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    Terms and Conditions of Sale

     

    Terms and Conditions of Sale

    Juniper House offers a carefully selected range of the finest furniture, lighting, floor coverings textiles, tile, stone, kitchen + bath custom cabinetry any many other products from around the world. Juniper House provides its products and sales-related services subject to the following terms and conditions set forth in these Terms of Sale (“Terms of Sale”). By placing an order with Juniper House ("Juniper House or "JH"), the customer (the “Customer”) agrees to be bound by these Terms of Sale. 

    1.  Orders

    Unless otherwise agreed in writing by Juniper House, these Terms of Sale are and will be the sole terms and conditions that govern any order submitted by the Customer and accepted by Juniper House (the “Order”). No term, provision, or condition stated in an Order, quote, or elsewhere will be binding upon Juniper House if such term, provision, or condition conflicts, is inconsistent with, or is in addition to these Terms of Sale, unless expressly approved in writing by Juniper House. Orders can be placed online, by phone, or email. Juniper House is not required to accept an Order submitted by the Customer and reserves the right to require a minimum order. 

    1.  Order Acknowledgment

    Upon Customer’s submission of an Order, acceptance of a quote, or other request for Juniper House to fulfill an Order, Juniper House will send Customer an order confirmation, or other order acknowledgment (“Order Acknowledgment”), which constitutes Juniper House’s initial acceptance of the Order. 

    1.  Payment
    • Payment Method:
      Juniper House accepts Visa, MasterCard, American Express, Discover, ACH, Wire, Apple Pay, PayPal, and written checks from U.S. Banks.
    • Payment Due Date:
      As a general rule, Orders (including purchase price and delivery, shipping and transportation charges) have to be paid in full when placed if the order is in stock. For Made-to-Order items a 50% deposit and the balance and shipping charges are paid prior to shipping. At Juniper House’s discretion, exceptions may apply to this rule.
    • Cabinetry Payment Terms:

    A 50% deposit is required for custom Cabinetry and Design Services at point of signing Contract; the remaining balance is due at least 2 weeks before anticipated shipment of product from the manufacturer. 100% payment is due for all other products prior to ordering.  Juniper House gladly accepts credit card payments on Cabinetry and Design Services, however, charges a 3% convenience fee for this service. 

    1.  Delivery Address

    It is the Customer’s responsibility to ensure that the delivery address information is correct.

    If a change of Customer’s delivery address is required after Order placement, please contact Juniper House’s Customer Service and Juniper House will use reasonable efforts to direct the delivery to the correct delivery address. Any fees that occur due to such changes of delivery address is the responsibility of the Customer. 

    1.  Manufacturing, Shipping and Delivery
    • Lead Time

    Standard lead time from date of order to delivery to local warehouse is dependent on specific manufacturer and product. Juniper House is not responsible for any delays whether due to manufacture, delivery companies and/or force majeure. Out-of-stock + special orders shall be shipped as soon as practical, subject to the production and delivery schedule of the Manufacturer and Customer’s compliance with the payment terms. 

    • Shipping

    JH is happy to arrange shipping for all orders via one of our pre-qualified carriers. Charges for this service are billed proforma and will appear on the final balance due invoice. Please be advised clients may incur a sale tax liability depending on where the items are to be delivered. 

    Delivery of products is dependent upon the availability of products by manufacturer.

    JH manufacturers ship orders through third-party transport companies and shipments are bound by the policies of said company. JH will communicate an ESTIMATED delivery date as provided by manufacturers. 

    Distributor will use its best judgment as to shipment routing unless client specifically requests a shipment routing prior to ordering product. No rebate shall be issued should a cheaper method be found. 

    Clients may make their own shipping arrangements but need to notify JH of all details within 1 week after date of purchase. All product is shipped via a Bill of Lading (BOL) and FOB from the manufacturer warehouse. 

    • Delivery

    Once an order has shipped, the delivery company contacts clients to schedule a date and window of time for product delivery. Failure to schedule an appointment within 48 hours may result in storage fees and/or return shipment and redelivery costs, for which clients will be responsible (minimum charges are typically $150). 

    All deliveries are curbside ONLY, unless otherwise arranged and paid in full at time of product purchase.  As such, client must be present to receive and move product into business or home, inspect the product (quantity/material) and sign the order. If you require special assistance, please notify the freight company (extra fees may apply for special assistance and are to be paid by the customer). In the unusual event that due to site constraints determined by the freight company, they are unable to deliver to the provided address, merchandise must be either picked up from the nearest suitable delivery place by client or routed to a different address (additional fees will apply and be the responsibility of the client). 

