USA Terms and Conditions

These Terms & Conditions of Sale ("Terms") apply to all purchases of goods and services (“Products”) offered by PINCH Design Inc., a Delaware corporation with a principal business address at C/O Thorelli & Associates, 70 W Madison St STE 5750, Chicago IL 60602 ​​("PINCH"). These Terms govern all transactions with the Customer ("Customer") and are incorporated into every order accepted by PINCH.

Delivery of any Products by PINCH is expressly conditioned upon the Customer’s acceptance of these Terms without modification. By placing an order with PINCH, the Customer agrees to be bound by these Terms, which shall form the basis of the contract upon PINCH’s acceptance of the order.

PINCH expressly rejects any proposed deletions, additions, or changes to these Terms submitted by the Customer. No such changes shall be binding unless expressly agreed to in writing by PINCH prior to delivery of any Products.

Errors, inaccuracies & omissions

All content presented on the PINCH website is intended to provide a general overview of our Products and is not a full specification. Whilst we work hard to avoid mistakes, occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after the client has submitted an order). Measurements listed are approximate and should be used as a guide only.

Product colors shown in photos or videos may not perfectly reflect the physical product due to variations in screen calibration or lighting. Use of website content is at the Customer’s own risk.

Additional Terms of business apply to trade account holders and are shared at the point of Trade Account Application. Trade accounts are offered solely to verified design professionals and are contingent on the submission of required documentation and successful reference checks. To protect our trade Customers, resale of PINCH Products through retail spaces, websites, or social media platforms is strictly prohibited. Access to trade pricing may be revoked at any time and without notice.

PINCH determines product pricing and is exclusive of any crating costs, taxes, tariffs, and service fees, all of which are the Customer’s responsibility, as outlined in the sales confirmation.

PINCH reserves the right, at its sole discretion, to adjust Product pricing, and to modify without notice at any time. PINCH may, without prior notice, refuse all or part of any purchase, and withdraw Products from sale at any time to any person, geographic region or jurisdiction. In the event a Product becomes unavailable after an order is placed, the Customer’s only and exclusive option will be a full refund of the purchase price.

Payment terms

For in-stock Products, full payment is required at the time of purchase. For made-to-order Products, a 50% deposit is required to process the order, with the remaining 50% due two weeks prior to the Products being declared ready for delivery.

Payments to be made in U.S. dollars and via methods approved by PINCH at the time of sale. By submitting a credit card, debit card, or other accepted payment method, the Customer confirms they are authorized to use that method and authorizes PINCH (or its third-party payment processor) to charge it for the full amount, including taxes and applicable fees. PINCH is not liable for errors made by third-party payment processors.

Where appropriate sales tax will be charged for certain states, please speak to your sales consultant to confirm which states it is applicable in. 

For orders placed directly through the PINCH sales team (not via the website), Product pricing listed in written quotations remains valid for 30 days (unless otherwise agreed). Delivery pricing quoted on pro forma invoices remains valid for 14 days. Delivery costs may be revised outside these quote validity periods, particularly where managed by third-party carriers.

The Customer is responsible for carefully reviewing and verifying all invoices, including, but not limited to the delivery methods (e.g. white glove, curbside), delivery address, and any supplied drawings for accuracy prior to making payment.

The Products delivered will be in accordance with the details given on the official order acknowledgement, and accompanying drawings or any amendments agreed thereto. The Customer is responsible for fully checking invoice and drawing details as final, and for errors that may occur with an order which is placed over the telephone but which is not confirmed in writing.

Interest on late payments

If payment is not received when due, or is later denied or reversed by a payment processor, interest will accrue on the overdue amount at the rate of 2.5% per month after 2 weeks of notification, or the maximum rate permitted by law. PINCH reserves the right to withhold further deliveries to any Customer with an outstanding balance.

Whilst PINCH strives to meet estimated lead times, all delivery dates are estimates only and are not guaranteed. 

Lead times for all orders begin upon receipt of:

• Completed and signed order paperwork
• A minimum fifty percent (50%) deposit of the total due (as shown on the Sales Confirmation)
• Confirmed receipt of the above by PINCH

Made-to-order lead times are quoted at the time payment is received and will depend and adjust according to current production volume, fabric availability, and manufacturing capacity. Lead times for bespoke or custom orders will be confirmed once all production details and drawings are finalized and approved.

