Terms and Conditions

These Terms and Conditions govern the use of SIMPLY DREAMY’S websites, applications, products, and services, as well as any services rendered, listing for sale of, and purchase of any furnishings or décor therein (herein “Services”). Upon use of Services, you agree to be bound by and comply with these Terms and Conditions.

For the purposes of these Terms and Conditions, the term “Client” shall refer to and mean anyone utilizing SIMPLY DREAMY’S services to assist in managing your business(es). The term “Consultant” shall refer to and mean anyone working for SIMPLY DREAMY, LLC as an independent contractor providing administrative or technical services.

For the purposes of these Terms and Conditions, the term “Consignor” shall refer to and mean anyone utilizing SIMPLY DREAMY’S services to assist in the listing and selling of any furnishings and/or décor. The term “Buyer” shall refer to and mean anyone purchasing furnishings and/or décor through SIMPLY DREAMY.

A. FOR CONSIGNORS:  The following Terms shall apply to all Consignors utilizing SIMPLY DREAMY’S services:

  A.1.  Pricing and Payment

SIMPLY DREAMY Inc. will pay consignor 65% of the selling price of any items sold during the first 30 days of the contracted period. SIMPLY DREAMY will consult with the Consigner to reach mutually agreed upon selling price and minimum selling price to be listed on the SIMPLY DREAMY selling prices chart below. After 90 days, the selling price will be automatically adjusted to the lowest selling price on the contract.
SIMPLY DREAMY reserves the right to renegotiate the selling price on any given piece if it is delivered to SIMPLY DREAMY warehouse in a condition that is not consistent with written descriptions or the consignors contract.

In the event an adjustment in the price needs to be made to expedite the sale of the consigned item, SIMPLY DREAMY will have the authority to adjust pricing on behalf of the Consignor for the sale. 

After 180 days (6 months) the consignor will be contacted with the option of further reducing the selling price of any consigned items or reclaim the good(s). There is also an option to begin paying monthly storage fees at a rate of $35 per item per month (see storage section for further details). SIMPLY DREAMY will evaluate a best course of action with the consignor which may include further reducing selling prices, arranging for the item to be donated to a charity in the name of the consignor, or helping the consignor to arrange pick up at the consignor’s expense.

If the consignor cannot be reached for any reason, after 30 days, the consigned items will be the property of SIMPLY DREAMY to dispose of or donate at the sole discretion of SIMPLY DREAMY, LLC.

In the event that SIMPLY DREAMY sells a consigned item, the Consignor shall be paid upon delivery and final approval of the Buyer. Payments to Consignors are sent the 15th of the month. An inventory report is generated upon request.  

  A.2.  Selling Policy

SIMPLY DREAMY requires exclusive selling rights to all items being stored by SIMPLY DREAMY. Any item being stored by SIMPLY DREAMY is considered under contract. If Consignor or any outside party contracts to sell any of the items under contract, SIMPLY DREAMY shall receive a 35% commission of the maximum-selling price listed on the SIMPLY DREAMY selling prices page plus all applicable storage fees.

The Seller agrees to allow SIMPLY DREAMY to rent, memo, or show (promotional events, design based selling platforms or blogs) any consigned items that are being stored by SIMPLY DREAMY for the purposes of exposure and potential sale of merchandise. In such cases, SIMPLY DREAMY will be the responsible party should loss or damage occur during transit and display.

  A.3. Description of Items for Sale

It is the Consignor’s responsibility to provide SIMPLY DREAMY with an accurate depiction of all items for sale including brand, name and dimensions of each piece listed. In addition, SIMPLY DREAMY will ensure descriptive photographs of merchandise to be sold meets the current market pricing standards.

