Please read the following terms and conditions before using this Web site.
AMAZING FURNITURE - TERMS & CONDITIONS "We" (including its various grammatical forms including the possessive) or the "Web site" refers to AMAZING FURNITURE. "You" refers to the person accessing the Web site, or in the event of a minor or other legally incompetent person, the person having legal responsibility for such person. By using the AMAZING FURNITURE Web site, or accepting any benefits arising there from, you consent to our terms and conditions and you become a party to this agreement ("Agreement"). The Agreement governs and controls your use of the Web site, including, but not limited to all orders and purchases you may make. If you do not consent to all the terms and conditions and agree to become a party to the Agreement, without modification, you are not authorized to use the Web site and you should leave immediately. Changes to the Agreement shall be effective when made and published on this site. Placing an order signifies acceptance of our Terms and Conditions in full.
1. Accuracy.
We use reasonable efforts to include accurate and up-to-date information on our Web site, but we make no warranties or representations as to the accuracy of the information and accept no liability or responsibility for any errors or omissions in the content of the Web site. Photographs and color charts displayed on our site are for general information only and can vary considerably from the actual color of the product. We do not guarantee color, tone, shades or finishes on any item. If you are trying to match items with other items you already have, you must do so at your own risk. If a product is inadvertently listed at an incorrect price, we may refuse to accept your order or may cancel your order at any time. AMAZING FURNITURE will contact you before proceeding with your order to give you the option to pay the correct price or cancel. A refund is your sole remedy for orders canceled by us.
2. Order Acceptances and Payments.
An electronic or telephonic “acceptance” of an order is provisional and is becomes final when we have verified price, availability, and quantity. Item availability and price of products offered for sale at the Web site are subject to change without notice, including the updating of our online catalog. Payment of the full purchase price must be made upon the acceptance of this agreement because of the one-of-a-kind nature of your purchase and/or because of the discount involved, no refund or replacement will be feasible should your selection prove unsatisfactory. AMAZING FURNITURE accepts MasterCard, Visa, Discover, PayPal, certified checks or money orders. At this time, we do not offer C.O.D. terms. Certified checks and money orders by prior arrangement only. Orders are subject to manufacturer approval and warehouse availability. 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. Defective payments are subject to all charges, attorney fees and court costs allowed by statute. All payment accepted in US Dollars only.
3. Cancellations; Return Policy.
(a) As soon as you place your order, we begin the procurement process from your chosen furniture manufacturer. Once we contact our warehouse or the manufacturer, we are able to cancel or change that order only within 48 hours. After 48 hours expires, we will not be able to make a cancellation without penalty because your merchandise might be shipped out of one of our warehouse or once we have placed it at your request, from the manufacturer, Amazing Furniture and you, our customer, each become obligated to complete the payment of the purchase price. For that reason, we are unable to accept cancellations, in either whole or part, once the order is placed. Because your order is custom-ordered for you, we cannot return it to the manufacturer, we must charge a cancellation fee of fifty percent (50%) of your order, or portion of an order canceled plus actual shipping charges (if order was shipped out), if a cancellation is permitted. This fee helps to defer the product restocking and freight charges.
(b) When your furniture is ready for shipment, you will be notified to schedule delivery appointment. If you refuse the delivery appointment of your furniture, this will be treated as an unauthorized cancellation of your order, customer agrees to pay a cancellation fee of 50% of your order plus actual shipping charges. This fee helps to defer the restocking cost and freight charges.
(c) If merchandise is damaged or defective, we will arrange repair or replacement, in our sole discretion, of products, which do not conform to the manufacturers specifications. We may ask you to fix the damage and we will reimburse the cost of repairs. Furniture may be repaired in your home or may be returned for repair. Customer agrees to accept delivery appointment for any backorders, repairs or replacement furniture to complete the order process. Returns may be authorized pursuant to paragraph 3(a) only. No merchandise may be directly returned to AMAZING FURNITURE under any circumstances.
