Terms and Conditions
General Terms and CONDITIONS
This document defines the Terms and Conditions of Domaine Luxe - Client cooperation. All services provided will be subject to the outline in your Agreement and the following as we strive to provide stellar service to fulfill your project goals.
General & DESIGN T&C:
Design Project Service and Warranty: Designer’s drawings or renders are intended for conceptual design, to set forth design concept intent only. Designer is not and does not purport to be a contractor, contracting service, or architect, and does not hold a contractor’s license and does not perform or offer services that a contractor would provide. We do not provide architectural, construction or engineering services and do not take responsibility for the design of structural elements, framing details, plumbing, electric, HVAC or mechanical and technical systems to be installed. If required by the project, we will work with appropriate professionals.
The Client will contract directly with vendors, and we will coordinate our work with theirs but we are not responsible for the means, methods, procedures, government or HOA permits needed, of construction, fabrication, delivery, installation, or safety precautions in connection with work product or schedule, or of permit. Vendors are responsible for onsite measurements and installation.Designer will not:
o Be held responsible for damage to the home caused by contractors during installation.
o Be held responsible for damage to products due to improper installation by contractors.
o Be held responsible for timeline and/or scheduling, HOA delays, acts or omissions, quality issues caused by contractors, distributors, vendors, or manufacturers.
Warranty: Designer makes no representations, and expressly disclaims all warrantees above the suitability, for any purpose, of design suggestions, which are provided “as is” without expressed or implied warranty of any kind.
o Warranties for furnishings or fixtures are stated by manufacturers of product and held between Client and manufacturer. We are not obligated to engage in, initiate or support warranty claims. DOMAINE Luxe does not make any representation or warranty regarding the execution, means or method of construction or any changes to specifications or regarding the quality of goods or materials supplied, and/or installed in connection with the project, including any representation or warranty that such goods or materials are free of defects, fit for the purpose intended or are merchantable.0 If requests are made to re-source replacement items due to unforeseen circumstances that may arise or in the event that the conditions of items arrive in an unsatisfactory manner, additional services not initially allotted for this in the scope of work may be required and billed at our hourly rate with a minimum of 3 hours per item.
0 The client shall indemnify and hold harmless DOMAINE Luxe, its agents, employees, successors and assigns in respect of any claim based on recommended products that may go on backorder, become discontinued, arrive damaged or in a different state to samples in a showroom or at a store.
Held Harmless: DOMAINE Luxe and Designer shall be held harmless for any inaccurate information provided by the Client.
Hours of Work and Communication: Our normal working hours are Monday through Friday 10:00 – 5:00. Though we may choose to work later at off hours at our discretion, Client interface outside of those hours may be billed hourly as additional fees at time and a half. We respect your time and your budget immensely, therefore all communication takes place via in-person meetings, email or phone calls during stated hours.
We request that texts are used only for communicating regarding appointment eta’s or for a rare emergency. Designer will determine the need to respond to text and emails outside of normal business hours. If time is of the essence then Designer will try to respond within an appropriate amount of time otherwise, responses will be delivered the next business day.
Scope of Work Changes: The Scope of Work is clearly defined in the Agreement. A Change Order is necessary if an element changes and adds to the Scope of Work (SOW) as stated in the Agreement. Any additional design services required and not in SOW and inaccuracies in design or drawings by others needing a change to our SOW, requires a Change Order, as an addendum. This may affect budget and schedule. If approved by Designer, additional costs and timeline adjustment will apply. This CO will be paid by Client to Designer at time of service, or in advance at an hourly rate of $300 per hour. An additional Retainer may be required. If changes or modification to the designs are made without the written authorization of a Change Order request by client or knowledge of the Designer, the Client agrees to release the Designer from all claims and causes of action arising from such uses or changes and shall indemnify and hold them harmless from all costs and expenses needed to correct. If at any point, Client changes the SOW, without our knowledge or consent, buys an item direct as listed in the SOW, affecting our design plan and reducing our spend amount, without going through us for the requested change and procurement, Client owes and agrees to reimburse DOMAINE Luxe an hourly charge for time spent designing or sourcing that item, usually at a three-hour minimum, plus a 25% procurement fee of the retail price quoted to client.
