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Terms of Sale

BOXHILL offers a carefully selected range of the finest outdoor furniture, lighting, textiles, pool furniture, fire pits, kitchens, pillows, home decor, planters, and many other products from around the world. BOXHILL provides its products and sales-related services subject to the following terms and conditions set forth in these Terms of Sale (“Terms of Sale”). By placing an order with BOXHILL ("Boxhill", "Boxhill & Co.", "Boxhill Design" or "BH"), the customer (the “Customer”) agrees to be bound by these Terms of Sale.

Orders
Unless otherwise agreed in writing by BOXHILL, these Terms of Sale are and will be the sole terms and conditions that govern any order submitted by the Customer and accepted by BOXHILL (the “Order”). No term, provision, or condition stated in an Order, quote, or elsewhere will be binding upon BOXHILL if such term, provision, or condition conflicts, is inconsistent with, or is in addition to these Terms of Sale, unless expressly approved in writing by BOXHILL. Orders may be placed online, by phone, or email. BOXHILL is not required to accept an Order submitted by the Customer and reserves the right to require a minimum order.


Order Acknowledgment
Upon Customer’s submission of an Order, acceptance of a quote, or other request for BOXHILL to fulfill an Order, BOXHILL will send Customer order confirmation, or other order acknowledgment (“Order Acknowledgment”), which constitutes BOXHILL's initial acceptance of the Order.

Payments
Payment Methods:
BOXHILL accepts Visa, MasterCard, American Express, Discover, ACH, Wire, Apple Pay, PayPal, and written checks from U.S. Banks.

Payment Due Date:
As a general rule, Orders (including purchase price and delivery, shipping and transportation charges) have to be paid in full when placed if the order is in stock. For Made-to-Order items a 50% deposit and the balance and shipping charges are paid prior to shipping. At BOXHILL’s discretion, exceptions may apply to this rule.

Custom Design Services Terms:
A 50% deposit is required for customization and Design Services at point of signing Contract; the remaining balance is due at least 2 weeks before anticipated shipment of product from the manufacturer or completion of project. 100% payment is due for all other products prior to ordering. BOXHILL gladly accepts credit card payments on Design Services, however, charges a 3% convenience fee for this service.

Delivery Address
It is the Customer’s responsibility to ensure that the delivery address information is correct.
If a change of Customer’s delivery address is required after Order placement, please contact BOXHILL’s Customer Service and BOXHILL will use reasonable efforts to direct the delivery to the correct delivery address. Any fees that occur due to such changes of delivery address is the responsibility of the Customer.

Lead Time
Standard lead time from date of order to delivery to local warehouse is dependent on specific manufacturer and product. BOXHILL is not responsible for any delays whether due to manufacture, delivery companies and/or force majeure. Out-of-stock + special orders shall be shipped as soon as practical, subject to the production and delivery schedule of the Manufacturer and Customer’s compliance with the payment terms.

Shipping & Delivery
As delivery method, timing and fees vary from item to item, please refer to our individual product pages for delivery specifics. We pride ourselves in handling your orders quickly, with most in-stock items shipping within 24-48 hours from our distribution center. Should your order include multiple items, they may arrive in separate packages and at variable times based on availability. We do not currently accept international orders. We do not at this time offer expedited rates directly on the web shop - contact us to see options. Please be aware that you may incur a sale tax liability depending on where the items are to be delivered.


Delivery of products is dependent upon the availability of products by manufacturer. BOXHILL manufacturers ship orders through third-party transport companies and shipments are bound by the policies of said company. BOXHILL will communicate an ESTIMATED delivery date as provided by manufacturers. Distributor will use its best judgment as to shipment routing unless client specifically requests a shipment routing prior to ordering product. No rebate shall be issued should a cheaper method be found.

Shipping costs are typically paid at checkout on our web shop (www.shopboxhill.com). BOXHILL will be happy to arrange shipping for all orders via one of our pre-qualified carriers. Charges for this service are billed proforma and will appear on the final balance due invoice.

If you would like to arrange shipping on your own, BOXHILL must be notified of all details no less than three weeks advance of the scheduled pick-up date. All products, with exception for common carrier shipments, are shipped via a Bill of Lading (BOL) and FOB from the manufacturer warehouse.

Scheduling Delivery
Once an order has shipped, the delivery company contacts clients to schedule a date and window of time for product delivery. Failure to schedule an appointment within 48 hours may result in storage fees and/or return shipment and redelivery costs, for which clients will be responsible (minimum charges are typically $150).


