PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Michele Pelafas, Inc.. The collective work includes works that are licensed to Michele Pelafas, Inc.
Copyright 2019, Michele Pelafas, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Michele Pelafas, Inc. or purchasing Michele Pelafas, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Michele Pelafas, Inc. or to purchase Michele Pelafas, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Michele Pelafas, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Michele Pelafas, Inc. used in the site are trademarks or registered trademarks of Michele Pelafas, Inc.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Michele Pelafas, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Michele Pelafas, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Michele Pelafas, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Michele Pelafas, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Michele Pelafas, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Michele Pelafas, Inc. product is mistakenly listed at an incorrect price, Michele Pelafas, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Michele Pelafas, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Michele Pelafas, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Michele Pelafas, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Michele Pelafas, Inc. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Michele Pelafas, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Michele Pelafas, Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Michele Pelafas, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Michele Pelafas, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Michele Pelafas, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Michele Pelafas, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Michele Pelafas, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Michele Pelafas, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Michele Pelafas, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Michele Pelafas, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Michele Pelafas, Inc., Michele Pelafas, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Michele Pelafas, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Michele Pelafas, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Payment & Fees
Michele Pelafas, Inc. requires a 100% payment upon the acceptance of the order with the payment due in full prior to commencing production. Michele Pelafas, Inc. will store completed orders for 30 days. If order is stored beyond 30 days, a 1.5% per month storage charge will be applied. Orders held in storage over 6 months will be considered abandoned and will be disposed of at the discretion of Michele Pelafas Inc. The items on this order do not include sales tax however if it is determined that sales tax is applicable, it is the responsibility of the client to pay the required amount either through Michele Pelafas, Inc. or directly to the taxable county, state or Federal facility. Fees do not include any duties or taxes for international shipments. Shipping charges listed are subject to change unless otherwise noted.
Lead Time
Lead times quoted are important to us. Michele Pelafas, Inc. shall make every reasonable effort to meet the estimated delivery date but cannot be responsible for order delays due to material shortages, strikes, accidents, and delays beyond our control. Check with Michele Pelafas, Inc. for current status lead times for the item(s) you are ordering. This lead-time does not include transit time of freight lines to your location. Delays beyond our control with shipping companies, freight, ocean transit and customs will not be subject to a refund of any sort associated with costs because of these delays. We do not recommend scheduling a plumber or installation prior to receiving your shipment. Michele Pelafas, Inc. is not responsible for plumbing, contractor or installation costs associated with any delays.
Delivery
Your order and products are important and deserve care and attention. Your products are shipped in such a way to prevent damage in shipping. It is possible that certain items may deliver separately from a different carrier and tracking number. Once you are notified that your order is complete, there can be up to a 7 to 10 day transit time for shipments within the 48 contiguous states. Normal delivery times are Monday to Friday 9am to 5pm with a 4-hour window. Weekend delivery requests and shorter windows are an additional charge and may not be available in all cities or states. Very important! Inspect your shipment as soon as it arrives and before the driver leaves. Freight damage rarely occurs however, should you discover damage, you have two options:
1. Keep the damaged product if it is still usable and you need it for a critical opening date or installation and note the detail of the damage on the bill of lading.
2. Reject the damaged product and note the damage on the bill of lading (preferred method for ease of freight claims)
If you are unable to fully inspect the shipment prior to the driver leaving, please note on the bill of lading: “Unable to inspect furniture prior to driver leaving”.
Items are also shipped tailgate delivery unless otherwise specified. This means the shipping company brings the shipment to the curb or loading dock only and the owner is responsible for bring the goods inside. Inside and white glove delivery is available for an additional fee. Installation is not included with any order unless specified.
Building Codes
Michele Pelafas, Inc. is not responsible for determining if the goods in this contract meet the applicable code requirements in your area. You are responsible for checking local Building Codes.
Representation
Michele Pelafas, Inc. makes no representation as to variation in the appearance of merchandise depicted by images on this site including custom variations made to client specifications, color samples, catalogs, brochures, or other printed online materials, nor as to any variations of color between different lots of the same color-coded item.
Returns & Exchanges
For standard product returns and exchanges, restocking fees may apply. For special order items, returns are not accepted.
Product Warranty
Our products are covered by a full year 365 day limited warranty. To ensure your complete satisfaction, we warrant to the original purchaser that our furniture and equipment is free of manufacturing defects. Repair or replace is at our option. We reserve the right to make substitutions with similar merchandise if the model or parts are no longer available. This warranty does not cover acts of nature, fire, freezing, abusive use or damages incurred during installation with mishandling. Accounts must be current and warranty items must be paid for in order for warranty action to be valid.
White Fabrics & Color Transfer
All of our fabrics are commercial grade and are the highest performing vinyls and fabrics on the market. While they are a superior product, certain products such as hair color and dye from clothing including denim jeans can transfer onto our seating and stain. Michele Pelafas, Inc. will ship these upholstered products in pristine condition, however, the client acknowledges that white or light upholstery is a risky color in a commercial environment and that color transfer from clothing can appear on our seating and is not the responsibility of Michele Pelafas Inc.NOTE: Back Massage will increase the likely-hood of color transfer from clothing onto the back cushion as friction between fabrics can cause micro-breakages in the clothing fibers and lead to the release of dye. Client acknowledges that Michele Pelafas, Inc. is not responsible for color transfer from clothing that can form in a series of two distinct columns where the back massage rollers track. A protective, disposable cover is recommended.
Disclaimer
Michele Pelafas, Inc. reserves the right to make changes in design, features and materials, as well as discontinue parts, pieces, features and units when such action is deemed necessary