SALES | TERMS & CONDITIONS
Here are the main points, but further details can be found if you keep reading. If you have any questions, please don't hesitate to ask:
PAYMENT SCHEDULE (refer to 5.0 Deposit and Final Payment)
50% non-refundable deposit to confirm the order.
50% due upon project completion, prior to delivery/pickup of the Furniture unless otherwise arranged.
Any adjustments to these payment terms must be agreed on prior to order acceptance.
In the event that House of Alpine is unable to complete the project as outlined in the Purchase Invoice, a refund of the 50% Deposit will be issued.
DELIVERY + PICKUP (refer to 8.0 Supply of Furniture)
Unless specified all House of Alpine Invoices exclude delivery/installation. House of Alpine can arrange delivery/installation for an additional cost depending on item size, weight, and delivery distance. Alternatively, you can arrange pickup of your item from the House of Alpine premises at no additional charge; 4520 S. Navajo St, Suite H, Englewood, CO 80110.
Please note by picking up from us you are taking full responsibility for the product and must have appropriate ropes, tarps, blankets, and vehicle/s. It is not our responsibility to provide these.
House of Alpine sales orders generally have a lead time of 8-12 weeks from the date of receiving the deposit, unless otherwise specified. Whilst this might seem like a long time please remember that you are getting a one-of-a-kind, handmade product. Upon order confirmation House of Alpine will be able to give you an estimated delivery date.
House of Alpine Ltd. Terms & Conditions of Sale
The below terms and conditions of sale refers to House of Alpine Ltd. ID# 20161457952 of 4520 S. Navajo St, Suite H, Englewood, CO 80110 and the individual, company or corporation or agency who wishes to purchase a custom piece of furniture (‘Furniture’) from House of Alpine as named in the Purchase Invoice (‘Buyer’).
House of Alpine will consult with the Buyer to obtain details about the Furniture to be designed and produced by House of Alpine to the Buyer’s specifications.
Once House of Alpine has the necessary information from the Buyer (eg. image ideas, dimensions and any other information relevant to the Buyer’s request), the Buyer will be given a price guide and House of Alpine will consult with the Buyer to prepare any necessary drawings in respect of the Furniture.
Unless otherwise specified, all products are for indoor use only.
The Buyer acknowledges and agrees that timber, and in particular recycled timber, can vary in color, and the color of the Furniture you are purchasing may not match samples shown to the Buyer at the time of consultation.
The Buyer further acknowledges and agrees that it is their responsibility to maintain the Furniture (eg. cleaning and conditioning) to avoid discoloration and minimize wear and tear.
2.0 Purchase Invoice
Following on from the consultation, House of Alpine will prepare a formal invoice, including price, details of the Furniture, lead times together with other key terms (Purchase Invoice).
A Purchase Invoice is valid for a period of 30 days of the date of issue.
For the avoidance of doubt, Purchase Invoice includes any variation Purchase Invoice agreed and accepted by House of Alpine in accordance with these terms and conditions.
The acceptance of the Purchase Invoice (whether Purchase Invoice acceptance is oral or written) will be deemed as acceptance of these terms and conditions and form a contract between House of Alpine and the Buyer (‘Agreement’).
House of Alpine rejects any other terms proposed by the Buyer not agreed by House of Alpine and expressly incorporated in these terms and conditions.
Additional Furniture provided to the Buyer or changes to the design of the Furniture the subject of the Purchase Invoice, which is not outlined in the Purchase Invoice will be deemed a variation of the Agreement and is subject to the written consent of House of Alpine, which may be withheld in its absolute discretion.
For the avoidance of doubt, House of Alpine is not required to accommodate any requests for changes to the design of the Furniture the subject of the Purchase Invoice once manufacture of the Furniture has commenced. Should the Buyer decide not to proceed with the purchase of Furniture for this reason, cancellation fees will apply as set out herein.
The Buyer acknowledges and agrees that any changes to the design of the Furniture the subject of the Purchase Invoice requested by the Buyer may result in an increase to the price and/or lead time in respect of the Furniture.
