Terms and Conditions

PRICING

Unit prices are valid for 30 days. If this sales contract (“Contract”), which includes the Invoice, these Terms and Conditions, and the Specification Sheet(s), is not executed by the buyer listed on the Invoice (the “Buyer”) within 30 days of the date specified above, this quote shall be deemed withdrawn, and this Contract shall be invalid.  

SALE OF GOODS

Upon signing this Contract, the Buyer agrees to purchase from Lenka Ilic Studio LLC (the “Company”), and the Company agrees to sell to the Buyer, the item(s) listed in the Invoice (the “Items”) upon the terms and conditions contained in this Contract.

PAYMENT TERMS

Upon signing this Contract, a 50% deposit of the total order amount listed on the Invoice (the “Deposit”), including the product purchase price, the Estimated Shipping Costs, applicable sales tax, and any insurance, is due. Following receipt of the Deposit, the Company shall cause production of the Items to commence. Promptly upon completion of production of all the Items of the order, the Company shall provide written notice to the Buyer of such completion (the “Completion Notice”). Within five (5) days of the Company’s Completion Notice, and as an express condition of shipment of the ordered Items, the Buyer shall pay the balance of the order amount plus or minus, as applicable, the Shipping Costs Adjustment (the remaining balance and the Shipping Costs Adjustment together referred to as the “Remaining Costs”).

LEAD TIMES

Lead times are approximate estimates of the time between receipt of the Deposit and completion of production of the Items, and are subject to change. The Company does not guarantee production nor delivery based on the specified lead time and shall not be held responsible for any costs or expenses the Buyer may incur because of any delayed production or delivery. 

TITLE AND RISK OF LOSS

Title and risk of loss for the Items shall pass to the Buyer at the Company’s warehouse at 517 Willow Run, Duanesburg, NY, 12056, USA upon delivery of the Items to the shipping carrier.

SHIPPING

All Items are F.O.B. shipping point at the Company’s warehouse at 517 Willow Run, Duanesburg, NY, 12056, USA. The Company will arrange for the shipping of the Items from the Company’s warehouse to the Buyer’s shipping address, but the Buyer is responsible for all freight, shipping, handling, crating and packaging, storage, installation, taxes, and delivery service costs (the “Shipping Costs”). The amount of the Shipping Costs listed in the Invoice of this Contract is an estimate (“Estimated Shipping Costs”) and is subject to increases based on the actual Shipping Costs related to the order (“Actual Shipping Costs”). Promptly upon completion of production of all the Items, the Company shall determine the Actual Shipping Costs. If the Actual Shipping Costs exceed the Estimated Shipping Costs listed in the Invoice of this Contract, the Buyer shall be responsible for the excess over the Estimated Shipping Costs, and if the Actual Shipping Costs are less than the Estimated Shipping Costs, the Buyer shall receive a reduction in the order amount in the amount of the difference (with either the excess or reduction, as applicable, being referred to as “Shipping Costs Adjustment”).

Within five ⁽⁵⁾ days of the full payment of the Remaining Costs being cleared in the Company’s bank account, the Company will arrange the shipment of the Items to the Buyer’s address specified on this Contract, or such other address as the Buyer designates in writing to the Company. An order with more than one Item will ship complete unless the Buyer requests otherwise by written notice to the Company prior to the completion of production of all Items of the order. The Items shall ship in accordance with the delivery method specified on the Invoice.

The Company will prepare standardized quality assurance report which includes photos of the complete Item at the time of packaging the Item (the “Quality Assurance Report”).

DELIVERY

The following are descriptions of the delivery service available for the applicable delivery method specified on the Invoice:

1. FedEx Ground or FedEx Home Delivery w/ Signature Required. Includes tracking and signature required. Within the contiguous U.S. the typical delivery window is 3-10 business days from the day an order is shipped. For packages up to 150 lbs (68kg), up to 108" (274cm) in length, and 165" (419cm) in length plus girth. If a destination is a multi-unit building, the order will be left inside the building entrance, not at the Buyer’s door. The Buyer is liable for any stolen or lost packages after the package is dropped off.

2. FedEx Freight Services. For individual skids of 150 lbs (68kg) or more. If a destination is a multi-unit building, the order will be left inside the building entrance, not at the Buyer’s door. The Buyer is liable for any stolen or lost packages after the package is dropped off.

3. Threshold Delivery. Delivered over the Buyer’s threshold. If a destination is a multi-unit building, the order will be left inside the building entrance, not at the Buyer’s door. The Buyer is liable for any stolen or lost packages after the package is dropped off. Includes an appointment with a 4-hour delivery window. Does not include unpacking, assembly, or removal of packing materials. Within the contiguous U.S. the typical delivery window is 1-3 weeks from the day an order is shipped, at which time a delivery agent will be in touch with the Buyer to make an appointment.

