Terms & Conditions
Welcome to Sunday Morning. These Terms and Conditions ("Terms") govern your access to and use of our mobile application (the "Platform"). By using the Platform, you agree to be bound by these Terms.
1. THE MARKETPLACE MODEL
Sunday Morning provides a platform that connects buyers ("Buyers") and sellers ("Sellers") of furniture and home goods.
- Role of the Platform:We are a "Marketplace Facilitator." We do not own, create, sell, or manage the listings. Nor do we do not store, or inspect any of the items sold through the platform. Sunday Morning does not take a commission on sales; therefore, the contract for sale is directly between the Buyer and the Seller.
- Professional Interior Designers: If you are accessing the Platform as a professional interior designer, you represent that you hold a valid business license and/or resale certificate as required by your jurisdiction.
2. USER ROLES & ELIGIBILITY
- Public (Buyers): Must be at least 18 years old.
- Sellers: Must provide accurate business information. Sunday Morning reserves the right to vet sellers.
- Interior Designers:Must submit required credentials (NCIDQ, Business License, or Portfolio) for "Designer" status. Approval is at the sole discretion of Sunday Morning.
- Commission Requests:The "bidding board" bid system is a tool for professional collaboration. Sunday Morning is not responsible for the quality of the final custom product or the fulfillment of the contract between the Designer and the Artisan.
3. LISTINGS AND "AS-IS" SALES
- Antiques and Vintage Items:Many items on this platform are antique or vintage. Unless otherwise stated, items are sold "AS-IS" with all faults. Sellers are required to disclose significant wear, but minor age-appropriate wear is to be expected.
- Custom Furniture: Orders for custom-built or upholstered furniture are FINAL SALE. Once materials are cut or production has begun, orders cannot be canceled or refunded.
- Item Description:Sellers are responsible for the accuracy of listing details, including dimensions, materials, and "Verified Antique/Original" claims. Sellers are required to provide accurate photos of current conditions.
- Verified Disclaimer:The 'Verified Original' and 'Verified Antique' badges are awarded based solely on documentation and representations provided by the Seller. Sunday Morning does not perform physical inspections, forensic authentication, or independent appraisals of any items. The Seller remains solely responsible for the legal accuracy of these claims, and Sunday Morning is not liable for items that are later found to be misidentified or counterfeit.
- Dual Pricing:Users acknowledge that "Designer Pricing" is a privileged rate available only to verified Interior Designers.
4. PAYMENTS AND TAXES
- Payment Processing: All payments are processed through Stripe. By using our payment system, you agree to Stripe’s Services Agreement.
- Local Delivery: For items requiring Local Delivery, Sunday Morning acts as a Limited Payment Collection Agent.
- Holding Funds: We hold the purchase price in escrow to ensure platform safety. These funds are released to the Seller only upon confirmation of delivery.
- Mediation Authority: In the event of a dispute, Sunday Morning reserves the right to hold, refund, or partially release funds based on the evidence provided (photos and chat logs).
- Finality of Decision: You agree that Sunday Morning’s decision in a dispute is final and binding for the purposes of the funds held in our system.
- Cash on Pickup: For in-person transactions, Sunday Morning facilitates the connection, but the risk of payment and item handover remains with the Buyer and Seller.
- Sales Tax: As a California Marketplace Facilitator, Sunday Morning will calculate and collect California sales tax on transactions where required by law.
- Trade Discounts: Trade pricing is available only to verified professionals. Unauthorized use of trade credentials may result in immediate account termination.
5. MEMBERSHIPS & IN-APP PURCHASES
- Subscription Tiers: (The Booth, The Gallery, The Atelier, The Designer Atelier). Fees are billed monthly via Stripe.
- Free Inclusions: Free boosts or article posts must be used within the billing month and do not roll over.
- Cancellations:Users may cancel their membership at any time via the "account details". No pro-rated refunds are offered for partial months.
- Extra Listings:Purchased "Extra Listing" packages expire after 35 days.
