Terms and Conditions for our Brands - Curated

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  • Terms and Conditions for our Brands

    Moooi Carpets

    Characteristics.

    • Sizes, representations and colours:

    The specified size of a carpet may vary slightly by a few cm’s.

    Images and colours displayed on your screen via the internet are indicative and can deviate from reality. This may be due to a slight distortion of images or colours by photography and / or video display in use. To avoid disappointment, you can if possible, before ordering view the same or a similar carpet  on display at the local dealer. For dealer locations in your country or region please consult www.moooicarpets.com/dealers . There is also a possibility to order a sample of your carpet, more on this can be found on the website.

    Are there, in your opinion, the aforementioned slight deviations such is no reason to cancel the order or return the goods: MCI CARPETS accepts no liability for such deviations.

    • Colour resistance:

    Over time the colours will vary or may fade particularly under the influence of UV radiation. No colour is 100% resistant to sunlight! Whether or not this happens and how fast is strongly dependent on the exposure to UV and intensity of use of the carpet. 100% colour resistance does not exist and is not guaranteed.

    • Wear resistance:

    The carpet was tested for wear resistance and meets or exceeds the standards for normal domestic use.

    • Fire safety:

    The carpet is tested for fire safety and meets the legal standards for domestic use.

     Defects / Returns:

    If a carpet has visible defects other than the slight deviations mentioned above, you must immediately inform MCI-Carpets by e-mail and detailed as much as possible the defect(s). In order to form our opinion, we like to receive one or more pictures showing as clearly as possible the defect(s). If we are unable to solve the problem(s) and no other agreement is made between you and MCI CARPETS, you may after having received our prior authorization return  the carpet free of charge; in this case applies what is mentioned here below under “Warranty”.

    A carpet returned by you without our prior approval, will not be accepted.

    Warranty:

    Our carpets are being manufactured with the utmost concern and using good and durable materials.  During normal domestic use and proper maintenance MCI CARPETS warrants the carpet FIVE years from the date of delivery on manufacturing defects. The warranty means that whenever during the mentioned term, the carpet shows manufacturing defects you are entitled to EITHER a new carpet with or without any extra supplement payment, OR reimbursement of (a part of) the purchase price. A proper appeal to warrantee gives right to the following:

    Repayment purchase price:             Supplement when buying a new carpet:

    • During the first 2 years:        100%                                                    None
    • The 3rd year:                            80%                                                      20%
    • The 4th year:                            60%                                                      40%
    • The 5th year:                            40%                                                      60%

    The afore mentioned percentage is calculated on the purchase price paid for the defective carpet.

     Governing Law / Jurisdiction.

    The agreement concluded by your order between you and MCI CARPETS is governed by the law of the Netherlands. The competent Dutch court has sole jurisdiction. If a dispute is not resolved by mutual agreement, either you or MCI CARPETS has the right to submit the dispute to the competent court in the Netherlands.

     

     

    Reaching Quiet Design, LLC

    At Reaching Quiet Design, LLC providing high quality craftsmanship and excellent customer service are our top priorities. We want you to be satisfied with your experience with our company, so please carefully review all of our Terms and Conditions before placing your order. If you have any questions or concerns, please contact us directly by any of the following methods:
    Reaching Quiet Design, LLC

    1449 South Church St. Suite B
    Charlotte, NC 28203
    Phone: 704.377.6304
    E-mail: info@reachingquiet.com

    CONDITIONS OF USE:

    By signing this form you agree to all of the terms and conditions listed below:

    Payment Terms & Terms of Sale:

    • All Orders are subject to Reaching Quiet, LLC’s express, written approval and/or execution of a fully executed written agreement, as applicable.
    • All credit card transactions are processed in U.S. dollars.
    • Reaching Quiet, LLC accepts Visa, MasterCard, Discover, and American Express credit cards, checks and wire transfers. If paying by check or wire transfer, the order will not be processed until the check or wire transfer clears. A 4% service fee will be added to all credit or debt card orders.

