TERMS OF SALE

The following Terms and Conditions of Sale govern the sale of merchandise by broad meadow urban simplicity to you through the www.bradleyjclayton.com Site and through our Interior Design Service. The Terms and Conditions listed herein are applicable towards all domestic and international sales and accounts. Your use of the www.bradleyjclayton.com Site and your use of our Interior Design Service to purchase merchandise declares your agreement to follow and to be bound by these Terms and Conditions of Sale.

PRODUCTS & ORDERS

Every order is subject to an order confirmation from BradleyJClayton. Please note the merchandise arranged on the Site or in the material we present by email may be discontinued or depleted of its stock and availability can not be guaranteed. While we make our best attempts to display the colors and materials of products with accuracy, the actual colors you see will depend on your monitor and may not be accurate.
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Client fully acknowledges, accepts and agrees that immediately upon Client's signed approval of any bradleyjclayton design, we will promptly place orders with vendors to ensure that all approved items are purchased and shipped to BradleyJClayton’s designated receiving warehouse. BradleyJClayton does not disclose its warehouse locations to its clients for any reason due to security and proprietary purposes. Client shall pay all applicable phase deposits towards any and all approved items upon receipt or as otherwise stated in any BradleyJClayton invoice.

BradleyJClayton  will be responsible for handling all purchases related to every interior design project for all articles sourced and selected by BradleyJClayton or by Client. Therefore, the following interior design project merchandise to be solely purchased by BradleyJClayton for any Client’s Project may include the following indoor and outdoor articles, but may not be limited to the undermentioned: Custom Indoor and Outdoor Furniture, Indoor and Outdoor Furniture (non-custom), Custom Cabinetry, Lighting and Bulbs, Rug and Rug Pad, Wall Art and Wall Decor, Wall Sculpture, Plants (faux and realistic), Botanicals (faux and realistic), Planters and Troughs, Mattresses and Mattress Foundations, Games and Gifts, Housekeeping Articles, Fabrics and Textiles, Leathers and Materials, Curtains and Draperies, Window Treatment Hardware, Curtain Hardware, Window Shades and Blinds, Window Shutters, Live and Manufactured Stone, Countertop Materials, Bathroom Faucets and Fixtures, Sinks and Vanities, Toilets and Bidets, Bathtubs, Kitchen Faucets and Fixtures, Gym Equipment, Flooring Material, Tiles, Backsplashes, Wallpaper and Wallcoverings, Indoor and Outdoor Fireplaces and Firepits, and Home Decor (mirrors and medicine cabinets, pillows, blankets and throws, comforters, sculptures, objects, bowls, vases, vase filler, fountains and pedestals, books, bedding, baskets and hampers, bottles and jars, bowls and boxes, candle holders, office decor, picture frames, trays, bathroom accessories, towels and bath mats, kitchen accessories and linens, kitchen gadgets and utensils, kitchen and countertop organization articles, cutlery, drinkware and dinnerware, serveware, bar and wine essentials, silverware, flatware, table linens, dining accessories, cookware, small and large appliances, audio and television electronics, holiday decor, soaps and lotions, scents, home fragrance, everyday organizational articles, cabinetry hardware, outdoor furniture covers, umbrellas, etc.).

Promptly after a project launches and enters into either the floor plan phase or the budget phase, BradleyJClayton will collect a minimum required amount at 50% of the total value of the estimated project budget, also known as the “merchandise spend” amount reflected in the executed contract. While a 50% deposit is acceptable as a minimum required payment toward the total value of an agreed upon merchandise spend, BradleyJClayton recommends payment in the full amount toward the total value of the estimated budget or merchandise spend for a more streamlined process. Payment toward such phase deposit(s) or invoice(s) are due within two (2) business days from the date of the phase deposit, pro forma invoice, invoice, or associated form. Failure to remit any minimum payment(s) will result in applicable late fees, the possible pausing of a project, and may incur any remaining project design service fee balance to become due in full, and to be paid to BradleyJClayton within two (2) business days from the date of invoice. It is up to BradleyJClayton ’s sole discretion on when it is necessary to collect such funds in either phase mentioned above.

