Terms of service
Terms of Service
Overview / Agreement to Terms
These Terms of Service (“Terms”) govern your access to and use of our website, online shop, and related services (collectively, the “Services”) operated by 40FIVE (“we”, “us”, or “our”). By visiting, interacting with, or using the Services—including browsing our online catalogue or placing an order—you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or to the Privacy Policy, please do not use or access the Services. We may update these Terms at any time without prior notice; your continued use of the Services constitutes acceptance of any updated Terms. We recommend that you print and retain a copy of these Terms for future reference.
Eligibility and Use of the Website
You represent that you are at least the age of majority in the jurisdiction of your residence and that you have the legal capacity to enter into these Terms. You may be required to create an account and provide certain information (such as your name, email address, billing and shipping details) to access certain features. You warrant that all information you provide is accurate, current, and complete and that you have the right to provide such information. You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You may not transfer, sell, or assign your account or access credentials to any third party. We reserve the right to suspend or terminate your access to the Services if we believe you have violated these Terms or engaged in fraudulent or unlawful activity.
Product Information and Accuracy
We strive to present our products accurately; however, the colors, finishes, textures, and overall appearance of our products may vary due to individual monitor settings, natural variations in materials, and the hand-crafted nature of many items. Natural characteristics—such as grain patterns in wood, variances in stone veining, or patina developing over time—are inherent and desirable features of our products, not defects, and do not qualify for return or exchange . Product descriptions, dimensions, pricing, availability, and other information are subject to change without notice and do not constitute a binding offer. We reserve the right to correct any errors, inaccuracies, or omissions and to refuse or cancel any orders arising from such errors.
Orders and Acceptance
Orders placed through the Services constitute offers to purchase products or services. We reserve the right to accept or decline any order at our sole discretion. Acceptance occurs only when we confirm your order (typically via email) and have processed your payment. We may refuse or cancel orders for reasons including but not limited to product or service availability, errors in the description or price, or suspicion of fraudulent activity. In some cases, we may request additional information or verification before accepting an order. Once an order has been accepted, changes or cancellations may not be possible, especially for made‑to‑order or custom items (see below).
Pricing and Payment Terms
All prices are listed in U.S. dollars and, unless otherwise specified, do not include taxes, shipping, handling, duties, or other applicable charges. We reserve the right to change prices at any time without prior notice; the price charged will be the price in effect at the time of your order and will be set out in your order confirmation. You agree to provide accurate and complete payment information. By submitting payment details, you represent and warrant that you are authorized to use the chosen payment method and that charges incurred will be honored. We may collect payment at the time each item in your order ships. Taxes will be assessed based on the shipping address and applicable law.
Production, Lead Times, and Delivery
Many of our products are made‑to‑order, custom fabricated, or produced in limited runs. Lead times vary depending on the item, customization options, and production schedule. Estimated lead times are provided for your convenience and do not constitute a guarantee. Factors such as material availability, supplier delays, or transportation disruptions may extend production or delivery times. Once production begins on a made‑to‑order item, you may not cancel or modify the order. For stocked items, we typically ship within a few business days of order acceptance; once an item has shipped, cancellation is not possible .
Shipping, Risk of Loss, and Title Transfer
Delivery methods and charges depend on the size, weight, and destination of your order. Small items may ship via standard parcel services; larger items may require threshold or in‑home delivery. Threshold delivery brings items over your front threshold but excludes unpacking, assembly, or removal of packaging, whereas in‑home delivery includes placement in the room of your choice, assembly, and packaging removal . Delivery estimates are provided for convenience only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, weather, or other events beyond our control. All items are shipped pursuant to a shipment contract; risk of loss and title transfer to you when we deliver the goods to the carrier . If you designate a freight forwarder or third‑party carrier, you are responsible for inspecting goods prior to international shipment and for arranging any return shipping .
Returns, Exchanges, and Cancellations
Our returns, exchanges, and cancellations policies reflect the differences between made‑to‑order pieces and stocked items while emphasising quality standards and customer care.
Standard and Stocked Products
We accept returns or exchanges on standard, in‑stock items within fourteen (14) days of delivery. To qualify, the item must be in perfect, as‑new condition and accompanied by proof of purchase. “As‑new” means the product is free from scratches, marks, dents, or evidence of installation; is returned in its original packaging wherever possible; has not been altered; and is securely packed for return transit. Bronze and copper pieces will naturally develop a patina with handling and exposure; however, items showing evidence of prolonged use or outdoor exposure are not eligible for return. Provided these conditions are met, you may elect a full refund, an exchange, or a store credit. You are responsible for all return shipping costs, and original delivery charges are non‑refundable. Applicable taxes will be refunded in accordance with the law.
