TERMS OF SALE
The following Terms and Conditions of Sale govern the sale of services and merchandise by Luca Casa to you through the www.lucacasa.com Site and through our Interior Design Service. The Terms and Conditions listed herein are applicable towards all domestic and international sales and accounts. Your use of the www.lucacasa.com Site and your use of our Interior Design Service to purchase services and merchandise declares your agreement to follow and to be bound by these Terms and Conditions of Sale.
PRODUCTS & ORDERS
Every order is subject to an order confirmation from Luca Casa. Please note the merchandise arranged on the Site or in the material we present by email may be discontinued or depleted of its stock and availability can not be guaranteed. While we make our best attempts to display the style, colors and materials of products with accuracy, the actual style, colors and materials you see will depend on your monitor and may not be accurate. All products presented on the Site or in the material we present may only be relied upon as reference and the actual product's style, colors and materials may vary in person.
Client fully acknowledges, accepts and agrees that immediately upon Client's verbal or written approval of any Luca Casa design, Luca Casa will promptly place orders with vendors to ensure that all approved items are purchased and shipped to Luca Casa's designated receiving warehouse. Luca Casa does not disclose its warehouse locations to its clients for any reason due to security and proprietary purposes. Client shall pay all applicable phase deposits towards any and all approved items upon receipt or as otherwise stated in any Luca Casa invoice.
Luca Casa will be responsible for handling all purchases related to every interior design project for all articles sourced and selected by Luca Casa or by Client. Therefore, the following interior design project merchandise to be solely purchased by Luca Casa for any Client’s Project may include the following indoor and outdoor articles, but may not be limited to the undermentioned: Custom Indoor and Outdoor Furniture, Indoor and Outdoor Furniture (non-custom), Custom Cabinetry, Lighting and Bulbs, Rug and Rug Pad, Wall Art and Wall Decor, Wall Sculpture, Plants (faux and realistic), Botanicals (faux and realistic), Planters and Troughs, Mattresses and Mattress Foundations, Games and Gifts, Housekeeping Articles, Fabrics and Textiles, Leathers and Materials, Curtains and Draperies, Window Treatment Hardware, Curtain Hardware, Window Shades and Blinds, Window Shutters, Live and Manufactured Stone, Countertop Materials, Bathroom Faucets and Fixtures, Sinks and Vanities, Toilets and Bidets, Bathtubs, Kitchen Faucets and Fixtures, Gym Equipment, Flooring Material, Tiles, Backsplashes, Wallpaper and Wallcoverings, Indoor and Outdoor Fireplaces and Firepits, and Home Decor (mirrors and medicine cabinets, pillows, blankets and throws, comforters, sculptures, objects, bowls, vases, vase filler, fountains and pedestals, books, bedding, baskets and hampers, bottles and jars, bowls and boxes, candle holders, office decor, picture frames, trays, bathroom accessories, towels and bath mats, kitchen accessories and linens, kitchen gadgets and utensils, kitchen and countertop organization articles, cutlery, drinkware and dinnerware, serveware, drinkware, bar and wine essentials, silverware, flatware, table linens, dining accessories, cookware, small and large appliances, audio and television electronics, holiday decor, soaps and lotions, scents, home fragrance, everyday organizational articles, cabinetry hardware, outdoor furniture covers, umbrellas, etc.).
Promptly after a project launches and enters into either the floor plan phase or the budget phase, Luca Casa will collect a minimum required amount at 50% of the total value of the estimated project budget, also known as the “merchandise spend” amount reflected in the executed contract. While a 50% deposit is acceptable as a minimum required payment toward the total value of an agreed upon merchandise spend, Luca Casa recommends payment in the full amount toward the total value of the estimated budget or merchandise spend for a more streamlined process. Payment toward such phase deposit(s) or invoice(s) are due within two (2) business days from the date of the phase deposit, pro forma invoice, invoice, or associated form. Failure to remit any minimum payment(s) will result in applicable late fees, the possible pausing of a project, and may incur any remaining project design service fee balance to become due in full, and to be paid to Luca Casa within two (2) business days from the date of invoice. It is up to Luca Casa’s sole discretion on when it is necessary to collect such funds in either phase mentioned above.
