Terms of Service
TERMS OF SERVICE ( "SALES AGREEMENT" )
OVERVIEW - All users of the g4decor.com website
This website is operated by G4 Decor LLC. Throughout the site, the terms “we”, “us” and “our” refer to G4 Decor LLC. G4 Decor LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Sales in which customers purchase merchandise viewed on the g4decor.com website ( “SITE SALE” )
1. SITE SALES. All SITE SALES shall be deemed a final sale. All SITE SALES are sold ‘AS IS WHERE IS’ and cannot be exchanged or refunded for any reason whatsoever. Phone, email or fax authorization by BUYER to SELLER to purchase existing merchandise shall be deemed a SITE SALE, and BUYER irrevocably designates SELLER as its agent to inspect merchandise, and waives any right whatsoever to question the discretion of SELLER in selecting and inspecting the merchandise. Any additional work performed by G4 Decor LLC ( “SELLER” ) to facilitate a SITE SALE, such as cleaning, repairing, reupholstering, treating of fabric, refinishing, or any other alteration of an item shall in no way affect the terms of sale described in this paragraph, except that the BUYER retains their right to claim that the work performed was defective, as described in Paragraph 18 of this Agreement.
2. Content and Provenance. SELLER represents that all information provided to BUYER with respect to age, origin, content and condition of merchandise sold is accurate, and based upon information supplied to SELLER from the manufacturer and/or supplier. BUYER acknowledges and consents that any information provided is purely descriptive, and is in no way intended to be used for valuation or authentication. BUYER further agrees to hold harmless and indemnify SELLER from any harm to BUYER by any error, mistake or omission derived from improper identification of the age, origin, content or condition of merchandise sold.
3. Digital Images. SELLER warrants that the digital images ( “IMAGES” ) published on its SITE depict the item of which the IMAGE is attributed to. BUYER acknowledges that the IMAGES are merely descriptive, and are solely intended to elaborate the written item description. BUYER expressly consents that the IMAGES in no way depict an item in its entirety; however, the IMAGES shall be conclusive as to general physical identification of an item. Any images accompanying the invoice shall be deemed fully integral to this SALES AGREEMENT, as if fully inserted at this point
Sales involving delivery within the United States of America and its territories or customer pickup ( “DOMESTIC DELIVERY” and delivery outside the United States of America and its territories ( “INTERNATIONAL DELIVERY” )
4. Shipping Agent. Unless the BUYER specifies a method of shipment and common carrier within five (5) days prior to, or after the purchase date, BUYER expressly appoints SELLER as its SHIPPING AGENT. The SHIPPING AGENT shall arrange, on behalf of the BUYER, the packing and handling of the purchased property by a common carrier and/or packer of SELLER’S choosing, and will insure the item against loss or damage in an amount no less than the selling price. The BUYER shall bear the cost of all shipping, insurance, sales or use taxes, VAT, GST, TVA, and any import-export taxes, duties or fees, and other applicable transactional taxes or fees. The SELLER is not liable for any acts or omissions of carriers or packers or shippers.
5. Customs, Duties and Taxes. BUYER represents that the merchandise can be lawfully imported to the destination country. BUYER expressly acknowledges that the merchandise may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). BUYER shall be the importer of record and must comply with all laws and regulations of the destination country. INTERNATIONAL DELIVERY may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; SELLER has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; BUYER should contact its local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
6. Release of Merchandise to Carrier. Sales involving DOMESTIC DELIVERY or INTERNATIONAL DELIVERY shall be deemed completed when the merchandise is released by SELLER to BUYER’S designated carrier or the carrier designated by SELLER, whichever the case may be.
7. Delivery Dates. Shipping dates are approximate and subject to change. We shall make every effort to keep our delivery commitment; however, there may be circumstances beyond our reasonable control, and the delivery date provided in the sales contract shall be extended by the period of time lost by the delay and no order, or part thereof, shall be cancelled and any deposits refunded because of the foregoing circumstances. BUYER acknowledges that all pertinent information about this order, including status and delivery dates, is based upon information supplied to SELLER by the manufacturer and trucking company representatives.