Made‑to‑Order / Custom Products
Products produced to your specifications or customised are final sale and may not be cancelled, returned, or exchanged once production begins. Because these pieces are crafted for you, they cannot be restocked or resold. In limited circumstances, we may allow cancellation within 24 hours of order placement; any deposits paid may be non‑refundable . Made‑to‑order items are only eligible for return if they arrive defective or damaged (see below).
Damaged or Defective Items
If your order arrives damaged or defective, you must notify us within 48 hours of delivery and provide photographic evidence of the damage. Upon verification, we will arrange for a prompt replacement, repair, or full refund, at our discretion. This policy applies to both standard and custom items.
Cancellations
You may request cancellation of a standard product order before it ships. Once an item has shipped, cancellation is no longer possible . Made‑to‑order products cannot be cancelled once production commences, except within any limited cancellation window we expressly offer .
Initiating a Return or Exchange
To initiate a return or exchange, please contact us at the email address listed below to obtain a return authorization. Returns sent without prior authorization may be refused. We reserve the right to inspect returned items and to deny refund, exchange, or credit if the product is not in as‑new condition or if it fails to meet the requirements described above.
Trade Accounts
We welcome trade professionals, including designers, architects, and developers. Trade clients may apply for a trade account to receive preferential pricing, dedicated customer service, and other benefits. Acceptance into our trade program is at our sole discretion and may require submission of qualifying credentials (e.g., resale certificate, professional license). Trade orders may be subject to separate terms, including minimum order values, deposits, and specific production and delivery schedules. Trade clients remain responsible for all taxes, duties, and compliance with local laws. Custom and made‑to‑order trade items are non‑cancellable and non‑returnable.
Product Use and Care
Our products are designed for residential and, where specified, commercial use. You must use the products in accordance with their intended purpose and any care instructions provided. Many materials—such as natural wood, leather, stone, and metals—develop a unique character over time. Variations in tone, texture, and finish are natural and should be expected; they are not considered defects. Improper care, exposure to extreme conditions (e.g., direct sunlight, high humidity), or unauthorized modifications may void warranties or result in damage not covered by our return policy. For specific care information, please consult our product care guides or contact us.
Intellectual Property
All content on the Services—including text, images, graphics, logos, product designs, and compilations—is the property of 40FIVE or its licensors and is protected by U.S. and international intellectual property laws. Your use of the Services does not grant any right or license to reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content without our prior written consent . We reserve all rights not expressly granted in these Terms.
Limitation of Liability
Your use of the Services is at your own risk. Except as expressly provided by any applicable product warranty, the Services, their content, and any products or services available through the Services are provided “as is” and “as available” without any warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, or non‑infringement . To the fullest extent permitted by law, we and our affiliates, officers, directors, employees, agents, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages—including loss of profits, loss of data, or other losses—arising out of or related to your use of the Services or any products purchased through the Services . If any portion of this limitation is found invalid or unenforceable, our total liability shall not exceed the amount you paid, if any, for the product giving rise to the claim .
Disclaimer of Warranties
Except as expressly stated by 40FIVE, we make no representations or warranties of any kind, express or implied, regarding the products or services offered through the Services. Any reliance on information presented on the Services is at your own risk. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless 40FIVE, its affiliates, directors, officers, employees, agents, service providers, and licensors from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms, your misuse of the Services, or your violation of any rights of a third party .
Governing Law
These Terms and any transactions conducted through the Services shall be governed by and construed in accordance with the laws of the state in which 40FIVE is headquartered, without regard to its conflict of law principles . You agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in that state. Certain jurisdictions may require consumer contracts to be governed by local law; consult your legal advisor to ensure compliance.
Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or relating to the Services or these Terms that cannot be resolved informally shall be resolved by binding individual arbitration rather than in court, except that you or we may assert claims in small claims court if they qualify. Arbitration shall be conducted by a neutral arbitrator pursuant to the rules of a recognized arbitration organization (e.g., the American Arbitration Association). The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. You and we agree to waive any right to a jury trial or to participate in a class action; all claims must be brought in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding . This arbitration agreement may be unenforceable in certain jurisdictions; consult legal counsel to ensure enforceability.
Changes to Terms
We reserve the right to modify or replace these Terms at any time. Changes are effective immediately upon posting to the Services. You are responsible for reviewing the Terms regularly; your continued use of the Services after any changes are posted constitutes acceptance of those changes. If any part of these Terms is held invalid or unenforceable, the remainder will continue in full force and effect.
Contact Information
For questions about these Terms or to initiate a return, cancellation, or dispute, please contact us at:
40FIVE
12227 NE 13th Ct.
North Miami,
FL 33161, USA
T: 786-422-1821
Email: info@40-five.com