Retail / Trade / Commercial / Etailer Customers please fill out the application form below to sign up as a Seasonal Living customer. We will review your application and contact you within 24 to 48 hours pending approval. Asterisk (*) are required fields.
All other customers, please visit our Find a Retailer Map to locate a store to purchase Seasonal Living products.
All website and company elements within the SeasonalLiving.com website or in any other Seasonal Living® venue or materials, including but not limited to: design, website content and features, website functionality, printed catalogs, user manuals, product tear sheets, text, logos, button icons, video and 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 and other intellectual property or proprietary rights 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 and other intellectual property or proprietary rights 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 and other intellectual property or proprietary rights laws.
The trademarks (whether registered or unregistered) of Seasonal Living, including the look and feel of its online store or any other business venue or materials 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 in the marketplace or among direct or indirect consumers, 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. Prior to any use of the Seasonal Living logo or marks, you must contact Seasonal Living for express written permission to do so. By using the Seasonal Living logo or marks, you agree and accept that you can only use the logo or marks 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 marks at any time. You further understand and agree that all costs associated with use of or requests for discontinued use of the logo or marks are at your own cost.
REPRODUCTION OF WEBSITE CONTENT, CATALOGS AND RELATED MARKETING MATERIALS
As a Buyer (or potential Buyer) 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.
USE OF WEBSITE
You may use the Seasonal Living website only for lawful purposes and in accordance with the Seasonal Living Terms. You agree not to use the website (1) in any manner that violates any applicable federal, state, local or international law or regulation; (2) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by Seasonal Living, may harm Seasonal Living or users of the website, or expose them to liability; or (3) in any manner that could disable, overburden, damage or impair the website or that otherwise interferes with or attempts to interfere with the proper working of the website. Seasonal Living reserves the right to restrict access to parts of its website, or the entire website, to users from time to time.
As used herein, the term “Buyer” includes any person or entity that deals directly or indirectly with Seasonal Living, whether through the Seasonal Living website or through Seasonal Living’s employees, independent sales representatives, independent contractors or otherwise, including, without limitation, in connection with information collection, product inquiries, product purchasing, administration of orders, packaging, shipping and handling, or claims, and whether or not such person or entity actually purchases product.
The information gathered by Seasonal Living falls into two categories: (1) personally identifiable information voluntarily supplied by Buyers or other visitors to our website through optional registration, via email, 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 Buyers when a Buyer provides us with his/her name, business card or address at a trade show or allows trade show operators to collect and provide to us such information via electronic badges or otherwise, when a Buyer calls, faxes or emails Seasonal Living requesting a catalog or product information, when a Buyer (or potential Buyer) completes a form on our website under the “Contact” tab or through other websites that forward this information to us or when a Buyer places an order with Seasonal Living. Seasonal Living also collects information about Buyers and other visitors to our website through the use of “cookies” on our website. Through such interactions with Seasonal Living, Buyer may supply Seasonal Living with information such as Buyer’s name, Buyer’s company name, Buyer’s company or personal physical/mailing addresses, contact names, contact telephone numbers, shipping information and instructions, fax numbers, email addresses, financial information and credit history, Buyer’s tax identification number, credit card information, and customer product interests and preferences, or other information that our team determines is necessary or useful to our legitimate business interests.
To help make Seasonal Living’s websites more responsive to the needs of our website visitors, and to retain a visitor’s login information and online shopping cart, 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 the visitor’s computer. The cookie does not actually identify the visitor, just the computer that a visitor uses to access our site. Unless a visitor voluntarily identifies him or herself (through registration, for example), Seasonal Living will not know who the visitor is, even if Seasonal Living assigns a cookie to the visitor’s computer. The only personal information a cookie can contain is information the visitor supplies. A cookie cannot read data off a visitor’s hard drive. Seasonal Living’s advertisers may also assign their own cookies to a visitor’s browser, a process that Seasonal Living does not control. Visitors can set their browser not to accept cookies, but if a visitor does this, he or she may not be able to take advantage of the personalized features enjoyed by other visitors to our site.
