The following Terms and Conditions govern your purchase with Dmitriy & Co ("D&Co"). D&Co reserves the right to change these Terms at any time.
By issuance of a deposit, the client accepts the terms and conditions contained herein. These terms and conditions constitute the complete agreement between the Parties, and shall not be amended unless approved in writing by D&Co. D&Co's products are made-to-order. As such, an order is the controlling document with respect to the Parties' contractual obligations. The client is responsible for confirming all order details are accurate at order placement. Should the client wish to amend an order in any way, the client must alert D&Co within forty-eight (48) hours of payment. Failure to provide such notice will constitute acceptance of the terms contained in the original order.
All prices are FOB origin, valid for thirty (30) days and are subject to change without notification. A non-refundable 50% deposit is required at order placement. Payment in full, including taxes and fees, is required within fifteen (15) days from order completion and prior to pick-up. A finance service charge of the maximum permissible rate will be added to all accounts not paid within fifteen (15) days from the date of invoice for final balance due. Disputed charges may impact order production and resolutions can take up to ninety (90) days.
If the client fails to make payment or collection in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, D&Co may, at its option, cancel any portion of this order, retain the goods and declare a forfeiture of the deposit as liquidated damages. Additionally, D&Co reserves the right to alter the terms of future transactions with accounts in default
All taxes and excises of any nature whatsoever now or hereafter levied by governmental authority, whether federal, state or local, either directly or indirectly, upon the sale or transportation of any goods covered hereby shall be paid and borne by the client.
Lead times will commence upon receipt of all backed COM, are approximate, subject to change and will be confirmed per order. Clients will be advised of any changes and/or delays. D&Co shall not be liable for failure in performance for any reason beyond D&Co's control.
All quoted completion dates are estimated and are subject to change by D&Co upon written notice. D&Co shall not be liable for delays in completion for any reason of force majeure or for any cause beyond D&Co’s reasonable control including, but not limited to, (a) government action, war, terrorism, riots, civil commotion, embargoes or martial laws, (b) D&Co’'s inability to obtain necessary materials from its usual sources of supply, (c) shortage of labor, raw material, production or transportation facilities or other delays in transit, (d) labor difficulty involving employees of D&Co or others, (e) fire, earthquake, storm, flood or other casualty or act of God, or (f) other contingencies of manufacture or shipment. In the event of any delay in D&Co’s performance due in whole or in part to any cause beyond D&Co's reasonable control, D&Co shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by client of any goods shall constitute a waiver by client of any claim for damages on account of any delay in completion of such goods.
All sales are final. Changes to orders or cancellations require written approval from D&Co and are subject to additional fees.
D&Co reserves the right to correct any errors in prices, descriptions or images of the collection, as well as restrict orders of those items and correct any errors, inaccuracies or omissions
D&Co does not ship items and all orders are collected from the workroom via a 3rd party transporter. The client is responsible for collection within fifteen (15) days of order completion. Orders not collected within fifteen (15) days will be transferred to a 3rd party storage facility and the client will assume all associated transport and storage fees. D&Co products are carefully inspected by D&Co prior to release to ensure excellent, new condition.
The transporter is responsible for a complete inspection of the product upon collection and any damage must be noted on the release form. The signed release form is confirmation by the transporter that they have accepted responsibility for delivering the product in the condition in which it was received. Items must be properly packed by the transporter. D&Co is not liable for any damage that occurs in shipment and/or storage. The client assumes risk of loss or damage once items leave the D&Co workroom.
Entry points, building access, doorways, etc. must be verified by the client or delivering transporter to ensure the furniture can fit.
D&Co will request a 3rd party packing and shipping quote to a specified delivery address upon request. All final arrangements and payments must be submitted directly to the 3rd party transporter. Acceptance of the provided quote is at the client's discretion and may be declined. Payment in full and the name of the collecting transporter is required three (3) business days prior to order release from our workroom.
Clients should inspect the products upon receipt. If a specification or quality discrepancy is found, photos must be taken of the product fault and D&Co should be advised in writing with images provided within twenty four (24) hours of receipt of goods.
The suitability of a fabric or leather is entirely at the client’s discretion. Knit-backing is required on all fabrics that can accept it. The client must confirm a fabric’s ability to be knit-backed or treated with any finishes with the manufacturer prior to application. All fabric treatments are provided through a 3rd party vendor of the client’s choice.
