Furnitureland South, Inc. Terms and Conditions of Sale
This Agreement is incorporated into the Customer’s Order by this reference. By signing this Agreement and/or submitting the initial deposit, Customer accepts and agrees to the below terms and conditions.
DEFINITIONS
- Customer, you, your = person placing order or entering into this Agreement.
- Day = calendar day.
- FLS, us, we, our = Furnitureland South, Inc.
- Home, Destination = the address where you have asked us to deliver your Items.
- Merchandise, Item (or Items) = products you have ordered.
- Order = Sales Order
- Purchase Price = the total price indicated on the Order.
- Notification = when we inform you that Items are ready to deliver.
ARTICLE 1 - PLACING YOUR ORDER & DEPOSIT
When you place your Order, we require a deposit of fifty percent or more of the Purchase Price. For purchases involving fabric from a different manufacturer, we require payment of the full Purchase Price. Fulfilment of your Order is subject to the manufacturer’s approval and availability of Items. If an Item is unreasonably delayed or not available, we will let you know and offer a refund or reselection. This will not affect your agreement to purchase the remaining Items ordered. If you do not schedule and accept delivery or do not pay the remaining balance of the Purchase Price, FLS will cancel your Order. If your Order is cancelled, a Restocking Fee equal to one third of the total price of the Items in your Order will be applied.
ARTICLE 2 - COMPLETING YOUR ORDER
A. Please double-check the list of Items you have ordered for accuracy to assure you have included everything needed. Consider bedding, bed rails, bed slats, mirror supports, dining table pads, and furniture polish.
B. Before completing your Order, note the size and dimensions of each Item and assure they will fit where you want them placed.
ARTICLE 3 - NOTIFICATION, SCHEDULING DELIVERY, PAYMENT OF BALANCE
A. When Items are ready to deliver, we will email you and coordinate a delivery date. Notification is deemed received when sent to the email address you have given us. Let us know of any change to the email address you have given us, to ensure timely and proper delivery.
B. Single Delivery. If all of your Items will be delivered in a single delivery, you agree to pay the remaining balance of the Purchase Price within 30 days of Notification.
C. Multiple Deliveries. If FLS opts to deliver your Merchandise in multiple deliveries, you will receive a Notification each time Items in your Order are ready for delivery. In such circumstances, you are only required to pay the delivery fee and the remaining balance on the Items scheduled for a particular delivery within 30 days of each Notification.
D. Payment must be received and cleared before delivery. If payment is not received within 30 Days of Notification, we will terminate this Agreement on Items not paid for and apply the Restocking Fee to Items removed from your Order.
E. If you do not accept delivery within 30 Days of Notification, we will store your Merchandise free of charge for an additional 150 Days, provided you have paid the remaining balance of the Purchase Price. This means a total of 180 Days of free storage. After the 180 days, a monthly storage fee equal to two percent (2%) of the Purchase Price will be applied. Delivery of all Items must be accepted within one year of Notification. If delivery is not accepted within one year, or if the storage fee is not paid monthly, we have the right to terminate this Agreement, retain the Restocking Fee, and collect unpaid storage fees.
F. Once your delivery has been scheduled, a redelivery fee will be charged if you cancel or do not accept the delivery.
G. As noted elsewhere, the manufacturer’s warranty begins the day we receive your Merchandise. Therefore, the sooner you accept delivery, the more benefit you will receive from a Manufacturer’s warranty.
ARTICLE 4 - DELIVERY
A. We will send a team (our “Team” or “Delivery Team”) to deliver, unload, unbox, and place the Merchandise in your Home.
B. We may wait for all of your Merchandise to arrive before scheduling delivery, or we may choose to make partial deliveries (without adding to the delivery fee) as individual Items arrive.
C. If you desire partial deliveries at different times outside our normal delivery schedule, there will be a fee for each partial delivery.
D. If you cannot be present to accept delivery of your Merchandise, you agree to arrange to have an authorized person present to inspect, accept, and sign for delivery on your behalf. If the Destination is not reasonably accessible, our Delivery Team will transport your Merchandise to the nearest accessible point, and you will transport the Items to the Destination from there. If delivery to your Home involves our paying a fee (for instance, a small-truck rental, ferry use, gate fee, after-hours fee, or a fee for limited-access communities) you agree to reimburse us. If needed, you will provide an additional person to assist our Team. If needed, please give us written directions, a map to your Home, or any special delivery instructions.
E. Our Delivery Team will require convenient access from outside your Home, through and to the area where you would like your Merchandise placed (including a clear space for placement). Our Team will not move anything in your home that impedes placement of your Merchandise. Please make sure the Items will fit through entrance and passageways by a comfortable margin before delivery. If you direct delivery through areas with limited space such as narrow halls, doorways, or stairwells, we will not be responsible for damage that may result in attempting placement. If the designated area has not been cleared or is not practical to reach, Items will be placed at the nearest point accessible. Our Team will not attach, mount, or hang Items on walls, set up pool tables, start clocks, or install televisions or other electronics.
F. Our Delivery Team will carry Merchandise up or down three floors. We may agree to deliver Items to additional floors for a fee of $50 per floor, per Item. This is not covered by delivery promotions.
G. Delivery fees are based on actual weight.
H. FLS will not be liable for damages resulting from delays in delivery due to circumstances beyond our reasonable control.
