ARCHISTAR DESIGN TERMS AND CONDITIONS OF SALE
The following terms and conditions of sale below apply to all products purchased on Archistar Design’s website (www.archistardesign.com). Archistar Design is a subsidiary of Export USA Corp., a corporation registered in New York.
“We”, “our”and similar expressions, refer to Archistar Design . ”You”, “your”, “purchaser” and similar expressions, refer to any buyer or potential buyer of Archistar products.
Please review these Terms and Conditions carefully. Your purchase of products from us constitutes your agreement to follow these Terms and Conditions and to be bound by them. We reserve the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you intend to purchase products from us or use our website.
ORDERS AND CANCELLATIONS
The receipt of an order number or an order confirmation email does not constitute the acceptance of an order or a confirmation of an offer to sell. Archistar Design reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. We may need to verify certain information prior to the acceptance of any order.
Prices and availability of products on our website are subject to change without notice. Archistar Design reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted.
After you place an order with us, you have 24 hours to cancel it for a full refund and at no extra cost. If you cancel after more than 24 hours, we will refund the purchase price minus a cancellation fee of 10% and the full shipping and handling charges. Please note that in cases of cancellations of custom orders after more than 24 hours, where the order has been processed, or manufacturing in our facilities has commenced and/or any purchases have been made to fulfill your order, we reserve the right to retain a cancellation fee of 50-100% of the entire purchase price.
PRODUCT SPECIFICATIONS AND VARIATIONS
We reserve the right to change prices, dimensions, design and construction of products without prior notice. Our customer service representatives are available by email and phone to answer any questions concerning products offered by Archistar Design; however, you are solely responsible for your final selection. Please choose carefully as there may be charges if you change your mind and cancel or return an order (please see under “Orders and Cancellations” and “Return Policy”)
Please note that the product you receive may exhibit different characteristics from pictures or descriptions on the website or from samples you may have received. Colors and textures may vary; swatches and fabric samples are to be used as an approximate guide only.
Archistar Design guarantees all products it distributes and sells to be free from material manufacturing faults and defects for a period of two (2) years from the date of purchase (i.e. the date the order was placed with www.archistardesign.com by the purchaser). Replacement of defective parts or products covered by this warranty will be made available during this period.
This warranty is subject to the purchaser’s timely rejection of goods or revocation of an acceptance of goods in accordance with these Terms and Conditions. In addition, when the warranty is invoked by a purchaser, Archistar Design will require digital photos that clearly evidence a material defect of the product and then make a warranty decision.
We accept no responsibility, in any way, for either Archistar Design or the manufacturing facility, for any damage caused by misuse, negligence, alteration, abuse accident, or improper care for products, and such damage shall be construed as a breach of contract. Neither are Archistar Design or the manufacturing facility liable for damage due to acts of nature, fading, or natural aging of the materials.
WARRANTY LIMITATIONS AND EXCLUSIONS
THE ABOVE LIMITED WARRANTY EXTENDS ONLY TO THE ORIGINAL PURCHASER OF FURNITURE PRODUCTS DISTRIBUTED AND/OR SOLD BY ARCHISTAR DESIGN.
THIS WARRANTY SETS FORTH THE MAXIMUM LIABILITY OF ARCHISTAR DESIGN.
THIS LIMITED WARRANTY ONLY COVERS DAMAGE THAT IS A DIRECT RESULT OF OUR MANUFACTURING PROCESS OR OF DEFECTIVE MATERIAL. DAMAGE CAUSED DUE TO IMPROPER STORAGE, MISUSE, FAULTY INSTALLATION OR ALTERATIONS BY PARTIES OTHER THAN ARCHISTAR OR ITS AGENTS AND/OR CONTRACTORS ARE NOT COVERED UNDER THIS LIMITED WARRANTY.
ARCHISTAR SHALL NOT BE LIABLE FOR, AND HEREBY SPECIFICALLY EXCLUDES, ANY CLAIMS FOR ANY DELAY IN DELIVERY OF PRODUCTS OR FOR ANY DAMAGES SUFFERED BY REASON OF SUCH DELAY, WHEN SUCH DELAY OR FAILURE IS DIRECTLY OR INDIRECTLY DUE TO FIRE, FLOOD, WAR, RIOTS, ACCIDENTS, EMBARGOES, LABOR STOPPAGE, INADEQUATE TRANSPORTATION, INSUFFICIENT LABOR OR RAW MATERIAL SHORTAGES.
