PURCHASE CONTRACT TERMS: LIMITED MERCHANDISE CREDIT POLICY.
“Seller”, “Us”, “We”, and “Our” shall mean Fischer Furniture, Inc. “Buyer”, “You”, and “Your” shall mean the purchaser in the purchase contract. This is a binding and non-cancelable contract by the Buyer to purchase the merchandise on the Transaction Receipt. All purchases are final, and transactions are complete upon Buyer’s receipt of the merchandise and full payment unless otherwise stated herein.
Prior to shipment, We carefully inspect and package each item. Inspection by and signature of an adult will be required upon delivery to You by the shipping company. Carefully inspect all items for completeness, condition, and for the condition of packaging materials. IF YOU FIND DAMAGE TO AN ITEM OR THE PACKAGING MATERIALS, OR IF YOU DO NOT RECEIVE AN ITEM LISTED ON THE BILL OF LADING OR PACKING LIST, YOU MUST WRITE A DESCRIPTION OF THE OBSERVED DAMAGE OR SHORTAGE ON THE BILL OF LADING. CLAIMS FOR DAMAGE OR SHORTAGE WILL BE REFUSED IF THEY ARE NOT NOTED ON THE BILL OF LADING. We recommend a minimum description of damage on the Bill of Lading similar to, “Possible Shipping Damage,” or for shortage, “Missing Item or Items.” After writing the damage or shortage on the Bill of Lading, please contact Us immediately at 888-343-2022 or email email@example.com.
Please note that if an order is already in the shipping process, We may not be able to cancel it, and a refund will not be issued. To inquire about an order that has already been placed, please contact Us immediately at 888-343-2022 or email firstname.lastname@example.org.
The freight or parcel carrier used to ship Your order will be determined by Us based on the physical size and weight of the item(s). We reserve the right to ship by the carrier or method of Our choosing. Your order may be divided into multiple shipments or Your items may be shipped as a group or groups at Our choosing, and therefore, all items may not arrive to You at the same time.
While We attempt to ship Your order as quickly as possible, WE ARE NOT RESPONSIBLE FOR ANY DELAYS IN TRANSPORTATION OR SHIPMENT. Due to the size, weight, and nature of many products We sell, delivery to You can take as long as several weeks from the date of shipment.
If Your item is shipped via parcel, it will be delivered to Your doorstep. If Your item is shipped via freight carrier, delivery will be “through the threshold,” meaning the carrier will bring the packaged item through an exterior door into the first room. The carrier will not unbox or assemble the item nor remove packaging materials. Certain products may require assembly by You at Your cost.
Shipping charges, both to You or back to Us, are non-refundable with the exception of damaged or materially defective merchandise. This includes items refused at delivery. Return shipping and re-stocking fees apply – see “Returns & Refunds” below. You are responsible to make sure the items You purchase will fit through Your doorway.
Title shall transfer from Fischer Furniture, Inc. to Buyer upon receipt of item by Buyer and receipt of full payment by Seller, and until such time Seller shall have a purchase money security interest and lien on the product to secure performance of all obligations of Buyer. Upon demand, Buyer agrees to promptly execute any financing statement, applications for registration and like documents to take any other action deemed necessary or desirable by Seller in order to perfect Seller’s lien and security interest hereunder. Buyer hereby appoints Seller as Buyer’s attorney-in-fact to prepare, sign and file or record for Buyer, in Buyer’s name, any such documents. Buyer shall insure and keep the product in good order and repair said product until the purchase price has been paid in full. Seller reserves the right to repossess any merchandise that has not been paid in full at the time of shipment.
RETURNS & REFUNDS.
NO REFUND WILL BE GIVEN, EXCEPT AS EXPRESSLY STATED HEREIN. Special orders cannot be cancelled. Deposits and payments on special orders are not refundable under any circumstance. Special orders are not returnable. All sales of goods noted as irregular or “AS IS” either on site or on the Transaction Receipt are final without recourse and nonrefundable. Shipping charges are non-refundable with the exception of damaged or materially defective merchandise. Return shipping and re-stocking fees may apply. Any taxes charged will be refunded in accordance with state and local laws. Please note that proof of purchase is required for a refund.
