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 of products with accuracy, the actual colors you see will depend on your monitor and may not be accurate.
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 warehouse storage and delivery fees one (1) business day prior to date of final 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.
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.
GOVERNING LAW AND CHOICE OF FORUM
The laws of the State of California (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 City of Los Angeles, State of California. 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.
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.
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.
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.
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.
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