Schedules and Timeline: The Client will supply information and decisions in a timely fashion to move the project along the timeline. Purchasing decisions after presentation should be finalized and completed within two business days to ensure availability and pushing forward in an expeditious manner.
We cannot meet projected schedules if we do not have reasonable time to perform the work, if decisions are not rendered expeditiously, or if circumstances beyond our control preclude our ability to do so. We will do our best to notify you of timing, and hold vendors to the schedule as contracted or requested by the Client. Any changes will effect schedule.
Interior design is a luxury service, and great design takes time. We do not design around deadlines such as holidays and events. We will make every attempt to accommodate such requests however we cannot guarantee that we will meet a specific deadline. The estimated start date is based on a number of factors. We cannot guarantee a start date but do our very best to begin your project as soon as we can. Often, this means your project will begin before the date listed. However, in rare cases, delays outside of our control might mean a slightly delayed start date. We take into careful account all of our client's needs and will not commit to projects where we cannot devote our entire attention to each individual client. The timeline for completion may be estimated to be 20 weeks after the execution of the Agreement, contingent on timely payment in accordance with the Agreement. This timeline may vary based on item availability, vendor shipping, coordinating installation, and other factors. In the event that a project needs to be placed on hold, or is for reasons listed within the Terms and Conditions outlined here, Domaine Luxe will make every effort to accommodate a new timeline but makes no guarantee.
We request Client makes timely decisions. For projects where the Client has not responded to the Designer, after 3 consecutive Designer communications, that project will be archived. If, in the future, the Client wants to resume the project, the Client can resume for a fee designated by the Designer.
We understand delays, thus, the services are allowable for up to a total of sixty (60) calendar days from time of signing Agreement, if requested, unless otherwise stated in the Agreement. Services are forfeited at that 60 day time of expiration. An additional restart minimum $2500 Design Fee will be assessed and applicable to return to the Domaine Luxe schedule.
Fees are non-refundable.
Purchased Goods: Designer will invoice Client for all approved items.
Payment is due upon receipt. Item will not be ordered until full payment is received if the retainer is not on account.
No item returns or exchanges will be made unless an item is damaged, see section below.
Designer assumes no liability due to the quality of items or services purchased for the Client.
No items will be delivered until full payment of all outstanding balances are paid. This is required in order to set installation delivery date.
Client Supplied Goods: Client assumes responsibility to have all necessary items, parts, merchandise that we agreed upon at beginning of contract and gathered on job site at start of job. We will not coordinate delivery or installation of materials/furnishings not ordered by/purchased through DOMAINE Luxe. We do not service or install goods we did not agree to as stated in agreement contract.
Delivery: All our wholesale products must be delivered via our White Glove delivery service based on manufacturer agreement, OR picked up by a General Contractor to ensure quality. The Client shall not pick up wholesale furniture, lighting, or accessory purchases at our receiver’s warehouse. See more on Orders, Returns and Shipping below.
Client Product Retrieval: The Client may, at the Client’s own risk, have a General Contractor pick up flooring and tile from company’s trusted Vendors, with prior approval from us. This is the only product exception (see Delivery above). DOMAINE Luxe will not be held responsible for any damage or quality issues found after a product leaves the Vendor’s warehouse.
Retail Shipping: DOMAINE Luxe does not receive or deliver any products chosen or purchased directly by the Client. All retail products will ship directly to the Client. The Client is responsible for inspecting all retail products at the time of delivery. If quality issues arise after the item is delivered, the Client will be held responsible for coordinating any exchanges or returns for the applicable retail product.
Retail Shopping: DOMAINE Luxe does not split retail discounts with the Client. If the Client wants DOMAINE Luxe to procure retail products, or purchases a VIP Designer Shopping service, we will do so at the regular flat or hourly rate and will charge the MSRP price for all such products plus add a 30% administrative procurement fee on top of the cost of the item. This compensates DOMAINE Luxe for intellectual property and time spent selecting, sourcing, and pricing item to be used in executing the plan, ordering, tracking, receiving, installation, inspections and trouble shooting problems which may arise.
