TERMS & CONDITIONS

OVERVIEW

Paula Gisler (“FRIENDS OF PAULA”) is willing to provide the Buyer with a custom or made-to-order piece of furniture or custom or made-to-order household product (product). Buyer’s order of any FRIENDS OF PAULA Product and/or information offered by Paula Gisler (“FRIENDS OF PAULA”) is governed by the following terms and conditions. By ordering the Product (“you” or “Buyer”) consent to be bound by these Terms and Conditions and acknowledge your agreement to its terms. If you do not agree to be bound by these Terms and Conditions, you may not order the Product. Please read the Terms and Conditions carefully, because it is a legal contract and imposes obligations on you as the Buyer.

Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1: COPYRIGHT

You are purchasing the Product and will own the physical copy of the Product. Apart from the physical copy you will own, Paula Gisler retains all other ownership rights in the Product including but not limited to all copyright, patent, trade secret, trademark, moral, termination, authorship, right of publicity, and other proprietary rights (collectively, “Intellectual Property Rights”). You may not reproduce or make derivative works of the Product, or any portion thereof, in any way or in any format now known or hereafter developed.

SECTION 2: ORDER

Quotes for Products are valid for thirty (30) days unless otherwise agreed to by the parties in writing. You will pay in full the price of the Custom Product when ordered. Any taxes, shipping, handling, crating, storage and packing fees (“Final Payment”) must be paid by you before the Products are shipped to you. A service charge will be imposed on any portion of the invoice that remains unpaid for thirty (30) days or more after receipt. Buyer will be liable for all costs, expenses and fees, including reasonable attorneys’ fees, incurred by Paula Gisler in collecting any monies due hereunder. It is the Buyer’s responsibility to inspect the Product upon receipt and confirm that it is free from damage and defects in materials and workmanship. You have seven (7) days from receipt to notify Paula Gisler of the non-conformance of the Product. Failure to make any claim against Paula Gisler within such 7-day period shall constitute acceptance of the Product and a waiver of said defects, shortages, errors and other claims. Due to the construction of Products by hand and the nature of the materials used in construction, you assume the risk that your Product will have slight differences in the finish, color, tone, graining, or precise measurements from the ones depicted by Paula Gisler on its websites, showroom samples, tear sheets, photographs, and other advertising provided to you. Hand-made products are irregular by nature.

SECTION 3: ODERING PROCESS

Prior to production of the Product Paula Gisler must be in receipt of 1) the Non-Refundable payment 2) pertinent details provided by Buyer, 3) Buyer’s approval of all specifications. Paula Gisler will send Buyer an order confirmation. If there is any discrepancy in the order confirmation, Buyer must advise Paula Gisler in writing within (7) seven days from the date of order confirmation. Paula Gisler accepts no responsibility for items shipped to locations other than the location set forth on the order confirmation. Typical production time (not including shipping) is eight to ten weeks from the sending of the order confirmation. Paula Gisler will notify Buyer the date the Product will be available for shipment as soon as it is available.

SECTION 4: SHIPPING PROCESS

Prior to placing an order, the Buyer must verify that the Product is capable of being delivered to the designated destination (e.g., will fit in an elevator, upstairs, around corners, etc.) Products will not be accepted for return for failure to verify moving dimensions. Upon receipt of the Final Payment, Paula Gisler will prepare the Product for shipment. Unless Paula Gisler is otherwise notified by Buyer’s written instructions, freight arrangements shall be made by Paula Gisler on Buyer’s behalf. All such delivery, packing, crating, shipping, insurance, applicable taxes, and similar charges are in addition to the stated purchase price unless noted. All charges are proforma and will be included on the final balance due notice. If the customer chooses to manage their own freight and delivery, Paula Gisler must be notified of the specific details of the movement. Buyer’s specified freight is responsible for inspecting, packaging, and retrieving the Custom Product from an address specified by Paula Gisler. The fee to move the product from Paula Gisler to a terminal for “Buyer’s own” pick-up will be added to the balance due. All products are moved through a Bill of Lading (BOL). Please note that the location of pick-up by Buyer or Buyer’s agent may trigger sales tax responsibility at that location. Buyer should use a qualified receiving warehouse to receive, inspect, consolidate deliveries and facilitate in-home installation. All crated goods would go through a professional receiver such as a receiving warehouse. A receiving warehouse acts as an agent for Buyer and is responsible to note any damage and assist the owner with filing a freight claim when any damage is found. A signature on the BOL upon receipt of the product confirms that the products are received in good condition unless an exception is made on the BOL. Title of ownership to the physical copy of the Product passes to Buyer upon Paula Gisler’s delivery to the freight carrier (unless otherwise specified). Paula Gisler is not responsible for damage after the Custom Product has been accepted in good order by the shipping company nor is it responsible for damage sustained in transit. If damage is noticed when unpacking, notify the delivery company immediately for inspection and take photographs of damages. All visible damage should be noted by recipient on freight bill before it is signed by recipient and delivery company if possible. If driver must “drop and dash,” receiver should note on BOL that any concealed damage of boxes or crated products will be responsibility of carrier or Paula Gisler as determined upon inspection of Custom Product. Full inspection of Custom Product must occur within 48 hours of delivery and all freight claims must be filed as soon as possible and in accordance with carrier’s time limits. Do not destroy packing materials until they are inspected. Claims for such damage or loss must be made by Buyer directly to freight carrier. Goods damaged in freight cannot be refused by Buyer. Obvious or subsequently discovered damage must be reported in writing to carrier in accordance with applicable regulations and time limits. If a damaged Custom Product is returned to Paula Gisler without Buyer first having contacted shipping company for inspection, Paula Gisler will not be able to assist Buyer. Shipments returned to Paula Gisler without Paula Gisler ’s consent in writing will be refused and either re-delivered or stored at Buyer’s expense.

SECTION 5: LIMITED WARRANTY

Paula Gisler expressly warrants that Product is free from defects in materials and workmanship subject to exceptions and limitations contained herein. During first year after Buyer’s purchase of Product, Paula Gisler shall repair or replace at its option a Product that has defect in materials or workmanship. The original buyer must contact Paula Gisler in writing with proof of purchase including clear, detailed description of issue with Product. This warranty does not apply to defects in materials or workmanship or damages resulting from repairs or alterations which have been made or attempted by others. It further does not apply if damage is due to normal wear and tear abuse, improper maintenance, neglect or accident or caused by use of Product for activities other than normal household activities. No warranty oral or written expressed or implied other than above warranty is made with regard to product. Paula Gisler disclaims any implied warranty of merchantability or fitness for a particular use or purpose and all other warranties.

SECTION 6: LIMITATION OF LIABILITY

Under no circumstances including but not limited to negligence shall Paula Gisler be liable for any special or consequential damages that result from your use or misuse of or the inability to use the product even if Paula Gisler or its authorized representative has been advised of possibility of such damages. In no event shall Paula Gisler’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) arising under or related to these terms and conditions or your use of the product exceed the amount paid by you to Paula Gisler for the product.

SECTION 7: PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 8: GOVERNING LAW

These Terms & Conditions shall be governed by and construed in accordance with the laws of Zürich, Switzerland.

SECTION 9: CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to us at info@friendsofpaula.com