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Terms Of Use

Governing Purchase Agreement

These Terms and Conditions of Sale and Website Use (“Terms”) constitute a legally binding agreement governing all purchases, transactions, services, and use of the Demarchelier & Co. website and related services (collectively, the “Site and Services”).

By placing an order, submitting payment, creating an account, or accepting delivery of merchandise, you enter into a binding contract of sale with Demarchelier & Co. and agree to be bound by these Terms in their entirety.

1. Agreement Between Customer and Demarchelier & Co.

Welcome to demarchelier.co. The demarchelier.co website is operated by Maison Demarchelier, LLC (“Demarchelier & Co.”).

The Site and Services are offered conditioned upon acceptance of these Terms without modification. Use of the Site or placement of an order constitutes acceptance of these Terms.

Demarchelier & Co. offers furnishings and home décor products for sale through its Site and Services.

2. Terminology

For purposes of this agreement:

  • “Customer,” “you,” and “your” refer to any individual or entity placing an order, creating an account, or engaging in a transaction with Demarchelier & Co.
  • “Terms of Use” and “Terms and Conditions” are interchangeable and legally equivalent references to this agreement.

3. Consent to Related Contractual Policies

Your purchase and use of the Site and Services constitutes agreement to be bound by all related contractual policies, including:

These policies form part of the contractual agreement between Customer and Demarchelier & Co.

4. Electronic Communications

Visiting the Site, placing orders, or communicating electronically with Demarchelier & Co. constitutes electronic communications. Customer consents to receive agreements, notices, disclosures, and communications electronically, which satisfy all legal writing requirements.

5. Electronic Records; Proof of Transactions and Performance

Electronic records maintained by Demarchelier & Co. in the ordinary course of business shall constitute admissible and reliable evidence of transactions, performance, fulfillment, and communications.

The following records constitute prima facie evidence of agreement and performance:

  • order confirmations;
  • payment authorizations;
  • invoices and account statements;
  • shipment confirmations and carrier tracking records;
  • delivery scans and carrier confirmations;
  • warehouse staging records;
  • scheduling communications;
  • emails, chat communications, and service correspondence;
  • electronic read receipts and access logs; and
  • internal business system records.

Such electronic records carry the same legal effect as original paper documents.

6. Customer Accounts

Customers are responsible for maintaining account confidentiality and all activity occurring under their credentials.

Demarchelier & Co. may refuse service, terminate accounts, cancel orders, or remove content at its sole discretion.

7. Children Under Thirteen

Demarchelier & Co. does not knowingly collect information from persons under age thirteen. Customers under eighteen may use the Site only with parental permission.

8. Third-Party Services

The Site may contain links or integrations with third-party providers. Demarchelier & Co. is not responsible for third-party content or operations. Customer consents to information sharing necessary to provide requested services.

9. Intellectual Property and Permitted Use

All content, graphics, software, and materials forming part of the Site and Services remain the property of Demarchelier & Co. or its licensors and are protected by intellectual property laws.

No content may be copied, modified, resold, reverse engineered, or exploited without written authorization.

10. Required Customer Resolution Process

Demarchelier & Co. is committed to resolving customer concerns promptly and in good faith. As a condition of purchase and use of the Site and Services, Customer agrees to first contact Demarchelier & Co.’s Client Services team to seek resolution of any question, concern, delivery issue, billing matter, or product-related complaint prior to initiating any payment dispute, chargeback, claim, or reversal through a financial institution or payment processor.

Customer agrees to provide Demarchelier & Co. a reasonable opportunity to investigate and resolve the matter through direct communication.

Submission of a payment dispute or chargeback without first attempting good-faith resolution may constitute breach of these Terms.

Nothing herein limits Customer’s legal rights; however, payment disputes are intended as a remedy of last resort.

Failure to follow this resolution process may be considered evidence of chargeback misuse or bad-faith conduct in arbitration or collection proceedings.

11. Payment Disputes

A payment dispute, including any chargeback or reversal initiated through a financial institution, constitutes a formal claim against payment.

11.1 Effect of a Payment Dispute

Order Hold
The affected order will be placed on hold pending resolution, which may require up to ninety (90) days.

Stock Reallocation
Allocated inventory may be released for sale to other customers during the dispute period.

11.2 What a Payment Dispute Does Not Do

A payment dispute does not:

  • cancel an order;
  • override these Terms or related contractual policies; or
  • relieve Customer of payment obligations.

11.3 Obligations Upon Dispute

Customer remains responsible for payment of merchandise regardless of dispute outcome.

If payment is reversed, Demarchelier & Co. may issue an invoice for the outstanding balance, immediately due and payable.

Unpaid balances may accrue fees, interest, and collection costs as permitted by law.