    • Receipt and Inspection of Product

    We cannot suggest more strongly that a professional receiving service/warehouse be used to receive, inspect and consolidate delivery of JH product. Likewise, a professional delivery service with experience handling fine furnishings should be used for in-home installations.

    JH product will not be released unless it is signed for as being in new and unmarred condition. If any product is damaged during transit or is refused upon delivery for any other reason, your JH representative must be notified within 48 hours.

    In the event that a crated item cannot be uncrated and inspected at the time of delivery, the receiver should make a note on the receiving document/BOL. However, a thorough inspection must occur within 48 hours of delivery and all freight claims filed within 72 hours. Juniper House will not accept returns without prior written authorization 

    • Product Quality and Damage in Transit

    When the freight carrier takes possession of the product, ownership transfers to the customer as per ICC Regulations. As owner, full responsibility for damage occurring in transit is the owners and all claims for such damage must be made within 48 hours of receipt. Failure to make a claim within the 48-hour period constitutes acceptance of the product and waives all future claims for any such defect, shortages or errors.

    All product is thoroughly inspected by the manufacturer prior to being released to ensure that it is in new and unmarred condition.

    Likewise, the product must also be inspected by the freight carrier at the point of origin prior to taking procession of said product. Any and all damage must be noted at that time on the BOL. If any damage is reported, JH reserves the right to refuse release of the product. A signed BOL verifies that the carrier has accepted responsibility for the product in the stated condition and affirms that they will deliver the product in the same condition in which it was received.

    Customer is responsible to inspect all cartons upon delivery for any signs of exterior visible damage. If the order has any external visible, please note damage on the delivery receipt, take photographs and contact both the transport company and our office within 48 hours. The original packaging of the products must be retained or if not possible, photos of the packaging must be provided. 

    Customer and/or their designated representative is responsible to unpack and inspect all product for any direct damage or defect. Photographs clearly depicting the product defect/damage must be submitted with a written claim to JH within 48 hours of receipt of the order for consideration. 

    1.  Risk of Loss

    Risk of loss or damage to items shall pass to the Customer upon their delivery of the product to the delivery address listed on Juniper House’s invoice. 

    1.  Manufacturer’s Warranty

    With regard to manufacturing defects on furniture, the Customer’s sole and exclusive rights and remedies are the respective manufacturer’s warranty. Depending on the manufacturer, i.e. the brand, the warranty period for furniture varies from 1 to 5 years from the date of delivery. Neither the manufacturer or Juniper House make any additional warranties, express or implied, regarding the products.

    Juniper House does agree, however, to assign to the Customer any assignable warranties we may receive from any manufacturer. Juniper House will assist you and use reasonable efforts to expedite manufacturing-related claims in accord with the manufacturer’s warranty. Please contact our Customer Service within 48 hours of discovery.  

    1.  Product Color and Material Representations

    Juniper House attempts to describe its products as accurately as possible. However, Juniper House cannot guarantee that product representations appearing on the Website are completely accurate. Colors and textures, as they appear on Customer’s screen, may vary slightly from the actual materials.

    • Product Variation

    All material finishes, whether natural or manufactured, involve an allowable margin of variance. Customers acknowledge that finish variances are inherent to all products and that received product may vary from Showroom samples and orders due to independent dye lot and production runs. Variation may include but not be limited to: color, grain, texture, finish, etc. Determination whether to take any action such as re-order based on perceived variance is at the sole discretion of an authorized Juniper House representative. 

    1.  Pricing and Information Disclaimer

    Juniper House’s goal is to provide accuracy in all prices, delivery rates and other information. All prices online are in U.S. dollars and are subject to any applicable taxes according to state and local laws. Availability, prices and delivery rates are subject to change. There may be errors in the prices, descriptions or images of certain merchandise, and Juniper House reserves the right to restrict Orders of those items and correct any errors, inaccuracies or omissions.

    Quotes are valid for 30 days. Retainer Fees are non-refundable. Prices set forth are predicated upon current foreign exchange rate; therefore, all prices are subject to pro-rate devaluations of rate and increasing manufacturer/shipper costs. Juniper House reserves the right to adjust its prices, and terms and conditions of sale without notice. 