If prior to shipment and within seven (7) days of purchase You elect not to complete a transaction and notify Us in writing within said timeframe, a refund in the same form as Your original payment will be issued within a commercially reasonable period. If via credit card, refunds generally appear on Your credit card statement in one to two billing periods.
If we have already shipped your item or if the shipping process has progressed to a point where we are unable to cancel the shipment of your order, the order is non-cancelable and a refund will not be issued.
If within fourteen (14) days of Your receipt of an item You decide FOR ANY REASON OTHER THAN MATERIAL DEFECT (AS HEREIN DEFINED) OR SHIPPING DAMAGE NOTED ON THE BILL OF LADING that You want to return an item, You are responsible for returning the item in new condition to Our facility of Our choosing. Please contact Us immediately at 888-343-2022 or email email@example.com to make arrangements. Upon Our receipt of Your return, the item will be inspected by Us, and exchange, credit or refund will be issued for the original purchase price only but reduced by the following:
1. The original shipping cost to You and any return shipping costs paid by Us on Your behalf,
2. A twenty-five percent (25%) restocking fee (including tax, where applicable) based on the original purchase price,
3. The cost of any missing accessories or parts, and
4. The cost to repair any damage the occurred during Your possession or Your shipment back to Us.
You must package Your return securely so that it arrives safely back to Us in new condition. You are responsible for return shipping damage. Retain Your shipping receipt for Your records.
Within fourteen (14) days of Your receipt of an item that is MATERIALLY DEFECTIVE (AS HEREIN DEFINED) OR IS DAMAGED DURING SHIPPING AND NOTATED ON THE BILL OF LADING, You may elect to either keep the item As-Is, return the item, or have the item exchanged. Please contact Us immediately at 888-343-2022 or email firstname.lastname@example.org to make arrangements. If you elect to return or exchange the item, upon Our receipt of Your return, the item will be inspected by Us, and exchange, credit or refund will be issued for only the original purchase price reduced by the cost to repair any damage that occurred during Your possession or was not noted on the Bill of Lading when you received the item and by the cost of any missing parts or accessories.
A Material Defect is an unintended condition that would have a significant adverse impact on the value of the item or the use thereof or that involves unreasonable risk to user. Examples of NON-MATERIAL DEFECTS TO WHICH RESTOCKING FEES APPLY, BUT ARE NOT LIMITED TO, THE FOLLOWING: item doesn’t fit; item does not look as desired in room; item does not go with other furnishings; item has minor flaw that is typical of other items of like kind and quality; underside dust cover is torn; color of the item varies slightly from digital image or computer representation thereof; dimensions vary slightly from those supplied to Us by the manufacturer; description, dimensions, or digital image of item contain an inadvertent and immaterial error; or item does not sit, feel, smell, or appear as desired. DESCRIPTIONS, DIMENSIONS, AND DIGITAL IMAGES MAY VARY SLIGHTLY FROM THE ACTUAL PRODUCT, AND THESE VARIANCES ARE NOT CONSIDERED MATERIAL DEFECTS FOR THE PURPOSES OF THIS REFUND AND EXCHANGE POLICY.
UNDER NO CIRCUMSTANCES WILL RETURNS BE ALLOWED IF AN ITEM IS DAMAGED AFTER RECEIPT BY BUYER, SMOKE-FILLED, STAINED, SOILED, OR MISSING ITS LEGALLY REQUIRED LAW LABEL, AND ALL MANUFACTURES’ WARRATIES ARE NULL AND VOID IN REGARD TO SUCH ITEMS.
We reserve the right to write-off and permanently keep any credit or deposits if they are not used or applied to purchase from Us within three (3) years of the original date of issue or deposit.
PRICING AND TAXES.
