Olivya Stone – Terms & Conditions
1. Order Subject to Acceptance
1.1 Acceptance of Orders
All orders are subject to acceptance by Olivya Stone (“Seller”). Seller reserves the right, at its sole discretion, to refuse or cancel any order prior to shipment.
1.2 Entire Agreement
By placing an order, You (“You” or “Buyer”) agree to all terms and conditions stated herein. Acceptance of delivery constitutes Buyer’s further assent to these Terms & Conditions. These Terms & Conditions form the complete and exclusive agreement between the parties, superseding any prior or contemporaneous agreements. Any modification or additional terms must be in writing and signed by an authorized officer of Seller.
2. Prices and Payment Terms
2.1 Price Changes
All prices are subject to change without notice. Product prices exclude freight, shipping, packaging, handling, insurance, taxes, and any other additional charges unless otherwise stated.
2.2 Deposits & Payment
A 50% deposit of the total purchase price is typically required to initiate an order.
Custom or special orders may require 100% payment upfront, depending on the specific item or agreement.
Orders for in‐stock products must be paid in full at the time of order placement.
The remaining balance (including shipping, handling, packing, taxes, and service fees) must be paid in full prior to shipment.
2.3 Late Payments
A service charge of the lesser of 1.5% per month or the maximum permissible rate will be added to any account not paid within 60 days of the final invoice date.
2.4 Textiles & Wallcoverings (If Applicable)
Minimum orders, cut fees, and special increments for fabrics, hides, or wallcoverings may apply.
Overages, once cut or processed, are not returnable.
(Adjust or remove this section if textiles/wallcoverings are not part of your product line.)
3. Estimated Production Times
Standard Production: 14–16 weeks
COM (Customer’s Own Material): 14–18 weeks
Fully Custom / Special Projects: 18–22 weeks
All stated production times are estimates only, based on supplier availability and other variables. Olivya Stone does not guarantee specific delivery dates.
4. Storage Fees
If the Buyer does not pick up or arrange shipping of merchandise within 21 days after receiving the final balance invoice, storage fees of up to 3% per month of the invoice value may apply.
5. Order Modifications, Cancellations & Returns
5.1 Cancellation/Modification Window
Orders are not cancelable or modifiable after 10 business days from the order date.
Custom orders may not be canceled once materials/fabrics have been purchased or production has commenced.
5.2 Fees for Changes
Any modifications, cancellations, or returns authorized after the 10‐day window may incur a fee of 30–50% of the net selling price, depending on the costs already incurred (e.g., materials, labor).
5.3 Returns & Restocking
Returns require prior written approval from Olivya Stone.
Approved returns may incur a 25–50% restocking fee.
Items that have been installed, altered, damaged, or used are not eligible for return.
In‐stock lighting (if applicable) that is uninstalled and unaltered may be returnable upon prior written authorization, subject to a restocking fee (e.g., 25%).
5.4 Custom / Made‐to‐Order & Final Sale
All custom‐made, special‐finish, COM, or Quick Ship final‐sale items are nonreturnable and nonrefundable once production has begun.
6. Force Majeure
Olivya Stone shall not be liable for any delays caused by events or conditions beyond its reasonable control (e.g., government action, war, terrorism, labor/supply shortages, or natural disasters). In such cases, Olivya Stone may extend or modify lead times. Acceptance of goods by Buyer waives any claim for damages due to delay.
7. Taxes
Buyer is responsible for all federal, state, and local taxes, duties, or fees connected with the sale, delivery, or use of the goods. If Olivya Stone is required to pay any such taxes, Buyer shall promptly reimburse Olivya Stone.
8. Title & Risk of Loss
8.1 Transfer of Risk
Title and risk of loss or damage pass to Buyer once the goods are delivered to the carrier, warehouse, or another receiving agent. Any claims for damage occurring before this transfer must be made in writing within 48 hours of receipt.
8.2 Delayed Acceptance
If Buyer fails to accept delivery or pick up goods, Olivya Stone may charge storage fees as outlined above and is not liable for merchandise condition after the agreed collection or delivery date.
