Terms and Conditions
PAYMENT TERMS - A 50% deposit must accompany every order and payment of the balance due must be made before delivery. Purchaser shall pay in full when ordering instock/dropship merchandise. If Purchaser is acting on the behalf of a customer Purchaser and customer shall be jointly and severally liable under this agreement.
CANCELLATIONS/REVISIONS - There is no order cancellations. The Perfect Room’s acceptance of an order is final and binding. Order revisions will only be valid with The Perfect Room’s written authorization and will only be accepted by The Perfect Room if merchandise has not been placed into production or shipped and will be subject to a processing fee equal to 25% of the total order value of merchandise
STORAGE CHARGES - Purchaser will receive notification from The Perfect Room as to the date merchandise will be available for delivery. Postponement of delivery beyond 30 days of availability will result in storage charges per month equal to 3% of the total order value of merchandise.
A few years ago, my son Oscar and I were her guests for ten delightful days in Cuba. Every side trip, every meal, every minute was meticulously prearranged—the fun was effortless. And when I’m in London, popping back and forth between Gina’s house and Gaby’s, it’s the most homesick I ever feel for my hometown.
CREDIT - Notwithstanding any other terms hereon contained if in the opinion of The Perfect Room, Purchaser’s financial condition becomes unsatisfactory, The Perfect Room, in its sole discretion, may, at any time modify the credit of Purchaser, as to the time, amount or manner of payment and The Perfect Room may demand payment in cash before delivery of any goods covered by this Purchase Order or may demand anticipated payment on any amounts owing by Purchaser under terms of credit extended by The Perfect Room. Upon failure of Purchaser to make any payment or anticipated payment within five days after demand or in the event of any default, breach or repudiation by Purchaser of any of the terms of this Purchase order, or if Purchaser shall become insolvent calls a meeting of its creditors, or makes an assignment for the benefit of creditors, or if a bankruptcy, insolvency, reorganization or arrangement proceeding shall be commenced by or against Purchaser, The Perfect Room, in addition to exercising any and all other rights and remedies that The Perfect Room may have, may cancel delivery of the goods covered by this Purchase Order (Purchaser reminds liable for damages) defer any shipments hereunder declare forthwith due and payable all outstanding obligations of Purchaser under this Purchase Order sell all or any part of the undelivered goods to Purchaser provided that if any applicable law requires the giving of reasonable notice thereof.
PAYMENT ON DELIVERY - Any delivery not in dispute shall be paid for in full when due in accordance herewith, regardless of controversies or claims relating to other deliveries or undelivered goods under this Purchase Order or any other contract between Purchaser and The Perfect Room, and Purchaser will not assert the right of set-off or counterclaim that it may have against the Perfect Room in respect of any goods sold or provided to Purchaser by the Perfect Room or otherwise in connection with the enforcement of the payment terms of this Purchase Order.
CONTINGENCIES/DELAYS - Deliveries covered by this Purchase Order may be contingent upon The Perfect Room receiving shipment of merchandise. The Perfect Room shall not be liable for any failure or delay in delivery due to any causes beyond its control including, without limitation, labor difficulties (wherever occurring), accidents, contingencies or transportation, import restrictions, fires, floors, war, destruction or damage to The Perfect Room’s Distribution center, default or failure of its suppliers, governmental actions, Acts of God, or other causes of like or different character (whether or not contemplated by either party) beyond The Perfect Room’s control and in any such event The Perfect Room may, in its sole discretion, without notice to Purchaser, at any time from time to time postpone the delivery for the merchandise covered by this Purchase Order for a time which is reasonable under all the circumstances and at least for a period equal to the period of any such delay. Further, in any such event, The Perfect Room may allocate its available merchandise covered by this Purchase Order for a time which is reasonable under all the circumstances and at least for a period equal to the period of any such delay. Further, in any such event, The Perfect Room may allocate its available merchandise among any or all of its buyers on such basis as The Perfect Room, in its sole discretion may determine without liability for any failure to perform. Unexcused failure or delay in delivering any installment of goods as may be provided by this Purchase Order, or any defect in the goods included in any such installment, shall constitute a severable breach only and shall not entitle Purchaser to treat the whole of this Purchase Order as breached.
