Domaci Design Trade Program Terms & Conditions
These Domaci Design Trade Program Terms and Conditions (these “Terms”) constitute the terms and conditions that apply to products and services sold by Domaci LLC d/b/a/ Domaci, Domaci Design Studio, Domaci Market, Domaci Flea, Watson Loft, Christmas City Shoppe and Plants Plus Vintage (the “Company”) to you as part of the Domaci Design Trade Program (the “Trade Program”). The Trade Program and the Terms and Conditions are subject to change from time to time at the Company’s sole discretion.
ANY SALE OF PRODUCTS AND ANY DOMACI DESIGN TRADE PROGRAM OFFER OR ACCEPTANCE ARE EXPRESSLY CONDITIONED ON ASSENT TO AND ARE LIMITED TO THESE TERMS. YOUR SIGNATURE ON A DOMACI TRADE QUOTATION OR YOUR SUBMISSION OF ANY EMAIL OR OTHER WRITTEN DOCUMENT ACCEPTING OR REFERENCING THE QUOTATION SHALL CONSTITUTE YOUR ACCEPTANCE OF THE DOMACI QUOTATION AND THESE TERMS. ALL TERMS OR CONDITIONS THAT ARE IN ANY WAY INCONSISTENT WITH OR ARE IN ADDITION TO OR DIFFERENT FROM THESE TERMS ARE HEREBY EXPRESSLY REJECTED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NOTHING CONTAINED IN ANY PURCHASE ORDER OR SIMILAR DOCUMENT WILL IN ANY WAY MODIFY OR ADD TO THESE TERMS.
An applicant who meets the criteria will be eligible for participation in the Domaci Design Trade Program (and referenced herein as a “Member”) upon approval by the Company after presentation of the following:
- A Business Card indicating the applicant’s business or Company Website or Social Media Page.
- A completed and signed Application; and
- a copy of the applicant’s Business License; or
- a business tax identification number
- Member’s name and business address must be provided on the application.
- The eligible Member must be an individual and not a business or entity; multiple individuals employed by a single business or entity may apply individually by submitting individual application material and gaining approval, but the business or entity itself may not become a Domaci Design Trade Member
- It is the responsibility of the Member to notify the Company of any changes in his/her contact information. Members can update their information by contacting a Home Furnishings Specialist at 484-212-5610 or email@example.com.
- A Member is the only person authorized to make purchases using his/her Member Account.
- The Company reserves the right to make all membership determinations at our sole discretion.
- Incomplete applications will not be accepted.
- Employees of the Company are not eligible for membership.
- The Company reserves the right to review, suspend or terminate a Member’s eligibility if the Company believes, in its sole discretion, that Member has violated the Terms and Conditions. Company will notify the Member that he/she is no longer eligible to participate in the program.
- Members may cancel their membership at any time by contacting a Home Furnishings Specialist at 484-212-5610 or firstname.lastname@example.org.
- Company may discontinue program at any time and at Company’s sole discretion.
We recognize that there are often several decision-making steps to approve a large Trade order. All our Trade pricing is consequently guaranteed for 30 days from the date of the quotation.
- Eligible Members will receive a tiered discount on full-price merchandise in the Company’s US stores, catalogs or websites at the then-published retail price.
Trade Discount Tiers (per order)
- Spend $100+, Receive 15% Discount
- Spend $5,000+, Receive 20% Discount
- Spend $10,000+, Receive 25% Discount
- Discount is non-negotiable.
- Purchases made by any other person are not eligible for the discount.
- Discount is to be used for business purposes only. Using the discount for personal purchases is a violation of the Terms and Conditions.
- Discount is not applicable to purchases of Gift Cards, eGift Cards, services, shipping and handling, taxes or other fees, and non-merchandise charges.
- Discount does not apply to any purchases made prior to enrollment in the Domaci Design Trade Program.
- Discount may not be combined with any other offers, coupons or promotions, and cannot be applied to reduced price, sale, closeout or clearance merchandise.
- Prices for merchandise eligible for discount are set for each item and are non-negotiable.