PRICING ON DOMESTIC SALES
WITHIN THE UNITED STATES
All prices on our quotations, invoices, and on this Site are in US Dollars. On occasion, prices may change without notice. The total amount due on an order shipping within the United States is inclusive of sales tax. Sales tax is applied in accordance with applicable state and local regulations based on your shipping address. Any applicable sales tax amount is indicated on the payment page of the cart or at the bottom of a quotation or invoice. Various factors may determine the total sales tax charged on your order such as the type of item purchased, sales price, and destination of the delivery. The sales tax assessed on an order may change at any time from the time you place an order and the time of credit card charge authorization, which may affect the calculation of sales taxes. The total amount appearing on your payment page of the checkout process may differ from the final sales tax charged as indicated in the order confirmation or invoice you will receive after placing your online order with www.lucacasa.com. For onsite interior design installations, all applicable merchandise ships directly to Luca Casa’s receiving warehouse where the merchandise is received, inspected, and prepared for delivery on the day of installation. White glove delivery rates vary and are dependent upon the size of deliveries. All fees associated with warehouse storage and white glove delivery are the Client’s responsibility and not the responsibility of Luca Casa. Client shall pay for all merchandise, warehouse storage fees, delivery fees, and any ancillary fees related to the project prior to a delivery or installation.
PRICING ON INTERNATIONAL SALES
OUTSIDE THE UNITED STATES
All prices on our quotations, invoices, and on this Site are in US Dollars. On occasion, prices may change without notice. The total amount due on an order shipping outside the United States is not inclusive of any customs, duties, taxes or brokerage fees. All of these fees are considered your responsibility. The total cost for transportation is calculated during the time your order is processed. These transportation fees include the cost for shipping, the cost for fuel surcharges, and the cost to fully insure your order being shipped. Once we have concluded the cost associated with shipping your order to its destination, we will email you an invoice reflecting the final total including the transportation costs. As mentioned, this final invoice will include the transportation costs but is not inclusive of any customs, duties, taxes, or brokerage fees unless otherwise stated. The total amount appearing on your payment page of the checkout process will differ from the final amount charged as indicated in the order confirmation or invoice you will receive after placing your online order with www.lucacasa.com. We will proceed with processing your order for international shipment only after we have received your emailed approval for the final total amount as reflected in your final invoice.
DELIVERY FOR DOMESTIC & INTERNATIONAL ORDERS
You are responsible for the shipping costs associated with the delivery of the products you purchase through our Interior Design Service and on the www.lucacasa.com Site as specified on your order confirmation. As with any shipment, risks of loss and damage can occur to the product(s) being shipped at any time during transit. While these unfortunate scenarios are out of our control, we will be there to assist you in the event of any loss or damage associated with your order, granted that you provide us with prompt notification of no longer than forty-eight (48) hours after receipt of a damaged item and no longer than forty-eight (48) hours after receipt of notification from the courier regarding the loss of a package. Once an order has been processed for shipment, it is to be considered as shipped. Clients and its agents or representatives are prohibited from accessing our warehouse locations and are prohibited from being on-site at any point of time during any of our interior design installations in accordance with the terms found in our Project Timeline and we are unable to make any exceptions to this policy. Luca Casa will not distribute or provide any individual order status or tracking information for any merchandise ordered under our interior design services or interior design turnkey projects.
