Online Purchase Terms and Conditions of Sale Between Customer and Seller
Please read these online purchase terms and conditions of sale carefully. If you purchase a product on the website (“website”), you indicate your acceptance of these online purchase terms and conditions of sale (“agreement”). This website and these terms and conditions are subject to change at any time without notice. For this reason, you should review the terms and conditions each time you purchase. Your continued access or use of this website shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.
The B&B Italia merchandise offered on this website is sold by Lumens, Inc.,(the “seller”) acting as merchant of the record on behalf of B&B Italia, U.S.A., inc. The merchandise on this website may only be purchased from the following states of the United States:
And this agreement applies only to sales within the said states of the United States (the “Designated States”).
- Alabama (AL)
- Arkansas (AR)
- Arizona (AZ)
- California (CA)
- Colorado (CO)
- Connecticut (CT)
- District of Columbia (DC)
- Delaware (DE)
- Florida (FL)
- Georgia (GA)
- Iowa (IA)
- Idaho (ID)
- Illinois (IL)
- Indiana (IN)
- Kansas (KS)
- Kentucky (KY)
- Louisiana (LA)
- Massachusetts (MA)
- Maryland (MD)
- Maine (ME)
- Michigan (MI)
- Minnesota (MN)
- Missouri (MO)
- Mississippi (MS)
- Montana (MT)
- North Carolina (NC)
- North Dakota (ND)
- Nebraska (NE)
- New Hampshire (NH)
- New Jersey (NJ)
- New Mexico (NM)
- Nevada (NV)
- New York (NY)
- Ohio (OH)
- Oklahoma (OK)
- Oregon (OR)
- Pennsylvania (PA)
- Rhode Island (RI)
- South Carolina (SC)
- South Dakota (SD)
- Tennessee (TN)
- Texas (TX)
- Utah (UT)
- Virginia (VA)
- Vermont (VT)
- Washington (WA)
- West Virginia (WV)
- Wisconsin (WI)
- Wyoming (WY)
Products marketed through the Website are sold to you by the company Lumens, Inc. (the “Seller”, “us”, “we”, or “our”), with registered office at 1850 Mt Diablo Blvd., Suite 220, Walnut Creek CA 94596, acting as merchant of record on behalf of B&B Italia, U.S.A., Inc. with registered office at 150 East 58th Street - New York, NY 10155 .
The “B&B Italia” brand is a registered trademark of B&B ITALIA S.p.A. (“B&B Italia”), with registered office at Via Manzoni, n. 38, 22060 Milano (Italy).
“You” or “your” refers to the person purchasing B&B Italia merchandise (the “Products”) through the Website.
This Agreement is between you and Seller. No contractual relationship is established between you and B&B Italia USA inc. or B&B Italia S.p.A.
The “Privacy Policy”, published on the Website (at this link) and incorporated herein by reference, describes how information, including Personal Information, is collected from you and subsequently used, shared, secured and otherwise processed. Your use of the Website is governed by the Terms and Conditions (the “Website Terms and Conditions”). In the event of a conflict between the Website Terms and Conditions and this Agreement, this Agreement will control with respect the purchase and sale of Products.
While reasonable efforts are made to include accurate and up to date merchandise information on this Website, errors or omissions sometimes occur. Corrections of any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information may be made at any time without prior notice. Such errors, inaccuracies or omissions may relate to pricing and availability, and Seller reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. In some cases, merchandise may be discontinued, with notice to the buyer.
Merchandise composition and manufacturing techniques vary by product and may change over time without notice. Final products may vary in color, finish, size, fabric, or other features.
Merchandise is displayed as accurately as possible. Merchandise may have been photographed with electronic equipment and the color may vary from the actual product or the color may vary on your computer equipment.
Our products are pre-configured Products that generally are available in stock for quick shipment (“Standard Products”). It may however be the case that our Standard Products are out of stock and not ready for quick shipment. If out of stock, delivery times may vary considerably, due to manufacturing process requirements. For the applicable delivery times, in either case, please refer to Section 4 below.
If made-to-order product offerings are made available on the Website (“Custom Products”), the applicable delivery time may vary considerably, depending on the required manufacturing process. Please review Section 4 below for further details on the relevant delivery times.
We will use reasonable efforts to provide up-to-date information about Products’ availability through our Website.
We use reasonable efforts to ensure the accuracy of prices posted on the Website, but we will not be responsible for typographical errors. Seller reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions even after an order has been submitted or the order has been confirmed and your credit card charged.
You are responsible for paying for a Product prior to delivery at the time the order is placed, including the full purchase price, any sales tax, VAT or import/export duties, delivery and installation fees, and any other charges related to the sale of the Product (the “Total Purchase Price”). After you place an order with us (an “Order”), you will receive an email confirmation from us (“Order Confirmation”).