PRICING ON DOMESTIC SALES WITHIN THE UNITED STATES

All prices on our quotations, invoices, and on this Site are in US Dollars. On occasion, prices may change without notice. The total amount due on an order shipping within the United States is inclusive of sales tax. Sales tax is applied in accordance with applicable state and local regulations based on your shipping address. Any applicable sales tax amount is indicated on the payment page of the cart or at the bottom of a quotation or invoice. Various factors may determine the total sales tax charged on your order such as the type of item purchased, sales price, and destination of the delivery. The sales tax assessed on an order may change at any time from the time you place an order and the time of credit card charge authorization, which may affect the calculation of sales taxes. The total amount appearing on your payment page of the checkout process may differ from the final sales tax charged as indicated in the order confirmation or invoice you will receive after placing your online order with www.bradleyjclayton.com. For onsite interior design installations, all applicable merchandise ships directly to BradleyJClayton ’s receiving warehouse where the merchandise is received, inspected, and prepared for delivery on the day of installation. White glove delivery rates vary and are dependent upon the size of deliveries. All fees associated with warehouse storage and white glove delivery are the Client’s responsibility and not the responsibility of BradleyJClayton. Client shall pay for all merchandise, warehouse storage fees, delivery fees, and any ancillary fees related to the project at least two (2) business days prior to a delivery or installation.

PRICING ON INTERNATIONAL SALES OUTSIDE THE UNITED STATES

All prices on our quotations, invoices, and on this Site are in US Dollars. On occasion, prices may change without notice. The total amount due on an order shipping outside the United States is not inclusive of any customs, duties, taxes or brokerage fees. All of these fees are considered your responsibility. The total cost for transportation is calculated during the time your order is processed. These transportation fees include the cost for shipping, the cost for fuel surcharges, and the cost to fully insure your order being shipped. Once we have concluded the cost associated with shipping your order to its destination, we will email you an invoice reflecting the final total including the transportation costs. As mentioned, this final invoice will include the transportation costs but is not inclusive of any customs, duties, taxes, or brokerage fees unless otherwise stated. The total amount appearing on your payment page of the checkout process will differ from the final amount charged as indicated in the order confirmation or invoice you will receive after placing your online order with www.bradleyjclayton.com. We will proceed with processing your order for international shipment only after we have received your emailed approval for the final total amount as reflected in your final invoice.

DELIVERY FOR DOMESTIC & INTERNATIONAL ORDERS

You are responsible for the shipping costs associated with the delivery of the products you purchase through our Interior Design Service and on the www.bradleyjclayton.com Site as specified on your order confirmation. As with any shipment, risks of loss and damage can occur to the product(s) being shipped at any time during transit. While these unfortunate scenarios are out of our control, we will be there to assist you in the event of any loss or damage associated with your order, granted that you provide us with prompt notification of no longer than forty-eight (48) hours after receipt of a damaged item and no longer than forty-eight (48) hours after receipt of notification from the courier regarding the loss of a package. Once an order has been processed for shipment, it is to be considered as shipped. Clients and its agents or representatives are prohibited from accessing our warehouse locations and are prohibited from being on-site at any point of time during any of our interior design installations in accordance with the terms found in our Project Timeline and we are unable to make any exceptions to this policy. BradleyJClayton will not distribute or provide any individual order status or tracking information for any merchandise ordered under our interior design services or interior design turnkey projects.

All merchandise ordered and processed through our “Estimated Budget & Spend Approval Form” distributed under our interior design services will ship directly to our warehouse. Once all merchandise listed within an approved “Estimated Budget & Spend Approval Form” reaches our warehouse, we will then issue any final invoices to be paid prior to our installation so that we may schedule our delivery and installation of all items together. BradleyJClayton  is not able to offer partial deliveries for any interior design project in order to comply with our company policy of providing one final, completed design across a single installation. One single installation may run the course of several back-to-back days and is dependent upon the size of the installation. BradleyJClayton will not be responsible for any associated hotel or housing fees incurred by a Client in order for the duration of our installation to be completed. Due to our company policy, liability, and insurance purposes, Clients and its agents or representatives are required to remain off-site during the entirety of our installations. After our installation is completed, you will be able to return to your property to enjoy our stunning design.

Quoted delivery dates are approximate dates only. We shall not be responsible for any delay in delivery or failure in performance for any cause beyond our reasonable control (including but not limited to labor disputes, failure or delay of sources to supply, transportation difficulties, accidents, fires, or acts of God) or any event which interferes with our normal business operations or service.

Any Merchandise not accepted for delivery within thirty (30) days after notification is subject to storage charges as determined by us. You will bear the risk of loss or damage during such transfer and storage.

Please refer to our Delivery & Shipping Policy located in our Customer Care section for additional instructions on the appropriate steps to take in the event of a lost package or the receipt of a damaged item.