9. Method of Shipment
9.1 Carrier Arrangements
As a courtesy, Olivya Stone may arrange shipment via partner freight companies unless the Buyer specifies a preferred carrier. Once a carrier takes possession, all liability transfers to Buyer, and damage claims must be pursued directly with the carrier.
9.2 Freight Claims & Inspections
Buyer or the receiving warehouse must inspect packages upon arrival and note any damage on the Bill of Lading (BOL).
Concealed damage must be reported to Olivya Stone within 48 hours, accompanied by photos and documentation.
A signed BOL without damage notation typically indicates items were delivered in good condition.
10. Wood & Humidity Disclaimer
Our solid wood furniture may expand or contract due to changes in humidity or temperature. Minor cracks, slight warping, or other wood movement are normal characteristics and not considered manufacturing defects. We recommend maintaining indoor humidity levels between 40–50% to preserve the integrity of the furniture. Our warranty does not cover seasonal wood movement.
11. Warranty & Disclaimer
11.1 General Warranty
Olivya Stone warrants that its products will be free from defects in workmanship and materials for one (1) year from the date of delivery unless otherwise stated. Outdoor frames may be covered for two (2) years if specified, but COM materials are excluded.
11.2 Exclusions
Normal wear and tear, misuse, neglect, accidents, or exposure to extreme environments are not covered.
Hand‐applied finishes (on wood, metal, etc.) may vary slightly; exact color matches and fade‐resistance are not guaranteed.
Variations in stone, wood grain, or leather are natural and not defects.
Textiles/COM: Olivya Stone does not warrant against fading, stretching, or color transfer; Buyer is responsible for ensuring suitability and any required treatments.
11.3 Repair or Replacement
Upon confirmation of a valid warranty claim, Olivya Stone will repair or replace the item, subject to standard production lead times. Unauthorized repairs or modifications void this warranty.
11.4 Disclaimer
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OLIVYA STONE SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
12. Limitation of Remedies
Olivya Stone is not liable for any indirect, incidental, special, or consequential damages (e.g., lost profits or business interruption). Its total liability shall not exceed the purchase price of the product(s) in question. Buyer’s exclusive remedy is repair, replacement, or (at Olivya Stone’s option) a refund or credit up to the purchase price.
13. Remedies Upon Default
If Buyer fails to adhere to these Terms (including payment defaults), Olivya Stone may cancel any unshipped portion of the order, retain goods, declare forfeiture of any deposit as liquidated damages, and pursue other available legal or equitable remedies.
14. Exclusions & Dimensions
All measurements, weights, and illustrations in catalogs or promotional materials are approximate. Handcrafted items (furniture, lighting, etc.) may differ slightly from samples or images. A variance of ±0.5 inches is considered acceptable.
15. Waiver
A waiver by Olivya Stone of any breach of these Terms & Conditions does not constitute a waiver of future breaches. Failure to exercise any right is not a waiver of that right at a later date. A valid waiver must be in writing and signed by an authorized officer of Olivya Stone.
16. Severability
If any provision of these Terms & Conditions is deemed invalid, illegal, or unenforceable, the remaining provisions remain in full effect.
17. Controlling Law & Dispute Resolution
17.1 Governing Law
These Terms & Conditions and any disputes hereunder shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of law rules.
17.2 Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms may, at Olivya Stone’s election, be submitted to binding arbitration in Los Angeles, California, pursuant to the rules of the American Arbitration Association (AAA). The arbitrator’s decision shall be final and binding, and judgment may be entered in any court having jurisdiction.
17.3 Attorney Fees & Costs
If a dispute results in legal action or arbitration, the prevailing party is entitled to recover its reasonable attorney fees and costs, to the extent allowed by law.
18. Acceptance & Acknowledgment
By placing an order, paying a deposit, or otherwise proceeding with a purchase, Buyer acknowledges and agrees to these Terms & Conditions, including all related policies.
