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Terms & Conditions
1. ACCEPTANCE
These Terms & Conditions (these “Terms”) are an agreement between Jaipur Living, Inc. (“Jaipur Living,” “us,” “we,” or “our”) and you, our customer, reseller, partner, and/or buyer (referred to hereinafter as “Customer”, “you”, “they”, “your”), which governs all products, product orders and transactions between you and Jaipur Living. By choosing to do business with Jaipur Living, you are consenting and agreeing to these Terms.
2. ORDERS
Account Setup. You must complete a “New Account Application” form online via our website at www.JaipurLiving.com prior to being able to place an order. You will receive your new Jaipur Living account information via email within 1-2 business days. You may have the option to create multiple user logins for your account. You are solely responsible for (i) maintaining all user logins that you choose to establish; and (ii) all payments due to Jaipur Living in connection with any orders placed through a user account connected to your primary account.
Placing Orders. Placement of an order with Jaipur Living constitutes acceptance of these Terms. For orders less than $100.00, a minimum order fee of $15.00 will apply. Samples and swatches are excluded. Minimum order fee will be waived for orders placed directly on our website.
Orders can be made by one of the following methods:
Online: www.jaipurliving.com (for faster order processing time)
If unable to place order on our website for any reason, you may email us your order as below:
Email: orders@jaipurliving.com
Need to know where your order is? Login anytime 24/7 on our website www.JaipurLiving.com to check your order status.
Inventory. Updated inventory information and ETAs are available online at jaipurliving.com. You can also contact Customer Care at 888.676.7330 or email support@jaipurliving.com for inventory availability.
Samples. Samples may be provided in various sizes including 18” square, or 2’x3’ rug, and ring sets depending on availability in the collection requested. Please mark your order clearly “Samples.” Samples may not be returned after 90 days. Customer is responsible for all freight charges associated with receiving and returning any samples.
Order Tracking. Orders may be tracked by logging into our website at www.JaipurLiving.com. You may also request tracking information by contacting Customer Service at 888.676.7330 (8:00 a.m.-6:00 p.m. EST, M-F) or email support@jaipurliving.com.
Container Shipments. Orders for container shipments from overseas are available. Please contact your sales representative or email sales@jaipurliving.com for more information.
3. PRICING AND AVAILABILITY
Products are invoiced at the current price effective at the time of order. Jaipur Living reserves the right to change the prices, discontinue, modify or alter any and all catalog items at any time without notice. Quotation prices are firm for thirty (30) days from the date of the quotation, unless specifically stated to the contrary as part of a particular price quote. After the expiration of this thirty (30) day period prices will be subject to change without notice. Any variations in quantity specified and/or rate of delivery may necessitate a revision in price. Unless otherwise stated as part of price quote, all prices are F.O.B. shipping point. All products will be billed at the price in effect at the time of order.
4. PAYMENT AND LATE PAYMENT
Customer agrees to pay Jaipur Living in accordance with the payment terms appearing on the sales order and/or invoice. Terms are Pre-Pay or Net 30 days unless otherwise noted on your account. Jaipur Living accepts Visa, MasterCard, Discover and American Express as payment.
Jaipur Living’s prices do not include any federal, state or local property, sales, use, excise or similar tax. Consequently, in addition to the prices specified, the amount of any present or future sales, use, excise, GST or similar tax imposed due to the sale or products or services shall be paid by Customer unless Customer furnished an acceptable tax exemption certificate in advance to Jaipur Living.
A late payment service charge may, without prejudice to any other rights of Jaipur Living to demand immediate payment, be added to Customer’s account in the amount of 1.5% per month (or whatever is maximum allowable in the state in which Customer is located) on the unpaid past due balance. All returned checks will be assessed a $40.00 NSF fee. In the event it becomes necessary to place Customer’s account with a collection agency or attorney, Customer agrees to pay all cost and reasonable attorney’s fees.
Jaipur Living will run a Dun & Bradstreet report on your company to determine its credit worthiness. The terms of payment provided by Jaipur Living will be based on our assessment of the financial condition of Customer. If at any time Customer’s financial condition does not justify continuation of certain terms, we may require a change to the terms, such as full or partial payment in advance. Past due invoices may result in your account (and outstanding orders) being placed on “Hold” and/or loss of term privileges.
