Consigment, Sales, Return & Warranty Policy
By accepting delivery of, purchasing, or taking possession of any rug or other merchandise from LOOMS OF TURKEY INC (“Company”), the customer (“Purchaser”) acknowledges and agrees to the following terms and conditions.
1. TWO-DAY CONSIGNMENT PERIOD
Rugs and other merchandise may be provided to the Purchaser on consignment for a period of two (2) days, unless otherwise agreed to in writing.
During the consignment period, the Purchaser may inspect and evaluate the merchandise. At the end of the two-day period, the Purchaser must either purchase the merchandise or return it to the Company in the same condition in which it was delivered.
2. OWNERSHIP AND TITLE
Title to and ownership of all merchandise delivered to the Purchaser shall remain with the Company until the merchandise is purchased and paid for in full.
Merchandise shall remain the property of the Company and shall be considered outstanding on consignment until full payment has been received. Upon full payment, title to the purchased merchandise shall transfer to the Purchaser.
Upon request, the Purchaser agrees to execute any financing statement or other documents reasonably requested by the Company to protect the Company’s ownership and security interest in the merchandise under the applicable Uniform Commercial Code (“UCC”).
3. RESPONSIBILITY FOR MERCHANDISE
The Purchaser assumes full responsibility for all merchandise from the time of delivery until it is returned to and accepted by the Company or purchased and paid for in full.
The Purchaser is responsible for any loss, theft, disappearance, damage, staining, alteration, or destruction of merchandise while it is in the Purchaser’s possession, custody, or control.
The Purchaser shall not cut, resize, wash, dye, repair, alter, modify, or otherwise change any merchandise without prior written authorization from the Company.
4. INSURANCE
While merchandise remains in the Purchaser’s possession, the Purchaser is responsible for maintaining appropriate insurance covering the merchandise at its full stated value against all risks of loss, theft, fire, water damage, accidental damage, and other applicable risks.
The Purchaser remains responsible for the merchandise regardless of whether the Purchaser’s insurance provides coverage.
5. PURCHASE AND PAYMENT
If the Purchaser elects to purchase the merchandise, the Purchaser agrees to pay the full purchase price stated on the applicable invoice, receipt, sales document, or other written agreement.
Unless otherwise agreed in writing, payment must be received in full before ownership and title transfer to the Purchaser.
A deposit or partial payment does not transfer ownership unless expressly agreed to in writing by the Company.
6. ALL SALES ARE FINAL
ALL SALES ARE FINAL.
Once merchandise has been purchased and paid for, the sale is final and the merchandise may not be cancelled, returned, exchanged, or refunded except where the Company expressly agrees otherwise in writing or where required by applicable law.
The Purchaser acknowledges that handmade, antique, vintage, Persian, Turkish, Oriental, tribal, silk, wool, and other unique rugs may naturally contain variations in color, weave, texture, dimensions, pile, pattern, knots, dyes, age, and condition.
Such characteristics are considered part of the nature and character of the merchandise and are not necessarily defects.
7. RETURN POLICY DURING CONSIGNMENT
During the two-day consignment period, the Purchaser may return the merchandise provided that:
• The merchandise is returned within the agreed consignment period;
• The merchandise is in the same condition as when delivered;
• The merchandise has not been damaged, stained, altered, cut, cleaned, repaired, or modified;
• The merchandise has not been exposed to water, food, chemicals, smoke, excessive moisture, pets, or other damaging conditions; and
• The merchandise has not been purchased.
The Company reserves the right to inspect merchandise upon return.
If merchandise is returned damaged or in materially different condition, the Purchaser may be responsible for reasonable cleaning, restoration, repair, replacement, or other costs, or the full value of the merchandise, as applicable.
8. NO RETURNS AFTER PURCHASE
After merchandise has been purchased and ownership has transferred, no returns, refunds, exchanges, or cancellations will be accepted, except as expressly agreed to in writing by the Company or as required by applicable law.
A change of mind, change in decorating plans, incorrect measurements, color preference, furniture changes, or inability to use the merchandise does not constitute grounds for a return or refund.
9. WARRANTY TERMS
Unless a specific written warranty is provided by the Company, all merchandise is sold “AS IS” and “WITH ALL FAULTS.”
The Purchaser understands that rugs, particularly antique, vintage, handmade, Persian, Turkish, Oriental, tribal, silk, wool, used, or restored rugs, may have characteristics associated with their age, origin, construction, and previous use.
