Sara Hayat Design LLC (the “Company”)
This Sales Agreement sets forth the terms and conditions of sale between Sara Hayat Design LLC, and you, the “Customer.” By engaging with our site and placing orders the Customer agrees to the following;
- Goods Purchased. Sara Hayat Design LLC agrees to sell, and Customer agrees to buy, the following products (the "Goods") in accordance with the terms and conditions of this Agreement:
- Quotations and Acceptance. A quotation by the Company does not amount to an offer and the Company reserves the right to withdraw or revise a quotation at any time prior to the Company’s acceptance of the order.
- Payment. If the purchased item(s) is in stock and not a special order, immediate payment shall be due to the Company in the amount set in the Invoice and upon executing this Sales Agreement.
If the purchased item(s) are a special order or custom design, half of the purchase price shall be due at the time of placing the order and execution of this Sales Agreement. The balance of the purchase price shall be due to Sara Hayat Design LLC before the item is to be shipped to Customer.
In addition to any other right or remedy provided by law, if Customer fails to pay for the custom goods when due, Sara Hayat Design has the option to treat such failure to pay as a material breach of this Agreement and may cancel this Agreement and/or seek legal remedies as described herein.
- Delivery. While all reasonable efforts will be made to adhere to delivery dates quoted at the time of an order being placed and the Order Confirmation and Invoice being provided, such dates must be viewed as approximate estimates only, given in good faith and based upon information available to the Company at that time. The Customer acknowledges that the delivery date is an estimate and is not a binding commitment. The Company will not accept any liability for any loss or inconvenience suffered by delivery delay.
- Cost and Place of Delivery. Goods will be delivered by the Company at a pre-assigned delivery charge to the delivery address stated in this Order Confirmation. Any subsequent change of address may incur an additional delivery charge. Goods will be assembled upon delivery if requested in advance for which an additional charge may be payable. Customer is responsible for the delivery of the goods and must ensure that the goods will fit through relevant doors and passageways at the delivery address. For goods not accepted on the delivery date, you may be charged storage fees. Upon delivery, Customer must ensure that all obstructions are removed, and that its valuables are safeguarded against accidental damage during delivery. Company shall not be held responsible for any damage resulting from the removal of any existing furniture or other items from any room into which the goods are delivered.
- Force Majeure. In case of a force majeure (being circumstances outside of the Company’s control) the Company may, at its absolute discretion, terminate any contract for the supply of goods pursuant to the Order Confirmation; Invoice (as applicable), or cancel the manufacture and/or delivery of the goods. In such circumstances, the Company will consult with the Customer to try to find suitable alternatives that may be possible, unless the Customer wishes to terminate the Contract. Subject to local laws, all monies paid pursuant to the terminated Contract shall be returned to the Customer within 60 days of notice of termination.
- Cancellation. Orders for Production and In Stock Order Cancellations cannot be accepted after 48 hours from the date of this document and will result in forfeiture of all funds paid. Due to exceptional circumstances the Company reserves the right to allow cancellation subject to a 20% restocking fee.
- Natural Materials. The Goods that contain natural leather hides are subject to dye, grain and shade variations and natural markings (including open scars, healed scars from vegetation, insect bites, neck stripes and dung marks) such variation and markings are not classified as defects. Those goods which contain driftwood, salvaged wood or reclaimed wood contain natural and/or reprocessed wood and are therefore subject to grain and shade variations and natural markings (including knots and scars) such variation and markings are not classified as defects. Those goods which contain natural rock crystal, marble and acrylic are subject to chips and mark and color variations. Those goods which contain iron are subject to marks, color variations and rust. Those goods which contain hand-blown glass are subject to color variation and bubbles. Rugs, hand-woven fabrics and naturally dyed fabrics are subject to color variations. Those goods which are vintage and identified as such are sold ‘as is’, the Customer should inspect the items and satisfy themselves as to the condition prior to sale as these are original and individual items and will have grain or shade variations, natural markings that are not classified as defects. Any representation or statement by the Company as to age, origin, date, materials or conditions of the items is a statement of opinion based on the knowledge of a reasonably informed person at or around the time of the sale. By entering into the Sales Agreement, you acknowledge that the goods may have any of these markings and the existence of such markings shall not constitute a breach of the Contract.
- Inspection, Returns and Refund Policy. Inspection. Upon receiving possession of the Goods, Customer shall have a reasonable opportunity to inspect the Goods to determine if the Goods conform to the requirements of this Agreement. Minor issues such as minor dents scratches are to be expected from the shipping process and are not grounds to reject the goods. If Customer, in good faith, determines that all or a portion of the Goods are non-conforming, Customer shall first contact Sara Hayat Design and seek resolution of the issues. If it’s regarding damaged items, the Company reserves the right to send someone out to fix or repair to bring the Goods into conformity. Sara Hayat Design is committed to finding good faith solutions to any concern over the quality of the Goods provided. If, after attempting resolution, Customer believes the Goods are nonconforming, Customer and Seller shall seek resolution per paragraph 14 below. Customer must provide written notice to Sara Hayat Design of valid grounds for rejecting the Goods.
