TERMS & CONDITIONS
Buyer’s acceptance of the “TERMS AND CONDITIONS OF SALE”
When you buy something from JOEL ESCALONA STUDIO through our website, you agree to these "Terms and Conditions of Sale". These terms apply to every contract for the sale of our products ("Products") to any person or entity ("Buyer") who orders from JOEL ESCALONA STUDIO or its agent. By placing an order for Products, you agree to these terms. Any other terms or conditions that may be included in your order form, whether spoken, typed, written, or printed, won't be valid, even if we don't object to them.
Purchase Orders
Buyer must submit purchase orders to JOEL ESCALONA STUDIO in writing. The purchase order must include: (a) identification of the Products ordered, including Product and material specifications, (b) quantities, (c) delivery address, and (d) shipping instructions, shipping address, and shipping contact. If there is a conflict between the terms and conditions and those on Buyer's order form, these terms and conditions will control. JOEL ESCALONA STUDIO order confirmation will be final and binding on the buyer.
Orders
Buyer is responsible for preparing the product and material specifications. JOEL ESCALONA STUDIO will attempt to confirm each order in writing with our standard acknowledgement form for the specific Products ordered. Orders are subject to these terms and conditions and as it appears on our order acknowledgement. If there is a conflict between JOEL ESCALONA STUDIO terms and conditions of sale and those on Buyer's order form, our Terms and Conditions will control. Our order confirmation is final and binding.
Shipping
All orders are shipped via surface, air, or sea transportation with the risk of loss for the Products passing to the Buyer upon delivery to the carrier from JOEL ESCALONA STUDIO factory or warehouse. JOEL ESCALONA STUDIO will present the method of shipment to the Buyer and present a third-party service for shipping. The Buyer is responsible for acknowledging that the shipping service is provided by a third party and that JOEL ESCALONA STUDIO is only facilitating the process. All delivery/ship dates are approximate only. If the Buyer selects an alternate shipping method (e.g., air freight), they are responsible for completing all required paperwork. In any shipping services any additional charges (such as taxes or complementary freight fees) and any paperwork requested by customs offices may apply and are the responsibility of the Buyer at all times. JOEL ESCALONA STUDIO will not be liable for any delay in shipment or delivery of the order or for damages resulting from such services.
The Buyer bears the risk of loss or damage during shipment.
Time of Delivery
Any production or delivery dates provided by JOEL ESCALONA STUDIO are estimates only. JOEL ESCALONA STUDIO shall not be liable for any direct, indirect, or consequential damages arising from any delay in delivery. By placing an order, the Buyer agrees that the time of production or delivery is not essential, and waives any claims arising from any delay in delivery or production. The Buyer also waives any claims for delay or failure of delivery resulting from JOEL ESCALONA STUDIO's exercise of its rights under these General Terms and Conditions of Sale, including any claims for direct, incidental, consequential or other damages. JOEL ESCALONA STUDIO shall not be responsible for any delay or failure to deliver due to any cause beyond its control, such as fires, floods, strikes, or other labor disputes, accidents to machinery, availability of materials, acts of sabotage, riots, laws, statutes, ordinances, rules or regulations, restrictions imposed by the federal or any state government or any subdivision or agency thereof, delay in transportation, or lack of transportation facilities.
Failure to Pick Up / Accept Products
It is the Buyer’s responsibility to pick up the goods as soon as they are notified by JOEL ESCALONA STUDIO of their availability. If the Buyer fails to pick up or accept the Products by the date specified by JOEL ESCALONA STUDIO, any costs or expenses incurred by JOEL ESCALONA STUDIO (including, but not limited to, demurrage charges, warehousing costs, and transportation) will be charged to the Buyer.
Storage
If the Buyer is unable to accept delivery of the Merchandise when JOEL ESCALONA STUDIO is ready to make shipment, JOEL ESCALONA STUDIO may transfer the merchandise to storage after 10 days from the originally acknowledged ship date. The costs for transfer, storage, and insurance will be borne by the Buyer. JOEL ESCALONA STUDIO will consider such a transfer as delivery for all purposes, including invoicing and payment. The Buyer will bear the risk of loss or damage during storage.
Claims
JOEL ESCALONA STUDIO takes great care to inspect, pack, and deliver furniture in pristine condition to the carrier, which only accepts it in good condition and agrees to deliver it to the Buyer in the same state. Upon receiving the Product, the Buyer must carefully inspect it for completeness and quality. Any damages or discrepancies in quantity must be noted on the delivery receipt with the carrier. Products with obvious damages may be received by the Buyer in order to submit a claim to the shipping company. Any claim by the Buyer, of any kind, must be made in writing and sent by mail to JOEL ESCALONA STUDIO within 3 days from the date of delivery of the Products in question. Failure to make a claim in this manner, or within this 3-day period, constitutes an irrevocable acceptance of the products and an admission by the Buyer that the Products fully comply with all the terms, conditions, and specifications of the order.
