TERMS AND CONDITIONS OF SALE AND USE

Effective date: January 1, 2026
Last updated: January 1, 2026

IMPORTANT NOTICE. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. PLEASE READ CAREFULLY.

1. Company information
   The website (the “Site”) and the services offered through it are operated by GAROFANO (“GAROFANO,” “we,” “us,” “our”).
   Contact: info@garofano.store
   Mailing address: 8 THE GREEN STE B, DOVER, DE 19901, USA
2. Scope; acceptance; eligibility; priority of documents
   2.1 Scope. These Terms and Conditions (the “Terms”) govern (i) your access to and use of the Site and (ii) all purchases of products and services from GAROFANO, including white-glove delivery and any design assistance (collectively, the “Services”).
   2.2 Acceptance. By using the Site or placing an order, you agree to these Terms. If you do not agree, do not use the Services.
   2.3 Eligibility. You must be at least 18 years old (or the age of majority where you live) and capable of forming a binding contract. If you order on behalf of an entity, you represent you have authority to bind it.
   2.4 Priority. If there is a conflict, the following order of precedence applies: (1) the order confirmation/invoice and any written change order, (2) these Terms, (3) policies referenced on the Site (e.g., Privacy Policy). Where mandatory consumer laws apply, those laws control to the extent they override these Terms.
3. Key principles of the GAROFANO model (to set expectations and minimize returns)
   3.1 White-glove only. All deliveries are performed as white-glove delivery (unpacking, placement, and basic packaging removal) via a professional carrier or delivery team selected by us. We do not offer threshold/curbside or “standard” delivery options.
   3.2 Made-to-order as default. Unless expressly stated otherwise in writing, all products are made-to-order.
   3.3 Customization. Many products allow customization (e.g., upholstery selection, finish options, configuration). “Full custom” (bespoke dimensions, non-standard construction, or non-standard materials) requires additional lead time and may require additional approvals and/or fees.
   3.4 Final-sale logic. Because items are made specifically for you, returns are intentionally restricted. You should expect: (i) pre-production confirmations, (ii) strict change/cancellation rules, and (iii) a delivery inspection/sign-off process.
4. Product information; materials; natural variation; tolerances
   4.1 Images and color. Photos, lifestyle images, and digital renderings are illustrative. Colors and textures may differ due to lighting and screen calibration.
   4.2 Natural variation (not a defect). Natural materials (wood, leather, stone, metal patina, natural fibers) vary in grain, veining, tone, and texture. Reasonable variation between sample/swatches and final goods is not a defect and is not a basis for return, refund, or chargeback.
   4.3 Dimensions and tolerances. Dimensions are approximate and subject to commercially reasonable tolerances. Minor variances do not constitute nonconformity.
   4.4 Care and wear. Normal wear and tear, improper use, stains, pet damage, or failure to follow care instructions are not defects.
5. Ordering process; approval; specifications; change orders
   5.1 Order is an offer; acceptance. Your order is an offer to purchase. We may accept or reject orders in our discretion (e.g., suspected fraud, shipping constraints, errors). Acceptance occurs when we issue a written order acknowledgment/confirmation and/or commence production.
   5.2 Specification confirmation. You are responsible for confirming all selections before production begins, including: configuration, dimensions, fabric/leather/finish, orientation, and any access constraints communicated to us.
   5.3 Change orders (strict). Any request to change an order must be in writing. Changes are subject to our written approval and may result in (i) pricing adjustments, (ii) extended lead times, and (iii) administrative/production fees. Once production begins, changes are generally not possible.
   5.4 Full custom approvals. Full custom orders may require additional drawings, technical review, prototypes, and/or material approvals. You must approve any drawings/spec sheets in writing before production proceeds.
6. Payment terms; deposits; chargebacks
   6.1 Payment timing. Because products are made-to-order, we require payment in full before production begins unless we expressly agree otherwise in writing.
   6.2 Payment processing. Payments are processed via third-party payment providers. You authorize us to charge your payment method for the order total (including taxes and delivery fees) and for any approved change order amounts.
   6.3 Chargebacks. You agree to contact us first to attempt resolution before initiating a chargeback. Improper chargebacks (e.g., for non-defect natural variation or after successful delivery sign-off) may be disputed with supporting documentation, including signed delivery documents and inspection records.