All merchandise ordered and processed through our “Estimated Budget & Spend Approval Form” distributed under our interior design services will ship directly to our warehouse. Once all merchandise listed within an approved “Estimated Budget & Spend Approval Form” reaches our warehouse, we will then issue any final invoices to be paid prior to our installation so that we may schedule our delivery and installation of all items together. Luca Casa is not able to offer partial deliveries for any interior design project in order to comply with our company policy of providing one final, completed design across a single installation. One single installation may run the course of several back-to-back days and is dependent upon the size of the installation. Luca Casa will not be responsible for any associated hotel or housing fees incurred by a Client in order for the duration of our installation to be completed. Due to our company policy, liability, and insurance purposes, Clients and its agents or representatives are required to remain off-site during the entirety of our installations. After our installation is completed, you will be able to return to your property to enjoy our stunning design.
Quoted delivery dates are approximate dates only. We shall not be responsible for any delay in delivery or failure in performance for any cause beyond our reasonable control (including but not limited to labor disputes, failure or delay of sources to supply, transportation difficulties, accidents, fires, or acts of God) or any event which interferes with our normal business operations or service.
Any Merchandise not accepted for delivery within thirty (30) days after notification is subject to storage charges as determined by us. You will bear the risk of loss or damage during such transfer and storage.
Please refer to our Delivery & Shipping Policy located in our Customer Care section, which both form a constitutive part of these Terms and Conditions of Sale. Additional instructions can also be found here regarding the appropriate steps to take in the event of a lost package or the receipt of a damaged item.
RETURNS AND REFUNDS
Please refer to our Returns Policy and our Payment Policy in our Customer Care section, which both form a constitutive part of these Terms and Conditions of Sale.
Invoicing and Payment
All of our invoices are payable upon receipt and are due within two (2) business days from the issue date reflected on all invoices, pro forma invoices, and balance invoices, unless otherwise noted or instructed. Failure to render payment in a timely manner will result in an immediate ceasing of work. A resumption of work will begin upon receipt of the outstanding payment. In the event of any delays such as permits, design changes, or outstanding payments, Luca Casa will not be held responsible for the loss of any contractors or sub-contractors and/or their refusal to return to the Project.
After full completion of the entire design and procurement process, where all item selections are finalized from an approved, signed-off Budget & Spend Approval Form, one final Luca Casa invoice for all purchases, broken down by room or area, will be provided by Luca Casa upon request of Client. Luca Casa will only provide one final Luca Casa invoice document at the project's completion stage, reflecting a per room subtotal cost summary due to our per room or per area package pricing structure, only after a project is determined to be completed by Luca Casa and prior to the scheduling of our delivery or interior design installation. Throughout any interior design project, Luca Casa may continue to periodically issue Merchandise Order Summary Forms, Budget & Spend Approval Forms, and Phase Deposit or Phase Installment payment requests as pertaining to any applicable item(s) processing or ordering within its design and procurement process. Any remaining payment due towards an invoice or a final balance invoice must be rendered and received by Luca Casa's bank prior to our interior design installation of any furniture, decorative item, fixtures, or any article or item pertaining to the project.
Any amounts owed by you to us that are not paid when due are subject to an interest charge computed at a monthly rate equal to ten (10%) percent (or the highest percentage rate permitted by law, if lower). In addition, we may suspend our services to you and/or withhold any item of Merchandise until payment has been made in full. You will be liable for all costs (including reasonable attorneys’ fees and related costs) incurred by using the collection of any amounts due to us by you. By paying any proposal or invoice, you are accepting our services and agreeing that such payment is non-cancellable and non-refundable. Please note that all Designer compensation, including but not limited to our Design Fee, Purchasing Fee, Project Administration Fee and Hourly Rates, and all Reimbursable Expenses are subject to applicable state and local sales and excise tax (and similar taxes) and you agree to pay these fees and taxes.