ARTICLE 5 - DAMAGED, DEFECTIVE, OR MISSING ITEMS
You or your authorized agent should carefully inspect Merchandise when it is delivered. Should you find any damage, defect, or if anything is missing, please tell our Delivery Team and note it on the Bill of Lading. If the problem can be corrected by our Team, they will do so immediately. If our Team is unable to correct it, they may leave the Item in your Home and we will send an authorized furniture technician to restore or repair. If neither of these options can be accomplished, the Item will be returned to us. Our Customer Service Department will evaluate the Item and decide on restoration, factory-repair, replacement or another solution. Then we will redeliver the Item to you. You will not be charged for this redelivery unless the Item met manufacturer’s quality standards when delivered. We will accept for return only the Items that need additional attention.
ARTICLE 6 - LIMITED WARRANTIES
A. Although we cannot guarantee your satisfaction with the Merchandise (sales are not made on approval) we promise each Item will meet quality standards set by the manufacturer. Manufacturer’s warranties begin when an Item is received by FLS, so it is beneficial for you to accept delivery at the earliest available time.
B. FLS DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. CUSTOMER WILL NOT HOLD FLS RESPONSIBLE FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO, OR ARISING OUT OF, ANY PROVISION OF THIS AGREEMENT, ANY MERCHANDISE WE DELIVER, OR SERVICES WE PERFORM. OUR TOTAL, CUMULATIVE LIABILITY WILL BE LIMITED TO A FULL REFUND OF THE PURCHASE PRICE. ANY CLAIM AGAINST FLS MUST BE BROUGHT WITHIN EIGHTEEN MONTHS FROM THE PURCHASE DATE, OR TWELVE MONTHS FROM THE DELIVERY DATE, WHICHEVER IS LESS. NOTHING IN THIS AGREEMENT WILL EXCLUDE OR LIMIT ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
C. SHOWROOM SAMPLES, OUTLET PURCHASES, AND CLEARANCE ITEMS ARE SOLD AS IS, WITH ALL FAULTS. NO REFUND, REPAIR OR REPLACEMENT WILL APPLY.
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) BUYER’S OR ANY THIRD PARTY’S NEGLIGENCE, ABUSE, MISUSE, ACCIDENT, MODIFICATION, TAMPERING, OR ALTERATION RELATED TO THE MERCHANDISE; (iii) BUYER’S OR ANY THIRD PARTY’S FAILURE TO PROPERLY MAINTAIN THE MERCHANDISE; (iv) REPAIR BY ANY PARTY OTHER THAN FLS OR ITS AUTHORIZED AGENTS; OR, (v) THE CONTINUED USE OF THE MERCHANDISE FOLLOWING NOTICE OR KNOWLEDGE OF ANY DEFECT OR RISK OF INJURY.
ARTICLE 7 - 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 OR HANG ON FURNITURE.
- NEVER ALLOW MORE THAN ONE DRAWER TO BE OPENED AT ONE TIME.
- PLACE HEAVIEST OBJECTS IN LOWEST DRAWERS.
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.
ARTICLE 8 - CUSTOMER PICK-UPS FROM OUR STORE
When you or anyone acting on your behalf takes possession of Items at FLS, or arranges for a delivery from FLS, the shipment is FOB our store in Jamestown, NC. This means you accept responsibility for transporting and insuring the Merchandise once it leaves our Distribution Center. We request two business days advance notice to inspect and prepare your Merchandise. Acceptable forms of payment for pick- ups are cash, cashier's check, money order, MasterCard, Visa, or Discover. You agree to carefully inspect all Merchandise before we release it to you. Any unnoted damage, defect, or missing Item is the responsibility of the Customer after we release the Merchandise. FLS may provide reasonable assistance in loading the items into the vehicle you provide, but will not be responsible for failure to package or secure the items properly, or for any damages related to the transportation or installation of the items. Additionally, at the time of pickup, FLS may require you to sign a document which releases FLS from further liability related to the Order.
ARTICLE 9 - OTHER IMPORTANT MATTERS
A. Sales & Use Tax. We are obligated by law to collect Sales & Use Tax for most states, which will be collected when you pay your deposit. If you change the Destination, the delivery fees and tax rate may be adjusted. North Carolina sales tax applies when Merchandise is picked up at FLS or delivered to a North Carolina address.
B. 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 US 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 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.
C. The Customer will reimburse FLS’s 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 this Agreement.
D. This document contains everything agreed on between the Parties. To be effective, any change in these terms as printed by FLS in this document must be in writing and signed by both Parties. Customer cannot assign its rights under this Agreement to a third party. A Customer’s obligations under this Agreement will not be affected by chargebacks, or a limiting endorsement on checks.
E. By making a deposit, you show your agreement with these terms. To request a change in features such as your Order, delivery, or method of payment, you authorize us to rely and act on communications by paper writing, phone, fax, text, email, or other electronic media.
F. If part of this Agreement is found unenforceable it will be interpreted to lawfully accomplish its essential purpose. The other provisions will not be affected.
G. In case of an error in pricing, you have the option of either terminating the Order and receiving a refund of your deposit or paying the correct Purchase Price. In case of error in our calculations you agree to pay the correct amount.
H. Sections 3 – 9 will survive termination of this Agreement.
I. The headings in this Agreement are for convenience and will not affect interpretation.
Last Revised on January 18, 2024