11.4 Fraud Prevention and Chargeback Abuse

Demarchelier & Co. maintains a zero-tolerance policy toward fraud or chargeback abuse. Use of payment disputes to circumvent contractual obligations may result in:

  • account restriction;
  • reporting to credit agencies where permitted;
  • collection action; and
  • legal proceedings to recover full amounts owed.

11.5 Dispute Fees

Customer remains responsible for all dispute-related fees assessed by payment processors, issuing banks, or Demarchelier & Co., regardless of dispute outcome.

12. Promotional Pricing and Discount Eligibility

Demarchelier & Co. may offer promotional pricing, discounts, trade pricing, courtesy adjustments, or incentives (“Promotional Pricing”).

Promotional Pricing is conditional and extended solely upon Customer compliance with these Terms.

Eligibility requires:

  • successful and final completion of payment;
  • absence of disputes or chargebacks;
  • compliance with all contractual policies;
  • maintenance of account in good standing; and
  • satisfaction of promotional eligibility requirements.

Promotional Pricing does not constitute a permanent price reduction.

If payment is reversed, disputed, or invalidated, Demarchelier & Co. may revoke Promotional Pricing and reinstate the full standard selling price.

Revocation of Promotional Pricing is not a penalty but reinstatement of the original contractual purchase price.

Demarchelier & Co. may invoice Customer for any resulting balance, immediately due and payable.

Customer Acknowledgment of Conditional Pricing

Customer acknowledges that the non-discounted selling price represents the true contractual purchase price and that promotional pricing is conditional consideration subject to continued compliance with these Terms.

13. No Setoff; No Withholding of Payment

All payments owed shall be made in full without deduction, offset, counterclaim, withholding, or reduction.

Customer may not reduce or reverse payment due to dissatisfaction, delivery timing, or pending disputes.

Payment obligations remain independent of any claim unless adjusted in writing by Demarchelier & Co.

Unauthorized withholding constitutes material breach and may trigger enforcement remedies.

14. Merchant Remedies; Account Standing

Demarchelier & Co. reserves the right to protect its operations and inventory through reasonable commercial actions.

Demarchelier & Co. may:

  • suspend or cancel orders;
  • refuse future transactions;
  • revoke promotional or loyalty privileges;
  • require alternate payment methods;
  • restrict or terminate accounts; or
  • decline further business.

Accounts are deemed not in good standing where Customer initiates payment disputes, violates policies, or breaches these Terms.

Exercise of these rights constitutes commercially reasonable business protection.

15. Collection Costs and Recovery Expenses

Any unpaid balance constitutes a debt owed to Demarchelier & Co.

Customer agrees to reimburse Demarchelier & Co. for all reasonable collection costs including:

  • attorney’s fees;
  • court and arbitration costs;
  • collection agency fees;
  • investigation expenses;
  • administrative expenses; and
  • judgment enforcement costs.

Acceptance of partial payment does not waive remaining rights unless confirmed in writing.

16. Commercial Reasonableness

All actions taken by Demarchelier & Co. under these Terms shall be interpreted according to commercially reasonable retail practices customary within the home furnishings industry.

17. No Waiver

Failure by Demarchelier & Co. to enforce any provision at any time shall not constitute waiver of that provision or any other rights under these Terms.

18. Delivery Coordination; Storage Fees; Abandoned Merchandise

Certain merchandise sold by Demarchelier & Co. requires scheduled freight, white-glove, or coordinated delivery services. Customer agrees to cooperate in good faith with delivery scheduling, including timely communication with Demarchelier & Co. and any designated carrier.

Once merchandise has arrived at a delivery terminal, warehouse, or staging facility, or is otherwise ready for final delivery, Customer is responsible for promptly scheduling and accepting delivery within the timeframe communicated by the carrier or Demarchelier & Co.

Failure or refusal to schedule delivery, repeated missed appointments, inability to accept delivery, failure to respond to delivery communications, or requests to indefinitely delay delivery shall not constitute cancellation of the order or relieve Customer of payment obligations.

If delivery is delayed due to Customer action or inaction, Demarchelier & Co. may assess reasonable storage, handling, redelivery, warehousing, or administrative fees beginning when merchandise becomes available for delivery.

Merchandise remaining undelivered due to Customer non-cooperation for more than thirty (30) days after delivery availability may, at Demarchelier & Co.’s discretion and as permitted by law, be deemed abandoned merchandise. Demarchelier & Co. may then:

  • cancel delivery arrangements;
  • resell or liquidate merchandise;
  • apply proceeds toward outstanding balances and costs; and
  • invoice Customer for any remaining deficiency.

Customer-caused delays do not constitute merchant delay, breach, or failure to perform.

Risk of loss transfers to Customer upon delivery or tender of delivery by the carrier, whichever occurs first, unless otherwise required by law.

19. International Users

The Site and Services are controlled and operated from the United States. Customers accessing the Site from outside the United States are responsible for compliance with local laws and regulations.

