TERMS AND CONDITIONS
KATHA LIVING your resource for luxury rugs and carpet.
The following Terms and Conditions govern the services provided to you by KATHA LIVING.
These Terms and Conditions pertain to all website (Site) users and purchasers of any KATHA LIVING products. No employee or other representative of KATHA LIVING has any authority to waive these Terms and Conditions. We may, in our sole discretion, modify or revise these Terms and Conditions from time to time, without specific notice to you, by posting the amended Terms and Conditions on this Site. Please read them carefully before every purchase you make through the Site. You agree that your use of the Site after the date on which the Terms and Conditions changes will be an indication of your acceptance of the updated Terms and Conditions, and that you agree to be bound by such modifications or revisions.
Further, if any term or condition on any purchase order or other offer for any KATHA LIVING goods or service is inconsistent with any of these Terms and Conditions, such inconsistent term or condition shall automatically be deemed stricken from such order or other offer, but the remainder of such order or other offer shall be unaffected by such deletion and shall remain valid and outstanding.
REGISTERED ACCOUNT
Clients must have a registered account in order to view pricing, receive quotes, request samples, place orders and have access to other features of the Site. You may not use another user’s account without their prior written permission. When you register an account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. If we believe that your registration information may not be complete, current or accurate, or that you have otherwise violated these Terms of Services, we reserve the right to suspend or terminate your account and disallow you further access to the Site. You are solely responsible for the activity that occur on your account, and you must keep your login information and account password secure. You may change your password at any time by updating your account setting. In addition, you agree to promptly notify us of any unauthorized use of your password or login information, the intentional or inadvertent disclosure of your password or login information, any other need to deactivate your account due to potential or actual security concerns, or any other breach of security. We are not liable for any damages or harm related to any unauthorized use of your password or login information, the theft or loss of your password or login information, your intentional or inadvertent disclosure of your password or login information, or your authorization to allow another person or entity to use your account or login information. You agree to indemnify the Company for any damages or losses that may be incurred or suffered by any party, including but not limited to us and other users of the Site, as a result of your failure to maintain the confidentiality of your account information, password and login information.
QUOTES / PRICES
Formal quotes by KATHA LIVING are honored for 30 days from the date of the quote unless otherwise specified. If any element of the quote is changed by KATHA LIVING on the original quote, a new date will be noted and honor period revised. The prices do not include insurance, shipping, installation or taxes. Prices are per FOB shipping point unless otherwise noted. All prices on the Site are subject to change and/or correction at any time.
RESERVES
Reserves, if any, for in-stock carpet or area rugs will be honored for 72 hours. If the product is not purchased within this time the product will be returned into inventory.
MANUFACTURING VARIATIONS
All rugs and carpets are subject to the following variations, which are not considered faults or defects:
- Size: The size may vary by +/-3% from the size ordered.
- Color: All textile fabrics have some degree of variability. It is normal for material to have dye or textural variations from samples and from dye lot to dye lot. Such variations are not a basis for a defect claim
- Colors and textures, as they appear on your computer monitor, may vary slightly from actual materials.
- Fading: Placing rugs in direct and continuous sunlight will affect color fastness. Rotate your rug to minimize damage caused by natural light.
- Design & Construction: Due to the nature of the products, minor variations in design and construction (density, thickness, etc.) may be evident.
- Shading: Due to changes in pile and weave direction shading may occur and is a natural characteristic of carpets and rugs.
- Shedding: Natural fiber rugs sometimes will initially shed loose fibers; this is a normal process.
- Pilling can occur due to traffic, moving of furniture, vacuuming or other mechanical agitation.
- Pop ups: Due to the type of some weaving, there may be short fibers popping up while the rug settles. This can be trimmed or pushed through.
- High suction vacuums can cause piling and may void manufacturer’s warranty. Dyson or similar vacuums are not recommended.
MAXIMUM WIDTH
Please note the maximum width without a seam varies between 12′ and 16’4″ depending on the material selected. For further questions please email customercare@kathaliving.com
ACCEPTANCE OF ORDERS
An order of any KATHA LIVING product offered for sale is considered firm and accepted by KATHA LIVING’s written or electronic acknowledgement of acceptance after receipt, review and receipt of partial or full payment. Prior to acceptance of a purchase order KATHA LIVING reserves the right to make changes in prices, design, construction, material and dimensions or discontinue the products availability. Customer placing any order after the posting of any such change shall constitute conclusive evidence of Customer acceptance of the current version of the product and terms and conditions of sale.