7. Lead times; estimates; delays
   7.1 Estimated lead times. All completion and delivery dates are estimates. Estimated lead times generally begin when we receive (i) full payment and (ii) all required approvals (and, if applicable, (iii) material approvals such as dye lot/strike-off).
   7.2 Full custom lead times. Full custom orders require additional time for engineering, sourcing, and production; estimates will be provided case-by-case and may be revised as the project progresses.
   7.3 Delays outside control. Delays may occur due to supply chain disruptions, carrier capacity, weather, force majeure, or other events beyond our reasonable control. We will communicate material delays and commercially reasonable options consistent with applicable law.
8. White-glove delivery terms (access, scheduling, inspection window, and damage claims)
   8.1 Access is your responsibility. You are responsible for ensuring products will fit through doorways, stairwells, hallways, elevators, and turns, and for complying with building rules (COI requirements, elevator reservations, protective coverings, delivery windows). You should measure carefully before ordering.
   8.2 Failed delivery; re-delivery fees. If delivery cannot be completed due to access constraints, incorrect information, missed appointments, or refusal to accept delivery, you may incur re-delivery, restocking, or additional labor fees.
   8.3 Scheduling and postponement. Once your order is ready, we will contact you to schedule delivery. Postponements may be limited; postponing within 1 business day of a scheduled delivery may trigger re-delivery fees charged by the carrier.
   8.4 Storage if delivery is not taken. If you do not take delivery within 30 days after we notify you that your order is ready (or arrives at our logistics partner), we may charge storage fees of 1% of the purchase price per month (minimum $150/month) and/or treat the order as abandoned after 90 days, in which case cancellation penalties apply (Section 10).
   8.5 Delivery inspection and sign-off (critical). White-glove delivery includes unpacking; you (or your authorized representative) must inspect items at delivery before signing completion documents.
   (a) Visible issues: Note any visible damage or missing items on the delivery paperwork/bill of lading before signing.
   (b) Concealed issues: If an issue is discovered after the team leaves, you must notify us in writing within 48 hours of delivery and provide clear photos and descriptions. Keep all packaging until the claim is resolved.
   (c) Failure to comply: If you sign delivery documents as “received in good condition” without exceptions and do not notify us within 48 hours, we may deny the claim to the extent permitted by law.
   8.6 What is not “damage.” Natural variation, minor alignment tolerances, and normal characteristics of hand-finished goods are not damage or defects.
9. Returns, refunds, and exchanges (designed to minimize returns for made-to-order goods)
   9.1 All sales are final for made-to-order and customized items. Because each item is produced specifically for you, ALL MADE-TO-ORDER, CUSTOMIZED, AND FULL CUSTOM ITEMS ARE FINAL SALE and are not eligible for returns or exchanges, except in cases of (i) verified manufacturing defect or (ii) verified damage attributable to transit/handling, as determined under Section 8 and Section 9.3, or as otherwise required by applicable law.
   9.2 Non-returnable categories. For avoidance of doubt, the following are non-returnable: customized upholstery/fabrics/leathers, custom finishes, special sizes, bespoke configurations, and full custom work.
   9.3 Remedy for verified defect or transit damage (exclusive remedies). If a product is verified to have a manufacturing defect or shipping damage in accordance with these Terms, our remedies may include (at our option): repair, replacement (or remake), or a reasonable partial refund. Full refunds are generally reserved for situations where repair/replacement is not commercially reasonable or not possible.
   9.4 No “buyer’s remorse” returns. We do not accept returns due to preference changes, color expectations, fit issues resulting from inaccurate measurements, or incompatibility with your space.
   9.5 Refund method and timing. Any approved refund will be issued to the original payment method. Timing depends on payment provider and banking systems.
10. Cancellations (made-to-order economics)
    10.1 Cancellation window (limited). Orders may be cancellable only before production begins and only with our written confirmation.
    10.2 Cancellation fee. If cancellation is permitted, a cancellation fee of up to 50% of the order value may apply to cover design time, order administration, materials allocation, production planning, and opportunity cost.
