Terms & Policies

 TERMS AND CONDITIONS

These terms of service are a legal agreement between you and Old Hickory Estate Sales, LLC, the owner and operator of the OldHickorySales.com website. This agreement states the terms and conditions that govern your use of the site and the products sold on it. By accessing and using the site, you are indicating that you accept, and agree to comply with, this agreement. If you do not accept this agreement, you are not permitted to, and you must not, access or use the site or purchase products from the site. By using the site, you represent, acknowledge and agree that you are at least the age of majority in your jurisdiction of residence, or if you are under the age of majority in your jurisdiction of residence, that you are at least 13 years old, and that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering on behalf of a minor, you hereby agree to bind said minor to this Agreement and to fully indemnify and hold harmless Old Hickory Estate Sales, LLC if said minor breaches or disaffirms any term or condition of this Agreement.

1.  CHANGES TO TERMS, PERSONAL INFORMATION/PRIVACY

1.1  Changes to the Site

OldHickorySales.com may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.

1.2  Personal Information/Privacy

Customers agree to provide accurate, current, and complete information as required for the purchase of the Products (both as defined below in Section 3.1) and to update that information as soon as possible after any information provided changes. Old Hickory Estate Sales, LLC reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges Old Hickory Estate Sales, LLC uses a third party payment processing service to process orders and bill fees to your credit card. 

2.  USE OF THE SITE

Prohibitions Subject to your compliance with this Agreement, Old Hickory Estate Sales, LLC hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, create derivate works from or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you. You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Old Hickory Estate Sales, LLC or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace, harvest or compile any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.

3.  TERMS OF SALE

3.1  Pricing

The total price of your order will be reflected on our final checkout page. An order receipt shall be sent to the email address you provided during sign up showing the final total price as well. Old Hickory Estate Sales, LLC reserves the right to change the prices and fees for Products and at any time, and does not provide price protection or refunds in the event of promotions or price decreases.

3.2  Refund Policy

ALL SALES ARE FINAL. NO REFUNDS. Items purchased on the Site are sold as is, where is.

Old Hickory Estate Sales, LLC Branded Merchandise Refund Policy

Old Hickory Estate Sales, LLC does not accept Returns or Refunds on our branded merchandise line which includes the following products: T-shirts, Hats, Shopping Bags, etc.. If you receive what you believe is a defective product, please contact 910-364-4846.

3.3  Payment Methods

Old Hickory Estate Sales, LLC accepts the following forms of payment for items purchased at any of our physical Sales locations: Cash, Debit Cards, All Major Credit Cards, Cash App, Venmo, Apple Pay, and Google Pay. Checks will not be accepted. Old Hickory Estate Sales, LLC accepts the following forms of payment for items purchased on the Website: Debit Cards, and All Major Credit Cards. You agree to pay all fees charged to your account based on OldHickorySales.com charges, and billing terms in effect as shown on the payment page. As stated previously and for purposes of clarification, the price of a product as shown on the Website is the NET PRICE of the product not including any applicable taxes. The total price of your order will be reflected on Our final checkout page. An order receipt shall be sent to the email address you provided during check out showing the final total price. You are responsible for paying the amount reflected on Our final checkout page. If you do not wish to pay the final amount reflected on Our final checkout page you are welcome to not buy the products. Any applicable taxes shall be based on the address that you provide as the shipping address when you buy the products. You authorize Old Hickory Estate Sales, LLC or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to releasing the Products. You represent and warrant that you are the cardholder of the credit card used. If your credit card is rejected by the card issuer, if you do not pay on time or if your credit card cannot be charged for any reason, Old Hickory Estate Sales, LLC reserves the right to suspend the release of your products. All sales and payments will be in United States Dollars.

3.4  Shipping and Product Acceptance

Old Hickory Estate Sales, LLC currently does not provide shipping for Sale items on the Website. We are working on providing shipping capabilities for Sale items to customers, but as of current, Sale items are local pickup only. The shipment date for Old Hickory Estate Sales, LLC branded merchandise will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.

