Terms and Conditions

SALES AND SECURITY AGREEMENT (“Agreement”)

BY USING THE VIVID HOME WEBSITE FOR ORDERING MERCHANDISE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE VIVID HOME WEBSITE ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.

 

Section 1. Sales Orders; Payment; Order Cancellations; No Delivery - Purchaser agrees to pay
VARASH LLC (“VIVID HOME”) the total purchase price for the personal property described on the
Sales Order attached hereto (“Ordered Merchandise”) including, without limitation, applicable sales
tax, delivery charges and restocking charges where applicable (together with the total purchase price,
the “Total”). Unless otherwise agreed between VIVID HOME and Purchaser, in the event Purchaser
enters this Agreement with respect to a Sales Order containing merchandise that is not in stock in
VIVID HOMES’s warehouse and must be ordered by VIVID HOME as a special order, including
without limitation, backordered merchandise (collectively, “Unstocked Merchandise”), Purchaser shall
pay a deposit of 50% of the Total on the Purchase Date. The balance in full is due and payable before
arrival of the Unstocked Merchandise at VIVID HOME´s warehouse (“Arrival Date”). Purchaser must
have delivery made to a Purchaser location within 30 days of the Arrival Date of all merchandise listed
on a Sales Order containing Unstocked Merchandise. Unstocked Merchandise will substantially
conform to the description on the Sales Order, except that such merchandise may vary in grain, color,
stain, shape, texture or pattern from description or sample, and described sizes are approximate only.
Merchandise shall not be delivered or made available for pickup by Purchaser until VIVID HOME has
received full payment of the Total for the applicable Sales Order with respect to such merchandise. In
the case of payment by check, merchandise shall not be delivered or made available to Purchaser
until three weeks thereafter. VIVID HOME will refund any deposit or payments made by Purchaser, if
any, if, before full payment of the purchase price hereunder, such Ordered Merchandise becomes no
longer available in the same condition as at the Purchase Date.

Section 2. Returns - Undamaged / Non-Defective Product: Any undamaged Merchandise and
backordered merchandise received by Purchaser purchased at VIVID HOME cannot be returned.
Defective Merchandise: Shipping and Freight Damage - Purchaser shall inspect all packages before
signing the delivery ticket. Purchaser and delivery agent must add a note on the delivery ticket with the
occurred damages listed and inform VIVID HOME immediately. If Purchaser feels merchandise is
defective upon receipt, he must contact VIVID HOME within 2 business days thereof and provide
digital photos and a description of the problem. Once VIVID HOME has determined that the
merchandise is defective, VIVID HOME, at its discretion, may exchange or repair the merchandise. In
the event that damaged merchandise arrives at Purchaser’s location, Purchaser shall take the
following steps to insure that a freight claim can be filed: Items Shipped Via Third Party -1, Note on the
freight company delivery receipt "Damaged"; with a description of the piece; 2. Notify the VIVID HOME Shipping Department within 48 hours of receipt. 3. Keep all packing material for inspection. 4. Take digital photographs of the damaged item and packing material. For pickups or deliveries: Note any damage on the delivery/pickup slip. For deliveries, both Purchaser and delivery driver must complete a CCC Form. For customers who follow these steps, VIVID HOME will file a freight claim with the shipper and arrange for repair or send a replacement. Purchaser will bear sole responsibility for any damaged merchandise that arrives at Purchaser’s location if any of the above steps are not taken.

Section 3. Purchaser’s responsibility: Before ordering a Merchandise from VIVID HOME, the
Purchasers responsibility is to make sure that the Merchandises dimensions fit into their desired
space. For delivery it is in Purchasers responsibility to ensure that all furniture items will fit through
any access points such as doorways, stairways, hallways, elevators and around corners into the
desired location.

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Section 4. Non-Refundable -  With the exception of backordered merchandise, Unstocked
Merchandise cannot be cancelled, returned or refunded. Delivery dates on Unstocked Merchandise

are estimates only and may change because of fabric shortages, production delays and availability of
merchandise.

