Thank you for choosing OM Drapes Design LLC (referred to as “The Company”) for your window design project.
Payment Terms:
For projects involving all types of window coverings (interior and exterior shades, blinds, shutters and draperies or hardware), a deposit of 60% is due to process the order. Another 30% is due when products are shipped, before installation is scheduled, and the remaining 10% is due at installation.
Payment Methods:
We accept Zelle, Check, Credit Card (a 3.5% processing fee will be added), or Bank transfer (1.5% processing fee) as payment methods.
Ownership of Window Treatments:
The window treatments are owned by OM Drapes Design until they are completely paid for. If payment is not made in full before or on the installation day, we reserve the right to uninstall the treatments or place a lien on your property until the outstanding balance is resolved. The homeowner must grant access to the premises for us to recover our property if the window treatments are not fully paid for upon installation.
Client Responsibilities:
Access to Premises: Clients must ensure access to the installation site on the scheduled dates and times to facilitate the installation process.
Payment Schedule: Clients are required to adhere to the agreed-upon payment schedule and make timely payments for products and services rendered.
Preparation of Space: Clients should prepare the installation area by clearing any obstructions and ensuring a suitable environment for the installation of window treatments.
Compliance with Guidelines: Clients are expected to comply with care and maintenance guidelines provided by OM Drapes Design LLC to prolong the lifespan and performance of the window treatments.
Communication: Clients should promptly communicate any concerns, questions, or changes related to the project to ensure smooth coordination and execution.
Post-Installation Inspection: Upon completion of the installation, clients or their representatives must conduct a thorough inspection of the window treatments to verify proper functionality and appearance. Any issues or discrepancies should be reported promptly for resolution.
Cancellation and Refunds:
All sales are final after the 3-day right to rescind in accordance with state law. Custom-designed and manufactured products cannot be cancelled, refunded, or exchanged after this period. Clients acknowledge that custom goods have no guaranteed deadline and may face manufacturing delays, including back orders or discontinued materials. We make efforts to keep you informed about any such delays.
Installation and Adjustments:
Installations of custom products may necessitate follow-up appointments for adjustments to ensure proper fit. The presence of the homeowner or a representative is required to approve the installation and confirm functionality. Any modifications needed after the installation will result in an extra trip charge, beginning at $150 for distances up to 20 miles and an added $2.5 per mile thereafter. Please note that trip charges vary depending on the location; kindly discuss this with the designer.
Product Availability and Substitutions:
OM Drapes Design LLC is not responsible for manufacturer decisions to discontinue items or fabrics. We will replace and “make it right” to industry quality standards for damaged or delayed products during the production process. If any item cannot be supplied, we may offer similar items of equal quality. If no agreement can be reached, the amount due will be credited, and the remaining balance will be adjusted accordingly.
Order Cancellation and Client’s Rights:
We reserve the right to cancel an order by notifying you in writing and returning any funds received for the canceled order.
Marketing and Advertising:
The Company reserves the right to use “before and after” room/window pictures for advertising and marketing purposes.
Warranty Details:
Each manufacturer offers their own product warranty, after installation, client will receive warranty details specific to each manufacturer and instructions on how to care for their new window coverings.
Additionally, we offer a 2-year warranty on the installation of your window treatments. This warranty covers any issues related to the installation process, ensuring that your window treatments are securely and professionally installed.
Dispute Resolution:
Informal Resolution: In the event of any dispute, the parties agree to first attempt to resolve the matter amicably through good-faith negotiations. Either party may initiate discussions by providing written notice to the other party, detailing the nature of the dispute and proposed resolution.
Mediation: If the dispute cannot be resolved informally within 30 days of the written notice, both parties agree to submit the dispute to mediation. The mediation shall be conducted in accordance with the mediation rules of California Dispute Resolution Council (CDRC).
Arbitration: If mediation does not result in a resolution within 60 days of initiation, the dispute shall be submitted to binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration service. The arbitration shall take place in Huntington Beach, CA.
Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the courts of Huntington Beach in California, and each party hereby submits to the jurisdiction of such courts.
Updates and Amendments:
Notification of Changes: OM Drapes Design LLC reserves the right to update or amend these Terms and Conditions as needed. Clients will be notified of any changes via email or by posting a notice on our website.
Acceptance of Changes: Continued use of our services after the effective date of any updates or amendments constitutes acceptance of the revised Terms and Conditions.
Review of Updated Terms: Clients are encouraged to review the updated Terms and Conditions periodically to stay informed about any changes that may affect their rights or obligations.
Paying the required deposit before order is placed means that you are approving the above Terms & Conditions.
We appreciate your business and look forward to doing business with you again!