Terms & Conditions of Sale

TERMS

• Urban Decors reserves the right to refuse to sell to any party for any reason, including but not limited to credit reasons.
• These Terms & Conditions of Sales governed all Customer sales order, quote, invoice or other written proposal of work of Urban Decors (the "Contractor"). Customer is defined to be a homeowner, designer or other contractor who has entered with Contractor to perform work. The Terms and Conditions are not transferrable or assignable.
• Customer accounts are opened under the following terms: Payment Before Delivery (Proforma), Net 30 or Credit Card. Credit Card accounts give specific permission to Urban Decors LLC to charge credit card upon completion of order
• On specific orders we may require a 50% deposit prior to commencement of manufacturing.
• A $50.00 fee will be charged for any returned checks.
• Late payments on a Net 30 account will cause the account to become Payment Before Delivery (Proforma), or Credit Card. A late fee of $20.00 PLUS 1.5% interest per month (18% per annum) will be added to all invoices not paid within 30 days.
• Interest charges are applied on the 45th day from date of shipment.
• Urban Decors reserves the right to review and change account terms at any time.
• Any and all legal or collection costs that are incurred in curing past due accounts will be the sole responsibility of the customer and will be added to outstanding account balances.
• All requests for credit on invoices that are priced incorrectly or contain other invoicing errors should be sent to Urban Decors in writing within 30 days of the invoice date.
• These Terms & Conditions of Sale may be revised, amended, or replaced at any time at Urban Decors discretion.
• All disputes relating to use or purchase on any products shall be brought in the state or federal courts residing in the State of Georgia, and you irrevocably consent to jurisdiction and venue in such location.

PRODUCTION/DELIVERY

• Due date listed on the sales order confirmation or given verbally by Customer Service indicates that the order will be shipped or ready for Will Call at the END of that business day.
• Standard orders should ship within 15 working days of order receipt and finalization of specifications.
• Rush orders are accepted on a limited basis. These should be handled as an exception and not a rule. Rush orders may be refused for any reason whatsoever. Rush orders surcharges are: 1. 25% on orders shipped 8 working days from order receipt. 2. 50% on orders shipped 5 working days from order receipt.
• Scheduled ship dates are based on production variables and are difficult to expedite. Any date changes will incur the change charge as delineated above
• Nature of order will be taken into account when assigning scheduled ship dates.
• All orders are shipped FOB warehouse. Delivery charges are to customer's account.
• Shipping charges include handling and packaging charge.
• Certain orders may require additional packaging and/or special handling, which will be an additional charge on the order.
• A package and handling charge of $15.00/rod will be added to all custom traverse rods over 120” in length.

WILL CALL ORDERS

• Due date listed on the sales order confirmation or given verbally by Customer Service indicates that the order will be ready for Will Call at the END of that business day. Please plan to pick up the order on the following business day.
• Accounts with Payment Before Delivery (Proforma), or Credit Card Terms must pay for their Will Call orders in full at time of pick up.
• Will Call orders not picked up after 4 weeks will be returned to inventory and will be subject to a 50% production fee.

ORDERS - New Orders

• To ensure correct ordering information, we prefer that all orders be emailed or faxed.
• Review orders for accuracy and completeness before sending.
• Manufacturer's best judgment will prevail on order details not provided before processing an order.
• Any errors or omissions are the customer's sole responsibility.
• Verbal orders will NOT be accepted at any time.
• Orders received by 12:00 Noon Eastern Time will be deemed to be received on that business day.
• Incomplete or orders with questions will be deemed to be received on the date that all queries have been answered and the order is complete.
• Duplicate orders sent and executed will be the customer's sole responsibility.
• Urban Decors will attempt to email Order confirmation to customers within 72 hours of receipt of order.
• Sales Tax will be charged on orders from Georgia customers not having a valid resale certificate on file

ORDERS - Order Changes/Revisions

• All revisions and changes MUST be in writing, and should be submitted via fax or e-mail.
• Customer changes and revisions will NOT be accepted after 5 working days from order receipt.
• Changes and revisions on any rush order will not be accepted after 24 hours from order receipt.
• There will be a $20.00 charge for customer changes received more than 48 hours after the original order.
• There will be NO charge for changing shipping instructions up to the scheduled ship date.
• There will be NO charge to add items to an order up to 2 working days from order receipt.
• There will be NO charge for making changes that stem from clarification of orders.
• Any changes or revisions may affect the shipping date.