    1.  Taxes & Duties
    • United States Customer
      To the extent that any sales, excise, or other tax, is levied upon the goods that constitute an Order, such amount(s) will be added to the purchase price and will be paid by the Customer. The Customer may provide Juniper House with an exemption certificate or other proper documentation applicable to the relevant taxing or customs authorities, and Juniper House may accept such documentation in lieu of Customer’s payment of tax or duty. The Customer must remit documentation before the Order Acknowledgment is sent by Juniper House. 
    • International (Non United States) Sales
      For the purpose of these Terms & Conditions, Value Added Tax (“VAT”) means an indirect tax levied based on local regulations. 

    Unless expressly stated otherwise, all amounts specified on the Website and purchase agreements, purchase confirmations etc., are exclusive of VAT. 

    To the extent that any VAT is applicable on any sale, transfer, conveyance of goods pursuant to the Customer, Juniper House will charge such VAT to the Customer and the Customer will pay such VAT to Juniper House upon receipt of an invoice including VAT. 

    Juniper House shall consider the availability of any exemptions, low VAT rates, or the 0% VAT rates that may be available for VAT purposes in connection with the supply of goods (Juniper House’s products) to the Customer, provided that the Customer complies with all requirements to allow Juniper House to apply such exemption or low, or 0% VAT rate. 

    In the event the Customer does not provide the required information to apply a VAT exemption, low VAT rate or 0% VAT rate, such as for instance, but not limited to, a valid VAT-identification number and the appropriate transport documentation, Juniper House will apply the VAT rate that Juniper House finds appropriate. 

    In the event the information and/or required documentation provided by the Customer in relation to the supply is incorrect and/or incomplete, or resulting in Juniper House not applying the correct VAT treatment, Juniper House will issue an additional invoice for the correct VAT amount which VAT amount shall be remitted to Juniper House within 5 working days.

    The Customer will be liable for any VAT assessment, penalties and interest incurred by Juniper House due to the provision of invalid, incorrect or incomplete information and/ or documentation. Any such damages shall be invoiced to the Customer and shall be remitted to us within 5 working days. 

    1.   Limitation of Liability

    To the maximum extent permitted by applicable law and except as set forth in the above-mentioned limited warranty, in no event will Juniper House, its affiliates, owners, directors and employees under any circumstances be liable for special, incidental, consequential, direct or indirect damage of any kind arising out of or related to Juniper House’s product, from delays, from failure to give notice of delay, or otherwise, even if Juniper House has been advised of the possibility of such damages. Juniper House’s total liability relating to any purchases governed by these Terms of Sale will not exceed the purchase price paid for the product giving rise to such claim, regardless of the legal theory asserted for such liability, whether in contract, tort, warranty or otherwise.

    Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to certain Customers.

    1.   Returns

    Most of Juniper House products are customized, and therefore the options for returns are limited. Exceptions will be considered on an individual basis as determined by an authorized Juniper House representative. Please note orders not picked up within 30 days of notification will be forfeited; no fees will be refunded. 

    • Custom Furniture
      For custom furniture, no return or refund is possible. The Customer’s sole remedy for any defect or complaint relating to any product provided by Juniper House are the ones for “Shipping damage” (Paragraph 5.vii) and “Manufacturer’s warranty” (Paragraph 7). 
    • Ready-made Furniture
      Ready-made furniture may be returned, but the Customer must notify our Customer Service within 14 days of delivery. Merchandise must be returned in "as-new" condition and prepaid (meaning, you will be responsible for the return freight and insurance). You may use the shipping carrier that is most convenient for you. 

    Upholstered furniture purchased in a fabric other than that shown on the item on the Website qualify as custom furniture and may not be returned. Please contact Juniper House’s Customer Service in writing (e.g. via email) for an approved return authorization (RA) in preparation for the return of ready-made furniture. 

    • Refund
      For returnable items, the Customer may use the shipping carrier most convenient. Any shipping fees or shipping damage that occurs due to the return are the responsibility of the Customer. A refund will be issued to the Customer, once the returned items have arrived in “as new” condition in Juniper House’s fulfillment center. The refund will include the purchase price including taxes. Shipping and handling charges are non-refundable. In addition, a restocking fee may be charged. 
    • Interior|Exterior Decorating Fees and Services

    Furniture and merchandise selection and layout services are available at a rate of $xx.xx/sq.ft (minimum 1000 sq ft). Fees are due prior to initial Design Consultation and xx hours of support with furniture + merchandise layout, selection and specifications. Shipping and freight to be billed separately. 