SHIPMENTS/RETURNS - Upon submitting your order, you will receive a confirmation via email within 48 business hours. At that time, our concierge service will call you to discuss details pertaining to your order and give you an estimated arrival date. All items will arrive to your door on the same day within 8-10 weeks time via our White Glove Delivery. Orders are shipped from the Perfect Room Distribution Centers. Merchandise becomes Purchaser's property once it leaves The Perfect Room Distribution Center and all shipments are made at Purchaser's risk. Method and route of shipment are at The Perfect Rooms discretion unless Purchaser supplies explicit instructions. Our white-glove delivery service is used to ensure that products that are oversize, heavy, fragile or one of a kind arrive safely. White-glove products cannot be shipped by any other delivery method because of their weight, their size and/or the special care and handling they require. White-glove deliveries are made Monday through Friday, 8 a.m. to 5 p.m. Weekend delivery is not available. As part of our white-glove service, we will bring the product(s) into your home, perform light assembly (e.g., attaching the legs to a table and inserting hardware) and dispose of the packaging materials. Our white-glove service is unable to provide more-involved types of assembly and construction, and we cannot move existing furniture or make any modifications to your home. Please measure your space (doorways, elevators, stairways, etc.) before buying products from us to ensure that they will fit into your home. If a product does not fit, it will be sent back to us and return shipping charges and a restocking fee of 25% will be deducted from the amount of your refund. In addition, the original shipping charges will not be refunded.
DAMAGED MERCHANDISE - Our quality control is of the highest standard and while we stand by each product we sell, due to the delicate nature of our collections, variances to occur on occasion. If you receive an order with notable signs of damage to the packaging do not accept the items or note on the Bill of Lading that the item arrived with damage to the packaging. Should you receive an item that shows signs of damage, please report this to us ([email protected]) within 48 hours of receipt. The Perfect Room will evaluate if the damage is freight related and determine the best course of action. We will issue a repair or replacement for the damaged item(s). If damage is freight related and we are notified after 48 hours of receiving the damaged items we will not guarantee that a refund, repair or return will be possible as our freight companies do not accept claims past this period of time.
REPAIR AUTHORIZATION - Written authorization from The Perfect Room must be obtained for all independent repairs. The Perfect Room will not honor chargebacks which are not authorized in writing.
WARRANTIES - There are no warranties which extend beyond the description on the face hereof (if any). No express warranties and no implied warranties whether of merchantability or fitness for any particular use or otherwise (except as to title) shall apply to products sold by us and no waiver, alteration or modification of the foregoing conditions shall be valid unless made in writing and signed by an executive office of The Perfect Room.
PURCHASER'S REMEDIES - The remedies provided herein are Purchaser’s sole and exclusive remedies. In no event shall The Perfect Room be liable for special, indirect, incidental or consequential damages whether in contract, negligence, strict liability, or otherwise, including but not limited to damage to property, loss of profits or revenue, or claims of customers of Purchaser for such other damages, whether on account of goods furnished by The Perfect Room or delays in delivery thereof The Perfect Room’s liability on any claim whether in contract, tort, negligence, strict liability or otherwise for any loss or damage arising out of , connected with, or resulting from the performance or breach of the terms hereof shall in no case exceed the price allocable to the good which gives rise to the claim.
LIABILITY - In the event of any breach of contract between Purchaser and ourselves, The Perfect Room’s liability shall be linked at its options to repayment to Purchaser of the purchase price paid to The Perfect Room upon return to The Perfect Room of the purchased goods, or to the repair or replacement of the non-conforming or defective goods. The Perfect Room shall not be liable directly or indirectly for any other damages direct or consequential and Purchaser hereby waives same. In the event that The Perfect Room are sued in court or any arbitration proceeding by a person or party to whom the merchandise is supplied or sold, Purchaser agrees to hold The Perfect Room and all companies of The Perfect Room harmless from the amount of any judgements or award against The Perfect Room in the excess of the limit of its liability to Purchaser as provided above and for all costs, expenses and attorney’s fees incurred by The Perfect Room in defense of any such action or proceeding. Damages visible to the naked eye which are not noted on delivery receipts at time of delivery are waived by Purchaser. Claims for latent defects must be made within one year of date of delivery to Purchaser, otherwise they are waived.
