Terms and Conditions for Online Sales

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO COMPLETING THE TRANSACTION(S) THROUGH THE WEBSITE. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION THROUGH THE WEBSITE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

1. Applicability of Terms and Conditions. These Terms and Conditions for Online Sales (these “E-Commerce Terms”) shall apply to any purchase of products and related services by a customer (“customer” or “you”) through www.furniturelandsouth.com (the “Site”). These E-Commerce Terms are subject to change at any time without prior written notice by Furnitureland South, Inc. (referred to herein as either “FLS,” “Company,” “we,” “us,” or “our”). The FLS Terms and Conditions of Sale for in-store purchases, available on the Site, are incorporated into these E-Commerce Terms by this reference. To the extent that there is a conflict between these E-Commerce Terms and the FLS Terms and Conditions of Sale for in-store purchases, these E-Commerce Terms shall control. FLS shall maintain the most recent version of these E-Commerce Terms on the Site. Please review these E-Commerce Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated E-Commerce Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes made therein.

2. Account. In order to transact with FLS via our online store, you must create an account through the Website. To create an account, you will be required to provide certain personal identifying information, which may include: name, postal address, e-mail address, username and password, telephone number, method of payment, and, if applicable, credit card number. FLS may request additional information necessary to establish and maintain a customer’s account. FLS will use and maintain your account information in accordance with its Privacy Policy, which is available on the Site. You agree that FLS can use this information to send you transaction-related communications. During the process of creating an account, you will be prompted to select whether you would like to receive marketing communications from FLS.

3. Online Orders. When placing an order on our Site, you are effectively offering to purchase the products and services you select. We reserve the right to accept or reject any order (in part or whole) in our discretion. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. If we elect to cancel your order due to no fault by customer, you will be refunded any amounts you have paid to that point. If you cancel your order, the restocking fee identified in the FLS Terms and Conditions of Sale for in-store purchases will apply.

4. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered by us in our physical store for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit card, debit card, or use of a bona-fide electronic payment provider (e.g., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

5. Shipping Information. It is our responsibility to ship your accepted order to you at the address you provide when making the order. For online purchases, we only ship domestically. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments beyond our control. If unanticipated delays occur, we will make reasonable efforts to notify the customer and provide updates as new information becomes available to us. For further terms and conditions related to shipment and delivery, please refer to the FLS Terms and Conditions of Sale for in-store purchases.

6. Returns. All returns shall be governed by the relevant provisions set forth in the FLS Terms and Conditions of Sale for in-store purchases.

7. Privacy Policy and Website Terms of Use. Please review our Privacy Policy and Website Terms of Use, which can be found on the Site. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general. Both of these documents are incorporated into these E-Commerce Terms by this reference.

8. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.

(a) Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these E-Commerce Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.

(b) Manufacturer’s Warranty and Company’s Disclaimers. We do not manufacture any of the goods offered on our Site. The availability on our Site of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind, including, without limitation, any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise. The goods are, however, covered by the manufacturer’s warranty as detailed in any product’s description on our Site and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreement[s]. You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.

(c) Liability Cap. UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. ANY CLAIM AGAINST FLS MUST BE BROUGHT WITHIN EIGHTEEN MONTHS FROM THE PURCHASE DATE, OR TWELVE MONTHS FROM THE DELIVERY DATE, WHICHEVER IS LESS.
(d) NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, CUSTOMER SHALL HOLD FLS HARMLESS FROM, AND All WARRANTIES ARE VOIDED FOR, ANY CLAIM DUE TO OR IN ANY WAY RESULTING FROM: (i) ACTS OF GOD; (ii) CUSTOMER’S, OR ANY THIRD PARTY’S, NEGLIGENCE, ABUSE, MISUSE, ACCIDENT, MODIFICATION, TAMPERING, OR ALTERATION RELATED TO THE PURCHASED GOODS; (iii) CUSTOMER’S, OR ANY THIRD PARTY’S, FAILURE TO PROPERLY MAINTAIN THE PURCHASED GOODS; (iv) REPAIR OF PURCHASED GOODS BY ANY PARTY OTHER THAN FLS OR ITS AUTHORIZED AGENTS; OR, (v) THE CONTINUED USE OF THE PURCHASED GOODS FOLLOWING NOTICE OR KNOWLEDGE OF ANY DEFECT OR RISK OF INJURY.