If you have any questions concerning invoices, payments and billing please contact us at ar@jaipurliving.com or call 888.676.7330.
5. SHIPMENTS
Orders for in-stock items are typically shipped within one (1) business day. All shipments will be FOB shipping point unless otherwise specified or requested. Jaipur Living offers flat rate shipping and shipping discounts for multi item orders. While we make no guarantees, Jaipur Living takes commercially reasonable actions to shop for methods of shipping that provide for beneficial shipping rates. If you have a preferred carrier or special requirements, please notify us in writing to communicate all procedures to be followed.
We also accommodate 3rd party shipping requests; please note this on your order. If you use third-party shipping, please be aware of the following applicable terms. Jaipur Living will not be responsible to pay for freight or any missing or damaged items when a third-party shipper is used by Customer. Customer will bear all responsibility for claims made in connection with their carrier. If your chosen carrier bills back to Jaipur Living for any unpaid invoice (including any charge back accessorial charges), we will bill your account or credit card for the freight charge, plus an additional administration fee of $15. You must also pay any pickup fees associated with such shipments. Customer is responsible for purchasing insurance to cover any damages or lost packages that may occur in transit by your chosen carrier. In the event of loss, please notify Jaipur Living of any items you wish to re-order, which will be billed by Jaipur Living as a new order, and you may then claim the loss amount directly with the carrier
PLEASE INSPECT ALL SHIPMENTS TO ENSURE CONTENTS MATCH BILL OF LADING. Signing the bill of lading confirms your receipt and acceptance of items. Any damaged items must be refused at time of delivery and noted by the carrier. Photos are required for all such claims. Residential and rural areas will incur additional freight charges. Customer will be responsible for any additional freight charges incurred due to residential delivery, lift gates, special delivery, etc. All rugs larger than 8 feet in length are required to ship via a trucking carrier (LTL). All rugs less than 8 feet in length will ship via FedEx Ground unless otherwise noted.
Warehouse pickup may be arranged at 1800 Cherokee Pkwy, Acworth, GA 30102. Please notify us at least 24 hours prior to scheduling your pick up by emailing support@jaipurliving.com. Pickup hours are M-F 8:00am to 5:00pm ET.
Note: Forklifts are not to be used when storing or moving rugs.
6. DROP-SHIPPING
Jaipur Living offers you the option of a drop-ship arrangement. Please contact us for additional details. You will be required to execute our Drop-Ship Agreement, which will contain additional terms and conditions. In the event of a conflict between these Terms and the terms of the Drop-Ship Agreement, the terms of the Drop-Ship Agreement will govern any matter relative to the drop-ship relationship.
7. DELIVERY, DELAYS AND DAMAGE
When we provide a delivery date, it is not a guarantee but rather the best estimate of the date based on when the product(s) will be shipped by Jaipur Living. Jaipur Living assumes no liability for loss of profits, special, incidental or consequential damages due to shipping or delivery delays. Jaipur Living assumes no responsibility for collection of loss or damage claims. Any visible loss or damage to a shipment must be indicated by a notation made by the carrier’s agent on the delivery receipt before the receipt is signed. The notation must clearly specify the extent of loss, shortage or damage.
8. CANCELLATION AND RETURN POLICY
Cancellation Policy. Cancellations are not guaranteed. In-stock items are shipped within a few hours of order placement and typically ship before they can be cancelled. Consequently, Jaipur Living may only allow cancellations for backordered items only. Cancellation requests must be submitted at least 24 hours prior to the shipment date. All cancellation requests must be submitted in writing (email: support@jaipurliving.com). A Cancellation is confirmed only when Jaipur Living responds and confirms that the order has been cancelled. If a cancellation request is made after shipment of an order, the cancellation will be treated as a return and all shipping charges to and from customer for the subsequent return will be the customer’s responsibility.
Return Policy. Jaipur Living allows returns in accordance with this paragraph. Rugs in original condition may be returned within 60 days from receipt with a 15% restocking fee. The applicable restocking fee will be 15% of the price of the rug, with a minimum fee of $15.00, but not to exceed $500.00. Jaipur Living does not accept the return of rugs after 60 days from receipt. Samples must be returned within 90 days or else will become non-returnable. Jaipur Living does not accept the return or exchange of custom orders or accessories such as rug pads, pillows, poufs and throws. All clearance and discounted items are final sale, and final sale items cannot be returned or exchanged.
