Terms of service
MATRIAE TERMS AND CONDITIONS OF USE AND SALE
New Merchandise:
Orders placed with Matriae, Inc. (referred to hereafter as Matriae), ship in brand new condition. When you place an order with Matriae, manufacturing and shipping resources proceed on your behalf and inventory is allocated to you.
All prices are in U.S. dollars. Prices and availability are subject to change without notification. We use reasonable efforts to ensure the accuracy of prices, item numbers, availabilities, specifications, and dimensions. However, there may be typographical errors or other mistakes, and we reserve the right to revoke any stated offer and to correct any mistakes or inaccuracies even after the order has been submitted. We also reserve the right to refuse any order or any portion of any order at our discretion.
Clearance Items will be clearly marked as such and may be factory closeouts, inventory from canceled orders, or returned items. Closeout items have limited supply. All sales are final for Clearance and Closeout items.
Limited Lifetime Warranty:
The original consumer purchaser is warranted that this item will be free from defects in material and workmanship under conditions of normal household use for as long as the original purchaser owns the furniture. Any furniture or component part thereof which is found to be defective in material and workmanship under conditions of normal household use will be, at our option, repaired or replaced with like furniture or furniture of comparable quality and value. Said repair or replacement will be without charge, but all transportation charges on shipments both to and from the repair location are the sole responsibility of the purchaser.
*Due to the unique nature of hand-craftsmanship and hand-painted, powder-coat finishes and the individual craftsmanship demonstrated in applying the finish to each product, slight variances are inherent and are not considered a manufacturer defect.
Payment:
Matriae accepts MasterCard, Visa, American Express, Money Order, Cashier’s Checks, Personal Checks. Payments via credit card provided over the phone can be split into two payments. Orders paid via personal check may not be processed to ship until ten (10) business days from the date Matriae deposits the check. All in-stock and made-to-order must be paid in full at the time of placing the order, and all orders must be paid in full upon items being picked up by our delivery partner. All orders must be paid in full upon receipt by our delivery company.
Shipping Policy:
Our delivery partner will call you to arrange a delivery time prior to routing your order. Prior to loading the delivery truck with your order, our shipping partner will conduct a “pre-load inspection” to ensure the order is free from damage or defect. If the carrier discovers damage or a defect prior to arriving for delivery and the issue cannot be resolved in time for your delivery appointment, our delivery partner will contact you as soon as possible to reschedule the delivery date. Matriae cannot compensate customers due to delays resulting from damage or defects.
A typical order that includes “In-Home Delivery with Assembly” can take 4 – 10 weeks longer.
Custom and/or Made-to-Order furniture may take up to 16 weeks for delivery. Deliveries may take place Sunday - Saturday between the hours of 8 am - 9 pm, depending on the schedule of the delivery agent.
Entryway Delivery Service:
Orders with “Entryway” delivery will be delivered to the ground floor front entrance of your building. Assembly and/or in-home placement are not included in the “Entryway” delivery service.
In-Home Delivery with Assembly Shipping Service:
It is up to the discretion of our delivery partner as to when assembly will be completed. In some cases, the assembly can be completed in the delivery warehouse. Other items must be assembled in the customer’s home. Items may arrive blanket-wrapped or in cartons, at the sole discretion of Matriae and the carrier.
The "In-Home Delivery with Assembly" service includes set up and assembly in your room of choice. Delivery allows for up to two flights of stairs. Packaging will be removed by the delivery company.
Only the customer or the customer’s agent accepting delivery is responsible to measure doorways, stairs, and pathways to ensure the merchandise and parts can be delivered into the home. Our delivery partners require a 3-inch additional clearance around all sides of the merchandise delivered. At delivery, if the 3-inch clearance is not available, all goods will be delivered to the first dry area of the home, building, or business, such as a lobby, garage, carport, etc. If you must cancel or return an order because the items cannot be delivered to the home or the first dry area of the home, Matriae will accept the returned/canceled order in accordance with our Cancellation Policy and Return Policy.