Revisions: This service comes with one revision. The client has 2 days to report any revisions that affect the design, including but not limited to: furnishings, accessories, finances, etc, in writing. If no answer has been received within 3 days, Domaine Luxe will place the project on hold (see: "Timeline" above for further details).
Procurement: Project Management is a critical aspect of luxury interior design as it includes careful planning, attention to detail, and helps ensure the project is completed on time and budget, within the client’s satisfaction. The procurement fee is a part of our full service management, using our expertise allocating resources and time, sourcing, selecting, pricing and purchasing product from private and custom vendors on behalf of Client to execute, ensure and deliver a cohesive design according to plan based on our Intellectual Property. DOMAINE Luxe offers competitive pricing and in accordance with the agreement terms set by our to the trade only manufacturers and vendors. DOMAINE Luxe does not share trade pricing nor do we price comparison shop to ensure the absolute lowest price for all products. We aim to be lower than the Manufacturer’s Suggested Retail Price but cannot guarantee the lowest price due to specials, sales, or non-evident product difference as product may be value engineered to look similar. In addition, the Client also receives and benefits from our total procurement management. This service includes sourcing, pricing, coordination with vendor for accuracy, ordering, producing Purchase Orders, confirmation and tracking, shipping delivery coordination, product inspection, quality assurance, installation oversight and styling which is not available from online discount sources. Client agrees that all materials and products are sourced and procured exclusively through us. If Client buys something direct as sourced and presented by us with our intellectual property, without going through us for procurement, Client owes and agrees to reimburse DOMAINE Luxe an hourly charge plus 25% procurement fee on top of retail price. This compensates DOMAINE Luxe for our Intellectual Property and time spent selecting, sourcing, and pricing item to be used in executing the plan. Client receives the benefits of our vendor relationships, but vendor or vendor invoice is not disclosed as this is proprietary trade. The Client will arrange for access to the site as needed and supply timely answers.
Non-construction Vendor Services: DOMAINE Luxe does not perform any contractor services, such as painting, installing tile, hanging drapes or artwork, etc.
Trade Showrooms: DOMAINE Luxe does not permit the Client to enter trade-only showrooms without company’s express written consent. DOMAINE Luxe may invite the Client at our discretion.
Removal of Goods: The Client is responsible for the removal of furniture that is not staying or in the way of renovation. We may assist if the Client wants this removal service; we charge hourly for this service plus mover costs.
Retainer: Client agrees to compensate the Designer in advance to guarantee time allocated and reserve future and ongoing services especially at the end of Project until the Project Scope of Work is complete. Client agrees to provide the retainer as deposit equal to at least 80% of overall goods investment determined to begin Project procurement. The retainer is non-refundable. If the retainer doesn’t cover the initial scope services, goods and labor, then additional compensation of flat fee or hourly will be required along with additional retainer on account. Client has access to see retainer balance in client portal. DOMAINE Luxe will also collect a Contingency Retainer fee of $7500 along with the Design Fee as detailed above. This retainer is held as payment security to cover unforeseen expenses or changes that may arise during the course of a project as well as additional costs that were not originally accounted for in the Agreement proposal. This Contingency Retainer is specifically used to cover items listed under Fees Not Accounted For, any additional reimbursable expenses or wherein DOMAINE Luxe attempts to photograph the project but is not allowed to. Any unused Contingency Retainer amounts will be returned at the Project’s Closure after professional photography.
Late Fees: Invoices for any service or goods are due upon receipt. We allow 2 calendar days leeway for holiday or weekend. Late payment will assess a fee of $75 at 5 days. If payment is not made within 7 calendar days, the Design Project will go on pause. The Designer holds the right to reschedule the Project as the schedule allows. No deliverables will be presented to the client or contractors perform on the Project. No work will be completed, no deliveries will be scheduled, nor additional services rendered until fees are paid. The Project will be delayed. Additionally, the Designer will have to reselect items and request new pricing as needed due to price fluctuations, discontinued or out of stock items. The Client will be billed for all services at the hourly rate. If fees are not paid within 30 days, the Project will be canceled. If the client wants to resume the Project, a formal meeting will occur at the expense of the Client with revisions to the Scope of Work, design, budget, and time frame. Project may continue with the Designer’s approval including an increase in rates if applicable. The retainer will be applied to any outstanding amounts. The Client shall pay the Designer for all merchandise on order, shipping, receiving, delivery, administrative costs and outstanding time and any other out-of-pocket expenses for the project due immediately.