WOOD CHARACTERISTICS ARE SPECIFICALLY EXCLUDED FROM THE LIMITED WARRANTY. WOOD IS A NATURAL PRODUCT AND CONTAINS VARIATIONS IN COLOR, GRAIN, DENSITY AND OTHER CHARACTERISTICS THAT ARE COMMON AND NATURALLY OCCURRING IN WOOD. AS WOOD IS SUSCEPTIBLE TO CHANGES IN HUMIDITY AND TEMPERATURE, THIS LIMITED WARRANTY DOES NOT COVER JOINT SEPARATION ON OR EXPANSION OF DOORS AND FRAMES DUE TO EXPOSURE TO HUMIDITY OR CHANGES IN TEMPERATURE.
EXCEPT AS IT IS SET FORTH ABOVE IN THE LIMITED WARRANTY, ARCHISTAR MAKES NO OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH THE RESPECT TO PRODUCTS DISITRIBUTED AND/OR SOLD BY ARCHISTAR DESIGN, NO DISTRIBUTOR, DEALER OR REPRESENTATIVE HAS THE AUTHORITY TO CHANGE OR MODIFY THIS LIMITED WARRANTY. IN NO INSTANCE SHALL ARCHISTAR BE RESPONSIBLE FOR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES.
ARCHISTAR SHALL NOT BE LIABLE FOR, AND HEREBY SPECIFICALLY EXCLUDES, ANY CLAIMS CAUSED DIRECTLY OR INDIRECTLY BY ANY EVENT OR MATTER BEYOND ITS CONTROL, INCLUDING INCIDENTAL, CONSEQUENTIAL OR CONTINGENT DAMAGES SUFFERED AS A RESULT OF A BREACH OF THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.
THE ABOVE EXCLUSIONS SHALL NOT IN ANY WAY AFFECT ANY RIGHTS YOU MAY HAVE UNDER ANY APPLICABLE STATUTES.
After your order is confirmed, it will be sent to one of our facilities in Europe for processing and/or manufacturing. It takes approximately 10 to 12 weeks from the time of order confirmation until delivery of your furniture.
Delivery charges and estimated times will depend on where your product is being delivered to. You must ensure correct delivery address details are provided to us. Please notify Archistar Design in advance of difficult delivery access, including staircases, narrow passages, etc. that may restrict, delay or prevent delivery. All delivery charges will be the responsibility of the purchaser, including any additional costs incurred as the result of difficulties with access.
Delivery dates are approximate dates only. Our dedication to quality, together with factors beyond our direct control, may sometimes result in unavoidable delivery delays. We will use all reasonable endeavors to deliver your furniture on the estimated delivery date; however you agree that Archistar Design is not and will not be liable for any loss or damage, however arising, if the products are not delivered by the delivery date.
All large furniture items purchased on Archistar.com are shipped using our “white glove” delivery service. A white glove delivery team consists of at least two people who will be in charge of transporting your order from the delivery van into your home. Once your order arrives in your area, a representative from the white glove carrier will call you to arrange a 4 hour window for delivery. Please note that failure to receive the order at the time previously agreed on can result in additional shipping charges.
Products will only be delivered if a person over 18 years and able to accept delivery is present at the delivery address at the time of delivery. In case an appropriate person is not present at the delivery address at the time of delivery, a card will be left and you are responsible for either organizing redelivery or collecting your order from the address identified on the card. Goods not collected or able to be redelivered within 10 days will incur a weekly storage charge.
Custom furniture orders are custom-made upon order, therefore they are non cancellable after more than 24 hours after order the order is placed, non-returnable, and non-refundable with the exception of manufacturer defects or damages in transit. Non-custom furniture orders are generally returnable within 30 days of delivery. Please follow the return procedure below.
