Terms and Conditions

Terms and Conditions of Service

These Terms and Conditions ("Terms") govern the provision of repair and restoration services by Leather Surgeons Inc. (“LSI” also "we, us, or our") to you ("Customer" or "you"). These Terms and Conditions apply to the repair and restoration of leather handbags and accessories and to any other item submitted by Customer for repair, restoration, fabrication customization, evaluation, or authentication (collectively, “Services”).  By engaging our services, you acknowledge that you have read, understood, and agreed to the following terms:

 

Scope of Services

LSI specializes in the repair and restoration of leather handbags and accessories. While we strive to provide the best possible results, it is important to understand that leather repair is a complex process, and there may be tradeoffs and compromises involved when repairing your goods.  We will try to advise you of those potential compromises and tradeoffs in advance, but sometimes that is not possible.  LSI will make every reasonable effort to restore your item.  By submitting your goods for repair, you acknowledge that there is no guarantee that the repaired item will be identical to the original condition and that certain limitations and imperfections may persist despite our skilled craftsmanship.  LSI reserves the right to decline to repair or restore any goods submitted.

 

Pricing

Pricing of your Services is based on information you have provided.  If the repair process reveals that other Services (not caused by the negligence of LSI) are needed, we will contact you and provide an estimate for the additional repairs.  If you decline to have the additional repairs made, we reserve the right to return your item to you at your expense without completing any of the Services.  If your item/Service is not as described when submitted, we reserve the right to cancel the repair and return the item to you.   If no Service has been performed for your item or if you cancel the order before any work is performed, your item will be returned to you and you will be responsible for any shipping costs and any potential duties.

 

Non-Transferability of Quotes/Estimates

Our quotes/estimates are non-transferable. Quotes/estimates will be honored for 30 days from the date written, provided the condition of the item has not changed from the time it was quoted. LSI may, in its sole discretion, honor a quote/estimate beyond the 30-day limitation. Changes to a quote or estimate may be necessary, but you will be informed of those changes before work is performed.  You may not resell our Services without our express written agreement.

 

Payments

All payments must be made by credit card unless LSI has agreed, in writing, to an alternate form of payment for your order. You must submit valid credit card information.  Your card will be charged when the work is completed and prior to shipment.  You agree that you will not seek to reverse any charges. 

 

Inability to Complete Service

In the event that, due to unforeseen circumstances or any other reason, LSI is unable to complete the requested service, we will return the item(s) to you promptly.  You agree to be responsible for any costs incurred by LSI in returning the item(s) to you      including, but not limited to, shipping or handling fees.

 

Authenticity

LSI reserves the right to refuse to perform services on any item it deems to be inauthentic, a copy, a knock-off, modified from its original design, or that has been previously restored by another source.  LSI shall return the item to the Customer at the Customer’s expense.  Performing work on an item is not an endorsement of its authenticity by LSI. Customer shall make no representations that LSI has authenticated and item and Customer shall indemnify and hold LSI harmless for all costs, expenses and damages arising out of Customer’s misrepresentations regarding authenticity or services performed by LSI on an item.  LSI may, in its sole discretion, provide authentication services which will be subject      to a separate agreement as described below     

 

Assessment of Authenticity

Any assessment of authenticity we offer is exclusively our opinion based on our knowledge and experience. LSI does not represent any of the brands whose items may be assessed and LSI’s assessment is not binding on any of those manufacturers.  LSI is not liable for any losses due to disagreements relating to our assessment of authenticity or any decisions based on our assessments. You agree to indemnify and hold LSI, its owners and employees harmless for all damages incurred, including reasonable attorneys’ fees for any claim or action brought against LSI arising out of any dispute related to the authenticity of any item submitted by you.

 

Results and Warranties

While we do our best to ensure customer satisfaction, due to the nature of restorations, we do not offer any warranty or guarantees for our services or how long results can be expected to last.  The Customer is responsible to inspect any items when returned by LSI and raise any complaints within 10 days of receipt of the repaired item. You agree to allow LSI 60 days to address any concerns before taking further action regarding your dissatisfaction with our services. LSI is not responsible for any claims that our services voided or violated the warranty of any item or affected the authenticity of any item whether actual or perceived.

 

LIMITATION ON LIABILITY –WEBSITE USE

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LSI OR ITS OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, IN NO EVENT SHALL LSI’s LIABILITY EXCEED THE LESSER OF (A) THE AMOUNT(S) PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM; OR (B) ONE THOUSAND DOLLARS ($1,000.00). 

LIMITED WARRANTY AND DISCLAIMER

LSI SHALL PERFORM ALL SERVICES CONSISTENT WITH INDUSTRY STANDARDS FOR REPAIR OF LUXURY LEATHER PRODUCTS.  LSI MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE COMPLETION DATE, THE TIMELINESS OF COMPLETION, OR THE VALUE OF ANY ITEM AFTER IT HAS BEEN REPAIRED. LSI SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  LSI SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.  IN NO EVENT SHALL ANY LIABILITY OF LSI EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE SERVICES OR ONE THOUSAND DOLLARS ($1000.00), WHICHEVER IS LESS.  LSI MAKES NO GUARANTEE OF THE VALUE (OR AGAINST THE LOSS OF VALUE) OF THE ITEM AFTER THE SERVICES HAVE BEEN COMPLETED.

