Terms Of Sale

Furniture.com - Terms of Sale 

Last Updated: January 6, 2017

These Terms of Sale (these “Terms”), together with our Terms of Use and Privacy Policy, govern all merchandise (“Merchandise”) made available on or ordered from Furniture.com America LLC (“Furniture.com,” “we,” “us,” or “our”) via the online Furniture.com store (the “Store”). You understand and acknowledge that your order of the Merchandise will be fulfilled by an affiliate of Furniture.com, which may include Roomstogo.com, Inc

BY ORDERING MERCHANDISE THROUGH THE STORE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, WHICH INCORPORATE OUR TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS AND OUR TERMS OF USE AND OUR PRIVACY POLICY, DO NOT ORDER MERCHANDISE USING THE STORE. PLEASE READ THESE TERMS CAREFULLY.

ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and Furniture.com will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.

  1. The prices and availability of Merchandise may change at any time without notice to you. Prices remain valid while they are listed and offered on the Store. Merchandise prices will be as posted on the Store as of the date and time of the applicable order. Merchandise availability may be limited and items may not be available for immediate delivery. We reserve the right to modify Merchandise offerings at any time, but we are not obliged to make any modifications to Merchandise that has already been shipped.

  2. Text Messages. If you provide us with your mobile phone number in connection with an order that you’ve placed on the Site, we may send you text messages at that number to support business functions relating to order delivery. To stop receiving text messages at any time, reply “STOP” to any text message you receive or text “FURN” to 74121. To receive help or information, please call 1-855-277-0614. Consenting to receiving text messages is not required to buy goods or otherwise do business with us.

  3. Order Acceptance. All orders are subject to acceptance by Furniture.com. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including without limitation the following: (a) limitations on our ability to accept orders for shipment to addresses outside the United States; (b) limitations on quantities available for purchase; (c) inaccuracies or errors in Merchandise descriptions, images, or pricing information; and (d) problems identified by credit and fraud avoidance services.

    We may also require additional verifications, approvals or other information before accepting any order. After we receive your offer to purchase Merchandise, we will send an order acknowledgement to the email address you provide listing the contents of your requested order. That email serves only as information to the purchaser acknowledging that the order has been received.

    We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Your order is accepted when we send you a separate email acceptance of the order or when Furniture.com ships the Merchandise. If we are unable to accept your order for any reason, we will attempt to contact you using the information contained when you set up your account on the Store. If we are unable to contact you we will cancel your order entirely.

  4. Payment must be made by credit or debit card at the time of purchase. All Merchandise remains the property of Furniture.com until paid in full. If you pay by credit or debit card, the amount of your order will be charged on your card at the time the order is placed. Payment by credit or debit card is subject to the approval of the card issuer, and Furniture.com will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason. If your credit or debit card is declined, your order will be canceled. If we have to pay any monies or hire an attorney to collect payment from you we can recover from you all of our collection costs including the fees of our attorney.

  5. Taxes; Shipping. Merchandise prices do not include sales taxes, other taxes, or shipping and handling fees, all of which will be charged separately and are your responsibility. You will be able to select your shipping method at check out. You will be charged all sales and other taxes to the extent required by law. If Furniture.com is required to pay any such taxes, you must reimburse Furniture.com unless otherwise agreed upon in writing. You must provide us with a valid certificate of resale or exemption to support any applicable exemption from taxation. We reserve the right to make deliveries in installments.

  6. Refund Policy. Online customers have the ability to return a purchase from Furniture.com within 48 hours of delivery if the merchandise was not as expected. Refunds will be for the amount of merchandise and tax only, but not the delivery charge. No refunds or returns on merchandise after 48 hours of delivery are permitted. Items delivered via UPS must be returned via UPS at the customer’s expense. To return an item for a refund, you must first call our Internet Sales Support Staff at 1-855-277-0614.  Sales Support will issue you a Return Number for your reference and give you any further instructions for returning your merchandise. You are responsible for returning the furniture in the condition that it was delivered. You must include the Return Number and your original sales order number with your return. Returns may take up to 10 business days to process. This means that the credit for your return will appear on your account within 10 business days.

  7. Certain Returns and Exchanges. Certain returns and exchanges, including for mattresses and box springs, may require that you pay a “pickup and redelivery fee” or other fee to cover costs of pickup and delivery from your home or re-stocking.

