All website and company elements within the SeasonalLiving.com website or in any other Seasonal Living® venue, including but not limited to: design, printed Catalogs, user manuals, product tear sheets, text, logos, button icons, audio clips, software, images, graphics, downloads and data compilations in any form are the property of Seasonal Living Trading, Ltd. Co. (“Seasonal Living”) or one of its content suppliers and are protected by United States and international copyright laws. The compilation of all content on this site or in the Seasonal Living printed product catalog(s) are the exclusive property of Seasonal Living and is protected by United States and international copyright laws. All software used on this website is the property of Seasonal Living or its software suppliers and is protected by United States and international copyright laws.
The trademarks of Seasonal Living, including the look and feel of its online store or any other business venue owned by Seasonal Living and its affiliates, may not be used without the written consent of Seasonal Living. Seasonal Living’s trademarks include, but are not limited to, the Seasonal Living name and logos, graphics, page designs, button icons, scripts, service and product names or descriptions of Seasonal Living products, services, and programs, and those of its affiliates. All other trademarks that appear on this website are the property of their respective owners and are governed by their proprietary policies and the laws of the United States.
Seasonal Living’s trademarks may not be used in connection with any product or service that is not owned by Seasonal Living in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Seasonal Living. All other trademarks not owned by Seasonal Living or its affiliates that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Seasonal Living or its affiliates.
If you use the Seasonal Living trademark in a permitted context, use the ® symbol with the most prominent appearance of the “Seasonal Living” mark and the first use of the mark in text or body copy. You do not need to use trademark symbols with other Season Living trademarks unless those symbols are used in material that you are duplicating in a manner permitted by this policy. Under no circumstances may the ® or TM symbols be removed from duplicated materials. If you use the Seasonal Living Logo or Mark, you must contact Seasonal Living for express written permission to do so. By using the Seasonal Living Logo or Mark, you agree and accept that you can only use the Logo or Mark to the standards specified by Seasonal Living – NO variations are acceptable and will result in Seasonal Living requiring you to immediately discontinue use of the Logo or Mark at any time. You further understand and agree that all costs associated with use of or requests for discontinued use of the Logo or Mark are at your own cost.
REPRODUCTION OF WEBSITE CONTENT, CATALOGS AND RELATED MARKETING MATERIALS
As a customer of Seasonal Living, we permit you to electronically view and print hard copies of our printed Product Catalog, web pages from this website or hard copies of our electronic catalog sent to you or provided to you, with the sole purpose of placing an order or shopping with Seasonal Living. Intentional or unintentional commercial use of any elements or information on the Seasonal Living website, in our catalog, in Seasonal Living marketing materials or in any way relating to Seasonal Living is strictly prohibited unless express written permission is obtained in advance.
The information gathered by Seasonal Living falls into two categories: (1) personally identifiable information voluntarily supplied by customers or visitors to our website through optional registration or other methods and (2) non-personally identifiable information routinely gathered as visitors navigate through our website, visit our warehouse, or otherwise interact with Seasonal Living representatives. For example, we collect information about our customers when a customer provides us with his/her name, business card or address at a trade show, faxes or emails Seasonal Living requesting a catalog or product information, completes a form on our website under the “Contact” tab or through other websites that forward this information to us or when he/she places an order with us. We also collect information about customers through the use of “cookies” on our website. Through such interactions with Seasonal Living, you may supply us with information such as your name, your company’s name, your company or personal addresses, contact names, contact telephone numbers, shipping information, fax numbers, email addresses, credit card information and product interests and preferences.
To help make our sites more responsive to the needs of our visitors, we invoke a standard feature found in browser software, called a “cookie”. This assigns each visitor a unique, random number, a sort of anonymous user ID that resides on your computer. The cookie does not actually identify the visitor, just the computer that a visitor uses to access our site. Unless you voluntarily identify yourself (through registration, for example), Seasonal Living will not know who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply. A cookie cannot read data off your hard drive. Our advertisers may also assign their own cookies to your browser, a process that we do not control. You can set your browser not to accept cookies, but if you do, you may not be able to take advantage of the personalized features enjoyed by other visitors to our site.