4. White Glove. Full-service delivery that includes placement in your room of choice, assembly, and removal of packing materials and debris by specialty trained professionals. Includes an appointment with a 4-hour delivery window. Within the contiguous U.S. the typical delivery window is 1-3 weeks from the day an order is shipped, at which time a delivery agent will be in touch to make an appointment. If a destination is a multi-unit building with an elevator, it is the Buyer’s responsibility to reserve a service elevator and coordinate with the delivery agent.

In case of a delivery address being a multi-family building, it is the Buyer’s responsibility to verify with the building management the maximum size of the package that can be left inside the building entrance and to notify the Company prior to the shipment. Extra charges will be assessed for walk-ups, extra time/men needed for unusual circumstances, and redeliveries. The Buyer shall notify Company of any unusual circumstances prior to shipment. In the event a delivery location is not accessible to the delivery truck, a remote access fee will be assessed, which the Buyer must pay prior to shipment.  All delivery fees and remote access fees are non-negotiable and non-refundable. It is the Buyer’s responsibility to verify building access and all needed clearances (entryways, stairways and/or elevators, door opening sizes, hallway sizes, turn point sizes, etc.) for the package to be delivered to the designated destination. The Buyer will be provided with a package size prior to arranging delivery. 

INSURANCE

Buyer acknowledges and agrees that the Buyer bears the risk of loss once the Items are loaded with the carrier. The Buyer may elect to purchase shipping insurance through the Seller for the shipment of the Items from the following shipping insurance companies: (1) InsureShield, 877-263-8772; (2) Shipsurance, 866-852-9956; (3) Parcel Insurance Plan, 800-325-7390; or (4) U-PIC, 800-955-4623. If the Buyer elects to purchase insurance, the Buyer shall notify the Seller in writing prior to the completion of production of the Items and pay the Seller the cost of the insurance. The Seller shall then procure the shipping insurance policy for the Item that the Buyer elects to insure. If the Buyer purchased insurance, then the Buyer may file a claim with the insurance company for any loss or damage to the Items that occurs during shipment, such claim being made to the insurance company through the Seller, but the resolution of such claim being subject entirely to the decision of the insurance company. The Seller shall have absolutely no liability for any insurance claims. If the insurance company pays out a claim made on behalf of the Buyer, the Seller shall promptly disburse such payment to the Buyer. 

NO RETURNS

The Buyer has no right to a return or a refund for the Items purchased under this Agreement. Buyer acknowledges and agrees that any remedies available to the Buyer under the Insurance section (if and only if the Buyer elected to purchase insurance) or Limited Warranty sections are the exclusive remedies for lost or damaged Items. The Buyer hereby releases the Company entirely from liability for damage or loss arising out of or related to the shipment of the Items. Buyer agrees that the only remedies available for any damage or defects to the Items that occur prior to loading with the shipping carrier are the remedies available under the Limited Warranty section, if any are applicable to Buyer’s case. 

STORAGE

Any shipments returned to the Company as a result of the Buyer's delay or failure to accept delivery will require the Buyer to pay a storage fee of $25 per day for each day that the Item remains in the Company’s possession and any other costs incurred by Company. Additionally, if the Buyer fails to pay the Remaining Costs within five (5) days of the Company’s Completion Notice, a storage fee of $25 per day will apply starting on the 6th day after such notice. 

CANCELLATION

The Buyer may cancel the order by providing written notice of a cancellation request by 5:00 p.m. on the fifth (5th) business day following the Buyer’s execution of this agreement (the “Cancellation Deadline”) and receive a refund of the Deposit less 25% of the total order amount as a restocking fee. After the Cancellation Deadline, the order is final and Buyer cannot cancel or exchange the order for any reason whatsoever, and any amounts paid to Company will be entirely non-refundable. 

