These Terms and Conditions are intended to define the rules applicable to the sale of concrete and wood furniture (hereafter “the Product(s)”) on the website https://designsbyrudy.com (hereafter “the Site”), between Designs by Rudy Inc. (hereafter the “Supplier”) US based Illinois S Corporation and any adult person (hereafter “the Customer”), who has the legal capacity to contract, exclusively residing in countries to which Designs by Rudy Inc. delivers and who purchases the Product(s) on the Site.
The Customer declares that he/she has the legal capacity to contract or has a parental authorization allowing him/her to make orders freely on the Site.
These Terms of Sale (hereafter the “Terms of Sale”) govern the sale of the Product(s) on the Site without restrictions. The Terms of Sale applicable to each order are those in effect on the date of the Customer’s order.
Any order on the Site implies that the Customer has fully accepted the Terms of Sale in force at the time the order is placed.
Under these terms, it is agreed that the Customer and the Supplier shall be collectively referred to as the ‘Parties’ and individually as a “Party”.
These Terms of Sale are intended to define the terms and conditions in which the Products are sold by the Supplier.
The Products available for sale by the Designs by Rudy Inc. are those which appear on the Site on the day of the Customer visit. Each Product has a description which contains: the price, a photograph (or multiple photographs), sometimes a promotional video, the sizes, the materials and the specific characteristics of the Product.
The photographs and videos shown on the Site are those of the Product examples and are not contractually binding. It is physically impossible to replicate the patterns, blemishes and natural imperfections of the concrete’s finished surface. It is also impossible to replicate real wood grains wherever various wood species are used in the Products.
You are guaranteed to receive the Product that matches pictured Products shown on the Site:
- 100% in shape
- Very closely in color (colors on pictures are always slightly different)
- Entirely unique in surface patterns
The price of the Product(s) available for sale on the Site are shown in US dollars, exclusive of delivery costs.
Designs by Rudy Inc. reserves the right to change the prices at any time, but commits to apply the prices shown on the Site when the Customer makes the order.
The prices shown on the order, after it has been confirmed, will be recorded as such and shall be firm and final: if the price falls a few days after the order, the Supplier may under no circumstance compensate the Customer for the difference; if the price increases, the Supplier commits to deliver the Product at the price set on the day of the order.
The prices shall not take into account the cost of delivering the Product(s) to the Customer, which shall be mentioned and invoiced separately when the order is made.
The Customer will find details of the delivery costs on the transaction summary provided before the order is confirmed. These costs will be borne by the Customer and will be invoiced in addition to the sales price for the Product(s).
The Customer order process involves 6 steps.
- Product Selection
The Customer selects the Product(s) with its options and adds them to the shopping cart.
- Delivery Location
The Customer can check the contents of the shopping cart by clicking on “View Cart” or the cart image in order to view the order summary. The order (Product, quantity) can be modified, if desired. The Customer must fill in the delivery location in order to see the delivery costs and options; for some destinations, the customer will be asked to process his/her order, and at the same time contact the Supplier’s customer service department to determine the delivery costs (by phone at 1 (847) 281-5131 or by email: email@example.com).
- Completing Forms
The Customer should then fill in his/her contact details as well as the delivery and billing address. Fields marked with an asterisk (*) are mandatory; unless otherwise specified by the Customer, the billing address shall automatically be the same as the delivery address.
The order amount specifying both the price due for the Product(s) and the delivery costs, if they can be calculated, will then be shown in the summary.
- Acceptance of Terms
- Entering Payment Details
The Customer will then be redirected to the Site’s secure payment page.
Payment will take place online via a credit card, PayPal, or a direct bank deposit.
If the payment is accepted, the Customer will be redirected to an order confirmation page on the Site.
- Failing Payment
If payment fails, the Customer will be redirected to a screen informing him/her that payment has failed. The Customer can then contact the Supplier by calling 1(847) 281-5131 or by email at firstname.lastname@example.org to understand what the problem is and try to find a solution so that the order can be finalized.
As soon as the order has been accepted, the Customer will receive an order confirmation email, summarizing all the items ordered, along with the delivery and invoicing address.
The confirmation of the order by the Customer and the sending of an order confirmation email by the Supplier to the Customer, after payment acceptance, equate to a contract of sale between the Parties and acceptance of the Terms of Sale.
The Supplier reserves the right not to confirm the order, in the event of:
- Abnormal or abusive claims
- Abnormal quantities ordered
- Abnormal or abusive returns
- Outstanding claim with the Customer
A Designs by Rudy Inc. representative is available to answer any questions relating to the order at 1(847) 281-5131 or at email@example.com.
The majority of Products displayed on the Site are custom made based on your order details and handcrafted after the order has been placed. For all those Products and because the typical time frame for producing a concrete piece of furniture (excluding conference room tables – the time frame could be longer) is four to six (4 to 6) weeks, you will have 3 options of payment:
- 50% of the Product’s price at the time of purchase and the remaining balance (you will receive new payment link), plus shipping charges, once your piece of furniture is finished / before shipping. For not-listed / custom made furniture (except for the conference room tables), and furniture under $600.00, we require full payment at the time of purchase.
- 100% of the Product’s price plus shipping charges paid at the time of purchase – some of our clients prefer to make one-time payment. Any items marked “In Stock” require full payment at the time of purchase (Product price plus shipping charges).