PAYMENT
All orders are subject to Cash Before Delivery (CBD). A minimum deposit of 50% of the total value of the order including sales tax (if applicable) is required on out-of-stock or made-to-order items. The full balance is due upon the completion of production of items ordered inclusive of shipping, handing, insurance and tax prior to the order being shipped.
Customer will be invoiced for the balance due on each order prior to the anticipated completion of order. Full payment is due upon receipt of the invoice. In the event a defective item is received, KATHA LIVING reserves the right to repair or replace the item. The customer has no right to refuse such reparations or replacements and agrees not to refuse, for any reason, to pay credit card charges, honor checks which customer previously authorized or delivered, whether as a deposit, storage fee, interest, late charges or any other payment or balance due.
We accept MasterCard, Visa, American Express, Discover, Maestro, PayPal and Bank Transfers. However, we reserve the right to reject, at our discretion, any method of payment.
TAXATION
Customer is solely responsible for the payment of all sales taxes or any other taxes associated with an order. If Customer wishes to have the sales tax exempted from an order as a purchase for resale the customer must provide a resale certificate or other appropriate legally acceptable document that the items are being purchased for resale. The customer is solely responsible for meeting all regulatory requirements to be exempt from any applicable state sales tax for any sale.
CHANGE ORDER REQUESTS
Any request for a change in order must be confirmed in writing. All requests for change are subject to acceptance in writing by KATHA LIVING. KATHA LIVING will give reasonable consideration to any timely and reasonable requests; however, KATHA LIVING. is not required to accept any such request as it may be difficult or not possible to make any changes once the manufacturing process has begun. Any changes which are accepted may be subject to additional charges for material, labor or administrative costs. Upon receipt of a change request, the order will be put on hold until KATHA LIVING has either accepted or denied the request.
PRODUCTION SCHEDULING AND PENDING ITEMS
We will begin to manufacture your rugs once your order has been placed and payment received. In most cases the production will take around 15 business days and approximately 10-15 business days for delivery with our standard shipping. We will do our best to inform you if your order will take additional time. Various factors affect the production and delivery of items and KATHA LIVING will not be held liable for any production delay or inaccuracy of any estimated completion or delivery dates.
ABANDONED ORDERS AND COLLECTION
If KATHA LIVING has not received all balances due within 10 days after the order has been completed and prepared for shipping, the customer acknowledges that KATHA LIVING may withhold delivery of any and all orders until delinquency is paid in full. Any invoices remaining unpaid after Ten (10) days shall incur a 1.5% per month late fee until paid in full. If any past due amount is placed into the hands of an attorney or other third party, Customer agrees to pay, together with the amounts due, all costs of collection, including reasonable attorney’s fees.
If within 30 days a completed order has not been paid in full or when it appears that the customer is unable to pay the balance due, KATHA LIVING has the option to retain the initial deposit, sell the produced product and retain the proceeds as liquidated damages incurred by the customer’s breach. KATHA LIVING and the customer agree that the forfeiture of deposits and the liquidation of the produced product as described above is a reasonable method of compensation for damages which may be incurred by KATHA LIVING as a consequence of the customer’s breach of the terms and conditions of sale.
NO CANCELLATIONS OR RETURNS POLICY
All sales are final. All goods are made to order once a sale has been made, therefore orders are not cancelable after an order has been put into production. Hence, we highly recommend you learn about our materials and request samples before you place any order for the purchase of a rug. We will ship samples on payment basis to you within 6 business days. All stated repeats are approximate,
SHIPPING, STORAGE AND DELIVERY
Shipping costs from the US warehouse to the final destination are additional. The customer is responsible for all related fees including freight, special packaging, un-packaging, VAT, installation, set up fees and insurance etc. Shipping, packaging and insurance charges are determined by the size, weight and value on destination of a purchase. Delivery options include UPS, FedEx, USPS, and shipments by a reputable carrier. Shipping to Hawaii, Alaska, Canada and anywhere outside the United States must be discussed and arranged directly with KATHA LIVING’s customer service department.
If a rug comes back to the warehouse and is marked as undeliverable the customer agrees to pay a 50% restocking fee plus return shipping cost if customer refuses delivery, this includes customer refusal to schedule delivery once contacted by delivery-company.