The safety of our customers and our delivery drivers is very important. For this reason, the delivery drivers may or may not wear gloves or booties when making the delivery. By submitting an order with Matriae, you agree that you will not impede the delivery process. Additionally, you will not board the delivery truck for any reason. You agree that any assistance you provide during delivery is provided at your own risk.
Our delivery partners will not connect electrical components; connect plumbing; nor install, attach, or affix goods to fixtures, walls, or furniture in your home. Cleaning of the furniture is not included as part of In-Home Delivery with Assembly. Our In-Home Delivery with Assembly service does not hang mirrors on walls, install to permanent fixtures, assemble cribs, attach headboard to existing bed frames, install or adjust glass shelves, or precisely level furniture. The plumbing, electrical, mechanical, and/or operational set-up (also known as “turn-key set-up”) IS NOT included with your In-Home Delivery with Assembly service.
You may require or request additional services to complete delivery. The services may or may not be available to you and require additional fees. If your order or delivery incurs additional fees, you agree to pay the fees to Matriae or our delivery partner.
In-Home Delivery with Assembly deliveries may occur earlier or later than scheduled due to the nature of long-distance, nationwide shipping and unforeseen events. Matriae is unable to offer compensation for the inconvenience to you or for deliveries that do not occur as scheduled.
Matriae recommends customers take the following precautions for In-Home Delivery with Assembly service to ensure a smooth delivery experience:
- Allow at least one-hour buffer before and after the scheduled delivery time for unforeseen circumstances that would cause the delivery to occur earlier or later than scheduled
- Designate a friend or family member over the age of 18 to serve as a “back-up” to accept and inspect the delivery on your behalf, and make sure they understand the delivery instructions and what to do if the order arrives with damage, defects, missing cartons or incorrect items.
- Clear the room and all pathways to the room in which you would like the items to be delivered, and measure all doors and pathways to ensure your order fits into your home. For the goods delivered, allow 3-inch clearance on all sides through the pathways and doors.
- Take pictures of items that arrive with damage or manufacturer defect, as digital images are often required by the manufacturer and carrier.
Small Parcel Ground Delivery Service:
“Small Parcel Ground” Delivery orders and parts will ship via FedEx, UPS or USPS. The order will be delivered to your ground floor front door and may or may not require your signature at the time of delivery. In-Home delivery or Assembly is not included in “Small Parcel Ground” delivery service.
If the delivery address has access restrictions requiring a delivery vehicle smaller than a box truck or typical furniture delivery truck, you are required to notify Matriae prior to ordering to obtain a quote for the additional cost of special equipment or vehicle. If customer fails to notify Matriae of access restrictions prior to ordering, customer is responsible for the additional cost of special equipment or vehicle.
Delivery vehicles are often loaded or depart for your area several days in advance of your delivery. Once you confirm a delivery date for delivery with our delivery partners, if you are not available or cancel the confirmed delivery date, additional shipping fees will apply. If you cancel your confirmed delivery, and your order has already been loaded for delivery, you will incur and agree to pay 30% of your order total to cover the additional shipping fees to schedule a second delivery.
See Matriae's Cancelation Policy and Return Policy for information and cost to return or cancel an order. See the “Damage or Defect Limited Warranty” for instructions to report orders arriving incorrectly, damaged or with defect. Matriae does not offer exchanges at no charge to the customer or purchaser.
Additional Services * Not Available in all areas
- Redelivery (if caused by customer) rate: 30% of order total
- Additional flights of stairs rate: $10 per carton per floor
- Additional assembly rate: $20 per person per 15 minutes
- Storage (if caused by customer) rate: $3 per box per day
- Special delivery on weekend or specific times) rate: $150 minimum
- Special delivery to island via boat rate: call for quote
- Special delivery vehicle to access delivery address rate: $150 minimum
Damage or Defect Limited Warranty:
Policies for reporting incorrect, damaged or defective merchandise varies depending on the type of delivery service for your order.
