1. ACCEPTANCE OF TERMS
These terms and conditions of use (the “Terms and Conditions”) apply to the website located at http://www.fostersfurniture.com and/or its mobile applications (the “Site”) and to your desire and decision to engage in business with Foster's Furniture, a Washington State Corporation. The Site is maintained by or on behalf of Foster's Furniture (the “Company”). Your use of the Site and your desire and decision to engage in business with Foster's Furniture constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE.
The Company reserves the right to modify these Terms and Conditions at anytime by posting revised Terms and Conditions on the Site without prior notice. You should visit this page from time to time to review the then current Terms and Conditions. Your continued use of this Site following any such modification will signify your unconditional acceptance of the Terms and Conditions, as modified.
2. ACCURACY OF INFORMATION
The Company uses its commercially reasonable efforts to ensure that the information appearing on the pages of the Site are up-to-date and complete and contain no inaccuracies or errors. Despite all our efforts, some errors may occur and the Company will do everything possible to ensure these errors are corrected as soon as reasonably possible. The Company and its affiliates, directors, employees, officers, shareholders, agents, website designer and website provider (collectively the “Associates”) make no representation as to the completeness, accuracy or correctness of any information on the Site.
3. ORDERING, PAYMENT, CANCELLATIONS AND RETURNS
All internet orders and orders placed for merchandise taken from our stock on hand require payment in full at time of sale. All past due accounts will be charged at 1.5% per month interest on the unpaid balance, and an additional 5% penalty will be charged on the unpaid balance after 90 days. You agree that you shall pay all of The Company's costs of collection, including reasonable attorney's fee, in the event that The Company shall be required to undertake collection acttion against you.
If you reside outside the State of Washington, it is your responsibility to properly file and pay any of your obligations to your governing tax entity, including but not limited to any duties, taxes, or any other government manded fee or tax associated with your respective purchase. You are responsible for any and all liability or penalty arising from your failure to properly file and pay any such duties, taxes, or fees.
It is your responsibility to request material samples for accuracy verification. It is your responsibility and requirement to return any such material samples that you borrow from The Company. The Company may opt to bill you for the replacement value of material samples that you do not return. It is your responsibility to request detailed sizes, functions, and material samples, or product information of any kind, prior to placement of your order. Items cannot be returned due to lack of satisfaction with merchandise resulting from failure to request any or all of the above details, specifications, or material samples.
Cancellations and Returns: Items you order from The Company of which are not held in The Company's existing stock on hand are Special Orders. Special Orders cannot be cancelled, and Special Order Merchandise can not be returned. Deposits on Special Orders cannot be returned. If for some unforeseeable mistake arising from factory error, or product damage arising from mishandling by a shipping or delivery company, you agree to receive the items and notate at time of delivery any such order discrepancy or product shortage and/or damage, you agree to give The Company immediate written notice of any such error or damage, and further agree to give The Company an additional 120 days from the date of said written notice to resolve the matter, by The Company either repairing and or exchanging the involved item or items at The Company's option. The Company will under no circumstances exchange any merchandise nor accept return of any merchandise without written authorization from the Company to you. Any returns made without the Company's written authorization to you will be denied and you will be responsible for any associated charges or fees.
The Company makes reasonable efforts to ensure merchandise is delivered in new condition. You agree to inspect any and all items at time of delivery and to document in writing on the delivery company's paperwork or acceptance documentation any problems with any item. You agree to notify the Company of any problems within 24 hours of receipt of merchandise. Undamaged merchandise, of which was not Special Ordered, and is requested to be returned, is subject to a 20% restocking fee and notification of request for return must be made no more than 48 hours after receipt of merchandise. Any merchandise returned without the Company's written authorization will be refused and you will be responsible for any associated charges or fees. Any merchandise authorized for return must be unused and in original factory packing. Shipping and delivery charges are not refundable, and you are responsible for any return shipping fees for authorized returns to The Company as well as any original shipping and delivery fees associated with the merchandise original shippment and delivery to you. Upon receipt of authorized returned merchandise The Company will inspect said merchandise for verification that merchandise was not used or damaged, and as such The Company reserves the right to accept or deny any return.
