Welcome to the Everybody's Furniture Company, website located at everybodysfurniture.net (hereinafter "We", "Us", "Our") and thank You (any visitor to Our web site) for considering Our products and services.
Upon registration, by checking the provided check box, You hereby agree to the terms and conditions of this Terms of Service (hereinafter "Agreement") which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us.
Screen Name and Passwords
You hereby agree that You are responsible for all actions taken under Your Screen Name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
Our goal at everybodysfurniture.net is to make Your purchasing experience easy and efficient. If You have any questions about Our purchase policies, please contact Us at firstname.lastname@example.org.
Any and all sales or use tax will be Your responsibility. Sales tax calculations on the web site are an estimate only. Your true sales tax, if applicable, will be calculated and presented to You at the time of product delivery.
We maintain a PCI compliant shopping cart. The Payment Card Industry Data Security Standard (PCI DSS) is a set of requirements designed to ensure that all companies that process, store or transmit credit card information maintain a secure environment.
When You make purchases from Us using Your major credit card, You agree to honor the terms and conditions of Your cardholder agreement.
Any merchandise that we stock may be returned for a refund at the time of delivery. There will be a 10% restocking fee assessed on all returns. Special order merchandise is non-cancellable and may not be returned. Delivery charge is non-refundable. Merchandise picked up at our store or distribution center must be returned by the next business day in the same condition as it was received in order to receive a refund. Any merchandise returned after the above mentioned return period is subject to a 25% restocking fee and all applicable delivery fees. All merchandise must be returned within 3 working days of its receipt and must be returned in the same condition as it was received. Special orders, close-outs, "as-is" merchandise, sale merchandise, and mattresses are non-returnable. All orders placed through our website, over the phone, or from an in-store catalog or kiosk are non-stock and will be consider special order merchandise.
Damages or Imperfections Policy
A report must be made with the delivery department at Everybody's Furniture and noted on the delivery ticket at the time of delivery in order to be considered delivery damage. Any claims after delivery will be handled at our discretion through our office. Any merchandise under warranty will be repaired or replaced at the option of Everybody's Furniture. Sometimes, it may be necessary to bring merchandise into our store or return it to the manufacturer in order to make such repairs. There may be a pick-up and return fee assessed if an Everybody's Furniture truck has to transport the merchandise.
Everybody's Furniture prides itself in the friendliness and professionalism of our delivery personnel. We want you to be satisfied with our delivery and carefulness with which we handle your merchandise. It is our policy to give you a courtesy call before your scheduled delivery to confirm that you are available to receive your merchandise. In the event that we cannot contact you, your delivery may be delayed and/or rescheduled unless otherwise instructed beforehand.
Make sure your information is up to date. We make every attempt to make sure we have your correct information on file at the time of sale as well as during our pre-delivery courtesy call. If you notice any incorrect information on your invoice or when we call, please notify us so we can make the necessary corrections before delivery.
Can we reach your home? Please make sure that your home is accessible. This includes moving any cars or obstacles out of the way before delivery as well as alerting us to any potential issues we may encounter due to weather or other natural events such as flooding or muddy roads.
Where would you like your new furniture? Unlike most furniture stores, we still offer good old-fashioned white glove service. This includes entering your home and placing your fully assembled merchandise at the location of your choosing. We ask that you make every effort possible to relocate your current furniture before delivery. If you are unable, our professional delivery team will move anything necessary within reason for the placement of your furniture with the following exceptions: the items being moved cannot pose a risk of breakage; items must be completely cleared and emptied of all items that maybe displayed or stored in/on it; items must be able to be moved by no more than two of our delivery men and cannot exceed the weight of a typical piece of furniture; items must not need to be disassembled, items do not need to be carried up or down stairs unless they are being replaced by your current purchase and you have requested haul off services (fees apply).
Delivery includes set up of new merchandise only and basic appliance installation.
After the delivery, our professional staff of delivery personnel will ask you to sign our delivery slip. Please inspect your merchandise before signing. Any damages, defects, or concerns you may have with your new merchandise should be noted and addressed before signing. You can be confident that when you make a purchase with Everybody's Furniture, we make every effort to address, correct, and resolve any concerns you may have. We may also give you a follow up call or send a letter with a short survey about your experience with our sales staff and delivery personnel.
Delivery & Return FAQ
My bed is not as comfortable as I expected it to be. May I return it?
Comfort issues are not covered under the manufacturer's warranty unless specified by the manufacturer under its warranty documentation, therefore making the purchase non-returnable. Our friendly and knowledgeable sales staff can answer any questions regarding the normal adjustment period you may experience with your new mattress.
My mattress is defective, and I need warranty service.
Different manufacturers require warranty claims to be handled according to their specifications. We will do our best to process your valid warranty claims in as timely a manner as possible. Please keep in mind that the warranty does not cover any transportation or inspection fees and is only applicable to the mattress. At your option, you may bring the mattress to our store for inspection at no charge.
How long before I receive my refund?
- Merchandise must be returned before credit will be issued.
- If you paid by credit card or outside financing, it will be refunded immediately at store level.
- If you paid by check, please allow 7 business days for the check to clear. A refund will then be issued by check from our office.
- All cash payments will be refunded by check from our office.
How long will it take to receive my product?