During or after any part of Luca Casa’s ordering or procurement process, if a client chooses to request to order any add on items or to order any additional items that are not part of a final cost summary or final cost summary form, this request will only be honored and granted if the client’s account is first current and paid in full for all design services, merchandise, delivery and installation services, and all project-related costs. Luca Casa will then proceed with ordering any requested add on items outside of what’s reflected on a final cost summary form only after a client’s account is paid in full and brought current with a zero-balance owed to Luca Casa. Once a client’s account is current and paid in full where a zero balance is confirmed by Luca Casa, a new invoice will then be provided to the client where payment in full towards any newly total invoiced amount will be required in full, in order to formally process and procure any new add on items or to obtain any new services. If a client makes any additional payment or payments towards their account, any and all payments issued to Luca Casa will be applied immediately towards the client’s account balance in order to satisfy any remaining amount or balance due towards the client’s account or final bill for any services or merchandise. These payments are non-cancellable and non-refundable.
We may include one revision with all our deliverables for your project, if stated on our proposals and contracts. If one revision is included in our contract, then all additional revisions will be billed to you as the client across our hourly rate amount reflected in our contract. Clients are solely responsible for all charges associated with all revisions, whether they are specifically requested by the client or were determined necessary and needed by Luca Casa during the organic design process in order to make progress towards the design process or to achieve the final design. Any additional revisions performed will be billed to you as the client across our hourly rate reflected on our contract. This policy, like all our policies outlined in our terms and conditions, is non-negotiable and will be determined by Luca Casa Interior Design based on the number of revisions performed. Any invoice issued for additional revisions is to be paid in full upon receipt of invoice and within two (2) business days of the date reflected on the invoice.
Client site visits, also known as on-site, on site, and onsite visits may include a certain number of visits for your project, if stated on our proposals and contracts. If additional site visits beyond the contractual agreement are necessary, then all additional site visits will be billed to you as the client across our hourly rate amount reflected in our contract. Clients are solely responsible for all charges associated with all site visits, whether they are specifically requested by the client or were determined necessary and needed by Luca Casa Interior Design during the organic design process in order to make progress towards the design process or to achieve the final design. Site visits consist of visits made to the property being designed, a visit to any office, store, showroom, alternative job location, or location related to the project, and so on. Each site visit performed only includes up to three (3) maximum hours of time. Any additional time spent will be billed to you as the client across our hourly rate reflected in our contract. Additional site visits will be billed to you as the client across our minimum site visit purchase package for your project. This minimum site visit purchase package amount is non-negotiable and will be determined by Luca Casa based on the scale and size of your project and is to be paid in full upon receipt of invoice and within two (2) business days of the date reflected on the invoice. Any unused site visits are non-refundable and will be absorbed into Luca Casa’s total design service fees earned for its overall work performed on the project.
We may include a certain number of communication hours for your project, if stated on our proposals and contracts. If additional communication hours beyond the contractual agreement are necessary, then all additional communication hours will be billed to you as the client across our hourly rate amount reflected in our contract. Clients are solely responsible for all charges associated with all communication time, whether they are specifically requested by the client or were determined necessary and needed by Luca Casa Interior Design during the organic design process in order to make progress towards the design process or to achieve the final design. Communication hours consist of all our time spent on all incoming and outgoing communication across all emails, text messages, video calls, phone calls, audio messages sent via text message,WhatsApp messages, WhatsApp phone calls, etc., for all communication exchanged with all clients, vendors, warehouses, contractors, subcontractors, manufacturers, fabricators, architects, and any and all third parties related to the project. Our time spent reviewing all communication may also pertain to our time spent on reviewing all exchanged images, documents, deliverables, etc. Additional communication hours will be billed to you as the client across our minimum communication purchase package for your project. This minimum communication purchase package amount is non-negotiable and will be determined by Luca Casa based on the scale and size of your project and is to be paid in full upon receipt of invoice and within two (2) business days of the date reflected on the invoice. Any unused communication time is non-refundable and will be absorbed into Luca Casa’s total design service fees earned for its overall work performed on the project.
In the event, we were to lose allocation on any item that was selected for a project due to product damage, the item being lost in transit, unforeseen delays, or for any other reason at all, we may replace your item ordered with either the same item or another item of our choice that we believe will match the original item selected as closely as possible. Any and all item replacements will be final and solely determined by us as necessary, and as needed in order to complete the project.
