NEW ACCOUNTS: Credit terms are extended to new customers upon approval by Caracole’s finance department in its discretion and on a case-by-case basis. A signed credit application is required. Please contact the Caracole credit department or your sales representative to obtain and submit a credit application.

RETURN AUTHORIZATION: Caracole’s Customer Service Department assists customers with the safe return of products for which returns are authorized. An approved return authorization (“RA”) number issued by customer service is required for any returns. Unauthorized returns will not be accepted. Returns for merchandise ordered in error by the customer are not permitted. Authorized returns must be sent back to Caracole within 30 days of the date Caracole provides the RA number. This authorization will include a specific carrier, which must be used for the return. Caracole will not be responsible for freight charges from an unauthorized carrier. Merchandise must be properly cartoned and/or packaged for returns, or credit will not be given.

CANCELLATIONS: Order cancellations are not permitted; however, requests for order changes will be considered in Caracole’s discretion, provided such requests are received by Caracole before the order is released to the warehouse for shipment.

CLAIMS: Notify the Caracole Customer Service Department within ten (10) days of receiving your order if shipment damage occurred in transit. Shipping and handling, delivery, and similar fees (including related sales taxes) (collectively “Handling Fees”) are not refundable. You are responsible for products until the Company receives them. You may be charged shipping and handling or a 25% restocking fee to return products as determined by Caracole in its sole discretion. Report concealed damage claims within fifteen (15) days of receipt. Failure to keep the packaging may result in claim denial. If denied, full credit will not be issued. If the product has salvage value, as determined by Caracole in its sole discretion, an RA will be issued within ten (10) working days, and the product must be returned in its original packaging within ten (10) days. Inadequate packing may affect the issuance of full credit. Full credit, less any Handling Fees, will be given for damaged products received in the described condition within ten (10) working days. A customer must submit a warranty claim within the prescribed warranty period to the dealer from which the product was purchased. Claims for shortages must be made within fifteen (15) days from receipt of shipment regardless of carrier method. Claims will not be honored if the bill of lading was signed without exception noted. THIS CLAIMS POLICY IS NOT A WARRANTY. PLEASE SEE SEPARATE WARRANTY LIMITATIONS AND EXCLUSIONS POLICY FOR FURTHER INFORMATION ON WARRANTIES.

FREIGHT: Contact your Caracole sales representative for details on Caracole’s freight program.

PRICING: Caracole’s published prices are subject to change without notice. Advertised prices are in U.S. dollars and exclude shipping, handling, and taxes unless otherwise noted. You are responsible for paying all taxes associated with your order. Payment is due at the time stated in your invoice or when product is shipped unless otherwise stated. Amounts not paid when due bear interest at the rate of 1.5 percent per month (1.5%) or the highest rate allowed under applicable law, whichever is lower. The dealer must make claims for any invoicing discrepancies within thirty (30) days of receipt of merchandise.

LIABILITY: Caracole is not responsible for charges related to repairing or replacing damaged or defective merchandise unless approved in advance by Caracole’s Customer Service Department. The customer is responsible for paying all shipping costs, any loss or damage to the product during shipping, and any other taxes, fees, or charges associated with transporting the product unless otherwise approved in advance by Caracole’s Customer Service Department.

ARBITRATION: Except for small claims actions, which may be brought by you or Caracole, you agree to binding individual arbitration before the American Arbitration Association, which shall be governed by the Federal Arbitration Act. You acknowledge and agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class or representative basis. No proceedings may be combined without the consent of all parties.

INCORPORATION: Caracole’s Privacy Policy, and the additional terms and conditions of its Warranty Limitations and Exclusions, are hereby incorporated by reference as if fully set forth herein. If any terms of the Privacy Policy or the Warranty Limitations and Exclusions conflict with these Standard Terms & Conditions of Sale, the specific provisions of the Privacy Policy or the Warranty Limitations and Exclusions, as applicable, shall control.

PRIVACY POLICY

This Statement of Privacy applies to the Caracole website and governs data collection and usage. By using the Caracole website, you consent to the data practices described in this statement.