    • Interior Architectural Design Services and Fees

    JUNIPER HOUSE provides custom interior architectural design services for custom kitchen and bath designs. An Interior Design Retainer Fee is collected prior to any Client Design Consultation. Fees are $100.00 /per hour and are non-refundable and are to offset the time spent at Consultation. Please note that when cabinetry is purchased through JUNIPER HOUSE, Retainer Fees will be applied to the final Cabinet Design Invoice at completion of Project. Custom cabinetry layout plans are provided for use with installation and client construction purposes. 

    • Interior Architectural Design Services

    Any Design Concepts and/or Drawings created by JUNIPER HOUSE remain the intellectual property of Juniper House. Any design created by Juniper House may be used by the client once a Design Fee has been paid and if all cabinetry for the project is purchased through Juniper House. If cabinetry is not purchased, clients may purchase the design concept at a cost determined by an authorized JUNIPER HOUSE representative. Any other use of JUNIPER HOUSE Design Concepts is in violation of intellectual copyright law and actionable. 

    • Custom Cabinetry Installation

    It is the responsibility of the client to have any JUNIPER HOUSE Design Concept reviewed by their independent contractor, engineer, architect and/or building inspector, as applicable. Cabinetry installation will be quoted and provided by certified Juniper House installation sub-contractors to guarantee product warranty. 

    • Architectural Project Construction

    Juniper House is a retail showroom and custom cabinetry design firm within such business. JUNIPER HOUSE is not an Architect, Engineer or General Contractor. All construction and other installation services (other than cabinetry) are the sole responsibility and discretion of the client and their selected and contracted Contractor(s). Client is responsible for verifying and confirming adherence to all building codes and/or regulations pertaining to any project installation. 

    1.  Cancellation

    In cases where manufacturing or/and shipping process, as described in section 5 above, has started, cancellation may be possible, but a potential refund will be at Juniper House’s sole discretion. If the Customer wishes to cancel the Order, please contact Juniper House’s Customer Service. 

    1.  Miscellaneous
    •  General
      Terms and conditions from Customers that deviate from these Terms of Sale shall apply only if Juniper House explicitly agrees in writing to them. 
    • Notification
      If these Terms of Sale require a notification to be in writing, then this requirement is also met by electronic means of correspondence, such as email. 
    • Change of the Terms of Sale
      Juniper House reserves the right to update or modify these Terms of Sale at any time without prior notice to the Customer. Such revisions and additions shall be deemed effective immediately upon communication, including, without limitation, by posting the revised Terms of Sale on the Website. Placing an Order following the date of such change constitutes the Customer’s agreement to be bound by the Terms of Sale as revised. 
    • Set-Off
      The Customer will not be entitled to set-off any amounts due to the Customer against any amount due to Juniper House in connection with an Order. 
    • Choice of Law and Forum
      This Agreement is governed by and will be governed by the laws of the State of California, without giving effect to the California principles of conflicts of laws. Any claim or dispute between the Customer and Juniper House that arises in whole or in part from these Terms of Sale, including the determination of the scope or applicability of this Agreement to arbitrate will be determined by arbitration in Riverside, California. The arbitration will be administered by JAMS pursuant to JAMS’s Streamlined Arbitration Rules and Procedures. The dispute will be heard by one arbitrator.

    This clause will not preclude the Customer nor Juniper House from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

    The Customer and Juniper House will maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator will reach his or her decision within three days from the conclusion of the hearing, and the arbitrator’s decision will be final, binding and non-appealable. 

    • Limitation of Actions
      The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. 
    • Headings
      The section titles in these Terms of Sale are for convenience only and have no legal or contractual effect. 
    • Waiver and Severability
      If any part of these Terms of Sale is determined to be invalid or unenforceable, it shall not impact any other provision of these Terms of Sale, all of which shall remain in full force and effect. The failure of Juniper House to partially or fully exercise any rights under these Terms of Sale or the waiver of any of the terms of these Terms of Sale by Juniper House shall not prevent a subsequent exercise of such right by Juniper House or be deemed a further or continuing waiver by Juniper House of that or any other term. The rights and remedies of Juniper House under these Terms of Sale and any other applicable agreement between the Customer and Juniper House shall be cumulative, and the exercise of any such right or remedy shall not limit Juniper House's right to exercise any other right or remedy.