Terms and Conditions are subject to change, for the latest version on these Conditions please see it online on our Website. These Conditions can be saved electronically or printed by all users of our Website. Whilst they remain posted on our Website, these Conditions will apply to all transactions carried out via our Website, e-mail or/ and by telephone. TERMS AND CONDITIONS FOR ORDERS PLACED BY TELEPHONE, E-MAIL OR VIA MainGUILTY’s WEBSITE
VERSION DATED DECEMBER 2021
All orders are subject to acceptance by the wholesaler (“Seller”) of the Product Line (“Manufacturer”).
Buyer (“Buyer”) is defined as the person, firm or company, authority or government department, which purchases the Goods from the Seller.
Acceptance of orders is based on the express condition that buyer agrees to all of the terms and conditions contained herein. Acceptance of delivery by buyer will constitute buyer’s assent to these terms and conditions. These terms and conditions represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying, or otherwise changing the provisions stated herein, shall be binding upon manufacturer unless prior written approval is signed and approved by an officer of manufacturer. No modification of any of these terms will be affected by manufacturer’s shipment of goods following receipt of buyer’s purchase order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.
All quoted completion and delivery dates are estimates only. MainGUILTY shall not be liable for delays in completion, shipment, or default in delivery for any reason of force majeure or for any cause beyond Manufacturer’s or MainGUILTY’s reasonable control including, but not limited to, (a) government action, war, riots, civil commotion, embargoes or martial laws, (b) Manufacturer’s inability to obtain necessary materials from its usual sources of supply, (c) shortage of labor, raw material, production or transportation facilities or other delays in transit, (d) labor difficulty involving employees of Manufacturer or others, (e) fire, flood or other casualty, or (f) other contingencies of manufacture or shipment. In the event of any delay in Manufacturer’s performance due in whole or in part to any cause beyond Manufacturer’s reasonable control, Manufacturer shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of such goods.
- The Seller reserves the right, without prior notice, to discontinue products or change specifications on products.
- MainGUILTY’s finishes are applied by hand and may vary in color, tone and character. While MainGUILTY will make every effort to match the finish, no guarantee can be made of an exact match. MainGUILTY does not guarantee that finishes will neither fade or oxidize throughout time.
- MainGUILTY makes every effort to accurately display the attributes of the Products, including applicable colors on its website. However the actual colors and textures displayed may depend on the user’s device, and MainGUILTY cannot guarantee that such device will accurately display the same exact colors and textures.
3.1. Due to the nature of MainGUILTY manufacturing processes, techniques and selection of materials, certain products may exhibit slight variations, minor marks, pitting, porosity and/or color anomalies. Many wood, stone and metal materials and finishes may vary in color, veining, tone and character. It is considered to be part of their natural beauty.
- All of the Seller’s drawings, descriptive matter, weights, dimensions, descriptions and illustrations contained in the its catalogues, price lists or advertisements are close approximations only and intended to give a general description of the goods. Furniture and lighting pieces are handmade, and therefore are subject to slight variations.
- All upholstery products can have up to 5cm/1.97in variation due to the handmade process of MainGUILTY’s production. MainGUILTY will not accept custom dimension requests with less than 10cm/3.94in difference from the standard product, or claims regarding dimension variations under 5cm/1.97in.
- The Seller does not guarantee fabrics, dyed or natural, from fading. The foregoing warranty is in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise, including but not limited to any implied warranties of merchantability or fitness.
- MainGUILTY is free to apply any design changes without prior notice. Images on the catalogue or website may vary from the final product.
- MainGUILTY ships its lighting products without bulbs to North America and other countries that use 110-127V outlets.
- For lighting pieces plugs and switches are included and in accordance with the standards of the country to which the product is destined.
- Mattresses are not included on our beds.
- MainGUILTY has the ability to customize existing products or new products to meet contract specifications – all situations that require custom designs are subject to an upcharge. Special pricing based on quantity and features will be provided upon request for all customized products – decision will be made on a case-by-case basis and the Buyer will be notified of any respective fees.
