General

 

A. All orders are accepted subject to standard Terms and Conditions. All sales are final.

 

B. Oly reserves the right to refuse any order.

 

C. Oly may allow internet/web commerce for some products. Minimum advertised pricing policy will apply. Oly welcomes the direct reference or "link" to www.olystudio.com within specific guidelines.

 

D. Oly reserves the right to periodically change Terms without written notice.

 

E. Oly reserves the right to make modifications to prices, products and/or product components without prior or written notice.

 

F. To check availability of stock, log into www.olystudio.com, refresh browser by clicking OLY at the top of the page and see the global footer: "More Ways to Shop."

 

G. To obtain a usernamed and password for Olystudio.com, submit a resellers or business license to [email protected], or apply online at https://www.olystudio.com/customer/account/create/?type=trade. A scanned resellers or business license must be uploaded to complete designer/wholesale registration.

 

H. The “Oly” and “Oly Studio” name and marks are the exclusive property of The Art of the Muse, Inc. These marks may not be used in or with the name of any other business (specifically including, but not limited to, use of the name and marks to identify or “name” your retail store(s), to identify any person or entity other than The Art of the Muse, Inc. or to refer to any goods or services other than The Art of the Muse, Inc. All uses of the mark shall inure to OLY benefit. In the event, Oly finds it necessary to request that you cease all use of the “Oly” or OlyStudio” marks and you are not in compliance, Oly reserves the right to suspend your customer account until such time as compliance may be verified. All uses of the mark shall inure to Oly benefit. Customers agree to immediately cease all uses of the “Oly” or “Oly Studio” marks upon request.

 

Sales Programs

 

A. Oly requires payment in full upon placement of order for in stock goods. Inventory will not be reserved without payment. Oly requires a 50% non-refundable, non-transferable product deposit for all goods which are not currently in stock. Orders are considered quote only until a deposit is received. Production of back-ordered items will not begin until a deposit is received. Upon receipt of the deposit, Oly will confirm receipt and placement of the order by forwarding a copy of the final "SALES ORDER". Estimated lead times begin upon confirmed receipt of deposit.

 

B. Designer Net - for design professionals looking to specify for end-customers and also for to-the-trade showrooms or retail stores that do not meet stocking retailer minimum requirements. Accessory pricing is consistent across designer net and stocking retailer programs. Opening order requires $2,500 for furniture and accessories combined, with an annual re-order minimum of $2,500 to keep Designer Net privileges. Charges for an Oly sample box and fabric ring will apply ($50).

 

C. Stocking Retailer – specifically for to-the-trade showrooms and home retail stores that carry inventory. Opening transaction requires requires a minimum opening order of $10,000 for a floor/ back-stock order including furniture and accessories. Client orders may not be combined with the opening floor order and the annual re-order minimum is $10,000 in order to retain Stocking Retailer status. A consistent 2.5 mark-up or higher is mandatory and enforced across all channels of distribution (street retail, to-the-trade showrooms and e-commerce retail). Oly finish sample box and fabric ring will be included with opening order. New stocking accounts and non-renewing stocking accounts are subject to geographical conflict checks and current opening order minimums. Other square footage commitments may apply

 

Payment Methods

 

A. Oly accepts payment via credit card, check, and wire transfer.

 

B. Credit Cards: Oly accepts Visa, MasterCard, American Express, Discover and Diner's Club. A signature and/or written approval is required for authorization of all credit card charges.

 

C. Checks: In stock goods will not be reserved until receipt and deposit of check payments. A bank transaction fee of $ 50 will be charged for each check returned from the bank unpaid.

 

C. Oly does not accept third party forms of payment.

 

D. Wires: Contact the sales representative in the relevant zip code for wire account information.

 

Confirmation

 

A. Upon receipt of a purchase order, Oly will fax or email a quote or order confirmation. Purchase orders received without payment will remain a quote only. It is the customer's responsibility to review the quote, and upon verifying that all the information is correct and forward required payment to finalize the order. Sales quotes expire within 30 days.

 

B. In addition to required payments, Oly requires the following information prior to placement and subsequent shipment of any order:

 

• A copy of a valid state resale license and/or business license

• A valid e-mail address

• A commercial delivery location (Additional fees may apply for delivery to any non-commercial location without a freight dock. See paragraph 6 herein.)

 

C. Items that are in stock require full payment. Balance payments for backordered goods must be received within 7 days of request. Oly CANNOT "hold" inventory. If payment in full is not received within 7 days, available goods may be returned to inventory and the deposit forfeited. Products may also be returned to inventory if all necessary delivery information is not received in a timely fashion. Prior to taking any action, Oly will provide email, fax and phone notice of pending cancellations, and will allow customers 7 business days to respond.

 

Shipping

 

A. Oly ships product as soon as available. This may result in multiple shipments. Our standard, flat rate freight pricing ensures that freight will not be charged more than one time for any one product, regardless of the number of shipments on the order.