8. Storage. If BUYER requests postponement of delivery when SELLER is ready to make shipment, SELLER reserves the right to transfer the merchandise to storage at the BUYER’S risk and expense. Such transfer to storage shall be deemed delivery to the BUYER for all purposes including invoicing and payment.
9. Freight. All prices are FOB Source. Prices do not include packing, storage, shipping, local delivery, uncrating, insurance or installation. Any oral representation by SELLER as to the freight cost is only an estimate, and may be subject to change without notice. BUYER irrevocably consents to the freight charges imposed by the common carrier designated by SELLER unless BUYER designates a fully licensed and insured carrier acceptable to SELLER, pursuant to Paragraph 0 of the SALES AGREEMENT.
10. Shipment Contract. SELLER, if directed by BUYER, shall ship the goods to the BUYER at the address indicated on the face of the invoice; but this is a shipment contract ( FOB – SOURCE ) and not a destination contract. Title and risk of loss to the goods shall pass from SELLER to BUYER upon SELLER’S delivery of the goods to a common carrier.
11. Freight Damage. SELLER is not responsible for damage suffered in transit or in storage. Before accepting goods from carrier, the BUYER shall examine the shipment carefully. If the item arrives damaged, the BUYER should retain all shipping materials and take photographs of the damaged item. If the Property has been unpacked by any export or point of import custom officials or inspectors or other applicable government agency and any parts of the Property are damaged, then the SELLER and/or the SHIPPING AGENT shall not be responsible for the same delivery to the BUYER. The BUYER should ensure that if Property has been unpacked by any customs or government agency, any official tape used to reseal the shipment should be retained with all packing in the event of a claim against that government agency. If there is any loss or visible damage to the containers, insist that a notation be made on the bill of lading before signing for same. All claims for goods damaged or lost in transit must be filed by the BUYER within five (5) days of delivery with the common carrier making delivery. SELLER may assist BUYER in filing the freight claim.
12. Payments By Credit Card. Any credit card payment authorized by BUYER shall be governed by the terms and conditions of this Agreement. BUYER consents to the charging of any delinquent balance payment or storage fee on the credit card used by BUYER to purchase the item. BUYER acknowledges that title to goods purchased passes to BUYER upon the occurrence of the designated trucker PICKING UP BUYER’S GOODS or the date when BUYER advises SELLER to retain goods until the BUYER returns to pick up the items. BUYER waives any rights, remedies, or defenses it may raise against SELLER based upon the credit card issuer agreement regarding non-delivery or non-receipt of merchandise.
Sales involving the order of additional items or the repair of existing items ( “REPAIR” and “ORDER” )
13. Cancellation. All orders are considered firm and any cancellation accepted by G4 Decor LLC ( “SELLER” ) is subject to forfeiture of deposit. All orders are considered custom, and are not subject to cancellation once production has begun. Production shall be deemed to have commenced upon receipt of the BUYER’S deposit.
14. Shipping Dates. Shipping dates are approximate and subject to change. We shall make every effort to keep our delivery commitment; however, there may be circumstances beyond our reasonable control, and the delivery date provided shall be extended by the period of time lost by the delay and no order, or part thereof, shall be cancelled and any deposits refunded because of the foregoing circumstances. Estimated completion of this order is based on the date of receipt of deposits, final payment, selection of finish, and receipt of COM material at the factory. BUYER acknowledges that all pertinent information about this order, including status and delivery dates, is based upon information supplied to SELLER by the manufacturer and trucking company representatives.
15. Force Majeure. The Delivery Date, as specified in Para 7 of this SALES AGREEMENT, shall be extended by a reasonable time if performance is delayed by reason of any cause whatsoever beyond the SELLER’S reasonable control, including, but not limited to, war hostilities (declared or not), riot, civil commotion, domestic or international terrorism, strikes, lockouts, labor disputes, epidemics, fire, accidents, breakdown, traffic congestion, prior commitments or other obligations, late or non-delivery by a contracted carrier or other reason.
