Terms & Conditions of Sale
These terms and conditions apply to all merchandise sold through Maddie G Designs LLC, which includes both Maddie G Designs and Shop Maddie G, (“MGD”) to all Customers. These terms and conditions may not be altered in any way by any oral or other written agreement. MGD’s receipt of a deposit on an order constitutes Customer’s agreement to all terms and conditions of sale contained herein. Orders will not be initiated until MGD receives both the signed acknowledgment and the appropriate deposit from Customer.
MGD will provide you with information regarding the status of the merchandise ordered and will notify you when the merchandise is ready for delivery. Within five (5) business days of notification of delivery you must pay the full balance owed to MGD. No shipping shall be made until the full balance is paid in full. If the balance is not paid within thirty (30) days from the date of notice of shipment, then interest shall accrue at 1.5% per month, and MGD shall have a security interest in the merchandise and may sell the merchandise to mitigate its damages and recover the balance owed.
Estimated lead time and shipping date is based on MGD’s receipt of fabric, trim, and finish approval unless otherwise specified by MGD.
ALL SALES ARE FINAL
As soon as you place your order, MGD begins the process of procuring your goods. Therefore, we are not able to cancel orders or accept returns.
Remember, MGD staff is happy to assist you in selecting your choice of home furnishings and fabrics, but the final decision on the style, fabric, and finish is yours. Please measure carefully prior to placing your order.
MGD is not responsible for delays or shortage of labor or materials, or for variations of color from samples. If dye lot or finish are critical, please request a cutting for approval (CFA) prior to your order being shipped.
Where applicable, the quality, color, sizes and/or dimensions, yardage, prices, quantity and terms of sale, as shown on this form or order summary, are hereby accepted as correct.
MGD reserves the right to repair damaged furniture. However, no return or repair may be made without the authorization of MGD, and the factory or freight carrier.
PRICES AND PAYMENT
Prices generally will not include actual shipping/packing related charges which are not known until final shipment; all such charges are the responsibility of Customer to be paid prior to receipt of goods. In the event that a manufacturer does not invoice MGD for shipping until after delivery, MGD will charge an estimate and will collect the balance owed, if applicable, once actual shipping charges are known. All prices are subject to correction as a result of possible errors or omissions.
Delivery fees, when not included in the MGD invoice, are due to the delivery company at the time of delivery.
SHIPPING AND DELIVERYM
Furniture and large items often ship via freight carrier. Most carriers schedule deliveries Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. Freight companies will contact you a few days prior to the delivery to schedule a delivery date and time frame (typically 2-4 hour blocks) that works for you. If your scheduled appointment is missed, you will be charged a delivery trip fee. Please do not arrange for the item/items to be delivered when no one is home to receive them. Although our suppliers take great care in packaging their goods for shipping, damages may occur in transit. Furniture items must be carefully inspected BEFORE you sign for the delivery. If the furniture happens to arrive with any defects DO NOT sign for the items. Contact us immediately while the trucking company is there so that we may discuss the best way to handle the situation. If you are not able to get in contact with us, please either refuse the delivery or note the damages and status of the packaging materials on the bill of lading before signing for the delivery. MGD will be unable to assist you in the replacement of damaged goods or reimbursement if the above procedures are not followed. A formal claim against damaged items must be made within 3 business days. Unfortunately, claims made after the 3 business day window will not be accepted and are unable to be returned.
If you need to reschedule the delivery with the carrier, please contact them as soon as possible so as not to incur any charges for missed delivery appointments. For standard freight delivery our shippers deliver furniture to your driveway. Premium in-home delivery is available if you would like the item placed inside the threshold of your home or in a particular room with all packing materials discarded. Freight items can be ONLY shipped within the 48 contiguous states. In the case of damage, there may be situations where a manufacturer’s sales representative must inspect the merchandise or requests that photos be provided. It is the customer’s responsibility to provide access to the merchandise, or photos, if necessary. Please refer to manufacturer warranties for specific information on individual policies.
Note that some freight carriers require items to be received by a commercial receiver. If this is the case, MGD will locate and arrange for delivery to a commercial receiver. MGD will ensure that the receiver inspects the products and handles any freight claims. They will then contact you to schedule pick up and/or delivery. If you do find damages to a product (including items that may be drop shipped), please keep original packing materials until claim is satisfied. Returns cannot be accepted if you have discarded the original packaging materials.
