Terms and Conditions

THE ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW CONSTITUTE THE EXPRESSION OF ALL OF THE TERMS OF THIS AGREEMENT AND A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND PlankedTop, LLC.

CONTACT: contact@plankedtop.com, 2118 Wilshire Blvd., Suite 461, Santa Monica, California 90403-5784

OVERVIEW. This website is operated by PlankedTop, LLC ("PlankedTop"). Throughout the site, the terms “we”, “us” and “our” refer to PlankedTop. PlankedTop offers this website, including all information, tools and Services available from this site to you, the user/customer, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our (“Service”) and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

PRICING. Prices are subject to change without notice.  PlankedTop prices do not include shipping, local delivery, installation, cartoning, crating, packing or unpacking, insurance, storage or sales tax.

PAYMENT. Payment for goods purchased hereunder shall be paid in full, order and payment shall be made in U.S. funds unless otherwise agreed to in writing by PlankedTop. No discount will be allowed unless specifically set forth in the order description or on Customer’s order form. Until the purchase price and all other sums due pursuant hereto are paid in full, PlankedTop retains a security interest for the materials and products described on Customer’s order form (herein sometimes referred to as “goods”) and in all proceeds of the sold goods. PlankedTop and the customer agree that the forfeiture of payments and the liquidation of the produced goods as described above is a reasonable method of compensation for damages which may be incurred by PlankedTop as a consequence of the customer's breach of the terms and conditions of sale.

TAXES. Unless otherwise specifically provided on the face hereof, the price for the goods purchased is not and does not include sales and use, excise or similar taxes whether federal, state or local. The amount of any such taxes applicable to the goods shall be the sole responsibility of and paid by the Customer.

LIMITED WARRANTY. PlankedTop warrants that the goods will be free from defects in material and workmanship upon the delivery to the customer for one (1) year from the date of delivery. If any goods are found by PlankedTop to be defective, PlankedTop at its discretion will replace such goods, repair at the PlankedTop’s expense (including but not limited to return shipping to and from the Customer, labor to repair, and materials needed to repair the goods), or credit the Customer for the purchase price of goods. The Customer will be responsible for preparing the item to be return shipped to an acceptable shipping condition according to the company it is shipping through, including but not limited to re-boxing the item in the original packaging and giving the item to the transportation company when they come to pick up the goods.

This Limited Warranty does not cover damage due to shipping or handling, improper installation or repair, repair by an unauthorized company, misuse, abuse, neglect or unreasonable use. This Limited Warranty does not apply to damage resulting from normal "wear and tear"; damage due to exposure to the sun, wind or rain, or from extreme or rapid changes in temperature or humidity; damage due to burns or pet damage; or damage due to contact with sharp or rough objects or any foreign substance. Use of improper cleaning materials, stain treatment, or other chemical treatments voids this Limited Warranty.

This Limited Warranty does not apply to variations in wood color, stain color, paint color, pits, knots or wood grain, or to shrinking, swelling or splitting due to humidity or moisture or the lack of humidity or moisture. When a PlankedTop product is incorporated or attached to a customer's existing product, PlankedTop will not be responsible for any problems due to the construction of the customer's existing piece or the parts that PlankedTop has not fabricated.

CUSTOMER AGREES THAT PlankedTop SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SECONDARY OR CONSEQUENTIAL DAMAGES OR FOR THE DAMAGE, INJURY, OR LOSS OF LIFE, PROPERTY OR REVENUE, WHETHER BASED ON CONTRACT, TORT, PRODUCTS LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF THE DAMAGE, INJURY OR LOSS IS CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF PlankedTop. THIS LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY PlankedTop, AND PlankedTop MAKES NO OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

SHIPPING. All orders are shipped FOB Los Angeles, California from a third-party packing and shipping company to the shipping address provided on the order. The Customer is responsible for providing all correct shipping address information.  The provided Shipping address must be able to accept delivery of the packaged products purchased on the order.  All Cartoning and Freight charges only apply to shipments to the lower 48 states and covers standard shipment rates only. The customer is responsible for all costs associated with expedited shipping, “limited access” or “remote location” shipping zones, or any additional accessorials that are charged by the freight company unless PlankedTop has agreed in writing to be responsible for any additional costs from “standard” shipping.

DELIVERY ACCEPTANCE. Upon Customer’s receipt of shipment, Customer shall immediately inspect the product. Unless the Customer provides PlankedTop with written notice of any claim for shortages or defects in the product within four (4) days after receipt of shipment, such product shall be deemed finally inspected, checked and accepted by Customer. PlankedTop shall use its own discretion in the choice of carrier and method of packing for all orders.

In the unlikely event a customer provides a non-deliverable address or is unable to receive delivery of their order PlankedTop has the option to retain all monies received, sell the produced product and retain the proceeds as liquidated damages incurred by the customer's breach. PlankedTop and the customer agree that the forfeiture of any payment and the liquidation of the produced product as described above is a reasonable method of compensation for damages which may be incurred by PlankedTop as a consequence of the customer's breach of the terms and conditions of sale.

TITLE AND RISK OF LOSS. Title to any product sold and risk of such product passes to Customer upon delivery by PlankedTop to a common carrier and any claim for losses or damages shall be made by Buyer directly with carrier.

