Terms and Conditions
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of
this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of
www.SectionalsAndSofas.com. The collective work includes works that are
licensed to www.SectionalsAndSofas.com. Copyright 2003, www.SectionalsAndSofas.com
ALL RIGHTS RESERVED. Permission is granted to electronically copy and
print hard copy portions of this site for the sole purpose of placing
an order with www.SectionalsAndSofas.com or purchasing www.SectionalsAndSofas.com
products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with
www.SectionalsAndSofas.com or to purchase www.SectionalsAndSofas.com products. Any
other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by www.SectionalsAndSofas.com. You further agree
not to change or delete any proprietary notices from materials
downloaded from the site.
Free Shipping
Free
Shipping refers to only the 48 contiguous states. For all other states
and countries, the extra fees will be assessed upon delivery. Any
additional taxes, brokerage fees and shipping costs associated with
shipping to another country, outside of the USA, will be charged to the
customer. Delivery charges to both USA and foreign countries displayed
upon checkout are merely approximations. All users acknowledge the 4-6
week estimated delivery time is merely an estimate. www.SectionalsAndSofas.com will
make a good faith effort to expedite merchandise, however delays from
outside manufacturers, carriers and shippers may occur.
Damages
All
products are fully inspected and in perfect condition before being
shipped out. When the merchandise is received, we ask that you inspect
the outside of the cartons for any shipping damage. In the event there
is noticeable damage (even if it is only slight) to the cartons or
packaging, or you receive the incorrect product, please note it on the
freight bill as �DAMAGED IN TRANSIT� and report the damage to us
within
24 hours. This is VERY important. If you do not write this on the
freight bill and contact us, we cannot guarantee that your delivery
will be repaired, replaced, or otherwise remedied. If you return a
damaged item without receiving authorization from us, the return will
not be accepted and you will be responsible for the cost to reship the
item per our standard return policy. Failure to write "DAMAGED IN
TRANSIT" will release www.SectionalsAndSofas.com from all damage liabilities.
In order for us to process a replacement, you may be required to send
pictures of the damaged/incorrect product and/or packaging to us.
Please also retain the original packaging unless otherwise directed by
our customer service department.
Large items that are delivered by a heavy freight company should
be accepted regardless of damage. Please note the damage on the freight
receipt, and report it to us within 24 hours. Smaller
items that ship via FedEx ground will be left at your door without a
signature required. If you do require a signature, contact FedEx once
you have received your tracking number.
In
cases
when the listed shipping destination is an outside carrier that we did
not subcontract (3rd party broker, ferrys, etc), we are only
responsible for items until they arrive at the provided shipping
address. We are not responsible for any
damage that may occur from the mid-point shipping address to the final
destination.
Currency
www.SectionalsAndSofas.com is not responsible for an increase or decrease in the customer's
foreign currency against the US Dollar. If there is a refund issued,
it will be in the same amount of US Dollars as when the order was
placed.
Phone Orders & Check By Mail
If
you place an order over the phone you are responsible to review the
order and ensure accuracy within 24 hours of processing. We will not
be responsible for phone orders received incorrectly.
Check by Mail orders are to be sent to the following SectionalsandSofas.com address:
PO BOX 47852
Plymouth, MN 55447
Cancellation Policy
Cancellation policy
for sofas and sectionals: Orders of sofas or sectionals that have left the
manufacturer and are in transit will merit a 70% refund in the form of
store credit. All cancellations must
be communicated to us via email and sent to either:
customerservice@sectionalsandsofas.com or sales@sectionalsandsofas.com.
Return Policy
If
you are simply unhappy with the product customers may return any item
within 14 days of delivery. You would be responsible for round trip
shipping fees, and a 20% re-stocking fee would apply. All returns must
be returned in their original packaging.
If
your order is damaged you must email us a clear picture showing the
damage within 24 hours of receiving your order, once FedEx or our other
carriers picks up the item and bring it back to our distribution
facility, you will receive a 100% refund, and NOT BE RESPONSIBLE for
any shipping charges.
www.SectionalsAndSofas.com retains the right to distribute refunds via Check. Settlement and
refund checks are issued with the understanding that no other party has
asserted, or will assert a claim or cause of action related to your
settled shipment. Resolution of a case is finalized once the customer
accepts and deposits our refund checks. Settlement and refund checks
are an attempt to compromise on a disputed claim, and is not an
admission of liability. Acceptance of our settlement or refund checks
releases any and all salvage rights of the shipment in question and
precludes the customer from issuing further claims against www.SectionalsAndSofas.com,
it's parent, subsidiaries and affiliates.
Re-Delivery/Re-Routed/Refused Shipments
Our freight
carrier will contact you to arrange an appointment to deliver your
order. If you are not home at this agreed upon delivery time or if you
tell the carrier to come back at a later time (for any reason), you may
be charged a $55 - $120 fee for re-delivery. The decision
to schedule and attempt a re-delivery will be made solely at the
carriers discretion.
In
you choose to re-route your shipment to be delivered to a different
address, you will be responsible for any and all re-routing fees
charged by the carrier.
If
refuse a shipment not due to damage or defect, you will be responsible
for the full purchase price of your order in addition to round trip
freight costs associated with having the order shipped back to us.