  A.4. Condition of Items for Sale

SIMPLY DREAMY may require minor repairs or refinishing prior to listing on SIMPLY DREAMY site for sale. However, we do require all upholstered items to have a light cleaning, and sometimes a deep cleaning depending on the condition, prior to listing on the SIMPLY DREAMY web site for sale. If any such maintenance is required, the Consignor may have the service done prior to delivery to SIMPLY DREAMY at Consignor’s expense. Alternatively, SIMPLY DREAMY can recommend a cleaning or refinishing service and make all arrangements for the necessary services to be rendered at the Consignor’s expense. SIMPLY DREAMY will not be held responsible for any perceived damage resulting from an attempt by a recommended service provider to improve the condition of the consigned items.

In the event an adjustment in the price needs to be made to expedite the sale of the consigned item, SIMPLY DREAMY will have the authority to adjust pricing on behalf of the Consignor for the sale. 

  A.5. Storage of Consigned Items

In most cases, SIMPLY DREAMY will choose to store contracted items. SIMPLY DREAMY Storage is free for the first 180 days (6 months). After the first 180 days storage fees are $35.00 per item, per month, thereafter. SIMPLY DREAMY shall determine what is considered to be a single item. For example, 6 dining chairs will be considered one item. Storage fees will be deducted from the amount owed to the Consigner (after the item is sold). Any item that is being stored by SIMPLY DREAMY is considered under contract until either party terminates the contract and the consigned items are picked up. Consigned items must be picked up within 5 business days of contract termination or be subject to a $10 a day fee for each additional day. SIMPLY DREAMY may terminate storage agreements at any time for any reason. SIMPLY DREAMY is not obligated to store consigned items beyond the contracted period and cannot not be held responsible for consigned items that are abandoned by Consignor. If Consigner (Seller) wishes to terminate his or her agreement with SIMPLY DREAMY and remove stored items from the SIMPLY DREAMY warehouse, the consigner will be billed for storage fees for all months that the item was stored at a rate of $35.00 per item, per month, per consigned item. Consigned furniture can be picked up after storage fees are paid in full and the account is settled.

  A.6. Damages and Defects

The Consignor MUST divulge all damages and or defects (visible and invisible) to SIMPLY DREAMY and detail each instance of damage in the space provided on the Consignment Agreement. Supportive pictures must be provided to accompany all reports of visible damage or defect. SIMPLY DREAMY SHALL NOT BE RESPONSIBLE FOR ANY UNDISCLOSED HIDDEN DAMAGES AND FAILURE TO DISCLOSE DAMAGES MAY BE CAUSE FOR TERMINATION OF THIS AGREEMENT. If a Buyer refuses a piece of furniture due to notable inaccuracies in the contracted condition report, the Buyer will be refunded and Consignor will be responsible for all return shipping charges.

  A.7. Representations and Warranty by the Consignor

Consignor hereby warrants and represents that all information provided to SIMPLY DREAMY is true, accurate, and complete. Consignor represents the sole owner of the product(s) consigned to SIMPLY DREAMY. In the event of a dispute by another party, SIMPLY DREAMY will release the items to the Consignor upon remedy of any outstanding fees.

  A.8. Listing of Items

SIMPLY DREAMY reserves the right to display your listing(s) for items on other websites and/or social media platforms, including but not limited to Facebook, Twitter and Pinterest. Consignor agrees and acknowledges that SIMPLY DREAMY may use, distribute, republish, reproduce, modify and publicly display the content of the listing(s) on SIMPLY DREAMY’S website and on other platforms and websites, for the purpose of providing Services and promoting the sale of Consignor’s item(s).

  A.9. Termination of Consignor’s Agreement

Either SIMPLY DREAMY or the Consignor may terminate this contract at any time. Notification of termination must be received in writing prior to the contract termination date. If notification has not been received prior to the contract termination date, the Consignor’s contract will automatically renew on a monthly basis until either party terminates the contract in writing. All Items being stored at SIMPLY DREAMY must be picked up within 5 business days of contract termination or be subject to a $10 a day fee for each additional day. All fees including cleaning, repair, and storage must be paid in full prior to pick up.

