Terms

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Thank you for shopping at Furnitureland South. Our mission is to provide a world-class shopping experience for quality home furnishings through a commitment to excellence and integrity in value and service.

Article 1: Terms of Payment

In order to process your order, we require a minimum deposit of 33% of the purchase price, payable in the form of a personal check, cash, cashier’s check, money order or debit card (with PIN). The COD amount will include the balance on the items delivered as well as retaining the original deposit percentage on the items left on order.The only acceptable forms of COD payment are cashier’s check or money order. For special items such as COM upholstery and custom orders, payment of the full purchase price will be made in advance. Orders are subject to manufacturer approval. You will be notified as soon as possible if an item or fabric is delayed or discontinued by the manufacturer. This will not affect the remaining order. A limiting endorsement on a check or other form of payment will not affect or modify customer’s obligations or any of the other terms on this agreement. Furnitureland South [‘FLS’] may apply any payments received without being bound by such limiting endorsements. In case of an error in pricing, you have the option to either cancel the order and receive a refund of your deposit or pay.

Article 2: Deliveries

We will contact you to coordinate delivery as your furniture is received at Furnitureland South. You agree to accept delivery or shipment of pieces within 30 days of this notification (meaning, in some cases, more than one delivery/shipment). If you cannot accept your order as Furnitureland South receives it, we agree to store your order for up to one (1) year from the contract date under the following terms:

• (1) You may be notified as substantial portions of your merchandise arrive here and are deemed by us to be ready for shipment.
• (2) Within thirty (30) days of this notification, you agree to pay the balance of your purchase price plus all delivery/shipment fees. Failure to make this payment in full within thirty (30) days of notification will result in cancellation of your order and forfeiture of your one third (33.3%) deposit which we will retain as a restocking fee.
• 3) You agree to take possession of your order within one (1) year of the contract date or your order will be cancelled and all payments forfeited by you.

If a scheduled delivery is cancelled, refused, or no one is available to accept the delivery, a re-delivery fee will be charged. An in-home furniture delivery company (or “carrier”) specializing in furniture freight delivery will provide two delivery people to unload, uncrate and place your merchandise in your home in the room of your choosing where practical. If your delivery contains oversized or extremely heavy (generally in excess of 300 lbs.) merchandise, you may need to provide additional personnel to assist our carrier in the placement of these pieces. You will need to provide written directions and/or a map to your home and any special delivery instructions. If you cannot be there to take delivery, please arrange to have a responsible person present so that the carrier may rely upon his or her signature as authorized to inspect and accept delivery. If your home is not accessible to the carrier’s truck, they will transport your merchandise to the nearest accessible point and it will be your responsibility to provide a means of transportation from the truck to your home. Any additional fees that are incurred to complete your delivery such as small truck rental, ferry fees, gate fees (limited access communities), after-hours fees or maintenance fees shall be the responsibility of the customer.

Please note the size and dimensions of the merchandise you have ordered and make sure everything will fit in the designated room as well as through all entrance passages by a comfortable margin. FLS cannot warrant that any particular item will fit into any particular area of your home; therefore, cancellations cannot be accepted on this basis. If delivery to the designated room involves limited maneuverability because of narrow halls, doorways or stairwells, etc., neither the carrier nor FLS can be responsible for any damage that could result in attempting placement. If setup in the designated area is not conveniently feasible, delivery will be made to an accessible area. Please clear the designated room and the path leading to it of any obstacles in advance of the delivery date. Delivery personnel will not be able to hang items on walls.

All orders are FOB Seller’s Loading dock. Delivery charges are based on catalog weight. (Actual weight may vary from catalog weight.) FLS reserves the right to require payment in full, five days before releasing the merchandise for delivery in those cases where in our judgment:

• a) the customer’s ship-to address falls within a geographical area to which carriers do not normally deliver.
• b) the customer chooses a carrier that would not normally be selected by FLS or its customers.