20. Indemnification

Customer agrees to indemnify, defend, and hold harmless Demarchelier & Co., its officers, directors, employees, agents, and affiliates from any losses, liabilities, damages, or expenses (including reasonable attorney’s fees) arising from:

  • use or misuse of the Site and Services;
  • violation of these Terms;
  • violation of law;
  • infringement of third-party rights; or
  • customer conduct relating to any transaction.

Demarchelier & Co. may assume exclusive defense of any matter subject to indemnification.

21. Arbitration

If a dispute cannot be resolved through direct communication, it shall be resolved by final and binding arbitration under the Federal Arbitration Act.

Arbitration shall be conducted by a single neutral arbitrator administered by the American Arbitration Association or a similar service mutually agreed upon.

The arbitrator’s decision shall be final and judgment may be entered in any court having jurisdiction.

The prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

All disputes arising from or relating to these Terms, whether sounding in contract, tort, statute, or equity, shall be subject to arbitration.

21.1 Exception for Delinquent Accounts and Past Due Invoices

Notwithstanding the arbitration requirement, Demarchelier & Co. may pursue recovery of unpaid balances, delinquent accounts, or past due invoices in small claims court or any court of competent jurisdiction.

This exception applies solely to collection actions and does not permit litigation of other disputes outside arbitration.

22. Class Action Waiver

All dispute resolution proceedings shall occur on an individual basis.

Class, collective, consolidated, or representative actions are not permitted.

The arbitrator may not consolidate claims or preside over representative proceedings absent written agreement of both parties.

22.1 No Class Actions in Collection Matters

Collection actions brought by Demarchelier & Co. shall proceed solely against the specific Customer responsible for the account.

23. Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL INFORMATION, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.

DEMARACHELIER & CO. DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DEMARACHELIER & CO. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM USE OF THE SITE OR SERVICES.

CUSTOMER’S SOLE REMEDY FOR DISSATISFACTION IS TO DISCONTINUE USE OF THE SITE AND SERVICES.

24. Termination / Access Restriction

Demarchelier & Co. may terminate or restrict access to the Site and Services at any time, without notice, for any reason permitted by law.

No joint venture, partnership, employment, or agency relationship is created by use of the Site.

If any provision is deemed unenforceable, remaining provisions shall remain in full force and effect.

25. Governing Law and Venue

These Terms and all transactions constitute a contract for the sale of goods within the meaning of applicable commercial law.

These Terms shall be governed by the laws of the State of Maryland, without regard to conflict-of-law principles.

Any court proceeding permitted under these Terms shall be brought exclusively in a court of competent jurisdiction located within the State of Maryland.

26. Headings

Section headings are provided for convenience only and shall not affect interpretation of these Terms.

27. Survival of Terms

Any provision of these Terms which by its nature should reasonably survive termination, cancellation of an order, completion of a transaction, closure of an account, or cessation of use of the Site and Services shall remain in full force and effect.

Without limitation, the following provisions survive termination:

  • payment obligations and outstanding balances;
  • Required Customer Resolution Process;
  • Payment Disputes provisions;
  • Promotional Pricing and Discount Eligibility;
  • No Setoff; No Withholding of Payment;
  • Merchant Remedies and Account Standing;
  • Collection Costs and Recovery Expenses;
  • Delivery Coordination, Storage Fees, and Abandoned Merchandise;
  • indemnification obligations;
  • limitations of liability and warranty disclaimers;
  • arbitration and dispute resolution provisions;
  • class action waiver;
  • attorney’s fee recovery rights; and
  • any rights or remedies accrued prior to termination.

Termination of access to the Site or completion of a transaction does not relieve Customer of obligations incurred prior to termination.

28. Changes to Terms and Policies

Demarchelier & Co. reserves the right, in its sole discretion, to modify these Terms and any related contractual policies at any time.

The most current version posted on the Site shall supersede all prior versions. Continued use of the Site or Services following updates constitutes acceptance of the revised Terms.

Customers are encouraged to review these Terms periodically.

29. Entire Agreement

These Terms, together with all incorporated contractual policies, constitute the entire agreement between Customer and Demarchelier & Co. concerning the Site and Services and all transactions conducted through them.

These Terms constitute a contract for the sale of goods within the meaning of applicable commercial law.

They supersede all prior or contemporaneous communications, negotiations, or agreements, whether electronic, oral, or written.

A printed version of these Terms and any electronically generated records shall be admissible in judicial or administrative proceedings to the same extent as business records maintained in written form.

It is the express intention of the parties that this agreement and all related documents be written in English.

30. Contact Information

Demarchelier & Co. welcomes questions regarding these Terms:

Demarchelier & Co.
7200 Wisconsin Avenue, Suite 500
Bethesda, Maryland 20814

Email: policy@demarchelier.co