Entryway Delivery Damage or Defect Limited Warranty:
Matriae's “Damage or Defect Limited Warranty” guarantees that for merchandise delivered with Entryway Delivery we will either restore or replace, at our sole discretion and expense, merchandise delivered incorrect, damaged, or defective only if you follow these instructions:
- Notate all carton blemishes, visible damage, visible defects, missing items, or incorrect items on the delivery receipt at the time of delivery. If the delivery agent does not allow adequate time to inspect cartons on all sides you should notate on the delivery receipt they are damaged before signing and accepting.
- Notify Matriae if the order arrives with damage, defects, missing items, or incorrect items within 48 hours of delivery.
- Provide pictures of the packaging on all sides, pictures of damaged merchandise, pictures of defective merchandise, and pictures of incorrect merchandise within 48 hours of delivery.
In-Home Assembly Delivery Damage or Defect Limited Warranty:
Matriae's “Damage or Defect Limited Warranty” guarantees that for merchandise delivered with In-Home Assembly service we will either restore or replace, at our sole discretion and expense, merchandise delivered incorrect, damaged, or defective only if you follow these instructions:
- Notate all carton blemishes, visible damage, visible defects, missing items, or incorrect items on the delivery receipt at the time of delivery. If the delivery agent does not allow adequate time to inspect cartons on all sides you should notate on the delivery receipt they are damaged before signing and accepting.
- Accept all parts and merchandise that are correct, not damaged, and not defective at the time of delivery.
Orders placed with In-Home Assembly service will be delivered and set-up in your home. The person accepting delivery is responsible for inspecting all cartons, merchandise, and assembly service provided by our delivery agent, including but not limited to the top, bottom, left, right, front, back, interior, exterior, and all moving parts, drawers, doors, and reclining mechanisms.
As the customer accepting delivery, it is your responsibility to ensure that your order is assembled properly and you agree that you are responsible for issues that arise from improper assembly. Any improper assembly by our delivery partner must be addressed at the time of the delivery. Matriae does not warrant or guarantee assembly and is not responsible for damage to goods, personal property, or persons due to improper assembly.
For In-Home Assembly service, items may be in cartons or blanket-wrapped, at the discretion of Matriae or a Matriae delivery partner.
Small Parcel Ground Delivery Damage or Defect Limited Warranty:
Matriae’s “Damage or Defect Limited Warranty” guarantees that for merchandise delivered with Small Parcel Ground Delivery service, we will restore or replace, at our sole discretion and expense, merchandise delivered incorrect, damaged, or defective only if you follow these instructions:
- Notify Matriae of all damage, defects, missing items, or incorrect items within 24 hours of delivery.
- Provide pictures of the packaging on all sides, pictures of damaged merchandise, pictures of defective merchandise, and pictures of incorrect merchandise within 24 hours of delivery.
For orders with “Entryway” delivery, “In-Home Assembly” delivery, or “Small Parcel Ground” delivery, Matriae cannot and will not restore or replace incorrect or damaged goods at no charge if the incorrect item or damage is not notated at delivery when signing the proof of delivery. Incorrect items or damage found after delivery cannot and will not be attributed to the manufacturer or delivery company. Whether or not you can see damage to the contents, all damage to packaging should be notated. Items shipped incorrectly will not be reordered unless the wrong item is notated on the delivery receipt at the time delivery with the delivery agent present. Restoration or replacement is the sole remedy for items that arrive incorrect, damaged, or with defect. Requests to cancel orders for items arriving incorrect, damaged, or defective will be processed according to our Cancellation Policy and Return Policy. Matriae reserves the right to repair, send a replacement item or send a replacement part for defective or damaged items. Damaged items must be noted at the time of delivery and defective items must be reported to Matriae. within 48 hours of receipt of the product. If damaged items are signed for without inspection, the cost of repairing or replacing the piece or pieces will be the responsibility of the consumer. If you decide you do not want repair, replacement parts or a replacement unit, the items and parts may be able to be returned under our standard return policy. If a product arrives and is the incorrect item due to an error made by Matriae or the manufacturer and it cannot be corrected with a full replacement or replacement parts, Matriae will be responsible for the cost of returning the item or items. If the wrong item or part is delivered and the customer refused to schedule a pickup appointment within 2 business days and/or allow the carrier to pick up the wrong items within 5 business days, the customer will be charged full retail price.