RETURNS AND REFUNDS

Please refer to our Return Policy and our Payment Policy in our Customer Care section, which both form a constitutive part of these Terms and Conditions of Sale.

INVOICING AND PAYMENT

All of our invoices are payable upon receipt and are due within two (2) business days from the issue date reflected on all invoices, pro forma invoices, and balance invoices, unless otherwise noted or instructed. Failure to render payment in a timely manner will result in an immediate ceasing of work. A resumption of work will begin upon receipt of the outstanding payment. In the event of any delays such as permits, design changes, or outstanding payments, BradleyJClayton will not be held responsible for the loss of any contractors or sub-contractors and/or their refusal to return to the Project. BradleyJClayton does not release any of its own vendor, manufacturer, factory, or broker documents, receipts, and invoices to clients as these documents hold proprietary and confidential account information. After full completion of the entire design and procurement process, where all item selections are finalized and received at our warehouse from an approved, signed-off Budget & Spend Approval Form, one final BradleyJClayton invoice for all purchases, broken down by room or area, will be provided by BradleyJClayton upon request of Client. BradleyJClayton will only provide one final BradleyJClayton invoice document at the project's completion stage, reflecting a per room subtotal cost summary due to our per room or per area package pricing structure, only after a project is determined to be completed by BradleyJClayton and prior to the scheduling of our delivery or interior design installation. Throughout any interior design project, BradleyJClayton may continue to periodically issue Merchandise Order Summary Forms, Budget & Spend Approval Forms, and Phase Deposit or Phase Installment payment requests as pertaining to any applicable item(s) processing or ordering within its design and procurement process. Any remaining payment due towards an invoice or a final balance invoice must be rendered and received by BradleyJClayton's bank prior to our interior design installation of any furniture, decorative item, fixtures, or any article or item pertaining to the project.

Any amounts owed by you to us that are not paid when due are subject to an interest charge computed at a monthly rate equal to ten (10%) percent (or the highest percentage rate permitted by law, if lower). In addition, we may suspend our services to you and/or withhold any item of Merchandise until payment has been made in full. You will be liable for all costs (including reasonable attorneys’ fees and related costs) incurred by using the collection of any amounts due to us by you. By paying any proposal or invoice, you are accepting our services and agreeing that such payment is non-cancellable and non-refundable. Please note that all Designer compensation, including but not limited to our Design Fee, Purchasing Fee, Project Administration Fee and Hourly Rates, and all Reimbursable Expenses are subject to applicable state and local sales and excise tax (and similar taxes) and you agree to pay these fees and taxes.

GOVERNING LAW AND CHOICE OF FORUM

We agree that any claim or dispute between us shall be resolved by arbitration administered by the American Arbitration Association under Connecticut Law. Any award by one arbitrator may be entered as a judgement in any court having jurisdiction. The arbitration shall take place in Bridgeport, Connecticut. Any arbitration will be heard and decided by a single arbitrator. This arbitration agreement governs all matters arising out of or relating to these Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. With respect to international sales, the parties agree that this arbitration agreement also applies.

SEVERABILITY

If any term or other provision of these Terms & Conditions of Sale are determined to be invalid, illegal, or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of these Terms & Conditions of Sale shall nevertheless remain in full force and effect so long as the economic or legal substance of the transaction(s) scrutinized hereby is not affected in any manner materially adverse to any party. Upon a determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these Terms & Conditions of Sale so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions scrutinized hereby are fulfilled to the extent practicable.

PRIVACY

Our Privacy Policy’s terms and conditions govern the collection procedures of an individual's personal data as it relates to your purchase of products through the www.bradleyjclayton.com Site. Please refer to our Privacy Policy for further details.

BINDING AGREEMENT

These Terms and Conditions of Sale, Site Policies, and our order confirmation, shall be considered the final agreement between you and us regarding the matters comprised in these Terms and Conditions of Sale.

FORCE MAJEURE

BradleyJClayton shall not be liable for any failure in its performance caused by circumstances beyond its reasonable control.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS AND CONTENT INCLUDED IN THE www.bradleyjclayton.com SITE NOR AS TO THE MERCHANDISE BEING SOLD ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER RENOUNCES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO SUGGESTED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE INCLUDED ON OUR ORDER CONFIRMATION. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE www.bradleyjclayton.com SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. VARIOUS STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT BE APPLICABLE, AND YOU MAY BE ENTITLED TO ADDITIONAL RIGHTS.

