ETÚHOME: BUSINESS AGREEMENT – TERMS AND CONDITIONS

 

This Wholesale Agreement (“Agreement”) is made between you/your company and etúHOME (“EH”) upon execution and delivery by etúHOME.

 

GENERAL ORDERING INFORMATION

To qualify for wholesale or distribution purchases, you must be a valid business and you must submit a copy of your VAT certificate (on first orders only) and an executed copy of this Agreement with your Order Form. By placing an order with etúHOME and providing the VAT certificate, you are representing that you are the owner, agent or representative of a currently valid retail business and that the transaction being made is a wholesale, tax exempt purchase for resale. All sales are final.

PAYMENTS

All orders shall be prepaid via bank transfer or by PayPal. etúHOME must receive payment two weeks prior to shipping your order or at the time of production (for special orders) for the entire purchase price of the order plus freight. Delivery is typically within two-four (2-4) weeks. By providing a purchase order, you are placing a confirmed order with ETÚHOME and payment must be made. Orders may be cancelled within three (3) business days of the order placement. All cancellations must be made in writing.

DAMAGE CLAIMS

etúHOME makes every commercially reasonable effort to pack with carrier-approved materials. etúHOME is not responsible for damage in transit. etúHOME insures all packages with the carrier for the purchase order price. If your shipment is damaged in transit you agree to contact etúHOME in writing via the Damage Notification Form within forty-eight (48) hours of delivery. All damage claims must be supported by photographs of the damaged piece(s). You also agree to save all packaging materials and product. You further agree not to cancel nor contest payment nor deduct from any invoice any amount due to etúHOME as a result of a damage claim. The carrier will conduct an investigation for the damage claim and either they or etúHOME will contact you once the investigation is concluded to resolve the issue. If you use your or a third-party shipping account, etúHOME is not responsible for replacing damages or filing any claims. By signing for the shipment, you are acknowledging that the order was received in perfect condition without any damage. If you see damage to your package and/or pallet, you must make a written notation on the BOL. If the shipment is signed for without any written damage notation on the BOL, etúHOME is not responsible for filing a claim or replacing the merchandise. If you ship an order to a residence, you waive any rights to filing a damage claim.

RETURNS/DEFECTS

Any claim for defective merchandise must be reported to etúHOME within forty-eight (48) hours of delivery. etúHOME does not accept returns of first quality merchandise for any reason. Contact etúHOME in the event you receive defective merchandise via writing. All returns must be approved in advance by etúHOME via a Return Authorization Number. All returns must be made within 10 days from receipt of goods. Note: If first quality product is returned to etúHOME, a 30% restocking fee will be charged. Additionally, any product returned to etúHOME must be packed in the original cartons utilizing all original packing materials. Any product received back in damaged condition due to ineffective packaging or due to carrier fault is not the responsibility of etúHOME. etúHOME is not responsible for any lost returns. Any carrier issues must be filed directly with the carrier by the shipper.

VINTAGE OBJECTS, RECYCLED GLASS AND RECLAIMED WOOD RETURNS

All found objects and reclaimed wood items shipped by etúHOME are authentic one-of-a-kind items and are unique. No two are alike, therefore the item you receive will be similar but not exactly the same as the item you see at tradeshows, in the catalogue or on our web site. Our found objects, recycled glass and reclaimed wood items show signs of age and use, including ripples and bubbles in the glass, markings, engravings or initials on the wood, variation in wood grain and other signs typical of a time worn piece. These signs of age are desired and help authenticate your found object. etúHOME stands by all our found pieces and offers you the option to return the piece for a replacement. You are responsible for the inbound and outbound freight. All authorized returns must be made within 10 days of receipt of goods. etúHOME ships items that conform to the samples shown at trade shows and on www.etuhome.eu.