HOW INFORMATION ON OUR WEBSITE IS COLLECTED AND USED
We respect and value the information that we collect about our customers and do not want to jeopardize the flow of information between our customers and Seasonal Living and we do not sell this information to other websites or businesses. However, from time to time, we may share personally identifiable information with third parties whose marketing products and services we believe might be of interest to you, or who help us maintain and administer our website. If you do not wish for our administrators to have access to your information, please do not register or submit any personal information to us. If you do not want to receive promotional emails from Seasonal Living, please click “unsubscribe” at the bottom of any promotional email.
CONDITIONS OF USE, NOTICE AND REVISIONS
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM SEASONAL LIVING TRADING, LTD. CO., A TEXAS LIMITED LIABILITY COMPANY (“SEASONAL LIVING”) READ IT CAREFULLY. NO OTHER TERMS APPLY. BY PLACING AN ORDER AND ACCEPTING THE PRODUCTS, YOU ARE AGREEING TO THESE TERMS.
ENTIRE AGREEMENT. The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional documents or terms that purport to be an agreement between Seasonal Living and the purchaser of the Seasonal Living products (the “Buyer” or “you”). Any attempt to supplement or amend these terms and conditions or to enter an order for product(s), which is subject to additional or altered terms and conditions, shall be null and void.
ACCEPTANCE. All orders placed by the Buyer with Seasonal Living shall be subject to acceptance by Seasonal Living. Acceptance by Buyer of merchandises shipped shall constitute full acceptance of these terms and conditions.
WARRANTIES. Seasonal Living makes no warranties except those stated in the manufacturer’s Warranty Information included with products and supplied to customer at the time order is acknowledged and at the time goods are shipped to customer. SEASONAL LIVING EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ALL MERCHANDISE SOLD BY SEASONAL LIVING UNDER A SPECIALS / CLOSE OUT / SALE / DISCOUNTED (INDICATED ON THE INVOICE FOR SUCH SALE) IS SOLD AS-IS, WITHOUT WARRANTY, AND NO RETURNS, EXCHANGES, CREDITS OR REFUNDS WILL B PROVIDED FOR SUCH MERCHANDISE.
PRODUCT SPECIFICATION. Seasonal Living continually updates its products. SEASONAL LIVING MAY REVISE AND OR DISCONTINUE PRODUCTS AT ANY TIME WITHOUT ADVANCE NOTICE TO CUSTOMERS. Products may deviate from their descriptions in marketing materials (ads, catalogs, specification sheets, etc.).
ACCURACY OF INFORMATION; HANDMADE PRODUCT VARIATION. Seasonal Living is not responsible for variations in color, dimensions and weights, as many products are handmade. Information provided relating to color, dimensions and weights is approximate. We can supply you with sample materials, but due to the nature of handmade merchandise items, colors and finishes may vary – it is important that you understand that the finishes and colors of our handmade ceramic items will vary and we are not able to guarantee consistency of color glaze and or finish. We will not accept returns of any order due to variations of handmade merchandise. If you have specific requirements, please contact us to determine whether we can accommodate your needs.
ONLINE PURCHASES. Purchases made online are subject to all of the Terms and Conditions provided herein and are specifically subject to the Purchase Order and Sales Order process outlined below. Information provided online is intended to provide Buyers with a general indication of the type and range of products sold and such information will not in any event be deemed to modify, limit or override the terms of a Sales Order. PLEASE CAREFULLY REVIEW YOUR SALES ORDER. MISTAKES DUE TO A CUSTOMER’S FAILURE TO CAREFULLY REVIEW A SALES ORDER ARE THE CUSTOMER’S RESPONSIBILITY. ONCE GOODS HAVE SHIPPED, NO CHANGES, REFUNDS OR CREDITS WILL BE MADE BY SEASONAL LIVING SO LONG AS THE GOODS CONFORM TO THE SALES ORDER.