JOEL ESCALONA STUDIO is not liable for any damages that occur to the product during shipment. However, we can assist in filing a claim with the shipper on the client's behalf. Please note that we cannot guarantee a positive insurance coverage from the freight service, and we won't be able to provide additional information about the claim upon request.
Upon receipt of the shipment, please inspect the product carefully to ensure it is in perfect condition. If there is any damage, please document the condition of the packaging and product and notify us immediately. To file a claim, please send 3 pictures of the package as received, 3 pictures of the piece wrapped or as received, 3 pictures of the piece unwrapped, and as many details of the damage as possible. Please note that claims will not be accepted by the carrier if we do not receive notification of receipt within the first 3 days after delivery.
If the claim is successful, we will produce a new furniture piece for the Buyer. Unfortunately, if the claim is not successful, we cannot replace the product. It is important to note that the claim process may take around 20 days, and the decision of the freight company is final.
Acceptance
JOEL ESCALONA STUDIO may accept the Buyer's order, in whole or in part. However, no order will be binding upon JOEL ESCALONA STUDIO unless it is accepted at its main office in Mexico City on JOEL ESCALONA STUDIO’s order acknowledgement form. No other person or firm has the authority to accept orders, make representations, or make binding commitments on behalf of JOEL ESCALONA STUDIO.
The Buyer's order will be binding on them, unless it is rejected in writing by JOEL ESCALONA STUDIO. The order cannot be canceled, withdrawn, or modified by the Buyer. If JOEL ESCALONA STUDIO partially accepts the order, the Buyer will no longer be bound by the parts of the order that are not accepted. The acceptance of any part of the Products ordered will constitute acceptance of all of the Products ordered, even if they are not all shipped together.
The Buyer may not return any Products without JOEL ESCALONA STUDIO’s prior authorization. All returns shall be subject to verification upon arrival at the location specified for return of the Products in the written authorization.
Pricing and Fees
The prices listed in our order confirmation are inclusive of freight, Ex Works Mexico City, unless otherwise stated. Normal packaging is included, but special or unusual packaging, shipping or handling will be subject to additional charges. Prices do not include storage or insurance charges, sales and other taxes, inside delivery, uncrating and installation costs. Special handling or creating is not available. Prices and specifications may change without notice. List prices are based on US Dollars.
All payments by the Buyer shall be in either Mexican Pesos or US Dollars, based on the currency exchange rate at the day of the order confirmation. Orders are subject to JOEL ESCALONA STUDIO’s list prices at the time of order acknowledgement and each shipment will be invoiced at such prices. Orders with extended delivery dates may be subject to special pricing.
Taxes and Tariffs
If any tax, tariff, duty or charge is required to be paid or collected by JOEL ESCALONA STUDIO, either directly or indirectly, by any governmental authority, foreign or domestic, upon materials sold here and upon the production, sale, transportation, use or delivery thereof, the amount will be added to the price provided for herein and paid by the Buyer.
Transportation Charges
JOEL ESCALONA STUDIO may, at its discretion, add to the price of the materials sold hereunder the amount of any increase in transportation charges for shipments to the Buyer, provided that such transportation charges are payable by JOEL ESCALONA STUDIO hereunder.
Discounts and Allowances
Unless otherwise expressly stated in JOEL ESCALONA STUDIO’s order acknowledgement, the Buyer shall not be entitled to any discount, allowance, commission or rebate of any kind, whether direct or indirect. Any discounts granted by JOEL ESCALONA STUDIO for prepayment of an invoice shall only be allowed if the full amount specified in the invoice is received by JOEL ESCALONA STUDIO on or before the due date of the invoice.
Terms for Custom Made
If the Buyer has not established credit with JOEL ESCALONA STUDIO, payment terms shall be 100% deposit. For Buyers with approved credit, special arrangements may be made. Accounts shall be deemed delinquent if payment is not made within 30 days, and interest shall be charged at the rate of 1.5% per month on delinquent accounts.
