Relationship to Terms and Conditions of Sale
This Loaner Furniture Policy forms part of the binding Terms and Conditions of Sale and Website Use governing all transactions with Demarchelier & Co. In the event of any conflict between this Policy and the Terms and Conditions of Sale, the Terms and Conditions of Sale shall control.
Introduction
At Demarchelier & Co., we are committed to ensuring an exceptional client experience. In certain situations—and solely at our discretion—we may provide temporary furniture or décor items (“Loaner Merchandise”) to a customer as a courtesy accommodation.
Loaner Merchandise may be provided when a customer’s purchased item is delayed, custom-made, or otherwise unavailable for immediate delivery.
Acceptance of Loaner Merchandise constitutes agreement to the terms below.
1. Ownership, Nature of Possession, and Condition
All Loaner Merchandise remains the sole and exclusive property of Demarchelier & Co. at all times.
Loaner Merchandise is provided solely as a temporary accommodation and constitutes a revocable loan of property, not a sale, rental, replacement, or transfer of ownership.
Customers acquire no ownership, title, lien, possessory interest, or other rights in the Loaner Merchandise.
Loaner items may be new, showroom, or previously displayed merchandise and are accepted in the condition provided unless otherwise documented at delivery.
Customers agree to exercise reasonable care and maintain the merchandise in substantially the same condition as received, normal wear and tear excepted.
2. Return of Loaner Merchandise
Loaner Merchandise must be returned immediately upon request by Demarchelier & Co.
Unless otherwise agreed in writing, return shall occur prior to or simultaneously with delivery of the customer’s purchased merchandise.
Demarchelier & Co. or its authorized delivery partners will coordinate retrieval. The customer agrees to:
- provide reasonable scheduling availability;
- grant safe access for pickup; and
- ensure merchandise is ready for collection.
Failure to make Loaner Merchandise available for scheduled pickup, refusal of access, unreasonable delay, or lack of cooperation shall constitute non-return under this Policy.
3. Billing Authorization for Non-Return or Damage
If Loaner Merchandise:
- is not returned when requested,
- is lost or stolen,
- is moved without authorization, or
- is returned in damaged condition beyond normal wear,
the customer authorizes Demarchelier & Co. to invoice the customer for:
- the full current retail value of the merchandise;
- delivery, recovery, repair, or replacement costs; and
- any administrative or handling expenses.
Such invoices are immediately due and payable under Demarchelier & Co.’s standard payment terms.
Unpaid balances may accrue late fees, interest, collection costs, and reasonable attorney’s fees as permitted under the Terms and Conditions of Sale.
Failure to return Loaner Merchandise may be treated as wrongful retention of property and pursued through all available legal remedies.
4. Customer Responsibility and Risk of Loss
Customer assumes full responsibility for the care, custody, and safekeeping of Loaner Merchandise while in their possession.
Customer bears risk of loss for damage, theft, destruction, or disappearance of Loaner Merchandise regardless of cause while in Customer custody.
Loaner Merchandise may not be:
- altered,
- refinished,
- relocated,
- transferred,
- sub-loaned, or
- used for commercial staging or resale
without prior written consent from Demarchelier & Co.
5. Courtesy Accommodation; No Warranty or Obligation
Provision of Loaner Merchandise is a discretionary courtesy and does not create:
- a continuing service obligation,
- modification of delivery timelines,
- additional warranty rights, or
- entitlement to future loaner merchandise.
Demarchelier & Co. may terminate any loaner arrangement at any time for commercially reasonable reasons.
6. Commercial Reasonableness and Cooperation
Customers agree to cooperate in good faith with all scheduling, delivery, and retrieval efforts related to Loaner Merchandise.
All actions taken by Demarchelier & Co. under this Policy shall be interpreted according to commercially reasonable practices customary within the home furnishings industry.
7. Incorporation by Reference
This Loaner Furniture Policy forms part of and is incorporated into the Demarchelier & Co. Terms and Conditions of Sale and Website Use, including without limitation:
- Payment Information Policy
- Shipping & Return Policy
- Dispute Resolution and Collection Provisions
Acceptance of Loaner Merchandise constitutes acknowledgment and agreement to those Terms.