FINAL SALES – VINTAGE, ANTIQUE, ONE-OF-A-KIND, SPECIAL ORDER MERCHANDISE

All vintage, antique, one-of-a-kind items and special orders including but not limited to furniture, mirrors, table top, private label, etc., are final sale and may not be returned nor cancelled for any reason once purchased. These items will be billed at the time the order is placed. Freight charges are in addition to cost of merchandise and will be billed separately before shipping. Items will be shipped between 1 and 30 days after billing, subject to third party carrier schedules. All items selected out of our showrooms or warehouse are also final sale and may not be returned or exchanged, no exceptions.

COPYRIGHT

All of the designs, products and content within and any materials made available on the Web site are the sole property of etúHOME. The Web Site, designs, products, images and content within are protected by copyright and intellectual property law and may not be reproduced in any form without the express written consent of etúHOME. You herby agree not to reprint, post, or copy (including electronic or digital scans) any photograph, sales materials, or product design without the advance, express written consent of etúHOME. This includes using digital images for purposes of e-commerce.

INTELLECTUAL PROPERTY

Any and all Intellectual property right associated with this Web Site including designs, products, images and content presented herein, and any inventive concepts, knowhow, publicity right, trademarks, trade-dress, Trade Secrets, Copyright and patents (including and patent-pending items) (collectively “Intellectual Property”) are the sole property of etúHOME or third parties. Except as otherwise expressly authorized by etúHOME, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web site in any way without the express written consent of etúHOME or the appropriate third party.

PRIVACY

Your privacy is important to us. To better protect that privacy, etúHOME is providing this notice to explain how we collect, use and store data. The only data that we collect, use and store is information you affirmatively provide to us when placing an order via e-mail, fax, in person, or alternatively on the Web Site, including your exemption certificate. We do not collect data about you through the Web Site nor do we use cookies or track IP addresses. While the information you provide will be maintained for a commercially reasonable time by etúHOME for administrative and business purposes, your personally identifying information is never shared with any third party, other than (i) as required by law, (ii) to protect and defend the rights of etúHOME and the Web Site, (iii) as incident to a corporate sale, merger, reorganization, dissolution, bankruptcy or similar event, or (iv) in the event that a need arises to contact you in regard to an order, a question, a customer service related matter, or as may otherwise be required by law and only to the extent that such contact is required. Comments, suggestions or other communications sent by you to etúHOME are deemed to be non-confidential. We have no obligation of any kind in relation to such comments, suggestions, or communications and are free to use or distribute them in any way, including in relation to the administration, update, or improvement of the Web Site, without compensation to the author, sender, or any other party. By executing this Agreement and placing an order, you signify your assent to this Privacy provision. Should you have any privacy-related questions or concerns, you may contact etúHOME at the Contact information set forth on the home page of the Web Site.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, etúHOME, its directors, officers, employees, assignees, and agents, and defend any action brought against same with respect to any claim, demand, cause or action, debt or liability, including reasonable attorney’s fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of your agreements hereunder, and/or (ii) arises out of your negligence, wilful misconduct, or other breach of the Agreement.

JURISDICTION

This Agreement has been entered into and shall be governed by the laws of Hungary (without giving effect to its conflict of law provisions). All parties agree Hungarian courts have jurisdiction.
SEVERABILITY
Each section of the Agreement shall be deemed and construed as a separate and independent section, term or condition and should any part or provision of the Agreement be declared invalid by a court of competent jurisdiction, such invalidity shall in no way render invalid or unenforceable any other section, term or condition herein.

LEGAL FEES

You understand and agree that you are or your company is responsible for your own legal fees. If etúHOME takes any action to enforce, defend or interpret this Agreement and these terms and conditions, etúHOME is entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and any costs whether in litigation or otherwise, in addition to any other relief at law or in equity to which etúHOME may be entitled.


MODIFICATION

etúHOME reserves the right to modify the terms and conditions contained herein. Clerical or computer errors are subject to correction. No action, omission or course of conduct shall constitute a waiver of any of the terms and conditions hereof, unless such waiver is specified in writing by etúHOME and then, only to the extent specified.

 

Updated: January 2018