Order Changes and Cancellations
If the Buyer wants to change or cancel an order, they need to request it in writing within 5 days of JOEL ESCALONA STUDIO receiving the original purchase order. However, JOEL ESCALONA STUDIO reserves the right to accept or reject any changes or cancellations. JOEL ESCALONA STUDIO’s written approval is required, and it may be withheld at JOEL ESCALONA STUDIO’s sole discretion. If Buyer’s order is accepted by JOEL ESCALONA STUDIO, it can be canceled, suspended, or extended only with JOEL ESCALONA STUDIO’s written consent, subject to terms that will indemnify JOEL ESCALONA STUDIO against any loss and provide it with a reasonable profit for its time, services, use of facilities, and other considerations. Buyer is obligated to accept any goods shipped or delivered by JOEL ESCALONA STUDIO before cancellation, suspension, or extension of the order. Buyer’s attempt to unilaterally revoke acceptance of any shipment after accepting it shall constitute a breach of this Agreement. Acceptance includes a waiver of inspection, use, or possession of goods, payment of the invoice, or any indication of exclusive control exercised by Buyer. Any changes to the order will result in a revised delivery date and additional charges for materials and labor, as determined solely by JOEL ESCALONA STUDIO. All orders that require special materials or construction are not subject to cancellations.
Waiver
JOEL ESCALONA STUDIO's failure to insist on strict compliance with the terms and conditions of this order or to exercise any rights arising from any breach by the Buyer shall not affect JOEL ESCALONA STUDIO's rights in case of a continued default or any subsequent default by the Buyer.
Merger Clause
Oral statements made by JOEL ESCALONA STUDIO's dealers, salespeople, or other employees regarding the merchandise described in this order do not constitute warranties, should not be relied upon by the Buyer, and are not part of the order. This order is contained in this writing, and any representations, promises, warranties, or statements made by JOEL ESCALONA STUDIO or its agents that differ from the terms of this written agreement shall have no force or effect.
Modification
These terms and conditions may be modified only by a writing signed by an authorized representative of JOEL ESCALONA STUDIO.
Applicable Law and Jurisdiction
All orders are subject to the laws of Mexico City and shall be interpreted accordingly, without regard to principles of conflict of laws. In the event of any dispute or litigation, JOEL ESCALONA STUDIO, at its sole discretion, may commence legal action in any jurisdiction where the Buyer does business or is located.
Severability
If any provision of these Terms and Conditions of Sale is found to be invalid or unenforceable in any jurisdiction, such provision shall be deemed severed from these Terms and Conditions of Sale and shall not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the intent and purpose of the original provision, and the Terms and Conditions of Sale shall continue in full force and effect.
Returns
Returns of Products will only be accepted with our prior written authorization and shipping instructions. Unauthorized returns will be returned to the buyer at their own expense, which may result in the loss of the product. Returns authorized by JOEL ESCALONA STUDIO are subject to a restocking charge of 50% for standard items. Non-standard and custom items cannot be returned. An additional charge may also be imposed to cover the cost of restocking merchandise returned in damaged condition. Return transportation must be prepaid by the buyer.
Designs
All designs shown in our catalogs and price lists are the property of JOEL ESCALONA STUDIO and remain so. All dimensions provided are approximate. JOEL ESCALONA STUDIO's catalog and price list are not available to the general public and are intended solely for the trade with the purpose of inviting the purchase of these models.
Materials
JOEL ESCALONA STUDIO carefully selects only the finest quality materials for its Products. Although every effort is made to ensure consistent appearance, all Products are sold subject to commercially acceptable variations or irregularities in color, surface, grain, or texture due to the natural nature of the materials and techniques used. Each design is hand crafted. While every effort is made to maintain uniformity, slight variations may occur.
Limited 2 Months Warranty
JOEL ESCALONA STUDIO warrants its Products against defects in workmanship and materials for a period of 2 months from the date of shipment, provided that the Products are used under normal conditions and for their intended purpose. Normal wear and tear is not covered by the warranty, and products may display a "patina" and "texture" resulting from use, which is part of the product design and not considered damage. Veneers, laminates, glass, electrical components, and other sourced products are not covered by the standard warranty, but JOEL ESCALONA STUDIO will assign to the buyer any warranties received from the manufacturers of these components. The warranty excludes damage caused by water, ultraviolet light, sea air, or extreme temperature changes unless the product is designed to withstand such conditions.
Limitations
JOEL ESCALONA STUDIO makes no other warranties, express or implied, including but not limited to the warranty of merchantability or fitness for a particular purpose. If a Product does not conform to the description, is short in any respect, or is defective in material or workmanship, JOEL ESCALONA STUDIO will replace or repair, at its option, provided that it is notified of the defect within five (5) days of delivery and the product is returned according to JOEL ESCALONA STUDIO's instructions. This is the sole remedy available to the buyer, and JOEL ESCALONA STUDIO's sole obligation regarding Products sold. The buyer agrees to waive any and all claims against JOEL ESCALONA STUDIO, whether in law or equity. JOEL ESCALONA STUDIO shall not be liable for direct, indirect, incidental, special, or consequential damages, including but not limited to damage or loss resulting from inability to use the Products, increased operating costs, or loss of production, regardless of the cause of such damages.
Legal Rights
This warranty provides specific legal rights, which may vary from state to state and country to country. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.