For Entryway Delivery, In-Home Assembly Delivery, or Small Parcel Ground Delivery, if a manufacturer defect is found after delivery and within the manufacturer’s warranty period, please contact Matriae for assistance. It is the manufacturer’s sole discretion as to whether the goods are defective, and whether the goods are restored or replaced. The shipping to replace defective goods is not covered by the manufacturer or Matriae.
It is the responsibility of the customer, or the agent accepting delivery on behalf of the customer, to inspect all merchandise upon delivery to make sure the order is correct and free from damage or defect.
If a Clearance item arrives with damage, defect, missing cartons, or incorrect parts, the “Damage or Defect Limited Warranty” applies according to the shipping method used for the item. All sales are final for Clearance items.
The purchaser agrees to allow up to 9 weeks for Matriae to provide a resolution for missing items or those that arrive incorrectly, damaged, or with defect.
Cancelation Policy:
Orders cannot be canceled 48 hours after purchase, and become subject to our return policy. Orders cannot be canceled if prepared in shipping, and become subject to our return policy. All requests to cancel or return an order must be submitted in writing via e-mail by clicking the Email Us link on the Matriae website.
Cancel Request within 48 hours of Purchase – Requests to cancel an order within 48 hours of purchase must be e-mailed to Matriae via the Email Us link on the Matriae website. Requests to cancel an order within 48 hours of purchase cannot be canceled if all or part of the order has been prepared to ship. Cancellation is not complete until Matriae confirms in writing that the order has not been prepared to ship and has been canceled. Requests to cancel an order within 48 hours of purchase will receive a full refund as long as no parts of the order have been prepared to ship.
Cancel Requests Over 48 hours after Purchase – Orders cannot be canceled 48 hours after purchase and the order becomes subject to our return policy. Requests to cancel an order more than 48 hours after purchase must be e-mailed to Matriae via the Email Us link on the Matriae website, and will be processed as a return according to our return policy.
Cancel Requests After Prepared in Shipping - Orders cannot be canceled at any time if all or part of the order has been prepared to ship or has shipped, and the order becomes subject to our return policy. Orders cannot be canceled 48 hours after purchase and the order becomes subject to our return policy. Requests to cancel an order with all or part of the order prepared to ship must be e-mailed to Matriae via the Email Us link on the Matriae website and will be processed as a return according to our return policy.
Cancel Requests with the Carrier - Orders cannot be canceled at any time with the carrier and will be treated as a delivery refusal subject to our return policy. Orders cannot be canceled 48 hours after purchase and the order becomes subject to our return policy. Orders cannot be canceled at any time if all or part of the order has been prepared to ship or has shipped, and the order becomes subject to our return policy. Requests to cancel an order with all or part of the order shipped or prepared to ship must be e-mailed to Matriae via the Email Us link on the Matriae website and will be processed as a return according to our return policy.
Return Policy:
Please contact Matriae if you are unsatisfied with your order for any reason. Matriae items are non-returnable. All sales are final. These final sale items cannot be canceled, and cannot be returned. If any part of your order arrives with damage or defect, please follow instructions as provided in our “Damage or Defect Limited Warranty”.
Restoration or replacement is the sole remedy for items that arrive incorrectly or with damage or defect.
Partial Deliveries
If Matriae cannot restore or replace an item, Matriae will issue a refund for that item. If the item was purchased as part of a set, Matriae will issue a refund for any item that we cannot restore or replace.
Delivery Time Frame:
Delivery times vary depending on availability and the delivery location. Matriae does not issue compensation for deliveries that occur sooner or later than the estimated delivery timeframe.
Typically, orders delivered with “Entryway Delivery” service will take 1 – 10 weeks to most areas. Typically, orders delivered with “In-Home Delivery with Assembly” service will take 4 – 10 weeks to most areas. Custom and/or Made-to-Order furniture may take up to 16 weeks for delivery.