ORDERING AND PAYMENT
All orders for products submitted by you in response to a quotation from the Company shall be initiated by your signature and return of the quotation within 30 days from the date of the quotation. If no such quotation has been provided by the Company or if the quotation is more than 30 days old, your order shall not be binding upon the Company until accepted by the Company in writing, and partial shipment of an order shall not constitute acceptance of the entire order. All orders shall specify the requested schedule and delivery destination.
- The Company will charge a 20% cancellation fee for order of stocked product, if the order is cancelled more than 48 hours after acceptance.
- The Company will charge a 50% cancellation fee (i.e., the amount of the required deposit) for Trade special orders, if the order is cancelled more than 48 hours after acceptance.
- Any other changes or rescheduling to an accepted order must be mutually agreed upon by the parties in writing, and may require additional fees.
Unless satisfactory credit terms are established by you in advance, payment of product, stocked or special orders, is required prior to product shipment and can be made via check, credit card (American Express, Mastercard, Visa and Discover) or by wire transfer.
Order must be initiated and paid by the Member and not the Member’s Client. The Member assumes all risk.
All prices payable for products are exclusive of all taxes. You will pay all applicable sales and use taxes, value added taxes, goods and services taxes, and other taxes (except for taxes based on the Company’s net income), except to the extent you provide the Company with a valid resale or sales tax exemption certificate or other evidence of such exemption in a form acceptable to the Company.
- A reseller license must be verified and approved to make a Trade Program purchase.
- Most states also require a resale certificate to be filled out and submitted with every tax-exempt sale.
- The Member will be required to use his/her own credit card or other legal tender for any tax-exempt Trade Program purchases.
- Taxes will be refunded on eligible orders once the bill of lading is provided.
DELIVERY AND HANDLING
Delivery and handling charges are based on what the Company is charged or quoted by its third party carriers, delivery and storage teams. A delivery and handling quote will be required for each quote.
- The Company will use commercially reasonable efforts to communicate the most current and accurate product delivery and inventory information, but there is no guarantee items will be available when payment is received.
- The Company will use commercially reasonable efforts to ship back ordered items on the date set forth in the quotation. In the event that an available date changes, you will be notified promptly. Delivery dates are estimates only, and the Company will not be liable for any damage, loss or expense incurred by you if the Company fails to meet the specified delivery dates.
- You agree that the Company may make partial shipments of Products, and each Product shipment will constitute a separate and independent transaction.
- All goods will be packaged in the manner determined by the Company, unless otherwise requested by you and agreed to in writing by the Company.
- Our shipping and handling charges include any surcharges for oversized items.
- The Company shall deliver products purchased hereunder F.O.B. the designated shipping address in the order. Notwithstanding the foregoing, you shall reimburse the Company for all related shipping, handling and insurance costs and expenses.
- Title and risk of loss to the products will pass to you on delivery to the shipping address on record.
White Glove Delivery
The Company will provide “white glove delivery service” only if expressly stated in the order. White glove delivery charges will be charged at the quoted rate. Such white glove delivery service shall include unloading, unpackaging and assembly of the products at the shipping address on record immediately upon delivery. You shall be responsible for providing a suitable and safe environment at the shipping address on record for such white glove delivery service. White glove delivery service is provided “as is” and without any warranties of any kind. To the extent permitted by applicable law, the Company disclaims all liability arising from or related to such white glove delivery service, including without limitation, any liability arising from acts or omissions of individuals providing such white glove delivery service.
Product returns are only accepted for products with material defects in material or workmanship upon arrival or where the Company has made an error in fulfilling your order correctly. “Defects” are defined as imperfection in material or workmanship that will impair the use of the product. Products made of natural materials (e.g., marble, silk, etc.) shall not be considered defective due to variations of color or texture.
You should inspect all deliveries immediately upon arrival. All products are considered to be in good condition as of delivery and not delivered in error, unless they are reported defective or delivered in error within 5 business days of receipt at the shipping address on record. Please make note of any damage to boxes when you sign for your delivery. Report any damage to boxes, material defects or errors in delivery promptly to the Company by e-mail (email@example.com), or phone (484-212-5610) within 5 days of receipt at the shipping address of record.
No replacements/refunds will be given for products moved or re-shipped after receipt at the shipping address on record.
