Terms Of Sale

TERMS OF SALE

The following Terms and Conditions of Sale govern the sale of merchandise by Luca Casa to you through the www.lucacasa.com Site and through our Interior Design Service. The Terms and Conditions listed herein are applicable towards all domestic and international sales and accounts. Your use of the www.lucacasa.com Site and your use of our Interior Design Service to purchase merchandise declares your agreement to follow and to be bound by these Terms and Conditions of Sale.

PRODUCTS & ORDERS

Every order is subject to an order confirmation from Luca Casa. Please note the merchandise arranged on the Site or in the material we present by email may be discontinued or depleted of its stock and availability can not be guaranteed. While we make our best attempts to display the colors and materials of products with accuracy, the actual colors you see will depend on your monitor and may not be accurate.

Client fully acknowledges, accepts and agrees that immediately upon Client's verbal or written approval of any Luca Casa design, Luca Casa will promptly place orders with vendors to ensure that all approved items are purchased and shipped to Luca Casa's designated receiving warehouse. Client shall pay all applicable phase deposits towards any and all approved items upon receipt or as otherwise stated in any Luca Casa invoice.

PRICING ON DOMESTIC SALES
WITHIN THE UNITED STATES

All prices on our quotations, invoices, and on this Site are in US Dollars. On occasion, prices may change without notice. The total amount due on an order shipping within the United States is inclusive of sales tax. Sales tax is applied in accordance with applicable state and local regulations based on your shipping address. Any applicable sales tax amount is indicated on the payment page of the cart or at the bottom of a quotation or invoice. Various factors may determine the total sales tax charged on your order such as the type of item purchased, sales price, and destination of the delivery. The sales tax assessed on an order may change at any time from the time you place an order and the time of credit card charge authorization, which may affect the calculation of sales taxes. The total amount appearing on your payment page of the checkout process may differ from the final sales tax charged as indicated in the order confirmation or invoice you will receive after placing your online order with www.lucacasa.com. For onsite interior design installations, all applicable merchandise ships directly to Luca Casa’s receiving warehouse in Los Angeles where the merchandise is received, inspected, and prepared for delivery on the day of installation. White glove delivery rates vary and are dependent upon the size of deliveries. All fees associated with warehouse storage and white glove delivery are the Client’s responsibility and not the responsibility of Luca Casa. Client shall pay for all merchandise, warehouse storage fees, delivery fees, and any ancillary fees related to the project at least two (2) business days prior to a delivery or installation.

PRICING ON INTERNATIONAL SALES
OUTSIDE THE UNITED STATES

All prices on our quotations, invoices, and on this Site are in US Dollars. On occasion, prices may change without notice. The total amount due on an order shipping outside the United States is not inclusive of any customs, duties, taxes or brokerage fees. All of these fees are considered your responsibility. The total cost for transportation is calculated during the time your order is processed. These transportation fees include the cost for shipping, the cost for fuel surcharges, and the cost to fully insure your order being shipped. Once we have concluded the cost associated with shipping your order to its destination, we will email you an invoice reflecting the final total including the transportation costs. As mentioned, this final invoice will include the transportation costs but is not inclusive of any customs, duties, taxes, or brokerage fees unless otherwise stated. The total amount appearing on your payment page of the checkout process will differ from the final amount charged as indicated in the order confirmation or invoice you will receive after placing your online order with www.lucacasa.com. We will proceed with processing your order for international shipment only after we have received your emailed approval for the final total amount as reflected in your final invoice.

DELIVERY FOR DOMESTIC & INTERNATIONAL ORDERS

You are responsible for the shipping costs associated with the delivery of the products you purchase through our Interior Design Service and on the www.lucacasa.com Site as specified on your order confirmation. As with any shipment, risks of loss and damage can occur to the product(s) being shipped at any time during transit. While these unfortunate scenarios are out of our control, we will be there to assist you in the event of any loss or damage associated with your order, granted that you provide us with prompt notification of no longer than forty-eight (48) hours after receipt of a damaged item and no longer than forty-eight (48) hours after receipt of notification from the courier regarding the loss of a package. Once an order has been processed for shipment, it is to be considered as shipped. Please note, clients are prohibited from being on-site at any point of time during any of our interior design installations in accordance with the terms found in our Project Timeline and we are unable to make any exceptions to this policy.

Quoted delivery dates are approximate dates only. We shall not be responsible for any delay in delivery or failure in performance for any cause beyond our reasonable control (including but not limited to labor disputes, failure or delay of sources to supply, transportation difficulties, accidents, fires, or acts of God) or any event which interferes with our normal business operations or service.

Any Merchandise not accepted for delivery within thirty (30) days after notification is subject to storage charges as determined by us. You will bear the risk of loss or damage during such transfer and storage.

Please refer to our Delivery & Shipping Policy located in our Customer Care section for additional instructions on the appropriate steps to take in the event of a lost package or the receipt of a damaged item.

RETURNS AND REFUNDS

Please refer to our Returns Policy and our Payment Policy in our Customer Care section, which both form a constitutive part of these Terms and Conditions of Sale.