By viewing our designs via text message, email exchange, or by entering your provided password and proceeding forward to view our designs on our Website, "www.bradleyjclayton.com", you agree to BradleyJClayton’s terms found on www.bradleyjclayton.com/concierge. The project graphics, renderings and text provided in all contents of our designs shared in any form of deliverable are the property of BradleyJClayton and are protected by the U.S. copyright laws. Unauthorized reproduction, display or other dissemination of such materials is strictly prohibited and constitutes copyright infringement. Additionally, our designs shared in any form of deliverable and via this Website may contain or reference trademarks, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of BradleyJClayton and/or other parties. No license to or right in any such trademarks, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of BradleyJClayton and/or other parties is granted to or conferred upon you. All media displayed is not to be reproduced or distributed in any capacity, including but not limited to, sharing, printing, screen captures, and downloading. BradleyJClayton does not release any of its files, models or drawings, including, but not limited to any AutoCAD drawings (.DWG), SketchUp models (.SKP), Revit files (.RVT), V-Ray files (.VRSCENE), and Request For Proposal documentation (RFP's) due to liability and preservation of ownership rights. All such files are the property of BMUS,LLC and are protected by the U.S. copyright laws. Additionally, each individual or party who accesses our designs via text message, email exchange, or via all our Websites is deemed to have agreed to these terms.

Any renderings and depictions found on this Website or delivered to a client are conceptual only and are for the convenience of reference. They should not be relied upon as representations, express or implied, of the final detail of a design. BradleyJClayton expressly reserves the right to make modifications, revisions, and changes it deems desirable in its sole and absolute discretion. All depictions of appliances, counters, furnishings, finishes, lighting, plumbing fixtures, soffits, floor coverings and other matters of detail are conceptual only and are not necessarily included in each design. Dimensions and square footage are approximate and may vary with actual design and construction implementation.

Our design presentations are very time-sensitive deliverables and expire within twenty-four (24) hours of their delivery date and time. If any required phase deposit(s) are not provided to BradleyJClayton by Client prior to or within the twenty-four (24) hour window after a presentation is delivered, then a project will be considered to be placed in a hold status until the required 50% phase deposit is rendered to BradleyJClayton by the Client, which will then and only then, also reactivate presentation access to the Client. Due to the time-sensitive nature of our services and product availability, if a client is unresponsive to our follow ups for more than five (5) business days after the delivery date of our design presentation, BradleyJClayton will proceed forward with processing all its selected articles from the entire design presented in an effort to complete procurement for the entire project, in accordance with our design, contract and terms. All applicable payments associated with our services and procurement processes are still due upon receipt and to be rendered within two (2) business days.

Client agrees to follow and honor all project timeline phases in a timely manner as outlined within our Project Timeline provided for every project. Clients are to provide responses to BradleyJClayton as promptly as possible and within 1-3 business days from the date of our last correspondence or outreach across any communication platform. Continuous and ongoing delayed client responses may incur additional design service fees in order to manage and maintain any additional and necessary follow up communication from our end. All additional service fees will be billed against our hourly rate as outlined in our contract.

Non-Responsiveness: If you engage BradleyJClayton’s services and are non-responsive to emails, text messages, and phone calls (at the email address and contact phone number you provided to BradleyJClayton) for a period of thirty (30) days or more, then, any and all funds or payments you made to BradleyJClayton become one hundred percent (100%) earned by BradleyJClayton at such 30-day point in time.  Subsequent to such thirty (30)-day period of time, BradleyJClayton shall have no obligation to you to provide goods, services, or a refund of any kind.

Client grants the right to BradleyJClayton to document BradleyJClayton's work by taking photography and videography on a Client's project and to publish such media on BradleyJClayton's website and in marketing and promotional materials for BradleyJClayton. All documented media is the property of BradleyJClayton.

These terms and conditions are subject to change without notice, from time to time in our sole discretion. Any amendments to these terms and conditions will be posted to this website, acting as notification.

ALL MODIFIED TERMS SHALL BE EFFECTIVE WITHIN SEVEN (7) DAYS OF THEIR MODIFICATION OR ADDITION TO THE BRADLE JCLAYTON WEBSITE. IT IS THE CLIENT'S RESPONSIBILITY TO CHECK THE TERMS ON THE BradleyJClayton WEBSITE FROM TIME TO TIME TO BE AWARE OF ANY MODIFICATIONS OR ADDITIONS.

End of Terms