Article 1 - Online Sales
1 (Addendum to 2.3) Returns: (FOR ONLINE PURCHASES ONLY ) If for any reason you are not happy with your purchase, you may return the items postmarked within 5(Five) calendar days of receipt for online credit or refund less the shipping charges. Please return items in original condition. Please allow 2 weeks from the time you mail your order for your return or exchange to be processed. We will notify you via email once your return has been processed. Exchanges If you would like to exchange an item, we suggest that you place a new order for the item you want before returning your original purchase. This will ensure that your exchange item is in stock. Once we receive your return, we will process a refund for the cost of the returned item and send you an email.
Article 2 - SALES AND SECURITY AGREEMENT
1. This contract is a Sales and Security Agreement covering the property(s) described on the reverse side of this document (hereafter the “Property”) and title to each item of said Property shall not pass to Purchaser until all payments set forth hereunder, including but not limited to all costs, fees, collection charges, and attorney’s fees, if any, are fully paid. The Purchaser signing on the reverse side hereof agrees to pay the TOTAL of payments designated herein at the office of the Seller or Seller’s assignee. ALL SALES ARE DUE NET FIFTEEN (15) DAYS FOLLOWING DATE OF INVOICE, FINANCE CHARGE OF ONE AND ONE HALF PERCENT (1.5%) PER MONTH WHICH IS AN ANNUAL PERCENTAGE RATE OF EIGHTEEN PERCENT (18%) IS CHARGED ON ALL PAST DUE ACCOUNTS.
2. Purchaser agrees that no representation, warranty or guaranty (express or implied, including, without limitation, any warranty of merchantability or as to fitness for a particular purpose) has been made to him which is not expressly set forth herein, and there are no warranties which extend beyond the description on the reverse face hereon. EACH ITEM OF THE PROPERTY IS SOLD “AS IS”.
3. All Sales Are Final (Addendum Unless paid through our portal on the website). The foregoing notwithstanding Seller, at Seller’s sole discretion, may, but is not obligated to, accept return of any or all of the Property subject to a minimum fifteen percent (15%) restocking charge based on the Property’s list price(s).
4. Purchaser hereby grants Seller a security interest in the Property to secure the payment of any sums for which Purchaser may become obligated under this Agreement. Seller shall have all the rights of a secured party under law and may take such actions as it deems advisable to perfect its security interests.
5. Packing, transport, insurance and installation are at Purchaser’s sole expense and sole risk. Seller reserves the right to accept storage, at Purchaser’s expense, for any item of the Property sent to or left with Seller.
6. No transfer, renewal, extension or assignment of this Agreement, nor any loss or destruction of or injury to said Property shall release Purchaser from his obligation hereunder. Purchaser shall keep the Property free from all liens, taxes and encumbrances.
7. If Purchaser is acting as an agent for someone who is not signing this Agreement, indicate “AGENT” which will constitute Purchaser’s agreement that Purchaser and its principal jointly and severely assume the obligations and liabilities hereunder. If Purchaser is a corporation or other entity, indicate “Corporation or other entity” and the signor’s capacity at such entity, which will constitute your agreement to furnish to us any additional documents we may require and your personal guaranty of said corporation’s obligations and liabilities hereunder.
8. If Purchaser defaults in the performance of his obligation hereunder, including the making of any payment provided for herein when due and payable, the Seller, at its option and without notice to Purchaser may (a) declare the whole amount unpaid hereunder immediately due payable; (b) sue and obtain judgment against Purchaser for the balance remaining unpaid hereunder, but such suit and/or judgment shall not constitute an election, waiver or estoppel by or against Seller, and title and right of possession shall nevertheless remain in Seller until this Agreement or such payment is paid in full; or (c) without prior demand, and with or without legal process, Seller may lawfully take immediate possession of said Property. Within ten days of taking such possession, Seller shall give written notice to purchase (i) of its intention to retain the Property in satisfaction of the balance due, or (ii) that said Property will be sold at public or private sale. (Such notice may be given by delivering the same personally or by depositing it in the United States mail addressed to the Purchaser at his last known Address). Seller may purchase said Property at any such sale. In the event that the Seller (or its assignee) prevails in any action to enforce the terms or provisions hereof, Purchaser agrees to pay reasonable attorney fees and actual court costs.
9. Purchaser will defend, indemnify, and hold Seller harmless from all costs (including attorney’s fees) claims, actions, injuries, liabilities and judgements which Seller may incur related directly or indirectly to the purchase and/or installation of the Property by Purchaser or Seller.
10. In the event of any litigation, the prevailing party shall be entitled to an award of all actual attorneys’ fees and costs incurred, whether or not the proceeding or action proceeds to judgment. The attorney's fee award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorney's fees actually incurred in good faith.
11. This agreement shall be deemed to have been executed and delivered within Los Angeles, California, and the rights and obligations of the parties hereto shall be construed and enforced in accordance with and governed by the laws of the State of California. All actions or proceedings concerning this agreement shall be brought only within the County of Los Angeles, State of California, and each of the parties hereto, specifically consents to such exclusive venue, and waives any legal and equitable rights to challenge or transfer such venue.
