New York City

Studio Van den Akker
979 Third Avenue
D&D Building, 15th floor
New York, NY 10022
PH: 212.644.3535

info@studiovandenakker.com

San Francisco

Desousa Hughes
2 Henry Adams Street
#220
San Francisco, CA 94103
PH: 415.626.6883

info@desousahughes.com

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Terms & Conditions

Agreement

Acceptance of orders is based on the express condition that buyer agrees to all of the terms and conditions contained herein. No terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein shall be binding upon Studio Van den Akker (SVDA) unless made in writing and signed and approved by an officer of SVDA. No modification of any of these terms will be affected by shipping request or similar forms containing printed terms and conditions conflicting with or inconsistent with the terms herein.

Prices

All prices are Net FOB, unless otherwise specified. Prices are exclusive of excess storage charges (defined below), installation, taxes, etc. Prices are subject to change without prior notice. Written quotation prices hold for thirty days only. Final invoice can be paid with a credit card, there is a 3.5% convenience and handling fee.

Lead Times

Lead times for standard upholstered products is 12-14 weeks unless otherwise specified in writing. Lead times for lighting, case pieces and other products produced in the United States is 12-18 weeks unless otherwise specified in writing. Lead times for all products produced outside the United States are 12-24 weeks, unless specified in writing. Products that have custom options or finishes may have increased lead times. Lead times do not include shipping. Lead time begins upon receipt of: deposit payment, signed invoice, receipt of fabric (when applicable) and completed COM/COL ticket (when applicable). Reduced lead times are often possible, please speak to a SVDA representative. Reduced lead times will only be honored when stated in writing. 

Shipping

All shipping is FOB from the point of manufacture, domestic and international.  SVDA is not affiliated with any shipping companies and is not liable for their actions. It is the responsibility of the purchaser to provide SVDA with valid contact information for the day of the delivery. SVDA recommends crating all glass and fragile items and recommends carton service for all items being delivered to a freight forwarder. We can provide prices for these services to you upon request.

Terms

A fifty percent, non-refundable, deposit is required to initiate an order, with the balance due upon completion and prior to pick up of merchandise. Deposits must be made by cash, check, cashier’s check, or bank transfer. Credit cards are not accepted for deposits. A service charge of the lesser of 1 ½% per month or the maximum permissible rate will be added to all accounts not paid within sixty (60) days from the date of invoice for the final balance due. There is a 3.5% convenience and handling fee for all credit card orders.

Seguso for Van den Akker and Pamela Sunday for Van den Akker

All Seguso for Van den Akker and Pamela Sunday for Van den Akker pieces are hand created by an artist; therefore, each piece is unique and variation (including size, color, texture, glaze, density, etc.) will occur between pieces ordered and those displayed in the showroom. Seguso for Van den Akker products have a lead time of 12-16 weeks, an additional 4 week lead time may occur for orders that overlap the months of August and/or December.

Prices for Seguso for Van den Akker lighting do not include shades.

Measurements

All measurements provided on SVDA's website, tearsheets, quotes, purchase orders, invoices and any promotional material or otherwise are approximate measurements only. Most pieces in the SVDA collection are handmade and natural variation will occur. If specific measurements are required, please speak to your SVDA representative and every attempt will be made to meet these requirements. Specific measurement requirements must be noted on customer's purchase order. 

Orders

All orders must be made in writing and sent directly to SVDA. Orders are subject to our acceptance and issuance of a formal acknowledgement. Order acknowledgements are final and binding. Any subsequent requests for changes are subject to additional charges and our ability to conform.

Changes

SVDA is not required to accept changes requested after order acknowledgment. Reasonable requests for changes will be considered by SVDA based on our ability to accommodate requested changes. Changes are subject to SVDA approval and additional charges.

Cancellations

All orders are final and not subject to cancellation. Undelivered orders are subject to forfeiture of 50% deposit if cancelled after an order acknowledgement. Delivered orders may not be returned for any reason whatsoever except when repair or replacement is indicated and approved by SVDA.

Returns

No returns of approved merchandise will be accepted for any reason. Unauthorized returns will be refused and returned freight collect.