16. Acceptance. BUYER shall demonstrate their consent to the terms and conditions of this SALES AGREEMENT by signing the invoice, and returning it to SELLER via facsimile, email or first-class mail; or completing a purchase through the g4decor.com website checkout cart. Delivery of any item ordered to the BUYER or the BUYER’S agent, such as a common carrier, shall be deemed acceptance to the terms and conditions herein. SELLER’S receipt and acknowledgement of BUYER’S payment shall constitute full and unconditioned acceptance of any sales quotation issued by SELLER that is less than 30 days old, and shall bind both BUYER and SELLER to the terms and conditions herein. Sales quotations more than 30 days old may require a price adjustment, and payment by BUYER shall be deemed a counter offer to purchase the goods at the adjusted price and the payment shall be deemed a partial payment. Any terms and conditions proposed in BUYER’S purchase order, other than those expressly noted in writing on the face of the invoice by SELLER are expressly rejected, superceded, and replaced by the terms and conditions contained in this Agreement.
17. Disclaimer. It is expressly understood and agreed to by you (the “BUYER”) and you acknowledge your understanding that SELLER is not offering any warranties and that there are no implied warranties of merchantability, of fitness for a particular purpose, or any other warranties, express or implied by the SELLER, covering the subject products, unless otherwise specified by BUYER and acknowledged in writing by SELLER. No other express warranty is given and no affirmation of the SELLER, by words or actions, shall constitute a warranty.
18. Defective Merchandise. SELLER shall not be liable for any claim, complaint or defect unless same are recognized by the manufacturer of the merchandise in accordance with manufacturers standards. In any case, the retention of merchandise without written objection for more than seven (7) days after delivery, shall constitute an unconditioned acceptance of same by the BUYER and thereafter no allowance shall be made nor any claims nor liability of any kind against SELLER shall survive for any cause whatsoever. If within seven (7) days after delivery, BUYER notifies seller in writing of a claim or defect, BUYER shall then, together with his notice of claim offer Seller in writing an appropriate opportunity for the SELLER and the manufacturer to examine and cure the merchandise and/or defect. Failure to make such offer and afford such opportunity to inspect and cure shall constitute unconditional acceptance of the merchandise and waiver of all claims. SELLER’S LIABILITY WITH RESPECT TO ANY GOODS DELIVERED TO AND ACCEPTED BY THE BUYER IS LIMITED TO REPLACEMENT OR REPAIR OF DEFECTIVE GOODS WHICH SHALL BE RETURNED AT BUYER’S EXPENSE TO SELLER’S REPAIR FACILITY OR, AFTER RECEIPT OF THE GOODS BY SELLER AND AT THE OPTION OF THE SELLER TO REFUND THE PURCHASE PRICE WITHOUT FURTHER RESPONSIBILITY. THE SELLER SHALL NOT BE RESPONSIBLE FOR ANY OTHER DAMAGES, EITHER INCIDENTAL OR CONSEQUENTIAL.
19. Care of Merchandise. BUYER understands that merchandise purchased from SELLER is specially manufactured, and may require the services of fully trained and licensed experts to perform cleaning, maintenance and repair. SELLER can provide BUYER with the names of area experts to assist in the cleaning, maintenance and repair of fabric, upholstery, furniture, rugs, lighting and other types of merchandise upon request. Improper care of merchandise may result in irreparable harm to merchandise purchased.
20. Errors. All clerical errors made by SELLER are subject to correction. Hand written invoices with arithmetic errors shall be deemed clerical errors, and any additional amounts owing shall be immediately payable by BUYER to SELLER upon discovery of the error.
21. Payment by END CLIENT. Any payment made by BUYER which is actually drawn on the bank account or the credit card of the BUYER’S client ( “END CLIENT” ) shall be credited to the BUYER’S account if, and only if, accepted by SELLER. SELLER reserves the right to reject any payment offered by the END CLIENT and demand that the BUYER remit payment from its own bank account or credit card. Acceptance of any END CLIENT payment shall in no way create any direct relationship between SELLER and END CLIENT; the END CLIENT shall be deemed to be the BUYER’S agent. BUYER hereby agrees to hold harmless and indemnify SELLER against any and all claims made by the END CLIENT against the SELLER arising from the acceptance of any END CLIENT payment or by reason of this Agreement.