Liability: Neither the Designer, Designer’s Consultants, nor their agents or employees shall be jointly or individually liable to the Owner for an amount in excess of the sums paid to Designer for Project Agreement.
Insurance: Clients agree to have adequate insurance coverage for all furnishings and materials during handling, moving, storage, and installation at your property. We are not liable for any mishaps with your items in the way during an installation.
Marketing, Photography: Client agrees to allow Domaine Luxe Designer and/or Designer's representatives to photograph Project during all stages of Design Services including when project is complete. Photographs will be used for business purposes, including, but not limited to portfolio, press, publications, online, social media, marketing, advertising, and print. Designer will not disclose address or Client’s name without prior consent. Costs of photographs and publicity are the responsibility of the Designer. If Client or Client's agents document the Project, Designer shall be given credit for their work if documentation is released publicly, see Intellectual Property. If Client declines to allow the photography shoot of the designed SOW area to occur at end of project, or project is altered without Designer consent, or terminated by Client unexpectedly, an extra 10% fee of total fees billed or $5000, whichever is greater, will be added to the final design fee invoice. Designer will be allowed to place a code compliant sign at the site until the project is completed.
Project Management: Any consulting, engagement, coordination, leading, being present at, supervision, and implementation of trade vendors for their installation or service is payable to Designer at 25% Project Management fee of the vendor’s invoice for total job costs of the trade vendor, including product purchase for any service. The Client is obligated to pay the licensed trade vendor directly upon Designer receiving trade invoice, once approved, or with completion of work as approved. The 25% PM fee must be paid to Designer upon receipt, within the standard 2 days grace period based on the vendor’s billing of service or product to Client. Any time a Client asks the vendor to perform services outside of the agreed-upon scope without the Designer's consent, the Client will be charged a 25% PM fee of the total amount the vendor invoiced for the service or product.
Project Minimum Expenditure: To provide our best work, we have found that a minimum investment (Product Fee of Furniture and Accessories) is required for a single space. This is a minimum and not in any way a budget. Because this fee is a standard flat fee and does not apply to your specific project, it is highly unlikely that Domaine Luxe can execute the design for this amount. This fee covers products for furniture and accessories only and our time spent for the design of these products as project fees are based on this and discounted to be reflected of that. All project management, hard finishes, products as it relates to construction, designer fees, and installation fees are not included. In the event that the minimum cannot be met, we will charge a fee equal to 50% of the amount unmet, with no product.
Scope of Work and Phase Completion: It’s up to the Client to sign the agreement and remit payment for the next phase. Failure to do so within 7 days will result in project termination at the last completed phase.
This service closure is determined by the Scope of Work. The service is considered closed when the Scope of Work has been finalized, assuming timely payments.
The service completion dates cannot be guaranteed and are contingent on vendor availability. Therefore no project completion dates are given in your proposal. We do not design around time constraints such as events, holidays, or other timelines.
Service Fees Not Accounted For: Our Design Fee does not include any time expended by us by reason of any one or more of the following:
Services in addition to the Scope of Work will incur an additional fee to be proposed and accepted by the Client prior to services being rendered and will be captured in an Addendum to the Contract or hourly fee of $300 per hour of service relating to such scope change will be charged.
Fees applicable for project management, construction, construction documentation, or relaying construction information to third parties. This includes information relevant to the upgrade of architectural elements in a home as deemed and designed by Domaine Luxe unless your service contains "Construction Service". Fees are charged at 25% of vendor invoice.
Hourly fee for Design Only agreement, if Project Management is not included with project agreement, there is hourly fee for site visits once the design is implemented and or any vendor involvement necessitates our providing answers to queries or information.