WHEN WE COLLECT INFORMATION
In addition to collecting data through our website as discussed above, we collect information and data through direct and indirect communications with Buyers and potential Buyers, including (1) during the registration process on our website; (2) when a Buyer purchases products from our website or through a catalog or sales representative; (3) when a Buyer or potential Buyer completes a contact form on our website; (4) at trade shows via badge scanners or direct communication; (5) when a Buyer provides information to independent sales representatives contracted by Seasonal Living; (6); (7) data captured by communications with Seasonal Living customer service, such as credit card information, shipping and billing information, and names and email addresses/contact information for other parties included in an email related to a Buyer’s order; (8) information collected via outbound sales calls, emails blasts and email promotions; and (9) banking information and trade references collected from customers when setting up an account or establishing a credit facility with Seasonal Living.
HOW INFORMATION IS COLLECTED AND USED
We respect and value the information that we collect about our Buyers and do not want to jeopardize the flow of information between our Buyers and Seasonal Living. We do not currently sell the information we collect to other websites or businesses. However, from time to time, we may share personally identifiable information and personal data 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. We may also from time to time share data based on information collected from Buyers and other visitors to our websites to third parties who purchase advertisements in our catalogs or magazines.
Seasonal Living and its employees, independent sales representatives and independent contractors are responsible for the processing of your data. Third-party independent contractors that have access to and process your data include parties performing certain business operations on behalf of Seasonal Living, such as IT services, logistics, accounting services, administrative services, advertising and marketing services, product repairs or servicing, as well as the production and management of The Seasonal Living Magazine, the Seasonal Living Blog, or our e-newsletter or electronic and print catalogs. Seasonal Living also engages third-party debt collection agencies. Seasonal Living may provide personal information to contractors located outside the United States to perform certain administrative and accounting functions – Seasonal Living will take appropriate measures to safeguard Buyer’s personal data and ensure the necessary data protections when transferring personal data outside the United States. All third-party contractors that process Buyer’s data on behalf of Seasonal Living are instructed to process such data exclusively in accordance with Seasonal Living’s instructions.
Seasonal Living primarily uses collected information and data to perform ordinary business functions, including order processing, shipment and delivery of products to our direct Buyers and their customers, and responding to claims and requests from purchasers of Seasonal Living products. Seasonal Living and its representatives and agents may also use the data processed by these third parties to, among other things, (1) collect data on Buyer payment habits; (2) evaluate credit suitability; (3) inform advertising and promotional efforts to specific Buyer groups or generally; and (4) study analytics on Buyer preferences, interests, behaviors and purchasing histories.
If you do not wish for our administrators or partners 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.
HOW YOUR INFORMATION IS STORED
All personal data and information that Seasonal Living collects is stored in Seasonal Living’s accounting systems, electronic databases, email accounts, back-up servers/systems hosted by third parties, and in our physical files. We retain personal data and information for no longer than is necessary for the purpose for which it is collected, for archiving or security purposes, or as required by applicable law, after which time such data and information is destroyed, shredded or deleted. Seasonal Living typically retain transactional or business-related and tax data for a period of 5 years. Banking information and trade references are retained indefinitely so long as the Buyer desires to maintain an account with Seasonal Living. SeasonalLiving.com Buyer information is typically deleted if the Buyer does not respond to annual renewal requests, however, certain residual data may be retained in the Seasonal Living database.
LEGAL GROUNDS FOR PROCESSING PERSONAL DATA
Seasonal Living has a legitimate interest in collecting and processing personal data, namely as a necessity for the performance of contracts, to enable delivery of our products to our direct Buyers or their customers, to comply with our legal obligations, to support our advertising and marketing activities, to aid in Buyer support and communication, to evaluate Buyer eligibility to establish a credit facility with Seasonal Living, and to understand Buyer behavior, activities, concerns and needs in order to improve and develop our product offerings and services. In addition, our collection of Buyer’s personal data through our website when Buyer makes a purchase is legally based in Buyer’s giving of consent prior to such transaction.
CONDITIONS OF USE, NOTICE AND REVISIONS
LINK TO TERMS AND CONDITIONS:
THESE SALES TERMS AND CONDITIONS (THESE “SALES TERMS”) GOVERN YOUR PURCHASE OF PRODUCTS AND SERVICES FROM SEASONAL LIVING TRADING, LTD. CO., A TEXAS LIMITED LIABILITY COMPANY (“SEASONAL LIVING”). READ THESE SALES TERMS CAREFULLY. BY PLACING AN ORDER AND ACCEPTING THE PRODUCTS, YOU ARE AGREEING TO THESE TERMS.