22. BUYER as company. In the event that the BUYER is an entity other than an individual, the person acting on behalf of the BUYER shall be deemed an agent of the BUYER with the authority to bind the BUYER. In the event that the BUYER fails to satisfy any of its obligations contained in this Agreement, the individual person acting on behalf of the BUYER agrees to be personally bound as if they were in fact the individual BUYER.
23. Other Payments. Any checks or payments, whether full or partial, received from or for the account of BUYER, regardless of writings, legends or notations on such checks or payments, or regardless of other writings, statements or documents, may be applied against the amount owing by BUYER, without an accord and satisfaction of BUYER’S liability. Until the consideration as herein provided has been paid, lien or liens provided by the laws of the State of New York are hereby expressly created, granted and conveyed to SELLER on the subject property to secure payment thereof and title to all chattels is expressly reserved.
24. Failure to Promptly Furnish Resale Information. SELLER retains the unilateral right to collect sales tax from BUYER after the date of sale if SELLER determines that BUYER failed to properly disclose both a valid resale number and the true nature of its business within 90 days from the date of sale.
25. Force Majeure. The Delivery Date, as specified in Para 7 of this SALES AGREEMENT, shall be extended by a reasonable time if performance is delayed by reason of any cause whatsoever beyond the SELLER’S reasonable control, including, but not limited to, war hostilities (declared or not), riot, civil commotion, domestic or international terrorism, strikes, lockouts, labor disputes, epidemics, fire, accidents, breakdown, traffic congestion, prior commitments or other obligations, late or non-delivery by a contracted carrier or other reason.
26. Notices. Notices to the SELLER relating to this SALES AGREEMENT shall be made in writing and shall be sent to the intended recipient by registered mail, return receipt requested, or by electronically receipted facsimile transmission (acknowledged in like manner by the intended recipient) at the address obtainable on request by e-mail.
27. Language. English shall be the language of this SALES AGREEMENT. BUYER waives any right to use and rely upon any other language or translations. Translations of this SALES AGREEMENT may be presented in languages other than English ( “ NON-ENGLISH TRANSLATION SALES AGREEMENT” ) for the convenience of BUYER. BUYER specifically agrees that the English-language version of this SALES AGREEMENT shall control in the event of any inconsistency between the SALES AGREEMENT and the NON-ENGLISH TRANSLATION SALES AGREEMENT.
28. Binding Nature of Agreement. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, successors and assigns.
29. Entire Agreement. All promises, understandings, or agreements, of any kind pertaining to this purchase, or to this Agreement, not contained herein, are hereby expressly waived; and this instrument shall constitute the entire agreement between the parties hereto.
30. Modification and Waiver. No modification of this Agreement shall be binding unless in writing and signed by the party to be charged with such change of modification. This provision cannot be waived. No waiver by either party of any default shall be deemed a waiver of any subsequent default. There are no other options, warranties (express or implied) or conditions (express or implied), statutory or otherwise, except those specifically contained herein.
31. Severability. If any provision of this SALES AGREEMENT shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions.
32. Arbitration. This Agreement shall be governed by the laws of the State of New York, excluding its rules of conflict of law. Any dispute, controversy or claim arising out of or relating to this contract, or any breach thereof, or the merchandise it covers or the transaction contemplated between SELLER and BUYER herein, shall be settled in accordance with the rules of the American Arbitration Association. Such arbitration shall be commenced and shall take place in Stamford, Connecticut. The party initiating arbitration will pay the initial filing fee. The arbitrator shall be someone with experience in the home furnishings industry. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees. “Costs and fees” mean all reasonable award expenses of the arbitration, including arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. Except as required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Judgment upon any award rendered may be entered in any court of competent jurisdiction in the State of New York.