All deliveries are curbside ONLY, unless otherwise arranged and paid in full at time of product purchase. As such, client must be present to receive and move product into business or home, inspect the product (quantity/material) and sign the order. If you require special assistance, please notify the freight company (extra fees may apply for special assistance and are to be paid by the customer). In the unusual event that due to site constraints determined by the freight company, they are unable to deliver to the provided address, merchandise must be either picked up from the nearest suitable delivery place by client or routed to a different address (additional fees will apply and be the responsibility of the client).

Backorders
You will be informed if an item is backordered on the individual product page. You will also be given an approximate date of shipment. You will be notified via email of any changes to the item status.

International Orders
We do not currently accept international orders. Please contact us at support@shopboxhill.com or (520) 351-0053 if you have additional questions about shipping.

Furniture & Select Oversized Delivery
Many of our furniture items and oversized items will ship via truck. Rates are flat and set per product, so no matter where in the USA you are you'll enjoy the same rate of delivery on select furniture and oversized items. In-stock items will be shipped together and delivered at the same time. Any backordered items will be shipped as they become available. You will receive an email with delivery information once your items are with our carrier. Your items may arrive 2-4 weeks after your order has shipped.

Oversized items, including furniture products, are only available for delivery within the contiguous United States. Shipment to international locations, U.S. territories, AK, HI, P.O. boxes, APO/FPO addresses, and express ship methods are unavailable for these items.

Our delivery partners are practicing all safety precautions as advised by the CDC. However, if you are concerned about accepting a white glove delivery at this time, please ask the carrier about a contactless curbside option when scheduling your delivery.

Receipt & Inspection of Product
We can not suggest more strongly that a professional receiving service/warehouse be used to receive, inspect and consolidate delivery of BOXHILL product. Likewise, a professional delivery service with experience handling fine furnishings should be used for installations.

BOXHILL product will not be released unless it is signed for as being in new and unmarred condition. If any product is damaged during transit or is refused upon delivery for any other reason, your BOXHILL representative should be notified immediately.

In the event that a crated item can not be uncrated and inspected at the time of delivery, the receiver should make a note on the receiving document/BOL. However, a thorough inspection must occur within 48 hours of delivery and all freight claims filed within 72 hours. BOXHILL will not accept returns without prior written authorization. Please note orders not picked up within 30 days of notification will be forfeited; no fees will be refunded.

Product Quality & Damage in Transit
When the freight carrier takes possession of the product, ownership transfers to the customer as per ICC Regulations. As owner, full responsibility for damage occurring in transit is the owners and all claims for such damage must be made within 72 hour of receipt. Failure to make a claim within this 72 hour period constitutes acceptance of the product and waives all future claims for any such defect, shortages or errors.

All product is thoroughly inspected by the manufacturer prior to being released to ensure that it is in new and unmarred condition. Likewise, the product must also be inspected by the freight carrier at the point of origin prior to taking procession of said product. Any and all damage must be noted at that time on the BOL. If any damage is reported, BOXHILL reserves the right to refuse release of the product. A signed BOL verifies that the carrier has accepted responsibility for the product in the stated condition and affirms that they will deliver the product in the same condition in which it was received.

Customer is responsible to inspect all cartons upon delivery for any signs of exterior visible damage. If the order has any external visible, please note damage on the delivery receipt, take photographs and contact both the transport company and our office within 48 hours. The original packaging of the products must be retained or if not possible, photos of the packaging must be provided.

Customer and/or their designated representative is responsible to unpack and inspect all product for any direct damage or defect. Photographs clearly depicting the product defect/damage must be submitted with a written claim to BOXHILL within 48 hours of receipt of the order for consideration. Risk of loss or damage to items shall pass to the Customer upon their delivery of the product to the delivery address listed on BOXHILL’s invoice. BOXHILL is not obligated to insure product while in transit against any/all losses.

Manufacturer’s Warranty
With regard to manufacturing defects on furniture, the Customer’s sole and exclusive rights and remedies are the respective manufacturer’s warranty. Depending on the manufacturer, i.e. the brand, the warranty period for furniture varies from 0 to 5 years from the date of delivery. Neither the manufacturer or BOXHILL make any additional warranties, express or implied, regarding the products.

BOXHILL does agree, however, to assign to the Customer any assignable warranties we may receive from any manufacturer. BOXHILL will assist you and use reasonable efforts to expedite manufacturing-related claims in accord with the manufacturer’s warranty. Please contact our Customer Service within 48 hours of discovery.

Product Color and Material Representations
BOXHILL attempts to describe its products as accurately as possible. However, BOXHILL cannot guarantee that product representations appearing on the Website are completely accurate. Colors and textures, as they appear on Customer’s screen, may vary slightly from the actual materials.


Product Variation
All material finishes, whether natural or manufactured, involve an allowable margin of variance. Customers acknowledge that finish variances are inherent to all products and that received product may vary from product samples and orders due to independent dye lot and production runs. Variation may include but not be limited to: color, grain, texture, finish, etc. Determination whether to take any action such as re-order based on perceived variance is at the sole discretion of an authorized BOXHILL representative.