ORDERS - Order Cancellations and Hold

• Any orders cancelled or held beyond 48 hours of placing the order will be subject to a cancellation charge of $25.00 plus a 25% restocking fee. The same will be charged at 100% after 5 days.
• Any custom items, such as cut rods or traverse rods, cannot be restocked and are NOT refundable.
• Rush orders cannot be cancelled or put on hold.
• All requests for order hold or cancellation must be sent in writing.

CUSTOM ORDERS

• All work is to be performed according to our standards, knowledge and beliefs. We reserve the right to refuse any work or materials that doesn't conform to our standards, knowledge or beliefs.

RETURN POLICY

• No product will be accepted for return without prior authorization. Please call your Customer Service Executive prior to returning any merchandise.
  1. The Customer Service Executive will issue a Return Authorization (RA) #.
  2. The RA # MUST be noted on all packages that are returned.
  3. If the return is due to Urban Decors error or omission, a call tag will be issued for picking up material to be returned.
  4. Shipping charges on all returns other than defective or damaged merchandise will be borne by the customer.
• The customer will pay a 35% restocking fee.
• Rings, standard brackets and finials will be accepted for return.
• With the exception of defects and damages:
  1. Orders made to customer's specifications cannot be returned.
  2. Rods cut to customer's specification are NOT returnable.
  3. Made to order items like traverse rods (The Loft, Element and Metropolis) collections are NOT returnable.
  4. Wave Fold or ripplefold carriers and snap tape are NOT returnable.
  5.Discontinued and limited edition are considered final sale items and are not eligible for return.
• On applicable items, credit for returns will be issued.
  1. Credit for restocked items is "on account" and will be applied against open invoices and/or future order. At no time will there be a cash/check/credit card refund.
• No return request will be accepted after 30 days from invoice date.

DEFECTIVE MERCHANDISE

• Orders should be checked upon receipt.
  1. Any defective or missing material should be reported within 1 week to Urban Decors.
  2. Customer should refuse all packages that have visible damage or are open and may be missing items.
  3. Any missing packages should be reported to Urban Decors within 48 hours of receipt of order.
  4. Urban Decors will be responsible for any shipping related claims.
• Urban Decors will repair or replace any defective merchandise at its sole discretion.
• Urban Decors will be responsible for any freight charges to return defective merchandise.
  1. RA # and a Call Tag will be issued by the Customer Service.
• If, upon examination, the merchandise is found to be NOT defective, the customer will be charged freight.
• All orders are shipped FOB warehouse. Delivery charges are to customer's account.
• Shipping charges include handling and packaging charge.
• Certain orders may require additional packaging and/or special handling, which will be an additional charge on the order.
• A package and handling charge of $15.00/rod will be added to all custom traverse rods over 120” in length.

FINISHES

• 1. Wood finishes are done by hand and/or sprayed for each order, thus some variation in tone and appearance will occur. These are one-off items.
  2. Wood naturally adsorbs stain. The grain of the wood can result in the wood adsorbing the stain unevenly across the surface area. This means that some areas may appear darker than others depending on the wood grain. This variation is part of the inherent beauty of stain wood as opposed to painted wood.
  - Hardwood is very characterful and we cannot offer or guarantee any uniformity, tone or colour throughout the wood. It is the character of timber and not a defect. If you are not prepared to accept the variety of colours and grains found in wood, you should consider buying a different product.
  3. Finials, poles, brackets and rings each absorb stain differently, which means that a set of hardware will contain color variations driven by the wood grain of each piece.
• All custom finishes will require a strike-off approved by the customer before the Urban Decors finishes the product. A onetime net charge of $35.00 will apply to the strike-off.
• The lithographic color reproductions presented in the catalog or website may not accurately reflect the true tones, lusters and depths of the finishes. Please refer to finish samples (color selector) for a more accurate representation.

WOOD PRODUCTS

• 1. Wood is a natural product that responds to temperature and humidity variations by expanding and contracting. Sometimes these changes may be noticeable in the physical appearance of the product.
  2. Although every care is taken to ensure our products are able to handle temperature and humidity changes, the conditions of your home can affect the wooden products you buy from us. Your items can experience small movements and cracks as it adjusts - this is not a fault, but a natural occurrence within the fibres of a natural product. We advise you to keep the product in consistent, stable conditions to minimise the affects of temperature and moisture change in the atmosphere. For example, avoiding placing the product close to a heat sources such as a radiator or oven will go a long way to ensuring the longevity of the product.
  3. Hardwood is very characterful and we cannot offer or guarantee any uniformity, tone or colour throughout the wood. It is the character of timber and not a defect. If you are not prepared to accept the variety of colours and grains found in wood, you should consider buying a different product.