9. Consumer Warning Against Furniture Tipping Over.
(a) Furniture May Tip Over. TO REDUCE RISK OF DAMAGE AND INJURY FROM TIPPING, YOU AGREE TO COMPLY WITH PACKING INSTRUCTIONS, MANUFACTURER’S SAFETY WARNINGS, AND THE FOLLOWING:
• USE FURNITURE ONLY FOR ITS INTENDED PURPOSE
• DO NOT PLACE HEAVY OBJECTS ON TOP OF THE FURNITURE
• NEVER ALLOW A PERSON TO STAND, JUMP, OR HANG ON FURNITURE
• NEVER ALLOW MORE THAN ONE DRAWER TO BE OPENED AT ONE TIME
• PLACE HEAVIEST OBJECTS IN LOWEST DRAWERS
• DO NOT LEAN FURNITURE BEYOND WHAT IS INTENDED IN ITS DESIGN

(b) WE STRONGLY ENCOURAGE THAT UPON DELIVERY AND WITHOUT DELAY YOU PROACTIVELY TAKE EVERY MEASURE POSSIBLE TO SECURE AND ANCHOR DRESSERS AND LARGE PIECES. USING TIP-OVER RESTRAINTS MAY REDUCE BUT NOT ELIMINATE THE RISK OF TIP-OVER.

(c) FLS MAKES NO REPRESENTATIONS OR WARRANTIES RELATED TO ANY MANUFACTURER’S COMPLIANCE WITH INDUSTRY SAFETY STANDARDS OR APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO, THE STOP TIP-OVERS OF UNSTABLE, RISKY DRESSERS ON YOUTH (STURDY) ACT OR THE SAFER OCCUPANCY FURNITURE FLAMMABILITY ACT (SOFFA). SINCE FURNITURELAND SOUTH IS NOT A MANUFACTURER, CUSTOMER WILL NOT HOLD FLS LIABLE FOR LOSSES OR INJURY DUE TO PRODUCT DESIGN OR DEFECT. WE URGE YOU TO CONSULT THE MANUFACTURER’S WEBSITE AND OTHER ONLINE RESOURCES ON HOW TO PREVENT TIP-OVERS. PLEASE EXERCISE THE UTMOST CARE TO ENSURE PRODUCT SAFETY IN YOUR HOME.

10. Third-Party Beneficiaries. These E-Commerce Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these E-Commerce Terms.

11. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, pandemic, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

12. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

13. Partial Invalidity. In the event that any part or portion of these E-Commerce Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14. Governing Law. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF NORTH CAROLINA, WITHOUT REFERENCE TO CONFLICT OF LAWS, OR WHICH PARTY IS DRAFTER. BOTH PARTIES AGREE TO RESOLVE ANY DISPUTE, CONTROVERSY, OR DIFFERENCE BETWEEN THEM THROUGH FRIENDLY NEGOTIATIONS IF AT ALL POSSIBLE. IF NO AGREEMENT CAN BE REACHED, THE MATTER WILL BE RESOLVED EXCLUSIVELY AND FINALLY IN GUILFORD COUNTY, NORTH CAROLINA BY THE OUT-OF-COURT RESOLUTION PROCESS KNOWN AS BINDING ARBITRATION, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH THE APPLICABLE RULES AND PROCEDURES ESTABLISHED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). EITHER PARTY MAY INITIATE THIS. IN THE EVENT OF AN INCONSISTENCY OR CONFLICT BETWEEN THIS AGREEMENT AND AAA PROCEDURES, THIS AGREEMENT WILL CONTROL. IF JUDICIAL ACTION IS NEEDED IN CONNECTION WITH ENFORCING THE ARBITRATION PROVISIONS OR FOR REMEDIES THAT CANNOT BE ARBITRATED, THE PARTIES GRANT EXCLUSIVE JURISDICTION TO THE NORTH CAROLINA JUDICIAL SYSTEM WITH VENUE IN GUILFORD COUNTY. YOU AGREE NOT TO PARTICIPATE IN CONSOLIDATING OR CONSOLIDATED CLAIMS AGAINST US AND WILL NOT PARTICIPATE IN ANY CLAIMS AS CLASS REPRESENTATIVE OR UNDER THE DOCTRINE OF PRIVATE ATTORNEY GENERAL.

Customer will reimburse FLS’ costs and reasonable attorney fees in collecting an unpaid balance that is overdue, or if a claim or civil action is brought against FLS in any other jurisdiction or otherwise not in keeping with these E-Commerce Terms.

15. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

16. Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by personal delivery, overnight courier, or registered or certified mail to:

Attn: Legal
Furnitureland South, Inc.
5635 Riverdale Drive
Jamestown, NC 27282

17. Entire Agreement. These E-Commerce Terms, along with the confirmation email referenced in Section (2) above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s “Terms of Use,” “Privacy Notice” and the Terms and Conditions of Sale for in-store purchases shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.

Last Revised on November 6th, 2024