SECURITY INTEREST - The Perfect Room shall retain a security interest in the goods sold on credit to Purchaser, including any and all parts, attachments and additions thereto now or hereafter acquired and all replacements and subscriptions therefor and all proceeds from the sale of such goods, including accounts receivable, until paid in full by Purchaser. The Perfect Room may file any financing statements or their equivalent in any jurisdiction at any time it is deemed necessary to maintain its interest, with or without the signature of the purchaser. Purchaser agrees to execute any financial statements and any amendments thereto required by The Perfect Room and hereby specifically authorizes The Perfect Room to file such statements with or without its signature. Installment payments made by purchaser shall be applied to the goods as follows: in the case of merchandise purchased on different dates, the item delivered first shall be deemed paid for first, unless specifically identified otherwise.
DESIGNS - All designs are fully protected under copyright laws of the United States and other countries and may not be reproduced without prior written approval from The Perfect Room.
COST OF COLLECTION/INTEREST - Purchaser agrees to bear all costs of collection of any amounts due The Perfect Room and expenses incurred by The Perfect Room due to Purchaser’s breach of these Terms and Conditions or torious acts of Purchaser including reasonable attorney’s fees incurred by The Perfect Room. Purchaser shall be liable to The Perfect Room for interest on all overdue amounts at a rate of 3% of balance due per month.
ARBITRATION - This agreement shall be interpreted in accordance with the substantive laws of California. If any provision of this agreement shall be invalid, such provision shall be deemed severed and the remaining provisions of this agreement shall continue in full force effect. Any dispute under this agreement shall be resolved by arbitration in the City and State of California, pursuant to the rules of the American Arbitration Association and judgement upon the award rendered may be entered in any court having jurisdiction thereof, except that in the event an action is brought against The Perfect Room in any court or arbitral tribunal by a party who purchased the goods from Purchaser, The Perfect Room may implead Purchaser in as a party in such action.
PRICES - Prices on any undelivered goods subject to this Purchase order are subject to increase to the extent of added costs to, or expenses of The Perfect Room caused by federal, state or local governmental action, legislation, regulation or order affecting The Perfect Room’s costs or expenses (including without limitation, any action legislation, requisition or order affecting wages or hours and the institution of any taxes or custom duties not in effect on the date of this Purchase Order) and in the sole discretion of The Perfect Room, delivered covered by this Purchase Order may be modified to the extent necessitated by such action, legislation, regulation or order. The amount of increase in prices computed by The Perfect Room pursuant to this paragraph shall be binding upon Purchaser except for clerical or mathematical errors.
ASSIGNMENT - No rights or obligations of Purchaser hereunder or arising but of this Purchase Order may be assigned without the prior written consent of The Perfect Room. The Perfect Room’s rights and obligations hereunder may be assigned to any one or more third parties in whole or part.
MODIFICATION - The terms of this agreement cannot be modified except by a written agreement signed by The Perfect Room and Purchaser. If this agreement conflicts with any other Purchase Order between The Perfect Room and Purchaser or any other document pertaining to an order from The Perfect Room, the terms hereof shall prevail.
TRADEMARKS - No right to the use of any trademark or trade name of The Perfect Room is granted to Purchaser under this Purchase Order and Purchaser agrees to refrain from using directly or indirectly, any of The Perfect Room’s trademarks or trade names unless and to the extent authorized prior to any such use by The Perfect Room in writing.
NO WAIVER - The Perfect Room’s failure to exercise any of its rights for any period shall not constitute or be deemed a waiver or forfeiture of such rights.
VALIDITY - This Purchase Order is valid and binding upon receipt by The Perfect Room of a acknowledged copy by Purchaser, regardless of the medium by which the acknowledged Purchase Order is transmitted to The Perfect Room.