Monthly communication fee covers all emails, phone calls, texts and FaceTime with all involved on the project.
Travel outside our typical home base area, or for outside the Scope of Work.
Time expended in connection with custom-designed furniture and furnishings including design time, drafting time, administrative time, production oversight, sample oversight, and some final styling items.
Material revisions are required to be made by us because of inconsistencies in instructions, information, or plans previously provided by you, your architect, or your other consultants.
Consulting with Client or Client’s vendor regarding items supplied, purchased and requested by Client or outside of Scope of Work.
The Client has requested more than two (2) choices for a particular item or any additional revisions beyond the allotted one revision.
Intellectual Property: Our designs and specifications are proprietary and our intellectual property; Designer shall retain ownership of the design and instruments of service, including but not limited to drawings, details, renderings, sketches, samples, specifications, and documents related to this project. Ownership shall include copyrights, trademarks, patents, intellectual property, or other proprietary rights existing in design. Client shall not claim, copy, share or use design for completion or additions to the Project or any other project by themselves or by others, as protected under law, without explicit written permission and compensation of Designer.
Force Majeure Event: If an unforeseen event, or a series of related events, like hurricane, pandemic, or crisis beyond the parties' control occurs or intervenes, it may temporarily delay obligation to perform due to law, lack of goods or labor. If this is outside the reasonable control of the party affected, all obligations may be suspended, or only a subset of obligations may be suspended. With awareness, 1.) each party will notify the other, and 2.) inform the other of the period for which it is estimated that such failure or delay will continue. The affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.
Postponement: Client has up to 60 calendar days from the effective date of notified service that is completed to view plan or use the services, and any unused hours shall be forfeited after. This ensures your design plan keeps current, and Designer has time available to service clients. If Client needs to postpone beyond 60 day allotment, a new Agreement will need to be drafted with an additional minimum $2500 Design Fee assessed.
No Show or Cancellation: If client needs to cancel an appointment, we request 24 hours notice in advance. Less than that or No Show to appointment will result in a one hour fee will be invoiced to account.
Termination: It is presumed that the project will be completed. However, a Design Agreement may be terminated by either party upon the other party’s default in payment or performance, provided that termination is given by written notice specifying the nature and extent of the default, and such party fails to cure the default within 30 (thirty) days from the date of receipt of notice. In the case of default or early termination on the part of the Client for any or all terms of this contract, the retainer and monies paid will be forfeited and the Client will remain responsible for all fees, time charges, outstanding obligations and items of merchandise and services on order. All rights and obligations, which are, by their nature, continuing, include but are not limited to indemnification, payment obligations, our right to withhold merchandise in the event of your non-payment, and our right to use photographs of the Project, and shall survive termination or expiration of this Agreement. Our failure or delay at any time to exercise any right under any provision of this Agreement shall not limit or operate as a waiver of such right; nor shall our waiver of any breach of this Agreement operate as a waiver of any subsequent breach of the same or any other provision of this Agreement. Disputes will be resolved through mediation, private arbitration, in Palm Beach County court, and or including property liens due to client non-payment for goods or services in accordance with Florida Statute 713, at the discretion of the Designer and we shall be entitled to reasonable attorney’s fees and costs associated with the action. This agreement is governed by Florida law. The parties agree that the terms of this Agreement may be changed only by a written amendment signed by both parties. No oral changes or waivers are permitted or binding.
Non-Disparagement: Each party agrees that neither it nor any of its directors, officers, shareholders, employees, or agents shall say, write, or cause to be said or written any statement that is defamatory, derogatory, or disparaging of the other party whether in print, electronically on any public or social platform.