The Customer is responsible for reviewing and fully checking all invoices and drawings for accuracy. PINCH is not liable for errors on orders placed via phone and not confirmed in writing.

The failure of PINCH to deliver any of the Products shall not invalidate the contract as to the remainder of the goods. The Customer is still obligated to accept delivery of the remainder. In rare cases where a dispatched item fails final quality checks and must be remade, PINCH will make every effort to adhere to the original schedule. However, production timelines are dependent on material availability (e.g. COM/COL, lacquer), and the lead time will resume once replacements are secured.

Storage

PINCH will store a Customer’s order free of charge for up to one week beyond the advised completion date. Should additional storage time be required, a storage fee of $25.00 per day, per product will apply if the Customer is unable to take receipt of the order. If the Customer anticipates an unavoidable delay which results in longer storage requirements, PINCH can investigate alternative storage on the Customer’s behalf.

Storage Fees must be paid in full before any subsequent delivery is scheduled.

Customer’s own storage

PINCH does not accept claims for damage arising from Customer storage or third-party storage after 48 hours from delivery. Once the Products leave PINCH's warehouse, workshop, or showroom, they are the sole responsibility of the Customer or their shipper.

If Products are damaged in transit, outside of PINCH’s control, we will support the Customer and shipper in resolving the issue as quickly as possible.

Delivery dates and times provided by PINCH are non-binding estimates and based on prevailing conditions at the time of order. PINCH assumes no liability for any damages or losses due to delivery delays or non-delivery. The delivery times are estimates only, and delays may occur. PINCH will not accept liability for inaccurate estimations.

Any request to change a delivery address will only be deemed confirmed once revised documentation has been reissued. This process ensures our systems are updated with the correct delivery details. We cannot be held responsible for delivery errors arising from unconfirmed or unprocessed address changes.

Risk of loss or damage passes to the Customer upon delivery to the agreed location.

International & air freight quotes

Quotes for international or air freight shipping are valid for 14 days. If the quote is not accepted or if the order is not ready to ship within that time, a new quote may be required.

If the Customer has agreed to ship International DAP (Delivered at Port), then the Customer is solely responsible for all customs duties, import taxes, brokerage fees, and local government charges associated with international shipments, and these charges will not appear on any documentation from PINCH. For local USA shipping, if sent DAP then the Customer is solely responsible for all local taxes, charges, and these charges will not appear on any documentation from PINCH. PINCH does not quote nor assume responsibility for any of these costs unless PINCH are quoting DDP (Delivered Duties paid) where we will manage customs and duties, but excluding any Tariffs, on the Customer’s behalf and these charges will appear on documentation from PINCH.  

Large furniture pieces, including cabinetry and upholstered items, are typically blanket-wrapped, plastic-wrapped, and foot-protected unless otherwise agreed. If crating is required, this will be stated at the time of purchase and charged as an additional fee. Smaller Products are shipped in standard cardboard packaging.

Customer collections

In pre-approved cases where the Customer or their shipper collects directly from PINCH, the collecting party must sign for receipt of goods, confirming their condition unless otherwise noted.

Delivery access

Standard delivery allows for ground-floor access only, unless an elevator is available. Customers must give consideration to adequate space to receive large items. Deliveries involving stairs, narrow passageways, or other obstacles may incur additional fees.

Where a Customer requires specific logistics or requests amends, every effort will be made to accommodate, and should this require alternative handling, additional fees may apply.

Installation services are not included, such as hanging lighting, furniture assembly, or moving existing furniture.

The Customer must ensure:

• The delivery path is clear
• The Products will fit through all access points, including doors, stairways, hallways, and elevators

If the Products cannot be delivered due to space constraints or restricted access, the Customer remains responsible for redelivery charges to an alternative delivery location. We will not accept order cancellations on the grounds of access issues.

