Terms and conditions
These terms and conditions pertain to all website users and purchasers of any DIVYA Living products. No employee or other representative of DIVYA Living has any authority to waive these policies and only the President or Chief Executive officer has authority to waive any provision of these Terms and Conditions. Any waiver must be in writing and signed by an authorized representative of DIVYA Living.
Further, if any term or condition on any purchase order or other for any DIVYA Living goods or service is inconsistent with any of these Terms and Conditions, such inconsistent term or condition shall automatically be deemed stricken from such order or other offer and sale be of no force or effect, but the remainder of such order or other offer shall be unaffected by such deletion and shall remain valid and outstanding.
DIVYA Living may contact you or provide service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information provided to us but will never share personal information with 3rd parties or attempt to sell information in any way.
Clients must have a registered trade account in order to view pricing, receive quotes, request samples and place orders. All new trade accounts are required to complete an account application and submit a signed, current resale certificate. Once an account form and resale certificate has been received and processed, correspondence indicating your account terms and identification number will be sent via email within approximately 48 hours.
Formal quotes by DIVYA Living are honored for 90 days from the date issued on the quote unless otherwise specified either at the time the quote was provided or on the face of the authorized quote. If any element of the quote is changed on the original quote a new date will be noted and honor period revised. Formal quotes by DIVYA Living are honored for 90 days from the date issued on the quote unless otherwise specified either at the time the quote was provided or on the face of the authorized quote. If any element of the quote is changed on the original quote a new date will be noted and honor period revised.
Reserves for in stock carpet or area rugs will be honored for 14 business days. If the product is not purchased within this time the product will be returned into inventory.
CUTTINGS FOR APPROVAL
Cuttings for approval (CFA) are available upon request for in stock carpet. As dye lots vary it is recommended that a CFA is requested when matching is of great importance. Yarn samples for non-stocked items may be available upon request. All stated repeats are approximate.
Our price guide reflects both DESIGNER NET and suggested LIST pricing. Prices are subject to change without notice and all prices must be confirmed by DIVYA Living at the time an order is submitted. The prices do not include insurance, shipping, installation or taxes. Prices are per the FOB Georgia unless otherwise noted.
DIVYA Living will accept orders directly through customer service or through our representatives. All new trade customers are required to complete an account application and resale certificate prior to ordering.
ACCEPTANCE OF ORDERS
An order of any DIVYA Living product offered for sale is considered firm and accepted by DIVYA Living’s written or electronic acknowledgement of acceptance after receipt, review and receipt of partial or full payment. Prior to acceptance of a purchase order DIVYA Living reserves the right to make changes in prices, design, construction, material and dimensions or discontinue the products availability. Customer placing any order after the posting of any such change shall constitute conclusive evidence of Customer acceptance of the current version of the product and terms and conditions of sale.
All orders are subject to Cash before Delivery (CBD). A minimum deposit of 50% of the total value of the order including sales tax (if applicable) is required on out of stock or made to order items. The full balance is due upon the completion of production of items ordered inclusive of shipping, handing, insurance and tax prior to the order being shipped.
Customer will be invoiced for the balance due on each order prior to the anticipated completion of order. Full payment is due upon receipt of the invoice. In the event a defective item is received, DIVYA Living reserves the right to repair or replace the item. The customer has no right to refuse such reparations or replacements and agrees not to refuse, for any reason, to pay credit card charges, honor checks which customer previously authorized or delivered, whether as a deposit, storage fee, interest, late charges or any other payment or balance due. A “return of credit” can only be authorized by DIVYA Living at its sole discretion. Customer will be held liable to the fullest extent allowed by law for payment returned for stop payment and credit card charge backs.
We accept MasterCard, Visa, Amex and Discover.
Customer is solely responsible for the payment of all sales taxes or any other taxes associated with an order. If Customer wishes to have the sales tax exempted from an order as a purchase for resale the customer must provide a resale certificate or other appropriate written confirmation that the items are being purchased for resale. The customer is solely responsible for meeting all regulatory requirements to be exempt from any applicable state sales tax for any sale.
CHANGE ORDER REQUESTS
Any request for a change in order must be confirmed in writing. All requests for change are subject to acceptance in writing by DIVYA Living. DIVYA Living will give reasonable consideration to any timely and reasonable requests; however, DIVYA Living. is not required to accept any such request as it may be difficult or not possible to make any changes once the manufacturing process has begun. Any changes which are accepted may be subject to additional charges for material, labor or administrative costs. Upon receipt of a change request, the order will be put on hold until DIVYA Living has either accepted or denied the request.
PRODUCTION SCHEDULING AND PENDING ITEMS
DIVYA Living will provide an estimated production completion date for all non-stocked orders. Until otherwise noted, all completion or delivery dates are quoted as estimates. The customer acknowledges that the estimated completion date is approximate. Various factors affect the production and delivery of items and DIVYA Living will not be held liable for any production delay or inaccuracy of any estimated completion or delivery dates. If within 3 months after the order has been accepted by DIVYA Living the pending items, specifications or payments have not been received the order will be considered abandoned and will be cancelled.
ABANDONED ORDERS AND COLLECTION
If DIVYA Living has not received all balances due within 30 days after the order has been completed and prepared for shipping, the customer acknowledges that DIVYA Living may withhold delivery of any and all orders until delinquency is paid in full. Any invoices remaining unpaid after forty-five (45) days shall incur a 1-1/2% per month late fee until paid in full. If any past due amount due hereunder is placed into the hands of an attorney or other third party, Customer agrees to pay, together with the amounts due, all costs of collection, including reasonable attorney’s fees.