- MainGUILTY reserves the right to upcharge by up to 20% of any product with gold, nickel, black nickel or copper finishes apart from its standard metal ones.
- MainGUILTY reserves the right to upcharge by up to 20% of any product with real leather apart from its standard ones.
- MainGUILTY reserves the right to upcharge by up to 10% of any product with synthetic leather.
- MainGUILTY reserves the right to upcharge 75€/$90 per color to any product which uses a RAL colors apart from its standard lacquered ones.
- MainGUILTY is able to provide all lighting pieces with LED bulbs instead of halogen bulbs. 20€ are charged per each LED bulb.
- Before any order, MainGUILTY is free to charge a design fee for more extensive drawings or renders the Buyer may request for customized products. These fees are non-refundable once paid for and will be deducted on the final cost of the order.
- Should any product need extensive and more detailed customization, MainGUILTY will only proceed to the prototyping phase once any technical drawings of such customizations have been signed by the Buyer.
9. Any customization regarding specific dimensions or finishes will require special pricing based on product quantity and features. In such cases, additional design fees may apply. This will be determined on a case-by-case basis at which time the Buyer will be notified of any said fees.
- For pieces with custom specifications the Seller reserves the right to extend the listed lead time.
- Custom orders are not returnable under any circumstances
- MainGUILTY reserves the right to upcharge by up to 20% if marble is not standard
- Fabric quantity requirements are based on a standard width of 1,40m/55.11in for plain fabrics. If the Buyer’s fabric has a different width or contains a pattern, MainGUILTY must be notified in order to provide the Buyer with the exact required fabric quantity.
- If the pattern requires matching, MainGUILTY must be notified of the repeating patterns for a calculation of additional yardage/meters required and/or additional charge for matching.
- The Buyer is responsible for advising MainGUILTY in writing of any specific requirements to special alignment, placement of or detail, front or back of the COM/COL. Otherwise COM/COL will be applied according to the upholsterer’s guidelines based on the standard model.
- The Buyer is responsible for the fabric costs and all export fees to the MainGUILTY warehouse. MainGUILTY does not accept any fabrics if the charges are applied to the addressee.
- MainGUILTY is not responsible for COM/COL orders, when the fabric features put into question the quality of the final product.
- A complete copy of the COM/COL Form must be submitted with the pro forma together with the fabric/leather to the MainGUILTY warehouse, to avoid delays caused by lack of identification (read more at LEAD TIMES).
- Standard production lead time is between 6 to 12 weeks, delivery time not included.
- MainGUILTY is prepared to guarantee a 2 week lead time on selected pieces, which may vary according to the time of year.
- For pieces with custom specifications or orders of large quantities, MainGUILTY reserves the right to agree with the Buyer on a different lead time.
- MainGUILTY is not responsible for delay on production time if there is failure in submitting the confirmation (receipt) of the transfer.
- Lead time for orders with COM/COL products only starts once the fabric or leather arrives at MainGUILTY’S office and is properly identified. MainGUILTY is not responsible for delay on production time if there is failure in submitting the confirmation (receipt) of the transfer.
- All fabrics must be identified with the proper COM/COL Form that is sent together with the proforma. 7. MainGUILTY is not responsible for delays in production or any fabric misuse if the fabric is sent without proper identification by the Buyer.
- Supply contracts between the Seller and the Buyer can be considered after a comprehensive analysis of the benefits for the two parties involved has been carried out.
- The values on the Seller’s Euro and Dollar Price List are public and substitute any other published or advertised before.
2. Prices always refer to a single unit and VAT is not included in the price. All legal taxes and fees must be subsequently added to the price.
3. Prices are Ex-Works Paços de Ferreira, Portugal.
4. Each time there is a request to change the information in the proforma already paid in advance, there is an additional administrative fee of 150€/175$.
5. Standard packaging is included in the price. Should the Buyer require specific packaging, he will be charged accordingly.