3.5  Correspondence With Customers

Any and all correspondences sent, issued, expressed, or transmitted by Old Hickory Estate Sales, LLC or any of its affiliates to You shall strictly be in the English language. Correspondences shall include but not be limited to Old Hickory Estate Sales, LLC mailing envelopes and/or boxes, postcards, business cards, and any and all other mailings including but not limited to electronic mail.

4.  PROPRIETARY RIGHTS

You hereby acknowledge and agree that Old Hickory Estate Sales, LLC own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Old Hickory Estate Sales, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

5.  THIRD PARTY SITES; INDEMNIFICATION

5.1  Third Party Websites

Third Party Websites The Site may provide links to third party Sites that are not owned or controlled by Old Hickory Estate Sales, LLC, including, without limitation, Facebook, Instagram, Twitter and LinkedIn (“Third Party Sites”). We provide such links solely as a convenience to you. Old Hickory Estate Sales, LLC does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.

5.2  Indemnification

You hereby agree to defend, indemnify and hold each of the Old Hickory Estate Sales, LLC Parties harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your (or anyone acting under your password) use or misuse of the Site, Content or Products.

The laws of certain jurisdictions do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning goods or services. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you. The site, content, products and memberships are furnished to you without warranties, representations or conditions, statutory or otherwise, of any kind. Old Hickory Estate Sales, LLC, on behalf of itself, licensors, suppliers and third party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “Old Hickory Estate Sales parties”): (a) expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose; (b) does not represent or warrant that the site, content, products or memberships will meet your requirements, or that the operation of the site or content will be timely, uninterrupted, stable, or secure; (c) does not represent or warrant that the site, content, products or memberships will be error-free or that any defects will be corrected; (d) does not represent and warrant that the site will be free of viruses or other harmful components; and (e) does not make any representations, warranties, or conditions regarding the use of the use of the site, content or products in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the site, content, products or memberships is entirely at your own discretion and risk and you assume total responsibility for your use of the site, content, products and memberships. This limitation of remedies is a part of the bargain between you and Old Hickory Estate Sales, LLC. No oral or written information or advice given by Old Hickory Estate Sales, LLC or any person on behalf of Old Hickory Estate Sales, LLC shall create a warranty or condition, or in any way change this exclusion of warranty.

6.  LIMITATION OF LIABILITY

The laws of certain jurisdictions do not allow the exclusion or limitation of liability or of certain damages. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you, and you might have additional rights.

6.1  in no event shall any Old Hickory Estate Sales, LLC party be liable to you, or any third party, for any special, indirect, incidental, punitive, exemplary, reliance, or consequential damages of any kind, including, but not limited to, property damage, loss of value of the products or loss of use of the products, whether based on breach of any express or implied warranty or condition, breach of contract or tort (including, without limitation, negligence or strict liability), even if a Old Hickory Estate Sales, LLC party has been advised of the possibility of such damages.

6.2  if, notwithstanding the foregoing, a Old Hickory Estate Sales, LLC party is found to be liable to you or any third party for any damage or loss which arises under or in connection with your use of the site, content, products, the relevant Old Hickory Estate Sales, LLC party’s total cumulative liability shall in no event exceed the greater of: (a) the amount you paid Old Hickory Estate Sales, LLC for the products, as applicable.

7.  ELECTRONIC COMMUNICATIONS

7.1  Electronic Communications

Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically regarding administrative or account information. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

GENERAL TERMS

Old Hickory Estate Sales, LLC may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site including any account thereon or Membership thereto, without notice, for any reason in Old Hickory Estate Sales, LLC’s sole discretion, including without limitation breach of this agreement and/or violation of the Terms of Service, Old Hickory Estate Sales, LLC's belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Old Hickory Estate Sales, LLC or another user of the Site. This Agreement and the Privacy Policy constitute the entire agreement between you and Old Hickory Estate Sales, LLC regarding its subject matter. Old Hickory Estate Sales, LLC will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of Old Hickory Estate Sales, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. The parties acknowledge and agree that this Agreement and all related documents shall be drawn up in the English language. Any translation of this Agreement and all related documents shall be for reference only and the English version of this Agreement controls. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Old Hickory Estate Sales Party shall be a third party beneficiary hereunder. Old Hickory Estate Sales, LLC may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, Old Hickory Estate Sales, LLC’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Memberships shall survive such termination.