Simon Blake Interiors, LLC (“SBI”) is the creator, marketer, distributor and seller of lighting fixtures including table and floor models, pendants and other decorative accessories. SBI is dedicated to providing quality products. Its mission and purpose are to serve every need of its customer (“Customer”) to their utmost and complete satisfaction.

TERMS AND CONDITIONS

GENERAL: SBI retains all rights to the product designs and images on its website. Customer must obtain SBI’s permission for use of any SBI product design(s) and image(s), and SBI has the right to refuse the use of any product design/image provided.

PRICING: Prices are listed by item number and priced in U.S. dollars. Prices are subject to change without notice.

PRICING DISCLAIMER: SBI strives to give its Customers accurate content, including product information, terms, pricing and visual images. Terms, pricing and item availability are subject to change without notice. SBI reserves the right to limit quantities. Prices displayed are subject to final approval at the time of order fulfillment. While SBI tries in good faith to make sure that the information displayed is accurate, SBI is not responsible and disclaims liability for any typographical errors and/or technical inaccuracies.

MINIMUM ORDER REQUIREMENTS:

Stocking Dealer: $1,000.00 – Initial Order; $500.00 – Reorder

Designer: $ 500.00 – Initial Order; No minimum – Reorder

METHOD OF PAYMENT: SBI accepts Visa, MasterCard, American Express and Discover, as well as bank checks and wire transfer of funds.

CREDIT TERMS: Initial orders are accepted on a prepaid or credit card basis only. Prepaid orders require a wire transfer prior to shipment. All Customers must have on file a valid, current credit card which includes account name, account number, billing address, expiration date and security code. Credit cards are charged at time of shipments. In the event a credit card is declined, a customer service representative will contact Customer to address correction of the problem. Any subsequent declined transactions may result in your order being cancelled. Any order(s) without a valid method of payment shall be dishonored/ cancelled, and the Customer will be required to re-submit the order to be accepted on a first-come, first-serve basis. A valid state sales Tax ID No. must be provided to SBI before Customer’s initial order to establish an account with SBI.

INTERNATIONAL ORDERS: All international orders are sold on an “Ex-works” basis. Customer must make all shipping arrangements with their own freight carriers. Payment on international orders can be made by credit card or wire transfer of funds. International orders paid by credit card may be subject to additional service fees. International orders paid by wire transfer will be charged a Forty dollar and no cents ($40.00) bank service fee. Cancelled orders that have already been packed are subject to a twenty-five percent (25%) restocking fee.

NET 30 TERMS: The privilege of net 30 terms is offered to Customers who have submitted a satisfactory credit application with references, and is available for only second and subsequent order(s). According to the policy and practice of SBI, “Net 30” constitutes payment of any balance due within thirty (30) days of the invoice date. For all Customers, any past due balance(s) will be assessed a finance charge equal to eighteen percent (18%) per annum. Future/subsequent order(s) will not be processed and released for shipment until any and all past due balance(s) is (are) paid in full, including any accrued finance charge(s). In the event of the need to institute a collection action with/through a collection agency and/or a licensed attorney for any balance(s)/monies due and owing to SBI, all reasonable attorneys’ fees, as well as costs and expenses associated with such collection action, shall be the full, exclusive responsibility and obligation of the Customer(s) with full reimbursement/recovery to SBI.

DELIVERY: SBI is a ship as ready company. All new items may take up to ninety (90) days to receive from the date a purchase order is confirmed. In stockitems are generally delivered within one (1) to two (2) weeks from date a purchase order is confirmed. Order acknowledgements are prepared at the time of order placement. SBI cannot guarantee or hold stock. For orders requiring expedited shipment, special arrangements may be made with SBI and will incur a Fifty dollar and no cents ($50.00) “rush fee”. SBI will undertake any reasonable accommodation(s), and exert its best efforts to meet and to satisfy a request/need of its Customer, but due to size, delivery requirements and other factors, SBI cannot, and does not, guarantee that the requested date shall be met.

BACKORDERS: SBI makes every reasonable effort to ship product as quickly as possible. If a back-order situation arises, SBI represents that it will ship the back-ordered goods (without additional notice) as soon as the items become available.

SHIPPING: For Customers that are Stocking Dealers, orders are generally shipped by pallet, case pack only. SBI uses common carriers and we cap freight at different percentages based on what region of the country Customer is shipping to. See SBI’s freight table below. No COD shipments are accepted. For Designer Customers, orders are generally shipped by common carrier, and SBI will use FedEx or UPS for smaller size purchase orders. SBI reserves the right to charge additional freight to Customers for various reasons, including, without limitation, residential delivery, inside delivery, liftgate service, notification pre-delivery or other surcharges imposed by the carrier. Unless specified by Customer, SBI will designate a carrier and freight will be added to the invoice. Drop ship orders will be charged a $25.00 drop ship fee in addition to regular shipping. All drop shipments require approval unless you are a pre-approved drop ship merchant. Freight charges for Sale items will be based on the original price for those items.

Shipping rates for all U.S. territories are 20% of order. This excludes any discounted prices.

REFUSED SHIPMENTS: All refused shipments are subject to a twenty-five percent (25%) re-stocking fee, as well as shipping charges in all directions.

DAMAGES: In the event of damage found on arrival as to any shipment, Customer is entitled to refuse/decline acceptance, which refusal/declination must be noted specifically (in detail) on the delivery receipt. Photos are required of any claimed damage of the packaging, in addition to the product itself, to file and to perfect a claim. In the event of the discovery of any “concealed” damage, Customer must file/forward a detailed report to/with SBI within ten (10) days of receipt of goods, or the (any) such claim may be denied/rejected. SBI has available “Damage Claim Forms” which must be used, completed and submitted, together with appropriate and relevant documentation (such as images, pictures, etc.) to info@simonblakeinteriors.com. Any shortages of product/goods must also be noted on the delivery receipt, and reported to SBI within ten (10) days of receipt of the product/goods.

RETURNS: SBI will not accept returns and/or damaged merchandise without a “Return Authorization” obtainable by contacting, in advance, info@simonblakeinteriors.com. Any and all returns for reason(s) other than shipping damage and/or manufacturer defect are subject to a twenty-five percent (25%) restocking fee, in addition to shipping and handling charges in all directions.

CANCELLATION POLICY: SBI may accept, in its sole discretion, cancellation of any order prior to shipment. SBI is to be contacted by telephone at (212) 995-0445 or info@simonblakeinteriors.com to request cancellation of the order. Absent confirmation from SBI that an order has been canceled, Customer may be held responsible for payment of the invoice, including any shipping and handling charges.

PRIVACY: It is the policy and practice of SBI not to divulge, to lend and/or to share Customer information to third parties.

SECURITY: SSL encryption is used to transmit the personal and financial information of a Customer over the Internet in order to ensure the most possible safe and secure transaction.

GOVERNING LAW: The parties agree that any dispute arising from, or default of/in, the terms and conditions of SBI, shall be governed by the laws of the State of New York without regard to any applicable conflict of laws principle. Each party (SBI and Customer) agrees to submit to the jurisdiction and venue of the federal district court in the Southern District of New York, New York.