If within 3 months a completed order has not been paid in full or when it appears that the customer is unable to pay the balance due, DIVYA Living has the option to retain the initial deposit, sell the produced product and retain the proceeds as liquidated damages incurred by the customers breach. DIVYA Living and the customer agree that the forfeiture of deposits and the liquidation of the produced product as described above is a reasonable method of compensation for damages which may be incurred by DIVYA Living as a consequence of the customers breach of the terms and conditions of sale.
NO CANCELLATIONS OR RETURNS POLICY
All sales are final. All goods are made to order once a sale has been made, therefore orders are not cancelable after an order has been put into production. If the customer is not satisfied with the purchase the customer must inform DIVYA Living within seven days of receipt of item(s). DIVYA Living will work with the customer to resolve the problem; however, DIVYA Living is not obligated or required to accept the return of any item.
SHIPPING, STORAGE AND DELIVERY
Shipping costs from the US warehouse to the final destination are additional. For both domestic and international shipments, the customer is responsible for all related fees including freight, packaging, unpacking, duties, custom clearance, removed of refuse, VAT, installation, set up fees and insurance. Shipping, packaging and insurance charges are determined by the size, weight and value on destination of a purchase. Delivery options include UPS, Federal Express and shipments through a reputable carrier. Said options defer to curbside delivery as standard practice unless a special request for “white glove delivery” is made in advance. Shipping to Hawaii, Alaska and anywhere outside the United States must be discussed and arranged directly with DIVYA Living's customer service department.
It is the responsibility of the customer to advise DIVYA Living of any special delivery conditions such as limited access, stairs in excess of one flight, narrow doors and hallways. Special accommodations may be arranged and additional charges are likely to be charged at a minimum of $100.00 per hour. If DIVYA Living is not informed prior to delivery additional charges will either be charged directly to the location or other delivery arrangements will need to be made. If the customer refuses to pay the additional fees the shipper is not required to deliver the product and previously paid shipping charges will be forfeited. Direct pick-ups are not permitted.
Shipments refused due to DIVYA Living error will be credited in full to the customer’s account. Shipments refused due to customer error will be charged a restocking fee of 25% or $25 whichever is greater of the price of each rug, plus all freight costs incurred.
Legal title of orders and products remain with DIVYA Living until receipt of all balance due payments are received. Once the item is fully paid, the title will pass to the customer and all costs of related storage, shipment or of loss or damage shall reside fully with the customer. Any claim by the customer against DIVYA Living or the freight carrier for shortage or damage occurring prior to such delivery must be made in writing within ten (10) days after receipt of shipment and accompanied by original transportation bill signed by the carrier noting that the carrier received the goods in the conditions claimed. Returns require prior written authorization from customer service.
It is imperative to inspect all packages at the time of delivery in order to file and procure a freight settlement. Should a package be visibly damaged, please follow these instructions:
1.) Take at least three (3) photos of the damaged package, 2.) Do not accept or sign for the package and item, if damaged, 3) Indicate on the BILL OF LADING: “Item damaged, not accepted”, 4) Return package with item to the original driver.
DAMAGES / DEFECTS
All products are inspected by DIVYA Living staff prior to shipment; however, it is strongly recommended that the buyer inspect all items thoroughly upon receipt. Any damaged or defective products should be reported to DIVYA Living within ten (10) days of shipment receipt. Damages/Defects discovered outside of this time frame will be handled at the discretion of the company. All confirmed damaged/defective merchandise must be returned prior to replacements or credit being issued unless otherwise notified by DIVYA Living. Damaged/defective merchandise held for more than 15 days after receipt will not be eligible for credit or return. If the item(s) is defective: 1) Take at least 3 photos of the defective item, 2) File a claim immediately with DIVYA Living Customer Service, 3) Save all photos, correspondence, damaged item and packaging.
Parcel delivery damage (USPS, UPS, FedEx, etc.): Must be noted to the driver at the time of delivery Please contact parcel carrier and DIVYA Living immediately to report a damage claim
If you need any assistance during the receiving process, please contact: DIVYA Living customer service.
Once an order is completed DIVYA Living will store the order up to 30 days free of charge. At that juncture, DIVYA Living will assess late fees of $100.00 per item, per week for further storage. The order will not be released until all charges are paid in full.
COPYRIGHT AND INTELLECTUAL PROPERTY
The images, designs and information contained in the DIVYA Living website, catalogues, brochures and samples are protected under various United States and International patent, trademark and copyright laws and are owned and controlled by DIVYA Living. The images, designs and information contained in the DIVYA Living sales/marketing materials are to be used solely in connection with the prospective purchase of said products, materials and services. Any other use of materials including but not limited to copying, reproduction, modification, duplication, distribution, sales, republication, display, posting, downloading, public advertising, manufacturing of product incorporating of images or design is prohibited. No trademarks may be used in connection with any product or service that is not the product or service of DIVYA Living in any way that is likely to cause confusion among customers or the public or in any many that disparages or discredits DIVYA Living. Customers may print, download and forward tear-sheets displayed on website for the purposes of ordering only provided all copyright and other proprietary rights are retained.
All DIVYA Living products are guaranteed to be free of defects in materials and workmanship at the time of delivery. Manufacturing of custom goods may vary from samples and such variances do not constitute a defect. Should a product(s) be delivered in poor condition please follow the instructions under Freight Claims. DIVYA Living will make every effort to assist in the resolution of the claim. DIVYA Living makes no warranty of any kind, expressed or implied and is not liable for any wear, tear or other changes in any product after delivery, including changes resulting from the environmental conditions or use of the product.
LIMITATION OF LIABILITY
DIVYA Living shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, the materials and services on the website or the performance of any of its products.