Terms & Conditions
Ambiente Modern is a third generation family-owned business. We care deeply about contemporary furniture, design, and serving the needs of our clients. This document sets out the terms and conditions of sale.
SPECIAL ORDERS
Special Orders are items not in stock at the time of purchase and ordered specifically for the Customer.
- A 50% NON-REFUNDABLE DEPOSIT is required at purchase.
- After 72 hours, Special Orders are NON-CANCELABLE, NON-RETURNABLE, AND NON-REFUNDABLE; deposits will be FORFEITED if the Customer cancels or fails to complete the purchase.
- FULL PAYMENT IS REQUIRED BEFORE DELIVERY OR PICKUP.
- Customers are responsible for ALL PAYMENT-RELATED FEES, CHARGEBACKS, OR COSTS imposed by banks or card issuers.
- Delivery times are estimates only; delays beyond Ambiente’s control are governed by FORCE MAJEURE.
IN-STOCK MERCHANDISE
- Must be PAID IN FULL AT TIME OF PURCHASE.
- Delivery or pickup must be scheduled within 30 DAYS of purchase, or STORAGE FEES will apply.
- Returns/exchanges are subject to the RETURN POLICY.
CLEARANCE MERCHANDISE
- Must be PAID IN FULL AT TIME OF PURCHASE.
- Delivery or pickup must be scheduled within 30 DAYS of purchase, or STORAGE FEES will apply.
- Returns/exchanges are subject to the RETURN POLICY.
STORAGE FEES & FORFEITURE
- Merchandise held longer than 30 DAYS (from purchase for stocked items, or arrival for Special Orders) is subject to STORAGE FEES OF 5% OF THE PURCHASE PRICE PER MONTH.
- Fees begin once the final item on the order is received.
- If fees remain unpaid for 60 DAYS, Ambiente may treat the order as REJECTED, and:
- All monies paid (including deposits) are FORFEITED.
- Ambiente may resell the merchandise WITHOUT NOTICE.
DELIVERY
Ambiente offers WHITE-GLOVE DELIVERY. Delivery fees are NON-REFUNDABLE ONCE SCHEDULED. If cancellation or rescheduling occurs within forty-eight (48) hours of a scheduled delivery, a RESCHEDULING FEE will be charged.
Customers must:
- Measure all access points. FAILURE TO FIT IS NOT GROUNDS FOR RETURN, REFUND, OR CANCELLATION.
- Clear the delivery area of existing items and ensure safe access to the home/building.
- If delivery cannot be completed due to Customer’s absence or unpreparedness, a REDELIVERY FEE will be charged.
- Ambiente does not handle Customer electronics.
AMBIENTE SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE (INCLUDING WALLS, FLOORING, FIXTURES, LANDSCAPING, OR DRIVEWAYS) ARISING FROM DELIVERY ATTEMPTS UNDER RESTRICTED OR UNUSUAL CONDITIONS, EVEN IF REASONABLE CARE IS EXERCISED.
PICK-UP
- Customers must bring their own labor and packing materials.
- Ambiente staff may assist at their discretion, but ALL RISK TRANSFERS TO THE CUSTOMER IMMEDIATELY UPON RELEASE OF MERCHANDISE.
- Customers must inspect merchandise before signing acceptance; ACCEPTANCE IS FINAL AND BINDING.
SELLER’S RIGHT TO CANCEL
Ambiente may cancel any order (special, in-stock, or clearance) PRIOR TO DELIVERY OR PICKUP if:
- The vendor discontinues, refuses, or cannot fulfill the product, or alters pricing/specifications/availability.
- A FORCE MAJEURE event prevents or delays fulfillment.
- The Customer fails obligations (payment, scheduling, accurate/safe delivery conditions), or engages in ABUSIVE OR HARASSING CONDUCT toward Ambiente staff or contractors.
- Errors, fraud, misrepresentation, or health/safety risks arise.
Ambiente may also refuse future sales/service to Customers who engage in abusive or inappropriate conduct.
SOLE REMEDY: The Customer’s sole remedy is a REFUND OF MONIES PAID for canceled items. Refund will be issued within 30 DAYS, OR LONGER IF REASONABLY REQUIRED due to banking, vendor, or processing delays. Ambiente shall have NO LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES.