4. Delivery times.
In an effort to keep our costs low and to offer competitive prices to our customers, we order delivery from the closest warehouse to your town and area or we order your furniture directly from the manufacturer. Please be aware that delivery dates are estimated in good faith, but are not guaranteed. Delivery dates are subject to variation due to availability at the specific warehouse or manufacturers’ production schedules, importing schedules, market conditions, weather, etc. While we estimate 6 to 8 weeks delivery time, delivery could be less than 6 weeks and it could be more than 8 weeks. These time periods are only estimates based upon past experience and we are not responsible for manufacturer delays or changes in shipping dates. If some items are delayed, we can "split ship" the order and only the weight shipped would be charge for in shipment.
5. Shipping and Handling; Taxes.
Product prices are calculated including shipping and handling (delivery charges). However, they are calculated only for the pieces that are included in the listing. If an additional item is added to the purchase, shipping and handling charges will be recalculated and the difference to be paid by the customer before delivery. ESTIMATED delivery charges are provided in good faith, but may vary. Shipping is by independent contract carriers who are obligated to fulfill delivery of your order. They will contact you prior to delivery, so as to establish an approximate time window for you to receive your delivery. If no one is home to receive your delivery, a repeat attempt will be made. If the second time shipping company will not be able to contact you, additional delivery charge may be incurred. Remote or inaccessible delivery areas may be subject to surcharge or you may be required to take delivery at a location acceptable to our contractors. Sales Tax (currently 8.375%) will be charged on all items delivered to addresses in New York Tri-State Area. If use tax is charged by your state for items purchased in another state, it is your responsibility to report and pay any such taxes. When the delivery carrier calls for delivery appointment, sometimes they can try to accommodate your needs, however due to scheduling many other deliveries across the United States, the delivery carrier may NOT be able to accommodate the times you want and you the customer agrees to make arrangements to accept your delivery of your furniture at the time window the delivery carrier request.
6. Delivery and Damage.
(a) All orders should be inspected upon arrival by the purchaser. If, at the time of delivery you notice any damage, defect or deficiency, you MUST describe this on the Bill of Lading retained by the driver. Because Deliver cost is so expensive and to prevent future damage, Customer agrees to return damaged or defective items ONLY and keep furniture items that are ok. If items returned are found to be of manufacturers quality, customer agrees to pay a redelivery fee. Return only items that are damaged or defective. If you do not properly report the damage, defect or deficiency at the time of delivery, we will not be able to assist with later claims. If the delivery personnel can correct the problem, it will be taken care of immediately. If not, the shipper will return the item for repair or replacement, at our discretion and then redelivered to you. You will not be charged for this redelivery unless the merchandise was of normal production quality. Customer agrees to accept delivery appointment for any backorders, repairs or replacement furniture to complete the order process. Orders refused for delivery after 30 days will be subject to storage fees of a minimum of $50.00 charge per month or $10.00 per 100 lbs. (b) The delivery service will bring the furniture inside the home and place it in the room of your choice only if “White Glove Delivery” service is purchased. If “White Glove Delivery” service is purchased, they will go up or down a maximum of two flights of stairs. If they must go up or down more than two flights, there will be an additional charge. Please measure all elevators, hallways and doors to be sure that this will not cause a problem. Allow adequate room for maneuvering bulky pieces. We will not be responsible for costs or returns arising from insufficient space or clearance for goods to be delivered. In the event the furniture does not fit into the house or room, the delivery service will not return the merchandise without an authorization from AMAZING FURNITURE. Pieces that we custom-ordered for you and cannot return it to the manufacturer, we must charge a restocking fee of twenty five percent (25%) of your order plus actual shipping charges.
