Sales, Delivery & Payment Terms


TERMS AND CONDITIONS OF SALE, DELIVERY AND PAYMENT

 

ACCEPTANCE OF TERMS AND CONDITIONS: These Terms and Conditions of Sale and Delivery (“Agreement“) govern all sales and deliveries by Urban Ville Inc., acting as Bunakara US National Importer for sales shipped to the United States of America, and/or by Joana Aranha, Arquitectura e Design de Interiores, Lda., acting as Bunakara seller for sales shipped to any other territories (in either case, “Bunakara” or “we”) to the customer (“Buyer” or “you”). All other terms and conditions, including, without limitation, those terms and conditions contained in any purchase order(s) which are different from, in addition to, conflict with, or that vary the terms hereof shall not be binding unless specifically accepted in writing.

Please read this Agreement carefully before ordering any products and if you unable to accept this Agreement please understand you should not be able to submit and order. By ordering, please understand that you agree to be bound by this Agreement. Please make sure you ask for any variations from this Agreement to be confirmed in writing before ordering.

Your order constitutes an offer to us to buy our products and services linked to buying the products (“Order”). All Orders are subject to acceptance by us. We reserve the right to accept or decline the Orders at our sole discretion. We will confirm our acceptance of your Order by sending you an electronic confirmation of our acceptance (“Order Confirmation”). The contract between us will only be formed when we send you our Order Confirmation.

We have the right to revise and amend this Agreement from time to time, including but not limited to reflect changes in market conditions affecting our business, relevant laws and regulatory requirements. You will be subject to the policies and terms in force at the time we confirm your Order by sending you our Order Confirmation, unless any change to those polices or these terms is required by law or government or regulatory authority (in which case, it will apply to Orders you have previously placed and that we have already confirmed but have not yet fulfilled).

 

RETAILERS & PROFESSIONAL DESIGNERS ONLY: By submitting an Order you are warranting that (i) you are legally capable of entering into binding contracts; (ii) you are a valid retail business or a professional designer (interior designer, architect), (iii) you are making wholesale tax-exempt purchases for resale, and (v) you agree to be bound by this Agreement.

 

PRICING: Prices of our goods are applied according the scale/category of the clients:

Level 1 – Non Stocking Dealer Pricing (DP) is available to shops, boutiques and professional customers i.e., interior designers and architects, as well as for one-time project orders. Requires an opening order of $500 with a minimum reorder of $200.

Level 2 – Stocking Dealer Pricing (SDP) is available to wholesalers, shops and stores and requires an opening order of $2,500 with a minimum reorder of $500.

All our prices are FOB Hickory, NC 28602 and actual freight will be applied to the destination. Freight charges may be added to your invoice prior to shipping.

In special circumstances of extraordinary Order’s volume special prices can be fixed by Bunakara.

All our prices are exclusive of taxes and duties applicable to the sale, shipment and export/ import of our goods, including but not limited to sales tax, VAT, custom duties, tariffs and administrative fees charged by any taxing authority (“Taxes”), which cost shall be borne by you. Taxes which must be delivered to the relevant taxing authority by Bunakara will be added to your invoice and paid by you to Bunakara. All other Taxes shall be delivered to the relevant taxing authority by you.

The prices of our goods, Taxes and shipping and services costs may be subject to changes at any time, but changes, other than changes in the Taxes resulting from applicable law, will not affect Orders in respect of which we have already sent you and Order Confirmation.

 

PAYMENT: With the Order, a 50% deposit is required, using bank transfers or valid Visa, MasterCard or American Express credit card. Upholstery deposits are non-transferable and non-refundable.

The total balance due for the purchase of our goods, plus shipping and services costs and Taxes, will be due and payable prior to shipment. Shipping quotes will be provided when Orders are ready to ship. If any amount (including shipping and services costs and Taxes) is paid by us, you shall refund us as a condition precedent to the delivery of goods.

Each Order from customers will generate a proforma invoice and the Order will be only considered after the confirmation of the first payment and upon issuance of our Order Confirmation, in accordance with our delivery and payment terms.

 

SHIPPING & DELIVERY: When you place an Order, we will give you an estimated completion date. When your Order is nearing completion, we will notify you on the estimated shipment date.

We encourage you to count all packages and sign only for the exact number of packages received, and inspect all items for damage prior to signing. Please understand that signature of receipt by you, your representative, agent or employee constitutes full acceptance and confirmation that all packages stated on the bill of lading or electronic clipboard were delivered and are in perfect and undamaged condition. You are responsible for all shipping and return charges for any shipment that is refused.

You agree that we will deliver to the shipping address stated in the Order. Should you wish to change the shipping address from the address stated in the Order then you must notify Bunakara in writing and have obtained our agreement also in writing to the change in the shipping address prior to any delivery taking place. You also agree that the shipping address stated in the Orders or otherwise provided to Bunakara under the terms of this Agreement is a valid shipping address for your retail business. We will not “drop ship” to your customer(s). Delivery may occur in multiple lots depending upon availability of the products constituting an Order. Items which you prefer we ship together must be noted in writing at the time you place your Order. All orders must go to a business or receiving warehouse because we do not drop-ship to residences.

Time stated in any quotation is a commercial estimate only and, therefore, cannot be guaranteed. Whilst Bunakara will make all efforts to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control. We shall not be liable for delay in shipment and/or delivery for any cause, nor shall any delay entitle you to cancel any Order after it has been shipped or to refuse delivery, except if it is evidenced that we have caused the delay in shipment and/or delivery by wilful misconduct or gross negligence.