While we do our utmost to ensure your items arrive in a timely manner and in perfect condition, there are some things that are beyond our control. We would like to claim that damages do not occur during transit, but unfortunately that is not always the case. Our freight carriers handle your pieces with great care but it is important to understand that from time to time damages do occur. If your piece arrives damaged, the freight company reserves the right to have the piece repaired and brought back to the manufacturer’s standards at their expense. They do this by sending the piece to a furniture medic or back to the manufacturer for a repair/rebuild. If the freight carrier determines the piece cannot be repaired, you have the right to be reimbursed for your purchase or have another piece ordered at no additional charge and shipped out to you as soon as possible.
MGD is not responsible for delays in shipment beyond its control; including, but not limited to, material shortages and labor or transit strikes. MGD will use its best efforts to notify Customer in the event of such delays. Any quoted delivery dates are estimates only. Completed merchandise ready for delivery or shipping must be moved to Customer’s delivery or shipping location within 5 business days after completion. Merchandise, which is not so moved, may be transferred to a commercial warehouse for storage; Customer will be liable for all cost and expenses incurred thereby, including any and all related shipping and delivery costs. MGD may elect to store the merchandise, in which event Customer shall be required to pay MGD $20.00 per day. If payment in full is not received within 30 days after a proposed delivery, MGD may at its option retain the merchandise and declare a forfeiture of the deposit as liquidated damages. MGD retains title to all merchandise until fully paid for by Customer. Customer agrees to pay for all cost and expenses incurred in collecting unpaid accounts, including collection agency fees and attorneys’ fees.
If for any reason your custom furniture piece does not arrive with the specifications that you selected when ordering, MGD reserves the right to have the item or items replaced and reshipped at no additional charge to you. You should contact us immediately if this occurs so that we can get the replacement in the works as soon as possible.
MGD does everything possible to assure a smooth and prompt delivery of your furniture and custom items. However, be aware and consider that there are circumstances out of our control that may arise and result in a delay in the production or delivery of your items. We do our best to give accurate lead times for each furniture and fabric manufacturer but estimated lead times are not a guarantee of a specific delivery date. We welcome your inquiries as the estimated delivery time approaches and we can follow up to give you a more specific idea of your ship date at that time. Also note that shipping time for freight items (this includes, furniture and some rugs) is approximately 7-15 business days from the time that the item(s) are scheduled for pickup from our manufacturer. We act as your liaison to best assist you in a prompt delivery but again, there are variables that are out of our control as we are considered a third party. We know you’ll enjoy the product that is made especially for you!
Customer acknowledges that there may be additional charges imposed on any purchase as the result of fabric selections, quality and color, wood, metal and other finishes, installations, etc. The amount of the charge will vary from product to product and manufacturer to manufacturer. These charges will be detailed on your MGD quotation form for acceptance prior to purchase. Please review all details carefully to ensure all options are to your specifications.
Customer assumes all responsibility for proper installation of merchandise. MGD shall not be responsible in any manner for damage to the product or the location in which it is displayed and/or used resulting from its installation, misuse, or mishandling.
RISK OF LOSS
Except for storage by MGD, Customer will bear all risk for any loss occurring while
merchandise is in transit or storage. Customer will remain liable for payment in full for merchandise lost or damaged in transit or storage. MGD has no obligation to insure merchandise against losses. Customer will be responsible for filing any claim for freight or commercial storage damage. Claims for merchandise defects (not related to shipping) must be reported to MGD in writing within 3 days of receipt of item. Failure to do so shall constitute full acceptance of the merchandise.
RETURNS AND CANCELLATIONS
MGD will not accept cancellations or returns without its prior written permission. In the event MGD agrees to Customer’s cancellation or return, Customer agrees to pay a 25% (of total order amount) restocking/handling charge. Custom orders are not subject to return. Unauthorized returns will be refused and returned freight collect. MGD is under no obligation to authorize a return or cancellation and Customer acknowledges that all sales are final. Any returns or cancellations are at the sole discretion of MGD.
8.25% sales tax will be charged on all orders placed in the State of Texas. Taxes collected in other states vary by vendor and will be invoiced accordingly.
The customer shall have the benefit of all guarantees and warranties issued to either the customer or MGD by the manufacturer and the customer may enforce such at the customer’s sole expense. MGD does not warrant against fading of any finishes or oxidation of iron products. Wood and iron finishes are hand done and may vary in tone, color, and texture. Variations of color and veining are inherent to all stone and marble pieces. All dimensions are approximate and vary.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies, such as our User Site Terms and Conditions, all of which are incorporated herein by this reference and are posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
These Terms and Conditions were last revised and made effective as of November 18, 2009.