Returns Procedure. Log into our website at www.jaipurliving.com to initiate a return. An RMA (Return Merchandise Authorization) will be issued once the return request is approved. Any item returned without an RMA may be refused at Customer’s expense. An RMA number must be clearly marked on the outside of the package for all returns, including samples.
For a product to be eligible for return, it must be unused, undamaged, unaltered by third-party products (e.g., fabric sprays), salable, and in original or equivalent packaging. Returned items should have a tracking number and proper insurance. Any cost incurred by Jaipur Living to put a returned product in appropriate condition for resale will be charged to Customer, which will be in addition to the restocking fee. The original cost of freight is not refundable, and all return freight charges are at Customer’s expense, unless the product is defective. Colors may vary slightly between dye lots and individual rugs. Slight pattern irregularities are normal in handmade items and not considered to be defective.
Subject to the foregoing requirements and inspection by Jaipur Living, Customer will receive a credit on account for the original billed amount for the item less the applicable restocking fee. If you maintain a prepay account and require a refund to be issued, please contact our Accounting Department to request a refund via email: ar@jaipurliving.com or Phone: 404-351-2360. Customer’s cost of the product constitutes the maximum liability that Jaipur Living will consider on any related claim.
Defective or Damaged Returns. Upon receipt of your merchandise, please inspect and open the package thoroughly with the driver present. Goods damaged in transit must be refused at time of delivery. It is possible that the outside packaging is intact while the product inside was damaged in transit. Photos are required on all defective product claims. If you are unable to open and inspect immediately at the time of delivery, please write “Subject to Inspection” on shipping documents before signing for delivery. Please clearly note on the BOL (Bill of Lading) any obvious issues or signs of damage such as torn packaging, rips, etc. The carrier or Jaipur Living cannot be held liable if BOL/Shipping document is signed and damage is not noted by the receiver. Verify your BOL/Shipping document for number of packages and note any items which have not been received. Please call Customer Care immediately at 888.676.7330 or email us at returns@jaipurliving.com and notify us that you have received/refused a damaged item. A reorder for the damaged/defective item will be processed once we receive your confirmation.
9. CUSTOM ORDERS
Jaipur Living provides the option of a custom order for certain products. Customer acknowledges that: (i) a custom rug is by nature a unique product; (ii) slight variations in color and size are normal for custom rugs; (iii) all custom rugs can have a variance of +/- 3 inches. Custom orders require a $500 minimum order and a minimum 50% deposit at the time the order is placed with the signed custom order form. The balance of the payment will be due prior to shipping. The payment policy on custom orders applies to all customers even though you may have Net 30 terms on other purchases. Any production time that may be provided is an estimate only, but Jaipur Living strives to meet stated time frames. Final delivery of a custom rug will vary based on size construction and shipping method. Visit our website www.JaipurLiving.com to get an instant quote and estimated arrival window for your custom order needs. There are no returns or refunds for custom order products. Customer must cancel a custom order within 5 business days from the date of the order or else the deposit will be forfeited.
10. MINIMUM ADVERTISED PRICE (MAP)
All products listed on our website will contain a price labeled as “MAP,” which represents the Minimum Advertised Price permitted under the Jaipur Living Minimum Advertised Price Policy. This Policy states Jaipur Living’s guidelines for the minimum price that can be disclosed in Customer’s online public solicitations, promotions and advertising for the applicable Jaipur Living products. The MAP Policy will be provided to all applicable Customers and is subject to change upon notice. Customer should review and understand all conditions of the MAP Policy prior to ordering a product intended for online resale. For more on the MAP Policy, click here.
11. WARRANTY
Every Jaipur Living rug is warranted against manufacturing defects for one (1) year from original purchase date. Jaipur Living may replace or repair at its discretion without charge. Customer is expected to inspect all claims from their retail customer. Jaipur Living representatives will only perform in store inspections, if applicable. Claims for damage arising from negligence or improper cleaning will not be accepted. The price of the product as charged to Customer will be Jaipur Living’s maximum liability on any claim. Please contact customer service by email at support@jaipurliving.com or by phone at 888-676-7330 for further information regarding the product warranty.