A typical “Small Parcel Ground” or “Entryway” delivery takes 1 – 3 weeks to most areas.
Merchandise Representation Disclaimer
The customer and/or person placing the order is responsible to review the Matriae website for all information, pictures, videos, for each item ordered.
Manufacturers have Standards and Tolerances for quality, color, scale, distressing, material, construction, acceptable use, etc. Matriae provides all goods up to Manufacturer Standards and Tolerances. Matriae cannot anticipate customer expectations or preferences for quality, color, scale, distressing, material, construction, acceptable use, fitness for a particular use, etc. Requests to cancel or return merchandise because it does not meet customer subjective expectations or preferences will be processed according to our return policy. Items may look different online than in person for the following reasons, among others.
Images: We use product images as a general representation of the item. Printers, computer screens and your preference settings can distort color. Pictures are often taken in a photography studio with professional lighting that can be different from environmental or home lighting.
Color & Quality Perception and Preferences: quality, color, and level of distressing are subjective and open to interpretation. Matriae does not guarantee items will match subjective interpretation or expectations by customers regarding item quality, level of distressing, color, or that the item will match something else. Customers wanting an item to a precise match or coordinate with other furniture or something in their home should consider this before purchasing online.
Reclaimed or Distressed Material: Distressing techniques are typically hand-applied and will vary in quantity and location from piece to piece. Items made from reclaimed or refurbished materials will vary in color, texture, and character marks.
Natural Materials: Items made of natural materials like leather, wood, stone, copper, etc. will vary. Wood variations include but are not limited to wood grain, wood grain pattern, mineral streaks, knots, burls, lightness, darkness, etc. Leather variations include but are not limited to skin blemishes, healed scars, veining, wrinkles, burns, and leather graining, and can be more or less visible depending on the leather grade and finish. Stone variations include but are not limited to differing color, grain pattern, grain density, veining, pit holes, and cleft.
Manufacturing Changes: Manufacturers sometimes change the production process which can cause variations in the design, dimensions, and the appearance of fabrics and/or finishes. Manufacturers may determine the change does not warrant new images and/or descriptions.
Customers purchasing online should consider and expect items may arrive with variations from the appearance of the item on our website.
Customer is fully responsible to take any and all precautions to prevent furniture from tipping over, including proper installation and use of anti-tip hardware to attach furniture to the wall. Anytime anti-tip hardware is not included with the furniture, the customer is responsible for purchasing anti-tip hardware and installing it. Customer agrees to defend and hold Matriae harmless. Customer accepts full liability for any harm or damage caused by furniture tipping over.
Stock Status and Back Orders:
Item availability is subject to change. If an item is discontinued, we will remove the discontinued item from order.
Right to Cancel or Correct Errors:
Human error and computer glitches can occur. Matriae cannot be responsible for pricing errors, product descriptions, or other errors. Upon discovery, Matriae reserves the right to cancel or correct any orders arising from such errors.
Friendly Fraud and Payment Disputes:
Matriae reserves the right to pursue legal recourse against customers who file or threaten to file a payment dispute, chargeback inquiry, or credit card dispute. If a customer files a payment dispute, chargeback inquiry, or credit card dispute for amounts not due to the customer according to this agreement, Matriae will pursue legal action to recuperate expenses incurred, regardless of the findings or outcome of bank or credit card disputes. The purchaser agrees to allow up to 16 weeks for Matriae to provide a resolution for items that arrive incorrectly or with damage or defect. Customer agrees that Customer is responsible for the entire sale price of the goods, plus any shipping costs incurred by Matriae, plus all collection and attorney’s fees associated with the collection and/or legal process.
Friendly Fraud is described as a customer who makes a purchase and later makes a false claim that they did not place the order or they did not receive the merchandise, or their credit card was stolen. Matriae records customer IP Addresses and other customer information to verify who, when and where the order was placed.