Defective products and products delivered in error may be returned to the Company only after obtaining a Return Material Authorization Number from the Company. The Company will arrange for pickup of such products. If the Company determines after inspection that such returned product contains a material defect in material or workmanship, the Company will, at the Company’s option, repair or replace the product free of charge. If the Company determines that such returned product was delivered in error, the Company will correct such error and re-deliver the products ordered to you.
The Company warrants to you, the original purchaser, that our products are free of material defects in material and workmanship one year from delivery if properly stored, handled, assembled, maintained and used under normal conditions. “Defects” are defined as imperfection in material or workmanship that will impair the use of the product.
Our product warranty does not cover:
- defects caused by improper product storage, handling, assembly, maintenance and use,
- defects occurring to the product after purchase due to product modification, intentional damage, accident, misuse, abuse or negligence,
- normal product wear and tear due to age,
- labor or assembly costs, or
- variations of color or texture in products made of natural materials.
If you find a material defect in material or workmanship in any product, part or component, you must report such defect during the relevant warranty period to the Company by e-mail (firstname.lastname@example.org), or phone (484-212-5610).
Defective products may be returned to the Company freight prepaid only after obtaining a Return Material Authorization Number from the Company. If after inspection any such returned product is determined by the Company to breach the warranty set forth herein, the Company will, at the Company’s option, repair or replace the product free of charge. Replacement or repair of products does not extend its warranty period beyond the original warranty expiration date. All Company warranties are limited warranties and are limited to the original purchaser with proof of purchase.
EXCEPT FOR THE EXPRESS WARRANTY STATED ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) RELATING TO THE PRODUCTS PROVIDED BY THE COMPANY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE (EVEN IF THE PARTICULAR USE OR PURPOSE IS DISCLOSED TO THE COMPANY IN ADVANCE), OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
THE REMEDIES SET FORTH ABOVE CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDY, AND THE SOLE AND EXCLUSIVE OBLIGATION OF THE COMPANY, FOR BREACH OF THE WARRANTIES SET FORTH ABOVE.
Your Trade purchase may be eligible for an extended warranty protection plan. Please inquire with your Home Furnishings Specialist prior to the delivery of your order by e-mail (email@example.com), or phone (484-212-5610).
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND/OR INDIRECT DAMAGES, OR FOR ANY LOSS OF BUSINESS, SALES OR PROFITS, ARISING FROM OR RELATED TO THE PRODUCTS OR THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS OR THESE TERMS, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EXCEED THE AMOUNTS RECEIVED BY THE COMPANY FROM YOU FOR THE PRODUCTS THAT ARE THE BASIS FOR THE LIABILITY.
You acknowledge that the Company has set its prices and entered into these terms in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. You agree that the limitations of liability and the disclaimers of warranties and damages specified in these terms will survive and apply even if found to have failed of their essential purpose.
The Company will not be liable for any delay or failure in performance arising out of acts or events beyond its control, including, but not limited to, acts of God, earthquake, fire, flood, acts of civil and military authorities, embargoes, riots, war, terrorism, labor disputes and strikes, product or supplier shortages, power failures, and interruption of or delay in telecommunications or transportation services.
You may not assign, delegate, or transfer these Terms or any right or obligation hereunder, whether voluntarily or involuntarily, by operation of law or otherwise, without the prior written consent of the Company, and any attempt by you to assign these Terms without such consent will be null and void. The Company may assign any of its rights or obligations under these Terms without your consent. Subject to the preceding sentence, these Terms will bind each party and its permitted successors and assigns.
If any provision of these Terms is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from these Terms, while the remainder of these Terms will continue in full force and effect.
This Agreement and all matters arising out of or relating to this Agreement will be governed by the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the Commonwealth of Pennsylvania to the rights and duties of the parties.
These Terms shall be deemed to have been drafted by all parties and, in the event of a dispute, neither party shall be entitled to claim that any provision should be construed against the other party by reason of the fact that it was drafted by the other party.
These Terms and any quotation provided by The Company constitute the complete agreement between the parties and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of these Terms.
These Terms may not be amended or modified except in a writing signed by a duly authorized representative of each party; no other act, document, usage, or custom will be deemed to amend or modify these Terms.