    • Reaching Quiet, LLC will process payment for approved orders received on weekends or holidays on the next business day. Business days are Monday through Friday, excluding federal holidays.
    • Payment is due in full at the time of purchase unless otherwise stated on the invoice.

    Orders will not be processed and Products will not be manufactured and delivered unless and until payment in full is received. The customer agrees that all Products shall remain property of Reaching Quiet, LLC until payment in full is received.
    • Reaching Quiet, LLC is not obligated to pay for labor or installation costs for the installation or un-installation of any Product.
    • Many of Reaching Quiet, LLC’s Products are subject to State and Federal copyright and trademark laws. The Client shall not take any actions that would violate any of Reaching Quiet, LLC’s copyrights, trademarks, artisan liens, or other applicable common law or statutory rights.
    • Any custom molds or custom items manufactured and paid for by the Client are property of Reaching Quiet, LLC and shall remain property of Reaching Quiet, LLC throughout the Project and after completion of the Project. The Client agrees that it does not have any ownership rights in or to such molds or custom items, nor shall they be entitled to them whether or not the project is completed or cancelled for any reason.

    Sales Tax Policy:

    • Unless a current resale certificate is provided for the state in which the work is being delivered to, Reaching Quiet, LLC is required to collect sales tax for residential and

    commercial orders shipped within the State of North Carolina. Orders shipping to a location outside of the State of North Carolina are not subject to sales tax, subject to certain exceptions.
    • If the Order requires Reaching Quiet, LLC to deliver the Product to the Project Location (not utilizing third party ground or freight carrier services), Reaching Quiet, LLC is required to charge and collect sales tax at the sales tax rate applicable in the State in which the Product is being delivered.

    If Reaching Quiet, LLC is installing a product that qualifies as a capital improvement, then sales tax will not apply, provided the Client provides Reaching Quiet, LLC with the applicable Capital Improvement exemption form for the state in which the product is being installed.

    If you are placing an order on behalf of a tax-exempt organization please call Reaching Quiet, LLC at 704-377-6304 or email at info@reachingquiet.com and provide a true copy of your organization’s state tax-exempt status. The organization or individual name on the Order and form of payment must exactly match the state tax-exempt certificate. Reaching Quiet, LLC does not accept federal tax exemption certificates.

    Cancellation & Return Policy:

    • Since all of Reaching Quiet, LLC’s products are custom made to order, cancellations, returns, or exchanges of any products are not permitted.
    • If Reaching Quiet, LLC delivers a product that you did not order, you must notify us within five (5) business days from the date of receipt of the product. We will arrange for you to ship the product back to us in its original crate. Reaching Quiet, LLC will pay for all shipping expenses and will deliver the correct product as soon as possible.

    • After production has begun, changes to orders usually are not possible. Reaching Quiet, LLC will attempt to accommodate Client requests to change orders, but additional charges may be incurred and Reaching Quiet, LLC reserves the right to reject such requests in its sole discretion.
    Shipping & Damaged Merchandise:
    • Items are shipped via Ground Service or Freight Carrier depending on size and weight.
    • Items are sent Standard Shipping unless the customer requests a faster form of shipment prior to making their purchase online. Additional charges will be applied to the total invoice and may be charged separately from the initial product purchase to the customer’s credit card.
    • Items shipped to customers outside of the United States of America may be subject to customs, brokerage import or other tariff fees. The customer is responsible for and shall pay all such fees. Contact Reaching Quiet, LLC prior to purchase for a shipping estimate. If the customer does not contact Reaching Quiet, LLC prior to purchase, all such additional charges and fees shall be billed separately from the initial product purchase to the customer’s credit card.
    • Reaching Quiet, LLC, is not responsible for any time guarantees in shipping and will not be responsible for any inconvenience or any monetary loss, penalty, or extra charge of any kind incurred by our customers should any delivery take longer than anticipated. • Once your order has been prepared for shipment or has shipped, we are unable to change the shipping address.