 

Storage

SVDA will store all merchandise at our expense for thirty (30) days from the date the final invoice is issued. Additional storage fees of 5% per month of the total invoice will be charged to store merchandise not picked up within thirty (30) days from the date of the final balance due, unless other arrangements are made and agreed to, in writing, by SVDA. SVDA is not responsible for damage to merchandise stored at our facilities. After thirty (30) days SVDA reserves the right to move merchandise to a storage facility at Buyer’s expense. Buyer will be responsible for cost of transfer, storage charges and any other expense related to storage past thirty (30) days. If merchandise is moved to a storage facility not affiliated with SVDA, additional storage fees of 5% per month will not be imposed.

Force Majeure

All quoted completion and delivery dates are estimates only. SVDA shall not be liable for delays in completion or shipment or default in delivery for any reason of force majeure or for any cause beyond SVDA’s reasonable control including, but not limited to, a) government action, war, riots, civil commotion, embargoes or martial laws, b) SVDA’s inability to obtain necessary materials from its usual sources of supply, c) shortage of labor, raw material, production or transportation facilities or other delays in transit, d) labor difficulty involving employees of SVDA or others we work with, e) fire, flood or other casualty, or f) other contingencies of manufacture or shipment. In the event of delay in SVDA’s performance due in whole or in part to any cause beyond SVDA’s reasonable control, SVDA shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on account of delay in delivery of such goods.

Claims

All merchandise is carefully inspected upon arrival at SVDA. All claims against SVDA, including defects, shortages and errors must be made in writing within ten (10) days after receipt of merchandise. Failure to make such a claim shall constitute full acceptance of the merchandise and waiver of all defects, shortages and error ascertainable under inspection. SVDA is not responsible for damage in shipment or in storage. Customers should carefully inspect all items at time of delivery and note any obvious damage on delivery receipt. All claims for freight overcharges or damages to goods while in transit must be settled with the carrier by the consignee. Damaged freight cannot be refused by the consignee. Any damage or loss must be claimed by the consignee with the carrier by writing within five days and all packing materials must be retained until inspection is made.

Customer’s Own Material

Prior to shipment of the customer’s own material (COM) to our factory, we highly recommend a cutting showing face, direction and pattern match be sent to SVDA NY. We reserve the right to reject any fabric that we feel does not meet our upholstery standards. We are not responsible for any complaint arising from the appearance, quality, wear or natural defect (including leather) of COM. SVDA will not be responsible for face, direction or pattern match, unless it specifically does not match client’s written instructions. Exact shipping instructions for the fabric will be provided by SVDA NY. All fabric incorrectly shipped to SVDA NY will be reshipped at client’s expense. Quoted lead times begin on the date COM is received and inspected by SVDA.

Warranty

SVDA products are warranted against all defects in materials and workmanship for a period of one year from the date the product leaves SVDA, under normal, residential, use and under conditions for which the product was designed. COM/COL is in no way warranted. During this period, SVDA will repair, or at our option, replace defective merchandise free of charge. This warranty does not apply to damage resulting from accident, alteration, misuse, tampering, negligence, abuse or ordinary wear and tear. This warranty does not extend to natural materials such as wood, because of natural variations over which SVDA has no control and does not warrant matching of color, grain, or texture. All other warranties (including any warranty or merchantability or fitness for any particular purpose), expressed or implied, are hereby excluded. The foregoing shall constitute the only warranty made by SVDA. No returns of approved merchandise will be accepted for any reason. Unauthorized returns will be refused and returned freight collect.

Limitation of Remedies

SVDA shall not be liable for incidental or consequential losses, damages or expenses, directly or indirectly arising from the sale, handling or use of the goods, or from any other cause with respect to the goods or this agreement, whether such claims is based upon breach of contract, breach of warranty, strict liability in tort, negligence or any other legal theory.

Remedies upon Default

SVDA requires payment for any shipment in advance. If Buyer fails to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, SVDA may at its option, cancel any unshipped portion of this order, retain the goods and declare forfeiture of the deposit as liquidated damages.

Severability

In the event any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.