Terms & Conditions
Price and Payment
The Price is as indicated by ORCA at checkout or by quote. Quotes are valid for up to one month (30 days). ORCA reserves the right to update the Price due to variations in cost over time related to shipping, procurement, material costs, production costs and insurance. The Price is due before delivery of goods or services.
Shipping and Delivery
Lead times given by ORCA are estimates only and do not include transit time. ORCA cannot guarantee transit times and the Customer must still accept delivery of goods even if delivery occurs later than anticipated. ORCA is not liable for any costs incurred as a result of goods being delivered late.
Showers, Samples, and Accessories ship small parcel via UPS Ground. Rates are calculated at checkout. Expedited shipping services are available only by email request to hello@orcaliving.com. Customer is responsible for inspecting delivery for any damage incurred during shipping and notifying ORCA within 48hrs of any missing parts or damage. If the package is returned to the sender due to a failed delivery attempt, ORCA reserves the right to forward the costs associated with redelivery, or with restocking (30% restocking fee).
Oversize items such as Furnishings and Pavers ship via palletized Freight with Delivery Appointment. The shipping rate calculated at checkout is determined by searching multiple LTL carriers and selecting the best rate available. Freight rates will be calculated at checkout or by custom invoice and are valid for one month (30 days). If a residential address is detected at checkout, the price of shipping includes Liftgate & Residential service, though this does not guarantee LTL shipping will be possible. Customer is responsible for notifying ORCA in advance regarding limited access for freight vehicles at the delivery destination, such as (but not limited to) narrow or windy roads, streets with low hanging trees. Special booking and additional fees will apply in such instances and must be custom-quoted. Freight delivery drivers are not authorized to move product any further than the curb unless advanced arrangements for Inside Delivery were made at time of booking.
ORCA will contact Customer upon completion of order before booking freight. ORCA can hold shipment on behalf of the Customer for up to 30 days. After this, storage fees will incur a $200/week.
Typical freight transit times are 1-7 business days depending on the Customer’s delivery location. ORCA will provide a shipment PRO number (tracking number) once freight is in transit. Freight tracking usually estimates the date cargo arrives at the freight terminal nearest the final delivery address. Within 1-2 days of this date, the Freight carrier will contact the number provided at checkout to schedule a delivery appointment. If the carrier is unable to reach customer by telephone to schedule delivery, resulting in a delay, they may charge storage penalties. For this reason it is imperative that the Customer enter a valid telephone contact at checkout. ORCA reserves the right to forward the Carrier’s storage costs to the Customer.
At time of delivery, the Customer is responsible for inspecting the pallet(s) for any damage that occurred during shipping. A small amount of breakage (less than 5%) is normal in tile and paver deliveries, but if severe damage is discovered, the Customer must take pictures, note “Refused due to damage” on the carrier's paperwork, and contact ORCA immediately to file a claim. Claims discovered after 48 hours will likely not be processed by the carrier, so it is the recipient’s responsibility to thoroughly inspect the product at the time of delivery.
ORCA recommends ordering 10-15% overage on paver orders to account for breakages that occur in transit, and also for cuts in the field during installation.
Returns and Refunds
Refer to your Product’s landing page for information whether the item is In-Stock or is Made-To-Order. In-stock items such as Hardware and Accessories can be returned in new, unused condition within 30 days of delivery. Please note there is a 30% restocking fee on showers, to be deducted from the final refund. Made-to-order items such as Pavers, Furnishings, and Firepits cannot be canceled or refunded after 24hrs from payment.
Returns of defective or incorrectly fulfilled product are accepted but must be reported within seven days of delivery. Please write a claim and send pictures to hello@orcaliving.com and ORCA will send replacement(s) as soon as possible.
ORCA does not offer free returns but can assist the Customer with creating a return ship label, the cost of which would be deducted from the Customer’s final refund. Requests for return labels should be sent to hello@orcaliving.com.
ORCA advises using sufficient care and materials to ensure returned items arrive undamaged and in their original condition. ORCA is not responsible for items lost, damaged or stolen in the mail.
Warranty
ORCA DESIGN LLC hardware, furniture, and pavers carry a 1 year limited warranty to the original consumer purchaser to be free from defects in material and workmanship. This warranty is void for any damages due to misuse, abuse, neglect, accident, improper installation, improper care of finishes, or use of any replacement parts. This warranty is made to the original consumer purchaser in the original installation and is effective from the date of purchase as shown on purchaser’s receipt. ORCA Design will not be liable for any labor or other expenses or for damages of any kind or nature incurred in connection with the sale, use, or replacement of any defective products or parts or portions thereof. Orca Design neither assumes nor authorizes any other person to assume for it any other liabilities in connection with the sale or use of its products.
Our Products are intended for outdoor use only. If Customer wishes to install indoors, our warranty is voided. Please note while some products are fine to use indoors, such as Clay tiles, they are subject to different maintenance requirements and any application of a sealing or cleaning product voids this warranty. Normal wear and tear and patina from exposure to the elements is expected and not covered by this warranty.
Commercial Warranty
ORCA Design extends the above limited warranty to purchasers of products for industrial, commercial and business use upon the same terms and conditions and exclusions applicable to residential purchasers.
Variation of Materials
ORCA’s products are made in small batches from natural materials like wood, clay, and metals and may vary in color, shade, tone, grain, and markings from the samples provided. Exposure to weather and water may mark, stain, and alter the appearance from its original state.
Variation of Fabrication
ORCA’s products are made by humans with the assistance of traditional technologies in brick-making, wood-working, and metal-working. Slight variance may occur between the shipped product and the information provided on Specification Sheets and online dimensions. Customer acknowledges that these small deviations do not substantially affect their use of the products, nor entitle them to reject or return them.
Installation
ORCA provides suggestions on its website in the form of product installation and care guides. As stated in these guides, they are written for a general audience and do not replace the specialized and professional advice of builders, contractors or architects. ORCA always recommends working with a licensed professional and is not liable for any product failure resulting from incorrect installation.
Plants (Design Clients Only)
Plant approval process for procurement is to be done via submission of planting plan including occasional images and planting schedule for client approval prior to ordering. Once plants are ordered many times substitutions are required due to limited availability within plant nurseries. When plant subs are made an email describing alternate plants will be submitted to the client for approval. Plant delivery date will be communicated to the client for the option of reviewing plants and rejecting specimens that are delivered.
Note that additional equipment is required to offload trees and specimens larger than 25g. The costs of renting such equipment are not included in ORCA’s scope and are the responsibility of the Client or General Contractor.
Once submitted and approved plants have landed on site and received all plant sales are final. It is the responsibility of the Client to review and reject any plants prior to planting. If a plant is rejected ORCA will manage the procurement of 1 additional specimen via an exchange with the nursery. Once the plant has been installed in the Client’s yard, it is the Client’s property and responsibility. ORCA does not replace plants once they have been planted.
Deposits (Design Clients Only)
For special orders and custom work, a 50% upfront Deposit is required to pay our fabricators to order materials and secure the labor time for fabrication. The 50% balance is due when the custom work is complete and ready to ship. Once a deposit has been received it serves as a confirmation for the order to be made and delivered. ORCA does not refund Deposits or orders once a custom order has been placed in production.