Caracole LLC, and its parent company, Vivet Inc. (“the company” “we” or “us”), respects your privacy and is committed to its protection through our compliance with this privacy policy (“policy” or “privacy statement”). This policy describes the types of information we may collect from you or that you may provide when you visit our websites. It discloses our information gathering and dissemination practices and your rights and choices with regards to information we collect.

Personal information we collect and how we collect it: “Personal information” is data that can be used to uniquely identify or contact a single person. When you visit the Site or interact with our Services, you may provide us with two types of information: personal information you voluntarily submit, and information that we automatically collect as you browse the Site.

1) Information You Voluntarily Submit:

We collect and store any information you enter on the Site, or provide to us in offline contacts we have with you through the Services. We collect information from you in the following areas:

• REGISTRATION FORMS - We may collect personal information when you register for services on the Site. For example, if you register on the Site for an account/access to our services, we will generally ask you to provide contact information. Contact information may include your name, business address, email address, phone number, etc. Information required for any purchase may include card/bank account number, billing information, purchase date, name, city, state and zip code. You may, however, browse the Site without registering.

• OTHER OFFLINE INTERACTIONS – If you attend a furniture show, event or showroom visit, we may collect certain business information from you including your business contact information.

2) Information Collected and Stored Automatically and Technologies We Use to Collect It.  

As you navigate and interact with the Site, you and your Web browser may also transmit information that we automatically collect. We may log your IP address (the Internet address of your computer), the Web pages you visit and the time of your visit, click path taken through the Site, and your usage of features on the Site. Other information automatically provided to us by your Web browser is the type of computer, operating system and browser you are using. This information helps us manage, improve and customize the Site. This information (also called “traffic data”) is generally non-identifying, but if we associate it with you as an identifiable person, we will treat it as personal information. 

Technologies we use on the Site to collect traffic data, directly or through our service providers, may include cookies (data files placed on your computer or other devices used to access the Site) and analytics software. We improve our products and advertising by using Google Analytics and Microsoft Clarity to see how you use our website. By using our site, you agree that we can collect and use this data. Google Analytics is a web analytics service provided by Google, Inc., and Microsoft Clarity is by Microsoft Corporation, Inc., that helps capture how you use and interact with our website through behavioral metrics and heatmaps in order to improve and market our products/service. The tools may use first-party and third-party cookies to track website usage. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google in aggregate form. Google uses this aggregated information on our behalf in order to evaluate use of the Site, compile reports on Site activity and other services relating to Site activity and usage. You can learn more about Google Analytics and how to opt out here: https://tools.google.com/dlpage/gaoptout. To learn how you may be able to reduce the number of cookies you receive from us or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions related to your browser. For more information about how Microsoft collects and uses your data, visit the https://privacy.microsoft.com/privacystatement.

How we use the information we collect:

The information we learn from visitors and customers helps us continually improve your shopping experience on the Site. The information we collect helps us meet this goal by allowing us to:

• Customize, analyze and improve our products, services (including the content on our website), technologies, communications and relationship with you

• Confirm, process, fulfill, and track your orders

• Respond to your customer service inquiries or requests

• Serve you targeted advertising

• Contact you if you have requested communication from us

• Prevent or mitigate fraud and credit risk

• Protect the security or integrity of our website(s), our business(es), or our products

• Enforce our conditions of sale, website terms and/or separate contracts (if applicable) with you

• Prevent fraud and other prohibited or illegal activities

Targeted Email Marketing:

When you use our websites, you are communicating with Vivet Inc. and its brands of Caracole, A.R.T., Jonathan Charles, and Rowe. If you provide your email to us, you agree to receive electronic communications related to the purpose for which you provided the email. We may communicate with you by email or by posting notices on our websites. You agree that all such communications meet any legal rule that those communications be in writing.