Hostile Environment: Client acknowledges and agrees that Designer has an expectation of, and is entitled to, perform work under this Agreement in a non-hostile environment free from belligerence, verbal abuse and profanities from Client or anyone acting on Client’s behalf. In the event Client or anyone acting on Client’s behalf is belligerent, verbally abusive, rude, hostile, threatening or otherwise uses profanities toward any of the Designer’s employees, agents, representatives, or any subcontractor, laborer or material vendor men, who performs any part of the Work under this Agreement, said conduct shall be considered a material breach of this Agreement and Designer, in her sole discretion, shall be entitled to terminate this Agreement without prior notice to Client. Client agrees that he or she has the ability to choose to refrain from being belligerent, hostile, verbally abusive or otherwise use profanities, and therefore does not need prior notice of Designer’s decision to terminate this Agreement in the event Client is hostile, verbally abusive or otherwise uses profanities. In the event Client elects to terminate this Agreement, client shall remain liable to Designer for all unpaid Work performed by or at the direction of the Designer.
Miscellaneous: This Agreement sets forth the entire understanding between the parties and supersedes all previous agreements, arrangements, and understanding between the parties, whether verbal or written; it is non-transferable; it may not be amended except in writing and signed both by both parties. This agreement shall be governed by, construed and enforced in accordance with the laws of the state of Florida without regard to the conflicts of law principles thereof. An electronic signature shall serve as an original signature. This agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall, when taken together, constitute a single document.
ADDITIONAL STAGING t&C in conjunction with above:
Photography and Publicity: Client agrees to allow DOMAINE Luxe to photograph the property before, during, and after styling or staging, and allows the use of all photos for the purpose of reference or marketing materials. Client's contact or address will remain confidential. DOMAINE Luxe will prep home to be photo ready but does not pay for a professional photographer to shoot for listings. No aspect of our design or furnishings can be used for any purpose or for other virtual stagings. Client agrees that photos shot of the staging for their listing can only be used for that particular listing. Client agrees that photography will not be scheduled until no sooner than after the next day staging is completed. Client agrees to use professional photos only, and provide a photography link to professional photos.
Company Marketing: Client agrees to company's marketing materials being visibly available in staged property. Client agrees to company being present at any real estate openings. Client agrees not to schedule any open houses until no sooner than the day after a staging is completed.
Replacement of Damaged or Missing Goods: Client agrees to protect any and all of company's rented goods on property. No company items are to be used, moved or removed from property. Pets and smoking aren’t allowed on premises. Items must be returned in same shape or condition as arrived. If any items are damaged, broken, missing or otherwise gone, Client agrees to replace at full retail replacement value plus a 20% up charge fee to entire monthly cost. Bedding and linens are for show only and not to be used. If a vacant staging is occupied by owner or rented, and staged beds are used, an automatic increase of 50% of monthly charges will be added. If property is broken into, and any items are removed, additional staging cost not a part of the scope of this contract, in addition to full retail replacement value of goods, will be added to cover costs of sourcing, shipping, staff and delivery, again. An hourly fee of $200 will be billed for staff. A credit card will be kept on file to charge for such issues.
Staging Cancellation and Termination: The client will be liable to pay DOMAINE Luxe for any services provided up to the date of termination including but not limited to any staging services already provided, any expenses incurred, goods purchased for job, ordered for job, materials or supplies for job, any cancellation costs, or outstanding balances and any travel costs incurred. To cancel, or terminate term early, client must supply written request 15 days in advance. Client agrees to pay $150 per hour for any other preliminary planning involved up until that date of written request. Deposits are non-refundable regardless of escrow changes or any reason.
Destaging: Removal of goods requires a 15 day notice, regardless of length of term. Client acknowledges and agrees to immediately inform company - via two (2) forms of notice - email, text or telephone call - of property closing date after a solid sales contract has been executed for the staged property with request for de-staging date close to closing date. If any partial destaging is requested, where a truck and movers are necessary, a $1,500 non refundable fee will be charged. Any request for early total removal destaging due to early closing or change in contract, less than two weeks time, will result in an additional $500 rush rescheduling fee. If notice is requested less than 48 hour for de-staging a RUSH REMOVAL FEE OF $1,000.00 IS DUE AND PAYABLE immediately to DOMAINE Luxe.
Minimum term stated must be paid in full, regardless of escrow. There are no monthly prorations. Destaging may take 1 up to 3 days. No items should be packed up without prior permission. If staging is removed from property at your request and your sales offer falls through, a new contract will need to be initiated.