Where House of Alpine agrees to any variations, a revised Purchase Invoice will be sent to the Buyer for the additional Furniture and all variation prices must be agreed to by the Buyer prior to the Furniture being delivered.
5.0 Deposit and Final Payment
A 50% non-refundable deposit is payable by the Buyer upon acceptance of the Purchase Invoice, a signed copy of which must be returned to House of Alpine at the time of payment of the non-refundable deposit.
Full payment by either cash or credit card is required prior to delivery of the Furniture.
The Buyer will pay the remaining 50% of the Purchase Invoice upon completion of the Furniture, prior to delivery/pick-up. House of Alpine will provide the Buyer with 5 days notice of delivery of the Furniture.
6.0 Cancellation of Order
House of Alpine does not refund or exchange if you change your mind. In the event that the Buyer does not wish to proceed with the purchase of the Furniture prior to the commencement of manufacture, the Buyer will forfeit the non-refundable deposit.
If the Buyer cancels the Purchase Invoice after the commencement of the manufacture of the Furniture, the Buyer agrees to pay a cancellation fee up to 75% of the Purchase Invoice at House of Alpine’s discretion. The Buyer acknowledges and agrees that this figure is a genuine pre-estimate of the loss likely to be suffered by House of Alpine in the event the Buyer cancels the Purchase Invoice after the commencement of the manufacture of the Furniture.
House of Alpine warrants that the Furniture will be free from defects, in good working order and fit for the purpose for which that type of furniture is commonly supplied.
House of Alpine takes no responsibility and does not give any warranty with respect to the suitability of the Furniture for a Buyer’s individual purposes.
It is the Buyer’s responsibility to inspect the Furniture upon delivery/pick-up to ensure that the Furniture is free from defects and in good working order. Acceptance of delivery/pick-up of the Furniture will be taken as confirmation that the furniture is in acceptable condition. Any issues or concerns with the Furniture must be expressed within 24 hours of accepting the Furniture.
For longevity of the piece we recommend keeping out of direct/reflective sunlight as well as in contact with moisture/liquid. Furniture should be placed where it is protected from outdoor elements (unless advertised as outdoor furniture).
Client understands that woodworking is an art, not a science, using natural, not manufactured, raw materials. Although House of Alpine will
make reasonable efforts to construct finished work so that grains appear to be symmetrical or otherwise aesthetically pleasing, House of Alpine cannot (and will not) be responsible for imperfections in the wood or grain, asymmetry of grain, discontinuous shading, or visibility of joints and seams. Wood is generally sensitive to light (some woods more so than others) and particularly to ultraviolet radiation. House of Alpine cannot (and will not) be responsible for changes of wood color and shading over a period of time resulting from exposure to light.
Wood is somewhat sensitive to fluctuations in ambient humidity. Client must specify when work is to be done for use in environments where the
humidity is regularly in excess of 75% or below 45%. Exposure to humidity levels greater than 80% or lower than 40% can be expected, over a period
of time, to result in changes to the wood dimensions. Changes can be delayed or minimized by finishes or other preparation of the wood. House of
Alpine is not responsible for cracking, warping, buckling, twisting or other distortion of wood resulting from exposure to high or low humidity levels. When high humidity or low humidity environments are specified, House of Alpine will attempt to prepare or finish the wood in such a manner as to minimize or delay the effect of the high or low humidity level environment. AFTER DELIVERY TO CLIENT, HOUSE OF ALPINE SHALL NOT BE
RESPONSIBLE FOR DAMAGES RESULTING FROM EXPOSURE OF THE WOOD TO WATER, SUNLIGHT, HUMIDITY, CHEMICALS, OR OTHER EXTERNAL FACTORS.
8.0 Supply of Furniture
A Buyer may elect to collect the Furniture or have the Furniture delivered by House of Alpine (or its authorized agents). Details of the supply of Furniture (including any additional charges for delivery facilitated by House of Alpine) are set out in the Purchase Invoice.
A delivery docket will be provided to the Buyer upon collection or delivery of the Furniture by or to the Buyer. The Buyer must sign the delivery docket prior to any Furniture being released by House of Alpine into the custody of the Buyer (or its authorized nominee).