    Delivery by Reaching Quiet, LLC:

    • If Reaching Quiet, LLC and Client arrange for Reaching Quiet, LLC to deliver the project to the project location (instead of shipping via third party ground or freight carrier), Reaching Quiet, LLC will contact the Client at least 24 to 48 hours in advance to schedule a delivery date during normal business hours (Monday through Friday 8:00 a.m. to 4:30 p.m., excluding legal holidays). Upon completion of delivery, the Client will execute a product approval form.

    • Reaching Quiet, LLC shall not be liable or responsible for any damage done to the project caused by anyone who is not a Reaching Quiet, LLC employee or sub- contractor, including homeowners, designers, contractors, or their respective employees, servants, or agents.

    • Client shall provide Reaching Quiet, LLC with a sufficient and safe means of access to allow delivery of the Product to its final location at the Project Site. It is Client’s responsibility to secure in advance any approvals from building management that may be required to effect delivery and to measure and confirm that the physical dimensions of available freight elevators, loading and unloading areas, hallways, door frames, and the like, are sufficient to accommodate the Product.

    • In the event Client is unable to provide sufficient or safe access for delivery of the Product to its final location at the Project Site, Client shall designate a secure location at or near the Project Site to which the Product may be delivered by Reaching Quiet, LLC. Reaching Quiet, LLC shall have no further liability with respect to delivery of the Product. If the Product cannot be delivered for any reason, or if Reaching Quiet, LLC is required to arrange for re-delivery of the Product, Client shall be responsible for and shall pay all additional charges incurred thereby.
    • Client authorizes Reaching Quiet, LLC to take and retain photographs of the Project upon completion of the delivery. These photographs shall be the property of Reaching Quiet, LLC, and the Client understands and agrees that Reaching Quiet, LLC may utilize such photographs in the course of its continuing business operations, and its print and electronic media, including its promotional and advertising materials. Client shall not have any ownership or other rights in such photographs or in their subsequent use.
    Durability & Appearance of Products:
    Chipping/Scratching
    - Concrete is a very durable material, but may chip if struck with another hard object. Scratches may form on your surface if a sharp or rough object is dragged across the concrete. Minor scratches can be filled in with a wax or Pledge. Reaching Quiet, LLC is not responsible for repairing or replacing any products that are chipped or scratched after delivery is completed.
    Cracking - Cracks can form in concrete from stress, movement, shrinkage, weather (freeze-thaw), or abuse to the product. Hairline surface cracks may develop and are considered acceptable in the concrete industry. Reaching Quiet, LLC is not responsible for repairing or replacing any products that develop or sustain hairline cracks.
    Staining - Our concrete has a topical sealer applied for water and stain resistance (left in its natural state, unsealed concrete is porous and will stain). All sealers used on our concrete products are food safe and are designed to withstand normal use in kitchens, baths and floors. Highly acidic products such as lemon juice, mustard, vinegar, wine, soda, tomatoes, bananas, pumpkins/gourds, etc., perfumes, colognes, and cleaners or soaps that contain vinegar or citric acids, and other harsh chemicals or solvents such as

    acetone, ammonia, hydrogen peroxide, bleach, etc. should be avoided or cleaned off of your concrete surface as soon as possible. These substances may “eat” through the sealer, leaving a light hazing, and could possibly expose or stain your concrete. There are of course other items and products that may damage your sealer. We have tested against the most typical, but please use standard precautions to keep your concrete protected. Staining can also occur if the sealer is compromised (e.g. cutting on it, using abrasive cleaners or scrubbing pads, etc.). Reaching Quiet, LLC is not responsible for repairing or replacing any products that develop stains after delivery is completed. Product Appearance & Variation - Reaching Quiet, LLC’s concrete products are made by hand using natural materials and therefore all products will vary in color, size, appearance, and texture. Concrete products may also show particles of sand, fiber, colorant or Portland cement in various areas. Fill holes on the surface, edges, and inside of integral sinks will have a different shade or tone of color than the root concrete color. These variations are not considered a defect but rather a desirable characteristic.

    Approved color samples may vary from the finished product. Reaching Quiet, LLC has limited control over the outcome of each product, and is therefore not responsible for replacing or repairing products due to these variations.
    Product Image Disclaimer - Reaching Quiet, LLC tries to provide the most accurate images available. However, due to variations in computer monitors and the various settings for both brightness and contrast, we cannot guarantee that the color represented in a product image on your monitor is exactly as it will appear in the physical world. The same holds true for all printed materials as well due to variations in the printing process.