Orders for items purchased from The Company's stock on hand and held by The Company for more than 30 days can not be cancelled, and deposits on such orders cannot be returned. You agree to pay, on a prorated basis, a per month storage fee of 1.5% of the purchase price of your item(s) held over 30 days.
Shipping dates given by The Company are estimates provided by The Company's resources. Occasionally due to circumstances beyond The Company's control it is impossible to meet those estimated dates. Any products or services you Special Order from The Company cannot be cancelled, and deposits on Special Order products or services cannot be returned.
4. INTELLECTUAL PROPERTY
All trademarks, trade dress, patents, copyrights and other intellectual property rights and materials, including images, text, illustrations, logos, designs, photographs, names, trade names, icons, programs, software and other materials that are part of this Site (collectively the “Content”), including but not limited to the arrangement, compilation, design and structure of such Content is subject to and protected by trademark, copyright and patent laws and is owned, controlled, licensed or, where required, used with permission by the Company.
The Company and its suppliers and licensors expressly reserve all intellectual property rights in all Content, products, processes, technology and other materials that appear on the Site. Access to the Site does not confer upon anyone any license under any of the Company's and third party’s intellectual property rights, except to the extent required to access and make personal use of the Site.
Certain trademarks, trade names and logos used or displayed on the Site are registered and unregistered trademarks or trade names of the Company or of its affiliates. Other trademarks, trade names and logos are registered and unregistered trademarks and trade name of their respective owners. No trademark or trade name license is granted in connection with the material contained on the Site.
You may download, copy and print selected portions of the Content and other downloadable materials displayed on this Site for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Site or in the Content. Except as noted above, you are not authorized to use, reproduce, print, store, re-edit, change, download, sell or otherwise copy the Content or any other element of the Site, whether in whole or in part, for any other reason or for purposes of publication, dissemination or sale, on any medium or any format whatsoever. Be advised that the Company will fully enforce its intellectual property rights.
5. WARRANTY AND DISCLAIMER
You acknowledge, by using the Site, that your use of this Site is at your sole risk. ThE Site is provided by the Company on an “as is” and “as available” basis. Neither The Company nor its associates can ensure that any files or other data you download from the Site will be free of viruses, contamination or destructive features. The Company and its associates disclaim all warranties, express or implied, including any warranties of accuracy, accessibility, merchantability, performance, durability and fitness for a particular purpose. Without limiting the generality of the foregoing, the Company and its associates disclaim all warranties of any kind, express or implied, for any merchandise offered on the Site unless otherwise stated below. This disclaimer constitutes an essential part of this Agreement.
With regards to the Site, there are no guarantees as to the accuracy of digital images or digital representations as being actual or true representations of any actual wood, stone, fabric, leather, plastic, or material of any kind. Various computer display devices and their corresponding software frequently lighten, darken, blur or otherwise alter the true nature of a material, color, or finish. It is your responsibility to request material samples for verification of actual color, texture, or material characteristics of any kind whatsoever. It is your responsibility and requirement to return in a timely manner any such material samples that you borrow from The Company. The Company may opt to bill you for the replacement value of material samples that you borrow but do not return.
All woven fabrics, natural or synthetic textiles, leathers, and materials sold by The Company are carefully chosen, first for their durability and next for their esthetic and other decorative qualities. However, all woven fabrics, natural or synthetic textiles, leathers, and materials sold by The Company carry limited guarantees as to their durability and wearability, and there is no warranty against fading, dyelot failure, shrinking, stretching, discoloration or pitting of finishes, fading of any kind, or wearing of any kind. There is no warranty against, damage resulting from any substances used in maintenance or cleaning, damage or alteration of any item of which was caused by improper care or handling, or improper use or application of cleaning, polishing, or repair products or application techniques. Dyelots do vary, and an exact match is beyond our control. The COMPANY recommends fabrics and leathers be professionally cleaned. There is no warranty against damages or defects resulting from negligence, misuse, fire, flood, vandalism, civil unrest, war, act of terrorism, act of nature, or other accident.
