Terms & Conditions
1. Definitions and Interpretation
In these terms and conditions unless the context otherwise requires:
a. ‘Buyer’ means the person named as the Buyer in the Sales Invoice or Quotation.
b. ‘Gestalt New York’ means Gestalt New York LLC
c. ‘Goods’ means the items and any services provided by Gestalt New York to the Buyer.
d. ‘Quotation’ means the form, lender or quotation submitted by Gestalt New York to the Buyer which is subject to these terms and conditions.
e. The expression ‘Person’ includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.
2. Quotations
a. Quotations are valid for (30) days or such other period as advised by Gestalt New York. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise until the Buyer’s order has been accepted by Gestalt New York in writing.
b. Any special conditions specified as such on a Quotation or Sales invoice shall, to the extent that they are inconsistent with these terms and conditions take precedence over these terms and conditions.
c. Gestalt New York shall not be bound by any condition attached to the Buyer’s order or acceptance of the Quotation unless such conditions are expressly accepted by Gestalt New York in writing to the Buyer.
d. Unless otherwise stated in writing by Gestalt New York, prices quoted exclude export or interstate wrapping and/ or packing, delivery, installation, insurance in transit, crating, handling charges, agents’ charges and any other charges.
e. Photographs, drawings, images and dimensions and any other particulars accompanying, associated with or given in descriptive literature or a catalogue, approximate the goods offered but may be subject to alteration without notice.
f. Any performance data provided by Gestalt New York or our manufacturers is an estimate only and should be construed accordingly.
g. Unless specifically noted, lamps and lighting are not UL certified, and bulbs are not included
3. Terms of Payment
a. Written confirmation with a 50% deposit is required to secure the order and commence production.
b. Final Payment shall be made within 7 days of notification that products are ready for collection or delivery.
c. The Customer agrees and acknowledges that all deliveries require invoice balance paid in full prior to delivery or collection.
d. Payment shall only be recognised after any monies payable have been duly collected by Gestalt New York.
e. Failure to make payment within 30 days of notice of that product is ready for collection/dispatch will be deemed a Buyers Cancellation in accordance with clause 6.
4. Inspection and Acceptance
a. Gestalt New York and their brands reserves the right, without notice, to modify by up to 10%, the design and construction of each product.
b. The Buyer is responsible for inspection of all goods immediately upon delivery. Accepting the goods is an acceptance of the condition in which they are delivered. If the goods are damaged when delivered, by our own carrier, the Buyer must refuse goods.
c. If goods are damaged or incorrect upon delivery by a third party freight carrier, any damage must be noted on the delivery paperwork by the Buyer before signing and accepting the goods. The Buyer must contact Gestalt New York within 24 hours with photos of the product and packaging to file a claim. The 24 hour notice period applies to all deliveries regardless whether the goods are intended for immediate use, or delivered to a location for temporary storage including, but not limited to, storage units, receiving warehouses or construction sites.
d. The Buyer shall within forty-eight hours of delivery give notice to Gestalt New York of any matter or thing in which the Buyer alleges that the goods are not in accordance with the Buyer’s order.
e. Failing such notice and to the extent permitted by statute, the goods and their condition shall be deemed to have been delivered and accepted by the Buyer.
f. Variations will occur in natural products such as stone, timber and leather. No guarantee can be given to exactly replicate the natural features of products displayed on sample furniture, sample materials or online.
g. If goods are damaged or incorrect upon delivery, contact us within 24 hours with photos of the product and packaging to file a claim. If you order was delivered by a freight carrier note any damage on their paperwork and contact us immediately
5. Delivery
a. Upon acceptance of an order, Gestalt New York may confirm the period of shipment or delivery and must notify the Buyer of any variation from the quoted period.
b. A quoted delivery period will only commence on the date the Buyer makes final invoice payment.
c. Gestalt New York may extend the delivery period if any variation is made.
d. Delivery times will be arranged with you once goods are completed. Unless otherwise agreed delivery charges covers a single delivery at ground level during normal weekday delivery hours. Prior to delivery please provide us with full written details of any difficulty to access e.g. stairs, delivery dock, lift etc. We reserve the right to charge additional costs for unusual access not advised in writing.
e. Gestalt New York will not accept any liability or responsibility for indirect losses caused by delays in the delivery of goods.
f. Gestalt New York will not accept any liability or responsibility for indirect losses caused by damage to pre or post assembled items in the delivery of goods.
g. If the goods are ready by the original requested date and the buyer is not ready to receive the goods or due to any act or omission causes delay to the delivery, than in addition to any other rights Gestalt New York may apply storage fees based on the size of the goods
h. Delivery shall be deemed to be made when the Goods are delivered to the place specified in the Quotation or Purchase Order.
i. Gestalt New York reserves the right to make part deliveries of any order and each part delivery shall constitute a separate sale of goods upon these terms and conditions and may be invoiced separately.
j. The Buyer can request part deliveries at additional cost to an additional delivery fee.
k. Shipping Overview
In-stock items ship within 1–2 weeks.