Delivery conditions & third-party shippers

PINCH delivery services are provided by third-party shippers, which we arrange on the Customer’s behalf. The delivery times quoted are approximate and are subject to change prior to delivery. PINCH are not responsible for any transportation delays, damage caused or quality issues with the service provided by external companies.  

We will always do our best to deliver your order within the specified timeframe. However, all lead times and delivery dates are estimates only, and delays may occur due to circumstances beyond our control. As such, we cannot guarantee delivery within the estimated timeframe and cannot accept responsibility for any costs incurred if third-party services (e.g. electricians) are booked before your delivery has been received.

If a delivery delay occurs, PINCH will make every effort to notify the Customer promptly and assist in coordinating the shipment. However, we do not accept liability for any consequential losses, delays. No compensation shall be due from Us to you for orders that are delivered after their estimated delivery dates and/or times.

PINCH House leather in tan is a pure aniline leather. As an untreated material, the leather may contain natural markings such as scarring, growth marks and differences in colouring. Such characteristics are not a reason for return and are considered part of the beauty of the product. PINCH House leather in black is semi aniline and therefore offers greater protection, however, natural discoloration can occur to leather finishes over time, which is part of the curing process. This natural process may be exacerbated when goods are positioned directly in UV light. PINCH is not responsible for the progression or development of this process, and advises that leather goods are not placed in direct sunlight. Similar considerations should be taken into account for any Customer Own Leather supplied.  

PINCH advises required meterage based on standard plain 140 cms width fabric.  When providing Customer Own Material, it is the customer's responsibility to ensure the meterage is appropriate and interpreted according to pattern, dimension and quality.

In order to guarantee standard lead-times, COM fabric should be received by PINCH within two weeks of the 50% deposit payment being made. Where fabric is received later than two weeks after, the delivery date will be recalculated and reconfirmed upon receipt.

Due to the nature of upholstery, dimensions will vary. Please allow for a tolerance of +/- 3cm when space planning.

Unfinished sites & redelivery

The Customer is responsible for ensuring the delivery site is ready, accessible, and safe to receive and store the Products. Deliveries to unfinished construction sites are not permitted unless approved in writing by PINCH. Any damage incurred in such cases is the Customer’s responsibility.

If the site is inaccessible or deemed unsuitable by the delivery team, redelivery will be required and charged at the Customer’s expense.

Redelivery & cancellations

Redelivery charges will apply in the following cases:

• Incorrect delivery information is provided
• Safe access to the delivery address is not available
• Delivery is not feasible due to undisclosed space constraints

Cancellations or changes to scheduled deliveries must be made via email at least 72 working hours in advance. Failure to do so may result in a cancellation fee.

Delivery receipt & damage claims

All delivered or collected Products will be accompanied by official company documentation. By signing this paperwork, the Customer or their representative acknowledges receipt and assumes responsibility for the Products.

All damage claims must be submitted in writing within 48 hours of receiving the Products. If damage occurred during shipping, all original packaging and crates must be retained. Failure to do so may invalidate any claim.

To file a damage claim, please email operations@pinchdesign.com with photographs of both the outer packaging and the Product, and include your Sales Order number. PINCH cannot be held responsible for any damage claims made after the 48-hour window.

Except as expressly stated herein, PINCH disclaims any and all warranties, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, performance, quality, or absence of hidden defects. No remedies for breach of warranty or contract shall apply except as specifically outlined in this document. Any warranties that might otherwise arise by implication, operation of law, trade custom, or course of dealing are expressly excluded.

We are committed to quality manufacturing and the creation of quality Products. All Products undergo thorough quality inspections prior to dispatch, and care guides are provided for each Product type. It is the Customer’s responsibility to review and follow these guidelines to ensure the longevity and proper maintenance of the Product. Products are expected to meet performance expectations when installed, maintained, and used appropriately in a domestic setting.

Our warranty applies only to Products with a proven loss of structural integrity and is valid from the date of issue to the original purchaser. Specific warranty coverage is as follows:

• Upholstered pieces
• Framework - Lifetime warranty
• Springs, cushions, legs - 24-month warranty
• House leather - 24-month warranty
• Fabric - Warranty provided by the original fabric supplier
• Cabinetry pieces (wooden beds, timber tables, chairs, storage units, PU lacquer-finished Products) - 24-month warranty
• Lighting (shades and electrics) - 24-month warranty

Please note: Ex-display/Studio sale pieces are not covered under this warranty.

