Terms of service

TERMS & CONDITIONS & CUSTOMER WARRANTY

TERMS & CONDITIONS
GENERAL 

  • All orders are accepted subject to standard Terms and Conditions. All sales are final.
  • Maggie Cruz Home reserves the right to refuse any order.
  • Maggie Cruz Home reserves the right to periodically change Terms and Conditions without prior written notice.
  • Maggie Cruz Home reserves the right to make modifications to prices, products, and/or product components without prior written notice.

The “Maggie Cruz Home” name and marks are the exclusive property of Maggie Cruz Home, LLC. These marks may not be used in or with the name of any other business (specifically including, but not limited to, use of the name and marks to identify or “name” your retail store(s), to identify any person or entity other than Maggie Cruz Home, LLC or to refer to any goods or services other than Maggie Cruz Home, LLC, except as agreed to in writing by Maggie Cruz Home, LLC. All uses of the mark shall inure to the benefit of Maggie Cruz Home. In the event, Maggie Cruz Home finds it necessary to request that you cease and desist all further use of the “Maggie Cruz Home” mark and you fail to comply, Maggie Cruz Home reserves the right to suspend your customer account forthwith until such time as compliance shall be verified by Maggie Cruz Home and reserves the right to seek all damages incurred by Maggie Cruz Home as a result thereof. All uses of the mark shall inure to the sole benefit of Maggie Cruz Home.   Customers agree to cease and desist all uses of the Maggie Cruz Home, LLC marks that are not approved in writing by Maggie Cruz Home immediately upon request.  

PRICES AND TERMS

Full Payment is due at the time of purchase. 

  • Prices for our products are subject to change without notice.
  • We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
  • We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

A service charge of the lesser of 1 1/2% per month or the maximum permissible rate allowable at law shall be added to all accounts not paid within fifteen (15) days from the date of invoice for final shipment due to effectuate delivery. 

CRAFTSMANSHIP

Maggie Cruz Home products are crafted using natural materials and heritage techniques. Products may have natural variations such as knots or graining and may exhibit characteristic signs of an artist’s hand. We consider these the perfect imperfections of natural materials and of handcraftsmanship to contribute to the uniqueness and beauty of our Maggie Cruz Home pieces.   Our items may come from different manufacturers, so color variations may likely occur. For example, the shade of white in one product may be creamier or brighter than in another product. As such, should the customer desire more than one product of the same fabric and/or finishes, such instruction must be indicated on the Purchase Order and the multiple pieces containing the same fabric or finishes must be specified on the same Purchase Order. Products purchased under different Purchase Orders and/or invoices shall not be guaranteed to contain the same shade of color, fabric, and/or finish. Additionally, as we continuously improve our designs and finishes, items from different production runs may vary slightly from each other.  

PLACING YOUR ORDER 

Orders may be submitted via email at Sales@MaggieCruzHome.com  All purchase orders must include the following:  

  • Company Name (the entity being billed, address, contact person, email, and phone number);
  • List of products to be ordered, including - Quantity, Color, Fabric and/or Finish specifications, as applicable, and cost1
  • Payment information and Billing Address

 The above is defined as the “Purchase Order”. 

1 The customer is required to detail the exact Maggie Cruz Home Color, Fabric, and/or Finish on the Purchase Order form. Should more than one Color, Fabric, and/or Finish be required, the detail as to each product shall be specifically delineated. All products that require specific Color, Fabric, and/or Finish specifications shall not be changed/altered at any time after the order has been invoiced by Maggie Cruz Home.  

SHIPMENT AND STORAGE 

Unless expressly stated otherwise within the Sales Order and/or other documentation for any particular sale, all prices are FOB Origin, FOB Shipping Point. Shipping Point will be indicated on the Sales Order, along with Sales Terms and Shipping Terms. Beginning on the earlier of ten (10) days after the final invoice or Maggie Cruz Home’s original notification to the Purchaser of the Product’s readiness for shipment, Maggie Cruz Home shall impose on the Purchaser a storage fee of $25 - $75 per day per item. Warehouse Pick-up available, Charges may be applied and detailed on Sales Order. 