If for any reason after receipt of the Order Confirmation, you cancel a payment made by credit card or any other means or you otherwise fail to make any payment(s) of the Total Purchase Price, you shall remain liable to the Seller for the full Total Purchase Price and any additional costs incidental to the sale of the item, including but not limited to storage and handling fees if applicable and any costs incurred by the Seller associated with collecting any amount due to the Seller including but not limited to legal fees, default interest rates and costs related to currency fluctuations.
We will deliver Standard Products that are available in stock, to the delivery address indicated by you and provided that it the delivery is within the United States (excluding Wisconsin, Illinois and California), typically between 2 to 4 weeks from the Order Confirmation date].
We will deliver the Standard Products that are not available in stock and Custom Products, if the latter are made available for ordering on our Website, to the delivery address indicated by you and provided that it is within the United States (excluding Wisconsin, Illinois, and California), typically between 4 weeks to 6 months, from the Order Confirmation date.
In order to know the status of the shipment of the Product(s) you have purchased, you may contact our Customer Care service at 888 9821950
Upon delivery, we require your presence or that of a person authorized to receive the Product.
Product(s) will be delivered to the floor that you have previously indicated at the time of purchase and the persons delivering the products also assemble the items inside the desired location/room.
Please note that the above mentioned activities are strictly dependent on the type of Products concerned and/or on the structural characteristics of the location where the Products are to be brought, Our Products can be bulky and difficult to handle, due to size, weight and other characteristics. You are responsible for making sure theProduct(s) you have chosen can be delivered through all entry points by verifying building access and all doorway measurements. The access road to the delivery area must be open and accessible. Outside access to the delivery area must be clear and the inside area where the furniture will be placed must be accessible for placement of furniture. If you request additional services at the time of delivery that were not requested or specified at the time of purchase, additional fees may apply. These additional fees must be paid at the time such additional services are performed. Additional charges may also apply for remote location access, late cancellations, missed appointments, as well as any other extenuating delivery circumstances. Please see delivery checklist on website.
If the Product has not been delivered within the terms indicated in the Order Confirmation e-mail or afterwards, please contact our Customer Care service at 888 9821950
The risk of loss and damage to the Product, for reasons not attributable to us, is transferred to you once the Product is physically in your possession or in the possession of the person appointed to collect the Product on your behalf.
Shipping and delivery methods are determined by item size, type, fragility and specific characteristics. Shipping and delivery charges/costs are calculated based on carrier rates, delivery distance and packing complexity. For details (costs and payment, shipping time, etc.) regarding the delivery services, please refer to our delivery policy.
The B&B Italia merchandise offered on this website is sold by YDesign Group, LLC incorporated (the “seller”) acting as merchant of the record on behalf of B&B Italia, U.S.A., inc. The merchandise on this website may only be purchased from the following states of the United States: Alabama (AL), Arkansas (AR), Arizona (AZ), Colorado (CO), Connecticut (CT), District of Columbia (DC), Delaware (DE), Florida (FL), Georgia (GA), Iowa (IA), Idaho (ID), Indiana (IN), Kansas (KS), Kentucky (KY), Louisiana (LA), Massachusetts (MA), Maryland (MD), Maine (ME), Michigan (MI), Minnesota (MN), Missouri (MO), Mississippi (MS), Montana (MT), North Carolina (NC), North Dakota (ND), Nebraska (NE), New Hampshire (NH), New Jersey (NJ), New Mexico (NM), Nevada (NV), New York (NY), Ohio (OH), Oklahoma (OK), Oregon (OR), Pennsylvania (PA), Rhode Island (RI), South Carolina (SC), South Dakota (SD), Tennessee (TN), Texas (TX), Utah (UT), Virginia (VA), Vermont (VT), Washington (WA), West Virginia (WV), Wyoming (WY).
You may cancel any Order (both Standard Products and Custom Products) up 72 hours after delivery of the Order Confirmation. Orders are non-cancellable after such 72-hour period.
To send a cancellation request (a “Cancellation Request”), please follow the procedure as indicated on the Website at this link.
In case of valid Order Cancellation, 100% of the Total Purchase Price paid by you will be refunded within 30 (thirty) days from the date of the Cancellation Request.
B&B Italia guarantees the frame of its padded furniture (sofas, armchairs, chairs and beds) for 10 years from the date of manufacture (as stated on the “Product data sheet - Guarantee”).
These products are covered by the warranty against original defects in manufacturing of the structural parts consisting of the iron frame wrapped in cold foamed polyurethane.
B&B Italia guarantees the cover, the feet, the materials, accessories and mechanisms making up the product for 26 months from the date of manufacture (as stated on the “Product data sheet - Guarantee”) against any manufacturing defect including lacquering and frame of non-upholstery products.
In any case, the materials, even if tested for their reaction to light exposure , may be subject to alterations over time due to prolonged exposure to light, washing and ordinary mechanical wear.
The guarantee refers to original product manufacturing defects and consists of replacement or repair, free of charge, of the unusable or defective parts, ascertained and acknowledged as such by B&B Italia or its representative.