At PINCH, we work with natural materials such as timber, leather, and stone; each with unique and inherent variations in tone, colour, and texture. These natural markings form part of each piece’s material story and should not be expected to match identically to physical samples or website imagery. Customers acknowledge that such variations are not to be considered defects when assessing the quality or acceptability of the Products. Batch variation is also to be expected.

Products for contract & commercial use

Whilst our designs are conceived and produced for domestic use, some lines have been specifically tested for commercial use, and/or are suitable for specification in a non-domestic environment (for example, all our upholstery). Where your project requires modifications for contract use, please discuss requirements with our sales team.

Please refer to our care guides (which are on our website, located on each of the product pages) for advice on how to look after your PINCH Products. Please note chemical cleaning products or bleach must not be used on any of our Products, as this will lead to irreversible discolouration.

Hard goods - Natural materials & finishes

• Lacquer finish: When lacquer is colour-matched to a Customer-supplied sample or paint reference, the achievable match tolerance is up to ±10%. All custom colours must be approved by the Customer by physical sample or as expressly agreed in writing. Natural discolouration of lacquer finishes may occur over time as part of the curing process. This process can be accelerated by exposure to direct UV light. PINCH cannot accept responsibility for the progression of such natural change.
• Timber: Timber will react to temperature extremes, causing cracking or splitting. It is the Customer’s responsibility to ensure a consistent indoor temperature to minimise these effects. Timber colour will also evolve with age and exposure to UV.
• PINCH house leather: Leather can discolour under UV exposure, and it's the Customer’s responsibility to ensure leather finished goods are protected.
• Pure aniline leather: As an untreated, natural product, it may display scarring, growth marks, and tonal variation. These characteristics are not valid grounds for return and are considered part of a Product’s natural beauty. 
• Semi-aniline leather: This leather option offers increased surface protection, though natural discolouration may still occur, especially when goods are held in direct sunlight. 

Upholstery

For upholstery Fire Treatment requirements, the Customer is required to confirm the end location and end use. It is the Customer’s responsibility to ensure that the fabric is appropriately treated for flammability standards to meet the end location’s fire regulations. PINCH will not be held responsible for errors where the fire treatment specification requirements are not confirmed in writing.

Due to the nature of upholstery, a tolerance of ±1.2 inches in finished dimensions should be allowed for.

• Fabric allowance: This is based on plain fabric assuming an approx width of 55 inches.  When providing Customer’s own material (COM), it is the Customer’s responsibility to ensure sufficient and suitable yardage, taking into account pattern repeats, directionality, and usable width.
• Customer’s own material (COM) is subject to a handling charge to cover administration and logistics. Any import duties or taxes on fabrics supplied by the Customer will be invoiced prior to the release of the products.
• While we assess COM suitability based on a sample, we do not test fabric performance on full-scale application. Any resulting variation in detail is accepted at the Customer’s own risk. We will advise when knit-backing is required for COM fabrics; the Customer is responsible for delivering the fabric to us in a finished, ready-to-use state.
• Upholstery pattern-matching service: This is offered subject to an additional fee. Customers are responsible for supplying a detailed brief specifying the desired facing, direction, and placement on the PINCH fabric Approval form. If this is not applied and clearly specified, PINCH bears no responsibility for errors occurring during production.
• To meet standard lead times, COM must be received within two weeks of the 50% deposit payment. If fabric receipt is delayed, estimate timings will be affected, and a revised delivery date will be confirmed once fabric is obtained.

Customer's Own Material  (COM) 

Upon delivery, our workshop will examine the box of fabric for any external or visible damage; however, they will not unroll or inspect the fabric until the fabric is ready to be applied, this is to avoid damage. PINCH will not be held responsible for damage to COM fabric ordered by the client directly with their supplier.

In the unlikely event that a replacement item is needed due to fault, the client is responsible for supplying replacement fabric at their own cost. COM materials are not insured by PINCH. Lead time may be affected where damage is uncovered.