PRICING POLICIES: Our pricing policies vary by distribution channels, minimum opening orders and repeat spend per year:
1) MSRP PRICING POLICY. The manufacturer’s suggested retail price (MSRP), list price or recommended retail price (RRP) of a product is the price that Seasonal Living recommends for retail sale of the product. The intention is to standardize prices among locations. Seasonal Living issues an MSRP price list to all of its qualified customers. Seasonal Living uses its MSRP price list to set pricing discounts for the Design Trade based on our assumptions concerning the volume and type of business provided by Design Trade Customers. In some cases, a minimal opening US Dollar spend is required for certain Design Trade customers.
2) STOCKING DEALER PRICING. Stocking Dealer prices are specifically designed for brick and mortar retailers (i.e. commercial retail buildings “open to the general public” during normal business hours). This pricing assumes retailers will purchase on a repeat and consistent volume order basis, providing Seasonal Living with a higher turnover and consistent levels of purchasing dollars. The annual minimum opening price for retailers is US$4,000.00 with a requirement that an additional US$1,500.00 be purchased within the same calendar year. Each calendar year, Stocking Dealers are required to purchase a minimum of US$5,500 to retain this pricing level. Failure to maintain this US Dollar purchasing level will result in Stocking Dealers having to reopen their account at the US$4,000 minimum and meet the additional minimum re-spend of US$1,500 within the same year. Should Seasonal Living determine that a Design Trade client has received Stocking Dealer pricing, Seasonal Living can determine whether to honor that pricing or require the Design Trade client to purchase at MSRP pricing with a discount as described in our MSRP pricing Policy.
3) E-TAILER OR ON-LINE WORLDWIDE WEB RETAILER PRICING. This pricing level is for online retailers who offer Seasonal Living products online. Seasonal Living has adopted a Minimum Advertised Price (MAP) policy (Internet Retailer Pricing or “IRP” Policy), applicable to all online/worldwide web resellers AND to retailers with bricks and mortar stores who sell Seasonal Living product online (physical retail store locations) (collectively, e-tailers), for all products manufactured and sold by Seasonal Living. The MAP / IRP Policy adopted by Seasonal Living applies to all online retailers and distributors who resell Seasonal Living products to end users or to any person(s) or entity that advertises or otherwise promotes these products online. Re-sellers are free to establish their own advertised and resale prices so long as they comply with the MAP (Minimum Advertised Pricing) or IRP Pricing Policy Guidelines. The MAP & IRP Policy is non-negotiable and will not be altered for any e-tailer or any form of distributor selling Seasonal Living products through electronic distribution channels. Failure to comply with Seasonal Living’s MAP or IRP pricing policy will result in the etailer’s being denied further product shipments. For a detailed IRP or MAP policy, contact Seasonal Living.
4) PROMOTIONAL/CLOSE OUT/SPECIAL PRICING/DISCOUNTED PRICING / SCRATCH N’DENT. From time to time, Seasonal Living may provide special promotional pricing and offers that are valid for a limited offer period. Special pricing or other discounted pricing promotions cannot be combined at any time. Payment is due in full at the time of order confirmation for discounted orders. At its sole discretion, Seasonal Living reserves the right to offer promotional or other discounted pricing directly to the general public. No Warranty is included with discounted merchandise.
5) VOLUME/CONTAINER PRICING. Seasonal Living offers further volume and or container pricing. See Container Orders below. IT IS THE BUYER’S RESPONSIBILITY TO READ, UNDERSTAND AND FOLLOW ALL PRODUCT CARE, OPERATION, SAFETY AND WARRANTY INSTRUCTIONS, AND TO FURNISH THIS INFORMATION TO THEIR CUSTOMERS.
IMPORTANT: Buyer agrees to notify its customers that failure to adhere to all product instructions may void any warranty associated with such product.
PRICING UPDATES. Seasonal Living reserves the right to update its prices. When you submit your purchase order, prices will be re-confirmed to you. PRICES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT ADVANCE NOTIFICATION. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your invoice.
PRICING ERRORS. Seasonal Living will correct any pricing errors when they are discovered. Seasonal Living will honor prices shown on its Sales Order Acknowledgments even if the price is incorrect (Exceptions to this policy apply to Design trade customers who position themselves as Stocking Dealers [See above]). When Seasonal Living honors a pricing error, it will be for that order only. All future orders will be at corrected pricing.