COLOR CUSTOMIZATIONS DISCLAIMER & EXPECTATIONS

Custom color charges apply per color on the same order and are not refundable.  Maggie Cruz Home matches Benjamin Moore Hues. Customer is to detail custom color by way of Benjamin Moore's name and Color code on Purchase Order/Invoice. For other brands, customers are to ship paint samples, prepaid freight, to an address provided by Maggie Cruz Home.   Maggie Cruz Home will provide a strike-off for approval. Shall that first, not meet your expectations a second will be provided at no additional charge. Charges may be incurred for additional attempts. Please be concise with comments and provide comments from all approvers at the same time. Production commences upon written approval receipt and acknowledgment by Maggie Cruz Home. Approvals should be received within 24-hours to avoid delay in any stated times lines.

It's important to know, Wood, like all-natural materials, has inherent disparities in color and grain pattern. Because of variations caused by nature, Maggie Cruz Home, LLC does its best to match the  color provided. Maggie Cruz Home does not guarantee an exact match to the sample provided due to the natural variation of the wood. Samples of grain pattern and color are matched to the best of our ability. Due to the natural variation in wood, each piece will have a variation in how it accepts the finishing process. 

ORDER CONFIRMATION

Upon receipt of a Purchase Order, Maggie Cruz Home will email an invoice if the Purchase Order is approved by Maggie Cruz Home. Should there be a question or issue with the proposed Purchase Order, a Maggie Cruz Home representative will contact the customer at the number delineated in the proposed Purchase Order to require clarification. Once the Purchase Order is approved, an invoice will be sent to the customer. Production on all Purchase Orders will not commence until payment is received pursuant to the Maggie Cruz Home Invoice.  

Note, Invoices sent without payment received from the Customer shall at all times only remain as a  quote and all quotes expire within fifteen (15) days of issuance. Maggie Cruz Home shall not be responsible to proceed with the production of any Purchase Order until such time as payment and any applicable Customer Own Material (C.O.M) fabrics are received and acknowledged by Maggie Cruz Home. It is the customer's sole responsibility to carefully review the accuracy of the invoice, and upon verifying all information therein to be correct, forward the required payment to Maggie Cruz Home as confirmation of acceptance of the invoice and the specifications delineated therein to finalize the Purchase Order.  

By paying the invoice, the customer agrees that the invoice shall represent a personal guaranty by the customer to Maggie Cruz Home of payment of all amounts due thereunder. If the Customer is a corporation or entity, the person duly authorized to effectuate payment and sign is the person that shall personally guarantee payment under the invoxice. Upon receipt of payment, an email will be sent by Maggie Cruz Home to the Customer acknowledging receipt of payment and commencement of Purchase Order production. Please note that should C.O.M be instructed, no production may commence until Maggie Cruz Home acknowledges receipt of the C.O.M, which shall be delivered to Maggie Cruz Home freight forwarder (address to be provided after the order is processed) at the customer’s sole expense. Maggie Cruz Home is not responsible for the quality, yardage, or any other issues pertaining to the fabric delivered by the customer. 

All orders are made-to-order and, as such, items are ready to ship approximately within 25+ weeks. Please note that the actual lead time for your made-to-order items may vary depending on a variety of factors and is subject to change. Lead time does not begin until payment has cleared and does not include freight transit time. For those orders with customization, the production lead time  commences the latter of: C.O.M fabric has been received, Paint Strike off approval of custom color and, if applicable, shop drawings approvals are received in writing by Maggie Cruz Home, LLC. 

PAYMENT POLICIES 

For domestic sales, Maggie Cruz Home accepts all major credit cards, checks, ACH payments, and wire transfers from the customer. For international orders, Maggie Cruz Home only accepts credit cards and wire transfers in U.S. dollars ONLY. 

  • Orders shall be released to ship upon clearance of the customer’s funds. Wire transfers may be subject to a U.S. $25.00 wire transfer fee.
  • We do not accept any third-party customers’ credit cards. Credit card fees may be passed on to the buyer in accordance with the law.
  • A $50.00 processing fee shall be applied to all checks of Customers that are returned for insufficient refunds.