All orders placed by the Buyer with Seasonal Living shall constitute an offer to buy, under these Sales Terms, all products and services listed on the applicable order and shall be subject to acceptance by Seasonal Living. Acceptance by Buyer of product shipped shall constitute full acceptance of these Sales Terms.
WARRANTIES AND DISCLAIMERS
Seasonal Living does not manufacture any of the products offered on its website, in its catalogs or otherwise, and the availability of such products does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, Seasonal Living makes no warranties with respect to the products or services offered by Seasonal Living. However, certain products offered by Seasonal Living are covered by a manufacturer’s warranty included with products and supplied to Buyer at the time an order is acknowledged and at the time goods are shipped to Buyer. To obtain warranty service for defective products, please follow the instructions included in the applicable manufacturer’s warranty.
ALL PRODUCT SOLD BY SEASONAL LIVING IS SOLD “AS-IS”, AND SEASONAL LIVING EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, EXCEPT TO THE EXTENT SUCH DISCLAIMER MAY BE LIMITED BY APPLICABLE LAW. NO RETURNS, EXCHANGES, CREDITS OR REFUNDS WILL BE PROVIDED FOR ANY PRODUCT SOLD BY SEASONAL LIVING UNDER A SPECIAL / CLOSE OUT / SALE / DISCOUNTED PRICE (INDICATED ON THE INVOICE FOR SUCH SALE). YOU AGREE AND AFFIRM THAT SEASONAL LIVING SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
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.
BUYER AGREES TO NOTIFY ITS CUSTOMERS THAT FAILURE TO ADHERE TO ALL PRODUCT INSTRUCTIONS MAY VOID ANY WARRANTY ASSOCIATED WITH SUCH PRODUCT.
LIMITATION OF LIABILITY
Seasonal Living continually updates its products. SEASONAL LIVING MAY REVISE AND OR DISCONTINUE PRODUCTS AT ANY TIME WITHOUT ADVANCE NOTICE TO BUYERS. 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 product items, colors and finishes may vary – it is important that you understand that the finishes and colors of our handmade ceramic items, handmade copper items and concrete items will vary and we are not able to guarantee consistency of color, glaze and or finish. Acceptance of returns of any order due to variations of handmade product shall be in the sole discretion of Seasonal Living and may be made subject to Buyer’s payment of a restocking charge. If you have specific requirements, please contact us to determine whether we can accommodate your needs.
PLEASE CAREFULLY REVIEW YOUR SALES ORDER. MISTAKES DUE TO A BUYER’S FAILURE TO CAREFULLY REVIEW A SALES ORDER ARE THE BUYER’S RESPONSIBILITY. EXCEPT AS OTHERWISE PROVIDED IN THESE SALES TERMS, ONCE GOODS HAVE PICKED, PACKED OR SHIPPED, NO CHANGES, REFUNDS OR CREDITS WILL BE MADE BY SEASONAL LIVING SO LONG AS THE GOODS CONFORM TO THE SALES ORDER.
Our pricing policies vary by distribution channels, minimum opening orders and repeat spend per year:
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 Buyers. 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 Buyers. In some cases, a minimal opening US Dollar spend is required for certain Design Trade Buyers.
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$5,500.00 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$7,000 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$5,500 minimum and meet the additional minimum re-spend of US$1,500 within the same calendar year. Should Seasonal Living determine that a Design Trade client has received Stocking Dealer pricing, Seasonal Living has the sole discretion to 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.
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 e-tailer’s being denied further product shipments. For a detailed IRP or MAP policy, contact Seasonal Living.
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 product.
Seasonal Living offers further volume and or container pricing. (See Container Orders below).
PRICES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT ADVANCE NOTIFICATION. Seasonal Living reserves the right to update its prices. When you submit your purchase order, prices will be re-confirmed to you. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your invoice.