THE ORDER PROCESS
If you choose to request a pricing quote from Seasonal Living, note that quoted prices are subject to correction or change at any time until an order is confirmed with a Seasonal Living Sales Order Acknowledgment. Seasonal Living is not obligated in any way to be bound by quoted prices as final/confirmed prices.
IF YOU PLACE AN ORDER FOR MERCHANDISE WITH SEASONAL LIVING, YOU AGREE TO ABIDE BY THE FOLLOWING ORDER PROCESS:
You will provide Seasonal Living with a copy of your re-seller Tax identification (A scanned or faxed copy is acceptable) prior to or at the time that you place your first order with Seasonal Living in each calendar year. Each year, Seasonal Living will ask you to re-submit your re-seller tax identification.
You will submit a Purchase Order in writing to Seasonal Living through e-mail, fax, US mail, SeasonalLiving.com or via an authorized independent sales representative of Seasonal Living (an “Independent Representative”). Once we receive your Purchase Order, we will send you a Sales Order Acknowledgement that confirms the current price and estimated lead time of the merchandise (Lead times may vary on what we advise based on third party logistics, you should plan for added time should you need merchandise by a specific date. Seasonal Living cannot be held responsible for delays – we provide you with lead times based on the best information we have at the time of the Sales Order confirmation). The Sales Order Acknowledgment is the only confirmation that permits your Order to be processed. If you place an order at a Trade Show or similar venue, you will initially receive a hand-written Sales Order, and after the Trade Show is completed, you will receive a computer-generated Sales Order Acknowledgment, the final Contract between Buyer and Seasonal Living.
A Sales Order is not an Invoice. Invoices are generated at the time product ships from our warehouse. If you require an invoice to enable payment for merchandise, please contact us and advise. By purchasing merchandise from Seasonal Living, you acknowledge and agree that the Sales Order Acknowledgment is the ONLY form of acceptance of Buyer’s order.
CHANGES OR CANCELLATIONS. Any additions, quantity changes, or changes in specifications of accepted orders will generate a new Sales Order Acknowledgement for the entire order and the possibility of a new scheduled shipment date. All sales are final. Item cancellations and quantity reductions may be made at least 3 business days prior to the scheduled shipment date for most purchases, except for custom or discounted purchases. We may delay or cancel any accepted order before shipment if our credit department does not approve of Buyer’s credit or payment history.
RESERVED MERCHANDISE. Seasonal Living may, in its sole discretion, reserve merchandise for a prospective Buyer for a limited period of time (up to and including 30 days from the date that Seasonal Living notifies Buyer that the product is reserved), subject to payment of a non-refundable deposit of 35% of the purchase price for such merchandise. If the merchandise is not paid for in full within the reserved period, Seasonal Living may sell the merchandise. Furthermore, in such an event, you will have forfeited your right to the deposit, and you will not receive credit for the deposit against future orders.
SPECIAL ORDERS. We accept orders for items and colors that are not normally stocked. Special order purchases cannot be cancelled once the order is confirmed. All special orders require a 50% deposit or payment in full with the balance due in full before goods are shipped from Seasonal Living’s manufacturing facilities.
CUSTOM ORDERS, SPECIAL ORDER ITEMS AND MADE TO ORDER MERCHANDISE: Custom orders require the following:
All Special Order Only and Custom Orders once confirmed are non-cancellable and non-refundable (including deposits). We cannot accept returns, requests for credit or exchanges on Available by Special Order Only or Custom Orders.
Lead times on Special Order Only or Custom Orders will vary. We will provide an estimated delivery date, but we cannot guarantee a delivery date.
Any Special Order Only and Custom Orders received by Seasonal Living into its warehouse held by Seasonal Living for more than 7 days after notification to Buyer will, be forfeited by Buyer, without any refunds or additional notices due to the Buyer. If Buyer contacts Seasonal Living after expiration of the 7-day period, and if the merchandise is still available, then Buyer will be charged a 30% (of merchandise cost) handling and storage fee.