For all Scope of Work overages performed outside of our contractual agreements, Luca Casa will assess and charge all overages of which will be billed directly to a client across Luca Casa's hourly rate outlined and agreed upon in our contract agreement. Scope of Work overages may include, but are not limited to the following types of work overages: additional communication hours across all email, text, phone calls, etc., increased number of design revisions on deliverables, additional product and material alternative options to choose from for all articles presented, additional renderings and plans, and so on. Luca Casa will document all final, non-negotiable overages in our Scope of Work Report, which will be provided to the client, who is fully responsible for promptly paying for all Scope of Work overages within two (2) business days from receipt of receiving an invoice and/or a Scope of Work Report. If a client has previously paid a phase deposit invoice towards any merchandise and/or services phase, all total amounts incurred and due, resulting from any Scope of Work overages and/or from a Scope of Work Report, will become immediately due and the full amount will be immediately deducted from any previously paid phase deposit invoice towards any merchandise and/or services. These payments and deductions are non-cancellable and non-refundable. Should there be a remaining balance from any previously paid phase deposit invoice after a Scope of Work deduction is applied, then any balance may be utilized towards the additional purchase towards any applicable services and/or merchandise, which will be determined by Luca Casa.
In the event you do not issue payment towards an invoice on time, your client website may be suspended should your invoice become past due. Upon our banking institution’s receipt of your payment in full towards your past due invoice, we may then reinstate your account and provide access once more to your client website, presentations, and other applicable deliverables. Please ensure to issue timely payments within two (2) business days towards all invoices, unless otherwise noted or instructed.
By supplying a credit card payment to a Luca Casa representative and/or on any of its third-party credit card processing platforms, you thereby authorize your credit card to be charged for the total amount(s) calculated in your invoice or as detailed in an emailed proposal or invoice. As such, you are agreeing to the latest Terms & Conditions, including the Return Policy, listed herein.
You agree that you will not hold Luca Casa against any claim, cost or liability pursuant to the use of this credit card authorization towards your order. You agree that no chargeback claim or dispute will be pursued on the full credit card charge amount. Furthermore, you certify that you are the authorized cardholder of the credit card being processed, and you are authorized to make the selected purchases for any service or merchandise. If you have questions about a payment made to us, we encourage you to contact us through our online web submission form.
GOVERNING LAW AND CHOICE OF FORUM
We agree that any claim or dispute between us shall be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The Substantive law is Florida law. Any award by one arbitrator may be entered as a judgement in any court having jurisdiction. The arbitration shall take place in Miami, Florida. Any arbitration will be heard and decided by a single arbitrator. This arbitration agreement governs all matters arising out of or relating to these Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. With respect to international sales, the parties agree that this arbitration agreement also applies.
SEVERABILITY
If any term or other provision of these Terms & Conditions of Sale are determined to be invalid, illegal, or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of these Terms & Conditions of Sale shall nevertheless remain in full force and effect so long as the economic or legal substance of the transaction(s) scrutinized hereby is not affected in any manner materially adverse to any party. Upon a determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these Terms & Conditions of Sale so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions scrutinized hereby are fulfilled to the extent practicable.
PRIVACY
Our Privacy Policy's terms and conditions govern the collection procedures of an individual's personal data as it relates to your purchase of products through the www.lucacasa.com Site. Please refer to our Privacy Policy for further details.
BINDING AGREEMENT
These Terms and Conditions of Sale, Site Policies, and our order confirmation, shall be considered the final agreement between you and us regarding the matters comprised in these Terms and Conditions of Sale.
FORCE MAJEURE
Luca Casa shall not be liable for any failure in its performance caused by circumstances beyond its reasonable control.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS AND CONTENT INCLUDED IN THE www.lucacasa.com SITE NOR AS TO THE MERCHANDISE BEING SOLD ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER RENOUNCES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO SUGGESTED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE INCLUDED ON OUR ORDER CONFIRMATION. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE www.lucacasa.com SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. VARIOUS STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT BE APPLICABLE, AND YOU MAY BE ENTITLED TO ADDITIONAL RIGHTS.