Pricing and Information Disclaimer
BOXHILL’s goal is to provide accuracy in all prices, delivery rates and other information. All prices online are in U.S. dollars and are subject to any applicable taxes according to state and local laws. Availability, prices and delivery rates are subject to change. There may be errors in the prices, descriptions or images of certain merchandise, and BOXHILL reserves the right to restrict Orders of those items and correct any errors, inaccuracies or omissions.


Quotes are valid for 30 days. Retainer Fees are non-refundable. Prices set forth are predicated upon current foreign exchange rate; therefore, all prices are subject to pro-rate devaluations of rate and increasing manufacturer/shipper costs. BOXHILL reserves the right to adjust its prices, and terms and conditions of sale without notice.

United States Taxes & Duties

To the extent that any sales, excise, or other tax, is levied upon the goods that constitute an Order, such amount(s) will be added to the purchase price and will be paid by the Customer. The Customer may provide BOXHILL with an exemption certificate or other proper documentation applicable to the relevant taxing or customs authorities, and BOXHILL may accept such documentation in lieu of Customer’s payment of tax or duty. The Customer must remit documentation before the Order Acknowledgment is sent by BOXHILL.

International (Non United States) Sales Taxes & Duties
For the purpose of these Terms & Conditions, Value Added Tax (“VAT”) means an indirect tax levied based on local regulations. Unless expressly stated otherwise, all amounts specified on the Website and purchase agreements, purchase confirmations etc., are exclusive of VAT.

To the extent that any VAT is applicable on any sale, transfer, conveyance of goods pursuant to the Customer, BOXHILL will charge such VAT to the Customer and the Customer will pay such VAT to BOXHILL upon receipt of an invoice including VAT.

BOXHILL shall consider the availability of any exemptions, low VAT rates, or the 0% VAT rates that may be available for VAT purposes in connection with the supply of goods (BOXHILL’s products) to the Customer, provided that the Customer complies with all requirements to allow BOXHILL to apply such exemption or low, or 0% VAT rate.

In the event the Customer does not provide the required information to apply a VAT exemption, low VAT rate or 0% VAT rate, such as for instance, but not limited to, a valid VAT-identification number and the appropriate transport documentation, BOXHILL will apply the VAT rate that BOXHILL finds appropriate.

In the event the information and/or required documentation provided by the Customer in relation to the supply is incorrect and/or incomplete, or resulting in BOXHILL not applying the correct VAT treatment, BOXHILL will issue an additional invoice for the correct VAT amount which VAT amount shall be remitted to BOXHILL within 5 working days.

The Customer will be liable for any VAT assessment, penalties and interest incurred by BOXHILL due to the provision of invalid, incorrect or incomplete information and/ or documentation. Any such damages shall be invoiced to the Customer and shall be remitted to us within 5 working days.

Limitation of Liability
To the maximum extent permitted by applicable law and except as set forth in the above-mentioned limited warranty, in no event will BOXHILL, its affiliates, owners, directors and employees under any circumstances be liable for special, incidental, consequential, direct or indirect damage of any kind arising out of or related to BOXHILL’s product, from delays, from failure to give notice of delay, or otherwise, even if BOXHILL has been advised of the possibility of such damages.

BOXHILL’s total liability relating to any purchases governed by these Terms of Sale will not exceed the purchase price paid for the product giving rise to such claim, regardless of the legal theory asserted for such liability, whether in contract, tort, warranty or otherwise.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to certain Customers.

Returns + Refunds
If you are not satisfied with your purchase, please contact us to begin a return or exchange of your return-eligible item(s) (in new, uninstalled condition and original packaging) within 30 days of the delivery date. Please do not attempt a return without first having obtained a BOXHILL written authorization. We will not accept returns without prior written authorization. Please include the Sales Order and Return Number with the returned product(s).

Note that returns, refunds or exchanges are not accepted for special orders, items that have been installed, items no longer in their original packaging, and other items listed below. Other exclusions may apply. Please contact us for details.

Exceptions - We cannot accept returns, exchanges or refunds of:
- Products that have been installed, wired, or assembled
- Discounted and promotional items
- Products that are not in the original condition and packaging
- Altered items (repainted, refinished, cut, etc.)
- Products that are Made-to-Order, Custom or Special Order to your specifications
- Final sale items or gift cards
- Large quantities of the same product (6 or more)
- International orders, to include orders outside of the contiguous US

Before ordering large quantities or special order or custom products we encourage you to ask for as much information as you need - including swatches, finish samples etc. 