LIMITED WARRANTY

Company warrants that any furniture Item sold under this Contract shall be free from defects in material and workmanship, except the furniture Item’s natural rubber feet infill, under normal use and service for a period of ten (10) years from the date of delivery. Company warrants that any natural rubber feet infill for any furniture Item sold under this Contract shall be free from defects for a period of two (2) years from the date of delivery of the furniture Item. These warranties do not cover (1) normal wear and tear, (2) damage, including but not limited to scratches, dents, cracks, and indentations, caused by misuse, accidents, abuse, temperature variations, mishandling, or neglect by any party, including shipper(s), carrier(s), and installer(s), (3) damage relating to repairs or alterations made by anyone other than the Company or an agent of the Company, (4) variations in finish or fading, oxidization, or discoloration of finishes or fabric (with (1), (2), (3), and (4) being collectively referred to as the “Excluded Damage”). Notwithstanding the foregoing, to make a warranty claim, Buyer must notify Company via email at [email protected] within thirty (30) days of discovering the defect and must include a description of the damage to the Item, photographs of the damage to the Item, and the order number associated with the damaged Item. The Company shall then evaluate the warranty claim to determine, in Company’s reasonable discretion, whether the Buyer’s claim is justified. For the avoidance of doubt, denial of a warranty claim is not unreasonable when the damage constitutes Excluded Damage. The Company will use the Quality Assurance Report as evidence in evaluating the warranty claim. Upon verification of a justified warranty claim, Company will, at its option, either repair or replace free of charge the Item that is proven defective. Items that are replaced by Company will be replaced within the normal time period required to reorder, manufacture, and deliver the same product. Company’s liability under this warranty is limited to the repair or replacement of the defective furniture. The Company shall not be liable for any incidental or consequential damages.

LIMITATION OF REMEDIES AND LIABILITY

OTHER THAN AS MAY BE SET FORTH IN THE LIMITED WARRANTY SECTION HEREOF, COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. COMPANY’S MAXIMUM LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS CONTRACT, WHETHER BREACH OF CONTRACT, TORT, OR OTHERWISE, IS EXPRESSLY LIMITED TO REPAIR OR REPLACEMENT. COMPANY SHALL HAVE NO LIABILITY FOR ANY DELAY OR FOR NOT MEETING THE ESTIMATED DELIVERY TIME.

TERMINATION

If Buyer fails to make any payment due to Company under this Contract, Company may terminate this Contract by providing written notice of termination to the Buyer, and Company may retain any amounts paid by Buyer to Company as liquidated damages. If the factory or fabricator that Company normally uses to manufacture the Items of this Contract cannot manufacture or produce the Items of this Contract, the Company may terminate this Contract, and the Deposit must be returned in full to the Buyer, and the Buyer shall release Company from any further liability or payment of damages thereby.

TAXES

Buyer is responsible for all sales tax, common duties, and related taxes that apply to their order.

FORCE MAJUERE

The failure of Company to make deliveries because of fire, flood, riot, strike, lockout, labor scarcity, car shortage, freight embargo, government regulation, Act of God or the public enemy, legal proceeding, non-arrival or delay of carrier, or for any other cause, whether related or unrelated, or similar or dissimilar to any of the foregoing, over which Company has no control, including the failure, refusal or inability of any supplier or manufacturer with whom Company may or shall contract for the materials covered by this Contract, to manufacture, obtain or deliver the same for any cause whatsoever, shall relieve Company from all its obligations under this contract or any modification thereof, or addition thereto, and also from any liability for, or payment of damages to Buyer caused thereby. In the event that any of said or similar causes shall temporarily delay Company in making deliveries, then the time fixed for delivery shall be extended during the period of such delay and Company shall have a reasonable time under all the circumstances to make delivery hereunder.

ENTIRE AGREEMENT

This Contract contains the full, complete, and final agreement between Buyer and Company, and this Contract supersedes any prior writings or agreements, whether written or oral, between or among Buyer and Company, which prior agreements the parties must no longer rely upon for any purpose. The parties cannot amend or modify this Contract except by a written agreement executed by both Buyer and Company.

PAYMENTS

All amounts due shall be paid in United States Dollars and must be paid through wire transfer or ACH payment. Company may elect, in its sole discretion, to accept a credit card payment for the Deposit only, such credit card payment being subject to a 3% fee payable to Company. The Remaining Costs or any other amount due shall not be paid with a credit card. For purposes of this Agreement, a payment is complete when such payment clears into Company’s bank account and is no longer pending.

AUTHENTICITY MARK

Each furniture piece is marked with an authenticity serial number.

FINISH APPEARANCE

Company’s furniture is made to order and, therefore, subject to slight variations. All of Company’s images, weights, dimensions, descriptions and illustrations contained in Company’s website, catalogues, price list or advertisements are close approximations. They shall not form part of this Contract. Differences in dye lots may produce colors that are slightly different from those of fabric swatches. Light reflecting on larger upholstered piece is seen differently. Company does not assume any responsibility nor make any representation or warranty about the appearance, durability, color, or any other quality related issue of any Item. 

CORRESPONDENCE AND HOURS OF OPERATION

For all correspondence with Lenka Ilic Studio LLC, Buyer shall email [email protected] and include the order number. Company operates Monday – Friday, 9am-5pm EST, closed on holidays.