Whilst PINCH makes every effort to check fabric suitability on a small sample, performance of Customer Own Material across a full piece is not explored and may result in detail variation, and is therefore accepted at the customers' own risk. PINCH will advise when COM fabric requires knit backing, and the customer is responsible for providing finished fabric to us. 

All Customer Specified Material is PINCH recommended and suitable for upholstery.   Some of our designs require an additionally charged knit-backing process to maintain best shape, which will be set out in the quoted price.  

Where knit backing is required, this will be advised to you, and it is your responsibility to confirm with the fabric manufacturer that the fabric is suitable for knit backing. If the fabric is not suitable, please source an alternative fabric.

PINCH advises required meterage based on standard plain 140 cms width fabric.  When providing Customer Own Material, it is the customer's responsibility to ensure the meterage is appropriate and interpreted according to pattern, dimension and quality.

In order to guarantee standard lead-times, COM fabric should be received by PINCH within two weeks of the 50% deposit payment being made. Where fabric is received later than two weeks after, the delivery date will be recalculated and reconfirmed upon receipt.

Due to the nature of upholstery, dimensions will vary. Please allow for a tolerance of +/- 3cm when space planning.

PINCH House leather

PINCH house leather is a pure aniline leather. As an untreated material, the leather may contain natural markings such as scarring, growth marks and differences in colouring. Such characteristics are not a reason for return and are considered part of the beauty of the product. PINCH House leather in black is semi aniline and therefore offers greater protection, however, natural discoloration can occur to leather finishes over time, which is part of the curing process. This natural process may be exacerbated when goods are positioned directly in UV light. PINCH is not responsible for the progression or development of this process, and advises that leather goods are not placed in direct sunlight. Similar considerations should be taken into account for any Customer Own Leather supplied.  

Lighting

All PINCH lighting is for indoor use only. 

Our lights are crafted using natural materials, which may subtly change in color or tone over time, particularly with UV exposure. Because each piece is handmade, slight variations in shape and finish are to be expected and appreciated as part of their character.

PINCH assumes no liability for non-compliance of the lighting installation.

Where PINCH is unable to fulfil an item on an order, we shall have the right to cancel a product from your order, which has not yet been delivered. Where PINCH exercises this cancellation right we shall provide you with a full refund on the single piece within 7 days of your order being cancelled. We will not be obliged to offer any additional compensation for disappointment suffered. Each item, delivery or service milestone under this Agreement shall be treated as a separate and divisible obligation. Any failure or delay in the fulfillment of one portion shall not entitle the Client to terminate or rescind the Agreement in its entirety or any other outstanding portions.

Made-to-order & bespoke Products

You may cancel a bespoke or made-to-order item within 5 business days of your deposit payment being received. Please note that any fabric or materials purchased on your behalf are non-refundable. After this 5-day period, made-to-order commissions & bespoke Products cannot be cancelled.

Where a cancellation is accepted by PINCH, any bank charges incurred during the original transaction or refund will be deducted from the repayment. 

Returns policy

PINCH Products are non-refundable and non-returnable.

Ex-display Products

Ex-display Products may show signs of cosmetic wear. We take care to describe each item accurately, but goods are sold as-is, and are non-refundable and non-returnable.

Certain Ex-display Products may not be suitably packaged or crated for long distance deliveries so please speak to your sales consultant for guidance on which Products are only suitable for collection.

Credit notes

Credit notes are valid for 12 months from the date of issue. They are non-transferable, non-refundable, and must be used before the expiry date. PINCH is not responsible for unredeemed or expired credit notes.

Once the Customer (or their representative) signs the delivery paperwork, the Customer accepts the condition of the Products and receipt of them. From that point, the responsibility for the item transfers to the Customer (or their representative).

In the event your PINCH Product arrives damaged during delivery or installation, we reserve the right to repair the item before considering a replacement.

If damage occurs during transit, PINCH will act as an advocate with the third-party shipper to resolve the issue quickly. Damage must be reported within 48 hours of delivery by the Customer or Customer representative, and whilst the Products are still at the initial delivery location.  

Any missing items, fittings, or components must be reported to PINCH within 48 hours of delivery.