Third-party Websites:

The Website may contain links to, or plugins or widgets from, social media or other sites operated and maintained by third parties, over which we have no control. Privacy practices on such sites may be different from our privacy policy. Similarly, the Website may be accessed and used from third-party sites that we do not control. The information we collect is covered by this privacy policy, and the information a third-party site or platform collects is subject to the third-party site or platform’s privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our website and applications. We encourage you to consult the privacy policies that govern such sites before using them.

Copyright Information

The copyright in all material provided on our websites is held by the Company, or by the original creator of the material. Except as stated herein, none of the material may be copied. reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the Company or the copyright owner.

Security of Personal Information

The company uses commercially reasonable efforts to secure your personal information from unauthorized access, use or disclosure. The company secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to This Privacy Statement

The company will occasionally update this Statement of Privacy to reflect company and customer feedback. We encourage you to periodically review this Statement to be informed of how the Company is protecting your information.

How to contact us

Feel free to contact us with any questions about our Privacy Policy. General email inquiries: info@houseofmarkor.com Mailing Address: 1150 Pleasant Ridge Rd Suite A, Greensboro, NC 27409.

Residential Furniture Warranties

Vivet Inc., the parent company, manufacturer and distributor of Caracole® products (the “Company”), warrants its case goods and upholstered furniture products to be reasonably free from defects in materials and workmanship as set forth below and as may be more specifically set forth in the manufacturer’s warranty information accompanying each of the Company’s products. The Company only warrants its products when purchased from an authorized dealer. The Company’s warranties are limited as set forth on the manufacturer’s warranty information accompanying each product and as described below.

WARANTY LIMITATIONS AND EXCLUSIONS
Any and all implied warranties, including warranties of merchantability and fitness for a particular purpose, are limited to the duration of the express warranty applicable to the particular product, and to the particular portion or part of the product in question. The warranty set forth is exclusive and in lieu of all others, oral or written, express or implied. In no event will the company be liable for any damages, including incidental or consequential damages, arising out of the use of, or inability to use, a product.

Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply in such jurisdictions but shall otherwise apply in all such instances where permitted by law.

No other express warranty has been made or will be made on behalf of the company with respect to the furniture and its parts, or the operation, repair, or replacement of the furniture and its parts. Furthermore, no representative of the company or its dealers is authorized to make any changes to the limited warranties.

1. The warranty is void if the Company’s product is modified or altered in any way after shipment by the Company.
2. The warranty is void if any aftermarket protective treatments are applied to the Company’s product after the original factory packaging has been opened. Reupholstering the product frames voids all warranties due to the possibility that the internal structure could be compromised during the recovering process. Natural variations in color, texture, physical distressing and other inherent features of manufactured wood furniture, as well as components characteristics, are not considered defects.
3. The Company reserves the right to modify a product from its original form displayed on showroom floors or in catalogs. Such modifications are not considered defects under the warranty.
4. The warranty applies under conditions of normal residential usage. It does not apply to defects or damage resulting from negligence, abuse or misuse – including but not limited to inadequate or improper maintenance, exposure to water, salt air, chemicals, accidents, any use for which the product was not designed, or commercial use (including rental, business, commercial, institutional or any non-residential use), nor does it cover ordinary wear-and-tear.
5. Because of the natural materials used in the manufacturing process, and the fact that the Company’s products are generally handmade, minor variations will occur from piece to piece. These are not considered defects under the warranty.
6. Stone and marble contain vein-lines, hairline fissures, pores and color variations that are natural characteristics and are not considered defects under the warranty. Because stone is porous, spills allowed to seep in may not be removable. Use coasters or a tablecloth to protect from spills or sweat rings. Wipe any spills immediately.
7. Full-grain leather is a natural product. The wrinkles, skin folds and scars are authentic and a natural part of the leather. These characteristics enhance the beauty and quality of the hides and are not considered defects. For daily dustings, use dry, clean, cotton cloths.
8. Sunlight will cause wood, finishing materials, and fabrics to change color – these changes are not considered defects under the warranty.
9. Extremes in temperature and humidity can cause both wood and finishing materials to shrink, swell, warp, split, and glue seams to fail. These conditions are not considered defects under this warranty.
10. Rubber lamp bases, lamp cords and some types of plastic materials may soften and injure the finish if left in direct contact with the furniture for an extended period of time. Such damage is not considered a defect under the warranty. To avoid this, place a piece of felt or leather under these materials where they contact the furniture.
11. Direct contact with petrochemical products, (nail polish remover, alcohol, etc.) will damage the finish – such damage is not considered a defect under the warranty. Wipe up any spills or dampness on your furniture immediately. Use a clean cloth and wipe with the grain of the wood. First, wipe with a soft cloth dipped in a mild soap and water solution and wrung out; wipe again with a second clean cloth; then dry thoroughly with a third cloth.
12. Woven materials, including but not limited to wicker, sea grass, and other similar materials, are comprised of individual strands that can move causing unfinished areas to show under the strands or the finish to slightly peel where it bridges between strands. These characteristics are not considered defects under the warranty. Clean the frames of your natural fiber furniture by dusting or vacuuming; sponge spills with mild soap and water, rinse and wipe dry.
13. The Company’s products are not designed for outdoor use. There may be images in catalogs that display items in an outdoor setting. This is for display purposes only and not an indication that the product is suitable for outdoor use. Damage due to exposure to outdoor elements is not considered a defect under the warranty.
14. Neither this nor any other warranty, express or implied, is offered by the Company for any electrical devices, including but not limited to lighting fixtures, surge protectors, or computer, electronic or multi-media management devices that may be included with a product.
15. The Company strives to provide an accurate representation of the finishes, fabrics, and materials displayed in its catalogs and on our website; however, due to changes in lighting and a wide variety of resolution qualities on different computer monitors and printers, some color variation is possible. To determine the exact color of a finish, fabric or material, we suggest that you contact the dealer or the Company for a sample.
16. This warranty does not cover floor samples or other products designated “as is” or “final sale” at time of purchase.

