TERMS & CONDITIONS
1. Returns, Exchanges, and Cancellations
3. Special Orders and Custom Orders and Goods
NATIVA cannot accept returns on custom built, cut, assembled, or sewn merchandise or items as these are built according to customer specifications and cannot be sold by NATIVA to a different customer. You specifically acknowledge that unless your order is canceled as above, you are responsible for the entire cost of your purchase of custom merchandise that is designed for your exact specifications.
4. Shipping and Delivery
Standard delivery time is 12-16 weeks, but is subject to change and cannot be guaranteed. Due to the increase in US Customs security, delivery time could be negatively affected by an additional 4 weeks and is outside the control of NATIVA. We will endeavor to keep you informed on the progress of your order. Delivery is subject to reasonable and safe access. Hoisting and any other extraordinary measures necessary to accomplish delivery are at your risk and any additional cost must be paid by you at or before the time of delivery. A minimum re-delivery fee of $100.00 will be charged to you (i.e., the original credit card used for the purchase) if, after a delivery is scheduled with you, you are not at home, unable to, or do not accept a scheduled delivery and a second delivery trip is required. A storage fee of 2% per month of the total order amount will be charged to you (i.e., the original credit card used for the purchase) if delivery is not accepted within thirty (30) days after notice of availability of merchandise for delivery. If you fail to accept delivery for ninety (90) days after notice of availability of merchandise for delivery, at NATIVA’s sole option and at any time thereafter, we will cancel your order and (1) if the merchandise is an in stock item, your deposit will be refunded less a 35% restocking fee, or (2) if the merchandise was special ordered for you or a custom order, YOU FORFEIT YOUR DEPOSIT TO NATIVA AND WAIVE ALL INTERESTS IN THE MERCHANDISE. NATIVA HOME DELIVERY ~ For deliveries in our “local” delivery area, which is within 40 miles from our warehouse, we ensure that your merchandise will arrive in your home safely and in a timely manner. Once your merchandise arrives in our warehouse, our warehouse manager will contact you to arrange delivery. The NATIVA delivery service includes a team of trained professionals who will assemble merchandise if needed and place furniture in desired room(s). If you need to change your delivery date, please contact one of our stores no later than 2 days prior to the established date. SHIP-OUTS ~ For deliveries outside our “local” delivery area, NATIVA uses outside shipping companies experienced in furniture delivery. All shipments are paid in full before leaving our warehouse. Shipping claims must be settled with the delivering carrier by you. NATIVA will assist you with necessary documentation to support your claim. You, as the co-signee, must inspect shipments upon receipt and document any damages on shipping paperwork, and preferably capture with digital images. Do not sign for and accept receipt in good condition without first inspecting your merchandise, as you agree to accept the merchandise in the condition received and waive all claims against NATIVA. Upon shipment arrival in your area, the outside shipping company will contact you to schedule final delivery. FITTING IN YOUR HOME ~ For local clients, our design consultants will work with you to ensure that you have selected the appropriately scaled pieces for your home, office, or place of business. For clients outside our trading area or who elect not to consult with NATIVA, the client is responsible for ensuring that furniture will fit not only in the desired room, but also through doorways, elevators, or stairways. Outside shipping drivers will NOT take furniture back to our warehouse that does not fit in your home or office and merchandise may not be returned for this reason. CUSTOMER PICK-UPS ~ You may pick up your merchandise at our warehouse facility in San Diego County when arrangements have been made in advance. You are responsible for bringing blankets and ropes to protect and secure your purchases in or on your vehicle. Make sure your vehicle is large enough to hold your purchase. You are solely responsible for the safe transportation of merchandise. NATIVA does not claim responsibility for damages occurring to any items picked up at any NATIVA location. MERCHANDISE AVAILABILITY ~ We make every effort to stock our merchandise so you can receive your order as soon as possible. Occasionally, we may experience vendor delays. In the event of a delay, we will keep you informed on the progress of your order..