These characteristics may include:
• Normal or uneven wear;
• Variations in pile height;
• Previous repairs or restoration;
• Reweaving;
• Abrasions;
• Fading or color variation;
• Dye migration;
• Staining;
• Age-related deterioration;
• Uneven edges or dimensions;
• Variations in weaving or knotting;
• Natural fiber irregularities;
• Minor imperfections; and
• Other characteristics normally associated with handmade, antique, vintage, or previously owned rugs.
Unless specifically stated otherwise in writing, these characteristics are not considered defects and are not covered by a warranty.
10. DISCLAIMER OF WARRANTIES
EXCEPT FOR ANY SPECIFIC WRITTEN WARRANTY EXPRESSLY PROVIDED BY THE COMPANY, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANDISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONDITION, DURABILITY, OR PERFORMANCE, TO THE EXTENT SUCH DISCLAIMERS ARE PERMITTED BY APPLICABLE LAW.
THE PURCHASER ACKNOWLEDGES THAT THE PURCHASER HAS HAD THE OPPORTUNITY TO INSPECT THE MERCHANDISE AND ACCEPTS THE MERCHANDISE IN ITS EXISTING CONDITION.
NO ORAL STATEMENT, REPRESENTATION, ESTIMATE, OR PROMISE SHALL CREATE A WARRANTY OR MODIFY THESE TERMS UNLESS CONFIRMED IN WRITING BY THE COMPANY.
11. CLEANING, REPAIR, RESTORATION AND CARE
Unless expressly stated in writing, the Company does not guarantee that any rug or other merchandise is suitable for a particular cleaning method, repair method, restoration method, installation method, environment, or use.
Cleaning, washing, moisture, improper storage, improper installation, sunlight, humidity, pets, furniture pressure, and other environmental conditions may affect the condition or appearance of a rug.
Any recommendation regarding cleaning, repair, restoration, padding, installation, or care is provided as general guidance and does not constitute a warranty unless expressly stated in writing.
12. DAMAGE AFTER DELIVERY
Any damage occurring after delivery to the Purchaser shall be the Purchaser’s responsibility unless the Company has expressly agreed in writing that the damage or condition is covered by a warranty.
The Purchaser must promptly notify the Company of any alleged defect or pre-existing damage.
The Company must be given a reasonable opportunity to inspect the merchandise before any third-party repair, cleaning, restoration, alteration, or modification is performed.
Unauthorized repair, cleaning, restoration, alteration, or modification may void any applicable written warranty.
13. DELINQUENT PAYMENTS
All delinquent or unpaid amounts shall bear interest from the date payment becomes due until paid at a rate of 1 % per month, or the maximum rate permitted by applicable law, whichever is lower.
The Purchaser shall also be responsible for reasonable costs incurred by the Company in collecting delinquent amounts, to the extent permitted by applicable law.
14. ATTORNEY’S FEES AND ENFORCEMENT COSTS
If the Company is required to consult an attorney or incur expenses to enforce its rights under these terms, collect amounts owed, recover merchandise, protect its ownership or security interest, or otherwise enforce these terms, the Company shall be entitled, to the extent permitted by applicable law, to recover reasonable attorney’s fees, court costs, collection costs, and other reasonable enforcement expenses from the Purchaser.
15. DEFAULT
The Purchaser may be considered in default if the Purchaser:
• Fails to pay amounts when due;
• Fails to return consigned merchandise when required;
• Damages, sells, transfers, pledges, or otherwise disposes of merchandise without authorization;
• Refuses to return merchandise upon lawful demand; or
• Otherwise materially breaches these terms.
Upon default, the Company shall have all rights and remedies available under these terms and applicable law, including the right to demand payment, recover possession of merchandise, and pursue other lawful remedies.
16. NO WAIVER
The Company’s failure to immediately enforce any provision of these terms shall not constitute a waiver of the Company’s right to enforce that provision in the future.
Any waiver must be made in writing.
17. GOVERNING LAW
These terms shall be governed by and interpreted in accordance with the laws applicable to the transaction and the jurisdiction in which the Company is located, without regard to conflict-of-law principles, except to the extent superseded by applicable federal law or the Uniform Commercial Code.
18. ACCEPTANCE OF TERMS
By accepting delivery of merchandise, taking possession of merchandise, signing an invoice or sales document, making payment, or otherwise purchasing merchandise from the Company, the Purchaser acknowledges that they have read, understood, and agreed to these Consignment, Sales, Return & Warranty Terms.
These terms may be updated by the Company from time to time. The terms applicable to a particular transaction shall be those in effect and provided to the Purchaser at the time of that transaction.