It should take no more than 6-8 weeks, with some exceptions, for your special order to arrive. Our friendly sales staff will check stock quantities before finalizing your order and will give you an approximate time frame before you complete your purchase. Order times can vary based on products and manufacturer. Typically, orders don't take 6-8 weeks, but please allow that time in case we experience any delays with receiving your merchandise.
- Please be aware that mattress purchases are non-refundable. Comfort issues are not covered under warranty. Body impression thresholds vary by manufacture.
- A report must be made with the delivery department of Everybody's Furniture and noted on the delivery ticket at the time of delivery in order to be considered delivery damage.
- If a defect (as defined in the manufacturer's warranty) occurs during the warranty period, the manufacturer will replace the defective mattress or foundation within a reasonable period of time. Only the defective piece will be replaced. Transportation charges to and from your home are not covered under manufacturer warranty; a fee will be incurred if you choose to have us pick up or deliver your warranty exchange mattress.
- A representative of Everybody's Furniture must inspect the mattress, foundation, and frame before a warranty replacement can be authorized. There is no fee associated with the inspection of the mattress if you allow us to make inspection when we are in your area. For quicker turn around and processing of your claim, you can choose to pay a service call fee of $45 to schedule an inspection at a mutually agreeable time of your choosing.
- Your sleep set warranty does not cover products found to be in an unsanitary condition or product failure due to causes other than defective workmanship or materials. Ex: Improper frame set-up.
- To honor the warranty, you must be the original purchaser and have purchased the items from Everybody's Furniture.
- You must provide a copy of the original store receipt or other proof of date and purchase price.
- If the identical item is not available at the time of product service, Everybody's Furniture reserves the right to substitute a similar item of equal or higher value.
- Your mattress warranty does not cover used bedding or bedding sold "as is". IF THE BEDDING IS STAINED IN ANY WAY, IT IS CONSIDERED UNSANITARY AND VOIDS THE WARRANTY (under the consumer damage or abuse limitation).
Everybody's Furniture offers a variety of different manufacturers from which to order to make your home uniquely yours. We understand finding the exact piece to compliment your room and bring to life your vision and style can be a daunting one. Our friendly and knowledgeable sales staff will do everything they can to make the process as easy as possible. If you choose to place a special order, please keep the following in mind:
- All special orders require a minimum 25% deposit with up to a 50% deposit on certain items before ordering. This only applies to purchases ordered in-store. All online orders will be payable in full at the time the order is placed.
- Once the order has been placed with the manufacturer, deposits are non-refundable.
- It should take no more than 6 - 8 weeks, with some exceptions, for your special order merchandise to arrive, but it can arrive much earlier depending on the manufacturer and stock quantities.
- We will call you upon arrival of your order. You may call your sales associate anytime for updates.
- The remaining balance must be paid in full before scheduling delivery or pick-up of your merchandise.
We provide You every opportunity to save on Your purchase. We offer rebates directly from the manufacturers and from Our buying groups. Most rebates and coupon offers are subject to their own terms and conditions as specified by the rebate sponsor and processor. If You have any questions on Our rebates, please contact Us at email@example.com.
Product or Pricing Inaccuracies
While we take every precaution to insure all products and pricing are correct on Our web site, mistakes do occur. Should You find a mistake please contact Us at firstname.lastname@example.org. Prices and the availability of products and Our services are subject to change without notice. Despite Our best efforts, we will, from time to time, make pricing mistakes. We will endeavor to promptly correct any mistakes as we become aware of them. We reserve the right to revoke any offer and/or correct any error at any time, including after an order has been submitted and even in the event that Your method of payment has been charged. Any disputes related to pricing will be resolved at Our sole and complete discretion.
WebFronts™ is a Trademark of All Your Retail, LLC and Evolution Vertical LLC. You understand and agree that All Your Retail, LLC and Evolution Vertical, LLC, merely maintains the web site for Us and is not a party to this contract.
At Everybody's Furniture, we help you get the protection you need for the merchandise you purchase. Please ask your friendly sales representative for more warranty details and the different options that we have to offer. Please let them know of any questions you may have regarding what is covered under specific manufacturer warranties.
Optional Electronics and Appliances Protection Plan (Add-on Purchase)
- 100% parts and labor coverage
- No deductibles
- Nationwide service network
- Unlimited service calls
- Surge protection
- If not fixable, item will be replaced
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.
You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
You may not assign Your rights or obligations under this Agreement without Our prior written consent.
Intended For Users that are Residents of North America and are Over 18
Our services are available and may only be used by, individuals who are residents of North America and who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old, that you reside in North America, and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.
In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at email@example.com prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. Any resolution to Your dispute will be considered by Us in good faith and You agree to abide by Our decision. Should You seek a remedy in a court of law, it will be Your responsibility to pay Our legal fees. In addition, You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of Our web site are governed by the laws of the State of Delaware, and the New Castle County Court of Chancery of the State of Delaware will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys' fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement. You understand and agree that All Your Retail, LLC and Evolution Vertical LLC, merely maintains the web site for Us and is not a party to this contract.
License and Site Use
We grant You a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with Our express written consent and the express written consent of All Your Retail, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent of and the written consent of All Your Retail, LLC. You may not frame or utilize framing techniques to enclose any of Our trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing Our name or trademarks without Our express written consent. Any unauthorized use terminates the permission or license granted by Us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Our home page so long as the link does not portray Us, Our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use Our logo or other proprietary graphic or trademark as part of the link without express written permission.
If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of the Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement is effective as of September, 23, 2015. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Web site.