5. Warranty Coverage and Exclusions
Our products are warranted to be free from material defects in workmanship, materials, and construction. Wood products have a limited lifetime warranty from cracking, and all other products have a limited three year warranty, unless otherwise noted herein and subject to the warranty coverage exclusions and details noted below. Wood/veneer species, product composition, and manufacturing techniques vary by product and may change over time without notice. Wood products are materially affected by the environment you keep them in, such as exposure to light. Our products are not warranted against normal wear and tear, damage resulting from improper use, accidents, abuse, neglect, or damage or appearance changes resulting from improper care or storage. This warranty does not cover the effects of extreme high/low humidity. This warranty will cover expansion and contraction of wood for a period of five (5) years from the date of purchase as long as the furniture is not moved from the address noted on the front of this agreement. Wood furniture will have natural variation in grain and color, and inherent characteristics such as knots, mineral streaks, and pitch pockets, which are not considered quality defects or warranted. This warranty does not cover darkening or lightening of wood, which occurs naturally with age or exposure to light or other elements. Because many of our products are hand crafted and made with natural materials, variations in size, shape, and color can be expected. Because of the craftsmanship and/or the use of natural materials in NATIVA products, minor variations will occur from piece to piece. These warranties do not cover such minor variations or differences between floor samples, swatches, or printed illustrations and your item(s). On any metal finishes, this warranty does not cover rust or tarnishing resulting from scratches or abrasions to finish, or changes in patina, as it is a living finish that mellows with age. This warranty does not cover stains or changes in color/texture. Natural variations in both color and veining are to be expected. In any glass pieces, small air bubbles, surface waviness, and lightly pitted areas may occur naturally during glass manufacture and are not considered quality defects or warranted. This warranty does not cover normal compression of filling materials or wrinkling, fading, pilling, or stains. Any customer applied stain protection treatment voids this warranty. Our fabrics are warranted to be free from manufacturing defects, seam slippage, fraying, and dye transfer for one year. This warranty does not cover natural markings or color change due to body oils or soil. Our leathers are warranted to be free from manufacturing defects, seam slippage, dye transfer, and splitting for one year. This warranty does not cover loss of resiliency, loft, or crown, which may compress from use. NATIVA warranties do not cover products sold “as is” or purchased from a source other than NATIVA. Any product modification voids this warranty. Some states do not allow the exclusions and limitations on incidental and consequential damages or the limitations on implied warranties, so the described limitations may not apply to you. However, proper care and use are essential for preserving your rights under this warranty. This warranty is valid only in the contiguous United States on products purchased after 01/01/10. All warranties are to the original purchaser accompanied by a sales receipt. Merchandise you purchase that NATIVA acquires from third parties may come with its own warranty, limitations, and disclaimers. If a product sold to you contains a third party warranty, limitation, or disclaimer, the warranties contained in this agreement will not apply and the third party warranty shall be your sole remedy. THE REMEDIES PROVIDED IN THIS CONTRACT ARE EXCLUSIVE AND, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ARE IN LIEU OF ALL OTHER REMEDIES, WARRANTIES, OR REPRESENTATIONS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS AND LIABILITIES, WHETHER IN CONTRACT OR IN TORT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED HEREIN. IN NO EVENT SHALL NATIVA BE LIABLE FOR SPECIAL OR CONSEQUENTIAL OR OTHER DAMAGES.
6. Important Information for California Customers Regarding Proposition 65
As with many fine crystal items, some NATIVA accessory items are made of leaded crystal and therefore contain lead. To comply with the requirements of Proposition 65, State of California, these items carry a warning label “This product contains lead, a chemical known to the State of California to cause birth defects or other reproductive harm. Wash hands after handling.”[/vc_column_text][/vc_tta_section][vc_tta_section title=”7. Legal and Other Terms” tab_id=”1507638474463-fa4c893c-d924″][vc_column_text]NATIVA may update or modify these Terms and Conditions at any time and without prior notice. For this reason, you should review these Terms and Conditions each time you purchase products from us. Any action relating to your purchase from NATIVA must be brought in the state or federal courts located in the State of California, San Diego County. Certain names are proprietary and are owned by NATIVA as registered service marks or trademarks. This material is protected under copyright by NATIVA with all rights reserved. Returned checks are subject to a $25 fee. This contract contains the parties entire contract and may not be superseded unless agreed to in writing by each party. If any term of this contract is invalid or unenforceable, the remainder shall be enforced.