By viewing our designs via text message, email exchange, or by entering your provided password and proceeding forward to view our designs on our Websites, "www.lucacasa.com", “www.lucacasalounge.com”, and "www.lucacasaproject.com", you agree to Luca Casa’s terms found on www.lucacasa.com/terms. The project graphics, renderings and text provided in all contents of our designs shared in any form of deliverable are the property of Luca Casa and are protected by the U.S. copyright laws. Unauthorized reproduction, display or other dissemination of such materials is strictly prohibited and constitutes copyright infringement. Additionally, our designs shared in any form of deliverable and via this Website may contain or reference trademarks, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Luca Casa and/or other parties. No license to or right in any such trademarks, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Luca Casa and/or other parties is granted to or conferred upon you. All media displayed is not to be reproduced or distributed in any capacity, including but not limited to, sharing, printing, screen captures, and downloading. Luca Casa does not release any of its files, models or drawings, including, but not limited to any AutoCAD drawings (.DWG), SketchUp models (.SKP), Revit files (.RVT), V-Ray files (.VRSCENE), and Request For Proposal documentation (RFP's) due to liability and preservation of ownership rights. All such files are the property of Luca Casa and are protected by the U.S. copyright laws. Additionally, each individual or party who accesses our designs via text message, email exchange, or via all our Websites is deemed to have agreed to these terms.
Any renderings, drawings, floor plans, and depictions found on our Websites and delivered to a client through our websites, electronic signature platforms, emails, and text messages are all conceptual only and are for the convenience of reference. They should not be relied upon as representations, express or implied, of the final detail of a design. Luca Casa expressly reserves the right to make modifications, revisions, and changes it deems desirable in its sole and absolute discretion. All depictions of appliances, counters, furnishings, finishes, lighting, decor, plumbing fixtures, soffits, floor coverings and other matters of detail are conceptual only and are not necessarily included in each design. Dimensions and square footage are approximate and may vary with actual design and construction implementation.
Our design presentations are very time-sensitive deliverables and expire within twenty-four (24) hours of their delivery date and time. If any required phase deposit(s) are not provided to Luca Casa by Client prior to or within the twenty-four (24) hour window after a presentation is delivered, then a project will be considered to be placed in a hold status until the required 50% phase deposit is rendered to Luca Casa by the Client, which will then and only then, also reactivate presentation access to the Client. Due to the time-sensitive nature of our services and product availability, if a client is unresponsive to our follow ups for more than five (5) business days after the delivery date of our design presentation, Luca Casa will proceed forward with processing all its selected articles from the entire design presented in an effort to complete procurement for the entire project, in accordance with our design, contract and terms. All applicable payments associated with our services and procurement processes are still due upon receipt and to be rendered within two (2) business days.
Trade Secrets: This information is considered Trade Secret and owned by Luca Casa: Luca Casa’s own list of suppliers including its vendors, manufacturers, contractors, subcontractors, factories, partners, dealers, agents, brokers, fabricators, warehouse names and addresses, product wholesale and dealer pricing from all its suppliers, any of its supplier’s documents, quotes, proposals, purchase orders, sales order, receipts, invoices, pro forma invoices, supplier names and addresses, shipment tracking numbers for any orders, product brand names, product model numbers, product serial numbers, and product item numbers as these documents and information hold proprietary trade secrets of Luca Casa and are strictly confidential. Clients do not have any right to access Luca Casa’s Trade Secrets.
Client agrees to follow and honor all project timeline phases in a timely manner as outlined within our Project Timeline provided for every project. Clients are to provide responses to Luca Casa as promptly as possible and within 1-3 business days from the date of our last correspondence or outreach across any communication platform. Continuous and ongoing delayed client responses may incur additional design service fees in order to manage and maintain any additional and necessary follow up communication from our end. All additional service fees will be billed against our hourly rate as outlined in our contract.