12. CUSTOMER REPRESENTATIONS
Customer represents and warrants that it will: (a) conduct business in an ethical manner that reflects favorably on the goodwill and reputation of Jaipur Living; (b) not take part in any advertising, marketing, sales, or other business practices that could reasonably be perceived as deceptive, misleading, or otherwise improper; (c) not make any false or misleading statement concerning Jaipur Living or any products or services of Jaipur Living; (d) not make any representation, warranty, or guarantee that are inconsistent with or absent from Jaipur Living’s specifications or product descriptions; (e) remain solely responsible for the accuracy of its marketing materials; (f) will comply with all applicable laws and regulations, including without limitation the Unfair, Deceptive or Abusive Acts or Practices Act (UDAAP), the Telephone Consumer Protection Act of 1991 (TCPA), Junk Fax Prevention Act of 2005, the CAN-SPAM Act of 2003, and any similar or related state laws or regulations, in each case as amended from time to time. Customer agrees to indemnify and hold harmless Jaipur Living from all damages, losses and costs arising out of Customers breach of the foregoing representations and warranties.
13. LIMITED LIABILITY
UNDER NO CIRCUMSTANCES SHALL JAIPUR LIVING, ITS AFFILIATES, OR OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY ORDER, PRODUCTS, OR SERVICES PROVIDED BY JAIPUR LIVING. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN JAIPUR LIVING AND CUSTOMER. NOTWITHSTANDING THE FOREGOING, JAIPUR LIVING’S LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER IN CONNECTION WITH THE PRODUCT(S) GIVING RISE TO THE APPLICABLE CLAIM. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
14. FORCE MAJEURE
In the event either party is prevented from performing this contract by circumstances beyond its control, and without its fault, including without limitation, strikes, lockouts, fire, explosion, flood, disruption of supply, acts of God, war or other hostilities, acts of terrorism, banking or other systemic economic failure, riot or other civil commotion, embargoes or other governmental acts, orders or regulations, breakdown of machinery, and inability to obtain shipping facilities or supplies, the obligation of Jaipur Living to deliver and the obligation of Customer to accept delivery of products or services hereunder during the period of such disability shall be suspended and the obligations so affected shall be cancelled without liability to either party or reasonable extensions of the time for performance will be granted. The foregoing does not relieve Customer of its obligation to pay for any products that are delivered or any custom rug orders that are manufactured.
15. WAIVERS AND ERRORS
Any order that contains terms and conditions in addition to or inconsistent with these Terms will not be binding upon Jaipur Living unless acceptance of each non-conforming term or condition is clearly and expressly made in writing by Jaipur Living. Moreover, failure of Jaipur Living to object to provisions contained in any purchase order or other communication from Customer shall not be construed as a waiver of these Terms, nor as acceptance of any such provisions. Acknowledgments of Customer’s order forms, facsimile orders or “releases” shall not be construed to be a waiver, amendment, or modification of these Terms. Jaipur Living is not responsible for typographical or written errors made in any quotations, orders or publications and all such errors are subject to correction.
16. GOVERNING LAW
Customer agrees that this is a Georgia contract construed according to Georgia law and that any litigation between the parties involving this agreement, and matters governed hereunder, will take place exclusively within Georgia under Georgia law with Customer agreeing to such jurisdiction, unless another venue is otherwise chosen by Jaipur Living.
17. FAIR LABOR STANDARDS ACT
Products to be furnished or services to be rendered hereunder will be produced or performed in compliance with all applicable requirements of the Fair Labor Standards Act of 1938, as amended on the date hereof, and in compliance with all applicable regulation orders of the Administrator of the Wage and Hour Division issued under this Act.
CONTACT INFORMATION
Address: 1800 Cherokee Pkwy, Acworth, GA 30102
Toll Free: 888.676.7330
Phone: 404.351.2360
Fax: 678.551.6677
Web: www.jaipurliving.com
Web Help: webhelpdesk@jaipurliving.com
General Email: info@jaipurliving.com
Order Status: support@jaipurliving.com or Login on our website at www.JaipurLiving.com to check your order status at any time.
Returns: Login on our website at www.jaipurliving.com to initiate a return request
Cancellations: support@jaipurliving.com
Sales: sales@jaipurliving.com
New Accounts: newaccounts@jaipurliving.com
Accounting: ar@jaipurliving.com
Fax: 678.551.6678
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