  8. Changes to Orders. You must make any change of the delivery address or change in the order by telephone to Internet Sales Support at 1-855-277-0614 and the change will be binding only if we confirm the change before delivery. Changes may delay the delivery date.

  9. Store Errors. Pricing errors and other errors will be corrected where discovered, and Furniture.com reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, Furniture.com will issue a credit to your payment card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your payment card account.

  10. Merchandise Requiring Assembly. Merchandise marked “Partial Assembly Required” (disassembled) or “Assembly Required” is delivered in factory-packed cartons for assembly by you.

  11. Title to Merchandise. Title to Merchandise will pass to you when you receive the Merchandise and make payment in full.

  12. Security Interest. You hereby grant to Furniture.com a security interest in the Merchandise to secure payment of the purchase price of the Merchandise and agree, and appoint Furniture.com as your agent, to take all such action and to execute all such documents and instruments as may be necessary or reasonably requested by Furniture.com to perfect and continue Furniture.com’s security interest thereunder.

  13. No Warranty on Certain Merchandise. Merchandise sold “AS IS” will not be eligible for return, exchange, allowance, refund or service. All “AS IS” sales are FINAL. Merchandise sold “AS IS” is sold without any express or implied warranties of any type. Merchandise purchased for commercial settings is not covered by the Limited Warranty below or any other warranty.

  14. Limited Merchandise Warranty (“Limited Warranty”). We warrant that the Merchandise will be free from defects in material and workmanship for a period of ONE (1) YEAR from the date of delivery. This Limited Warranty applies to you as the original purchaser only, and only for merchandise which has remained at the original non-commercial delivery site. In order to obtain service under this warranty, you must give us written notice of the defect within the one year warranty period. For service under this Limited Warranty, you may contact us at the address Section 23 or at 1-855-277-0614. This warranty does not cover: (1) wear, fading, or shrinkage of any fabrics; (2) damage due to alterations, misuse, abuse, or accidents; (3) damage or discoloration caused by sunlight or artificial lighting sources; (4) natural variations in the color or graining of leather and/or wood or wood products; and (5) ridges or rough areas in marble or variations in its color or graining. If the furnishings we sell you are not free from defects in material and workmanship for the duration of this Limited Warranty, we will at our option, either (i) refund you the purchase price in exchange for return of the merchandise, or (ii) repair or replace the non-conforming merchandise. Except to the extent expressly prohibited by law, we are not liable to you for any consequential or incidental damage for breach of this or any other warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. All disputes arising under this Limited Warranty are subject to the Dispute Resolution/Arbitration Agreement set forth below.

  15. DISCLAIMER OF WARRANTIES. THE ABOVE LIMITED WARRANTY IS THE ENTIRE AND EXCLUSIVE WARRANTY REGARDING THE MERCHANDISE AND IS IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, EXPRESS AND IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FURNITURE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE MERCHANDISE, INCLUDING WITHOUT LIMITATION THOSE REGARDING MERCHANTABILITY, AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, INCLUDING MERCHANDISE DRAWINGS AND SPECIFICATIONS, OBTAINED BY YOU FROM FURNITURE.COM OR IN ANY MANNER FROM THE STORE CREATES ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  16. NO LIABILITY. IN NO EVENT WILL FURNITURE.COM OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, MEMBERS, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE STORE OR YOUR ORDER OF MERCHANDISE, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF FURNITURE.COM HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE MERCHANDISE BY FURNITURE.COM OR, AT FURNITURE.COM’S OPTION, REFUND OF THE PRICE PAID FOR THE MERCHANDISE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, IF FURNITURE.COM OR ANY OF ITS AFFILIATES IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE STORE, OR THE MERCHANDISE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT EXCEED THE LESSER OF $100 OR THE PRICE OF THE MERCHANDISE ORDERED, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

  17. Force Majeure.com will not have any liability for failure or delay in performing any obligation to deliver Merchandise due to circumstances beyond its reasonable control, including without limitation acts of God or nature, actions of the government, fires, floods, strikes, civil disturbances or terrorism, or power, communications, satellite or network failures.

  18. Governing Law. These Terms are governed by the laws of the state of Florida, without regard to its conflict of law principles. The United Nations Convention for the International Sale of Goods does not apply.

