Terms of Service
DOM EU Home Decor (after this, “DOM EU") hereby adopts the following terms and conditions which shall apply to all contracts for sale, agreements, or sales (all after this "sale" or "sales") of DOM EU products (from now on, "goods"). These General Terms and Conditions of Sale may only be modified, amended, or superseded, in whole or in part, by a writing duly executed by DOM EU.
1. PRICE
All prices and services, unless otherwise provided, are net DOM EU Home Decor Inc., located in Long Island, NY, and are subject to change, without notice, to conform with DOM EU pricing indices and policies in effect on the date commences manufacturing the goods.
2. PAYMENT TERMS
The Buyer must pay a minimum of 50% of the goods price at the time of placing the order, the balance must be paid before shipping the goods. All overdue or delinquent payments will accrue interest at the rate of one and one-half percent (1-½%) per month or the maximum legal interest rate. You authorize DOM EU to charge your credit card on file with us for your orders and any additional charges that accrue. If any payment is subsequently withdrawn, disputed, charged back, or reversed in any way, you will have to pay the full amount of the sale, plus an administration fee and any additional fees incurred by DOM EU. CONDITIONS.(A) The Buyer acknowledges that the goods are manufactured and fabricated specifically for the Buyer and are not suitable for sale to third parties in the ordinary course of DOM EU business. (B) The Buyer is responsible for the sizes and dimensions of the goods to be manufactured. (C) Goods, that the Buyer requested delivered to a designated address, may be subject to freight and delivery charges. (D) Buyer may request that DOM EU warehouse the goods at DOM EU warehouse rather than accept them on the delivery date, such arrangements may be available if DOM EU has sufficient storage room at the time of Buyer's request. In such an event, DOM EU will add a storage charge, and the balance of the price must be paid before storing the goods. (E) Buyer may not claim a default or breach of, or terminate or cancel an installment contract if a non-conforming delivery is made, regardless of whether the non-conformity substantially impairs the value of the entire installment contract; furthermore, Buyer shall accept subsequent deliveries of conforming goods under the installment contract; Buyer's sole remedy shall be the rejection of non-conforming goods within 3 days after delivery, and DOM EU shall cure any such rejection by delivering conforming goods to the buyer as soon as practicable.
3. FIELD VERIFICATION
No field verification or measuring is included unless stated in writing by the Seller. The seller is entitled to rely on the accuracy and completeness of the plans and specifications provided to it.
4. LEAD TIME
Any Lead Times given to you are estimates only and are subject to change due to various circumstances. You expressly state that you have not relied upon the Lead Time given to you in any way. You should not schedule any installation or other trades until you are in possession of the product you ordered.
5. FORCE MAJEURE
Any delay or failure of seller to perform its obligations here under will be excused to the extent that it is caused by an event or occurrence beyond its control such as, by way of example and not by way of limitation, acts of God, actions by any government authority (whether valid or invalid), governmental laws and regulations not presently in effect, delivery delays by transport companies and other logistics services, fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage, accidents, labor problems (including, but not limited to, lockouts, strikes, and slowdowns) at seller's facility, its source plant or their supplier's, inability to obtain power, material, labor equipment, or transportation, or court injunction or order. The delivery date will be deemed adjusted in the individual order(s) to that effect.
6. SHIPPING
6.1. DOM EU ships its products anywhere in the United States and Canada (the buyer is responsible for filling out customs forms for shipments to Canada).
6.2. The turnaround time may vary, though not by much, and not very often. Your satisfaction is highly important to us. That said, we at DOM EU are not responsible for delays caused by issues that are beyond our control.
6.3. We are currently unable to ship to APO, FPO, or PO boxes. For your order to be processed, we absolutely must have a valid street address.
6.4. Should you give us the wrong delivery address by mistake, please contact us for correction. Should the product be shipped out to the wrong address, by the buyer's mistake, the buyer will have to take responsibility for any additional shipping charges.
6.5. Our windows and doors are shipped via freight ground services. All shipments are insured by the carrier.
6.6. Before making the delivery, someone from the freight company will contact you to schedule a drop-off day and time that is the most convenient for you. Please, make sure someone is there at the appointed time to receive, and sign for, the delivery. Failure to do so may result in re-delivery charges for which you will have to take full responsibility.
6.7. All shipments are made as a matter of course to the back of the truck only. Lift gate services, indoor delivery, and white glove services are optional. Should you require such services, you must inform us ahead of time (the appropriate charges will apply).
6.8. Drivers are not required to assist in removing the product from the truck, but they often do so because they're good and helpful people. It would only be fair if you could reward their voluntary assistance with a tip. That said, windows are a heavy commodity requiring two or three physically fit persons to get them off the truck.
6.9. DOM EU is not responsible for any damages, personal injuries, or any other issue that may occur while the product is being unloaded from the truck and carried to an indoor space.
6.10. ATTENTION It is the customer's responsibility to inspect all aspects of the delivered product and point out any drawbacks or damages BEFORE signing the delivery company's paperwork. Should the customer discover any damage to the product.
6.11. If you find any damage to the product after it has been delivered, please submit a claim within 48 hours by emailing store@eudomdecor.com with your order number in the subject line and attaching pictures of the damage. It's important to act quickly as we only have three to five business days to file a carrier claim and replace your product promptly.
6.12. Should any items be missing, please make the appropriate note in the paperwork and notify us immediately, but DO NOT REFUSE the delivery. In order for us to send you the parts that are missing, we must have pictures, or detailed descriptions, of said parts.
6.13. ACCEPTANCE OF SHIPMENT AND YOUR OR YOUR REPRESENTATIVE'S SIGNATURE ON THE DELIVERY RECEIPT IS AN ACKNOWLEDGMENT OF THE FOLLOWING:
A. THE MERCHANDISE HAS BEEN DELIVERED IN SATISFACTORY CONDITION.
B. THE FREIGHT COMPANY AND BROGAWINDOWS.COM ARE RELEASED FROM ALL DAMAGE CLAIMS.
6.14. Should the delivery driver refuse inspection, please make a note on the delivery receipt as follows:
POSSIBLE CONCEALED DAMAGE. THE DRIVER WILL NOT ALLOW ME TO EXAMINE THE FREIGHT.
- and then sign the receipt.
6.15. We will be neither liable nor responsible for any replacements UNLESS these terms are followed to the letter.
6.16. At DOM EU, we work directly with shipping and delivery companies. As our customer, you do not have to pay anything to any of the individuals handling the delivery. Any payments made by you to the carrier company or its representatives for additional or existing services are completely optional.
7. THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.