Terms and Conditions

 

TERMS AND CONDITIONS

 

Orders and sales are final, and cannot be canceled. All products ordered are specifically made by hand for each order.

Estimated shipping dates for ordered products and/or services cannot be guaranteed. MedLiving of Georgia, Inc ,  dba La Ferme de la Mer European marketpalce (Seller) endeavors to deliver products and/or services in a reliable and timely manner. In the process of truly making products by hand, factors beyond Seller’s control, including but not limited to inclement weather, delays in manufacture, international shipping, Acts of God, Force Majeure are acknowledged by Buyer to cause delays, sometimes in excess of 45 days. And Buyer agrees that delays in fulfillment of the order shall not be cause for canceling this order. Such delays and other delays caused by force majeur or acts of God cannot be a reason to cancel any order; nor can Seller be held responsible for any consequences arising from delays in deliveries, nor for any damages caused by delays in deliveries of orders. Furthermore, unless specifically agreed otherwise, in writing, at the time of the order, Buyer agrees to accept partial shipments in the fulfillment of this order.

Cancellation dates only apply when specifically agreed to by Seller, in writing, at the time of the order.

Deposits: A non-refundable deposit, as indicated on the front of this form, is required at the time of the order.

All Payments, Pre-Payments, and Deposits on orders are absolutely non-refundable.

Damaged or missing Items: MedLiving takes great care in properly packaging all its products for shipment. Occasionally, products may still be damaged or missing while in custody of carrier. In this case, Buyer must not sign for receipt of merchandise in good order, but must note damages or shortage on carrier’s bill of lading and/or other delivery receipt. Seller will only replace damaged products, if such damage is reported to Seller within 5 working days, in writing, or by requesting, completing and returning to Seller a damage complaint form. Please, include article numbers, quantity, and cost of damaged products. A copy of the bill of lading or delivery receipt noting damages or shortage is required. Please retain all broken items and original packaging materials in case a claim must be filed with the carrier of your packages. In case buyer has signed for receipt of merchandise in good order, a claim cannot be filed.

Handmade: Our products are truly made by hand. Variations in composition, texture, and color are to be expected. These variances make every piece unique. Twisting, crackling, drip marks, lopsidedness and points add to artistic value and style, and are inherent to our products.

Reproductions of Antiques: Many of Seller’s products are reproductions of antique originals, not only because their production methods are the same as those used centuries ago, but also because Seller goes through great lengths to treat products to look old and antique. This may include chipping, cracking, and grittiness. Individual pieces may look dirty or damaged; this is done on purpose! Seller does not represent that any of its products are original antiques.

Quality: Seller takes great care to check the quality of all products delivered to you. If you still have received a defective product, other than damaged in transport (see Paragraph 6), please notify Seller in writing within 5 working days for a prompt exchange, if available, or re-order of the defective product, or a MedLiving merchandise credit. Please, note that features described in Paragraph 7 and 8 cannot be considered quality defects.

Returned Checks: If a check for payment to MedLiving is returned unpaid for any reason, Buyer and/or issuer of this check agrees to pay $ 25.00 for each time a check is deposited by Seller and returned unpaid.

For past due balances on any account with MedLiving, interest of 1˝ % per month will be charged. Any costs, including but not limited to reasonable attorney’s fees and court costs and expenses, incurred by Seller in the collection of unpaid and past due balances and delinquent accounts, will be paid for by the delinquent Buyer. The minimum collection fee will be $50.00. Invoices with payment terms "Please pay balance due promptly upon receipt" shall be deemed past due 5 days after invoice date. Invoices with payment terms "Net 10" or "Net 30" will be deemed past due respectively 10 days or 30 days after invoice Date. Invoices with payment terms "Sample billing, return or Net 30" shall be deemed past due 30 days after invoice date. Invoices with payment terms "COD" shall be deemed past due 10 days after invoice date. All other invoices shall be deemed payable upon receipt of products and/or performance of services and deemed past due 5 days after invoice date.

Title shall be deemed to have passed to the Buyer upon delivery of the items referred to herein. Seller makes no warranties, either express or implied, to the Buyer or third parties, as to quality, merchantability or otherwise. Seller shall not be liable for damages, either direct or consequential, on account of or resulting from any claims made by Buyer or third parties, with respect to the items purchased, whether by reason of claims for negligence or otherwise.

This agreement is to be construed as a New York Contract and shall be interpreted under the laws of the State of New York.

This agreement sets forth the entire contract between the parties and may be modified or amended only by written agreement signed by both parties.

Any discounts offered to buyer at seller’s sole discretion are forfeited if buyer fails to pay on time within agreed payment terms.