RETURN POLICY
- Returns must be requested WITHIN 7 DAYS OF DELIVERY and merchandise must be in LIKE-NEW, SELLABLE CONDITION, SUBJECT TO AMBIENTE’S INSPECTION.
- All original packaging and documentation must be included.
- AMBIENTE’S INSPECTION AND DETERMINATION OF CONDITION SHALL BE FINAL AND BINDING.
- NOT ELIGIBLE: Special Orders, Clearance items, bedding (mattresses, pillows, linens, sleeper sofas), altered/damaged goods, or items repaired by Customer/third parties.
- RESTOCKING FEE: 30% OF THE PURCHASE PRICE.
- Delivery, shipping, and pickup fees are NON-REFUNDABLE.
- Additional pickup fees apply if Ambiente retrieves merchandise.
- Refunds will be issued to the original payment method. Cash/check refunds will be issued by company check within 30 DAYS
WARRANTY
- Ambiente warrants merchandise against manufacturing defects for 1 YEAR from delivery/pickup.
- Ambiente’s sole obligation: REPAIR OR REPLACEMENT ONLY (AT AMBIENTE’S OPTION). Repairs/replacements do not extend the warranty period.
- EXCLUSIONS: Normal wear, natural material variations, misuse, accidents, improper care, unauthorized repairs/alterations, or commercial use.
- Warranty does NOT ENTITLE CANCELLATION, REFUND, OR REPLACEMENT OF NON-DEFECTIVE ITEMS.
- AMBIENTE DOES NOT AUTHORIZE ANY PERSON OR ENTITY TO ASSUME FOR IT ANY OTHER WARRANTY OBLIGATIONS.
- Except as expressly stated, Ambiente disclaims ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS.
- After 1 year, manufacturer’s warranties (if applicable) govern; Ambiente may assist with claims.
- Optional accidental damage protection may be available at purchase under separate terms.
TITLE & RISK OF LOSS
- TITLE AND RISK OF LOSS TRANSFER TO THE CUSTOMER UPON DELIVERY OR PICKUP, WHICHEVER OCCURS FIRST.
- For clearance items, transfer occurs at TIME OF SALE, REGARDLESS OF DELIVERY TIMING.
- Delays in acceptance do not shift risk back to Ambiente.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW:
- AMBIENTE’S LIABILITY IS LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER.
- AMBIENTE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, INCONVENIENCE, OR REPUTATIONAL HARM).
INDEMNIFICATION
Customer agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS Ambiente, its employees, agents, and contractors from claims, damages, or expenses (including REASONABLE ATTORNEY’S FEES AND COSTS OF ENFORCEMENT) arising from:
- Customer’s breach of these Terms,
- Misuse, alteration, or improper care of merchandise,
- Failure to provide accurate information or safe conditions for delivery/installation,
- Third-party claims (property managers, associations, neighbors) relating to delivery, installation, or use of merchandise.
FORCE MAJEURE
Ambiente is not liable for failure or delay due to events beyond its reasonable control, including manufacturer delays, shortages, customs disruptions, natural disasters, weather, pandemics, war, terrorism, strikes, government actions, embargoes, tariffs, or accidents.
IN SUCH EVENT, AMBIENTE’S PERFORMANCE OBLIGATIONS SHALL BE EXTENDED FOR THE DURATION OF THE DELAY, AND CUSTOMER SHALL NOT BE ENTITLED TO CANCEL, REFUSE, OR OBTAIN A REFUND.
GOVERNING LAW & DISPUTES
- Governed by the laws of NORTH CAROLINA.
- Disputes resolved exclusively in the state or federal courts of WAKE COUNTY, NC.
- The PREVAILING PARTY in any dispute is entitled to recover attorney’s fees and costs.
ELECTRONIC COMMUNICATIONS & SIGNATURES
Customer consents to electronic communications and agrees that ELECTRONIC SIGNATURES ARE VALID AND ENFORCEABLE as originals.
GENERAL PROVISIONS
- These Terms, together with the sales order, form the ENTIRE AGREEMENT.
- Changes must be in WRITING SIGNED BY BOTH PARTIES.
- NO ORAL REPRESENTATIONS ARE BINDING.
- If any provision is invalid, the remainder remains enforceable.