ESTIMATED LEAD TIMES. All shipping dates are approximate and are based upon current availability of materials, present production schedules and prompt receipt of all necessary information. PlankedTop will not be liable for any damage, loss, fault, or expenses arising out of delays in shipment or other non-performance of this Agreement caused by or imposed by: (1) strikes, fires, disasters, riots, acts of God; (2) acts of buyer; (3) shortages of labor, fuel, power, materials, supplies, transportation or manufacturing facilities; (4) governmental action; (5) subcontract delay; or (6) any other cause or condition beyond PlankedTop’s reasonable control. In the event of such delay or non-performance, PlankedTop may at its option, without liability, cancel all or any portion of this Agreement and/or extend any time upon which performance hereunder is due. Failure of PlankedTop to perform for the aforesaid reasons shall not be grounds for the customer's cancellation of its order or reimbursement/payment of any shipping, delivery or installation costs.

CANCELLATION AND CHANGES. All goods are custom made to order specifications.  After twenty-four (24) hours from the receipt of a Customer's order and payment, orders cannot be terminated, cancelled or modified or shipment rejected after acceptance of Customer’s order by PlankedTop except with PlankedTops’s written consent and subject to conditions then agreed upon which shall indemnify PlankedTop against liability and expense incurred and commitments made by PlankedTop and which shall provide for profit on work in progress and contract value of goods or parts completed and ready for shipment.  All orders cancelled within the twenty-four (24) hour cancellation period will be subject to a minimum 5% cancellation fee.

RETURNS AND REPAIRS. All sales are considered final. No returns for any reason will be accepted without prior written authorization from PlankedTop. Goods returned without PlankedTop authorization will be refused. Due to the custom nature of the Goods, PlankedTop will accept returns and exchanges at PlankedTop’s sole discretion. If PlankedTop accepts a return, Customer shall pay PlankedTop a minimum restocking fee of 25% of the purchase price, and shall be responsible for return shipping where applicable.

Unauthorized returns or returns arriving in poorly packed or damaged condition will not be accepted and will be returned to the shipper/carrier freight collect. In the event defective goods are received, PlankedTop reserves the right to repair or replace the item. The customer must accept such reparations or replacements and agrees not to refuse, for any reason, to pay credit card charges, honor checks or other forms of money transfer which customer previously authorized or delivered, whether as a deposit, or any other payment or balance due. A "return of credit" can only be authorized by PlankedTop at its sole discretion. The Customer is responsible for any unauthorized check stop payments or credit card charge backs.

INSTALLATION. Due to variation of design, sizes, complexity and materials used in the fabrication a customer’s own table base, PlankedTop is unfortunately unable to assist in the orchestration or engineering of placing or attaching a PlankedTop to a customer’s own table base.  We recommend using a professional receiving warehouse or craftsperson to assist with the installation of your PlankedTop.  

MANUFACTURING STANDARDS AND TOLERANCES. PlankedTop does not guarantee that the size and/or style of the Goods purchased herein will be acceptable for Customer’s specific use. Customer acknowledges that Customer has provided specifications for the Goods to be manufactured hereunder.  PlankedTop makes no warranty or guarantee as to the suitability of the Goods for Customer’s use.

The Goods that are manufactured are custom, hand-made products that are fabricated to order and may have small deviations from the dimensions requested. PlankedTop guarantees that these deviations in sizing will not exceed the following standards:

Overall width and length   +/- 0.25″ for products that can be measured along the edge in a straight line.

Overall Diameter   +/- 0.25″ for circular products that can be measured from the center, edge to edge.

Thickness   +/- 0.125″ from top of an edge to the bottom of the edge.

Flatness   +/- 0.1875″ from the highest point of the surface to the lowest point

Squareness – +/- 0.15 degrees (Only applies to products with square/rectangular features)

These deviations are not considered a defect, and the buyer agrees to accept the Goods provided no measurements fall outside of the listed deviation guarantees.

CUSTOM FABRICATION AND FINISHES. Custom fabrication sizes and finishing are available by request but are subject to acceptance by PlankedTop. All custom requests must be sent in writing by email to contact@plankedtop.com.  Requests will be reviewed on an individual basis and a custom quotation and lead-time will be provided by PlankedTop. Drawings for Approval are unnecessary and not required due to the straightforward construction of all PlankedTops. Custom quoted prices are valid for 60 days unless otherwise negotiated. All custom orders are not cancellable nor returnable.

WOOD FINISHES. Finish samples are available for purchase and due to the multiple options offered for wood finishes, finish samples are made to order.  Finish samples are for color reference only and variations between finish samples and products may occur. While every effort is made to accurately reproduce a finish, finishes may vary in color, tone, grain pattern, distressing levels and sheen, no guarantee can be made of an exact match of finish sample to delivered product.  Products are available in a custom finish by request, but are subject to acceptance by PlankedTop. Samples for custom finishes must be supplied at the time of order placement for custom finish development. A Sample for Approval will be sent to the customer in 3-4 weeks from the receipt of customer's finish sample. Again, every effort is made to accurately reproduce a finish, finishes may vary, no guarantee can be made of an exact match. Custom finishes require an upcharge and delays in approval of samples will increase overall lead-time. Customer acknowledges that variation in finish color, tone, grain pattern, distressing levels and sheen is not considered a defect.  Unacceptable variations in finishes will be at the sole discretion of PlankedTop.

ON-LINE STORE TERMS OF SERVICE. By agreeing to these Terms of Service (“Service”), you represent that you are at least the age of majority in your state or province of residence, or that you are 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 this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS. We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES. Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per customer, per company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

OPTIONAL TOOLS. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS. Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS. If, at our request, you send certain specific submissions or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION. Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy

ERRORS, INACCURACIES AND OMISSIONS. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PlankedTop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION. You agree to indemnify, defend and hold harmless PlankedTop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

GOVERNING LAW. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

CHANGES TO TERMS AND CONDITIONS. You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

ENTIRE AGREEMENT. This Agreement contains the entire agreement between Seller and Buyer and no statement, correspondence, sample or other term shall modify or affect the terms hereof. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.