately agreed in writing.

SECTION 13 — ERRORS, INACCURACIES, AND OMISSIONS

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

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel affected orders when reasonably necessary, including after an order has been submitted, subject to applicable law.

SECTION 14 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to violate any applicable law or regulation; infringe upon the intellectual property or other rights of Fourth Cone Restoration or any third party; transmit malicious code; engage in fraud or deceptive activity; harass or harm another person; transmit false or misleading information; collect personal information about others without authorization; send spam or other unauthorized solicitations; impersonate another person or entity; interfere with the operation or security of the Services; or engage in conduct that restricts or inhibits another person's use of the Services.

You may not reproduce, duplicate, copy, extract, sell, resell, scrape, or exploit any portion of the Services without our prior written authorization.

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

SECTION 15 — AGENTS AND AUTOMATED ACCESS

No autonomous or semi-autonomous software, artificial intelligence agent, bot, scraper, or other automated system (“Agent”) may access, use, or interact with the Services in a manner that conceals or misrepresents its automated nature, circumvents security or access controls, bypasses CAPTCHAs or similar safeguards, or otherwise violates these Terms.

We may restrict or prevent automated access to the Services at our discretion.

SECTION 16 — TERMINATION

We may terminate or restrict your access to the Services, or any portion thereof, when reasonably necessary, including in connection with a violation of these Terms.

You will remain responsible for amounts properly due through the date of termination.

Provisions that by their nature should survive termination, including provisions concerning intellectual property, limitation of liability, indemnification, governing law, and other accrued rights and obligations, will survive termination.

SECTION 17 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” except as expressly stated by Fourth Cone Restoration.

We do not guarantee that access to the Services will be uninterrupted, timely, secure, or error-free.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OR CONDITIONS NOT EXPRESSLY PROVIDED BY US, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

Some jurisdictions do not permit certain warranty exclusions or limitations. Accordingly, some of the foregoing exclusions may not apply to you, and nothing in these Terms is intended to limit rights that cannot lawfully be waived or limited.

SECTION 18 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOURTH CONE RESTORATION LLC, ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, 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 PURCHASED THROUGH THE SERVICES.

Nothing in these Terms excludes or limits liability to the extent such liability cannot be excluded or limited under applicable law.

SECTION 19 — INDEMNIFICATION

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

SECTION 20 — SEVERABILITY

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

SECTION 21 — WAIVER; ENTIRE AGREEMENT

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

These Terms, together with the policies and operating rules referenced herein, constitute the agreement between you and Fourth Cone Restoration LLC governing your use of the Services and purchases through Fourth Cone Restoration Shop, except where a separate written agreement expressly governs a particular service or transaction.

For clarity, restoration and conservation services authorized after a retail purchase may be subject to separate restoration Terms and Conditions, treatment authorizations, estimates, or other agreements. In the event of a conflict concerning those restoration or conservation services, the applicable separate agreement will govern those services.

SECTION 22 — ASSIGNMENT

You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent.

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

SECTION 23 — GOVERNING LAW

These Terms of Service and your use of the Services will be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles, except to the extent otherwise required by applicable law.

Any dispute arising out of or relating to these Terms or the Services will be subject to the jurisdiction of the appropriate state or federal courts located in California, subject to any rights or venue requirements that cannot lawfully be waived.

SECTION 24 — HEADINGS

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

SECTION 25 — CHANGES TO TERMS OF SERVICE

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

We reserve the right to update, change, or replace portions of these Terms by posting revised Terms through the Services. When required by applicable law, we will provide notice of material changes.

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

SECTION 26 — CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

Fourth Cone Restoration LLC
7836 Alabama Avenue
Canoga Park, California 91304
United States
Email: info@fourthconerestoration.com

Additional contact information may be available through our website.