    Warranties, Limitations of Liability and Exclusive Remedies:

    Reaching Quiet, LLC warrants that its Products shall perform in a good and workmanlike manner in accordance with applicable standards; comply with any applicable laws, rules or regulations; and not violate or infringe upon any presently issued patent or copyright of any third party.

    THE FOREGOING WARRANTIES ARE Reaching Quiet, LLC’S ONLY WARRANTIES CONCERNING THE PRODUCTS, AND ARE MADE FOR THE BENEFIT OF THE CLIENT ONLY AND ARE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.

    Reaching Quiet, LLC’s sole responsibility under this Agreement shall be limited to the repair or replacement, at its own expense, of any non-conforming Reaching Quiet, LLC Products provided hereunder and discovered by the Client and reported to Reaching Quiet, LLC within one (1) month from the date of delivery to the Client. This warranty does not include or cover 1) hairline cracks in the concrete, 2) damage caused during installation or due to incorrect installation, 3) damage caused by incorrect cleaning or care, 4) damage caused by incorrect use, 5) damage caused by acts of abuse to the products such as scratches, chips, stains, or other markings/damage, or 6) damage caused by drilling into or attempting to alter the product from the way in which it was received. Reaching Quiet, LLC SHALL HAVE NO LIABILITY OR OTHER RESPONSIBILITY TO THE CLIENT OR ANY THIRD PARTY WITH RESPECT TO ANY

    LIABILITY, LOSS OR DAMAGE ALLEGEDLY CAUSED DIRECTLY OR INDIRECTLY BY THE PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS, ANTICIPATORY PROFITS, OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.

    Governing Law: Reaching Quiet, LLC and the Client agree that this Contract shall be governed by the substantive laws of the State of North Carolina without reference to conflicts of laws principles. The Client consents to the jurisdiction of courts located within the State of North Carolina to resolve any disputes that may arise between Reaching Quiet, LLC and the Client.

    GENERAL

    A. If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, such provisions are, to that extent, deemed omitted, but this Agreement and the remainder of its provisions shall otherwise remain in effect.
    B. No provisions of this Agreement shall be deemed waived, amended or modified by either party, unless such waiver, amendment or modification is in writing and signed by the parties.

    C. The waiver of one default under this Agreement shall not be deemed a waiver of subsequent or similar defaults.
    D. CLIENT EXPRESSLY WAIVES THE RIGHT TO A TRIAL BY JURY IN THE EVENT EITHER PARTY BRINGS A LEGAL ACTION TO ENFORCE RIGHTS UNDER THIS AGREEMENT OR TO RESOLVE ANY OTHER MATTES IN DISPUTE THAT MAY ARISE BETWEEN CLIENT AND REACHING QUIET, LLC.

    E. THESE TERMS AND CONDITIONS SHALL SUPERSEDE AND TAKE PRECEDENCE OVER ALL PROPOSALS, CLIENT PURCHASE ORDERS OR ANY OTHER WRITTEN OR ORAL COMMUNICATIONS BETWEEN THE PARTIES.

    RECEIPT BY THE CLIENT OF PRODUCTS HEREUNDER SHALL BE DEEMED CONCLUSIVE EVIDENCE OF CLIENT'S AGREEMENT THAT THE PURCHASE, USE AND POSSESSION OF REACHING QUIET, LLC’S PRODUCTS IS GOVERNED EXCLUSIVELY BY THESE TERMS AND CONDITIONS.

    Disclaimer:

    By purchasing and installing our products, you agree that Reaching Quiet, LLC, its members, employees, and affiliates, cannot be held responsible for any accidents, liabilities, misuse of any of Reaching Quiet, LLC’s products, or any damages that may be caused thereby.

    If you have any questions, concerns, or comments about our privacy policy, you may contact us by phone: 704-377-6304 or by email: info@reachingquiet.com.