If your rug appears to be damaged upon delivery, refuse delivery of the rug from the shipper and call or email us immediately so that we can take proper action. customercare@kathaliving.com If the rug is delivered when you are not at home, leave the rug in the original packaging and call or email customercare@kathaliving.com We will arrange for pick-up of the rug at your cost, handle any damage claim with the shipper and arrange for a replacement.
Open and inspect your rug as soon as you receive it. Any damage to the rug must be reported within 48 hours of delivery.
Check to ensure everything is there. Do not sign for delivery until you have completely inspected the rug. If something is missing, note it on the bill of lading. Check for obvious signs of damage. If you note something that looks damaged, first bring it to the driver’s attention, take photographs, open that package, and carefully inspect the product. Note any damage directly on the bill of lading. Have the delivery person confirm the missing goods or damage by signing the Bill of Lading.
Always keep a copy of the bill of lading. We are not responsible for packages that are stolen, lost or damaged after the delivery drivers confirms delivery of your rug order. We recommend watching the provided tracking information on the day of delivery to receive the rug delivery in-person at the time of delivery.
It is the responsibility of the customer to advise KATHA LIVING of any special delivery conditions such as limited access, stairs in excess of one flight, narrow doors and hallways. Special accommodations may be arranged and additional charges are likely to be charged at a minimum of $100.00 per hour. If KATHA LIVING is not informed prior to delivery, additional charges will either be charged directly at the location or other delivery arrangements will need to be made. If the customer refuses to pay the additional fees the shipper is not required to deliver the product and previously paid shipping charges will be forfeited.
REFUSED SHIPMENTS
In the rare case that a shipment is refused or delivered product is determined defective by KATHA LIVING, we will gladly exchange the item at no cost. Shipments refused due to customer error will be charged a restocking fee of 50%, plus all freight costs incurred.
LEGAL TITLE
Legal title of orders and products remain with KATHA LIVING until receipt of all balance due payments are received. Once the item is fully paid, the title will pass to the customer and all costs of related storage, shipment or of loss or damage shall reside fully with the customer.
COPYRIGHT AND INTELLECTUAL PROPERTY
The images, designs and information contained in the KATHA LIVING Site, catalogues, brochures and samples are protected under various United States and International patent, trademark and copyright laws and are owned and controlled by KATHA LIVING. The images, designs and information contained in the KATHA LIVING sales/marketing materials are to be used solely in connection with the prospective purchase of said products, materials and services. Any other use of materials including but not limited to copying, reproduction, modification, duplication, distribution, sales, republication, display, posting, downloading, public advertising, manufacturing of product incorporating of images or design is prohibited. No trademarks may be used in connection with any product or service that is not the product or service of KATHA LIVING in any way that is likely to cause confusion among customers or the public or in any many that disparages or discredits KATHA LIVING. Customers may print, download and forward tear-sheets displayed on Site for the purposes of ordering only provided all copyright and other proprietary rights are retained.
WARRANTY
All KATHA LIVING products are guaranteed to be free of defects in materials and workmanship at the time of delivery. Manufacturing of custom goods may vary from samples and such variances do not constitute a defect. Should a product(s) be delivered in poor condition please follow the instructions under Shipping, Storage and Delivery. KATHA LIVING will make every effort to assist in the resolution of the claim. KATHA LIVING makes no warranty of any kind, expressed or implied and is not liable for any wear, tear or other changes in any product after delivery, including changes resulting from the environmental conditions or use of the product.
LIMITATION OF LIABILITY
KATHA LIVING shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, the materials and services on the Site or the performance of any of its products.
GOVERNING LAW
This Agreement is made in and shall be governed by and construed in accordance with the laws of the State of New York. Jurisdiction and venue for all litigation on Buyer’s account shall, at Riviera’s option, be in New York, and Buyer expressly consents and submits to the jurisdiction and venue of state and federal courts of the State of New York.
PRIVACY POLICY
By using the Site or by making a purchase through the Site, you signify your acceptance to our Privacy Policy. KATHA LIVING may contact you or provide service-related and/ or promotional notices by means of postal mail, electronic mail, general Site notifications and more using the contact information provided to us but will never share personal information with 3rd parties or attempt to sell information in any way.
OTHERS
The site is controlled by Katha Living, which is located in New York. The site may not be, and we make no representations that it is, appropriate or available for use outside of the United States. We don’t deliver product outside of the United States.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
All further questions or concerns should be directed to customercare@kathaliving.com