Non-Responsiveness: If you engage Luca Casa’s services and are non-responsive to emails, text messages, and phone calls (at the email address and contact phone number you provided to Luca Casa) for a period of thirty (30) days or more, then, any and all funds or payments you made to Luca Casa become one hundred percent (100%) earned by Luca Casa at such 30-day point in time. Subsequent to such thirty (30)-day period of time, Luca Casa shall have no obligation to you to provide goods, services, or a refund of any kind.
All our contracts and the agreed upon scope of work within our contracts are not to exceed one full calendar year of time. In the event a client’s project continues beyond one calendar year of time, a one-time annual fee per each additional year in the amount of $1,500.00 will be assessed and due upon receipt of invoice and within two (2) business days for such fees.
Client grants the right to Luca Casa to document Luca Casa's work by taking photography and videography on a Client's project and to publish such media on Luca Casa's website and in marketing and promotional materials for Luca Casa. All documented media is the property of Luca Casa.
Moral Clause: If at any time during the execution of the Signed Contract, the Client makes a derogatory, disparaging or a defamatory statement about Luca Casa and its services, to injure, tarnish, damage, or otherwise negatively affect its reputation, or engages in any act which brings Luca Casa and its services, which shocks or offends its reputation, such act or statement shall constitute a Material Breach of this Agreement and Luca Casa may, at its option and without limiting its other rights and remedies, Terminate this Agreement in its entirety without any liability to Luca Casa.
Unprofessional Conduct: No Client shall treat any of Luca Casa’s associates and its affiliates with disrespect or discourtesy. The Client agrees to be professional and respectful in their dealings with Luca Casa and its associates and its affiliates.
Prohibited Harassment: No Client shall: a) Make offensive or derogatory comments to any person working at Luca Casa, either directly or indirectly, whether verbally, in writing, or through the use of electronic devices or Internet services; b) Engage in activity such as slander, sabotage, ostracism, badgering, withholding resources, disruptive treatment and/or conduct that intimidates or is hostile. In the event that the Client commits such unprofessional conduct or harasses Luca Casa and its associates and its affiliates, these acts constitute a total breach of the Service Contract.
Merger Clause: These Terms and Conditions shall be considered the final agreement between the contracting parties and shall supersede all prior agreements, understandings, and negotiations between the parties. The contracting parties agree that all previous negotiations and correspondence, written and/or oral, are to be considered null and void.
The parties agree that this contract cannot be modified orally and any attempt to modify it orally will be void. The parties also agree that this contract can only be modified by a notarized written agreement of both parties, and if this requirement is not met, the written agreement of modification will be void.
Confidentiality: The terms of this Agreement and the Terms of the Design Service Agreement are strictly confidential. Neither party shall copy or disclose the terms of this Agreement, or any other confidential information acquired or disclosed to such party to a third party, except as is necessary to implement this Agreement or as may be approved in writing by the other party. The obligations set forth in this Section shall survive any termination of terms on this Agreement.
Attorney Fees: If any party incurs any costs and/or attorneys’ fees with respect to the enforcement of this Agreement against the other party, the prevailing party shall be entitled to recover from the other party all such costs and reasonable attorneys’ fees.
These terms and conditions are subject to change without notice, from time to time in our sole discretion. Any amendments to these terms and conditions will be posted to this website, acting as notification.
ALL MODIFIED TERMS SHALL BE EFFECTIVE WITHIN SEVEN (7) DAYS OF THEIR MODIFICATION OR ADDITION TO THE LUCA CASA WEBSITE. IT IS THE CLIENT'S RESPONSIBILITY TO CHECK THE TERMS ON THE LUCA CASA WEBSITE FROM TIME TO TIME TO BE AWARE OF ANY MODIFICATIONS OR ADDITIONS.
End of Terms
