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terms and conditions of sale
Please read the following terms and conditions carefully. This Agreement sets forth the terms of sale for all merchandise purchased by you (Buyer) from INSIDE AVENUE Home Collection (Seller).
payment
Seller requires Buyer to remit a deposit of 50% of the total purchase amount for furniture when orders are submitted. Orders for fabric and home accessories are charged when order is shipped. Payment may be made by credit card, cash, personal check or money order. Accepted credit cards include: VISA, MasterCard, American Express and Discover. For deposits made by credit card, Buyer hereby authorizes Seller to charge 50% of the order at the time of order acceptance. In all cases, the balance for orders must be remitted when the merchandise is ready to be shipped. Orders requiring multiple shipments will be charged the prorated balance for each separate delivery. Seller does not accept any orders on COD terms.
Orders which include Customer’s Own Material (COM) are subject to a $25.00 COM surcharge per item to cover the extra expenses and insurance associated with the order.
Seller is required by California law to collect sales tax on all orders delivered to destinations within California. Other states and jurisdictions may impose separate sales and use taxes; however, Seller is not required to collect taxes for any other jurisdiction. Buyer is responsible for checking local laws to determine if they are subject to any additional sales and use taxes or duties.
order acceptance and cancellations
Al orders are subject to Seller’s acceptance and standard audit procedures. Errors in arithmetic and pricing are subject to correction. In the event Buyer does not approve a correction, Seller reserves the right to cancel the order and refund Buyer’s deposit.
Orders are at all times subject to Seller’s ability to deliver the specified merchandise. If at any time, for any reason, Seller determines that it is unable to deliver the purchased items, Seller may elect to cancel the order if Buyer and Seller are unable to agree on acceptable substitute items or new delivery schedule.
Buyer may not change or cancel a custom order without Seller’s acceptance. In the event Buyer requests a change or cancellation, Seller will determine if the request can be accommodated, and if so, if there are any fees or penalties associated with fulfilling the request. Buyer shall be solely responsible for all penalties and fees associated with any change.
Seller does not ship orders “on approval” by Buyer. Buyer is solely responsible prior to the placement of any order to determine that the colors, patterns, fabrics, design, dimensions and characteristics of all items are as desired. Buyer is further responsible to ensure that all items shall meet any requisite size limitations and are able to fit through doors and passage ways when delivered. Due to the fact that computer monitors exhibit wide color variances, Seller is not responsible for the color representation of any photograph viewed over the Internet.
delivery
Seller will provide an estimated delivery date at time of order acceptance. Most orders are delivered within 10 to 12 weeks after order acceptance. This is only an estimate. Seller is unable to guarantee delivery times and cannot be held responsible for delays or changes to this schedule.
Seller will notify Buyer when the merchandise is ready to ship and make arrangements to put Buyer in contact with the delivery service. Title to all merchandise passes to Buyer at the time the merchandise is consigned to the delivery service. Seller shall insure all goods and assist Buyer in making claims or obtaining repairs in the event any items are damaged during shipment. If Buyer misses a delivery appointment, Buyer may be subject to an additional redelivery fee imposed by the delivery service.
Buyer is responsible for notifying the delivery service in advance if special conditions might affect the delivery. Buyer is also responsible for any extra surcharges or tolls required to facilitate delivery. If conditions do not permit delivery to be made to Buyer’s home, delivery shall be made to the nearest available access point. The delivery service is not permitted to attach any item to Buyer’s home or walls, nor make any modifications thereto. Seller is not responsible for any damage to Buyer’s home resulting from delivery; Buyer shall make any such valid claim directly to the delivery service.
Buyer must inspect each item immediately upon delivery. All damage, scratches, chips, tears or soil must be noted on the Bill of Lading and reported to Seller within 72 hours. Seller is not responsible for damage not noted on the Bill of Lading. For any items with substantial damage, Buyer is instructed to refuse delivery. Items with minor damage may be repaired in the Buyer’s home or by a local professional restoration service. Because redelivery is expensive, Buyer should not refuse delivery of any undamaged pieces. In keeping with usual practices in this industry, minor issues involving craftsmanship or damage from shipping may be repaired; full replacement of goods cannot be expected if appropriate repairs can be made in accordance with industry standards.
warranties
Seller shall honor the terms of the warranty provided by the manufacturer to the original Buyer for a period of one year from the date of factory shipment. Seller shall assist Buyer, when possible, in making any warranty repair claims. Defects caused by abuse, negligence or damage from moving are not covered. This warranty provides you with legal rights, and you may have other rights which vary from state to state.
Seller is not responsible for color and grain variations in wood, leather, stone, marble, granite and other natural products. Certain inconsistencies should be expected and add to the character of the merchandise. Glass, mirrors, Lucite and metal finishes may be subject to small seeds, pits or very slight discolorations. Seller is also not responsible for dye lot variations and cannot guarantee exact matches between similar items. Seller is not responsible for warranty claims denied by the manufacturer.
refunds and credits
All refunds and credits authorized by Seller will be promptly processed and issued within two weeks. In the event Buyer is required to return merchandise, Seller will not process the credit until the merchandise is received and inspected. Payments originally made by credit card shall be refunded by issuing a credit to the same card.
miscellaneous
This Agreement shall be governed by the laws of the State of California, and Buyer and Seller agree that the jurisdiction for all claims resulting from this Agreement shall be the County of Los Angeles, California. The prevailing party shall be entitled to reasonable attorneys fees.
This Agreement supercedes any and all prior Agreements between Buyer and Seller, including any verbal or written representations.
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