CLAIMS 

Maggie Cruz Home is an FOB Origin vendor, which means that the ownership of goods is transferred to you the moment the shipment is released to your shipper. FOB, “Free On Board”, is a term in international commercial law specifying at what point respective obligations, costs, and risks involved in the delivery of goods shift from the seller to the buyer under the Incoterms standard published by the International Chamber of Commerce. It is of the utmost importance that all containers and goods be inspected upon receipt so that you may take any necessary action with your shipper directly. If further review needs to be made by Maggie Cruz Home, steps are outlined in the Claims Procedure attached. 

We document every piece completed in production with photo journaling to back up our standards. Each final piece goes through a standard Quality Control process and checklist sign-off before it is wrapped and packaged. While we take this QC process and control very seriously, we understand there are times when there may be instances of concealed damage as well as those of visible damage upon receipt. Our claims policy helps navigate these instances.

**MAGGIE CRUZ HOME CLAIMS POLICY** 

All claims must be submitted emailed to sales@maggiecruzhome.com for evaluation. Each claim must include specific details and accompanying photographic evidence. 

  1. Name associated with the Maggie Cruz Home Account
  2. Description of the item in question—include fabric type, wood type, etc.
  3. Maggie Cruz Home Sales Order Number
  4. Detailed explanation of the issue
  5. Photographs or video demonstrating the damage or issue
  6. Desired resolution
  7. Current location of the item

Maggie Cruz Home does not accept claims regarding broken glass. We recommend contacting a local glass specialist for any replacement needs. Should there be any concerns regarding the frame or base of glass items, claims will be considered based on delivery timelines and circumstances, followed by a timely determination of approval or denial. 

In cases suggesting a manufacturing defect, notification to our claims department should occur within five (5) business days of delivery for assessment. If a manufacturing defect is verified, Maggie Cruz Home reserves the right to send a local contracted service agent for repairs on-site or in proximity. Should you wish to utilize your own local service provider and a repair can be accomplished locally, an estimate must be submitted for approval prior to any repairs. If a local repair is unfeasible, Maggie Cruz Home will arrange for the return of the item to our facility for necessary repairs or replacement. 

Claims for concealed damage must be reported to the claims department within ten (10) business days from the initial delivery date or transfer to your appointed carrier. Visible damage is defined as any damage that is readily apparent without the necessity of unboxing or further inspection of the item. This includes, but is not limited to, physical damage visible on the exterior surfaces of the packaging or the item itself, as well as any audible signs of damage, such as rattling or shifting of components within a sealed package. It is imperative that such visible damage is reported to the claims department within three (3) business days from the date of delivery as indicated by the designated carrier’s records. Failure to notify within this timeframe may result in a denial of the claim. 

Concealed damage entails problems not identifiable until after unpacking the delivered goods. 

Defects may not be immediately apparent within the designated time frames for visible and concealed damage and will be assessed individually. 

For concealed damage claims, the following documentation is required: 

  1. Photographs of the original packaging in which the item was received.
  2. Proof of delivery to confirm the date of delivery by the freight forwarder.
  3. Photographs of the damaged item, showcasing it fully and providing close-up images of the damage.

Claims for concealed damage must be communicated to the claims department within ten (10) business days of delivery to the specified delivery address. Additionally, you must promptly submit a claim to the original carrier for their approval of the repair or replacement, documenting “received with damage” on the original delivery receipt. 

For visible damage claims, the necessary documentation includes: 

  1. Photographs of the original packaging in which the item was received.
  2. Proof of delivery to confirm the date of delivery by the freight forwarder.
  3. Photographs of the damaged item, showcasing it fully and providing close-up images of the damage.

For claims arising from transit damage, you must seek reimbursement directly from the shipping carrier. Replacement orders will not be processed until payment of the original invoice balance is received in full, regardless of customer payment terms. Furthermore, all orders for replacement or repair must be fully paid before shipment. A new purchase order will be required for all replacement orders. 