By submitting an order by phone or online, you agree to pay all reasonable legal fees and storage fees associated with your merchandise until we receive payment if you disrupt payment for any reason. Matriae cannot deliver, remedy, restore, or replace goods until the dispute is resolved. If Matriae challenges the disruption of payment and the dispute is reversed in Matriae's favor, you agree to pay Matriae all fees and costs incurred in connection with the transaction including, but not limited to, legal fees, collection fees, the price of goods, shipping fees, and/or storage fees.
Defamation
We work hard to provide great service to our customers and our reputation are very important to us. Any untrue or defamatory statements about us are harmful to our business and may result in lost profits and other damages to us. If the customer defames Matriae by making oral or written statements that are false or not complete in full context to public reviews, banks, credit card companies, Better Business Bureau, consumer agencies, manufacturers, suppliers, partners, media, or elsewhere, Matriae reserves the right to recuperate all damages caused by the customer including, lost profits. In addition, you acknowledge that defamation to us would cause damages of a special and unique character for which monetary damages would be inadequate and therefore, you agree that we will be entitled to injunctive and other equitable relief in the event we bring an action for any defamatory statements.
Terms of Sale:
By accessing the Matriae website and/or placing an order with Matriae online or by phone, you are entering a Contract of Sale governed by these Terms and Conditions of Sale. You are additionally indicating that you have read and agree to the following Matriae policies, including:
- New Merchandise
- Warranty
- Payment
- Shipping Policy
- Entryway Delivery Service
- In-Home Delivery with Assembly Shipping Service
- Small Parcel Ground Delivery Service
- Additional Shipping Services
- Damage or Defect Limited Warranty
- Entryway Delivery Damage or Defect Limited Warranty
- In-Home Assembly Delivery Damage or Defect Limited Warranty
- Small Parcel Ground Delivery Damage or Defect Limited Warranty
- Cancellation Policy
- Return Policy
- Delivery Time Frame
- Partial Deliveries
- Merchandise Representation Disclaimer
- Stock Status and Back Orders
- Right to Cancel or Correct Errors
- Friendly Fraud and Payment Disputes
- Defamation
You agree to pay for the complete order or the items delivered plus any shipping and restocking fees as outlined in our Cancelation Policy and Return Policy. Matriae makes no other express or implied warranties, including implied warranties of merchantability or fitness.
- Sales or use tax is due on certain purchases
- The seller may or may not collect and remit retail sales tax on a purchase
- States may require the purchaser to file a use tax return if retail sales tax isn’t assessed by the seller at the time of a taxable sale
- The notice is required under RCW 82.13.020(3)(a)
- If the referred seller doesn’t collect retail sales tax, the seller may be required to provide information to the purchaser and authorized agencies about the purchaser’s potential sales or use tax liability.
Matriae offers the “Damage or Defect Limited Warranty” and "Cancellation Policy” and “Return Policy" as our sole obligation and exclusive remedy. Matriae is not liable for any incidental or consequential damage.
Limitation of Liability.
You acknowledge that the total amount that we will pay for any claim brought by you against us is limited to the warranties set forth above and will under no circumstances exceed the original purchase price of your product. In the event that we make payments for repairs that in the aggregate are equal to the original purchase price of your product, or we replace the product for any reason, our obligation to you for the product will be considered fulfilled and any coverage ends.
WE WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES; INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE RESULTING FROM THE FAILURE OF ANY PRODUCT OR FROM DELIVERY DELAYS.
Governing Law.
This Agreement and any dispute arising from the relationship between the parties to the Agreement will be governed by California law. Any dispute that arises under or relates to this Agreement will be resolved in Sonoma County Superior Court. In the case of a federal action, the exclusive venue shall be the United States Federal court in San Francisco, California. The parties expressly submit to the jurisdiction of the State of California (Sonoma County Superior Court for any state action and the U.S. Federal court in San Francisco for any federal action). In any litigation or other proceedings by which one party either seeks to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorneys fees (and other collection costs) together with any costs and expenses, to resolve the dispute and enforce the final judgment.