 

RETURN OF GOODS: Total satisfaction is what we are after. Bunakara stands behind our product and wants you to be fully satisfied with every item you’ve purchased. If you’re not happy with the product you’ve received Bunakara accepts the return of new and unused purchases within 30 days from the date of shipment under the terms of this Agreement. Nevertheless, each return requires a Return Merchandise Authorization (“RMA”) number. A RMA can be obtained from Bunakara Customer Service at www.bunakara.com. Please understand that returns received by Bunakara without a RMA number will not be accepted. Returned products must be in or with original packaging and in resalable condition. Bunakara cannot accept a return with any indication that it has been used or handled in such a manner that prevents Bunakara from reselling the product. All return shipping charges must be prepaid. Bunakara will not accept C.O.D deliveries. For your protection, we recommend using UPS or FedEx Ground for your return of textiles and our recommended freight carriers for furniture. Please keep the tracking number from your return shipment to ensure that the package is delivered to our warehouse. Returns should be sent to the following address:

Buunakara

Returns Department

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All returns and exchanges are subject to approval. Bunakara reserves the right to inspect and return product to you if it is not acceptable. Unaccepted returns will be shipped back to you with a letter stating our reason for your denied claim.

Once your return is received, reviewed and accepted, you can expect a refund within 30 days. Refunds within the 30 days will be credited back in the original form of payment. As a general rule, shipping and services costs, Taxes and/or other applicable charges will not be refunded. Shipping costs will only be refunded if the return is a result of a manufacturer error or a shipping error on our part.

 

CHANGE OR Cancelation: As soon as your Order is placed, our delivery process begins. To change or cancel an Order, please note that the sooner we receive a request, the faster we can revise your Order. Please contact us at the address info@bunakara.com or go to “Contact Us” link at www.bunakara.com. We will make our best efforts to accommodate your request and to send you an email confirming the canceled order or items, of a canceled Order. If the product has already been shipped, you may return it under our return policy according to the terms and conditions set forth in this Agreement.

 

LIABILITY:

 

EVENTS OUTSIDE OUR CONTROL: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, piracy, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) inclement weather, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event. Should the Force Majeure Event continue for a period of more than 3 months then either party will have the right to terminate any relationship that exists between us forthwith without any further liability to the other party apart from providing you with a refund if you have not received the goods and have paid for them.

 

INTELLECTUAL PROPERTY RIGHTS: All information concerning Bunakara’s products, including photos, sales materials or product design is subject to trademark, service mark, trade dress, copyright and other intellectual property rights held by Bunakara. You may not copy, reproduce, modify, publish, distribute, transmit, transfer, reprint, post on the internet or create derivative works from such information. Furthermore, you will be responsible for any legal fees associated with disputes arising from copyright infringements, which are not associated with a direct retail sale.

 

PRODUCTS: Bunakara will make every effort to ensure the accuracy of pricing and product information, but in the event of an inaccuracy, Bunakara shall have the right to cancel any Orders placed for products listed at an incorrect price or containing other incorrect information.

Your Order will be supplied in accordance with the instructions and specification as detailed in our Order Confirmation. Every effort will be made to match specifications, including colours and finishes. Nevertheless, all products are purchased and supplied on the understanding that there may be slight variations. Occasionally we may supply products with minor differences in specification due to circumstances beyond our reasonable control.

Availability of all items requested is not guaranteed. Measurements and photos are approximations only. Any photographs, models, samples, drawings, sizes and/or product description or advertising we issue, and any illustrations contained in our catalogues, brochures, emails or on our website are produced solely to provide you with an approximate idea of the products they describe and/or are representative of the finished product. All products are manufactured within the standard industry measurement tolerances.

 

TITLE AND RISK: Until we receive payment in full of all sums due for the goods, including but not limited to the purchase price, shipping and services costs and Taxes, goods remain the property of Bunakara.

 

PRIVACY: You will find information on how we process your personal data by clicking on Privacy Policy. For further information on our Privacy Policy you can contact through our “Contact Us” link at www.bunakara.com or you can always send us an email to info@bunakara.com.

 

GOVERNING LAW/JURISDICTION: This Agreement will be governed by the laws of the State of New York for the sales shipped to the United States of America. On the other hand, for the sales shipped to any other territories, this Agreement shall be governed by the laws of Portugal.

Any and all costs and fees, including attorneys’ fees, shall be reimbursed to the prevailing party by the other party upon demand by the prevailing party.

 

MISCELLANEOUS: Should any provision of this Agreement be determined to be illegal, invalid or unenforceable, the remaining provisions shall not be affected by this illegal, invalid or unenforceable provision and the parties shall undertake to renegotiate, modify, amend or delete the said illegal, invalid or unenforceable provision in order to give the fullest effect to the terms of this Agreement in accordance with the governing laws.

Neither party may assign this Agreement without the written consent of the other party. Nevertheless, Urban Ville Inc and Joana Aranha, Arquitectura e Design de Interiores, Lda. are hereby authorized to assign this Agreement to a company in which their principals hold, directly or indirectly, any shareholding.

 

Entire Agreement and MODIFICATION: This Agreement, the Order and the Order Confirmation constitute the entire agreement of the parties with respect to the terms and conditions of sale, delivery and payment.

No modification of this Agreement shall be binding upon the parties unless in writing and signed by an authorised agent of Bunakara.

 

CARE OF CUSTOMER: For any information or claims, Bunakara can be contacted via email, at the address info@bunakara.com. For further information, go to “Contact Us” link at www.bunakara.com.