privacy policy
Order Subject to Acceptance
All orders are subject to acceptance by Xander Noori ("Seller"), at Seller’s designated location for acceptance of orders.
Entire Agreement
ACCEPTANCE OF ORDERS IS BASED ON THE EXPRESS CONDITION THAT YOU ("YOU" OR "BUYER") AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. ACCEPTANCE OF DELIVERY BY BUYER WILL CONSTITUTE BUYER'S ASSENT TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS REPRESENT THE COMPLETE AND EXCLUSIVE AGREEMENT OF THE PARTIES, AND NO TERMS OR CONDITIONS IN ANY WAY ADDING TO, MODIFYING, OR OTHERWISE CHANGING THE PROVISIONS STATED HEREIN SHALL BE BINDING UPON SELLER UNLESS MADE IN WRITING AND SIGNED AND APPROVED BY AN AUTHORIZED REPRESENTATIVE OF SELLER. THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR AND/OR CONTEMPORANEOUS AGREEMENTS BETWEEN BUYER AND SELLER. NO MODIFICATION OF ANY OF THESE TERMS WILL BE EFFECTED BY SELLER’S SHIPMENT OF GOODS FOLLOWING RECEIPT OF BUYER'S PURCHASE ORDER, SHIPPING REQUEST, OR SIMILAR FORMS CONTAINING PRINTED TERMS AND CONDITIONS CONFLICTING OR INCONSISTENT WITH THE TERMS HEREIN.
Custom Orders, Returns & Cancellations Policy
All furniture and fixture items sold by Xander Noori are made to order or fulfilled according to the specifications of each purchase. Custom orders may not be canceled after forty-eight (48) hours from the order date and are not eligible for return thereafter. Any request to change, cancel, or return an order must be submitted in writing and approved in advance by Xander Noori (“Seller”). Approved changes, cancellations, or returns may be subject to fees of up to 50% of the net selling price. Special-order items are final sale and may not be canceled or returned.
Force Majeure
Xander Noori shall not be responsible for any delay in production, completion, shipment, or delivery, nor for any failure to perform, when such delay or failure results from force majeure or any cause beyond Seller’s reasonable control. These causes may include, without limitation: (a) government actions, war, terrorism, riots, civil unrest, embargoes, pandemics, or martial law; (b) inability to obtain required materials from customary suppliers; (c) shortages of labor, raw materials, manufacturing capacity, or transportation services, including transit delays; (d) labor disputes involving Seller’s workforce or the workforce of others; (e) fire, earthquake, storm, flood, other casualty, or other acts of God; or (f) any other manufacturing or shipping contingency outside Seller’s reasonable control.
If Seller’s performance is delayed in whole or in part due to any such event, Xander Noori shall be entitled to a reasonable extension of time to perform its obligations based on the circumstances. Buyer’s acceptance of the goods will constitute a waiver of any claim for damages arising from any delay in delivery.
Taxes
All applicable taxes, duties, VAT, and similar governmental charges are the responsibility of the Buyer and are assessed according to the destination of the shipment and applicable law.
Within the United States, tax rates may vary by shipping zip code. For shipments to European destinations, taxes and VAT may vary by country and local tax requirements. These amounts will be calculated and applied to the order where required.
Title/Risk of Loss
Delivery of goods to carrier shall be deemed delivery to Buyer, and thereupon title to such goods, and risk of loss or damage, shall pass to Buyer. Any claim by Buyer against Xander Noori or carrier for shortage or damage occurring prior to such delivery must be made in writing within forty-eight (48) hours after receipt of shipment and accompanied by the original transportation bill signed by the carrier noting that the carrier received the goods from Xander Noori in the condition claimed.
Warranty and Disclaimer
Except as specified herein, Xander Noori warrants that any goods sold hereunder will be free from defects in workmanship and materials for six (6) months. This warranty does not apply to damage or breakage resulting from misuse, accidents, dramatic temperature variation, abuse, neglect, mishandling, or wear and tear resulting from normal use. Defective products will be replaced within the normal production time period required to reorder and manufacture the same product. Furniture: Many wood and metal finishes are applied by hand and may vary in color, tone, and character. While Xander Noori will make every effort to match a finish, no guarantee can be made of an exact match. Xander Noori does not guarantee finishes against fading or oxidizing. Variations in color and veining are inherent in stone and wood and are considered part of their natural beauty. Furniture and lighting are handmade and therefore are subject to slight variations. Textiles: Xander Noori does not guarantee fabrics, whether dyed or natural, against fading. This warranty does not apply to COM products or other materials applied to Xander Noori products. The suitability of any fabric or leather for a particular use is entirely at the discretion of the purchaser. Purchaser is responsible for all information related to any required testing and treatment for fabrics purchased. Requirements may vary depending on the application and jurisdiction.
Limitation of Remedies
XANDER NOORI SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES, DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF THE GOODS, OR FROM ANY OTHER CAUSE WITH RESPECT TO THE GOODS OR THIS AGREEMENT, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY IN TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY. XANDER NOORI'S TOTAL LIABILITY HEREUNDER IN ANY CASE IS EXPRESSLY LIMITED TO REPAIR OR REPLACE (IN THE FORM ORIGINALLY ORDERED), AT XANDER NOORI'S ELECTION, THE GOODS NOT COMPLYING WITH THIS AGREEMENT, OR TO THE REPAYMENT OF, OR CREDITING BUYER WITH, AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH AFFECTED GOODS. THE REMEDY PROVIDED FOR ABOVE IS BUYER'S SOLE REMEDY FOR ANY FAILURE OF XANDER NOORI TO COMPLY WITH ITS OBLIGATIONS REGARDING THE WORKMANSHIP OF ITS PRODUCTS. XANDER NOORI'S TOTAL LIABILITY TO BUYER SHALL NOT EXCEED THE PRICE OF THE PRODUCT OR PART ON WHICH SUCH LIABILITY IS BASED.
ANY CLAIM BY BUYER WITH REFERENCE TO THE GOODS SOLD HEREUNDER FOR ANY CAUSE SHALL BE DEEMED WAIVED BY BUYER UNLESS BUYER PROVIDES WRITTEN NOTICE TO XANDER NOORI WITHIN TWENTY-FOUR (24) HOURS AFTER DELIVERY RECEIPT OF THE SHIPMENT.
Remedies upon default
Xander Noori requires payment before shipping the order. If the buyer does not pay as agreed, or breaks any part of the agreement, Xander Noori can cancel any part of the order that has not shipped yet, keep the goods, and keep the deposit as compensation.
exclusions
All drawings, descriptions, weights, dimensions, and illustrations provided by Xander Noori in catalogs, price lists, advertisements, or other materials are intended only as general representations of the goods and are approximate in nature. Such information does not form part of this agreement. Because furniture and lighting are handcrafted, slight variations may occur. Unless otherwise stated, dimensions listed in the price list are subject to a tolerance of up to 1/2 inch.
Controlling Law
This agreement shall be deemed to have been executed and delivered at XANDER NOORI LLC, 4790 IRVINE BLVD. SUITE 105-473, IRVINE CA, 92620. This agreement and all rights and obligations hereunder, including matters of construction, validity and performance shall be governed by the laws of the State of California.