Custom Items: Under
no circumstances can we accept returns on custom orders 24 hours after
they have been placed. Please call us before you place
your order if you'd like more details on a specific product's return
policy. Customized items which includes changing the color or shape of
an item. Clearance and/or overstock items cannot be returned or
exchanged, no exceptions.
Items that Do Not Fit:
In the event the
furniture does not fit into the room or into your house, the delivery
company will not return the merchandise without an authorization from www.SectionalsAndSofas.com. In this case, the customer is responsible for the
freight cost both ways and a 20% restocking fee, no exceptions.
Trademarks
All
trademarks, service marks and trade names of www.SectionalsAndSofas.com used
in the site are trademarks or registered trademarks of
www.SectionalsAndSofas.com
Warranty & Cancellation Disclaimer
By
agreeing to these terms and conditions, you recognize that our
estimated arrival times are purely estimates and we do not, in anyway,
guarantee any delivery date. Returns not due to defect or damage
merits the customer to pay round trip shipping charges as well as a 20%
re-stocking fee. The customer can
cancel an order in transit and receive a 50% refund in the form of store credit. Gift cards are
not able to be canceled. If the customers order is damaged or
defective, a damage claim must be reported within 24 hours of delivery
and the customer will receive a refund just for that specific item, and
not the other items that are not defective or damaged. If the customer
is making a claim of defect, we will arrange to have the defective item
picked up as long as we are emailed, at, customerservice@sectionalsandsofas.com
a clear picture showing the damage. We cannot guarantee the exact
dimensions of our products. Due to the manufacturing process, it is
possible that there can be slight differences in the quoted vs. actual
dimensions. A refund will only be issued if the dimensional difference
makes the product unusable for intended purposes. If a quality related
issue is being filed after 14 days of receipt and within 1 year of
purchase, you agree to bear the freight costs of transit back to our
nearest warehouse facility. If our inspectors confirm there is a
quality related defect, you will recieve a full refund and not be
responsible for the freight charges. This site and the materials and
products on this site are provided "as is" and without warranties of
any kind, whether express or implied. To the fullest extent permissible
pursuant to applicable law, www.SectionalsAndSofas.com disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
non-infringement. www.SectionalsAndSofas.com does not represent or warrant
that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or
the server that makes the site available are free of viruses or other
harmful components. www.SectionalsAndSofas.com does not make any warrantees or
representations regarding the use of the materials in this site in
terms of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or
exclusions on warranties, so the above limitations may not apply to
you. If a chargeback takes place from the customer which violates
these terms and conditions, www.SectionalsAndSofas.com has the right to pursue
legal recourse for losses, damages and legal fees.
Colors/Shades
We
do not guarantee color, tone, shades, or finishes on any item because
screen settings may vary from computer to computer. For the best
depiction of item color, set screen so that other items in the picture
seem to be in their natural color. If you are trying to match items
with other items you already have, you must do so at your own risk.
Please read our return policies before making a purchase. Additionally,
when purchasing items made with leather
please be advised that color shades can vary from dye lot to dye lot.
Limitation of Liability
www.SectionalsAndSofas.com
shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if www.SectionalsAndSofas.com
has been advised of the possibility of such damages. Applicable law may
not allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not
apply to you. In no case shall www.SectionalsAndSofas.com be held liable in
case of later delivery than quoted.
Typographical Errors
In
the event that a www.SectionalsAndSofas.com product is mistakenly listed at an
incorrect price, or with an incorrect descriptor, www.SectionalsAndSofas.com
reserves the right to refuse or cancel any orders placed for product
listed at the incorrect price or description. www.SectionalsAndSofas.com
reserves the right to refuse or cancel any such orders whether or not
the order has been confirmed and your credit card charged. If your
credit card has already been charged for the purchase and your order is
cancelled, www.SectionalsAndSofas.com shall issue a credit to your credit card
account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated or changed by
www.SectionalsAndSofas.com without notice. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any termination.
Notice
www.SectionalsAndSofas.com
may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to
www.SectionalsAndSofas.com.
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of
www.SectionalsAndSofas.com products) shall be in the state or federal courts
located in Los Angeles County, California. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of www.SectionalsAndSofas.com products) must be commenced within one
(1) year after the claim or cause of action arises.
www.SectionalsAndSofas.com's failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
of these terms and conditions. www.SectionalsAndSofas.com may assign its
rights and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a www.SectionalsAndSofas.com or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute,
or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
www.SectionalsAndSofas.com
does not and cannot review all communications and materials posted to
or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, www.SectionalsAndSofas.com is
merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, www.SectionalsAndSofas.com reserves the right
to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to www.SectionalsAndSofas.com in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless www.SectionalsAndSofas.com, its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors,
www.SectionalsAndSofas.com may link to sites operated by third parties.
However, even if the third party is affiliated with
www.SectionalsAndSofas.com, www.SectionalsAndSofas.com has no control over these
linked sites, all of which have separate privacy and data collection
practices, independent of www.SectionalsAndSofas.com. These linked sites are
only for your convenience and therefore you access them at your own
risk. Nonetheless, www.SectionalsAndSofas.com seeks to protect the integrity
of its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).
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