If local repairs are permissible, you must consult our claims department to obtain approval for your local repair estimate prior to any repairs being conducted. Failure to receive this approval may lead to the denial of reimbursement for the claim. 

In instances where the claim involves the nature or performance of fabric or leather, Maggie Cruz Home may engage the respective fabric mill or leather tannery for further examination and resolution. As many of our partners operate globally, this review process may take additional time. We will strive to keep you informed on timing, status, and final resolution promptly. 

Notification for visible damage claims must be made within three business days from the delivery date by your designated carrier to the initial specified address. You must also file a claim with the original carrier for their approval regarding repairs or replacements, noting “received with damage” on the original delivery receipt. 

**Non-Conforming Product:** 

If the received order is found to differ from the submitted purchase order for any reasons, Maggie Cruz Home must be notified no later than 60 days following the transfer to your designated carrier. 

It is important to note that if a prior order confirmation has been issued and signed by you before the order dispatch, that purchase order is deemed accepted. Claims will not be acknowledged for errors stemming from omissions or incorrect entries. 

Maggie Cruz Home will not engage in any claims, whether for concealed or visible damage, for items that have been crated or palletized at the customer’s request. In such cases, you will need to directly contact the carrier for appropriate action.

The notation “subject to inspection” does not serve as a substitute for documenting damage at the time of delivery, nor does it negate the aforementioned policy regarding the submission of claims at a later date. 

All products are shipped FOB (Free on Board) via the carrier designated by the customer. Dimensions and weights are provided as a reference for cost estimation purposes and may vary. 

Maggie Cruz Home is committed to standing behind its products, which are meticulously handcrafted with attention to detail. We will assess the concerns raised and undertake appropriate measures to address any issues. 

Goods that are refused and returned to Maggie Cruz Home for any reason without prior notification or approval shall be the sole responsibility of the customer, and any resultant damage will likewise fall under the customer’s liability. 

ABANDONED CLAIMS: Claims will be deemed abandoned by the customer after a period of 60 days from the last correspondence with Maggie Cruz Home and will not be subject to further review. 

RETURN & REFUND POLICY 

ALL SALES ARE FINAL AND NON-REFUNDABLE AND NON-CANCELLABLE as they are custom made to order per the Purchase Order &/or invoice of each customer and items are not maintained in stock. Returns and exchanges are not accepted.

AVAILABILITY OF MERCHANDISE

Availability of merchandise is subject to change or discontinuance without notice.  

INDEMNIFICATION

Customers agree to indemnify, defend, and hold harmless Maggie Cruz Home, LLC., its officers, directors, employees, agents, licensor, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. 

CUSTOMER LIMITED WARRANTY

This MAGGIE CRUZ HOME, LLC (“MCH”) Customer Limited Warranty (the “Warranty”) covers furniture products by MAGGIE CRUZ HOME. This Warranty is given only to you, the original retail purchaser. MCH warrants the following MCH products and parts against defects in workmanship and materials when put to “ordinary residential use” from the delivery date (available from the selling authorized dealer or MCH) until the warranty expiration date and subject to the limitations and exclusions stated below. For purposes of this Warranty, “ordinary residential use” means use in a single-family dwelling with product maintenance performed and absence of misuse, accidents, or negligence. Any maintenance or cleaning performed outside of the manufacturer’s instructions may void this warranty. MCH will repair or replace, at MCH ’s discretion, any covered product or part found to be defective in workmanship or materials upon examination by an authorized MCH representative. 

Upholstered Items: MCH warrants standard, unaltered (not recovered) upholstery for one (1) year when put to ordinary, indoor residential use, subject to the limitations set forth below. 

Cushion Cores: MCH warrants cushion cores against loss of resiliency for two (2) years when put to ordinary residential use. Please note that the loss of resiliency should not be confused with the slight and expected softening and flattening of the polyester fiber, feather and down the mixture, and foam components that occur as a result of normal use and aging. Such flattening and softening is not a material or manufacturing defect and is not covered by this Warranty. 

