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Order, Delivery and Storage

Terms and Conditions

These Order and Delivery Terms and Conditions ("Terms and Conditions") apply to all purchases made by you ("Buyer") and Jan De Luz ("Seller") of furniture or other goods, whether the purchases are made online through Jan De Luz's website at www.jandeluz.com, by phone, fax, or in person at Jan De Luz's showroom.

 

Order Acceptance

Orders are deemed accepted by Buyer upon Buyer's receipt from Seller of an Order Confirmation and Invoice. Seller will issue an Order Confirmation and Invoice to Buyer following submission of an order online through Jan De Luz's website at www.jandeluz.com or when an order is placed by phone or in person at Jan De Luz's showroom. Upon issuance of the Order Confirmation and Invoice and payment of the full amount indicated on the invoice, the risk of loss for all purchased furniture and other goods described in the Order Confirmation and Invoice shall pass to Buyer.

 

Delivery and Storage of Goods

Unless otherwise specified by agreement between Buyer and Seller, all orders not in stock at the time of ordering will be delivered to Seller's showroom located at 4 East Carmel Valley Road, Carmel Valley, California, 93924 for pickup by Buyer. For items not in stock at the time of ordering, when Seller receives the items at Seller's showroom, Seller will send to Buyer, at the address provided by Buyer when Buyer placed the order, a Notice of Delivery.

Seller will hold items free of charge at Seller's showroom for up to 30 days from Buyer's order or from Seller's receipt of the items at the showroom, whichever is later. After 30 days, Seller shall apply a storage fee of 10% of the purchase price per month. After 180 days, Seller has the right to sell the items to collect unpaid storage fees. No refunds will be given to Buyer for items sold to collect storage fees.

Seller's storage of items following order acceptance and shipment to seller's premises shall not be construed as a bailment. Neither shall Seller shall not be considered to be a warehouseman or depository for hire. Buyer accepts all risk of loss for goods left in Seller's possession.

 

Retention of Title

Title to items accepted by Buyer upon issuance of the Order Confirmation and Invoice will pass to Buyer only after the items have been paid for in full. Until Buyer submits full payment to Seller, Buyer irrevocably authorizes Seller or its agents to reclaim any goods not fully paid for. All sales are final.

 

Right to Update Order, Delivery and Storage Terms and Conditions

These Terms and Conditions are subject to change without prior notice, except that the terms and conditions posted at www.jandeluz.com at the time that the Buyer places or modifies an order will govern the order in question. Should the updated Terms and Conditions affect the terms of storage of items at Jan De Luz's showroom, Jan De Luz will send a Notice of Updated Storage Terms and Conditions to all Buyers whose items are held at the showroom at the time the Terms and Conditions are updated.

 

Governing Laws and Attorney's Fees

All sales shall be governed by the laws of the State of California, and Buyer and Seller consent to have all disputes arising from the purchase of items from Jan De Luz subject to the jurisdiction of the courts of the County of Monterey.

If Buyer or Seller commences an action to resolve a dispute arising from a sale, then Buyer and Seller agree that the prevailing party in any such action shall be entitled to recover attorneys' fees and court costs and other non-reimbursable litigation expenses, including expert witness fees and attorney and witness travel expenses.

 

 




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Jan de Luz
1219 Main Street, St. Helena, CA
Dolores between Ocean and Seventh, Carmel, CA
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