CONTAINER ORDERS. We accept Container Orders. Our Product Catalog and website provides Buyer with a guide to Net, Gross and CBM information which will permit Buyer to provide Seasonal Living with initial breakdown of Container Order. Seasonal Living will work with its manufacturing facility to try to ensure that ordered items can fit into client specified container size. Buyer understands and acknowledges that container orders may result in 10-15% of product that may not be accommodated on the container due to Seasonal Living’s in-ability to fit items perfectly (despite the use of computer generated container modelling). In the event that a larger container or one or more additional containers are needed, Buyer shall be responsible for all additional costs associated with the larger or additional containers. For all Container Orders, we require at the time of order confirmation the following:
All damage to packaging and merchandise must be catalogued, and photographed, with complete detail provided to Seasonal Living within this period. Failure to inspect merchandise within this five (5)-day period will forfeit any claim of damaged merchandise. Seasonal Living strongly recommends that Buyer obtains insurance coverage for damage during shipment. Seasonal Living is not responsible for any damage incurred during shipment or during unloading or the unpacking process.
INTERNATIONAL ORDERS. Seasonal Living is able to accept orders from countries around the world. We permit only full container purchases from countries outside of the North American geographical region, Mexico and the Caribbean. In some instances, Seasonal Living may permit Buyer to combine shipments from different manufacturers in the same container so long as the merchandise Buyer is purchasing originates in the same country.
Buyer assumes all additional costs and risks of container consolidation. Buyer is responsible for providing Seasonal Living with any specific requirements regarding Customs entry. Seasonal Living will provide details on Buyer’s invoice that defines “Country of Origin”. Any other special requests such as country of origin labels, security filing, fumigation certificates, CITES Certificates or any other special requirement that will be required to allow Buyer’s merchandise to enter into Buyer’s country is Buyer’s sole responsibility. FAILURE TO
PROVIDE SEASONAL LIVING WITH INFORMATION WITH RESPECT TO THE CORRECT NATIONAL/FEDERAL OR LOCAL GOVERNMENT ENTRY REQUIREMENTS IS AT BUYER’S RISK.
BACK ORDERED MERCHANDISE. Occasionally, the Seasonal Living warehouse will be out of stock/back ordered on some of its stocked products. We will notify you on the Sales Order Acknowledgment that your ordered merchandise is back ordered and we will advise you of an approximate date when your back ordered merchandise will be shipped. If a Product is back ordered by more than 30 days, we will ask that you either cancel that backordered item OR provide us with a 30% non-refundable, non-creditable, non-cancellable deposit for you to retain the back-ordered merchandise item(s). If we do not receive your financial deposit within 7 days of forwarding you the original Sales Order Acknowledgment, we will automatically cancel the back ordered item(s) and e-mail you the order of Cancellation for those specific items. Note: We are specifically reserving merchandise for you. This deposit requirement ONLY applies to customers who do not have established credit Terms with Seasonal Living.
PRODUCT CARE. All products require care and regular maintenance to maintain the original look and quality. Product care information is available to you from the following sources:
SEASONAL LIVING IS NOT RESPONSIBLE FOR PRODUCT STAINING OR OTHER PRODUCT PROBLEMS BECAUSE BUYER, ANY END USER, OR ANY OTHER SIMILARLY SITUATED PARTY HAS FAILED TO READ AND PROPERLY CARE FOR THE PRODUCT ACCORDING TO THE APPLICABLE PRODUCT CARE OR WARRANTY INSTRUCTIONS. BUYER SHALL ENSURE THAT EACH PURCHASER AND END USER OF THE PRODUCTS IS PROVIDED AT TIME OF SALE WITH A COPY OF THE APPLICABLE PRODUCT CARE AND PRODUCT WARRANTY DOCUMENTATION FOR SUCH PRODUCT(S). Failure to properly maintain / care for a product according to our Product Care Instructions will void any Warranty associated with such product.
PAYMENT. Payment in full must be made at the time of order unless credit terms have been established with Seasonal Living (please contact us to apply for credit terms). For orders placed outside of the U.S. and Canada, the only acceptable forms of payment are: Wire Transfer or full payment in cash (US Dollars) only. For orders placed within the U.S. and Canada, we accept the following forms of payment: US Dollars, wire transfer, business checks and the following credit cards: Visa, MasterCard and American Express only. Seasonal Living will charge credit cards upon order shipment or for a deposit. Merchandise is shipped only upon receipt of full payment or subject to credit terms agreed in advance with Seasonal Living. Credit terms may be given, withheld, or conditioned in the sole and absolute discretion of Seasonal Living.
