Caviani LLC Website Terms & Conditions

Effective Date: 10 August 2025
Website Owner: Caviani LLC (the “Company”)
Scope: These terms govern your use of Caviani LLC’s website (the “Site”) and form a binding agreement between Caviani LLC and any individual who visits, browses, shops, accesses or otherwise uses the Site (“you,” the “Customer”).

1 Acceptance of Terms

1. Agreement to be bound: By visiting, browsing, shopping, accessing or otherwise using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms & Conditions and to comply with all applicable laws and regulations. Your continued use of the Site after any posted change constitutes acceptance of that change.

2. Contract formation: This Sale Agreement constitutes the entire agreement between Caviani LLC and the Customer relating to the purchase or sale of goods or services through the Site. A separate written agreement signed by Caviani LLC supersedes these terms for those specific goods or services.

3. Electronic records: You consent to receiving electronic records via web browser or email. You may withdraw consent by contacting Caviani LLC at the address listed below. Electronic signatures that are otherwise valid will be accepted under this Sale Agreement.

4. Conflict of terms: In the event of any conflict between the terms on your purchase order and this Agreement or any terms on our invoice, the provisions of this Agreement and the invoice control.

5. Disagreement: If you disagree with any of these terms and conditions, do not visit, browse, shop, access or otherwise use this Site.

2 Important Legal Notices

1. Changes to terms: Caviani LLC may change these terms and conditions at any time without prior notice, at its sole discretion. Customers should review these terms and Caviani LLC’s Privacy Pledge regularly.

2. Location of Site operation: This Site is controlled and operated by Caviani LLC from its offices in the United States. Materials may not be appropriate or available for use in other locations. Accessing the Site from locations where its content is illegal is not authorized.

3. Governing law: Any claim relating to the Site is governed by the laws of the State of California without regard to conflict‑of‑law rules. You consent to the jurisdiction of the federal and state courts located in Cook County, Illinois for any such claims.

4. Jurisdiction: Any claims relating to product issues after receipt by the customer are governed by California law. You consent to the jurisdiction of the federal and state courts located in Cook County, Illinois to hear such claims.

5. Supremacy of written terms: These terms overrule any verbal commitments made by any Caviani LLC employee.

3 User‑Generated Content

1. Submission: The Site may allow submission of user content (e.g., comments, reviews). You acknowledge Caviani LLC does not guarantee confidentiality for submissions and that Caviani LLC may publish your name and content without your consent.

2. Ownership and license: You retain ownership of your user content but grant Caviani LLC a perpetual, worldwide, non‑exclusive, irrevocable, royalty‑free, sublicensable and transferable license to use, reproduce, distribute, edit, display publicly, perform publicly and otherwise exploit your user content in any media. You also grant each Site user a non‑exclusive license to access and use your content under these terms.

3. Representations: You represent and warrant that your user content does not violate any intellectual property or privacy rights of any third party and that you have all necessary rights and permissions to submit it.

4. Indemnity: You agree to indemnify Caviani LLC against any claims arising from your user content or violation of these posting rules.

5. Content removal: Caviani LLC reserves the right, but is not obligated, to monitor and remove any user content that it deems in violation of these terms or any law.

3.1 Acceptable Use Policy

You agree not to:

• Post content that violates copyright, trademark or other proprietary rights unless you own or have permission to post it.

• Upload, post or transmit unlawful, harmful, abusive, harassing, defamatory, vulgar, obscene, or hateful content.

• Harm minors or impersonate another person.

• Send unsolicited or unauthorized advertising or spam.

• Upload viruses or harmful code.

• Violate any local, state, national or international law.

• Collect or store personal data about other users.

• Use any device or software to interfere with the proper working of the Site or attempt to violate Site security.

Caviani LLC reserves the right to investigate and cooperate with law enforcement regarding any such violations and may terminate access or remove user content without notice.

4 Order Acceptance and Processing

1. No guarantee of order acceptance: Receipt of an order number or email confirmation does not constitute acceptance of an order. Caviani LLC reserves the right to limit order quantities or refuse service to any customer without prior notification. Verification of information may be required.

2. Pricing and availability: Prices and product availability on the Site are subject to change without notice. Errors will be corrected when discovered, and Caviani LLC reserves the right to revoke any stated offer and correct errors (including after an order has been submitted).

3. Order refusal or cancellation: Caviani LLC may refuse or cancel any order at its sole discretion. Your account may be restricted or terminated for any reason.

4. Phone orders: All phone orders are subject to Caviani LLC’s Returns & Cancellations Policy, Privacy Policy and Shipping Policy. Placing a phone order constitutes agreement to the terms presented on the Site.

5 Communications and Privacy

1. Proposition 65 notice (California residents): Products may contain chemicals known by California to cause cancer, birth defects or other reproductive harm. Contact Caviani LLC for questions regarding product safety.