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 Buyers 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 BUYER PLACES AN ORDER FOR PRODUCT WITH SEASONAL LIVING, BUYER AGREES TO ABIDE BY THE FOLLOWING ORDER PROCESS:
Buyer will provide Seasonal Living with a copy of Buyer’s re-seller tax identification (A scanned or faxed copy is acceptable) prior to or at the time that Buyer places first order with Seasonal Living in each calendar year. Each year, Seasonal Living will ask Buyer to re-submit Buyer’s re-seller tax identification. Buyer will submit a Purchase Order in writing to Seasonal Living through e-mail (in the form of a .PDF Document), fax, US mail, SeasonalLiving.com or via an authorized independent sales representative of Seasonal Living (an “Independent Representative”). Once we receive Buyer’s Purchase Order, we will send Buyer a Sales Order Acknowledgement that confirms the current price and estimated lead time of the product (Lead times may vary from what we advise based on third party logistics, Buyer should plan for added time should Buyer need product by a specific date. Seasonal Living cannot be held responsible for delays – we provide Buyer 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 Buyer’s Order to be processed. If Buyer places an order at a Trade Show or similar venue, Buyer will initially receive a hand-written Sales Order, and after the Trade Show is completed, Buyer 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 Buyer requires an invoice to enable payment for product, please contact us and advise. By purchasing product from Seasonal Living, Buyer acknowledges 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 (Unless Buyer’s order has been picked and packed) 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. Buyer’s order may also be cancelled in the event that Buyer’s account (with Seasonal Living) is not current and paid in full.
Seasonal Living may, in its sole discretion, reserve product for a prospective Buyer for a limited period of time (up to and including 5 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 product. If the product is not paid for in full within the reserved period, Seasonal Living may sell the product. 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.
Seasonal Living will 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 PRODUCT
Custom orders require the following:
Seasonal Living accepts Container Orders. Our Product Catalog and website provides Buyer with a guide to Net, Gross and CBM dimensional 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 a 10-15% of product that may not be accommodated on the container due to Seasonal Living’s inability 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 of the following:
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 product 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 product 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, STATE OR LOCAL GOVERNMENT ENTRY REQUIREMENTS (INCLUDING ALL LAW OR OTHER LABELLING REQUIREMENTS) IS AT BUYER’S RISK.
BACK ORDERED PRODUCT
Occasionally, the Seasonal Living warehouse will be out of stock/back ordered on some of its stocked products. We will notify Buyer on the Sales Order Acknowledgment that your ordered product is back ordered and we will advise Buyer of an approximate date when your back ordered product will be shipped. If a Product is back ordered by more than 30 days, we will ask that Buyer either cancels that backordered item OR provides us with a 30% non-refundable, non-creditable, non-cancellable deposit for Buyer to retain the back-ordered product item(s). If we do not receive Buyer’s financial deposit within 7 days of forwarding Buyer the original Sales Order Acknowledgment, we will automatically cancel the back ordered item(s) and e-mail Buyer the order of Cancellation for those specific items. Note: We are specifically reserving product for you (the Buyer). This deposit requirement ONLY applies to Buyers who do not have established credit terms with Seasonal Living.
All products require care and regular maintenance to maintain the original look and quality. Product care information is available to Buyer from the following sources:
SEASONAL LIVING IS NOT RESPONSIBLE FOR PRODUCT STAINING OR OTHER PRODUCT PROBLEMS BECAUSE BUYER, ANY OF BUYER’S CUSTOMERS, 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 OF ITS CUSTOMERS 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) PLUS ANY AND ALL MANUFACTURER INSTRUCTIONS INCLUDING BUT NOT LIMITED TO ALL SAFETY, PRODUCT INSTALLATION AND OPERATING INSTRUCTIONS.
FAILURE TO PROPERLY MAINTAIN / CARE FOR A PRODUCT ACCORDING TO OUR PRODUCT CARE INSTRUCTIONS WILL VOID ANY WARRANTY ASSOCIATED WITH SUCH PRODUCT.
GENERAL. 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 – Credit facilities are only available to stocking dealers (as defined) or to Trade Showrooms). 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. Product 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 product and shipping charges will be emailed to you the same day we ship the product to you. Container and Custom orders will be invoiced at different times depending on when we receive payment and when product 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 product 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 product 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 7.0 percent per month on all overdue amounts (this percentage is subject to change). 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$47.00 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 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 6 months from date of issue.
CREDITS VS. REFUNDS
Generally, Seasonal Living only issues Credits (defined as a sum of money that is credited to the Buyer’s Seasonal Living account). In rare circumstances, a refund in the form of a cash or credit card payment may be issued by Seasonal Living in its sole discretion.