- Some of the Products may be displayed and offered on pre-order basis only, in which case there will be “Notify me when available” option at the time of pre-ordering. Once available you will receive Product page link to review it and place your order.
If the payment fails in any of the scenarios listed above, if there is an incorrect address, or any other problem related to the Customer’s account, the Supplier reserves the right to block the Customer’s order until the problem is resolved.
Transactions on the Site are secured by PayPal and / or Braintree (A PayPal Company). The Customer’s Credit Card or Bank details are not retained.
The order confirmation will be recorded in the Supplier’s files, which are themselves held on reliable and durable media. The Customer accepts that the order confirmation is deemed proof that a contractual relationship exists between the Parties.
The typical lead time for concrete Products ordered from the Site is four to six (4 to 6) weeks. Shipping is scheduled immediately after the Product is fully cured.
The risks for loss or damage to the Products shall be transferred to the Customer AFTER the Products have been picked up by a carrier. Customer is required to purchase the insurance to cover the product while in transport.
The Supplier shall deliver the orders together with a delivery slip within the time period announced on the order confirmation. However, the delivery deadlines mentioned by the Supplier are the average shipping deadlines, which correspond to the time for handling and shipping the order.
These deadlines are not strict and the Supplier cannot be held liable in the event of late delivery. Any delays in manufacturing of the personalized Products may not in any way give rise to the order being cancelled or refunded or paying a penalty or damages to the Customer.
The Supplier accepts no liability for late or incorrect delivery due to Customer error when entering the address, at the time of placing the order. If any order is re-dispatched, this cost shall be invoiced to and borne by the Customer. The Supplier shall not be held liable for any late delivery due to problems attributable to shipping companies.
RECEIPT OF THE ORDER
Shipping risks shall be borne by the Customer. The Customer is free to choose the shipping carrier.
The Customer is required to check for Product conformity when the order is delivered. The shipping company must be notified of any anomaly concerning the delivery such as:
- Damaged packaging material
- Missing Product or its parts
- Damaged Product
The Customer must refuse the delivery if the goods are damaged, missing, or if the parcel has been opened or repackaged (except by customs authorities).
If an anomaly is detected, the Customer must inform the Supplier on the same day or within one business day after receipt of the order by e-mail at firstname.lastname@example.org.
No claims made later than 3 days as of the delivery, except for any hidden defects, shall be accepted, since the Products are then deemed to be compliant; in other words in good condition and delivered complete.
If a Product is lost during shipping, the claim shall be filled with insurance and/or the shipping company.
RETURNS AND REFUNDS
No returns shall be accepted without the prior consent of the Supplier. To obtain this consent, the Customer should exclusively contact the Supplier at the following address: email@example.com.
The following details will usually be required: precise contact details, Product description(s), reasons for returning the item(s) / pictures to help us understand those reasons, invoice or delivery slip number for the items described.
After acceptance, the Supplier will send the Customer a return slip including a number. The return slip must be printed and inserted inside the shipping container and the allocated number must be clearly visible on the parcel to ensure it is easily identifiable when delivered to the Supplier. The Products must also be returned with a copy of the invoice.
The Customer shall exclusively bear the shipping costs.
Once the Supplier has recorded the non-conformity, it will either offer to:
- Replace the Product(s),
- Refund the price of the Product(s) minus the delivery costs and non-compliant Product(s) customs duties paid by the Customer for the return delivery which shall remain at his/her expense.
RIGHT OF WITHDRAWAL FOR NON-PERSONALIZED / STANDARD SIZE PRODUCTS
Any Product personalized at the request of the Customer may not be refunded, once ordered. Personalized means designed specifically to the Customer’s specifications, such as (but not limited to) Product dimensions (if different from those provided in Product description on our webSite), customer’s logo embedded into the design, sub-standard materials requested by the Customer and used in the Product.
The Customer will have a period of fifteen (15) working days as from the delivery date of his/her order, to return the standard Product(s) ordered, without providing any reason or being subject to any penalty.
For any Product to be exchanged or refunded:
- The Customer must follow the procedure for returned goods.
- The Product(s) must be returned to the address which will be indicated on the return slip after receiving acceptance from the Supplier to return the Products.
- The Customer must include the return slip with the parcel addressed to the the Supplier. No return may be accepted without the return slip.
- The Products must be returned in their original packaging, with their label and any accessories, in perfect condition.
- The Customer shall exclusively bear the shipping costs.
Subject to the conditions mentioned above, the Supplier shall refund the amount of the Customer’s order, excluding the return shipping costs. The Customer’s credit card or bank account shall be credited for this amount within thirty (30) days from the date the Products were received by the Supplier.
Any Product ordered from the Supplier and exported outside of mainland USA by the Customer may potentially incur customs duties to be settled according to the legislation in force in the country concerned.
The import duties must be paid by the Customer and the Supplier cannot, under any circumstances, accept liability for these expenses.
The Supplier is not obliged to inform the Customer of the customs duties and taxes applicable and advises him/her to check with the state authorities in the country concerned.
CHOICE OF LAW AND FORUM
The TOS, transaction and contract between you and Designs by Rudy Inc. shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Designs by Rudy Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the Lake County, Illinois, United States.
PROP 65 WARNING
The Product(s) sold by Desings by Rudy Inc. may contain a chemical known to the State of California to cause cancer, birth defects or other reproductive harm.
If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect.
Last Edited on 2016-12-20