Welcome to the Michael's Fine Furniture, website located at michaelsfinefurniture.com (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.
Privacy Policy
Our Privacy Policy is located at here and is hereby incorporated into this Agreement by reference. Please review the Privacy Policy to understand Our policies.
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.
Purchase Policy
Our goal at michaelsfinefurniture.com is to make Your purchasing experience easy and efficient. If You have any questions about Our purchase policies, please contact Us at sales@michaelsfinefurniture.com.
Sales Tax
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.
Shopping Cart
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.
WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
In Short: We may share information in specific situations described in this section and/or with the following third parties.
We may need to share your personal information in the following situations: Business Transfers: We may share or transfer your information in connection with or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. When we use Google Maps Platform APIs: We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API). We obtain and store on your device (“cache”) your location. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document. IMPORTANT DISCLOSURE: We do not share your contact information or opt-in data with third parties for marketing purposes. Your personal information will only be used in accordance with this privacy policy, and we respect your privacy rights.
Return Policy
Refunds will be handled according to Our store's policies. Please contact sales@michaelsfinefurniture.com for a copy of Our store's policies.
Special Order Items
Special order items are items that are customized or not regularly stocked. This will be denoted on your invoice. All special order items require a minimum 25% deposit. These items can be canceled up until the time the items have been ordered from the manufacturer. Once these items have been ordered, they cannot be canceled. Special order items cannot be returned for any reason.
Regularly Stocked Items
Cancellations of regularly stocked merchandise are allowed before the date of delivery or pick up, and you will receive a full refund. If for some reason you are not satisfied with your purchase and have had possession for 3 days or less, just let us know and you will receive merchandise refund less a 25% restocking fee. If the furniture was delivered, the delivery charge cannot be refunded. We can come pick up the merchandise for an additional delivery charge. If you picked up the furniture, simply bring it back to the location where you picked it up. Furniture that has been in your possession for over 3 days is considered “used” and cannot be returned.
Mattresses and Foundations
Once a mattress or foundation is removed from its original packaging, it can no longer be exchanged or returned. Mattresses and foundations can be returned in their original packaging within 3 daysWe encourage you to thoroughly try out our mattresses in store before purchasing.
Condition of Returned Merchandise
All returned merchandise must come back to us in new condition to be eligible for a refund.
Clearance and other “As-is” Items
All clearance and other “as-is” sales are final. These items cannot be returned once they have been delivered or picked up for any reason.
Delivery
The delivery charge is for each trip and is not refundable. Upon delivery, you are responsible for having a clear path to where the furniture is to be placed.
Reserving & Holding of Merchandise
You can reserve and hold any in-stock merchandise with a minimum 25% deposit. This guarantees the availability of your furniture and locks in the price. Cancel any time within 90 days and receive a full refund of your deposit. If you cancel beyond 90 days, your deposit will be converted to store credit.
Product Protection Plans
You can protect your investment with a Michael’s Fine Furniture Product Protection Plan. When you purchase a protection plan, we will repair or replace your items for the life of the plan. The plans are non-refundable once you are beyond the standard 3-day return period.
Rebates
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 sales@michaelsfinefurniture.com.
SMS/Text Messaging Services
These Terms and Conditions (the "Agreement") govern the use of SMS or text messaging services (the "Service") provided by Michael's Fine Furniture ("we," "our," or "us"). By subscribing to, or using our SMS Services, you agree to be bound by the following terms. If you do not agree with these Terms and Conditions, please do not sign up for or use our Service.
Types of Messages You Can Expect to Receive
By providing your phone number to us, you consent to receive SMS communications from Michael's Fine Furniture. You may receive the following types of messages, depending on your interaction with our services:
Transactional Messages: Appointment confirmations, reminders, order updates, or customer service communications.
Account-Related Messages: Notifications related to your account, such as billing or subscription updates.
Public Service Announcements (PSAs): Important notices or updates that are relevant to your interaction with our services, as specified in the campaign.
Texting Cadence
The frequency of messages will vary based on your engagement with our services. You may receive messages on a regular or occasional basis, depending on the nature of the service or promotion you are subscribed to. Messages Frequency may vary.
Message and Data Rates
Message and data rates may apply from your mobile carrier for receiving text messages. These rates are determined by your mobile carrier, and we are not responsible for any charges or fees that may be incurred by receiving messages from us. Please contact your mobile carrier for information about your messaging plan.
Opting In
By subscribing to our SMS service, you consent to receive SMS messages as described above. This consent is not a condition of any purchase. You may opt-in to receive messages by entering your phone number on our website, or by following any other opt-in process outlined in our service sign-up.
Opting Out
You can opt out of receiving text messages at any time by replying "STOP" to any message we send. Once you opt out, you will no longer receive any text messages. However, if you wish to opt back in, simply reply "START" to our number. For help, reply "HELP."
Privacy and Data Collection
Your privacy is important to us. Any personal information you provide to us through our SMS service will be handled in accordance with our Privacy Policy. By agreeing to these Terms and Conditions, you consent to our collection and use of your information as outlined in the Privacy Policy. We do not share your information with third parties for marketing purposes without your consent.
Contact Us
For additional help, please visit Privacy Policy or contact us at 503-674-0414 or service@michaelsfinefurniture.com. We're happy to assist you!
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 sales@michaelsfinefurniture.com. 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.
Trademarks
WebFronts™ is a Trademark of Retailer Web Services, LLC and Evolution Vertical LLC. You understand and agree that Retailer Web Services, LLC and Evolution Vertical, LLC, merely maintains the web site for Us and is not a party to this contract.
WARRANTIES
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
PRODUCT INFORMATION AND DESCRIPTIONS -- WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE. WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS, SPECIFICATIONS OR OTHER CONTENT OF THIS SITE ARE ERROR FREE, ACCURATE, COMPLETE, RELIABLE, OR CURRENT. IF A PRODUCT OFFERED OR SOLD BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION IN ACCORDANCE WITH OUR RETURN POLICY.
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.
Indemnification
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.
Force Majeure
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.
Assignment
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.
Disputes
In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at sales@michaelsfinefurniture.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 Retailer Web Services, 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 Retailer Web Services, 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 Retailer Web Services, 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.
Severability
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.
Headings
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
Agreement Updates
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.