Terms and Conditions
Balconista Furniture Terms and Conditions
Production will begin when a 50% deposit is received, and the required purchase order has been issued. All accounts shall be paid net when invoiced. Orders must be paid in full including freight costs, shipping and handling prior to shipping. A service fee will be imposed on any portion of the invoice that remains unpaid for thirty (30) days or more after receipt of goods. Purchaser will be liable for all costs incurred by Balconista Furniture in collecting monies due. Our custom quotes are honored for a period of thirty (30) days from issuance unless otherwise negotiated.
PRICES AND TERMS
Quoted price of goods are net unless otherwise noted. Price of goods do not include shipping/freight charges, storage charges, sales or other taxes, local delivery, un-crating or installation. Standard lead time for production only is 8-12 weeks from Balconista Furniture’s receipt of deposit and all relevant client approvals. Shipping time is additional.
Balconista Furniture maintains proprietary interest in our patented designs. Unauthorized copying or reproductions of such designs will be prosecuted as provided by law. Balconista Furniture will customize most of its designs to accommodate existing balcony structure. Any customization will be quoted by Balconista at a competitive rate for the purchaser and as such is not eligible for refunds or returns.
TERMS AND CONDITIONS OF SALE
Before an order is put into production, the quote must be approved and a subsequent purchase order with 50% deposit received by Balconista Furniture. Each customer order is processed and produced as indicated on the order confirmation generated by Balconista Furniture. If there is any discrepancy, the customer must advise Balconista within ten (10) days from the date of order confirmation. Methods of payment accepted include corporate or cashier’s check. We also accept American Express, MasterCard, Visa and Discover and PayPal. A 3% processing fee will be added to all credit card and PayPal payments.
CANCELLATION OF ORDERS
Charge backs, deductions, changes, cancellations, returns or refunds require prior written consent by Balconista Furniture. No returns or cancellations will be accepted on ‘made-to-order’ pieces which have been modified from Balconista’s original design. Balconista is not required to accept changes to orders after the order confirmation. However, Balconista will accept reasonable changes to orders with the following conditions: 1) The request must be submitted in writing and received in time to be implemented. 2) Changes will be subject to additional charges for materials, labor, and administrative. Under no circumstances may orders be cancelled after production has begun.
Purchaser will receive notification from Balconista Furniture as to the date merchandise will be available for shipment. All orders will be shipped as ready. If purchaser is unable to or unwilling to accept delivery of merchandise, Balconista may transfer merchandise to storage. Purchaser is responsible for the cost of such storage and shall bear the risk of loss or damage to merchandise during such storage, as well as during delivery of same. Additional storage fees will be charged to store merchandise if not picked up within sixty (60) days from the date of invoice for final balance due.
METHOD OF SHIPMENT/DELIVERY
Unless Balconista Furniture is otherwise notified by Purchaser’s written instructions, freight arrangements shall be made by Balconista on Purchaser’s behalf. All such delivery, packing, crating, shipping, insurance, applicable taxes and similar charges are in addition to the stated purchase price of goods and are listed on the quote as Freight/Shipping and Handling. All charges are pro forma and will be included in the balance due notice. If the customer chooses to manage their own freight and delivery, Balconista Furniture must be notified of the specific details of the movement. Purchaser will still be responsible for handling charges for proper packing of the products. All products are moved through a Bill of Lading (BOL). The location of the pick-up by the client or the client’s agent may trigger sales tax responsibility at that location.
TITLE/RISK OF LOSS
Title to merchandise passes to Purchaser upon the manufacturer’s delivery to freight carrier. Balconista is not responsible for damage after the merchandise has been accepted in good order by the shipping company and is not responsible for damage sustained in transit. If damage is noticed when unpacking, notify the delivery company immediately for inspection including photographs of the damages. All visible damage should be noted by the recipient on the freight bill before it is signed by the recipient and the delivery company if possible. Full inspection must occur within 48 hours of delivery and all freight claims filed within 72 hours. Take photos of any damage to the packaging as well since this is necessary to resolve damage claims. Claims for such damage or loss must be made by the Purchaser/Receiver directly to the freight carrier in accordance with the Interstate Commerce Commission. Shipments returned to Balconista’s manufacturer without written consent in writing by Balconista will be refused.
Balconista Furniture will not be liable for any incidental or accidental events that occur with use or installation of our product post-delivery. Balconista will have no further responsibility except for manufacturer’s defects as defined in Claims below.
There may be slight variations between the final product and the sample/prototype with respect to the finish, tone, color, graining, or precise measurements. Certain hand made products are by nature irregular. Balconista Furniture will substantially conform to descriptions but are not guaranteed against minor variation. Any claims against Balconista for defects, shortages and errors, must be made within fifteen (15) days after receipt of merchandise. Failure to make claim within that time frame shall constitute acceptance of merchandise and a waiver of said defects, shortages, errors and other claims. Balconista’s liability shall not exceed the contract price actually paid to Balconista Furniture for such merchandise and Balconista Furniture shall in no event be liable for labor charges or any consequential or special damages. All claims should be reported to Balconista Furniture at firstname.lastname@example.org.
Balconista Furniture warranties to the Purchaser that for a period of 1 (one) year for commercial use from the date of the original invoice, under normal use and service conditions, our product line shall be free of material defects, shall not splinter, crack, chip, peel, rot or suffer structural damage from insect infestation. Damages caused by among other things, use of incompatible accessories, intentional acts, unreasonable use, misuse, physical abuse, vandalism, riot, insurrection of civil disorder or acts of God (such as fire, flooding, hurricane, earthquake, tornado, lightning, ice, etc.) environmental conditions, (such as air pollution, mold, mildew, etc.), staining from foreign substances (such as oil, grease, dirt) or normal weathering shall not be covered. Proper maintenance of the product is required to support the warranty.
All disputes which involve this Agreement shall be governed by the laws of the state of Florida. This agreement contains all the terms and conditions agreed upon by Customer and Balconista Furniture which superseded Customer’s purchase order. No modification to this Agreement shall be valid unless in writing and signed by both parties.