Sales Order Terms & Conditions

1. Under the terms and conditions of the sale that follow: Plush Home is the “Seller,” the person or organization being billed or that pays is the “Purchaser.” This acknowledgment includes the following terms and conditions and unless written notice of objection to any of such terms and conditions is given by Purchaser to Seller promptly upon receipt of this acknowledgment, Purchaser agrees that they shall constitute the complete and final agreement between parties in respect of this order.

2. All telephone, online, and/or point-of-purchase orders are to be paid in full prior to delivery of merchandise. Seller may agree, at their discretion, to accept a 50% deposit for point-of-purchase orders. The balance of the purchase price, along with shipping costs, is due in full within 5 days of the proforma invoice date and shall be paid prior to delivery from Seller. In the event the Purchaser fails to pay the balance of the full purchase price within 15 days of notice by Seller, Seller may opt to charge storage fee for said items. In the event the Purchaser fails to pay the balance within 90 days of notice by Seller, Seller may retain a possessory lien on said items. If Purchaser has used a credit card to make the initial deposit payment, Seller reserves the right to apply that credit card on file for payment of any balances and shipping due.

3. All merchandise is given a limited warranty by Seller against any defects in workmanship or material for a period of one month after delivery is made. Seller reserves the right to repair or replace defective merchandise at his option. Any complaints regarding delivered merchandise must be made promptly to Seller by the purchaser only of and must be made within five days of receipt merchandise. This warranty is in lieu of all other warranties, including but not limited to warranties of merchantability and fitness for a particular purpose. Seller disclaims any responsibility for special, consequential or incidental damages.

4. This order is not subject to cancellation. In the event that an order must be canceled due to extenuating circumstances, approved by Seller, Seller shall have the right to charge a cancellation fee of not more than 35% of the portion of the order, which has been canceled. Delivery Fees are not refundable and are to be absorbed in full by the Purchaser. Order changes may be made only if feasible and at Sellerís sole option. No orders may be canceled or modified within 30 days of the scheduled shipping date. Any fabric, materials, or hardware that may have been provided by Purchaser to Seller for purposes of manufacturing, will not be returned or cost reimbursed by Seller. This includes, but is not limited to, any COM used for upholstered furniture manufactured by Seller. Seller is not responsible for any damages that may incur due to any cleaning products, agents, or waxes that Purchaser may opt to use. This warranty does NOT apply to Sample Sale items during time of purchase. Purchaser accepts sample Sale items in ìAS ISî condition. Purchaser is soley responsible for inspecting all Sample Sale items prior to delivery. The Seller, its Representative or Agents, having no further responsibility or liability to the condition or maintenance of said items.

5. Orders are not subject to cancellation by reason of fires, strikes, lockouts, production interruptions, late delivery, floods, labor disputes, acts of sabotage, force majeure events or other causes beyond Seller”s control nor shall such delays constitute a breach of this contract.

6. Shipments made direct from the factory to Purchaser (or thier customer) will be made on common carriers chosen by Seller, unless other mutually satisfactory arrangements are made between Purchaser and Seller. A will-call fee may be applied to the invoice, in the event that the Purchaser opts to have a personal carrier arrange for pick-up of items from Plush Home warehouse and/or showroom. Title and risk of loss shall transfer to Purchaser upon delivery of goods to common carrier, Purchaser or Purchaser”s agent. Additional terms and conditions which will apply are outlined in Seller”s Bill of Lading. Seller shall not be liable for any delay in delivery, or failure to deliver, due to any cause beyond Seller”s Control. Purchaser will be responsible for all freight and shipping fees. . Seller is not responsible for any damages that may incur due to any cleaning products, agents, or waxes that Purchaser may opt to use. This warranty does NOT apply to Sample Sale items during time of purchase. Purchaser accepts sample Sale items in “AS IS” condition. Purchaser is soley responsible for inspecting all Sample Sale items prior to delivery. The Seller, its Representative or Agents, having no further responsibility or liability to the condition or maintenance of said items.

7. If the carrier requires shipments to be made on a prepaid basis, Seller will bill all such charges to Purchaser. It is Purchaser”s (or Purchaser”s customer”s) responsibility to inspect all such merchandise and to note any obvious damages on the freight bill, before signing for the shipment. It is Purchaser”s (or his customer”s) responsibility to file any damage claims with the carrier and in the event of a concealed damage to notify the carrier, obtain an inspection and then file a claim with the carrier.

8. Yardage specified for upholstered furniture is generally based on 54″ width material requiring no matching. Narrower widths or repeat patterns will require additional yardage. Plush Home cannot be held responsible for discrepancies in COM materials” quantity, quality, measurement and/or suitability.

9.All terms under separate Leather and Hide release agreed and accepted. This release can be found online or may be requested, if not already provided.

10. In the event Purchaser fails to fulfill previous terms of payment, or in case Seller shall have any doubt at any time as to Purchaser”s financial responsibility, Seller may decline to make further deliveries except upon special arrangements.

11. Seller will not accept payments with regards to this order from a customer of Purchaser without Purchaser”s written approval.

12. Purchaser is solely responsible for all applicable California sales tax; Purchaser must either a.) provide a valid California State Resale Certificate, or b.) pay sales tax in full. Plush Home reserves the right to apply any of Purchaser”s credit cards on file or demand immediate payment on sales tax in the event that Purchaser”s resale certificate is deemed invalid or in the event that sales tax may have been overlooked in the original invoice.

13. Purchaser understands that there are natural inconsistencies in leather and in wood. Both are natural products with individual characteristics. While every attempt is made to achieve uniformity, this is not always possible.

14. Proper cleaning instructions are provided online after “Terms and Conditions”, or can be requested if not provided with furniture delivery.

15. Purchaser is responsible for all delivery, shipping, and freight charges. Seller may estimate these costs, but Purchaser will still be responsible for any additional charges may be applied after final ship to.

Return Policy

1. There is a no-return policy in effect. This no-return policy applies for all orders (this includes, but is not limited to upholstered furniture, woodwork, bedding, pillows, lighting, wrought iron, area rugs, sample sale items, window treatments, textiles, and the like), all accessories (this includes, but is not limited to flat wear, napkins, vases, boxes, frames, candle holders, and the like), and artwork (sculptures, paintings, sketches, photography, and the like). Once an item has been ordered and a deposit has been received, it cannot be exchanged or returned for a refund.

2. Additions and/or alterations to orders are handled on a per-incident case and is at the sole discretion of Seller.

revised 2/22/06