Return procedure for non-custom order furniture:
You may return non-custom order for any reason within 30 days of delivery for a full refund, minus shipping charges both ways which are not refundable. Except in cases of manufacturing defects or damages in transit, we impose a restocking charge on returns of 35% of the original purchase price. If you wish to return a non-custom item, please contact our customer service team within 30 days after your receive the item. If the return is authorized, a pick up will be scheduled
Manufacturing faults and defects:
If you believe that there is a problem with the product you have received, you should notify us immediately with a description and documentation (i.e. digital photographs) of the alleged defect. We will determine if in fact the product has a material manufacturing defect. If we determine that a product has only a minor defect, we may offer to repair it. If we determine that a product has a major defect, you are entitled to:
reject the product and receive a refund; or
reject the product and receive an identical replacement, or one of similar value reasonably available; or
keep the product, and at our discretion, receive a price adjustment for the decreased value due to the manufacturing defect.
Acceptance and rejection of allegedly defective products:
If you claim that the product you have received has a manufacturing defect, you are required to either accept or reject the allegedly defective product within thirty (30) days of delivery. After you have accepted a product, you have an additional fifteen (15) days to revoke your acceptance. Please further note, by accepting these Terms and Conditions, you agree that the aforementioned times to accept, reject and revoke acceptance are “reasonable” within the meaning of Article 2 of the Uniform Commercial Code (UCC) as enacted in various states. If you fail to reject or revoke acceptance as aforementioned, you will be deemed to have accepted the product.
Please note, you are obligated to inspect your order at the time of delivery. If there is any sign of damage on the item or if you are concerned there may be damage, please make sure you write "Product Damaged" on the sheet you are asked to sign by the delivery service. This ensures that if there is any damage, it will be easy to resolve the problem. If you do believe that the product you purchased was damaged in transit, you should notify us immediately with a description and documentation of the alleged damage. We will make all reasonable endeavors to promptly send you a replacement, subject to the delivery times mentioned hereinabove, and file a claim against the carrier. Please note in case of custom orders, any replacements will take about as long as the original order.
CARE AND MAINTENANCE
The long-lasting quality of your furniture will depend on proper care and maintenance. Please follow carefully the appropriate care and maintenance instructions included when you receive your furniture. Please note that we are not responsible for damage due to improper cleaning methods or devices, abnormal, above average or excessive loading or muse, placing items on tables, desks or countertops that may scratch surfaces. Such failure to properly care for your furniture may void your warranty.
Full payment of the balance of the invoice is to be paid prior to receipt of whole or part of the goods. We do not accept company or personal checks as payment. Any costs incurred in obtaining payment for goods, including bank transfer fees, currency conversion costs, and related charges, must be paid by the purchaser. All amounts are in US Dollars unless otherwise specified in writing by an authorized representative of Archistar Design. Archistar Design reserves the right to cancel any invoice issued.
The purchaser acknowledges that all intellectual property including designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of Archistar Design. The purchaser will not knowingly allow any intellectual property belonging to Archistar Design to be reverse engineered, pirated or copied. Archistar Design may be entitled to compensation for any loss of royalties, damages and/or costs arising from the pirating of Archistar Design intellectual property.
RISK AND TITLE
All risk in Archistar Design products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by Archistar Design of full payment by either cash or credit. In the event of any default by the purchaser, Archistar Design, without prejudice to any other rights, shall be entitled to repossession of the goods. If the purchaser sells the goods prior to payment of all sums owing, the purchaser shall hold the proceeds of such sale as trustee for Archistar Design and Archistar Design shall be entitled to all such proceeds.
Full payment for products must be made at the time of purchase, except if, in case of custom-order products, where Archistar Design may, at its absolute discretion, agree to accept a deposit with the payment of the balance at a later time; but in any event, full payment must be received by Archistar Design prior to delivery being arranged.
You may not transfer any of your rights under these terms and conditions to any other person.
If any part of these terms and conditions is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these terms and conditions continues to be enforceable and valid.
Archistar Design shall be entitled without prejudice to its other rights and remedies, to terminate or suspend the whole of or any part of any agreement between Archistar Design and the purchaser.
These terms and conditions, and any agreement hereunder between Archistar Design and the purchaser will be governed by and construed in accordance with the laws of the State of New York.
Any action relating to the sale and distribution of furniture by Archistar Design, or the use of www.archistardesign.com, must be brought in the state or federal courts located in the State of New York, Kings County.
“Archistar Design” is a registered service mark and trademark of Export USA Corp. This website and all its contents are protected under copyright by Archistar Design, a subsidiary of Export USA Corp., with all rights reserved.