Property Repairs: Minor or major repairs cannot be done to property once it is staged. Any necessary repairs to be addressed by you or your contractors, Client must notify DOMAINE Luxe with reasonable notice to be present to remove items for access. If mold is detected, we reserve the right to destage.
Insurance: Client agrees to have insurance coverage whether they are currently living in the property or not. Client agrees to provide proof of coverage, and to have coverage for all goods provided through this staging. If damage, theft or disaster occurs, Client is responsible for their own claim, and is required to pay reimbursement to company directly for any damages upon discovery of damage. We insist on our Merchandise Protection Policy, to be included on monthly rentals. This covers any damage to the furniture due to fire, flood and normal wear & tear, but does not include theft, loss, or negligence. The tax rate may vary depending on the county.
Release and Waiver: Client assumes all responsibility for personal property and any markings or holes from nails holding artwork or accessories or furnishings during installation or display or throughout the staging process.
Hold Harmless: Client further agrees to release, indemnify and hold harmless DOMAINE Luxe and its officers, employees, agents, contractors, vendors or suppliers against any or all losses, accidents, mishaps, liability, damage, injuries, expenses or claims resulting in whole or part, directly or indirectly, from the staging process.
Limitation of Liability: Client hereby agrees that in no event shall DOMAINE Luxe or any of its officers, employees, agents, contractors, vendors or suppliers be held for total or aggregate liability under this agreement exceed the amount of fees paid by the client.
Absence of Warranties and Guarantees: Client understands that our Agreement does not, and DOMAINE Luxe cannot guarantee or warranty any particular result or success due to our staging. While we will make every known effort of our professional best, we make no expressed or implied guarantee as to chances of success of sale of property. Any expressions of merits of the property are solely expressions of our opinions and estimates.
Lastly: We will always strive to deliver our finest service and best recommendations to assist in your sale. Further Client Consent terms will be in your Homeowners Staging Letter of Agreement.
PLEASE READ PERTAINING TO ORDERS, RETURNS OR SHIPMENT BELOW:
Domaine Luxe considers all aspects of and manages the Project Management logistics for ordering, including communicating, reviewing, invoicing, coordinating, submitting purchase orders, confirming vendor acknowledgements, tracking, scheduling, where we are subject to the schedules and planning of others, plus warehouse management, from receiving, inspections, reporting, deliveries to White Glove (in home) installation. Performing these specialized duties utilzing our expertise and programs are a time consuming portion of our full service design business.
Because of this turnkey design approach to our full service, concierge style business model, the following policies are in place as per our process and reiterate the terms of our service agreement. Shipping costs are based on many factors, such as order size, quantity, number of manufacturers we purchase from, and level of service. These fees are out of our control.
Domaine Luxe strives to perform timely and endeavors to ensure the safe transit of goods and the most cost effective results. The Team follows each trusted vendor's shipping and claims process when expediting orders and claims.
WHOLESALE TRADE-ONLY VENDOR RETURN POLICY:
Due to the nature of trade only wholesale manufacturers’ orders, Domaine Luxe considers all trade furnishing orders as special, made to order or custom as they are handmade, and custom ordered for you the client as end user from our trusted, wholesale trade partners as per the terms of our vendor manufacturer agreements. We have a final sale, no returns policy and enforce a policy of “no buyer's remorse” with respect to wholesale-only vendors. This is not only a Domaine Luxe policy, it is the wholesaler's policy.
Our vendors do not accept returns or offer refunds under any circumstances, or due to customer remorse or aesthetic dissatisfaction.
The exception is for damaged goods, if faulty, most manufacturers will generally offer to repair or replace it. The process will be handled and submitted by us for claim or replacement if necessary, following the vendor’s approval and process.
Many of our vendors' products are hand crafted with variations in color, size and finish making these irregularities an integral part of the beauty of these products. Please note that due to differences in computer screen resolution and lighting conditions, once the item is placed in the room, materials and finishes may vary from the online depiction. Our vendors will not take returns based on claims that the materials appear different than online. This is why we order samples as needed.