- All taxes and excises of any nature whatsoever now or hereafter collected by governmental authority, whether federal, state or local, either directly or indirectly, upon the sale or transportation of any goods covered, hereby, shall be paid and borne by Buyer.
- To receive net pricing, a U.S. tax exemption ID certificate or reseller’s license is required for an account, or both items below: Proof of valid membership (e.g. current membership ID) in one of these organizations: – ASID American Society of Interior – Designers, or international affiliate – IIDA International Interior Design Association – IDS Interior Design Association – IDS Interior Design Society – CID Certified Interior Designers International – National Council for Interior Design
- Special conditions may be applied for large-scale orders. The Seller and the Buyer must agree upon said special conditions in a contract signed by the two parties. CONTACT: email@example.com / T. +351 910 116 115
- Rappel discounts may be provided by the Seller after a comprehensive analysis of the purchasing order has been carried out.
- The values on the Seller’s Euro and Dollar Price List are public and substitute any other published or advertised before.
1. Shipping costs are not covered in the basic price of an item.
2. For shipping quotations please contact MainGUILTY.
3. Whenever the Buyer chooses to transport the product(s) by their own method or means, MainGUILTY will be free of any charges or responsibility over events that might occur after the goods come out of the warehouse.
4. If the transportation is arranged by MainGUILTY, it will be charged separately from the products’ value. Please note that all transportation services require the receiver of the good to verify their status with the carrier upon delivery.
5. Shipment arranged by MainGUILTY includes door-to-door, drop off service only. Delivery personnel are limited to delivering to physical shipping address only. The personnel is not permitted to handle, uncrate, or remove any packaging or materials. Should the Buyer request a specific method of shipment beyond the aforementioned shipping method of the Seller, the Buyer is subjected to all additional costs of additional services.
5.1 Additional services would include, but are not limited to: air freight, special handling, and/or white glove services.
6. According to the existing conventions (CMR (1956), Warsaw (1929)/Montreal (1999), Brussels (1924), CIM (1970, the receiver shall verify the goods conditions with the carrier on the receipt and keep the package. POD (Proof of Delivery) must be signed by the receiver. In case of apparent damage, the receiver must open the goods in front of the carrier and mention the damages on POD. The receiver should keep the products in the final destination and save the packages. In case of no apparent damage, the receiver must mention on POD – ‘received the goods but conditions will be checked’.
7. All items must be inspected for damage prior to signing the Proof of Delivery (POD). Therefore, responsibility for damage occurring in transit is the Buyer’s responsibility and all claims for freight damage must be made within 48 hours after reception. MainGUILTY will not accept any claim on merchandise after a 48-hour period. Digital photographs of damaged goods and boxes will be required for replacement of damaged goods. Save all damaged crates/packaging until claim with carrier is settled. Signature of receipt by Buyer’s agent or employee constitutes full acceptance of all packages stated on the bill of landing or electronic clipboard in as is condition. The Buyer is responsible for all shipping and return charges for any shipment that is refused as well as forfeiture of the Buyer’s deposit. The refusal of damaged merchandise in no way relieves the Buyer of responsibility for payment of goods. The Seller shall not be liable for delay in shipment for any cause, nor shall any delay entitle the Buyer to cancel or refuse delivery of any order that has been shipped. MainGUILTY will not honor any claims without a formal written claim and photos of damages of the product, crate and packaging.
8. Damages that are caused by the Freight Carrier and occurred during transit from MainGUILTY to the addressee, are not the responsibility of MainGUILTY. It is the receiver’s responsibility to inspect items received upon delivery to ensure proper measures can be taken to file a claim with the Freight Carrier.
8.1. Every package will come equipped with a TiltWatch that measures the degree of which the package was tilted during transit to the addressee. Excessive tilt, above 30º, is responsibility of the Freight Carrier. The addressee is responsible for opening the package in the moment of the delivery, check the TiltWatch and report it right away in the POD (proof of delivery). Provide photographical evidence within a month of delivery to MainGUILTY so it can solve the delivery damage claim with the Freight Carrier, as well.
