Terms & Conditions of Sales
Sales by Suite Wood ("Seller") are made only on the terms that are contained in this Selling Policy ("the Terms"). Seller hereby gives notice of its objection to any different or additional terms and conditions. Any sales made are expressly conditional upon Purchaser's assent to the terms and conditions set forth below. These terms and conditions may be modified or supplemented only by a written document signed by an authorized representative of Seller. These terms and conditions supersede any prior and/or contemporaneous agreements or correspondence between Purchaser and Seller. Seller reserves the right to change the Terms without notice.
The product reference number(s) contained on Seller's Order Acknowledgement shall be the final expression of the order.
An order is not binding on Seller until Purchaser has received Seller's Order Confirmation or Acknowledgement, which may be by electronic means.
Estimated Lead Times
We will provide you with an estimated delivery week upon placement of your order. This week is an indication only; actual week of arrival may differ due to circumstances out of our control.
Terms of Payment
Payment is due in full at the time of order.
Prolonged Reservation Clause
We retain ownership of the current and future goods delivered until all current and future claims against the other party, for whatever reason, will be paid in full. As long as the goods delivered have not been paid in full, we remain irrevocably entitled and authorized to take back those items supplied by us without any interference by the courts. All costs associated with return shall be borne by the other party. As long as we still have any claim against the other party outstanding, the other party is not allowed to make use of the goods delivered, or to enter in any legal transactions, unless we have given our previous written permission. In case of resale by the other party of not (yet) fully paid goods, the other party is obliged to hand over all its rights in respect thereof, in proportion to the outstanding amount from the other party.
All sales are final.
Orders may only be cancelled in writing within 24 hours of order placement. We will charge a 5% administrative fee. Sale items cannot be cancelled at any time.
Sales of promotional items, stock items, or special orders cannot be cancelled at any time.
Changes to your order
Due to the short lead-time of products, the factory begins production shortly after orders are placed. Therefore we are only able to change your order if manufacturing has not already started
Packing is included in the price. Packing is tested for rigorous motion and transportation but is not guaranteed to protect Products from conditions over which the Seller has no control.
Customers are responsible for checking that all goods have free and easy access to their intended destination. Should delivery prove impossible, we may require the customer to accept the goods and make their own arrangements for delivery. Cancellation of a booked delivery is subject to a cancellation fee equivalent to the standard delivery price, should notice be given later than 24 hours prior to the booked delivery date.
Risk of loss passes to the Purchaser at time of shipment. Purchaser shall inspect all Products upon receipt for visible damage to the Product as well as the packaging. Damage to the packaging alone does not constitute damage to the Product and will not be considered valid for claim purposes.
White glove deliveries:
Purchaser must note any damages on the delivery receipt upon delivery. Seller will repair or replace Product damaged in shipment only if the Purchaser notes the damage on the delivery receipt upon delivery.
Purchaser must note any damages on the delivery receipt upon delivery and notify Customer Service. Any damages must be reported to Customer Service within 3 days of receipt. Seller will repair or replace Product damaged in shipment only if the Purchaser has notified Seller of the damage within 3 days of receipt. Seller will be responsible to file any claims with delivering carrier. All Product and packaging must be retained for inspection.
If Purchaser requests that an order be held or delayed, prices and terms and conditions in effect at time of order shall apply. Arrangements for holding/storage will be made directly between the Purchaser and the Seller. Any costs associated with the storage including demurrage, preparation for storage, storage charges and handling shall be billable by the carrier and payable by the Purchaser.
Seller shall not be liable for failure to perform or for delay in performance due to fire, flood, strike or other labour difficulty, act of God, act of any governmental authority or of the Purchaser, riot, embargo, fuel or energy shortage, wrecks or delay in transportation, inability to obtain necessary labour, materials or manufacturing facilities from usual sources or failure of suppliers to meet their contractual obligations or due to any cause beyond its reasonable control.
If any such event occurs, Seller may extend delivery date by a period of time necessary to overcome the effect of such delay, allocate available Product or cancel any purchase order.
Cancellation of orders by Seller
Seller reserves the right to cancel any order at any time for whatever reason, in which case all funds paid by Purchaser will be returned.
Compliance with Law
PURCHASER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS, ORDINANCES, REGUALTIONS, RULES, AND STANDARDS RELATING TO THE INSTALLATION, MAINTENANCE, USE AND OPERATION OF THE PRODUCTS.
Limitations of Liability
Seller, its contractors and subcontractors or suppliers of any tier shall not be liable to Purchaser for any special, indirect, incidental or consequential damages arising from Products or from a breach of this Agreement.
Purchaser's remedies set forth herein are exclusive and the liability of Seller with respect to the breach of this Agreement or any contract entered into between the parties pursuant hereto shall not exceed the price of the Product(s) or part on which such liability is based.
To the extent that the laws of any jurisdiction do not permit limitations or exclusions of implied warranties, incidental damages and consequential damages, the above limitations may not apply. In such jurisdictions, the above limitations shall be enforced to the greatest extent permitted by applicable law.
Choice of Law and Forum; Arbitration
The laws of the Netherlands will govern the Terms, without giving effect to its conflict of laws provisions. Any claim or controversy arising in any way out of or relating to the Terms shall be filed in a court of competent jurisdiction sitting in Amsterdam, Noord Holland.
Suite Wood ("Seller") offers a guarantee to the original Purchaser ("Purchaser") only that the De La Espada product lines (hereinafter "Products") it manufactures are free of defects in workmanship and materials.
Should any failure to conform with this limited warranty appear to a Product listed below during the applicable warranty period from the date of shipment, Seller shall, upon prompt notice, repair or replace, at its option and costs, the affected part of parts.
Product and Period of Warranty
• 5 Years: tables, cabinets, beds and bedroom cabinets
• 1 Year: chairs, sofas or other items covered with upholstery, and accessories.
Exception: six months for lamps.
This guarantee does not apply to:
• Failure to follow product care instructions as supplied by Suite Wood/ De La Espada
• Damage caused by a carrier other than Seller.
• Normal wear and tear or acts or omissions of parties other than Seller (including user modification).
• Customers Own Material or other third party materials applied to Products.
• Products not installed following instructions or damaged by careless removal of packaging.
• Dramatic temperature variations or exposure to unusual conditions.
• Textiles and upholstery supplied by Suite Wood/ De La Espada.
Natural variations occurring in wood, fabric, and leather shall not be considered defects, and the Seller does not guarantee the colourfastness or matching of the colours, grains, textures or surface hardness of such materials.