If the Buyer as named in the Purchase Invoice is not present at the time of the delivery, it is the Buyer’s responsibility to authorize a nominee to sign for the Furniture.
House of Alpine will endeavor to effect delivery of the Furniture at the times indicated by the Buyer but will not be liable for any delay in delivery or for a failure to deliver under any circumstances. House of Alpine reserves the right at any times to refuse any carrier of the Buyer.
House of Alpine or the arranged delivery company has been contracted to perform the delivery service to one room of choice at the delivery address. If the delivery cannot be made to this room, the transporters will place your products in an alternate room at the same address. Please make sure there is adequate access and space to complete the delivery – prior to delivery ensure that there is adequate room to make the delivery considering door frames, hallways, staircases and elevators. House of Alpine is not responsible for failure of delivery due to limited or obstructed access resulting in failure to fit or deliver to a specified location not communicated at time of purchase.
Where the Buyer elects to collect the Furniture from House of Alpine’s premises, House of Alpine will confirm the date and time for collection with the Buyer.
Title and risk in the products, such as loss and damage, pass to the Buyer on delivery or collection of the Furniture, as the case may be.
10.0 Indemnity and Limitation of Liability
House of Alpine shall not be liable to refund a Buyer should they cancel the Purchase Invoice for reasons of variations in the color or grain of timber used in the Furniture manufactured for a Buyer from those samples shown at the time of consultation with the Buyer.
All guarantees, terms, conditions, warranties, undertakings or representations express of implied in any way relating to this Agreement are excluded to the maximum extent permitted by law. Notwithstanding this, nothing in this Agreement restricts or modifies any right or remedy including any guaranteed imposed or implied under the FTC Consumer Law (if applicable) which contains guarantees to protect consumers of certain goods and services.
To the extent that House of Alpine is able to determine the same our liability for breach is limited to (at our sole discretion) the repair or replacement of the Furniture or a refund of the price paid by the Buyer for the Furniture.
Save for any liability that House of Alpine may not exclude, to the maximum extent permitted by law, our liability for all claims arising under this Agreement, whether in contract, tort (including without limitation negligence), equity, under statute, under an indemnity, or on any other basis, is limited to an amount equal to the Purchase Invoice paid by the Buyer.
Subject to the provision of this Clause, House of Alpine is not liable for any consequential, indirect of special loss or damage, loss of profits, loss of business, business interruption, cost or amount that the Buyer is liable for arising out of any loss suffered by third parties under or relating to this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
The Buyer must indemnify House of Alpine against all liability, claims, damage, loss, cost and expended (including, without limitation, legal fees, costs and disbursements, on a full indemnity basis) whether incurred against or by House of Alpine in respect of:
damage to tangible property; or
a claim by a third party, in respect of the use of the Furniture.
To the extent that House of Alpine’s loss is cause by its negligence, the Buyer’s liability is diminished.
11.0 Force Majeure
House of Alpine will not be liable for the consequence of any circumstance reasonably beyond House of Alpine’s control, which affects its obligations under this Agreement.
A provision of or right created under this Agreement will not be waived by House of Alpine or varied except in writing signed by an authorized representative of House of Alpine.
A waiver by House of Alpine of a provision will not waive any other provision of this Agreement or constitute a continuing waiver unless expressly provided.
If a provision or right or remedy of a party under this Agreement is void or unenforceable for any reason, then that part will be read down or severed from this agreement without affecting the validity or enforcement of the remaining provisions.
The Buyer is not entitled to set off against or deduct from the price any sums owed or claimed to be owed to you by House of Alpine.
The description, illustration and performance of any product contained in our catalogue, marketing material, price list or advertising does not form part of this agreement unless expressly set out in this agreement.
House of Alpine may complete any blanks on any Purchase Invoice on the Buyer’s behalf.
13.0 Intellectual Property
The Buyer acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of House of Alpine.
The Buyer must not knowingly allow any intellectual property belonging to House of Alpine to be reverse engineered, or copied or breached in any other manner. House of Alpine may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of House of Alpine’s intellectual