In the event of receiving damaged goods, please email operations@pinchdesign.com. The Customer must include photos of the damage of the Product and the (retained) inner and outer packaging, along with the Sales Order number to help us assist you efficiently.

Should an item be damaged in the home due to accident or misuse (including the use of cleaning methods outside our care guidelines), PINCH may be able to offer chargeable repair or refinishing services. Please email: operations@pinchdesign.com with photos, context, and your original order number and we will explore feasibility.

Please note: any repairs carried out by third-party providers without prior written approval from the PINCH production team will void the Product warranty.

Limitation of liability

Under no circumstances shall PINCH, or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any injury, loss, claim, or for any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, loss profits, loss revenue, replacement costs, or similar damages, whether based in contract, Tort, (including negligence), strict liability, or otherwise, arising out of or in connection with the use of any Product, even if advised of the possibility of such damages. 

The Customer agrees to comply with all applicable laws, regulations, and ordinances. The Customer shall obtain and maintain all necessary licenses, consents, permits, authorizations, and approvals required to perform their obligations under this Agreement. PINCH reserves the right to terminate this Agreement if any government authority imposes anti-dumping duties, countervailing duties, or other trade-related penalties on the Products.

Force majeure

Neither party shall be liable for any failure or delay in performing its obligations due to causes beyond its reasonable control. These may include, but are not limited to: acts of God, fire, flood, epidemics, explosions, riots, war, invasion, maritime hazards, labor disputes, strikes, equipment failure, government actions, shortages of raw materials or energy, travel restrictions, or transportation delays. The impacted party must notify the other party within ten (10) days of the force majeure event, stating the expected duration. The impacted party shall make reasonable efforts to minimize the disruption and resume performance as soon as practicable.

Intellectual property

These Terms do not grant the Customer any right or interest in PINCH’s intellectual property, nor may it be transferred to any third-party. Any use of this website or its contents, beyond personal, non-commercial use, is prohibited without express written permission from PINCH. This includes copying, storing, modifying, distributing, or reposting any material. The Customer may not use PINCH trademarks, copyrights, designs, drawings, or other proprietary content without prior written consent. Any unauthorized use or infringement will be enforced vigorously.

Severability

Each section of these Terms is intended to be valid and enforceable. If any provision is found unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force. The court’s ruling will be enforced in a manner that preserves the original intent as much as possible, while limiting the invalid portion.

Entire agreement

These Terms constitute the entire agreement between the Customer and PINCH with respect to the website, the ordering process direct with the PINCH sales team, and the use of the Products. These Terms supersede all previous agreements or understandings, written or verbal. No other party is intended to benefit from this agreement unless explicitly stated.

Governing law

These Terms are governed by and construed under the laws of the State of Delaware, without reference to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply and is expressly excluded.

Dispute resolution

If a dispute arises in connection with the purchase or use of a Product and cannot be resolved through regular business communication, either party may request a meeting to resolve the issue. This meeting should take place within ten (10) days of the written request and be attended by a senior representative or legal counsel for each party, either in person or via teleconference.

If the dispute is not resolved within thirty (30) days of this meeting, either party may initiate binding arbitration under the Delaware Rapid Arbitration Act. Arbitration shall take place in Delaware, conducted by a sole arbitrator with relevant experience, and the arbitrator’s hourly rate shall not exceed $500/hour. The arbitration process must be completed within six (6) months, from the initial filing to the final written decision.

Assignment

The Customer may not assign or transfer any rights or delegate obligations under this Agreement without prior written consent from PINCH. Any attempted assignment or delegation without approval is void. Even if an assignment is approved, the Customer remains responsible for all obligations.

Relationship of the parties

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or fiduciary relationship. Neither party has authority to bind or act on behalf of the other.

No third-party beneficiaries

This Agreement is intended solely for the benefit of PINCH and the Customer. No other person or entity has any rights or claims under these Terms.

Changes to the terms & conditions

You may review the most current version of these Terms & Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms & Conditions by posting revisions to this website. It is your responsibility to check this page periodically for updates. Your continued use of our website and services following any changes constitutes your acceptance of those changes

Date: 20th May 2025