12. This agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements, understandings, discussions, commitments or practices between them, including, without limitation, all prior agreements, whether or not fully performed before the date of this agreement, or otherwise. No amendments to this agreement may be made except in a writing signed by both parties.
Article 3 - RENTAL TERMS AND CONDITIONS
1. Title to each and all Items referenced on this Rental Invoice (hereafter the “Merchandise”) remains with Lessor.
2. A service charge of one and one-half percent per month shall be charged on all rental payments not timely paid.
3. Lessee is responsible and fully liable for the condition and safety of the Merchandise and should insure the Merchandise against fire, theft and/or other damage.
4. The Merchandise is rented “as-is” and no representation, warranty (express or implied, including, without limitation, any warranty of merchantability or as to fitness for a particular purpose) or guaranty has been made to Lessee which extends beyond the description of the face hereof.
5. All Merchandise not returned in a timely manner (i.e., at the end of the rental term) shall be subject to a minimum fifteen percent (15%) restocking charge based on the retail price of each item of the Merchandise.
6. If Lessee does not pick up all of the Merchandise directly from Lessor, Lessee shall furnish Lessor with written shipping instructions. Additionally, Lessee shall be solely responsible for all packing, shipping and full insurance costs to and from Lessor’s warehouse.
7. In the event Lessee fails to pick any or all of the Merchandise on or before the date set forth on the reverse side of this Invoice, Lessee shall pay Lessor a sum equal to 10% of the Retail Value of each item of the Merchandise not so timely picked up in order to compensate Lessor for Lessor’s inability to rent such items to third persons during this time period.
8. Lessee shall provide Lessor a security deposit in a sum equal to the total retail price of the Merchandise.
9. In the event of any litigation, the prevailing party shall be entitled to an award of all actual attorneys’ fees and costs incurred, whether or not the proceeding or action proceeds to judgment. The attorney's fee award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorney's fees actually incurred in good faith.
10. This agreement shall be deemed to have been executed and delivered within Los Angeles, California, and the rights and obligations of the parties hereto shall be construed and enforced in accordance with and governed by the laws of the State of California. All actions or proceedings concerning this agreement shall be brought only within the County of Los Angeles, State of California, and each of the parties hereto, specifically consents to such exclusive venue, and waives any legal and equitable rights to challenge or transfer such venue.
11. This agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements, understandings, discussions, commitments or practices between them, including, without limitation, all prior agreements, whether or not fully performed before the date of this agreement, or otherwise. No amendments to this agreement may be made except in a writing signed by both parties.
Article 4 - Clean and Repair Terms and Conditions
1. NO PROMISE AGAINST GLUED SEAMS MEANS: that if waterproof cement has been used to secure seams: then seams will not separate when shampooed. Service charge necessary to repair if seams come loose. Upholstery terms, double welts, or similar may come loose in cleaning. NO GUARANTEE.
2. NO PROMISE TO REMOVE STAINS: that to remove stains may cause damage to the fibers, that some stains show after cleaning which did not show before cleaning because of chemical reaction: no promise of untwisting of fiber tops.
3. NO PROMISE AGAINST CLAY-BACKS, LATEX DISSOLVING MEANS; that the backing of some textiles are of such poor quality that the most careful methods of washing will remove such backing; the same applies to some glued seams. (NO MANUFACTURER’S LABEL. NO GUARANTEE)
4. NO PROMISE AGAINST COLOR BLEEDING MEANS: that when quality dyes are properly set by the manufacturer of textile products, then bleeding of colors when washed will not occur. Any guarantee against color bleeding must come from the manufacturer of the material, some oriental rugs bleed.
5. NO PROMISE AGAINST SHRINKAGE OR GROWING (EXPANSION) MEANS: that shrinkage and stretching is beyond our control. Properly constructed textiles “PRE-SHRUNK” will not shrink over 1% when washed. Orientals are not a true size. (NO LABELS, NO GUARANTEE)
6. NO PROMISE AGAINST DISCOLORATION: that the common practice today of blending fiber content plus the absolute absence of any manufacturers instructions on most rugs and upholstery fabrics renders the cleaner HELPLESS to control discoloring completely.
7. We disclaim all responsibility for goods left over 30 days unless storage arrangement is made in advance.
8. NO PROMISE OR GUARANTEE OF ANY KIND MEANS: that you depend on our reputation as a dependable dealer with the absolute absence of guarantees. The mention of problems both printed and hand written are beyond our control, that no promise or guarantee on our part is a direct result of constant lack of instructions and/or no labels of any kind which reveal the MIXTURES AND SUBSTITUTES both good and bad blended into the fiber and/or dye content of most rugs, carpets, drapery and upholstery textiles. IMPORTANT - We assume no responsibility for breakage or damage caused by our employees when asked to handle your personal property.
9. Due to the tremendous increase in the value of all types of Oriental rugs in the past few years, we have to limit our responsibility for loss of any ORIENTAL rug for any reason; including without limitation, misdelivery, theft or destruction, is limited to the maximum of twenty Dollars ($20.00) per square foot for all Oriental rugs