A copy of your PAID INVOICE(S) for both your merchandise and shipping charges will be emailed to you the same day we ship the merchandise to you. Container and Custom orders will be invoiced at different times depending on when we receive payment and when merchandise ships. Additional shipping charges may apply for custom orders shipping from another part of the United States.
TIMING OF PAYMENT. Unless you have established credit terms with Seasonal Living, upon presentation of your Sales Order Acknowledgement OR an e-mail advising that you merchandise is ready for shipment you are required to provide payment in full for the Products that we have packed ready and are shipping to you. IF YOU DO NOT PROVIDE PAYMENT IN FULL WITHIN 7 BUSINESS DAYS OF RECEIPT OF YOUR SALES ORDER ACKNOWLEDGMENT OR EMAIL NOTIFICATION, your Order will be cancelled and you will receive a notice of Order Cancellation. If you wish to reorder, you will be required to generate a new Purchase Order, subject to merchandise availability.
LATE PAYMENT FEES. In the event that you fail to settle your accounts when they become due to Seasonal Living, we will charge a late payment fee in the amount of six percent (6.0%) on all overdue amounts (this percentage is subject to change). In addition, all such past due amounts shall accrue interest at the rate of one and one-half percent (1.5%) per month. These fees must be settled in full before Seasonal Living will engage in further business transactions with you. Additionally, you agree to pay the costs of any credit collection agency and legal fees incurred by Seasonal Living to collect late payments from you.
FEE FOR RETURNED CHECKS. Checks returned to Seasonal Living for lack of sufficient funds will automatically be charged a US $30.00 fee.
FEE FOR DECLINED CREDIT CARD CHARGES. If Seasonal Living has to contact Buyer more than once (via e-mail) that your credit card has been declined; Seasonal Living will charge Buyer an administrative fee of US$25 per credit card decline. Seasonal Living will provide Buyer with a copy of Buyer’s credit card declined charge each time we levy a charge. All credit card fees for declined charges must be settled before we ship goods to Buyer. In the event that Buyer chooses to cancel the order, these credit card declined fees will remain on Buyer’s account and must be settled before we can accept any new orders. Should your credit card be declined more than three (3) times, we will send you a final email and then close your order (custom orders or deposit paid orders exempt) and you will receive an e-mail from us with a copy of your closed order along with fees charged for credit card declines.
IN STORE CREDITS. Seasonal Living may occasionally issue In-store Credits, which expire if not used within six (6) months from date of issue.
STORAGE/FAILURE TO COLLECT MERCHANDISE. On occasion, Seasonal Living may at its sole discretion agree to store merchandise paid in full for a limited period of time. It is Seasonal Living’s right to determine the duration of the storage period. In the event Buyer does not return to Seasonal Living’s warehouse to collect the merchandise after the agreed upon date of the storage term, Seasonal Living reserves the right to:
Seasonal Living assumes no responsibility for any damage or loss to purchased merchandise stored beyond the agreed upon storage period. In the event that goods remain unclaimed for a period of 12 months from the purchase date, Seasonal Living reserves the right to sell and dispose of the purchased goods at its own discretion.
TITLE TO PRODUCTS. Title to product(s) passes from Seasonal Living to Buyer upon shipment of merchandise from the Seasonal Living warehouse or from the factory.
AUTOMATIC SHIPMENT OF MERCHANDISE. To expedite shipping of Buyer’s merchandise (Unless you notify us in writing to the contrary) we will automatically ship Buyer’s merchandise, subject to the payment terms set forth herein. We will be providing Buyer with the best estimated shipping charges which will be shown on Buyer’s Quote or the Seasonal Living Sales Order Acknowledgement. In the event that shipping charges exceed seventeen percent (17.0%) of the merchandise value, Seasonal Living will notify Buyer for written approval to ship merchandise. In the event that Seasonal Living does not receive written approval from Buyer on the shipping charges, Buyer’s order will not be processed. This means that Seasonal Living will prioritize other customers for merchandise stock ahead of Buyer’s Order. Please be sure to respond promptly. In the event that after contacting Buyer via e-mail on two (2) separate occasions, and still not receiving any response, Buyer’s Order will then be closed and a notice of order closure will be e-mailed to Buyer.” For close outs and other discounted orders, we will notify you of the shipping charges. Some items may be suitable to ship via UPS or FedEx (ask our customer service team for these suitable items).