Returns/Refunds. Please note proof of purchase is required for all refunds and all returns must be in the original packaging and with the labels attached. Upon return, your product will be inspected, and exchanges, credits and refunds shall not include taxes charged. The Company reserves the right to reject goods that have been damaged or altered in any way. If original payment was made in cash, a check will be issued within 30 days from the return. Shipping charges are non-refundable. All special orders are final and not refundable.
- Risk of Loss - Title. Company shall be responsible for safe delivery and risk of loss or damage and title to the goods shall pass to the Customer upon delivery.
- Claims and Liability. The Company can only be held responsible for reasonable and foreseeable losses resulting from a breach of contract. In as far as allowed by law, the aggregate liability of the Company (whether in contract or for negligence or breach of statutory duty or otherwise whatsoever) to the Customer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the invoiced value of the goods. Sara Hayat Design shall in no event be liable for any incidental, special, or consequential damage of any nature, even if advised of the possibility of such losses or damages.
Any error in quantity or any shortage or defects must be reported to the Company and noted on the carrier’s bill of lading or delivery confirmation (as applicable) paperwork within 7 days of delivery.
Any damage to Customer’s property caused by Company carrier’s negligence must be noted on the carrier’s bill of lading (as applicable) or delivery confirmation paperwork within 24 hours.
Unauthorized repairs will release the Company from all liability.
Dimensions and specifications of the goods may vary slightly within normal acceptable commercial tolerances. If exact sizes are required, details must be expressly entered in writing on the Order Confirmation or Invoice (as applicable).
The Company cannot guarantee precise matching of graining or shading between different items within its product ranges because of variations between batches and production.
The Company reserves the right to alter specifications without notice from time to time, and reserves the right to discontinue any products or ranges without notice.
The Company accepts no responsibility for any loss or damage whatsoever arising directly or indirectly from misuse or faulty fitting of the goods not fitted by the Company, or damage to the Customer’s property arising out of the delivery of the goods not delivered by the Company or its agents or registered representatives.
All Products sold in accordance with these Conditions are sold for residential use only unless it is specifically noted on the invoice, and where certain testing requirements are made known to the sales manager. The Company accepts no responsibility for any loss or damage whatsoever arising directly or indirectly from the use of any Goods within a commercial property or for non-residential purposes. Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's gross negligence or fraudulent misrepresentation.
Data Confidentiality. The Company will retain Customer’s information such as name, address, phone and email for sending information on the purchase, discounts, and newsletters. The Company will not sell Customer’s data.
- Guarantee. While accepting that the Customer may, under certain circumstances be entitled to a refund of monies paid, the Company reserves the right to repair or replace goods sold (other than clearance or ex-display goods where faults have been clearly identified or the goods have been sold “as is”) which prove within a reasonable period of time to be defective because of bad materials or workmanship in manufacture. Other than as stated above, all furniture is guaranteed for a period of one (1) year from date of purchase against manufacture defects only. The Company cannot guarantee furnishing fabrics and linens other than for reasonable wear and tear particularly against shade variations of items purchased at different times. The Company does not give any warranty that the goods are fit for any particular purpose for which the goods are being bought by the Customer (unless the Company has agreed otherwise in writing).
- Intellectual Property. Customer shall not use, copy, profit from, or infringe upon the intellectual property of Sara Hayat Design LLC or its affiliates, including, but not limited to, any trade names, trademarks, trade dress, designs, patents, copyrighted works (including photographs from website), or any other intellectual property rights (collectively, "IP"), for any profit or business venture, including use in Customer’s website or catalog, social media site, advertising, marketing or promotional materials, or any other materials publicly accessible to others unless Company provides prior written permission. The Customer’s unauthorized use of IP shall constitute a material breach of this Sales Agreement and constitute infringement upon the IP rights of Sara Hayat Design and its affiliates. Any promotion or sale of counterfeit or knockoffs of any Goods that infringe on IP shall constitute a material breach of this Sales Agreement. In the event Customer uses any IP in violation of this provision, Customer shall immediately comply with any Company or its affiliates' request to cease use of the IP (termed the "Infringement Notice"). If Customer does not cure such breach within three (3) business days of receipt of an Infringement Notice or if Customer breaches this provision more than one (1) time (deemed continued infringement), Company may terminate Customer's account immediately upon written notice to Customer. Company expressly reserves its right to recover appropriate damages for each breach of this provision and each unauthorized use of IP by Customer, including, but not limited to, a minimum payment of $5,000.00 to Sara Hayat Design LLC for each unauthorized use of IP, in addition to any rights and remedies available under applicable law or in equity.
- Dispute Resolution. The Company will try to resolve any dispute or query quickly and effectively. In the first instance, the Customer is requested to contact the Company. If no satisfactory solution is reached, then any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance under the rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. The arbitrator(s) shall not have the authority to modify any provisions of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
- Notice. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to such address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.
- Entire Agreement. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. This Agreement may only be modified or amended if made in writing and signed by both parties.
- Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
- Applicable Law. This Agreement shall be governed by and construed according to the laws of the State of Colorado without reference to its conflicts of law principles.
The foregoing terms and conditions have been read and agreed to by the Customer.