This Services Agreement (“Agreement”) is made by and between TRADE COLLECTIVE (“TC”) and its clients (“Client”).
By agreeing to engage TC to perform the Services (outlined below), Client agrees to be bound by all terms and conditions of this Agreement.
- Furnishing and Decor Order Placement
- TC partners with a number of wholesalers, craftspeople and retailers to source, order and fulfill furnishings and decor orders.
- Order placement is strictly based on items and description outlined on the Client invoice. It is the Client’s responsibility to check the accuracy of the order items and descriptions outlined on the invoice before payment is made.
- Client invoice to be paid in full before order placement.
- Order placement is not guaranteed and may be subject to reselection or substitution based on product availability. Client to sign off on any reselection or substitutions.
- TC may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by TC or by third parties. The availability through the TC of any listing, description or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
- Transactions
- TC may make available the ability to purchase or otherwise obtain certain Products through Online Properties or through other sales channels such as telephone orders, email orders or in person interactions (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information (“Payment Information”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to the TC the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
- Restrictions
- TC reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; to cancel any Transaction even after it has been placed online through the Online Properties, via customer service, in person or via email, and to refuse to provide any user with any Product. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any products or services obtained through a Transaction, unless we have provided our express prior written consent for you to do so.
- Cancellations, Refunds and Exchanges
- Furniture and decor orders are customized to Client requirements. No refunds or cancellations are available on furniture and decor orders. Exchange requests for damaged goods are available. Client must notify TC of any damages at delivery. TC cannot guarantee the outcome of an exchange request for damaged goods submitted after delivery sign off.
- Delivery
- At TC we strive to fulfill and deliver your order with excellence. Your furniture and decor order will be delivered by white glove professionals. The delivery charge for this service is outlined in the Client invoice.
- It is the responsibility of the Client to ensure that appropriate access points are available for furniture items, and that furniture will fit through these access points.
- TC will work with the Client and Interior Designer to schedule delivery. It is the Client’s responsibility to notify TC of any specific requirements or circumstances needed to fulfill delivery. This includes but is not limited to: narrow roadways limiting truck access, gated or limited entry access, restricted delivery time frames, high rise or multi story building. TC’s delivery partners carry Certificates of Insurance (“COI”) in a standard format. Client to notify TC of any special COI requirements at least 7 days prior to delivery in order to avoid delays.
- Delays to delivery as a result of incomplete construction at Client delivery location, or other factors outside of TC’s control, may result in storage fees incurred by the Client at a rate of $3.50 per square foot per month. Client agrees to pay all additional storage fees before the order will be released to Client.
- Delivery timelines are estimates only and are subject to change based on supplier lead time variations, variations and changes to shipping schedules and other production factors outside of TC’s control. TC will confirm specific delivery dates and times 72 hours prior to delivery. Orders may be shipped in multiple tranches.
- TC’s white glove delivery service includes delivery inside your home and placement according to the design plan submitted by the Interior Designer. Our delivery professionals will unpack and inspect each furniture or decor item (this excludes all lighting or other restricted items). It is the responsibility of the Client to inspect all furniture and decor items before the delivery professionals depart the premises. An authorized individual must be at the premises during the scheduled delivery to accept and inspect all items and sign off on the delivery.
- Failure to deliver all or some of the items as a result of the above points will result in additional charges to complete the delivery.
- Our delivery professionals are not permitted to install, move or modify electrical equipment or gas fixtures.
- Should any defects, damages or imperfections be noted at the time of delivery, TC will arrange repair or replacement at no extra cost to the Client.
- DISCLAIMER OF WARRANTIES
- TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) TC SALES CHANNELS AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) TC DISCLAIMS ALL WARRANTIES WITH RESPECT TO TC SALES CHANNELS AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS SECTION DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH TC SALES CHANNELS. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF TC AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
- LIMITATION OF LIABILITY
- TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: TC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA TC SALES CHANNELS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) TC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE TC SALES CHANNELS OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS;
- ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH THE INTERIOR DESIGNER AND TC.
- Force Majeure
- TC shall not be liable to Client for any delay or failure of TC to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of TC. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, third party outages, mistakes, or delays, or delays by Client in providing required resources or support or performing any other requirements hereunder.