SHIPPING. Shipping is FOB point of origin of the Products unless otherwise agreed (or advised on your Sales Order Acknowledgment) in writing between both parties. Seasonal Living is not liable for any delays in shipping. By Agreeing to Seasonal Living shipping your merchandise, Buyer Agrees that Seasonal Living will select shipping carrier and most appropriate form of shipment.
Seasonal Living uses third party independent common carriers to transport Buyer’s merchandise from its warehouse or manufacturing facilities. Buyer Understands and Acknowledges that Terms stated herein are set by the common carriers / shipping companies.
These Terms are non-negotiable. If Buyer fails to follow Terms as set forth, Buyer Agrees that shipping claims will be denied.
Merchandise prices do not include handling and shipping charges. Assuming that (at the time of order placement) you have provided Seasonal Living with written accurate and complete detailed shipping information, we will provide you with a written Shipping Estimate. This shipping estimate is subject to change until Buyer’s order is confirmed and ready for shipment. Seasonal Living will only arrange for the shipment of orders with a merchandise value of $1,200 or more per shipment. For merchandise orders that are less than this amount, Buyer will be responsible for arranging all shipments. After Sales Order confirmation, all shipping quotes are valid for 20 (twenty) days only.
Seasonal Living will notify you by e-mail once your product has shipped. Seasonal Living will provide you with a copy of your PAID invoice. In addition, Seasonal Living will provide you with a tracking number (not applicable to Container Orders). Delivery times vary and deliveries only take place Monday through Friday. Commercial delivery customers will not receive notice as to when their shipment will be delivered unless they specifically request this additional service in writing at the time of order. Commercial address deliveries will be made during normal business hours. Seasonal Living does not offer any form of residential delivery (other than through White Glove or for select FedEx or similar shipments). If Buyer wishes residential delivery, then Buyer must provide Seasonal Living with a third party commercial furniture handling / delivery service OR use a White Glove Service (Read: White Glove Service). Only items that can ship residential are via UPS or FedEx type services. In the event that Buyer specifies a residential address that is not for White Glove Service, Seasonal Living will levy a penalty charge of $200 per delivery to cover Seasonal Living administrative costs related to handling a residential delivery. The penalty charge is due before the shipment is re-directed to a residential address and is in addition to the shipping charges that were assessed prior to shipment from the Seasonal Living warehouse or factories.
Standard delivery to a business address means delivery to Buyer’s commercial loading dock (unless otherwise specified). Most shipments are heavy and if you do not have a loading dock, we recommend that you request a lift gate service. The delivery companies do not provide enough manpower to off-load your merchandise without the ability to move it on to a loading dock or on to a lift gate. If you do not indicate your delivery requirements and the delivery company needs to provide additional services, you agree that Seasonal Living may charge you/Buyer’s credit card on file for additional delivery services.
You may incur additional shipping charges if you do not provide detailed written information to us regarding the shipping address. For example, if you reside or your business is located in an area that does not provide easy road or street access for a large delivery vehicle you must advise us of this information in advance or the shipping company will charge additional fees which will automatically be charged back to you or to the credit card you provided for payment of shipping charges. Any special delivery requirements must be clearly set forth in writing at the time of order placement.
WHITE GLOVE SERVICE: Seasonal Living can arrange for White Glove Services. It is Buyer’s responsibility to provide at time of order the following and complete information:
ORDER/SHIPPING ERROR. If you receive a package in error or receive the wrong product(s), please contact us within 48 hours of receiving the package to arrange for a pickup and re-shipment of the correct products with no charge for shipping. Do not dispose of any packing materials or you will be required to pay for the packing materials necessary to repackage the product for return shipping.