    10.3 No cancellations after production starts. Once production begins (including material cutting or factory scheduling), cancellations are not permitted.
    10.4 Abandoned orders. Orders not accepted for delivery per Section 8.4 may be treated as abandoned, and we may retain amounts paid and/or apply cancellation penalties to the maximum extent permitted by law.
11. Limited warranty (structure that reduces disputes and supports retention)
    11.1 Limited warranty. We warrant to the original purchaser that products will be free from manufacturing defects in workmanship and materials for one (1) year from delivery, under normal residential use and proper care.
    11.2 Exclusions. This warranty excludes: normal wear and tear; natural material variation; fabric pilling; softening of cushions; color changes from sunlight; improper cleaning; misuse; accidents; pet damage; commercial use unless expressly agreed in writing; and damage caused by movers or third parties after delivery.
    11.3 Warranty claim process. To submit a claim, email info@garofano.store with the subject “Warranty Claim,” include your order number, photos/videos, and a description. You must cooperate with reasonable inspection requests.
    11.4 Remedies. Remedies are limited to repair, replacement, or parts replacement at our discretion, and do not include incidental or consequential damages to the extent permitted by law.
12. Design assistance; measurements; your responsibilities
    If we provide design guidance, it is informational and based on inputs you provide. You are responsible for: (i) verifying measurements, (ii) confirming access constraints, (iii) ensuring suitability for your intended use, and (iv) confirming color/material choices.
13. Intellectual property; prohibited conduct
    13.1 IP ownership. The Site, branding, content, and materials are owned by or licensed to GAROFANO. Unauthorized reproduction or exploitation is prohibited.
    13.2 Prohibited conduct. You may not scrape the Site, use automated tools without permission, introduce malware, attempt unauthorized access, or misuse our content or trademarks.
14. Privacy
    Our Privacy and Data Protection Policy governs our collection and use of personal data.
15. Disclaimer of warranties (site and services)
    To the maximum extent permitted by law, the Site and Services are provided “AS IS” and “AS AVAILABLE.” We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except where such disclaimers are prohibited.
16. Limitation of liability
    To the maximum extent permitted by law, GAROFANO will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill. Our total liability for any claim will not exceed the amount you paid for the specific product(s) giving rise to the claim. Some jurisdictions do not allow certain limitations; in those cases, limitations apply only to the extent permitted.
17. Indemnification
    You agree to indemnify and hold harmless GAROFANO and its affiliates, officers, directors, employees, and agents from claims arising out of your misuse of the Services, violation of these Terms, or infringement of third-party rights.
18. Force majeure
    We are not responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, strikes, supply chain disruptions, carrier delays, war, terrorism, government actions, or utility/network outages.
19. Governing law
    These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, except where mandatory consumer protection laws of your state/country apply.
20. Arbitration agreement; class action waiver; jury trial waiver
    20.1 Agreement to arbitrate. Except for disputes eligible for small claims court or disputes seeking injunctive relief for intellectual property misuse, you and GAROFANO agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any purchase (including defect, delivery, billing, or advertising claims) will be resolved by binding arbitration.
    20.2 Administrator and rules. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or other applicable AAA rules).
    20.3 Venue and format. Arbitration will take place in Delaware unless the parties agree to remote/video arbitration, which may be used for efficiency and cost control.
    20.4 Class action waiver. You and GAROFANO agree that claims must be brought in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any class proceeding.
    20.5 Costs and fees. AAA fees will be allocated per AAA rules and applicable law.
    20.6 Opt-out (optional). You may opt out of arbitration within 30 days of placing your first order by emailing info@garofano.store with the subject “Arbitration Opt-Out” and including your name and order number. Opting out does not affect other provisions of these Terms.
    20.7 Jury trial waiver. If a claim proceeds in court (e.g., small claims or IP injunction), you and GAROFANO waive any right to a jury trial to the extent permitted by law.
21. Miscellaneous
    21.1 Severability. If any provision is unenforceable, the remaining provisions remain in effect.
    21.2 No waiver. Failure to enforce a provision is not a waiver.
    21.3 Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
    21.4 Entire agreement. These Terms, together with policies referenced on the Site and your order confirmation/invoice, constitute the entire agreement between you and GAROFANO regarding the Services.