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 accepting an order from D&Co, buyer 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 invoice is the controlling document with respect to the Parties' contractual obligations. Should a buyer amend an order invoice in any way, a buyer must alert D&Co of such changes within forty-eight (48) hours of payment. Failure to provide such notice will constitute acceptance of the terms contained in the original order invoice.
All prices are FOB factory. A minimum 50% deposit of the purchase price is required to initiate an order. All accounts shall be paid when invoiced. A service charge may be added to all accounts not paid within thirty (30) days from the date of invoice for final balance due. Orders must be paid in full, prior to pick up.
Merchandise not picked up within thirty (30) days will be subject to storage fees.
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 Buyer.
Lead times are approximate, subject to change and will be confirmed
per order. Buyer 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 and delivery dates are estimates only and are
subject to change by Dmitriy & Co upon notice to You. Dmitriy shall
not be liable for delays in completion or shipment or default in
delivery for any reason of force majeure or for any cause beyond
Dmitriy'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 Dmitriy 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 Dmitriy's performance due in whole or in part to any
cause beyond Dmitriy's reasonable control, Dmitriy shall have such
additional time for performance as may be reasonably necessary under
the circumstances. Acceptance by Buyer of any goods shall constitute
a waiver by Buyer of any claim for damages on account of any delay
in delivery of such goods.
All goods are made-to-order and cannot be returned and/or cancelled after 48 hours. All sales are final. Changes in orders, or cancellations require prior written approval from D&Co.
D&Co reserves the right to correct any errors made in the preparation of quotations and/or specifications. Quoted pricing is valid up to 30 days.
D&Co does not ship items and all orders are collected from the LA workroom via 3rd party transporter. Clients are responsible for all Will Call arrangements. D&Co made to order products are inspected by D&Co prior to release to ensure that the order is in good condition, complete and ready for shipment. Shown artist work ships from various locations and not subject to these terms.
The transportation carrier is responsible for a complete inspection of product at the point of origin. Any damage must be noted on the release form. The signed release form is confirmation by the carrier that they have accepted responsibility for delivering the product in the condition in which it was received. Items shipped internationally must be properly packed and climate controlled by the carrier to account for potential in-route climate changes. D&Co is not liable for any damage that occurs in shipment and/or storage. Buyer assumes risk of loss or damage once items leave the D&Co workroom.
Entry points, building access, doorways, etc. should be verified by client or delivering transporter to ensure furniture can fit. The delivering transporter is responsible to ensure orders traveling long distances are properly wrapped and climate controlled to ensure no warping, splitting, contraction occurs.
For Will Call pick-ups. clients must provide the name of their hired transporter and pick-up date at least 3 business days prior to collection.
For all requested delivery quotes, a 3rd party packing and shipping quote to the delivery address will be initiated by D&Co. 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 for will call arrangements. Order payment in full is required (3) business days prior to order release from LA workroom.
Buyer should inspect the products upon receipt. If a specification or quality discrepancy is found, photos should 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.
Requests for COM fabric and/or trim overages must be made in writing at the time of order placement, and claimed within two (2) weeks of order completion. Any unclaimed materials will be donated and/or disposed of. Exclusive of D&Co core fabrics.
D&Co warrants that made-to-order furniture goods 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.
Furniture and lighting is handmade, and therefore is subject to slight variations.
All dimensions are based on manufacturer specifications, and vary based on COM selection. 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 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.
Variations in color and veining are inherent in stone and wood and considered to be part of the natural beauty. Many wood and metal finishes are applied by hand and may vary in color, tone and character.
Woods may deviate from memo, showroom and purchase samples because of inherent variations in wood species, stains and oils. 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.
Minor inclusions or discolorations are inherent to the fabrication process. A wood sample is not limited to the color range shown and is not necessarily indicative of the full variation of the final product. Wood will expand and contract in accordance with its environment.
The suitability of a fabric or leather for any use is entirely at the discretion of the buyer. Cuttings-for-approval (CFA) are recommended. Fabrics may deviate from memo, showroom and purchase samples because of variations in dyes, dye lots, yarns, spinning lots and weavers. If buyer waives a CFA, the goods are NOT returnable. D&Co does not guarantee fabrics from fading. Knit-backing is required on all loosely woven fabrics, light to mid-weight fabrics, linens and any other fabric with a high level of stretch for upholstery applications through a 3rd pary vendor of your choice.
Chenille may show variations in color, texture, and hand with the
intention to create a more luxurious appearance and should not be
considered faulty in any way. The yarns in any pile fabric such as
chenille, velvet and microfiber suede can be sensitive to crushing,
shading and scarring, which will naturally occur over time creating
irregular surface appearance and texture. This sensitivity varies
and depends on the application and use and should not be considered
faulty or defective. Shading, in particular, is part of silk and
cashmere/ silk velvet’s unique and valued aesthetic.
Pile distortion alters the angle of light reflection producing more
obvious areas where the fabric has moved creating an appearance of
shading or napping. Pile fabrics created using shiny yarns such as
rayon or viscose further amplify light reflection and create even
more obvious areas of light and dark patches. Velvet and chenille
have a high abrasion resistance but are often not resilient to
moisture from spillage or perspiration. This, in combination with
pressure from sitting (including stocking & bare feet), may cause
marking and shading as the pile crushes. Regardless of how carefully
all velvets and chenilles are transported, handled and used some pile
crushing and matting will occur and is impossible to avoid. Since
airborne dust and soot are natural enemies of high pile fabrics and
can weigh it down when allowed to remain too long, regular vacuuming
with an upholstery attachment offers an excellent prolonged result.
When it results from normal use, a light brushing will often lift
the crushed pile. In cases of severe pressure and/or exposure to
moisture, professional steaming on the reverse side and/or dry
cleaning may be required to once again lift the pile. We recommend
that this be done by a reputable, professional upholstery cleaner.
Velvet and mohair fabrics possess inherent characteristics that often
result in puckering and wrinkling and is to be expected. This is
especially true when applied to curved forms or soft upholstery.
Crushing may occur when applied to hard upholstered edges. When using
high pile fabrics, please be aware of the “caterpillar” effect at the
seams or on a welt. Self-welting of high pile fabrics is NOT normally
recommended, as it often creates an undesirable look and it is best
to use a contrast welt in place.
Note: To minimize potential damages, it is requested that velvet and
high pile fabrics are not shipped in advance of order placement and
completed items are collected as quickly as possible. Care should
always be taken not to place objects or materials which may apply pressure.
All of D&Co's drawings, descriptive matter, weights, dimensions and illustrations contained in the catalogues, 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 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.
Water based or solvent cleaner 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.
Stone tops are sealed or polished to be stain resistant. Use care to avoid objects that may scratch the surface. Clean stone surfaces with a soft cloth and a few drops of stone soap or a light detergent combined with warm water. Rinse the surface thoroughly after cleaning and dry with a soft cloth. For food or drink spills, blot with a soft cloth immediately to prevent the stain from being absorbed by the stone. Flush with water and mild soap and rinse well. Dry the area with a soft cloth. Stained or soiled stone should be professionally cleaned by a stone cleaner or a refinisher.
Most fabrics will wrinkly easily, despite the best handling in transport. It is suggested to use a simple hand steamer for the backside of the skirt.
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!