Taxes are estimated based on the laws and regulations of the state indicated in the shipping address. Each state has different laws regarding the taxation of internet sales of merchandise, freight and handling. All prices are in U.S. dollars and are subject to any applicable taxes according to state and local laws. Availability, prices and shipping rates are subject to change. There may be errors in the descriptions, prices or images of merchandise, and We reserve the right to restrict orders of those items. All orders are subject to Our acceptance in Our sole and absolute discretion and can be cancelled by us at any time prior to Your receipt of the items. We offer a one-time price adjustment to the then-current price We are advertising when an original transaction receipt or proof of purchase is presented by Buyer within 30 days of receipt.
LIMITATION OF LIABILITY.
The warranty provided herein is in lieu of all other warranties, whether express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Additional protection is available only pursuant to an extended warranty plan for the product if purchased and noted on the Transaction Receipt. In addition to any express warranties set forth herein, Buyer may be entitled to benefit from certain limited warranties provided directly by the manufacturer(s) of the product(s) purchased. Seller assumes no liability for, nor responsibility under, any third party warranties unless such liability or responsibility shall be specifically set forth herein. Any and all claims of damage or defect other than those covered by an applicable manufacturers’ warranty must be made in writing to Seller no more than fourteen (14) days after receipt by Buyer of the item for which such claim is made (hereinafter referred to as “Required Notice”). Buyer agrees that the products on the Transaction Receipt have been selected by Buyer and are of a design, size, fitness, and capacity selected by Buyer, and that Buyer is satisfied that the same are suitable and fit for Buyer’s purpose. BUYER HEREBY WAIVES ANY CLAIM BUYER MAY HAVE AGAINST SELLER FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND WHATSOEVER CAUSED BY THE PRODUCT OR BY ANY DEFECT THEREIN, THE USE OR MAINTENANCE THEREOF, OR ANY SERVICING OR ADJUSTEMENT THERETO, NOT EXPRESSLY COVERED BY THE MANUFACTURERS’ WARRANTIES. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT SELLER SHALL NOT BE LIABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLEGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY NATURE WHATSOEVER ARISING FROM ANY DEFECT OR BREACH OF THIS AGREEMENT BY THE SELLER OR OTHERWISE, AND THE SOLE LIABILITY OF THE SELLER AND THE SOLE REMEDY OF THE BUYER SHALL BE STRICTLY LIMITED, AT THE SOLE OPTION OF THE SELLER, TO EITHER REPAIR OR REPLACEMENT OF NONCONFORMING OR DEFECTIVE GOODS, AND THEN ONLY IF THE BUYER HAS PROVIDED REQUIRED NOTICE. SHOULD, IN THE SELLER’S SOLE ESTIMATION, IT BE IMPRACTICAL OR NOT POSSIBLE TO SO REPAIR OR REPLACE NONCONFORMING OR DEFECTIVE GOODS, BUYER’S SOLE AND EXCLUSIVE REMEDY SHALL THEN BE REFUND OF ONLY THE PURCHASE PRICE AND ONLY UPON RETURN OF THE GOODS IN NEW CONDITION TO SELLER AND RECEIPT THEREOF BY SELLER. SELLER’S LIABILTY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCTS ON THE TRANSACTION RECEIPT. IN THE EVENT THAT REQUIRED NOTICE IS NOT PROVIDED BY THE BUYER, THE BUYER SHALL BE DEEMED TO HAVE ACCEPTED THE GOODS IN THEIR EXISTING CONDITION AND SHALL BE BARRED FROM THIS OR OTHER REMEDIES PROVIDED BY LAW OR OTHERWISE.
