These PRB Collection Terms and Conditions of Sale (the “Terms”) apply to all transactions resulting in the sale of Products from Ponce Berga, LLC d/b/a PRB Collection (“PRB”). They apply only to Products purchased directly from PRB and not to any products purchased from a third party. Any terms, conditions, specifications, or similar not expressly stated within these Terms are expressly excluded and refused by PRB. By placing an order or purchasing any Product from PRB, the purchaser (the “Purchaser” or “You”) agrees to be bound by these Terms.
1.Product Condition & “As-Is” Sale
All goods sold by PRB including, without limitation, furniture, seating, lighting, storage, mirrors, and accessories (“Products”) are sold in “as-is” condition and reflect the secondary market, one-of-a-kind nature of the Products, including natural wear consistent with age and use. Listing photos, descriptions, and condition notes are best-effort representations only, and PRB does not guarantee the actual color, finish, tone, texture, and patina of the Products as it may vary. You are responsible for reviewing all photos, dimensions, and notes prior to purchase. You acknowledge and understand that variations from device to device, including monitors and displays, may result in different appearances on photographs.
Except as expressly provided herein, PRB makes no express or implied warranty (including without limitation the warranties of merchantability or fitness for a particular purpose) regarding the Products. PRB does not guarantee the manufacturer specifications of any Product or the availability of replacement parts for any Product.
2.Vintage Lighting & Electrical Safety
Unless expressly agreed between PRB and the Purchaser, all lighting is rewired or converted by PRB for United States use. However, vintage or antique fixtures may not conform to current electrical and/or building code standards. Installation of all lighting Products must be performed by a licensed electrician. Final grounding, canopy fit, junction box compatibility, and code compliance will be determined at the installation site by you or your electrician.
PRB is not liable for any inspection or code failures or violations in connection with installation of the Products, or for any installation modifications made by third parties to the Products. Existing functional vintage components may be preserved unless restoration work is specifically purchased by the Purchaser. For the avoidance of doubt, Purchaser assumes responsibility for all post-delivery electrical compliance and safe use of the Products.
3.Dimensions & Product Accuracy
All Product dimensions are approximate. Handmade and vintage Product dimensions may vary slightly from stated dimensions, and custom modifications to Products may change final measurements and dimensions. You are responsible for confirming site access for delivery of Products, and that Products fit through doors, elevators, stairwells, and any other access constraints. PRB is not liable for failed delivery due to delivery site access restrictions.
4.Orders & Payment
Product orders are not confirmed until payment is received by PRB. PRB accepts the following payment methods: credit cards, debit cards, ACH, and any other methods listed at checkout, which are subject to change in PRB’s sole discretion. Trade pricing is available only to PRB-approved trade accounts. All pricing quotes expire after 14 business days, and draft invoices will not hold or reserve Products.
PRB reserves the right to cancel any Product order for any reason in its sole discretion, including pricing errors. Taxes, duties, storage, white-glove service fees, and similar charges are not included in listed Product pricing and are additional charges, unless expressly stated otherwise.
5.Holds & Reservations
Product holds are limited to 7 days and must be made using a valid PRB account login. Extensions to Product holds are not guaranteed and will be granted in PRB’s sole discretion. PRB may release expired Product holds without notice. Product holds do not guarantee pricing following expiration of any hold. Product inventory remains available until payment to PRB is processed, where applicable.
6.Shipping & Delivery
PRB offers the following delivery services, to be selected by Purchaser at checkout:
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White-Glove delivery — delivery to Purchaser’s specified delivery location, Product unpacking and installation (excluding lighting), and debris removal.
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Freight Service — delivery to Purchaser’s specified residential or commercial delivery location and left at the curb, driveway, or loading dock (no installation included).
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Parcel Delivery — delivery of smaller items shipped via UPS, FedEx, or DHL, with Purchaser’s signature required on delivery.
All Product delivery windows are estimates only, and no delivery date is guaranteed unless explicitly agreed in writing by PRB. Purchaser is responsible for providing accurate delivery information to PRB, and additional charges may apply for redelivery, storage, COIs, stairs, elevators, narrow access, or delays.
Shipping terms are DDP (as defined in Incoterms 2020) to the Purchaser’s delivery location. Title, liability, and risk of loss to Products sold pass to Purchaser following unloading of the Products at Purchaser’s designated delivery location.