2. Communications: You have no right to confidentiality in communications to Caviani LLC. Caviani LLC may reproduce, use, disclose and distribute communications without limitation and may use any ideas, concepts, know‑how or techniques contained therein for any purpose.

6 Indemnity and Disclaimers

1. Indemnity: You agree to indemnify and hold Caviani LLC and its agents and licensors harmless from any claims or demands (including attorneys’ fees) arising from your use of the Site, your user content, your violation of these terms or your violation of any rights of another user.

2. Disclaimers: The information provided on the Site (or through other channels such as phone and email) is compiled from various sources and provided “as is.” Caviani LLC expressly disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non‑infringement. You agree that your use of the Site is at your sole risk.

3. Limitation of liability: Caviani LLC, its officers, employees and affiliates shall not be liable for any direct, indirect, special, incidental, punitive, consequential or exemplary damages arising from the use or inability to use the Site or any content or services obtained through it, even if Caviani LLC has been advised of the possibility of such damages. Some states do not allow exclusion of certain damages; in such states, liability is limited to the fullest extent permitted by law.

4. Commercial use: Products are not rated for commercial use unless otherwise stated. Caviani LLC does not guarantee manufacturer warranties or product specifications and is not responsible for changes in color, material or style. Information is subject to change without notice.

7 Claims and Termination

1. Limited time to bring a claim: Any cause of action arising out of or related to the Site must be commenced within 48 hours after the cause of action arose or be permanently barred.

2. Termination: Caviani LLC may terminate your access to the Site at any time if it believes you have violated these terms. Caviani LLC may discontinue the Site or any part of it without notice. Caviani LLC shall not be liable for any termination of access.

8 General Information

1. Governing law and venue: The Site is operated from Aliso Viejo, California. These terms are governed by the laws of the Commonwealth of California. You and Caviani LLC consent to the exclusive jurisdiction and venue of state and federal courts in Cook County, California for disputes arising from these terms or the Site.

2. Severability: If any provision of this Agreement is unlawful or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

3. Entire agreement: These terms constitute the entire agreement between you and Caviani LLC with respect to use of the Site and supersede any prior agreements. Use of the Site constitutes acceptance of these terms and any applicable limitations on liability and warranty.

9 Product Disclaimer

1. Non‑affiliation: Caviani LLC is not affiliated with or sponsored by any designers mentioned on the Site. Products sold by Caviani LLC are not represented as original or exact replicas and do not carry designer logos. Designer names, if mentioned, are for comparison only and not endorsed.

2. Product representation: Caviani LLC strives to accurately represent products through pictures and descriptions. Products are provided “as is.” Caviani LLC is not liable for manufacturer changes in color, material, dimensions or style and offers no warranty on products.

3. Commercial use disclaimer: Products are not rated for commercial use unless stated. Using a non‑commercial‑rated item commercially may void the manufacturer warranty.

10 Chargeback and Debt Collection

Initiating an unsubstantiated chargeback or failing to pay for goods or services revokes any buyer protections provided by Caviani LLC. Delinquent payments and unsubstantiated chargebacks will be treated as debts and forwarded to a collections agency for recoupment.

11 Authorized Users

1. Credit card orders: When you place an order with a credit card and pass our security checks (including CVV and billing address verification), you agree to our terms and verify you are the authorized user of the card.

2. PayPal orders: When you place an order using a PayPal account by logging into PayPal, you agree to our terms and verify you are the authorized user of the PayPal account.

12 Communication Guidelines and Order Processing

1. Processing orders: Orders requiring additional information will be contacted via phone and email (Contact@Caviani.com) and must be responded to via email for documentation. Changes to items, billing/shipping information or shipping method must be communicated via email. If an item is out of stock, three attempts will be made to contact you via Contact@Caviani.com. If you do not respond and the item becomes available within 30 days, it will be shipped out.

2. Returns: A return request must be made within 48 hours after receipt of the merchandise via email (Contact@Caviani.com). Return requests made after 48 hours will not be accepted. Returns are considered filed only when a Return Authorization Form is emailed within that timeframe.

3. Damages: Damage claims or notices of product deficiency must be emailed to Contact@Caviani.com within 48 hours of receipt of merchandise (for small parcel items not requiring a signature).

 

Caviani Furniture Store – Payment Processing (Non‑Cash Adjustment) Policy

Effective Date: 02 July, 2025
Store Location: Caviani Furniture, Irvine, California, USA
Scope: This policy applies to all retail and online sales conducted by Caviani Furniture.
Policy Owner: Caviani LLC (the “Company”)

1 Background and Legal Framework

1. Compliance with California law: California Civil Code §1748.1 historically barred merchants from adding surcharges to credit‑card payments. Although that prohibition was struck down in Italian Colors v. Becerra (2018), merchants in California are still prohibited from misleading customers or hiding differences between credit‑card, debit‑card and cash pricesoag.ca.gov. Beginning 1 July 2024, Senate Bill 478 (the “all‑in pricing” law) requires businesses to include any mandatory fees in the price they display; businesses cannot advertise a lower price and then add a “service fee” at checkoutmerchantcostconsulting.com.