STORAGE/FAILURE TO COLLECT PRODUCT
On occasion, Seasonal Living may at its sole discretion agree to store in-stock product paid in full for a maximum of (7) days before storage charges will automatically be applied to the account. Storage fees will be (10%) ten percent of the invoice total (Excluding any handling or shipping charges). All storage fees must be settled in full prior to shipment of product. 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 product after the agreed upon date of the storage term, Seasonal Living reserves the right to charge the Buyer a monthly storage fee (to be determined by Seasonal Living) to store the product (this fee will vary depending upon the amount or volume of product to be stored). These charges are due in full upon the Buyer returning to collect the product.
Product will not be released until all fees and charges have been settled. Seasonal Living assumes no responsibility for any damage or loss to purchased product 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 product from the Seasonal Living warehouse or from the factory.
AUTOMATIC SHIPMENT OF PRODUCT
To expedite shipping of Buyer’s product (Unless you notify us in writing to the contrary) we will automatically ship Buyer’s product, 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 the shipping estimate exceeds (25%) twenty-five percent of the product costs, Buyer will be notified via e-mail. If we do not hear back from Buyer within 48 hours of the e-mail notification, the order will be eligible for shipping and Buyer will be invoiced the shipping charges.
Upon order confirmation, Seasonal Living will automatically ship all in-stock product and ship back-ordered product as it becomes available. Requests to hold for complete shipment may result in storage fees. 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 product, 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 product 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.
Product 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.
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 Buyers 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 product 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.
SHIPPING RATES & DELIVERY
“Less than Load” (LTL) rates are based on the calculated density and / or freight class as determined by the National Motor Freight Corporation (NMFC) and are weight, class and dimensional based. All displayed transit times are estimates only and do not include day of pick-up of product from Seasonal Living. LTL shipments are not guaranteed delivery dates. Should you require a guaranteed delivery date, Buyer will be charged a higher shipping rate and the guaranteed date of delivery must be indicated on the original Purchase Order from Buyer. If this date is not indicated, then shipment delivery date is not guaranteed. If a freight shipment includes over-dimensional freight, additional charges and transit days may apply.
Seasonal Living reserves the right to amend, adjust or apply additional charges to Buyer’s account upon any of the following events occurring:
All disputes by Buyer (regarding all shipping and related charges) must be made in writing to Seasonal Living, clearly indicating the full extent of the disputed charging issues. All claims must be made within 30 days from the date of the freight delivery. Any claim outside of the 30 day notification window will be void.
In the event that Buyer chooses to arrange transportation of goods with a carrier that Buyer contracts with, Seasonal Living will levy a handling charge to cover packing and preparing the shipment.
If Buyer chooses to cancel all or part of an order after it has been picked, palletized, banded and wrapped, Buyer will be charged a (35%) thirty-five percent re-stocking charge.
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:
If you receive a package in error or receive the wrong product(s), please contact us within 48 (forty-eight) 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.
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, manufacturer instructions, warning labels, assembly instructions and other materials provided to you. Additionally, Buyers agrees to furnish all assembly instructions, User Manuals and any other sources of information to assist Buyer’s customers to safely set up, install and/or operate products in a safe manner. Certain products may require installation by a professional installation service or contractor. Buyer agrees to abide by all such requirements with respect to professional installation of products and to inform all of Buyer’s customers of such installation requirements.
RECEIPT OF DAMAGED PRODUCT
When Seasonal Living ships product from the Seasonal Living warehouse, title of product automatically transfers to the Buyer. As such, Buyer is responsible to process damaged product claims with the delivery carrier OR within Seasonal Living’s damage claim system. Details available upon request. Seasonal Living may, (but is not required), to assist you with processing a claim with the carrier for damage to product during shipment, provided you closely adhere to the following requirements:
SHORTAGE IN QUANTITY
Any claims for shortages must be made to Seasonal Living within 3 days after receipt of goods.
All sales are final. However, Seasonal Living may, in its sole discretion, accept returned goods or exchange goods subject to the following conditions:
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).
Seasonal Living expects its technical support personnel will be available to assist in handling problems involving Seasonal Living products 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
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.
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.
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.
To the extent a proposal, purchase order, confirmation letter or the like is inconsistent with these Sales Terms, unless expressly agreed in writing otherwise by Seasonal Living, these Sales Terms 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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