19. Memo Policy
To help our clients visualize how a piece of furniture will look in a specific environment, Olivya Stone permits select merchandise to be borrowed or “memoed” for up to five (5) business days.
19.1 Security Deposit
A security deposit equal to the full retail value of the memoed item(s) plus all applicable taxes is required prior to release.
In the event of damage, loss, or late return, Olivya Stone may apply this deposit as payment in full for the memoed items.
19.2 Responsibilities of the Memo Client
Transportation & Handling
The memo client is responsible for all disassembly, packing/unpacking, transportation, and repackagingof memoed items.
Olivya Stone can assist in coordinating these services upon request, but all related fees (e.g., delivery, packing, assembly, installation) are charged to the memo client.
Proper Protection
Olivya Stone will not release merchandise without adequate protective materials and an appropriate vehicle (no open‐bed trucks, etc.).
Items must be returned with all original packaging and hardware (e.g., screws, bolts).
Item Condition
Upholstered or finished items must be returned clean and undamaged. Any cleaning required for soiled or stained items is at the memo client’s expense.
Damage, loss, or any other condition beyond normal handling may result in additional charges or forfeiture of the deposit.
Return Deadline
Memoed items must be returned to Olivya Stone no later than five (5) business days from the date of release (unless otherwise agreed in writing).
Late returns may incur additional fees or result in the deposit being applied as payment for the items.
19.3 Acceptance of Memo Terms
By accepting memoed merchandise, the memo client acknowledges and agrees to all terms in this Memo Policy. If you have questions or require assistance with delivery or pickup, please contact Olivya Stone at design@olivyastone.com.
20. Additional Disclaimers & Provisions
20.1 Color & Finish Variation
Hand‐applied finishes, natural materials, and sample swatches may vary from the final product. Exact color matches cannot be guaranteed due to inherent variations in dyes, wood grain, leather hides, or application processes.
20.2 Digital / Photographic Representation
Images or renderings displayed online, in PDFs, or in print are for reference only. Differences in lighting, monitor calibration, or photography may cause the actual product’s color or finish to vary.
20.3 Size & Fit Responsibility
Buyer is solely responsible for ensuring that all products will fit through doorways, stairwells, elevators, and within the intended space. Olivya Stone is not liable for any fees or damages arising from Buyer’s inability to accommodate the size or configuration of purchased goods.
20.4 Code Compliance & Regulatory Requirements
Unless expressly stated in writing, Olivya Stone makes no representation that its products meet specific fire, building, or other regulatory codes (e.g., CAL TB117). Buyer is responsible for requesting any required certifications or treatments prior to order placement.
20.5 Installation & Use Liability
Olivya Stone is not liable for damages, injuries, or losses resulting from improper assembly, installation, or use of any product. We recommend professional installation for lighting, large case goods, or any items requiring attachment to walls/floors.
20.6 Ownership of Designs & Intellectual Property
All designs, product images, and related intellectual property remain the exclusive property of Olivya Stone. Replication, duplication, or commercial distribution without written permission is strictly prohibited.
20.7 No Guarantee of Future Availability
Due to the nature of supplier availability and material variations, Olivya Stone cannot guarantee the future availability of matching materials, finishes, or products. Reorders may differ in color, tone, or grain from prior shipments.
20.8 Transfer of Warranty
All warranties provided herein apply only to the original purchaser and are non‐transferable unless otherwise stated in writing by Olivya Stone.
20.9 Indemnification / Hold Harmless
Buyer agrees to indemnify and hold Olivya Stone harmless from any claims, losses, damages, liabilities, or expenses (including reasonable attorney fees) arising from Buyer’s misuse, modification, or unauthorized repair of the goods or any violation of these Terms & Conditions.
20.10 Post‐Delivery Modifications
Any modifications, alterations, or repairs performed by the Buyer or a third party not authorized by Olivya Stone will void any warranty and release Olivya Stone from all related liability.
Olivya Stone appreciates your business and looks forward to providing you with exceptional, luxury furniture. If you have any questions or concerns, please contact us at:
Email: design@olivyastone.com