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Furniture Mart Terms and Conditions for Factory Direct and Online Orders

Deposits and Method of Payment:
A standard 100% deposit is required to process Factory Direct and Online Orders.

Buyer(s) Responsibilities:

It is the Buyer's responsibility to confirm the size and dimensions of the items purchased to ensure everything will fit in the designated room and through all entrance passages; doorways, hallways, stairwells, elevators, etc. Clear all obstacles in the designated space and path leading to it before delivery. Furniture Mart cannot warrant any particular item fitting into any specific area; therefore, cancellations will not be accepted.

All deliveries are subject to the freight carrier's terms and conditions, including but not limited to damages, repairs, returns, and scheduling deliveries. Once the freight carrier receives the order, Furniture Mart cannot provide any further service regarding the delivery. Therefore, all communication will be between the Buyer and the freight carrier. Additional charges may be applied to locations considered remote or restrictive-access areas by the freight carrier. In addition, any undisclosed delivery obstacles at the destination may cause extra fees to be assessed by delivery personnel at the time of delivery, including, but not limited to: the buildings elevator dimensions will not accommodate the product; greater than the allotted number of flights of stairs; structural restrictions or hindrances; building restrictions; rules restricting deliveries; etc.


If the Buyer wants to pick up the merchandise instead of delivering it, the items will be unassembled in a box or plastic wrapped for transportation. The Buyer should thoroughly inspect the merchandise and note damages on the pickup/delivery receipt. Furniture Mart is not responsible for damages after the merchandise is taken from our warehouse.

Furniture Mart does not assemble merchandise for pickups. However, you can pay for delivery services if an assembly is required.

Order Availability:

As a general rule, Furniture Mart cannot promise a particular delivery date until your order has been received into our warehouse. We will be happy to provide estimated delivery dates; however actual availability may vary from this estimate. Furniture Mart has no control over production or schedule changes made by factories, or over the accuracy of information furnished to us by the manufacturer. Furniture Mart shall not be responsible for delays or defaults in the delivery occasioned by weather, war, strikes, acts of nature, the public enemy, fire, labor, or transportation difficulties or other causes beyond the control of Furniture Mart. Furniture Mart shall not be liable to customers for any damages as a result of any delivery delays. Buyer agrees that changes in availability will not invalidate this order.

Damages:

All merchandise is opened and inspected before delivery. If damage occurs, FURNITURE MART WILL REPAIR OR REPLACE AT THE ORIGINATING MANUFACTURER'S DISCRETION. Furniture Mart makes no warranties beyond the written description of the goods. Merchandise is not guaranteed against excessive wear and use, fading, stretching, soling, pilling or pile crushing.

FURNITURE MART EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This disclosure

does not affect manufacturer’s warranties if any.

Cancellations:

"As-Is" means the item purchased is a final sale, no refunds, no returns, no service on the merchandise.

"Get It Now: In-Stock" means this item is stocked in a Furniture Mart showroom or warehouse. Get it fast!

There are no refunds of deposits after (3) three days from the transaction date for all "Get It Now: In-Stock" merchandise.

"Special Order" and "Short Lead Time: In Stock at Manufacturer" means Furniture Mart has to order merchandise from a manufacturer. The Buyer must cancel the order before the manufacturer has placed it in production or loaded it onto a freight truck. This is the only circumstance in which a full refund will be granted.

Furniture Mart does not accept cancellations on "Special Order" or "Short Lead Time: In Stock at Manufacturer" purchases. These orders are Non-Cancelable and Non-Refundable once the manufacturer starts production or has loaded the merchandise onto a freight truck.

FURNITURE MART DOES NOT ORDER ON APPROVAL

NO REFUNDS ON ANY DELIVERED MERCHANDISE.

Furniture Mart will repair or replace at the originating manufacturer's discretion if damage or defect occurs.

Miscellaneous:

Furniture Mart makes no warranties beyond the written description of the goods on the face hereof. Furniture Mart expressly disclaims any warranty of merchantability or fitness for a particular purpose. This disclosure does not affect manufacturer's warranties if any.

Sales Tax may be adjusted according to state regulations prevailing at the time of delivery.

Errors in pricing: mathematical and inadvertent errors are subject to revision by Furniture Mart.

Any order may be canceled by Furniture Mart for any reason upon refund of any deposits.

FINANCING TERMS SHALL COMMENCE ON FIRST DATE MERCHANDISE IS DELIVERED.

Exclusive venue for any action relating to the enforcement or interpretation of this agreement shall be in the court of competent jurisdiction in and for Duval County, Florida. BUYER WAIVES THEIR RIGHT TO A JURY TRIAL IN ANY LAWSUIT RELATING TO THIS AGREEMENT. If

any provision of this agreement shall be determined to be invalid or unenforceable for any reason, the remaining provisions of this agreement shall be unaffected thereby and shall remain in full force and effect. This agreement shall be binding upon and shall insure to the benefit of the respective parties and respective administrators, executors, other legal representatives, heirs, successors and permitted assigns.

Special Orders are subject to manufacturer approval. Buyer will be notified if an item or fabric is delayed or discontinued by the manufacturer. Buyer agrees this will not affect or void the remaining order.

Merchandise purchased before a manufacturer sales event is not eligible for the sale incentives.

All services fees are non-refundable; this includes but not limited to delivery fees, repair fees, disposal fees, cutting fees, etc.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PRIOR VERBAL AND WRITTEN AGREEMENTS BETWEEN THE PARTIES.