TERMS OF SERVICE
OVERVIEW
This website is operated by Basilicca. Throughout the site, the terms “we,” “us,” and “our” refer to Basilicca. Basilicca offers this website, including all information, tools, and services available from this site, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting our site and/or purchasing a product from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, vendors, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any portion of the site, you agree to be bound by these Terms. If you do not agree to all terms and conditions, you may not access the website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the website shall also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to review this page periodically. Continued use of the website following the posting of changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services.
1. Orders Subject to Acceptance
All orders placed through the website or otherwise are subject to acceptance by Basilicca at its designated location for order acceptance. Basilicca reserves the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud.
2. Entire Agreement
These Terms constitute the complete and exclusive agreement between you (“Buyer”) and Basilicca regarding the purchase of products and supersede all prior or contemporaneous agreements, representations, or understandings. Acceptance of delivery constitutes Buyer’s assent to these Terms. No modification of these Terms shall be binding unless made in writing and signed by an authorized representative of Basilicca.
3. Prices and Payment Terms
All prices are subject to change without notice and are exclusive of shipping, installation, crating, handling, storage, taxes, duties, and other applicable charges.
Unless otherwise agreed in writing, a non-refundable deposit of fifty percent (50%) of the purchase price is required to initiate production of a custom-made product. The remaining balance is due upon completion of production and prior to shipment.
Orders must be paid in full before shipment. Failure to remit payment when due may result in delays, storage fees, or cancellation of the order at Basilicca’s discretion.
4. Storage
If delivery or installation is delayed due to Buyer’s failure to prepare the installation site or accept delivery, Basilicca may store the product. Storage beyond any complimentary period may incur storage fees, which will be invoiced to the Buyer.
5. Cancellations, Changes, and Returns
All Basilicca products are custom-made. Once production has commenced, orders may not be canceled, modified, refunded, or returned. Any requested changes prior to production require written approval and may result in additional charges or revised lead times.
6. Production and Delivery Dates
All production, shipping, and installation dates are estimates only. Basilicca shall not be liable for delays caused by circumstances beyond its reasonable control, including but not limited to material shortages, transportation delays, labor issues, acts of God, governmental actions, or force majeure events. Acceptance of delivery constitutes a waiver of any claim for damages arising from delays.
7. Taxes and Duties
All applicable taxes, duties, customs fees, and governmental charges related to the purchase, shipment, or installation of goods shall be borne by the Buyer.
8. Title and Risk of Loss
Title and risk of loss transfer to the Buyer upon delivery of the goods to the carrier. Any claims for damage or shortage must be made in writing within forty-eight (48) hours of delivery and documented with appropriate carrier records.
9. Warranty and Disclaimer
Basilicca warrants that its products will be free from defects in workmanship and materials for a period of one (1) year from the date of delivery, unless otherwise specified in writing. This warranty does not cover damage resulting from misuse, abuse, neglect, accidents, improper installation, environmental conditions, or normal wear and tear.
For purposes of this warranty, “heavy items” include, without limitation, any furniture or product that requires disassembly, specialized equipment, or more than one person to lift, move, or relocate safely, as determined by Basilicca in its sole discretion.
Any repair, alteration, or modification by anyone other than Basilicca or an expressly approved resource will void this warranty, including, without limitation, improper handling, relocation, or movement of heavy items, defined as any product requiring disassembly, specialized equipment, or multiple persons to move safely.
Furniture Finishes and Materials
Many wood and metal finishes are applied by hand and may vary in color, tone, and character. While Basilicca will make every effort to match a finish, an exact match cannot be guaranteed. Basilicca does not guarantee finishes against fading or oxidation. Variations in color, grain, and veining are inherent in natural materials such as wood and stone and are considered part of their natural beauty. Furniture and lighting are handmade and may be subject to slight variations. The suitability of any fabric or leather for a particular use is solely the responsibility of the purchaser.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability
To the fullest extent permitted by law, Basilicca shall not be liable for any incidental, indirect, or consequential damages arising from the purchase, use, or installation of its products. Basilicca’s total liability shall not exceed the purchase price of the product giving rise to the claim. Repair or replacement, at Basilicca’s discretion, shall be the Buyer’s sole remedy.
11. Remedies Upon Default
If Buyer fails to comply with these Terms or remit payment when due, Basilicca may cancel the order, suspend performance, retain deposits as liquidated damages, or pursue any remedies available at law or equity.
12. Product Descriptions and Variations
All drawings, dimensions, photographs, and descriptions are approximate and provided for reference only. Due to the handmade nature of the products, minor variations in size, finish, and detail are to be expected and do not constitute defects.
13. Waiver
Failure by Basilicca to enforce any provision of these Terms shall not constitute a waiver of future enforcement of that or any other provision. Any waiver must be in writing and signed by an authorized representative of Basilicca.
14. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.
15. Governing Law and Venue
These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, the website, or any products or services sold by Basilicca shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in New York County, New York, and the parties irrevocably consent to the personal jurisdiction and venue of such courts.
16. Consumer Rights
Nothing in these Terms of Service shall limit or exclude any rights or remedies that may not be lawfully waived under applicable consumer protection laws in the jurisdiction in which you reside.