6. "THE COLLECTIVE" (CONTENT SUBMISSION)
By submitting an article or photo to "The Collective," Sellers grant Sunday Morning a non-exclusive, royalty-free license to use, display, and promote that content for marketing purposes.
7. PICKUP AND DELIVERY
- Sunday Morning provides third-party delivery services (e.g., Goshare). Sunday Morning does not employ these drivers and is not liable for items damaged during transit. Any such claims must be resolved directly with the third-party contractor or through the contractor’s respective insurance platform.
- Buyers must use the "Confirm received" system to release funds to the Seller upon safe receipt of the item.
- Local Pickup: If a Buyer chooses local pickup, they assume all risk of damage during transport once the item is released by the Seller.
- Damage Claims: Any damage occurred during shipping must be reported to Sunday Morning and the carrier within 48 hours of delivery. Failure to do so may void your ability to file an insurance claim.
- Delivery Disputes: Any disputes regarding delivery conduct must be handled through the Sunday Morning Dispute Portal for mediation or directly with the contractor.
- Finality: By confirming receipt of an item (via in-app confirmation), the Buyer acknowledges the item is in an acceptable condition and waives the right to a dispute regarding physical condition.
8. LIMITATION OF LIABILITY
- Property Damage:Sunday Morning and its delivery partners are not responsible for damage to a Buyer's home (e.g., scratched floors, wall scuffs) during the delivery process. Any such claims must be resolved directly with the third-party contractor or through the contractor’s respective insurance platform.
- No Warranty: We do not guarantee the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, or the ability of sellers to sell items.
- Sunday Morning is a platform, not a manufacturer or retailer. We are not liable for any injury, loss, or damage resulting from items purchased on the app or design advice given by users.
- To the maximum extent permitted by law, Sunday Morning shall not be liable for any indirect, incidental, or consequential damages (including but not limited to loss of profits, or personal injury) arising out of your use of the platform.
- Liability Cap: In no event shall Sunday Morning’s total liability to you for all claims exceed the total amount of Subscription Fees you have paid to Sunday Morning in the six (6) months prior to the claim.
9. REFUNDS & DISPUTE RESOLUTION
- Individual Seller Refund Policies: Sunday Morning operates as a third-party marketplace platform. As such, all sales are considered final unless otherwise stated by the individual Seller. Each Seller maintains the right to establish their own return and refund policy, which must be clearly communicated to the Buyer within the item listing or via the messaging system prior to purchase.
- Facilitation, Not Obligation:While Sunday Morning provides the technical tools to process refunds via the Admin Panel, the decision to issue a refund rests solely at the Seller's discretion, except in cases of proven fraudulent activity or non-delivery of items. Sunday Morning does not guarantee that a Seller will accept a return or issue a refund for "buyer’s remorse" or subjective dissatisfaction with vintage, antique, or custom-made goods.
- Dispute Resolution: In the event of a disagreement, Sunday Morning may act as a neutral mediator to review transaction logs and shipping confirmations. However, Sunday Morning is not a party to the contract of sale and holds no legal obligation to provide monetary compensation if a Seller denies a refund request that falls within their stated policy.
- To be eligible for dispute mediation, Sellers must maintain 'Proof of Condition' by uploading at least 1-2 high-resolution, time-stamped photos of the item to the Platform within 24 hours prior to the item being released to a Buyer or third-party carrier. In the event of a dispute, Sunday Morning will compare these 'Pre-Transit' photos against the 'Damage' photos provided by the Buyer to determine the point of liability.
- Governing Law: These Terms are governed by the laws of the State of California. Any legal action must be brought in the courts of Sacramento, California.
10. PROHIBITED CONDUCT
Users may not:
- Circumvent our payment system to avoid fees (Non-circumvention).
- List counterfeit goods, "knock-offs", post offensive, or infringing content.
- Use "Trade" credentials for personal, non-professional purchases.
- Harass other users via the messaging system.
11. INDEMNIFICATION
You agree to indemnify and hold harmless Sunday Morning and its officers from any claims, damages, or expenses (including legal fees) arising from your breach of these terms, your interactions with other users, or your violation of any third-party rights (including those of delivery contractors).