Section 5. Security Interest - Title to the Ordered Merchandise shall not pass to Purchaser under
any circumstances unless and until VIVID HOME has actually received full and irrevocable payment
from Purchaser for such Merchandise. Purchaser grants to VIVID HOME a purchase money security
interest in the Personal Property and in any and all replacements and substitutions therefor, as well as
in any and all proceeds of the foregoing for the purpose of securing payment of any balance due
hereunder. The security interest granted herein shall terminate automatically upon payment in full of
all sums owed by Purchaser to VIVID HOME under this Agreement. Until such termination, this
Agreement may be assigned by VIVID HOME without notice to Purchaser, and in such event,
Purchaser will not assert against the assignee hereof any claim or defense which Purchaser may have
against VIVID HOME. Purchaser agrees to execute or cooperate in the filing of any financing
statement VIVID HOME requests to perfect or continue its security interest hereunder. Purchaser
hereby authorizes VIVID HOME to file such financing statements. Purchaser agrees and warrants
that, until the remaining balance of the Total has been paid in full, Purchaser shall not attempt to sell,
transfer, rent or otherwise dispose of the Personal Property. Purchaser shall be in default under this
Agreement upon the happening of any of the following events: 1) default in the performance of any
obligation contained or referred to herein, or 2) Purchaser becomes insolvent, seeks or consents to
the appointment of a receiver, trustee or custodian for itself or for all or any part of its property; files a
petition seeking relief under any section or chapter of the Bankruptcy Reform Act of 1978, as
amended, or under any present or future federal or state insolvency, bankruptcy or other similar law,
makes general assignment for the benefit of its creditors, admits in writing its inability to pay its debts
as they mature, or generally is not able to pay its debts as they become due. In the event of the
occurrence of an event of default, VIVID HOME may take any or all of the following actions: (i) declare
the entire sum remaining unpaid hereunder to be immediately due and payable and sue immediately
for said amount and all costs and expenses which it incurs in connection with the collection of said
amount; (ii) declare the Agreement terminated and retain all payments made up to the time of such
termination, as Purchaser acknowledges that the damages which would be incurred by VIVID HOME
in the event of Purchaser’s default cannot be ascertained at this time and that the payments constitute
the liquidated damages representing the parties’ best estimate of the damages which would be
incurred by VIVID HOME, or (iii) avail itself of any remedy available to it now or at the time of default,
either at law or in equity.

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Section 6. Limitation On Liability – VIVID HOME shall not be liable for any special consequential
damages that customer may incur if the merchandise is damaged or delayed in shipment or delivery.
In no event shall VIVID HOME be liable to Purchaser for any amount in excess of sums actually paid

to VIVID HOME.

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Section 7. Products. VIVID HOME may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, "Products"), as well as references and links to Products. Such Products may be made available by VIVID HOME or by third parties. The availability through VIVID HOME of any listing, description or image of a third-party Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colours, however the actual colours you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. 

Due to the variances in computer monitors, and the various settings for brightness and contrast that users may adjust their monitors to, we cannot guarantee with any certainty that the color represented in a product image on your monitor is EXACTLY as it appears in the physical world. Due to the variations that exist in our products and in the handmade manufacturing process color samples displayed on this site may differ slightly from the actual color of the product. Due to the handmade nature of our products, there may be slight variations in color and/or craftsmanship. 

All of our products are handmade, so the actual pieces may vary slightly in color and size from the images shown online and may also have slight imperfections.  We love this about our products; they are all unique and have a handmade story behind them.  We strive to provide the most accurate information about each product; please make sure that you have carefully read the descriptions and viewed the images of each item before placing an order.

Section 8. Miscellaneous – VIVID HOME may cancel this Agreement without liability to Purchaser by
refunding Purchaser’s deposit, if any, without interest. Purchaser agrees to pay VIVID HOME any
sales, excise or similar tax that may now or in the future be imposed on the sale or delivery of the
property described on the reverse side hereof, or any service provided for hereunder, or furnish VIVID
HOME with an appropriate exemption certificate. Purchaser shall pay all expenses incurred by VIVID
HOME in enforcing its rights under this Agreement, including all costs, expenses and reasonable

attorney's fees incurred by VIVID HOME in collecting the balance of the purchase price. This
Agreement and the instruments referenced herein contain the entire agreement between the parties.

Section 9. Website Inaccuracies - We do our best to present the most recent, most accurate, and
most reliable information on our website at all times. However, there may be occasions when some of
the information featured on vivid-home.net may contain incomplete data, typographical errors, or
inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is
reflected in merchandise price, item availability, or in any way affects your individual order. Please be
aware that we present our content “as is” and make no claims to its accuracy, either expressed or
implied. We reserve the right to amend errors or to update product information at any time without
prior notice. In the event a product is listed at an incorrect price due to photographical error,
typographical error or error in pricing information from our suppliers, VIVID HOME shall have the right
to refuse or cancel any orders placed for product listed at the incorrect price. We also have the right to
refuse or cancel any such orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your order is cancelled,
VIVID HOME will issue a credit to your credit card account in the amount of the incorrect price.
This Agreement may be modified only in writing signed by an authorized representative of each of the
parties hereto. This Agreement shall not be binding upon VIVID HOME until approved and executed
by VIVID HOME's authorized representative. The Purchaser will immediately pay to VIVID HOME
without demand a fee of twenty-five ($25.00) for each of the Purchase's checks which is dishonored
by Purchaser’s bank and returned to VIVID HOME for any reason whatsoever. Time is of the essence
in the performance of all obligations under this Agreement. No waiver by VIVID HOME in respect of
any breach or default hereunder shall operate as a waiver in respect of any subsequent breach. No
forbearance, failure or delay by VIVID HOME in exercising any right or remedy shall operate as a
waiver thereof, nor shall any single or partial forbearance, exercise or waiver of any right or remedy
prejudice its further exercise of any right or remedy under this Agreement or at law. In the event that
any of the provisions of this Agreement, or any portion thereof, shall be held to be invalid or
unenforceable, the validity and enforceability of the remaining provisions hereof shall not be affected
or impaired but shall remain in full force and effect. No oral representations or warranties with respect
to said property shall be valid. This Agreement and the Sales Order annexed hereto shall be binding
on Purchaser and VIVID HOME and their respective successors, assignees, and representatives.

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