To prevend damage to hard surfaces, The Company recommends you always use coasters, placemats, trivets, table runners, and where possible to use custom fit protective table pads.
All products sold by The Company, excluding any products specifically sold "as is" or "on clearance", are warranted to be free from defects in materials and workmanship, under normal residential usage, for a period of twelve months after date of delivery. If you encounter a problem, it is a requirement to notify The Company in writing. The Company must review and authorize any warranty repiar or replacement. Repair or replacement of any item covered by The Company's warranty will be made without charge to the original purchaser during the warranty period. Pick-up and delivery back for approved warranty repair or replacement will be included only within our delivery range of fifty miles of The Company's showroom address; transportation charges may apply to any approved warranty repair or replacement outside of The Company's normal delivery range. If The Company cannot repair a warranted defect within a reasonable amount of time after being properly notified, The Company will offer a replacement or tenter a refund on a prorated basis to original purchaser at The Company's option. After a period of twelve months from date of delivery, The Company will order parts, if available, and arrange repairs, if possible, with original purchaser being billed at reasonable rates for parts and labor, as well as pick-up and delivery back if required.
Warranty is nontransferrable.
Some products sold by The Company have additional warranties issued directly by the manufacturer. Claims involving such warranties should be timely filed in accordance with the terms and guidelines set in the manufacturers warranty. Such additional warranties should be carefully read and stored in a safe place.
6. LIMITATION OF LIABILITY
Under no circumstances and under no legal or other theory, whether contractual, extra-contractual, in tort, strict liability or otherwise, shall The Company or any of its associates be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from or relating to the Site or these Terms and Conditions, including, without limitation, loss of data, business, profit, savings, income, use, production, reputation or goodwill, regardless of any negligence or other fault or wrongdoing by The Company or any person for whom The Company is responsible, and even if The Company has been advised of the possibility of such loss or damage being incurred. All products sold by The Company are in full compliance in accordance with the laws and regulations established by The State of Washington and the US Federal Government. It is your personal liability and responsibility to verify and comply with any and all local laws and regulations established by your local jurisdictional government. The Company shall not be liable for any subsequent liability, penalty, or damages which may arise from your purchase and subsequent use of any of the products sold by The Company and used by you in contradiction or noncompliance with your local laws and ordinances.
It is your responsibility to properly vet, measure, verify, and make certain that the items you purchase from The Cpmpany can fit into your room, through your doorways, stairwells, or any and all necessary access points into and throughout your home as may be necessary to properly receive and install the item(s) you order. It is your responsibility to make certain your home is accessible by any delivery vehicle or equipment that may be necessary to deliver the item(s) you order from The Company.
Although unlikely, at time of delivery, items which are presented with chips, nicks, scratches, dents, tears, or any damage whatsoever must be documented on the shipping/delivery ticket AT THE TIME OF DELIVERY. It is your responsibility to make certain all items are inspected and verified to be free from shipping damage upon delivery, third party receipt of items is not an exclusion. If you find shipping damage at time of delivery, you agree to accept the shipment and notate specific damage on the shipping/delivery ticket that the delivery company will have for you to sign. You agree to notify The Company of the damage within the next business day after the day of delivery. The Company will make all necessary arrangements for filing damage claim with the shipping company, and you agree to allow The Company the opportunity to arrange repair of the damaged item(s) if possible, up to and including replacement of the damaged item(s). It is your right and your responsibility to notate damage or shortage on any freight bill or delivery ticket or delivery receipt at time of delivery. You agree to hold The COMPANY harmless and not liable for any damage or shortage that you did not properly document and notate at time of delivery. While The Company will assist you with item repair or if necessary, item replacement, in such a circumstance, you agree to reimburse The Company for any needed repair or replacement. It is critical that you properly inspect and account for the items you order at the time they are delivered to you, as well as to document any damage or shortages should such be present.