(c) Mirror supports, center supports and bed slats, unless specified, are not included with your furniture. You may request these items, for a fee, from us before delivery order was shipped. Delivery personnel will not hang wall mirrors and will not assemble Bunk Beds, Loft Beds, "Ready To Assemble (RTA)" furniture or accessory items, i.e. drawer knobs. Please Note: Liability issues and time required prevent us from offering assembly of bunk beds, lofts beds and Ready-to-Assemble furniture. We will still inspect the product and place it in the room of your choice (“White Glove Delivery” services only). Delivery personnel will normally unpack curio cabinets or grandfather clocks, but will not be required to assemble glass shelving, clock chimes or pendulums (“White Glove Delivery” services only).
(d) Most deliveries are schedule for Monday-Friday. If you request weekend deliveries only, then you are subject to a 20% increase in your freight charges.
(e) Since safety and environmental regulations prevent the carrier from transporting the used packaging materials, delivery personnel will not be responsible for taking back cartons or crates unless “White Glove Delivery” services is purchased.
7. Private pickup.
If you choose to pick up your merchandise, from our warehouse, they will need 48 - 120 hours advance notice to stage and inspect your order. We will notify you when your order is ready for pickup and give you the phone number of the warehouse or the store at that time so you can arrange your pickup appointment. NY state taxes of 8.375% are applicable for all merchandise that is picked up by you or your authorized agent in New York. 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 AMAZING FURNITURE releases the merchandise. Fees that apply for PICK UP. Mirror supports, center supports and bed slats, unless specified, are not included with your furniture. You may request these items, for a fee, from us upon pick-up
8. Furniture Manufacturers
The furniture AMAZING FURNITURE sells is manufacturered around the World or here in the U.S by Quality manufacturers from many different companies who warehouse the furniture here in the United States. All of our furniture is name brand furniture.
9. Specials & Limited Time Offers
All sales, special offers, and limited time promotions are available for appointed time periods only. They cannot and will not be applied to sales closed before or after such time periods.
10. Warranties.(a) Manufacturers Warranty.
We do not provide any warranty. Your sole warranty, if any, is the warranty provided by the manufacturer, which is generally limited to defects in materials and workmanship. A copy is available from us upon request and may be included with your order.
We make reasonable efforts to protect the integrity of our Web site. However, we make no representations or warranties that our web site is free from software defects, viruses, or other content, which could be incompatible with or harmful to your computer, or its contents. You assume all risks when using our Web site, including accessing links to other sites, which we do not review.
11. DISCLAIMERS.
AMAZING FURNITURE MAKES NO WARRANTIES OF ITS PRODUCTS BUT ASSIGNS TO THE PURCHASER MANUFACTURER’S WARRANTIES, IF ANY. TO THE EXTENT PERMISSIBLE BY LAW, AMAZING FURNITURE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. WE FURTHER DISCLAIM ALL OTHER DAMAGES, INCLUDING CONSEQUENTIAL, INDIRECT, AND EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE WEB SITE OR YOUR PURCHASE OF PRODUCTS FROM US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. Content, Copyright, and Trademark.
(a) This Web site, including text, graphics, photographs, logos, buttons, icons, images, sounds, audio and video clips, functionality, trademarks and software, is the property of AMAZING FURNITURE as owner or licensee and protected by various U.S. and international copyrights, trademarks and patents. It is intended solely for your use as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, copying, display or performance of the content on this Web site is strictly prohibited without our written permission. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
13. Applicable Law and Arbitration.
New York law shall govern any disputes, unless superseded by the laws of the United States, without giving effect to any principles of conflict of laws, and shall be subject to the jurisdiction of New York courts. Venue shall be in Kings County, New York. Customer agrees that Cost of Court Fees and attorney fees shall be awarded to AMAZING FURNITURE in the event dispute takes place in New York or any other State in the United States.
14. Waivers and Incorporation.
This Agreement, in conjunction with other information published on the Web site, constitutes the entire agreement and may only be waived or changed by a writing signed by the party adversely affected. If any portion is deemed unenforceable under prevailing law, then that portion may be removed without affecting the remainder of our terms and conditions. Our employees and representatives are not authorized to waive or modify our terms and conditions by any means, express or implied. |