9. Should any of these terms not be followed by the Buyer and should MainGUILTY have photographical evidence of the items before shipping in good conditions, claims over such items will not be accepted by MainGUILTY.
10. MainGUILTY will not be liable for any damages resulting from handling, loading or unloading by persons acting on behalf of the receiver. Any transportation of the piece from destination to a second location will forfeit any transportation damage claim.
11. MainGUILTY reserves the right to charge an extra 10% of the transportation price if the Buyer postpones the expedition within 3 days or less prior to the agreed departure date.
12. For orders with a final destination outside the European Union, MainGUILTY reserves the right to issue the DU (export document) which has a cost of 80€/99$ per invoice. Any other transport/export documents must be required by Buyer. MainGUILTY it free of any responsibility if those documents are not required by Buyer in a useful time.
13. Any shipments returned to Seller as a result of Buyer’s unexcused delay or failure to accept delivery will require Buyer to pay all additional costs incurred by Seller including storage fees.
14. When the Buyer’s order is nearing completion, MainGUILTY will notify them so shipment can be arranged.
15. All products are carefully packed and inspected prior to shipment.
16. The refusal of damaged merchandise in no way relieves the purchase of responsibility for payment of goods. MainGUILTY is not responsible for goods loss or damage during the shipping time.
1. Storage fees may be applied up to 120€/140$ per m3 per week if outstanding invoice balance is not paid in full and/or shipping arrangements have not been made within 10 business days after being informed that the order is ready. The charge will be compounding weekly either in Portuguese or in the US warehouse. If the order is not picked up within 1 month, the pieces will automatically pass to the brand’s stock list. From the moment pieces belong to our stock, to recover your order, you have to pay the full amount of the invoice. We don’t garantee that pieces have not been sold meanwhile.
1. MainGUILTY may provide all of the following services for a special fee: Certificate of Origin, Authentication of Invoices, SASO Certificates, Inspections, Storage and Demurrage, Change of Details on Final Invoice. Please contact our staff regarding prices
- Should the article received fail to meet the Buyer’s expectations or appear to have been damaged, photographic evidence supporting the claim should be provided within the first 48 hours after reception. A formal written claim must be sent to MainGUILTY within 30 business days after reception of the articles. The allegation must be sent by e-mail to: firstname.lastname@example.org or the respective sales representative. Upon confirmation of any defect, MainGUILTY makes a commitment to replace the defective part/piece, within a period agreed with the Buyer. The defective part/piece must be received by MainGUILTY in its original package before any replacement can be sent – especially in all cases concerning customized products or new products created to meet contract specifications.
- For all sales made to Russia, and in case of return of merchandise, it is the Buyer’s sole responsibility to get such merchandise to a point of distribution anywhere in the European Union (EU). MainGUILTY will be held responsible for all transportations fees involving the shipping of the returned merchandise from said EU point of distribution to its warehouse in Portugal. MainGUILTY bears responsibility to assure the costs of either the reparation or the replacement of the returned merchandise. MainGUILTY will withstand the shipping fees pertaining the transportation of the repaired/replaced merchandise from MainGUILTY’s warehouse in Portugal to the previously accorded EU point of distribution. All costs associated with getting the repaired/replaced merchandise from said EU point of distribution to Russia will be bore by the Buyer. The return of merchandise will only be accepted after MainGUILTY has received and approved of the photographical evidence of the apparent damage of the goods and the formal written claim previously sent in by the Buyer.
- Every package will come equipped with a TiltWatch that measures the degree of which the package was tilted during transit to the addressee. Excessive tilt, above 30º, is responsibility of the Freight Carrier. The adressee is responsible for opening the package in the moment of the delivery, check the TiltWatch and report it right away in the POD (proof of delivery). Provide photographical evidence and official claim by e-mail to email@example.com or the respective sales representative, within a month of delivery so MainGUILTY can solve the delivery damage claim with the Freight Carrier as well.
- After the response on the behalf of the brand to a client’s complaint, if it doesn’t obtain a response from the client in 20 days, the brand reserves the right to cancel the complaint.