The warranty does not cover anomalies and spoilage due to:
- normal wear over time;
- illegitimate use;
- inappropriate care with treatments not complying with the enclosed instructions.
Moreover, the warranty does not cover defects of non-compliance that cannot be attributed to B&B Italia (e.g. incorrect assembling of the product and/or assembling not complying with the assembling instructions).
This provision also applies to those products that are designed to be installed directly by the consumer, in the presence of correct and exhaustive instructions.
The warranty shall be forfeited if the products are unassembled, modified or repaired by anyone who is not authorised by B&B Italia. Any intervention made in guarantee does not interrupt the course thereof.
To exercise the rights deriving from this warranty, the relevant “Product data sheet and Guarantee” shall be forwarded to B&B Italia (to the address stated below) bearing the date of manufacture; therefore, you should retain the “Product data sheet - Guarantee” for the entire period during which the guarantee is valid.
B&B Italia SpA
22060 Novedrate (CO) ITALY, Strada Provinciale 32 n.15
For the purpose of better preserving the product over time it is recommended:
- not to jump or sit on the overhanging parts, the backrests and the armrests;
- not to drag the product, lifting it instead, so as to avoid damages to the parts resting on the floor;
- to protect the product against shocks and contact with pointed and sharp elements and liquids or detergents containing corrosive agents;
- to follow the care instructions listed in the specific section of the material enclosed with the product.
Products can be returned in the following cases:
1) If the Guarantee Conditions, as set forth in the Section 6 above, are applicable and the return has thereby been authorized.
In this case, the Seller is responsible for return shipping charges/costs and will, at its sole discretion, provide a repaired Product or a new Product within the applicable delivery period for such Product, starting from the date of the returned Product’s arrival at the Seller’s location.
2) For Standard Products, if you change your mind, within 7 (seven) calendar days from the date of the Product’s delivery (the “Return Period”).
If you are not satisfied with your purchase upon receipt you can return Standard Product(s) only by contacting our Customer Care service at 888 9821950
Returns will be allowed subject to the following conditions (all of which must be satisfied):
a) Term: you must contact us within the Return Period.
b) Products: returns shall be permitted only for Standard Products. Custom Products are non returnable.
c) Restocking charges: each returned Product return you make, will be subject to a 35% restocking charge of the Total Purchase Price that you have paid, excluding original shipping costs;
d) Return shipping costs: you are responsible for return shipping costs
e) Refunds: the balance of the Total Purchase Price (excluding original shipping costs), remaining after deduction of the 35% restocking charges and of the return shipping costs will be refunded within 30 days from the date of the returned Standard Product’s arrival at the Seller’s location, if the Standard Product is returned in original condition, clean, and undamaged. No refund shall be made for the shipping costs you may have paid for the original product shipment. Unless otherwise determined with you, Refunds shall be made by using the same payment modalities you used to make the initial payment;
f) Items that cannot be returned and are not refundable: the following items shall in no event be eligible for return and refund:
i. items that are Custom Products, and items purchased as final sale or as special offers;
ii. items that are dirty and/or damaged by the client
3) If the Products are damaged due to the shipping and delivery services provided by us and /or if one of the Product’s components is not delivered. In such events, and after our check at the time of the installation activities, we will arrange the return procedure and we will repair or replace the affected products within the applicable delivery period for such Product, starting from the date of the returned Product’s arrival at the Seller’s location.
The only warranties and guarantees provided are expressly set forth in the “Product Warranty” and in the “Return Policy” in effect on the date of purchase, which Customer acknowledges have been reviewed and accepted. SELLER DISCLAIMS ALL CONDITIONS, WARRANTIES, AND GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THAT ARE NOT EXPRESSLY SET FORTH THEREIN AND ANY IMPLIED CONDITIONS, WARRANTIES, AND/OR GUARANTEES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
Please review Seller’s privacy policy for a description of Seller’s practices and policies relating to your data. The applicable privacy policy may be reviewed here.
You hereby authorize Seller and its agents to use phone numbers and email addresses provided by you for the purpose of this purchase agreement, and , specifically, for processing and managing the purchase orders and the relevant invoices, for order status updates and delivery scheduling.
We provide Customer Care Service.
For any questions or claims (e.g.: for shipping services, for return/restocking policy, for damaged products, for products guarantees, etc.) you can contact customer support at the following address: shop.us@bebitalia.com.
This Agreement shall be construed and interpreted in accordance with the laws of New York without regard to conflict of law principles. Any cause of action or claim you may have with respect to the Seller must be commenced within one (1) year after the claim or cause of action arises. In the event of a dispute, the parties agree to meet and confer in an effort to resolve the dispute informally. If such dispute is not resolved, then the parties shall move to binding arbitration which shall be governed by the American Arbitration Association and at the AAA regional office in New York, New York. Judgment on the arbitration award may be entered by any court of competent jurisdiction. You consent and submit to the jurisdiction of the American Arbitration Association and expressly waive all rights to trial by jury regarding any such matter.