7.Damage Claims & Inspection of Products
Purchaser must notify PRB of Product damage incurred during shipping within three (3) business days of Product delivery to Purchaser’s designated delivery location. Purchaser must retain all original packaging during the damage claim review process and must provide photos of the packaging and the damage to the Product at PRB’s request. All damage claims must be submitted to PRB within three (3) business days of the date of the original Product delivery.
PRB may, in its sole and absolute discretion, choose to repair the damaged Product, refund for in-house credit to Purchaser for the Product, or submit a carrier claim resolution. Refunds for damaged Products are not automatic and are subject to PRB’s resolution of all damage claims.
8.Returns & Final Sale
Most one-of-a-kind Products are final sale and will not be eligible for return or refund. If PRB approves return of a Product, such returns will be subject to restocking fees and return freight, which will be charged to the Purchaser. Purchaser remorse after shipment is not grounds for return of Products.
Products for which PRB uses customer’s own materials (“COM”), custom upholstery, refinishing, and modified lighting are not returnable or refundable, and cancellations on such Products are not permitted once workroom production begins. In-house credit may be available, as determined by PRB in its sole discretion.
9.Upholstery, COM & Workroom Services
COM yardage estimates are approximations for all Products. Purchaser is responsible for all COM fabric suitability, and dye lot and texture variations to the COM shall be accepted. PRB lead times on all custom orders are estimates only, and upholstery deposits may be non-refundable as determined by PRB in its sole discretion.
Purchaser must complete and submit PRB’s COM worksheet with specific instructions for each Product, and final approval of finish details shall be determined by Purchaser. Handmade refinishing variations are normal in all such Products, and all Products ordered with custom workroom services are final sale.
10.Limitation of Liability; Waivers & Disclaimers
PRB shall not be liable for special, indirect, incidental, punitive, or consequential damages of any kind which may arise in connection with the use of or inability to use any Product, including, without limitation, damages for loss of business profits, business interruption, or claims of third parties, whether or not caused by or resulting from the breach of contract, negligence, or other wrongful act or omission of PRB, even if PRB has been advised of the possibility of such damages.
Except as set forth in Section 7 for damaged Products, Purchaser’s exclusive and sole remedy for any claim — including without limitation those (a) for loss, damage, expense, or injury, (b) based upon PRB’s breach of warranty, contract, statute, or regulation, or (c) negligence, strict liability, or any other tort — shall be a refund of the purchase price paid for the Products in respect of which damages are claimed, and in no event shall PRB’s liability for any claim be greater than that amount.
Any lawsuit for breach of warranty, breach of contract, tort, or other permitted action or remedy must commence within six (6) months following delivery of the Products to Purchaser or it shall be forever barred under these Terms as well as in all other judicial forums. PRB shall not be liable for the acts or omissions of any installer, mover, electrician, or other third-party vendor used by Purchaser in connection with the Products.
11.Governing Law & Dispute Resolution
These Terms are to be construed, and the respective rights of Purchaser and PRB are to be determined, according to the laws of the State of North Carolina, without regard to choice of law or conflicts principles of North Carolina or any other jurisdiction. Purchaser expressly consents to the exclusive personal jurisdiction of the State of North Carolina, and agrees that jurisdiction and venue for any proceeding related to or arising out of these Terms shall be in the state courts of Guilford County, North Carolina or the federal courts of Guilford County, North Carolina.
If PRB prevails in any such lawsuit, the costs and expenses associated with such lawsuit and PRB’s reasonable attorneys’ fees to collect the purchase price of the Products and/or to defend any claims made by Purchaser against PRB related to the Products shall be paid by Purchaser. Prior to commencement of any litigation for disputes hereunder, the parties shall participate in good-faith mediation in Guilford County, North Carolina, unless such requirement is waived by PRB or prohibited by applicable law.
12.Force Majeure
No liability of PRB shall result from delay in performance or non-performance, directly or indirectly caused by circumstances beyond the control of PRB, including, but not limited to, Acts of God, fire, explosion, flood, war, act of or authorized by any government, accident, labor trouble or shortage, equipment failure, inability to obtain from its usual sources of supply fuel, power, material, equipment, or transportation, or commercial impracticability.
13.Updates to Terms
PRB may update these Terms at any time in its sole and absolute discretion. Updates are effective upon posting to PRB’s website.