ANY AND ALL CLAIMS OF SHIPPING OR FREIGHT DAMAGE OR SHORTAGE MUST BE CLEARLY NOTED ON THE FACE OF THE BILL OF LADING DOCUMENT AT THE TIME OF DELIVERY ACCOMPANIED BY THE BUYER'S SIGNATURE. ANY CLAIM NOT MEETING THESE REQUIREMENTS SHALL BE REFUSED.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT SELLER SHALL NOT BE RESPONSIBLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM ANY PROPERTY DAMAGE CLAIMED AS A RESULT OF SELLER’S SHIPMENT, DELIVERY, OR OTHER SERVICES, AND THE SOLE LIABILITY OF THE SELLER AND THE SOLE REMEDY OF THE BUYER SHALL BE STRICTLY LIMITED, AT THE SOLE OPTION OF THE SELLER, EITHER TO A MONETARY REMEDY EQUAL ONLY TO THE COST OF REPAIR OR REPLACEMENT, OR TO ACTUAL REPAIR OR REPLACEMENT OF THE DAMAGED PROPERTY, AND THEN ONLY IF THE BUYER HAS PROVIDED 48 HOUR NOTICE AS DESCRIBED IN THIS PARAGRAPH. SELLER RESERVES THE RIGHT, AT ITS SOLE OPTION, TO ACQUIRE COMPETITIVE BIDS FOR ANY AND ALL REPAIRS OR REPLACEMENTS IT DEEMS NECESSARY IN ORDER TO REMEDY ANY CLAIM OF PROPERTY DAMAGE. SELLER FURTHER RESERVES THE RIGHT, AT ITS SOLE OPTION, TO REIMBURSE BUYER AS FULL SETTLEMENT OF ANY CLAIMED PROPERTY DAMAGE A DOLLAR AMOUNT EQUAL TO THE LOWEST COMPARABLE BID OBTAINED IN LIEU OF CONTRACTING SAID REPAIR OR REPLACEMENT. IN THE EVENT THAT 48 HOUR NOTICE IS NOT PROVIDED BY BUYER AS STATED IN THIS PARAGRAPH, BUYER SHALL BE DEEMED TO HAVE ACCEPTED SELLER’S SHIPMENT, DELIVERY, OR OTHER SERVICES WITHOUT CLAIM OF DAMAGE TO PROPERTY AND SHALL BE BARRED FROM THIS OR OTHER REMEDIES PROVIDED BY LAW OR OTHERWISE.
Certain products may require the installation of anti-tip brackets or hardware by Buyer. This Agreement serves as notice to Buyer of the importance and necessity of anti-tip brackets or hardware. SELLER DOES NOT INSTALL ANTI-TIP BRACKETS OR HARDWARE. INSTALLATION OF ANTI-TIP BRACKETS OR HARDWARE IS THE SOLE RESPONSIBILITY OF THE BUYER. If Buyer is purchasing a dryer appliance from Seller, said dryer may require the installation of solid or aluminum venting material. This Agreement serves as notice to Buyer of the importance and necessity of solid or aluminum venting material for dryers. INSTALLATION OF NON-ALUMINUM FLEXIBLE VENTING MATERIAL MAY BE HAZARDOUS. If Buyer is purchasing a washer, refrigerator, or dishwasher appliance from Seller, said appliance my require water hookup by Buyer. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT SELLER SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY NATURE WHATSOEVER ARISING FROM ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH CLAIMED AS A RESULT OF TIPPING OF ANY PRODUCT OR INSTALLATION OR FAILURE OF VENTING MATERIAL OR WATER HOOKUP OR FAILURE TO INSTALL VENTING MATERIAL OR PROPERLY HOOKUP WATER AND WILL INDEMNIFY AND HOLD SELLER HARMLESS IN REGARD TO SUCH CLAIMS.
This Agreement constitutes the complete and exclusive statement of the Agreement between the parties and supersedes all proposals, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. The invalidity or un-enforceability of any provision in this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. The headings of the paragraphs in this Agreement are included solely for the convenience of the parties and shall not have any effect upon the interpretation of any provision of this Agreement. Our internet site is created, maintained, and controlled by Us in the state of South Dakota, USA. As such, the laws of the State of South Dakota govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. All disputes arising from or relating to the Buyer/Seller relationship between Us and You, including any disputes arising under or relating to this Agreement, shall be adjudicated exclusively in the United States District Court for the District of South Dakota or, if there is no federal jurisdiction, in a state court sitting in Pennington County, South Dakota. We reserve the right to make changes to Our site and the terms, conditions, or disclaimers at any time.