7. INDEMNITY
You agree to indemnify and hold The Company and its Associates harmless form any loss, liability, claims or expenses made against The Company against any of its Associates and arising out of or in connection with your use of the Site. You agree to indemnify and hold The Company and its Associates harmless from any loss, liability, claims or expenses made against The Company against any of its Associates and arising out of or in connection with your use of any of the products sold by The Company.
8. OTHER SITES
This Site may contain links or references to other websites operated by other persons (the “Other Sites”). The Company is not responsible for and does not endorse the content of such Other Sites. Your use of the Other Sites is at your own risk and you will not make any claim against The Company or its Associates arising from, connected with or relating to your use of the Other Sites.
Creating or maintaining any link from Other Sites to any page on this Site without The Company's prior written permission is prohibited.
9. DATA INTEGRITY
You represent that all of the information, data and other materials you provide on this Site or to The Company through any other means are true, accurate, current and complete. You are responsible for correcting and updating the information you have provided on this Site, as appropriate.
10. CONTENT YOU SUBMIT
You acknowledge that you are responsible for any content you submit through the Site to The Company, including the legality, reliability and copyright of any such content. Without limiting the generality of the foregoing, you may not upload or otherwise publish to the Site any content that (i) may contain software viruses or malware, (ii) is confidential, proprietary, invasive of privacy, infringing on intellectual property, unlawful, harmful, false, fraudulent, threatening, defamatory, obscene, harassing, hateful, abusive or otherwise objectionable, including but not limited to any content that encourages conduct that would constitute a criminal offense or otherwise violate any applicable laws.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself. You hereby represent, warrant and covenant that any content you provide does not include anything to which you do not have the full right to grant such a licence to The Company.
11. SECURITY
The Company is not responsible for any activities that occur under your account and password. The maintaining of the confidentiality of your account and password and the restricting of the access to your computer is your responsibility. You may use this Site only for lawful purposes.
You are responsible for obtaining access to the Site and that access may involve third-party fees. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you shall terminate the permission or license granted to you by the Company.
12. TERMINATION OF USE
The Company may, in its sole discretion, terminate your account or use of the Site at anytime and without prior notice to you. To the extent this Site is a Transactional site, you are personally liable to The Company for any orders that you place or charges that you incur prior to such termination. The Company also reserves the right to change, suspend or permanently remove all or any content of the Site without prior notice.
13. GOVERNING LAW; DISPUTE RESOLUTION
The Terms and Conditions, your use of this Site and all related matters are governed solely by the laws of The State of Washington and applicable United States of America federals laws.
Any dispute between you and The Company or you and any other person arising from, connected with or relating to this Site, these Terms and Conditions or any related matters must be and shall be resolved before the Courts of The State of Washington and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
14. PRIVACY POLICY
The Company holds private any personal information you provide, and does not participate with, share, nor transmit any of your personal information to any third party entity or marketing firm. The Company has devout respect for your privacy, and maintains a strict policy of confidentiality towards your personal information. Your personal information will never be shared or sold to any person, company, or firm. From time to time, The Company does send out advertisements about special events and promotions. If you do not wish to receive information about such events, please notify your sales person and they will remove your name from the mailing list and the company will make a reasonable effort to make sure you do not receive future advertisements.
15. MISCELLANEOUS
The non-enforcement of any provision hereof does not constitute a waiver of any right to enforce that provision in the future. These terms and conditions shall inure to the benefit of and be binding upon yourself, the Company and your respective successors and assigns.
If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you and we ask you not to use the Site.
Except as otherwise expressly provided in these Terms and Conditions, there should be no third-party beneficiary to these Terms and Conditions.
You may not assign the Terms and Conditions, in whole or in part, without the prior written consent of The Company, which may be withheld at The Company's sole discretion. The Company may assign the Terms and Conditions, in whole or in part, to any third-party in its sole discretion.
These Terms and Conditions constitute the entire agreement between you and The Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals between the parties with respect to such subject matter.
16. CONTACT
If you have any questions or comments about these Terms and Conditions or the Site, please contact us by:
Phone: 206.243.1834
Fax: 206.241.7317
Mail: 2306 Pacific Avenue. Tacoma, WA 98402