B. FOR BUYERS:

If you purchase any items from SIMPLY DREAMY’S retail location, pop up shops or website, you agree to the following:

   B.1. Payment

SIMPLY DREAMY accepts cash (in store only) major credit cards, and direct pay providers (Zelle, Cashapp, etc) for the purchase of all items. You agree that SIMPLY DREAMY can charge your credit card automatically at the time of purchase. All prices are in US Dollars only.   You further agree that if your charge is later declined or reversed for any reason, you shall be responsible to SIMPLY DREAMY for the full purchase price of the item, along with any fees, interest or other charges incurred by SIMPLY DREAMY in connection with the decline or reversal of the credit card charges. Such payment of the reversed or declined purchase price plus all fees and/or other charges shall be made within ten (10) business days of the written notification by SIMPLY DREAMY of the refusal of the charge, in cash or Cashier’s Check, only, delivered to SIMPLY DREAMY’s retail location.

SIMPLY DREAMY shall not be liable to you if a transaction is not completed due to any limits on the use of your credit card, debit card or electronic funds transfer due to your agreement with your financial institution or by applicable law, or if a financial institution fails to honor any credit or debit purchase.

  B.2. Transportation of Purchased Items

The Buyer is responsible for any delivery charges after consigned item has been purchased from SIMPLY DREAMY or the item’s location (if not stored or displayed at SIMPLY DREAMY) to the Buyer’s designated delivery location. While a SIMPLY DREAMY representative may recommend a delivery service and furnish an estimate of the charges, the Consignor and Buyer have the option of selecting their own insured and bonded delivery service. SIMPLY DREAMY is not responsible for any damage to consigned items during transit. It is the responsibility of the buyer to carefully inspect all delivered items upon delivery. Any discrepancies in condition of the purchased item must be noted by the delivery team prior to their departure from the delivery site. Should damages occur, SIMPLY DREAMY must be contacted immediately for follow up. SIMPLY DREAMY cannot be held responsible for any item that is damaged in transit if the BUYER has neglected to inspect and notify both the shipper AND SIMPLY DREAMY of said damages. Should a buyer select their own delivery or shipping service, SIMPLY DREAMY cannot be held responsible for any claims that may be filed against the company for damages.

If a buyer arranges pick up of a purchased item(s), the risk of damage transfers to the buyer or the delivery person or service arranged by the buyer as soon as the sold item has been lifted or moved from its original position/location within (or just outside) Simply Dreamy premises. SIMPLY DREAMY does not have warehouse staff. Appropriate manpower and packaging materials must be provided by the buyer for all pickups. If a buyer requests the assistance of Simply Dreamy staff to move or load a sold item, we will do our best accommodate the request. However, the risk of damage remains with the buyer during the move. SIMPLY DREAMY staff is not obligated to assist with moving sold items and will only do so if they feel it is safe for them and or the piece that is being moved.

  B.3. Return of Purchased Items

SIMPLY DREAMY will not accept damaged or altered merchandise. Simply Dreamy understands people change their minds but items must be inspected prior to final sale. ALL SALES ARE FINAL and all purchase prices become NON-REFUNDABLE.

  B.4.  Miscellaneous Terms

Listings. While we strive to provide accurate listing information on each item presented for sale, SIMPLY DREAMY does not guaranty that the listing is fully accurate regarding the condition of any item listed for sale and further cannot guaranty the authenticity of any item. SIMPLY DREAMY is not responsible for the accuracy of listing information provided by Consignors, has no obligation to independently vet the rights of any Consignor to sell any item, and is not responsible for the condition of the item upon delivery that differs in any way from the listing. You acknowledge that the items listed for sale by SIMPLY DREAMY are used and are being sold without any warranties of any kind.

Availability for Sale. Items for sale on SIMPLY DREAMY cannot be duplicated or replaced by SIMPLY DREAMY should they become unavailable for sale for any reason. SIMPLY DREAMY reserves the right to list items on its website for sale that are also displayed in its retail location for sale. From time to time, an item may still be listed as available for sale on the website after having been sold in our retail location. Should such an item become unavailable for sale while your online transaction is being processed, SIMPLY DREAMY shall refund any charges for purchase price made by you, and if requested, can assist you in locating a similar item for sale. 