2. Limits on card surcharges: Card‑network rules (Visa, Mastercard, Discover and American Express) and federal law allow surcharges only on credit‑card payments and require that the fee does not exceed the merchant’s actual cost of acceptance (generally capped at ≈3 percent)lawpay.com. Surcharges must not be applied to debit‑card or prepaid‑card transactionslawpay.com.

3. Transparency requirements: Merchants must clearly disclose any non‑cash adjustment to customers before the transaction is completedoag.ca.gov. Processing fees must be communicated at the point of sale and on receiptsthecreditcardguy.com. Hiding or misrepresenting fees can result in fines and legal actionmerchantcostconsulting.com.

2 Summary of Processing Fees

1. Processing fee rate: Caviani Furniture’s cost of accepting card payments is approximately 2.9 % of the transaction amount. This fee reflects the actual interchange, assessment and payment‑processor costs and does not exceed the Company’s cost of acceptancelawpay.com.

2. Non‑cash adjustment model: To comply with SB 478 and card‑network rules, Caviani Furniture adopts an “all‑in” pricing model. All prices displayed in‑store, online, or in advertisements already include a 2.9 % non‑cash adjustment to cover payment‑processing costs. Customers who pay with cash or by check will receive a 2.9 % discount off the posted price. This discount is disclosed as a “cash discount”, not a separate surcharge, and ensures compliance with the ban on credit‑card surchargesoag.ca.gov and with network prohibitions on surcharging debit‑card transactionslawpay.com.

3. No surcharges on debit cards: Because federal law and card‑network rules prohibit surcharges on debit‑card transactionslawpay.com, Caviani Furniture does not impose any additional fee on debit‑card transactions beyond the built‑in non‑cash adjustment. Debit‑card customers pay the same price as credit‑card customers.

3 Disclosure and Communication

1. Signage and point‑of‑sale notices: The Company will post clear signage at the entrance, near cash registers and on websites stating: “Our posted prices include a 2.9 % non‑cash adjustment. Pay with cash or check to receive a 2.9 % discount.”

2. Receipts and invoices: All receipts will itemize the non‑cash adjustment by showing the full price paid by card and the discounted price if paid by cash or check. For card transactions, receipts will also state that the payment includes the non‑cash adjustment and that no additional surcharge was applied.

3. Advertising and online listings: Any advertised or quoted price will reflect the total amount payable by card, inclusive of the non‑cash adjustmentmerchantcostconsulting.com. Marketing materials will not advertise a lower “cash price” without clearly stating the card price.

4 Customer Options

1. Cash and check payments: Customers choosing to pay with cash or a bank‑issued check will automatically receive a 2.9 % discount from the displayed price.

2. Credit‑card payments: Customers paying by credit card will pay the full displayed price, which includes the 2.9 % non‑cash adjustment.

3. Debit‑card payments: Customers paying by debit card will also pay the full displayed price; no additional surcharge or discount is appliedlawpay.com.

4. Alternative payment methods: Caviani Furniture does not impose processing fees on electronic gift cards or store credit. The Company does not currently accept mobile‑wallet services (Apple Pay, Google Pay, etc.); if adopted, those transactions will follow the same non‑cash adjustment policy.

5 Record‑Keeping and Compliance

1. Documentation: The Company will maintain records of credit‑card and debit‑card processing costs and the 2.9 % fee calculation. This documentation will demonstrate that the non‑cash adjustment reflects the actual cost of acceptancethecreditcardguy.com.

2. Staff training: Employees will receive annual training on this policy, including how to explain the non‑cash adjustment and the cash discount to customers. Staff must provide disclosures verbally if a customer asks about the fee.

3. Compliance reviews: The finance department will review processing costs and relevant state and federal laws annually (or when laws change) to ensure the non‑cash adjustment remains lawful and accurate. Adjustments to the fee rate will be made if processing costs decrease or increase.

6 Dispute Resolution and Customer Feedback

1. Customer concerns: Customers who believe they have been improperly charged or did not receive a cash discount should contact Caviani Furniture’s customer service at 949-426-5212 or via email at Contact@caviani.com.

2. Regulatory complaints: Customers may also file a complaint with the California Attorney General’s Consumer Protection Division if they believe the Company has misled consumers or violated pricing lawsoag.ca.gov.

3. Refunds: If an error is found, Caviani Furniture will refund any overcharged amount and update internal processes to prevent recurrence.

7 Policy Updates

Caviani Furniture reserves the right to amend this policy to comply with changes in laws, card‑network rules, or business requirements. Any changes will be posted in‑store and online at least 30 days before taking effect.

8 Legal Disclaimer

This policy is intended to provide transparent information to customers about Caviani Furniture’s payment processing practices. It is not legal advice. Customers or businesses seeking legal guidance should consult an attorney.

By shopping at Caviani Furniture, customers acknowledge and accept the terms of this Payment Processing Policy.