Replacement of products will be evaluated in case by case basis. Special orders and custom orders are NOT returnable or refundable. Cut to order items such as wallpaper and fabrics are NOT returnable or refundable.Clients have 48 hours from the time they request to place an order to modify any order. Special and custom orders may not be modified past that 48 hours allowance.
CANCELLATIONS:
Please review your invoices carefully to ensure accuracy of finish, size, quality, etc. There are no order cancellations once order is accepted by the vendor factory. Some vendors customer service may under exceptional circumstances approve cancellations within 48 hours of order. However, a cancellation fee may be required where the order has already been scheduled to be produced by the factory or set for freight. The fee will vary from vendor to vendor depending on how far an item is through the production process but will not be less than 25% and is often quite more.Any cancellations once an order has been queued for freight or shipping will also incur a 25% restocking fee.
Authorized returns will be charged a 25% cancellation fee plus a 25% restocking fee plus return freight, crating, packing, processing, and handling fees are paid by the client.
Restocking fees always apply even in the event you chose to reselect another product.
Shipping charges are not refundable.
BACK ORDERS:
Our goal is receive orders as complete as possible, but this is largely out of our control. Currently, furnishing lead times are extremely slow (for example custom cabinet or sofa delivery can take 9+ months) due to the effects of Covid-19 and worldwide, industry-wide material or work shortages, and shipping delays. Domaine Luxe is not responsible for these delays and has absolutely no control over the shipping and delivery timeframes for trade or retail products. Client should expect delivery dates to be estimated only and can likely expect multiple delays at this time. Patience and understanding will be required. Client also understands that product options presented are available at the time of presentation or told of estimated time for production; however, availability changes minute-to-minute, and items may go out of stock. If a shipment results in a back order, it will be shipped automatically when ready.Orders that have been scheduled in the factory are not subject to cancellation. This includes made to order, built to order, and custom orders which require planning, supply ordering and may not be cancelled even though the production has not started.
All service associated with returns with cancellations if approved by manufacturer will be billed hourly.
RESIDENTIAL AND WHITE GLOVE DELIVERY:
Shipping is different and separate from White Glove. All goods are delivered through our White Glove in home delivery service. What is White Glove? This service includes receiving and inspecting goods, storing, delivery of, and bringing the items inside the client’s door, to the desired room, unboxing, light assembly, and removal of all the boxes and packing materials used. Client is responsible for all shipping, delivery and storage charges and all sales taxes as set forth in each invoice. Shipping is often estimated by manufacturer and confirmed after shipment, with client accounts needing reconciling after. All packing, long distance trucking or shipping fees are billed to Client. All fees for warehousing product for a streamlined installation of receiving, inspection, warehouse storage, and in town White Glove delivery will be determined at time of setting appointment for installation, and billed regularly to Client at cost prior to installation.
The account must be current in order for us to schedule deliveries to the house. All outstanding payments are required in order to set the full installation date. Previously undisclosed delivery issues at destination may cause additional fees, such as elevators not accommodating product goods. All goods are checked, reported, or refused when they arrive to our warehouse, or are notated if there’s minimal damage on packaging. We photograph any damage. Upon delivery to our client, the receiving agent will inspect each item again upon delivery, and any damages must be clearly noted on the receipt before the driver leaves the location. Storage fees before delivery will be assessed to the client, and or reconciled with our providers within the next billing period. Delivery is charged as billed.
Due to ongoing supply chain issues, an estimate of additional fees may have been provided to you, but a final tally including but not limited to, pallet fee, crate fee, temporary gas surcharges, handling surcharges, or other service fees will be provided as we receive the notice of fees. Unfortunately, these fees by vendors are set by them and out of our control. We value you as our loyal client, and hope you recognize the impact these global shortages and inflation have caused us in the supply chain. Lastly, due to Covid restrictions, some areas or developments may not be able to receive White Glove delivery. We thank you for your patience in delays, changes to expected yet unpredictable schedule and appreciate your ongoing understanding.
Changes:
We reserve the right to amend these terms at any time without any prior notice to anyone using this service, site and accessing the information within.