WARRANTY

• Urban Decors offers a standard limited warranty on merchandise to be free from manufacturing defects for a period of one year from the date of purchase.
• This warranty does NOT apply to normal wear and tear, damage from mishandling, abuse, exposure due to climatic conditions, or acts of God.
• This warranty does NOT apply to any components or products sold by a third party.
• This warranty specifically excludes any product that is used in an external environment, or any application other that what its intended for.
• This warranty does not cover defects caused by installation that varies from the manufacturer's recommended instructions if such variance is necessitated by Customer's site conditions Further, any modification to products by anyone other than Urban Decors or an authorized agent will void this warranty.
• All claims under this limited warranty must be made in writing to us within twenty-four (24) hours of discovery. The remedy provided under this limited warranty is limited to repair or replacement of the non-conforming part or parts of defective materials, which decision is vested in our sole discretion. Further, Customer shall allow Urban Decors the first opportunity to repair the alleged defective issue. Failure to give us the first opportunity shall void this limited warranty.
• Limited Warranties for Custom Products. Unless a different written warranty is otherwise provided to Customer, all custom made Products to Customer's specifications are provided on an “as-is” basis with no warranty of any kind.
• Limited Warranties for Services. All Services will be provided in a professional and workmanlike manner.
• THIS LIMITED WARRANTY IS THE ONLY WARRANTY BY CONTRACTOR TO CUSTOMER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED.

INSTALLATION

• It is of the utmost importance that all Urban Decors products be installed properly.
• As a courtesy we supply a set of fixing, screws and anchors for brackets and systems. These screws and wall anchors are designed to be used in wood and brick walls. We understand out systems may be used on a variety of materials; drywall aluminum and steel stud or lath and plaster. To properly secure a system onto these or other types of surfaces, appropriate fixings must be independently obtained. Assess your own wall construction and source the appropriate screw type.
• For questions regarding securing products to a particular surface, please consult a professional.
• Urban Decors will not be responsible nor liable under any circumstances for installation or any costs relating to installation, removal, or reinstallation. Urban Decors will only repair or replace any defective or damaged product.

INSTALLATION SERVICES

• Prompt Customer Inspection. Upon completion of the work, Customer agrees to exercise due diligence in inspecting the work for defective workmanship and materials, including but not limited to damaged or missing components. Customer will notify Urban Decors of any defect within forty-eight (48) hours of completion of work and will give Urban Decors the first opportunity to repair the defective work. Failure to notify us of a defect within 48 hours following completion of the work constitutes an acceptance of the work as complete and free from any defects. Further, failure to allow Urban Decors the first opportunity to repair the alleged defective work as contemplated in this Terms & Conditions of Sales shall void all warranties, express and implied hereunder. Customer agrees and recognizes that Customer shall not withhold any payments for alleged defective work. Urban Decors is not responsible for reimbursement for work performed by any other company or individual.

UNFORESEEN CONDITIONS

• a. If conditions and/or circumstances are encountered at the job site which are concealed physical conditions, or unknown physical conditions of an unusual nature which differ materially from that which is visually ascertained, Customer accepts responsibility for such conditions and related circumstances outside the control of Contractor and Customer further agrees to pay for any labor or materials, including repair to damaged equipment of Contractor caused by such conditions and/or circumstances.
• b. Unforeseen Conditions. It is the intent of this provision to make Customer responsible for all (1) unforeseen and concealed conditions, and (2) for that which Contractor cannot control. Accordingly, Customer further agrees to hold Contractor harmless and shall indemnify and defend Contractor and all of its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees, consequential damages, arising out or as a result from the performance of Contractor's work involving, affecting, or relating to such unforeseen or concealed conditions.
• Additional Work: In the event Contractor performs any additional work not related to its original contract, Contractor will provide an additional charge for that work, and Customer agrees to promptly pay Contractor as outlined herein, for the additional work. Further, any changes made after any materials are ordered, is the sole responsibility of the Customer.