Article 3: Warranties

Although we cannot guarantee the customer’s pleasure in his or her selection, we warrant that all merchandise will be shipped in a condition which meets standards set by the manufacturer. The manufacturer’s warranty begins when the merchandise is received by FLS. Therefore, it is to your benefit to accept delivery at the earliest available time. EXCEPT FOR THIS, THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. FURNITURELAND SOUTH SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.

Article 4: Damage

It is important that each item be carefully and thoroughly inspected by you or your authorized agent immediately upon delivery. If, at the time of delivery you notice any damage, defect or deficiency, please notify the delivery personnel and call your Account Manager immediately. You should note any damage, defect or deficiency on the Bill of Lading at the time of delivery. If the problem can be corrected by the delivery personnel, it will be taken care of immediately. If not, upon approval of your Account Manager, the item(s) will be returned to Furnitureland South. Our Quality Control Department will evaluate the item(s). At our discretion the item(s) will be deluxed (restored), factory repaired or factory replaced and then re-delivered to you. You will not be charged for this re-delivery unless the merchandise was of normal production quality. Because re-delivery is expensive, please return only the individual item that is unacceptable and not any companion pieces. To give your returned item the care and attention it requires, please allow our Quality Control Department adequate time to evaluate the problem, coordinate inspection and undertake actual deluxing or repairs. Your Account Manager is available to keep you apprised of the status of your order and estimated time of return. You agree to follow Furnitureland South’s claim procedures. In certain situations, Furnitureland South may elect to leave the product in your home and send an authorized, approved furniture technician to restore or repair the item. The cost of this pre-authorized service will be reimbursed to the customer upon receipt of the technician’s invoice.

Article 5: Customer Pick-Ups

If you choose to pick up your merchandise, Furnitureland South will need 48 hours advance notice to stage and inspect your order. Acceptable forms of payment for pick-ups are cash, cashier’s check or money order. NC state taxes are applicable for all merchandise that is picked up by you or your authorized agent. We recommend that you carefully inspect the merchandise before we release it to you. Any damage or defects are the responsibility of the customer after Furnitureland South releases the merchandise.

Article 6: Cancellations

As soon as you place your order, we begin the procurement process. Therefore, we are not able to accept cancellations. We may, at our discretion, make an exception in which case a restocking charge of one third (33.3%) of the purchase price plus shipping will be charged. No orders are on approval.

Article 7: Add-Ons

Please double check your order for accuracy and to assure that all items needed for a successful set-up have been addressed. Please also consider bedding, bed rails, bed slats, mirror supports, fabric and leather protection, dining table pads and furniture polish.

Article 8: Miscellaneous

Furnitureland South is obligated to collect Sales & Use Tax on goods shipped to several designated states outside of North Carolina. If you change the delivery destination, the freight charges and tax rate are subject to change. In all other states, customers are responsible for paying their own Sales Use Tax, if applicable. This agreement will be governed and construed in accordance with NC law. Exclusive jurisdiction is granted to Guilford County, NC courts. Reasonable attorney fees and collection costs will be assessed to and paid by the customer where a) there is any past due unpaid balance or b) where a claim or action is brought in any other jurisdiction. This document contains everything agreed upon. Any deviation from these terms must be written and signed by both parties.

Article 9: Showroom Samples and Outlet Center Items

The following provisions apply to all merchandise marked “as is” on the attached list of items purchased. Because the one-of-a-kind nature of your purchase and/or because of the discount involved, no refund, repair or replacement will be feasible should your selection subsequently prove unsatisfactory. These are sold AS IS and with all faults. NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, HAVE BEEN MADE BY SELLER IN REFERENCE TO THESE GOODS.

We will store your showroom samples and/or Outlet Center items for up to 90 days without charge. After 90 days a 3% monthly storage fee will be charged. After 6 months, you must either accept delivery or forfeit your order and deposit