The following terms and conditions apply to any and all sales made by Casa Moderne and Design (CMD). Using, accessing, and/or placing any order(s) on this website or from CMD in any other format constitutes agreement to be legally bound by the policies set forth in these terms and conditions.
Ordering
International shipping lead times on imported products can range from 10 to 16 weeks for production, packaging, international freight, and customs. We will attempt to keep you updated on the progress of your imported item whenever possible.
CMD reserves the right to refuse any order for any reason and all orders are subject to the availability and approval of CMD's factory.
Order cancellation is only available subject to written consent of CMD.
Because handcrafted and natural materials can vary in color and texture, pictures provided on the CMD website and in any printed materials are approximate, and CMD cannot guarantee an exact match.
Due to their specific nature, custom orders require a non-refundable 50% deposit and we are not able to accept any changes or cancellations once the order is in production.
Pricing and Payment
CMD accepts only US Dollars as payment, and as such all invoices will be paid using this currency.
Listed prices do not include taxes, shipping, or assembly and installation unless specifically noted in your order confirmation. A 50% deposit is required at the time of order for any furniture goods over $10,000 purchased through the CMD website. We require authorization from the credit card company for the full amount of the purchase order, but will only charge 50% at the time of purchase. The remaining balance will be due 4 days prior to pick-up or delivery of goods. For lighting items, accessories, mirrors and any merchandise items not to exceed $10,000, there is a 100% prepayment policy, and we will require payment in full at the time of order.
Unless otherwise specified in writing, CMD must receive full payment on all items before shipping will take place.
All listed prices are subject to change at any time, without prior notice. In the event that a product is purchased at an incorrectly listed price due to typographical error or for any other error on any page of the website or in any other electronic or hard copy document, CMD reserves the right to refuse, modify, cancel, or take any other measure considered appropriate by CMD to address the error on items purchased, quoted, or inquired about at the incorrect price, regardless of whether the customer has received a confirmation and/or payment has been received. If one or more payments have been received, CMD will refund any payment or payments that have already been made on the incorrectly priced product or products. In such a case, no purchase order or orders will be considered confirmed, and no items will be shipped due to invalidity of the purchase order or orders. In no case shall CMD be liable to ship the product to customers at the incorrectly listed price. CMD takes pride in maintaining as error-free a site as possible; however, accidents will happen. CMD promises to do everything within our power to find and correct such mistakes as quickly and appropriately as possible
Returns and Cancellations
Internet/Phone Orders
We understand that deciding upon a color and style for your furniture can be difficult, and we recommend that you do not place your order until you are 100% certain about your furniture purchase, as CMD is only able to accept changes or cancellations within 48 hours of the order being placed.
CMD is unable to accept any form of return on purchased products. All sales are final. NO RETURNS!
Claims
Purchaser accepts all risk of loss once the product has left CMD facilities. The responsibility for inspecting all products received upon delivery by the shipping company rests solely upon the customer and all claims with the shipping company must be placed by the customer.
Shipping and Delivery
CMD can not be held accountable for shipping delays of any kind resulting from circumstances beyond our control. CMD is unable to accept claims for product defects placed in writing within two (2) days of delivery. Customer is responsible for being available to accept delivery and for inspection of the product upon delivery.
To ensure that all products are in good condition, CMD or the shipping company will thoroughly inspect all products prior to pickup. Once the shipping company receives the product and signs our bill of lading to confirm the good condition of all products, responsibility for risk of damage or non-arrival passes to the client. CMD does not guarantee that the products will be in pristine condition upon arrival, and we recommend that customers carefully examine all products upon delivery.
CMD prepays and insures all orders for the invoice value of the goods.
In the case of back orders or other circumstances, and unless otherwise specified in writing at the time of sale, CMD reserves the right to invoice and ship partial orders. Because CMD does not personally handle delivery of goods, we cannot guarantee delivery dates, and all such dates given are approximate. Should delays occur on your shipment, we will do our best to let you know in advance.
If any items are mis-shipped or if the customer's order is missing items, CMD will ship the missing or mis-shipped items by regular ground service at no cost to the customer. If the customer would like the items to be shipped express or air, we will be glad to help accommodate such requests, but the customer will be responsible for paying all extra charges.
Pricing listed on the CMD website does not reflect all freight and handling charges, which are quoted on an individual basis upon placement of your order. Quotes will be based upon standard ground freight, but expedited freight is available upon request. If you would like to expedite your product shipping, please let us know when you place the order.
CMD uses standard ocean freight for all imported furniture and specialty items. If you would like to use expedited air freight, please indicate as such upon ordering. For customer convenience, CMD will gladly hold all products in our warehouse for up to 30 days without charge. After 30 days, a 15% charge per month will be charged on the full or partial amount of the invoice total, as determined by CMD.
Compliance with Law
RESPONSIBILITY FOR COMPLIANCE WITH ALL LOCAL, STATE, AND FEDERAL LAWS INVOLVING INSTALLATION, USE, MAINTENANCE, AND OPERATION OF PRODUCT RESTS WITH THE PURCHASER.
Laws can vary from state to state, so please check with your local government office about laws applying to your purchase.
Limitations of Liability
No liability shall come to rest on the seller, subcontractors, or suppliers for any damage resulting from the use of products sold on this website, nor arising from a breach of this agreement in any form.
All remedies allowed to the purchaser set forth in this agreement are the exclusive and are the liability of the seller with respect to the breach of this agreement or any other contract, written or expressed, entered into between the parties pursuant hereto shall be for no greater sum than the pricing of the product or part upon which the liability is based. If the law of any jurisdiction involved do not allow for limitation or exclusion of implied warranties, incidental damages, and consequential damages, the above limitations may not apply. In such cases and jurisdictions, the above limitations will be enforced to the greatest possible extent permitted by the applicable laws.
Choice of Law and Forum; Arbitration
Should any claim or controversy arise relating to the terms herein in any way, such terms shall be filed in a competent court of jurisdiction that sits in Los Angeles County, California. Both parties expressly consent to exclusive jurisdiction in said county; however, either party may elect to settle any and all litigation that may arise out of and/or relating to these terms and conditions by binding arbitration in accordance with the commercial arbitration rules set forth by the American Arbitration Association. If either party elects arbitration, such will be conducted in Los Angeles, California, and judgment given in arbitration may be entered into any court having jurisdiction upon such litigation. The terms covered herein will be governed by the laws of the State of California, without effect to its conflict of laws provisions.