Note that a request to return items may incur restocking fees subject to our manufacturers. We reserve the right to apply refunds in the form of a store credit in certain circumstances. Upon return, your item will be inspected and exchanges, credits or refunds will be issued for the purchase price. Any taxes charged will be refunded in accordance with applicable laws. Delivery fees are non-refundable with the exception of manufacturer defects or transit damage. BOXHILL reserves the right to refuse returns or exchanges of items that are not in as-new condition due to damage or misuse by the client.

Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, contact us for details.

Shipping a Return
Details on returning your product will be supplied upon return request approval, including the shipping address. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

North American Orders outside the United States – orders returned from Canada or Mexico will have shipping and any applicable taxes and customs duties deducted from the refund. Please call customer service for an estimated cost.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Design Services & Fees
Furniture and merchandise selection and layout services are available at the rate provided by BOXHILL to the client at the start of a project. Applicable fees are due prior to initial Design Consultation or furniture support & merchandise layout, selection and specifications. Shipping and freight are billed separately.


Architectural Design Services and Fees
BOXHILL provides custom architectural design services for custom pool and outdoor kitchen designs. A Retainer Fee is collected prior to any Client Design Consultation. Fees are charged per hour and are non-refundable and are to offset the time spent at Consultation. Please note that when custom products are purchased through BOXHILL, Retainer Fees will be applied to the final Invoice at completion of Project. Custom layout plans are provided for use with installation and client construction purposes.


Ownership of Design Services
Any Design Concepts and/or Drawings created by BOXHILL remain the intellectual property of BOXHILL. Any design created by BOXHILL may be used by the client once a Design Fee has been paid and if all custom products for the project are purchased through BOXHILL. If relevant products are not purchased, clients may purchase the design concept at a cost determined by an authorized BOXHILL representative. Any other use of BOXHILL Design Concepts is in violation of intellectual copyright law and actionable.


Custom Installation
It is the responsibility of the client to have any BOXHILL Design Concept reviewed by their independent contractor, engineer, architect and/or building inspector, as applicable. Installation may be quoted and provided by certified BOXHILL installation sub-contractors to guarantee product warranty.

Architectural Project Construction & Cancellation
BOXHILL is a retail online showroom and design firm. BOXHILL is not an Architect, Engineer or General Contractor. All construction and other installation services are the sole responsibility and discretion of the client and their selected and contracted Contractor(s). Client is responsible for verifying and confirming adherence to all building codes and/or regulations pertaining to any project installation.

In cases where manufacturing or/and shipping process has started, cancellation may be possible, but a potential refund will be at BOXHILL’s sole discretion. If the Customer wishes to cancel the Order, please contact BOXHILL’s Customer Service.


Deviation
Terms and conditions from Customers that deviate from these Terms of Sale shall apply only if BOXHILL explicitly agrees in writing to them.

Notification
If these Terms of Sale require a notification to be in writing, then this requirement is also met by electronic means of correspondence, such as email.

Change of the Terms of Sale
BOXHILL reserves the right to update or modify these Terms of Sale at any time without prior notice to the Customer. Such revisions and additions shall be deemed effective immediately upon communication, including, without limitation, by posting the revised Terms of Sale on the Website. Placing an Order following the date of such change constitutes the Customer’s agreement to be bound by the Terms of Sale as revised.

Set-Off
The Customer will not be entitled to set-off any amounts due to the Customer against any amount due to BOXHILL in connection with an Order.

Choice of Law and Forum
This Agreement is governed by and will be governed by the laws of the State of Arizona, without giving effect to the Arizona principles of conflicts of laws. Any claim or dispute between the Customer and BOXHILL that arises in whole or in part from these Terms of Sale, including the determination of the scope or applicability of this Agreement to arbitrate will be determined by arbitration in Tucson, Arizona. The arbitration will be administered by a BOXHILL assigned entity. The dispute will be heard by one arbitrator. This clause will not preclude the Customer nor BOXHILL from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

The Customer and BOXHILL will maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator will reach his or her decision within three days from the conclusion of the hearing, and the arbitrator’s decision will be final, binding and non-appealable.

Limitation of Actions
The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver and Severability
If any part of these Terms of Sale is determined to be invalid or unenforceable, it shall not impact any other provision of these Terms of Sale, all of which shall remain in full force and effect. The failure of BOXHILL to partially or fully exercise any rights under these Terms of Sale or the waiver of any of the terms of these Terms of Sale by BOXHILL shall not prevent a subsequent exercise of such right by BOXHILL or be deemed a further or continuing waiver by BOXHILL of that or any other term. The rights and remedies of BOXHILL under these Terms of Sale and any other applicable agreement between the Customer and BOXHILL shall be cumulative, and the exercise of any such right or remedy shall not limit BOXHILL's right to exercise any other right or remedy.