Invoicing and Payment

Payment towards all invoices are due within two (2) business days from the issue date on all invoices and balance invoices, unless otherwise noted or instructed. Failure to render payment in a timely manner will result in an immediate ceasing of work. A resumption of work will begin upon receipt of the outstanding payment. In the event of any delays such as permits, design changes, or outstanding payments, Luca Casa will not be held responsible for the loss of any contractors or sub-contractors and/or their refusal to return to the Project. Luca Casa does not release any of its own vendor, manufacturer, factory, or broker documents, receipts, and invoices to clients as these documents hold proprietary and confidential account information. After completion of the design process where all item selections are finalized and received at our warehouse, one final Luca Casa invoice for all purchases, broken down by room or area, will be provided by Luca Casa upon request of Client. Any remaining payment due towards a final balance invoice must be rendered and received by Luca Casa's bank prior to our interior design installation of any furniture and decor.

GOVERNING LAW AND CHOICE OF FORUM

The laws of the United States (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these Terms and Conditions of Sale shall be brought solely in the United States. With respect to international sales, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

SEVERABILITY

If any term or other provision of these Terms & Conditions of Sale are determined to be invalid, illegal, or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of these Terms & Conditions of Sale shall nevertheless remain in full force and effect so long as the economic or legal substance of the transaction(s) scrutinized hereby is not affected in any manner materially adverse to any party. Upon a determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these Terms & Conditions of Sale so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions scrutinized hereby are fulfilled to the extent practicable.

PRIVACY

Our Privacy Policy's terms and conditions govern the collection procedures of an individual's personal data as it relates to your purchase of products through the www.lucacasa.com Site. Please refer to our Privacy Policy for further details.

BINDING AGREEMENT

These Terms and Conditions of Sale, Site Policies, and our order confirmation, shall be considered the final agreement between you and us regarding the matters comprised in these Terms and Conditions of Sale.

FORCE MAJEURE

Luca Casa shall not be liable for any failure in its performance caused by circumstances beyond its reasonable control.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS AND CONTENT INCLUDED IN THE www.lucacasa.com SITE NOR AS TO THE MERCHANDISE BEING SOLD ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER RENOUNCES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO SUGGESTED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE INCLUDED ON OUR ORDER CONFIRMATION. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE www.lucacasa.com SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. VARIOUS STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT BE APPLICABLE, AND YOU MAY BE ENTITLED TO ADDITIONAL RIGHTS.

By entering your provided password and proceeding forward to view our designs on our Website, “www.lucacasalounge.com/”, you agree to Luca Casa’s terms found on www.lucacasa.com/terms. The project graphics, renderings and text provided in all contents of our designs found on www.lucacasalounge.com/ are the property of Luca Casa and are protected by the U.S. copyright laws. Unauthorized reproduction, display or other dissemination of such materials is strictly prohibited and constitutes copyright infringement. Additionally, this Website may contain or reference trademarks, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Luca Casa and/or other parties. No license to or right in any such trademarks, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Luca Casa and/or other parties is granted to or conferred upon you. All media displayed is not to be reproduced or distributed in any capacity, including but not limited to, sharing, printing, screen captures, and downloading—without the written consent of Luca Casa. Each individual or party who accesses this Website is deemed to have agreed to these terms.

Any renderings and depictions found on this Website are conceptual only and are for the convenience of reference. They should not be relied upon as representations, express or implied, of the final detail of a design. Luca Casa expressly reserves the right to make modifications, revisions, and changes it deems desirable in its sole and absolute discretion. All depictions of appliances, counters, furnishings, finishes, lighting, plumbing fixtures, soffits, floor coverings and other matters of detail are conceptual only and are not necessarily included in each design. Dimensions and square footage are approximate and may vary with actual design and construction implementation.

Our design presentations are very time-sensitive deliverables and expire within twenty-four (24) hours of their delivery date and time. If any required phase deposit(s) are not provided to Luca Casa by Client prior to or within the twenty-four (24) hour window after a presentation is delivered, then a project will be considered to be placed in a hold status until the required 50% phase deposit is rendered to Luca Casa by the Client, which will then and only then, also reactivate presentation access to the Client.

Non-Responsiveness: If you engage Luca Casa’s services and are non-responsive to emails and phone calls (at the email address and number you provided to Luca Casa) for a period of ninety (90) days or more, then, any and all funds or payments you made to Luca Casa become one hundred percent (100%) earned by Luca Casa at such 90-day point in time.  Subsequent to such ninety (90)-day period of time, Luca Casa shall have no obligation to you to provide goods, services, or a refund of any kind.

Client grants the right to Luca Casa to document Luca Casa's work by taking photography and videography on a Client's project and to publish such media on Luca Casa's website and in marketing and promotional materials for Luca Casa. All documented media is the property of Luca Casa.

These terms and conditions are subject to change without notice, from time to time in our sole discretion. Any amendments to these terms and conditions will be posted to this website, acting as notification.

ALL MODIFIED TERMS SHALL BE EFFECTIVE WITHIN SEVEN (7) DAYS OF THEIR MODIFICATION OR ADDITION TO THE LUCA CASA WEBSITE. IT IS THE CLIENT'S RESPONSIBILITY TO CHECK THE TERMS ON THE LUCA CASA WEBSITE FROM TIME TO TIME TO BE AWARE OF ANY MODIFICATIONS OR ADDITIONS.

End of Terms