CASE GOODS LIMITED WARRANTY
Case Goods – Limited One (1) Year Warranty
Subject to the limitations and exclusions described herein, the Company warrants its products to be reasonably free from defects in material and workmanship for a term of one (1) year from the date of purchase from an authorized dealer by the original purchaser.

• Finish Information: The Company’s products are offered in a variety of finishes. Each piece is finished by hand and involves a variety of steps. While we strive to replicate each finish to a standard, each piece will be truly unique due to the individual attention each order receives. This is a result of the varying application techniques that are hand crafted. Other variations in wood such as species, grain and color have their own impact of the final look of your finished frame. Because the finishing process is completed on demand, it is preferable to finish at the same time to match a finish between pieces. Striping or accenting is available on certain items. This is a labor-intensive manual process, and the look will vary from piece to piece.
• Silver Leaf application is by hand and can contain some slight wrinkling and variations. These conditions are not considered defects.

UPHOLSTERED PRODUCTS LIMITED WARRANTY
Frame – Limited Five (5) Year Warranty
Subject to the limitations and exclusions described herein, the upholstery frame is warranted by the Company against defects in materials and workmanship for a period of five (5) years from the date of purchase from an authorized dealer by the original purchaser, as long as it remains upholstered in the original fabric or leather, and is used under normal conditions.

Spring System – Limited Three (3) Year Warranty
Subject to the limitations and exclusions described herein, the spring system in the upholstery frame is warranted by the Company against defects in materials and workmanship for a period of three (3) years from the date of purchase from an authorized dealer by the original purchaser, as long as it remains upholstered in the original fabric or leather and is used under normal conditions.

Cushions – Limited One (1) Year Warranty
The Company uses premium high-resiliency cushioning materials in its four types of cushion construction. These include a very structured standard poly-fiber cushion; high-feather content with a soft relaxed down cushion; medium-feather content with a relaxed top and more structured cushion, and a spring down cushion with a structured feather top and inner coil spring support. Subject to the limitations and exclusions described herein, cushions are warranted by the Company against the abnormal loss of resiliency for a period of one (1) year from the date of purchase from an authorized dealer by the original purchaser, as long as the cushion is used under normal conditions. Abnormal wear and loss of resiliency should not be confused with flattening of the foam, feathers, and fibers, which are considered normal wear and are not considered defects under this warranty.