- In accordance to Portuguese and European law we are offering 2 years warranty (Decreto-Lei nº. 67/2003, changed by Decreto-Lei nº. 48/2008) applicable for pieces that are not missed or damaged by proper consumer.
- Do not attempt a return without first having obtained an MainGUILTY written authorization. MainGUILTY will not accept returns without prior written authorization. Returned items must be in their original condition and packaging, and the Buyer shall prepay and be liable for all charges regarding the shipping of returned goods, including insurance. The 50% non-refundable deposit will be kept on all returns of merchandise. Custom items are not returnable under any circumstances.
- Orders are not cancellable nor returnable after 5 working days since the 1st payment of the order. If the order is canceled within the 5 business days allowed, the amount already paid will be credited to the same entity that placed the order.
- Changes in orders, returns or cancellations require prior written approval from MainGUILTY. In every other aspect (delay, client indecision, loss of projects, etc) the amount paid to MainGUILTY will not be refunded or credited as Credit Notes, and the Buyer will lose any right to the merchandise. Such orders will be subject to change, cancellation or stocking fees up to 40% of the net selling price.
- MainGUILTY has the ability to customize existing products or new products to meet contract specifications. These orders will necessitate special pricing based on quantity and features. Please contact MainGUILTY for contract quotes.
- Dealer internet websites may neither advertise, nor in any way, display MainGUILTY name, logo, product images or any other proprietary company emblem or information without prior written consent from the company. Dealer websites may not display pricing lower than MainGUILTY’s MSRP, promotional offers, discounts or value statements (e.g. lowest price in town). Please contact MainGUILTY for further company guidelines on internet usage.
- By filling out any form present on the MainGUILTY website, you are automatically subscribing to our newsletter database. At any moment you can unsubscribe by sending an email to firstname.lastname@example.org
- Standard Product requires a 50% advance payment to start production.
- Custom-made Product requires a 100% advance payment to start production.
- If the order contains pieces considered standard and pieces considered custom-made product, it will be requested 50% of the value of the standard pieces to initiate production. In the case of custom made product, it will be requested 100% of the value to initiate production.
- The production starts only after MainGUILTY has confirmed that the pro-forma invoice is signed/stamped by the Buyer and the advanced payment value has been received. The payment must be made by account transfer (in Euros or US Dollars) and the confirmation (receipt) of the transfer must be sent along with the signed and stamped invoice by (+351 910 116 115) or email (email@example.com).
- The lead time starts counting on the day the order proceeds to production.
- Lead time: 6 – 12 weeks (FOR STANDARD PRODUCTS, DOES NOT INCLUDE SHIPPING TIME, see also LEAD TIMES).
- The remaining amount must be paid until 3 days before the expedition date. MainGUILTY reserves the right to postpone the expedition date until full payment is received and confirmed.
- All products are MainGUILTY’s property until the payment is fully received and confirmed.
- All accounts will only be registered once the first pro-forma is issued. The Buyer has to provide valid company details such as: Billing name, Billing Address, VAT number (company registration number or resale number). TAX exemption for EU companies is valid when existing VAT and correspondent Billing address is presented.
- Floor Samples – Get unmatched savings on discount furniture.
- MainGUILTY brings a collection of floor samples at great value and ready to ship.
- These pieces, in most cases, are used in our design trade shows, showrooms or returned pieces from our clients.
- Due to the handmade nature of all of our products, finishes may vary, and minor imperfections may exist. Quantities are limited and all sales are final.
- You can find some furniture pieces that have been featured in our showrooms and discontinued products as well (every piece functions properly and shows no signs of any mechanical flaw nor functional imperfection);
- Please note that the sale of “floor samples” are final. No returns will be accepted, no other discounts applied and stock is limited to what is available in store.
- Every piece available at Floor Samples is sold as a single unit, there might be the possibility of a piece not being available due to orders being placed simultaneously. If in fact, this type of situation occurs, our team will contact you to give you other solutions.