Shipping Rates vary
Smaller items may ship via courier such as FedEx, UPS or USPS
Larger items and furniture orders can be shipped via the following methods; Curbside, Warehouse, Threshold or White Glove delivery.
If an order includes an item being shipped by multiple channels, courier charges are in addition to the Threshold or White Glove delivery
Gestalt New York cannot ship to P.O. boxes or APO (Army Post Office), FPO (Fleet Post Office) or DPO
(Diplomatic Post Office) destinations.
l. Shipping Methods Explanation and Instructions;
Courier Delivery
* Courier: shipping via Fed Ex, UPS or USPS. Smaller items usually ship via courier. Excludes unpacking, assembly, and removal of packing materials.
* Tracking will be provided with an ETA. You will not receive a phone call to schedule a delivery. Please ensure someone will be home or onsite to receive delivery based on the tracking information
* Inspect the package and boxes immediately and report any damages to info@gestaltnewyork.com within 24 hours to file a claim with photos of every face of the box and every sticker/label/barcode stamped on the box
* In the case of damages keep the item and box for at least 7 days so a representative can inspect the claim
Curb-side Delivery
* Curb-side: shipments delivered to the curb address. Excludes unpacking, assembly, and removal of packing materials
* You will be contacted by a third-party delivery service with a delivery window. Please ensure someone will be home or onsite to receive delivery
* Inspect the order upon delivery and note any visible damage, ripped boxes or missing product on the POD before signing
* Inspect the product and report any damages to info@gestaltnewyork.com with photos of the product and boxes/packaging material within 24 hours
* You have the right to refuse and reject delivery of damaged product. Please ensure the POD is marked ‘refused for damages’ and contact us at info@gestaltnewyork.com or 646 389 4177
Warehouse Delivery
* Warehouse: Delivery from our warehouse to your warehouse. Excludes unpacking, assembly, and removal of packing materials.
* Your warehouse is responsible for inspecting the order upon delivery and noting any visible damage, ripped boxes or missing product on the POD before signing
* Your warehouse has the right to refuse and reject delivery of damaged product. Please ensure the POD is marked ‘refused for damages’ and contact us at info@gestaltnewyork.com or call 646 389 4177
* Regardless of their final destination and installation, the product must be inspected and any damages reported to info@gestaltnewyork.com with photos of the product and boxes/packaging within 48 hours of delivery
Threshold Delivery
* Furniture and large items delivered over your threshold. Multi-unit building addresses such as apartment buildings and condos will be left inside building entrance, instead of your door. Excludes unpacking, assembly, and removal of packing materials.
* You will be contacted by a third-party delivery service with a delivery window. Please ensure someone will be home or onsite to receive delivery
* Inspect the order upon delivery and note any visible damage, ripped boxes or missing product on the POD before signing
* Inspect the product and report any damages to info@gestaltnewyork.com with photos of the product and boxes/packaging material within 24 hours
* You have the right to refuse and reject delivery of damaged product. Please ensure the POD is marked ‘refused for damages’ and contact us at info@gestaltnewyork.com or 646 389 4177
White Glove
* White Glove Delivery: Furniture ships with full-service in-home delivery, which includes placement in your home/room of choice, assembly, and removal of packaging/rubbish
* Please advise if COI is required prior to delivery
* You will be contacted by a third-party delivery service with a delivery window. Please ensure someone will be home or onsite to receive delivery
* Inspect the order upon delivery and note any damage, missing or incorrect product on the POD before signing
* You have the right to refuse and reject delivery of damaged product. Please ensure the POD is marked ‘refused for damages’ and contact us at info@gestaltnewyork.com or 646 389 4177
6. Buyer’s Cancellation
Orders can be cancelled within 24 hours of order placement for a full refund. All cancellations after goods have gone into production, be they express or implied shall result in a forfeiture of deposit or if for any reason a deposit has not been received a cancellation fee equal to 50% of the cancelled order will apply and shall be immediately due.
7. Title
Title of the Goods and to each part thereof shall not be transferred to the Buyer until the total purchase price and any other sums due to Gestalt New York under these Terms and Conditions, including any late payment charge payable hereunder has been duly paid.