Fabric and Leather – Limited One (1) Year Warranty
Subject to the limitations and exclusions described herein, fabric and leather coverings, (excluding customer’s own material), are warranted by the Company to be reasonably free of manufacturing defects for a period of one (1) year from the date of purchase from an authorized dealer by the original purchaser against seam slippage, mis-weaves, breakdown, shrinkage, loss of nap, and dye transfer as long as the upholstered furniture is used under normal conditions.

• Pile Fabrics consist of velvets and chenille’s. Irregular surface appearance is normal and should not be considered faulty or defective. Pile distortion may occur when the fabric is flattened or crushed, altering and amplifying the angle of light reflection and resulting in a more dramatic contrast between light and dark on the fabric surface. Due to the nature of how velvets are woven and cut, expect some pile crushing as well as matting when selecting this type of fabric.
• Dye-lot Variations in color will occur not only between rolls, but often within the roll itself. A commercial match refers to a dye-lot variation that is considered acceptable to a production standard. Thus, a 10% shade variation is acceptable. Shade variations can also be expected in leathers, not only between individual hides, but on the individual hide itself.

WARRANTY CLAIMS PROCEDURE

1. All claims that a Company product fails to comply with an express limited warranty described above (a “warranty claim”) must be communicated by the customer to the authorized dealer from which the product was purchased. The dealer then will collect the warranty claim information outlined in this procedure and submit the warranty claim to the Company for resolution. In the event the dealer from which the product was purchased is inaccessible, a customer may submit the required warranty claim information directly to the Company by email to claims@vivet.com. Claims originating outside the continental United States and not submitted through an authorized dealer may be submitted by email to intlclaims@vivet.com. Alternatively, a warranty claim may be submitted by a customer by mailing the required supporting information to Claims Department, Vivet Inc., 1150 Pleasant Ridge Road, Suite A, Greensboro, NC 27409.
2. All warranty claims must be accompanied by the following information (which is itemized on a warranty claim form provided by the dealer):
   a. customer’s name and address;
   b. a copy of the dealer’s sales invoice;
   c. copies of manufacturer’s QC label and production/SKU label;
   d. brief description of the defect or damage;
   e. a photograph (or if more appropriate, a video) of the defect or damage and, if relevant, a photograph of the shipping carton.
3. The Company shall determine in its sole discretion whether to allow or deny a warranty claim. Any warranty claims not accompanied by the required supporting information may be denied for failure to provide the required background information.
4. If a warranty claim is allowed, the Company in its sole discretion will decide whether to replace or repair the product.
5. If the product will be repaired, repair instructions along with necessary parts will be shipped to the dealer and the dealer or a qualified third party will undertake the repairs.
6. If the product is to be replaced, the Company will ship the replacement product to the dealer which will arrange for delivery to the customer and pick up the defective product.
7. A customer may request that the product subject to a warranty claim be replaced as opposed to being repaired. The Company will send a replacement product after the original product determined by the Company to be defective is donated to a tax-deductible charity of the customer’s choice. The customer must receive approval from the Company PRIOR to donating the item to charity and upon receipt of the proof of donation slip, the Company will ship the replacement product.

DEALER RESPONSIBILITIES

1. A customer must submit a warranty claim within the prescribed warranty period to the dealer from which the product was purchased.
2. The dealer will complete the warranty claim supporting information form and assist the customer in assembling the required supporting information.
3. The dealer will submit the warranty claim to the Company on behalf of the customer; and subsequently, the dealer will inform the customer as to whether the warranty claim is allowed or rejected, and if allowed, the manner in which the claim will be resolved.
4. In the event the dealer determines that a product has been damaged during shipment to the dealer or delivery to the customer, the dealer will assist the customer in preparing and filing an appropriate freight damage claim. Damage to products which occurred during shipment or delivery is not a matter covered by the Company’s limited product warranty.