 

B. Freight charges are calculated as a percentage of your order value and delivery zip code as follows:

 

• Zip Codes: 0, 1, 2 & Florida - 12%

• Zip Codes: 3, 4, 5 & 6 - 10%

• Zip Codes: 7, 8, & 9 (except Hawaii) - 8%

• Alaska, Hawaii, and International - Special Quote

 

C. Oly is a manufacturer and does not sell direct to consumer accept via OLY Atelier 212.219.8969. Freight shipments are shipped to loading docks or curb side delivery is made at commercial delivery locations only. If approved, small parcel shipments may be shipped to residential locations. It is your responsibility to inform Oly if additional delivery services are required at time of payment and prior to confirmation of any sales order. Contact your regional sales representative regarding residential curb side delivery or white glove and inside delivery service. Surcharges apply. [See paragraph 6A]

 

D. Orders ship FOB Reno, NV on a pallet for commercial delivery via common carriers or small parcel shippers unless otherwise specified.

 

E. Oly does not work with third party shippers.

 

F. Refusal of a shipment will incur a 25% restocking fee plus shipping charges.

 

G. Oly reserves the right to change freight rates based on carrier market conditions.

 

H. Oly is not responsible for fees incurred by receiving services. In the event that a shipment is consigned directly to a receiving service, said service is required to abide by Oly Terms & Conditions. It is the registered customer's responsibility to furnish receiving services with Oly Terms & Conditions.

 

Drop Shipping

 

A. It is the customer's responsibility to provide Oly with all relevant information for drop ship orders at the time of sales order entry. Oly reserves the right to assess the following surcharges for any drop-shipment, in addition to standard freight:

 

• Residential White Glove Delivery (includes delivery appointment, INSIDE delivery and removal of pallet and packaging)

• Residential Curbside Delivery (includes delivery appointment and liftgate service)

 

B. With respect to damage and defect claims, drop shipments are subject to all terms as herein referenced in paragraph 8. Further to said terms, Oly customers must report any drop shipment claims to Oly within 5 days of delivery. An end consumer (drop ship recipient) cannot file a claim directly with Oly. It is the Oly customer's responsibility to be the liaison between Oly and consumer as Oly does not communicate directly with end consumers or contracted third parties. Oly will communicate directly with the registered customer for all repair, damage claims, invoicing, and returns.

 

C. Prior to signing for the shipment, the end consumer or drop ship recipient must immediately inspect shipments for any damage or defects. Claims will not be accepted unless all damages and/or defects are clearly noted on the carrier's delivery receipt prior to signing for the delivery and release of the carrier.

 

D. SAVE ALL PACKAGING UNTIL THE CLAIM IS RESOLVED . If packaging is not retained, repackaging will be at the Oly customer's expense.

 

E. If shipment damage indicators (for example, Shock Watch) are on the items and they indicate damage, the items must be signed for as damaged.If not, Oly reserves the right to deny the claim. Freight/Handling damage must be noted on carrier's proof of delivery or receiver is responsible for damage upon release of the driver.

 

F. Freight carriers do not enter a location and assist with uncrating, unboxing, removal of material(s), or product placement. If additional services are necessary, White Glove Delivery may be required.

 

G. Refusal of a shipment by the end-customer/client for any reason may cause a 25% restocking fee and freight charges.

 

International Shipments

 

A. International shipments ship via ExWorks incoterms unless otherwise specified and agreed to by Oly in writing.

 

B. Oly accepts letters of credit or prepayments via wire transfer for international shipments.

 

Damaged or Defective Product

 

A. Because Oly products incorporate a variety of natural materials, there will be inherent variations in grain, tone, striation, etc. which may be different from the products shown in our fabric and finish samples, catalog, website, retailers and showrooms.

 

B. Oly upholstery utilizes many natural and complex materials. Please consult the registered customer's sales representative if you have questions about durability. Some textiles may not be suitable for the registered customer's specific use, even if available. Variations in upholstered goods are inherent.

 

NOTE - OLY MAY NOT REPLACE A DAMAGED OR DEFECTIVE PRODUCT UNLESS THE FOLLOWING PROCEDURES ARE COMPLETED:

 

C. A claim for shipping damages will not be accepted unless the damages are noted on the carrier's delivery receipt. Freight/Handling damage, including damage evident on outside packaging, must be noted on carrier's proof of delivery prior to release of the carrier's driver or the receiver assumes responsibility for damage. In the event the receiver fails to note damages on carrier's bill of lading, Oly will be unable to initiate a claim with the carrier on behalf of the Oly customer and the receiver will assume responsibility for all damages.

 

D. All damages must be reported to the Oly's Post Sales Service department within 5 days after receipt of delivery for a claim to be processed. A claim may not be processed unless relevant photos of any damage and/or defects are also provided to the Post Sales Service within 5 days after receipt of delivery.

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E. Oly will issue an appropriate credit or send replacement product upon authorized return of defective or damaged product.

 

F. Damaged or defective product must be returned to Oly prior to the shipment of a replacement product.

 

G. Merchandise that is returned without a Return Authorization Number will not be accepted or credited.