The client is responsible for understanding the nature of their selected fabric, its inherent characteristics, and that proper care instructions are followed. D&Co is not responsible for the tailoring qualities of materials submitted that may affect the application on D&Co pieces or for flaws on materials received.
Cuttings-for-approval (CFAs) are recommended as fabrics may deviate from memo, showroom and purchase samples due to variations in dyes, dye lots, yarns, spinning lots and weavers. If the client waives a CFA, the goods are NOT returnable. D&Co does not guarantee fabrics from fading.
All COM overages are donated and are not stored.
D&Co warrants that its products will be free from defects in workmanship and materials for one (1) year from the date of pick-up. This warranty does not apply to damage resulting from misuse, accidents, abuse, neglect, mishandling, environmental factors or excessive wear and tear. This warranty does not cover any products manufactured by 3rd party vendors or client's own material (COM). Defective products will be replaced within the standard production time period required to reorder and manufacture the same product. D&Co assumes no liability for commercial loss and/or consequential damages that may arise as a result of any product defect. The foregoing warranty is in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise, including, but not limited to, any implied warranties of merchantability or fitness.
D&Co products are made-to-order. Given their handmade and hand-finished nature, variations are to be expected and celebrated. Each item is unique and no two are exactly alike. Images on our websites and items in our showroom may vary from your actual piece.
Variances will range between 1/8" to 1/2" on hard surfaces and from 3/4" to 1 1/2" on soft components. Outside factors such as COM can affect the loft (thickness) of cushions and pillows. COM that is heavy and tightly woven will compress the feather inserts more than looser weaves. Down filled cushions are encased in feather-lock ticking, but occasional feathers may escape as it is a natural product.
Color and grain variations are inherent to wood and are considered to be part of its natural beauty. Many wood and metal finishes are applied by hand and may vary in color, tone and character and deviate from memo, showroom and purchase samples. A wood sample is not necessarily indicative of the full variation of the final product. While D&Co will make every effort to closely match a finish sample, no guarantee can be made of an exact match. D&Co does not guarantee finishes against fading and oxidizing. Wood will expand and contract in accordance to its environment.
All of D&Co's drawings, descriptive matter, weights, dimensions and illustrations contained in the catalogs, price lists or advertisements are approximations only and are intended to give a general description of the goods. As such, they shall not form part of this Agreement.
D&Co is not affiliated with or liable for the conduct, quality of work, damages or delays incurred by 3rd party resources.
D&Co owns all intellectual property rights relating to the D&Co brand, trade name, trade dress, and other content. None of the intellectual property may be used, reproduced, transmitted, distributed, modified or exploited in any way without D&Co's written consent.
Pursuant to section 287(a) of the U.S. Patent Act, the Patents outline may be referenced, associating each of D&Co's patented products with its respective U.S. patent number. This page provides notice under 35 U.S.C. § 287(a)
Water based or solvent cleaners may cause discoloration or staining. We recommend that stained or soiled textiles be professionally cleaned.
Never use cleaners with alcohols or solvents on metals. Clean with a very soft, dry cloth or breathe onto a soft cloth then rub gently in the direction of the patina. Do not use abrasive cloths or cleaners as this may scratch or damage the finish.
Wood has been oiled or stained to bring depth and beauty to each product. Although most are protected with either a clear coat or wax, they are still susceptible to wear. Regular care by dusting with a soft cloth is recommended. Maintain wood by not placing near heaters and air conditioning units to prevent over-drying or exposure to excessive moisture. Avoid extreme humidity changes in your home, as extremely dry air can cause wood to crack and lift. Do not place/leave hot or moist objects directly on the wood. Rubber or plastic left on the wood finish can also damage the finish. Do not use commercial, heavy-duty cleaners, polishes or waxes.
Most fabrics will wrinkly easily, despite the best handling in transport. A simple hand steamer can be used on the backside of the fabric, when recommended by the manufacturer.
Our back cushions are filled with a generous amount of down. A little bit of fluffing will bring them back to shape. Our most common LUXE seat cushion fill option has a foam core for support and is filled with a very generous amount of high quality down. Some maintenance is required to bring the cushions back to a more tailored form after sitting. A little beating and hand smoothing of fabric goes a long way. Please note that new pieces will have an initial break in period, just like a great leather jacket or favorite pair of jeans. With use, the down will settle and become even more enveloping, the springs will begin to move, and the fabric will acclimate, all factors that will result in a luxurious seating experience for years to come!
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