DELIVERY ACCESS. In the event Buyer authorizes delivery access through adjacent properties for delivery, Buyer represents it has obtained permission from the owners of such adjacent properties and agrees to hold Seasonal Living harmless for any liability or damages incurred as a result of the use of such adjacent properties.
INSTALLATION AND ASSEMBLY. Installation and assembly shall be the responsibility of the Buyer and Buyer shall be responsible for all assembly needed to install product. You must read all product operation manuals, warning labels, assembly instructions and other materials provided to you. Additionally, you agree to furnish all assembly instructions, User Manuals and any other sources of information to assist your customers to safely set up and install products in a safe manner.
RECEIPT OF DAMAGED MERCHANDISE. When Seasonal Living ships merchandise from the Seasonal Living warehouse, title of product automatically transfers to the Buyer. As such, Buyer is responsible to process damaged merchandise claims with the delivery carrier. Seasonal Living may, (but is not required), to assist you with processing a claim with the carrier for damage to merchandise during shipment, provided you closely adhere to the following requirements:
FAILURE TO FOLLOW THE ABOVE PROCEDURES MAY INVALIDATE YOUR SHIPPING CLAIM WITH THE CARRIER FOR DAMAGES DURING SHIPMENT.
SHORTAGE IN QUANTITY. Any claims for shortages must be made to Seasonal Living within five (5) days after receipt of goods.
RETURNS/EXCHANGES. All sales are final. However, Seasonal Living may, in its sole discretion, accept returned goods or exchange goods subject to the following conditions:
LIMITATION OF LIABILITY. SEASONAL LIVING’S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR THE MERCHANDISES ORDERED. IN NO EVENT SHALL SEASONAL LIVING BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICES SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. SEASONAL LIVING SHALL NOT HAVE ANY LIABILITY TO OTHERS FOR INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
TAXES. Prices do not include any sales, local or similar taxes. Texas residents and orders delivered in Texas will be charged sales tax. Buyer shall pay all such taxes or provide Seasonal Living with an appropriate tax exemption certificate (State issued, Re-seller Tax Certificate).
BUYER/TECHNICAL SUPPORT. Seasonal Living expects its technical support personnel will be available to assist in handling problems involving Seasonal Living merchandises over the telephone. However, Seasonal Living’s support personnel may not be able to understand or resolve a particular problem. While Independent Representatives or Seasonal Living dealers may be able to assist you and may make recommendations, they are NOT authorized to vary or waive this disclaimer. Buyer must determine for themselves the suitability and compatibility of the products in each and every particular instance.
VENUE/GOVERNING LAW/WAIVER OF JURY TRIAL. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. The parties hereby waive trial by jury with respect to any dispute relating to this Agreement or Buyer’s order. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, at the election of the initiating party, shall be adjudicated either by the courts of the State of Texas or the United States of America Western District Court for the Western District of Texas, where applicable, or by arbitration in Austin, Texas, in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) and judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction and venue or venue as provided above. Each party agrees to personal jurisdiction in any of these forums for dispute resolution and will not challenge the service of process, the legal authority or the jurisdiction of any proceedings.
ATTORNEYS’ FEES. In any action or proceeding between or among the parties hereto to interpret or enforce any of the provisions hereof, the prevailing party shall, in addition to any other award of damages or other remedy, be entitled to reasonable attorneys’ fees and costs.
HEADINGS. The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
FORCE MAJEURE. Seasonal Living shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Seasonal Living. Quantities are subject to availability. In the event of shortage, Seasonal Living may allocate sales and deliveries at its sole discretion.
WAIVER/INVALIDITY. Failure of Seasonal Living to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
SEVERABILITY. If any part of this Agreement is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
CONFLICTING TERMS. To the extent a proposal, purchase order, confirmation letter or the like is inconsistent with this Agreement, unless expressly agreed in writing otherwise, this Agreement will govern.
CHANGES TO SEASONAL LIVING TERMS AND CONDITIONS. Seasonal Living retains the right to alter, modify or change any of its business Terms and Conditions at any time. Contact Seasonal Living or visit our website for a copy of our current Terms and Conditions.
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