8. Warranties
a. The warranty period commences when;
i. All goods have been delivered, accepted by the Buyer.
ii. Where required, the installation has been signed off by the Buyer’s representative.
iii. The brands of gestalt New York warrants its products dependent upon furniture type, brand, style and application. The standard warranty on all products is 1 year
b. Warranty periods apply to structural workmanship only and are subject to normal commercial and residential conditions.
c. The warranty does not cover upholstery, (if applicable to the item). A separate warranty should be obtained from the textile supplier.
d. For a warranty query, a Gestalt New York representative will conduct an inspection of any item questioned within the warranty period to assess the nature and grounds of fault. Any items that have been vandalised, misused, stolen, altered, placed in extreme UV environments or normal wear and tear will not be covered by the warranty.
e. Gestalt New York will repair or replace with a comparable product any product, or component which has failed within the warranty period. This warranty extends only to the original purchaser. Natural variations occurring in wood, marble and leather are not considered defects. Gestalt New York does not warrant the colourfastness or matching of colours, grains or textures of these natural materials or textiles.
f. To the extent allowed by law any implied warranties including any warranty of merchantability or fitness for a particular purpose are limited. Gestalt New York shall not be liable for loss of time, inconvenience, commercial loss, incidental or consequential damages.
g. The Buyer may be required to supply a proof of purchase. This is at Gestalt New York’s discretion.
9. Default of Buyer
In the event that the Buyer defaults any obligations under this Agreement, then in addition to any other payment obligations at law or applicable hereunder the Buyer agrees to pay to Gestalt New York all costs and expenses including reasonable legal fees and costs incurred by Gestalt New York in exercising any of its rights and remedies.
10. Copyright of Design
Any images, design, drawing, investigations, bills of material, software and general material, etc. carried out by Gestalt New York specifically associated with the subject of the quotation and displayed on the Gestalt New York website and social media channels remains the intellectual property of Gestalt New York and can not be reused without written consent of Gestalt New York management.
11. Work Site Conditions
a. Access: The Buyer undertakes to provide access to the site as necessary within good time.
b. Gestalt New York is to give reasonable notice of time of commencement on site.
c. Gestalt New York is to advise immediately of any problems with access to the site.
d. If at its sole discretion Gestalt New York deem the site to be in anyway unsafe, Gestalt New York reserves the right to absolve from delivery and the provisions of this agreement in relation to Delivery and Title shall prevail.
12. Force Majeure
If in the performance or observance of its obligations Gestalt New York is prevented, restricted or affected by reason of a force majeure including strike, lock out, industrial dispute, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond reasonable control of Gestalt New York and their brands, Gestalt New York may in its absolute discretion give prompt notice of such cause to the Buyer whereupon Gestalt New York is excused from such performance or observances to the extent of such prevention, restriction or affection.
13. Governing Law
These terms and conditions and any contract including them shall be governed by the law of New York State.
14. Return Policy
a) Made to order, custom orders and samples sold “as is” are considered final sales and are non-cancellable, non-returnable, non-exchangeable and non-refundable.
b) Any returns or exchanges must be agreed to by Gestalt New York in writing and may incur a restocking fee at the discretion of Gestalt New York. Delivery fees are not refundable
c). Gestalt New York does not cover transport or freight costs incurred with the return of any items.
d). Items specified for return must be itemised and submitted for Gestalt New York to approve the identity of the items.
15. Product Care
a) Gestalt New York recommends the following product care to maintain your furniture to its optimum level:
i. Dusting furniture before cleaning.
ii. Soapy water for wiping surfaces.
iii. No harsh chemicals (i.e. acetone).
iv. A clean soft cotton cloth for wiping.
v. Protection from direct sunlight for long periods of time.
vi. Do not use wax products.
vii. Do not expose surfaces to excessive quantities of liquids or moisture which may absorb into the wood. This may result in movements of the wood, change in form, cracking or mould.
viii. A small amount of natural movement of the wood is expected as it adapts to the conditions of your home, due to variations in humidity.
ix. A separate warranty relative to the individual fabric can be obtained from the upholstery supplier.
x. Gestalt New York recommends regularly vacuuming upholstery with soft brush attachments
xi. Leather products can be treated with conditioners and cleaners, ensuring strict accordance with cleaning manufacturer's instructions.
b) Please contact a Gestalt New York representative for specific care instructions relating to a particular product or material
Gestalt New York LLC
614 Warren St, Hudson NY 12534