  19. Dispute Resolution/Arbitration Agreement/Governing Law.
    1. Mandatory Arbitration. YOU AND FURNITURE.COM AGREE THAT ANY DISPUTE OR CLAIM THAT RELATES IN ANY WAY TO ANY MERCHANDISE OR SERVICE SOLD OR DISTRIBUTED BY FURNITURE.COM OR TO THE LIMITED WARRANTY OR TO THE TERMS OF SALE (“DISPUTE”) MUST BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY, EXCEPT THAT YOU OR FURNITURE.COM MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIMS QUALIFY FOR SMALL CLAIMS COURT AND THE MATTER PROCEEDS ONLY ON AN INDIVIDUAL (NOT A CLASS OR REPRESENTATIVE) BASIS. This Dispute Resolution/Arbitration Agreement (“Agreement”) applies to Disputes arising before, on, or after the date of your purchase, regardless of whether the applicable limited warranty is in effect.

      You and Furniture.com waive the right to a trial by jury and any right to have a Dispute heard in court. In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator’s decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association (“AAA”) will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA’s Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA’s Commercial Arbitration Rules will apply. The AAA’s rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org or by calling 1-800-778-7879.

      The Federal Arbitration Act (“FAA”) applies to this Agreement and governs its interpretation and enforcement. To the extent the FAA does not apply, the laws of the state of Florida, without regard to principles of conflicts of law, will apply. The arbitrator will decide all issues relating to the interpretation, scope, and application of this Agreement, the Terms and Conditions of Sale, and the Limited Warranty, except that a court located in the state or federal courts, as applicable, with jurisdiction over Hillsborough County, Florida will resolve any question regarding the validity or enforceability of Section B of the Agreement. The term “Dispute” and the requirement to arbitrate will be broadly interpreted. The Agreement will survive termination of the Limited Warranty.

    2. Arbitration Class Action Waiver. You and Furniture.com agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute between you and Furniture.com may not be consolidated with the claim or discovery of any other party. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of the Agreement will be null and void.

    3. Fees and Costs in Arbitration. If your total damage claims are $25,000 or less, not including your attorneys’ fees: (1) the arbitrator may award you your reasonable attorneys’ fees, expert fees, and costs if you prevail in the arbitration; (2) the arbitrator may not award Furniture.com its attorneys’ fees, expert fees, or costs unless the arbitrator determines that your claim was frivolous or brought in bad faith; and (3) Furniture.com will bear all filing fees and administrative fees and either reimburse you for any such fees that AAA requires you to pay upon initiating arbitration or, if you send a written request to Legal Department, 400 Perimeter Center Terrace, Suite 800, Atlanta, Georgia 30346 before you initiate arbitration, pay to AAA any such fees that AAA requires to be paid upon initiation of arbitration. If your total damage claims are more than $25,000, not including your attorneys’ fees, then the arbitrator may award the prevailing party all or a portion of its reasonable attorneys’ fees, expert fees, and costs. In arbitrations conducted under AAA’s Consumer Arbitration Rules, (a) Furniture.com will bear the arbitrator’s fees and expenses, and (b) where no disclosed claims or counterclaims exceed $25,000, the Dispute shall be resolved by the submission of documents only/desk arbitration, except that any party may ask for a hearing or the arbitrator may decide that a hearing is necessary. Except as otherwise provided herein, all filing fees, administrative fees, and arbitrator fees and expenses will be paid in accordance with the applicable AAA rules.

    4. Non-Arbitration Class Action and Jury Waiver. You and Furniture.com agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and Furniture.com waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Furniture.com may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

    5. Severability. If any part of this Agreement is found invalid or unenforceable, then the other parts of the Agreement shall remain in full force and effect, except that if any part of Section B is found invalid or unenforceable, then Sections A and C of the Agreement will be null and void, and the other parts of the Agreement shall remain in full force and effect.

  20. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.

  21. Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you, except that our affiliates are third-party beneficiaries of these Terms.

  22. Interpretation. These Terms, including our Terms of Use and Privacy Policy, are the entire agreement between you and Furniture.com with respect to your Order of Merchandise. Furniture.com’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Furniture.com. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms will inure to the benefit of Furniture.com’s successors and assigns.

  23. Contact Us. If you have any other questions or concerns regarding these Terms, please contact us by mail at: Furniture.com America LLC, 400 Perimeter Center Terrace, Suite 800, Atlanta, Georgia 30346, or by email at customerservice@furniture.com.