Further, if another purchaser places an online order for a particular item before you do, you may not be the successful purchaser of an item. In such a situation, where the order cannot be accepted by SIMPLY DREAMY because a previous order for that same item has already been accepted, SIMPLY DREAMY will advise you of the same and refund any charges of purchase price that may have been made.

While we at SIMPLY DREAMY strive to keep our site current and remove any items from our site that have been purchased or withdrawn from sale by the Consignor, we cannot guaranty that all items featured on our website at any time are available for purchase at the time you visit the website.

C. TERMS APPLICABLE TO ALL PARTIES

  C.1.  Taxes

SIMPLY DREAMY is not responsible for the payment of any sales, use, personal property or other governmental tax or levy imposed on any item sold or purchased through the website or otherwise arising from a transaction, other than on SIMPLY DREAMY’S own income.

  C.2.  Indemnification

By utilizing SIMPLY DREAMY’S Services, You and all of your heirs, assigns, officers, directors, employees, and successors in interest, agree to hold harmless, relieve, indemnify and discharge SIMPLY DREAMY and it’s officers, directors, employees, assign and successors in interest from any and all liability, including reasonable attorneys’ fees and costs, for any loss and/or injury and/or damages to any person and/or property that may be sustained arising out of the use of SIMPLY DREAMY’S website, Services and/or the purchase or sale of any items, and any breach by You of these Terms and Conditions.

  C.3.  Trademarks and Intellectual Property

All Buyers, Consignors and users of the SIMPLY DREAMY website acknowledge and agree that SIMPLY DREAMY’S names, trademarks, graphics, logos, slogans and service names utilized in the store and/or on the website are the exclusive property of SIMPLY DREAMY LLC and shall not be used without express written permission by SIMPLY DREAMY LLC.   You further acknowledge and agree that the content of the website and all information contained therein is the property of SIMPLY DREAMY LLC, protected by copyright, and cannot be copied or reproduced in any way without the express, written permission of SIMPLY DREAMY LLC. You agree not to store, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on SIMPLY DREAMY’S website for any commercial purposes.

  C.4. Security

We follow reasonable standards to protect all information submitted through the SIMPLY DREAMY website and to our retail location, both during transmission and after receipt. No method of transmission via the internet is completely secure, and although we use commercially acceptable methods to protect all personal information, we cannot and do not guaranty its complete security. We will notify buyers and consignors if there is a breach of data.

  C.5. Errors and Delays

SIMPLY DREAMY is not responsible for any errors or delays in responding to a request for information, purchase order or any other communication caused by an incorrect e-mail address provided by You and is not responsible for any delays caused by any other technical difficulties by third-party providers.

  C.6.  Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SIMPLY DREAMY BE HELD RESPONSIBLE FOR ANY DAMAGES THAT ARISE OUT OF THE USE OF SIMPLY DREAMY’S WEBSITE OR ANY SERVICES, THE SALE OR PURCHASE OF ITEMS, THE SERVICES PROVIDED BY SIMPLY DREAMY, ANY INABILITY TO USE THE WEBSITE OR OTHERWISE.

  C.7.  Jurisdiction

By accessing SIMPLY DREAMY’S website, You agree that such use shall be governed by the laws of the State of Ohio, regardless of any conflict of laws and that any dispute between You and SIMPLY DREAMY LLC, whether arising out of Your use or access of the website, or the sale or purchase of any items, shall be adjudicated within the Superior Court of the State of Ohio. You hereby explicitly agree to the jurisdiction of the Courts of the State of Ohio and venue therein.

  C.8.  Site Modification

SIMPLY DREAMY reserves the right to modify these Terms and Conditions, our policies and/or the content of our website at any time, for any reason, without specific notice to you. You agree that it is your responsibility to review these Terms and Conditions each time you visit the website. Once posted on the website, revised Terms and Conditions become effective twenty-four (24) hours after posting.