Fabrics: MCH does not guarantee and will not assume responsibility for colorfastness or the wearing qualities of any fabric. Any adjustment made will depend on the fabric manufacturer’s willingness to stand behind their product. We cannot be responsible for color variations beyond a reasonable commercial match. If an exact color match is required, a cutting of the fabric (for color and a photo for pattern match) or leather must be submitted with your order. MCH will not be responsible for fabric that has been treated with a stain-repellent finish by the customer. 

Wood Products: MCH warrants wood products for one (1) year when put to ordinary, indoor residential use, subject to the limitations set forth below. 

Glass and Mirror Surfaces: MCH warrants stone, glass, mirror, and all other non-wood surfaces for one (1) year when put to ordinary residential use. 

Finishes: MCH warrants standard finishes on wood surfaces for one (1) year when put to ordinary residential use. Please note that the beauty of veneer and all wood products comes from the variations created by nature including color, grain, and texture. These variations are not considered defects and this Warranty does not cover color, grain, and texture variations associated with natural wood and grain seen in any finish color. 

Hardware: MCH warrants case-goods hardware including pulls, handles, hinges, and locks for one (1) year when put to ordinary residential use. When available, replacement hardware will be provided for valid Warranty claims. If matching replacement hardware is not available, then MCH will provide a set of similar hardware for the single wood product unit.

GENERAL LIMITATIONS AND EXCLUSIONS

The following limitations and exclusions apply to this Warranty:  The remedies provided in this Warranty shall be the sole and exclusive remedies for any and all losses or damages resulting from non-conforming goods or from any other cause and are in lieu of all other remedies, warranties or representations, express, implied, or statutory, including but not limited to any implied warranty of merchantability or fitness for a particular purpose and all other obligations or liabilities, whether in contract or in tort, all of which are expressly disclaimed. MCH disclaims and shall not be liable for incidental or consequential damages of any sort. 

  • This Warranty is to the original purchaser from authorized dealers only.
  • This Warranty is not transferrable.
  • This Warranty does not cover normal wear and tear, or damage resulting from negligence; abuse; commercial or contract use; conditions resulting from any use for which the product was not designed; tampering or alteration; accidents; pets; after-market protective treatments; staining or discoloration caused by a non-manufacturer approved cleaning products or techniques; surface spills; misuse; fading from direct sunlight; body oils; tanning lotions or other chemicals; and chipping, denting, scratching, and gouging that occur from handling after shipment of the product.
  • This Warranty does not cover floor or display samples, or products designated “as is” at the time of purchase.
  • This Warranty does not cover finish failure, from the indoor pool, saltwater pool, or seaside use of our outdoor products, caused by neglecting to perform reasonable and necessary care as provided by the manufacturer.
  • Customer own material (“COM”) and customer own leather (“COL”) are excluded from this Warranty.
  • MCH ’s obligations under this Warranty are limited to repair or replacement of the product(s) or part(s) covered by this Warranty that are, in MCH ’s sole discretion, found to be defective in workmanship or materials upon examination by an authorized MCH representative. Refunds are not available after 30 (thirty) days from delivery.
  • This Warranty does not cover non-compliance with applicable laws, regulations, codes, certifications, and manufacturing standards if the product(s) or part(s) are misused, improperly installed, or modified in any respect after shipment from MCH or after MCH-approved assembly

AGREEMENT 

The Terms and Conditions delineated herein, in the invoice and purchase order supersede all prior communications, oral or in writing, and all proposals, understandings, conditions, warranties, covenants, or conversations/agreements between the parties relating to the product(s)/item(s) being purchased by customer from Maggie Cruz Home. This agreement may only be altered or amended by a written agreement signed by Maggie Cruz Home. If at any time a provision of this agreement shall be found to be illegal or non-binding by a court of law, the remainder of the terms of the agreement shall remain in full force and effect. No failure by Maggie Cruz Home to exercise any of its rights under the Terms and Conditions, at law or in equity shall be deemed a waiver of any rights of Maggie Cruz Home, all of which are specifically reserved and not waived.  

Maggie Cruz Home, LLC 

Headquarters: 
4341 SW 72 Avenue  Miami, FL 33155