 

Shipping Insurance and Label Terms

Once you have received an estimate from LSI, you may select a shipper of your choice or send your item via the Shipnerd link that we will email to you.  Your item is returned via Shipnerd to the address you submitted when you created your original shipping label.  

 

Please note that while we offer the option to purchase shipping insurance through our system, LSI is not the provider of that insurance. Any payout or insurance claim is subject to the terms and discretion of the insurance provider, and LSI cannot be held responsible for the outcome. Similarly, when purchasing shipping labels through LSI, please be aware that we are not the shipping company itself. The terms and conditions governing the label and delivery are solely determined by the shipping company.

 

We advise you to familiarize yourself with the terms and conditions of Shipnerd (the company through which labels are purchased) (https://www.shipnerd.com/tos), UPS/Fedex/DHL (the company responsible for deliveries, depending on your label) (https://www.ups.com/us/en/support/shipping-support/legal-terms-conditions.page http://www.fedex.com/services/terms/ https://mydhl.express.dhl/ba/en/legal/terms-and-conditions.html), and Cabrella (the optional insurance provider) (https://onship.ecabrella.com/register/Terms/15).

 

LSI shall not be held liable for any damage or loss that occurs outside of our facility, including, but not limited, to damage or loss during transit to and from our location. LSI cannot guarantee delivery dates or that the chosen shipping options are followed by the delivery company (i.e. signature required). You acknowledge and agree that any claims or disputes arising from such damage or loss shall be directed to the responsible party (e.g., shipping carrier) and not to LSI.

 

Handling of Additional Items

We are not responsible for any items sent along with the item to be repaired (such as dust sacks, accessories, or personal effects left inside the item).  You should check each item for personal effects and be sure not to send any original packing or dust bags that you want to keep in the future.

 

Use of Product Photos/User Content

By providing photos to LSI, you grant us the right and license to use, reproduce, modify, display, or incorporate User Content for marketing and demonstration purposes. User Content is any photo, video, testimonial, comment, review, or communication of any nature whatsoever that you transmit to our website. This may include sharing the photos on our website, social media, or in collaboration with partner companies for marketing campaigns or journalistic articles. The license is non-exclusive, perpetual, irrevocable royalty-free, and fully transferable.  You represent that you own the rights to the User Content or are authorized to submit it to us.

If you have concerns about the use of specific photos, please contact us to discuss your preferences.

 

Indemnification

Customer agrees to defend, indemnify and hold harmless, LSI, its owners, officers, employees, agents and representatives and their respective heirs, administrators, executors, successors and assigns of and from any and all claims, suits, actions, damages, liabilities, judgments, costs, expenses, levies, fees (including reasonable attorney’s fees) arising out of or related to (a) Customer’s use of LSI’s services; (b) Customer’s violation of these terms and conditions; or (c) any claim brought by any third party related to Customer’s use of the item or representations made by Customer regarding the Services.

 

Mediation

You and LSI agree that you will make a good faith effort to resolve any dispute between you by submitting to mediation at JAMS, Inc. in Philadelphia, Pennsylvania or to a mediator mutually agreed upon by the parties.  The cost of mediation shall be shared equally between you and LSI.  Notwithstanding the above, LSI is not required to submit a demand for payment or any billing dispute to mediation.

 

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflict of laws principles. Any disputes with LSI or these Terms shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Bucks County Pennsylvania. You specifically consent to the jurisdiction and venue of these courts.

 

Health and Safety

LSI utilizes various products and materials during the repair and restoration process. LSI is unaware of any potential health issues that may      arise from exposure to these products once we have completed the Services and returned your item to you.  If you have a particular sensitivity to a particular product, please let us know. By engaging our services, you waive any liability claims against LSI regarding potential health issues that may arise in the future as a result of exposure to the products used during the repair and restoration process.

 

Force Majeure

LSI shall not be liable for any delay or failure to perform due to any external cause beyond its reasonable control, including without limitation, fire, flood, accident, acts of public disruption, war, rebellion, labor disputes, strikes or labor unrest, insurrection, sabotage, transportation delays, shortage of materials, shortage of energy or equipment, pandemic, acts of God, or acts of the government.  A force Majeure event shall not relieve the Customer of your payment obligations.

 

By engaging our services, you confirm that you have read and understood these Terms and Conditions, and you agree to be bound by them. These Terms and Conditions constitute the entire agreement between LSI and the customer, superseding any prior agreements or understandings, whether written or oral.  LSI reserves the right to make changes to these Terms and Conditions at any time and in the sole discretion of LSI.  Any changes shall be effective at the earlier of the delivery of any direct notification to you or the posting of said modifications on the website.

 

DATE: 9/28/23