Terms and Conditions

TERMS & CONDITIONS OF SALE:

  1. All sales are final: Sales are final as fixtures are all custom made to order per specifications of each client. No credits, refunds or exchanges unless otherwise agreed in writing at time of sale. We reserve the right at our discretion to accept returns of items with a 20% re-stocking fee.
  2. Conditions of product: All designs are property of Gaspare Asaro (Sphere NYC LLC) and reserve the exclusive right to all designs, drawings, plans, and custom projects. Design details are subject to change without notice. All of our fixtures and components are hand crafted by skilled artisans, contributing to the uniqueness and of each piece. These hand working techniques and materials mean minor variations and imperfections (marks, blemishes, etc.) in the finishes and glasses may occur. Dimensions (including weights) are approximate and final products may have minor size variations up to 5”.
  3. Payment terms: All orders with an item value of $10,000.00 or less, require payment in full to be placed in production. Items over $10,000.00 require a minimum deposit of 50% to be placed in production with the remaining balance due prior to shipping from Italy. If applicable, the outstanding balance is due within three business days of final invoice being sent to the client. This coincides with product completion date and will help to avoid shipping delays. Receipt of payment will be considered as acceptance of all terms listed here. We accept payment by wire transfer and check. We also accept via Visa, MasterCard, and Discover with a 3% processing fee. We do not accept American Express.
  4. Pricing: Pricing of our fixtures is subject to change without prior notice. Pricing for both items and shipping are valid 15 days from date of written quotation issued.
  5. Order Accuracy and Lead Time: Lead time quoted does not begin until all drawings are approved and all details are confirmed. We will not be held responsible for discrepancies in specifications or details; the details signed off by each client supersede any conflicting details. Clients must review and sign each individual drawing prior to order processing.
  6. Services: Gaspare Asaro (Sphere NYC LLC) will not be responsible for any damage or delays caused by a 3rd party independent of Gaspare Asaro (Sphere NYC LLC). This is inclusive of but not limited to Shipping, Installation and Repair services.
  7. Shipping: Orders will be shipped via FedEx, DHL or another carrier of our choosing. Unless specified otherwise in writing, all deliveries will be to the ground floor or curbside only. Client arranged shipping is not allowed unless explicitly agreed upon in writing with prior to order placement.
  8. Tariffs: Prices include up to 15% US tariffs on goods imported from Italy. Tariffs above this amount may be passed on to the purchaser at the time of shipping.
  9. Taxes: All applicable taxes shall be added to the purchase price and paid by the purchaser. If taxes are not applicable, the purchaser must provide a completed and signed ST-120 New York resale form prior to purchase.
  10. Warranty and Damages or Defective Items:
    1. Damages or Defective Fixtures: Purchasers must examine merchandise upon delivery and report any damage to Gaspare Asaro (Sphere NYC LLC) within seventy-two (72) hours of receipt. Claims for damage will not be honored after that period. Due to the value of our fixtures, we ship all orders with a signature required, unless notified prior to shipping. All packaging must be retained when making a claim for damage and visible damage must be noted in writing with the shipper at the time of receipt. If a fixture is delivered with damaged packaging, it must be inspected at the time of receipt for defects or deficiencies. We will not be liable for anything beyond replacement or repair of defective or deficient fixtures and will not be held responsible for installation expenses incurred as a result of a deficiency or defect.
    2. Warranty: Products come with a 1-year warranty from the date of delivery covering only the electrical functionality of fixtures. The warranty does not cover weathering or aging of the patina/finish. The warranty is limited to repair or replacement of the fixture itself and does not extend to auxiliary charges such as site work or electrician fees. The determination of whether repair or replacement is appropriate will be made by Gaspare Asaro (Sphere NYC LLC) at our sole discretion. Any approved repair work must be performed at one of our approved locations. Any unauthorized repairs or modifications will void this warranty entirely. Incorrect installation, or failure to follow our care instructions will void this warranty entirely. It is the purchaser’s responsibility to ensure the fixture is suitable for the space and climate it is being installed in. It is the purchaser’s responsibility to ensure a certified professional determines the correct hardware to use for your specific wall or ceiling (including electrical junction boxes). Gaspare Asaro (Sphere NYC LLC) is not liable for defective or improper site preparation or installation work. This warranty does not cover damages as a result of weathering, misuse or neglect of product, or normal wear and tear. No waiver or modifications of these conditions will be valid unless accepted in writing and signed by an owner of Gaspare Asaro (Sphere NYC LLC).
  11. Electrical Wiring: All electrical fixtures unless noted otherwise are UL Listed, suitable for dry/indoor locations. Such certification will be performed by Gaspare Asaro (Sphere NYC LLC) or another 3rd party of our choosing. UL listed products will have the appropriate UL sticker applied to the fixture, which serves as the sole reference provided for the certification. No other UL Listed documentation will be provided.
  12. Storage: Upon communication that an order is “ready”, items can be stored or delayed from shipping for a maximum of 30 days without penalty. Such delay may cause the item to miss the next shipping window and be delivered after 30 days. Items not allowed to ship within 30 days will incur a storage fee equivalent to 5% of the item sale price, per month.
  13. Order Abandonment: Any orders retained in our storage facility for 3 months and not paid in full will be considered abandoned and can be cancelled at our discretion, with a 20% restocking fee.
  14. Delays and Cancellations: Gaspare Asaro-Italian Modern (Sphere NYC LLC) is not responsible for any delays caused by Force Majeure, including pandemics, acts of war and other natural hazards. We reserve the right to cancel any order for any reason and at any time in which case the purchaser will be issued a full refund.
  15. Uniform Commercial Code: No provisions of this invoice shall be construed as limiting in any manner, any of the rights or remedies available to us under the Uniform Commercial Code as in force and effect in the State of New York.
  16. Controlling Provisions: These terms and conditions shall supersede any provisions, terms and conditions contained on any confirmation of order, purchase order, or other writing the purchaser may provide. The rights of the parties shall be governed exclusively by the provisions, terms and conditions hereof, except upon agreement in writing by the purchaser and Gaspare Asaro (Sphere NYC LLC).