THIS AGREEMENT CONTAINS THE LIMITED WARRANTY AND TERMS AND CONDITIONS THAT APPLY TO ALL PRODUCTS AND RELATED SERVICES PURCHASED DIRECTLY FROM LINDSEY’S SUITE DEALS FURNITURE, LLC (“THE COMPANY”), A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA AND HAVING OFFICES AT 7157 WEST HIGHWAY 98, PANAMA CITY BEACH, FL 32407 (THE “COMPANY”). THE TERM “PRODUCT” MEANS THE COMPANY PRODUCT(S), AND INCLUDES ANY ACCESSORIES, AS DESCRIBED IN YOUR PURCHASE RECEIPT AND INVOICE. PLEASE BE CERTAIN TO READ THE INDIVIDUAL WARRANTIES FOR THE COMPANY’S PRODUCT(S) THAT YOU HAVE PURCHASED AS PROVIDED BY EACH PRODUCT MANUFACTURER AND MADE AVAILABLE TO YOU UPON REQUEST. YOU AGREE THAT THIS AGREEMENT APPLIES TO YOUR PURCHASE OF THE PRODUCT(S) AND SERVICES FROM THE COMPANY. AFTER YOUR LIMITED REFUND SET FORTH IN SECTION 3 EXPIRES, THE REMAINING PROVISIONS OF THIS AGREEMENT WILL CONTINUE TO APPLY. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE SECTION V(b) BELOW.
I. Section One. Definitions.
Unless defined elsewhere in this Agreement, the following words shall have the meaning set forth herein:
a. “Company” shall mean Lindsey’s Suite Deals Furniture LLC.
b. “Delivered” shall mean the transfer of possession of the Product(s) purchased by You from the Company by means of using Company drivers and trucks to deliver the Product(s) to You. In some cases, this may also mean the transfer of possession of the Product(s) purchased by You from the Company by means of the manufacturer directly delivering the Product(s) to You.
c. “Delivery” shall mean the moment the Product(s) are transferred from the Company’s possession to Your possession.
d. “Customized” or “Customization” shall mean any specific request made by You to alter or change the Company Product(s) in any way from the Product(s) original form.
e. “Modified” or “Modify” shall mean any alteration, modification, or change, no matter how minor, that causes a Product to differ from its original form.
f. “Order” or “Orders” shall mean the transmission, transfer, or authorization of money paid to the Company in exchange for Product(s) as reflected in a Company invoice or receipt which sets forth the purchase amount paid by You to the Company for the Product(s).
g. “Limited Refund” shall have the meaning set forth below in Section (III)(a).
h. “Product” or “Products” shall mean both customized and non-customized items purchased from the Company, including but not limited to all furniture pieces, accessories, and any other tangible piece of property purchased from the Company.
i. “Shipped” or “Shipping” shall mean the transfer of possession of the Product(s) purchased by You from the Company to You by means of using a third-party courier service such as FedEx, USPS, UPS, or a similar type of courier service for purposes of delivery.
j. “Third Party Financing” shall mean financing that You obtain to purchase the Product(s) from any entity that is not the Company, even if such entity is promoted by the Company or is referred to You by the Company.
k. “You” or “Your” shall mean the person or entity purchasing Product(s) from the Company; the customer.
II. Section Two. General Terms of Sale.
a. Inspection of Product Upon Receipt. You must examine the Products when You receive them. If any item is damaged or missing, You must notify the Company within 24 hours from the date of delivery. Company reserves the right to repair the damaged product within a reasonable amount of time from the time the Company is first notified that an item is damaged, and to determine whether item should be replaced in accordance with the guidelines set forth by the manufacturer of the product. You understand that the Company is a reseller of the products it sells and that each product is subject to its own manufacturer guidelines that You are bound to, and which are available to You at the Company’s main office, which is located at 7157 WEST HIGHWAY 98, PANAMA CITY BEACH, FL 32407 (“main office”), or upon written request made to the Company to be mailed to the main office address.
b. Shipment and Title. The Company will arrange to deliver the Products to Your address only if delivery is available in Your area determined by the Company based on Your zip code. If purchased online, delivery is only available to certain zip codes. The zip codes the Company delivers to are subject to change without notice. If delivery is not available in Your area, then You must either arrange to pick up the Product(s) at the Company main office or You must call the Company after placing Your order so that the Company can provide You with the additional cost to have the Product(s) shipped or delivered to You. Shipping and or Delivery costs will be reflected on Your final Invoice which must be paid in full before the Company will ship or deliver Your Product(s). Title to the Products and risk of loss passes to You upon delivery. If You arrange to pick up the Products in person at the Company’s main office, the risk of loss passes to You immediately upon the Products being placed in Your custody or control. The Company will inform You of estimated shipment dates, but it will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures, or acts of God.
c. Price and Payment. Your total price for the Products and services, if any services such as delivery or assembly are also purchased, will be reflected on Your invoice(s). Prices and configurations advertised are subject to change without notice or obligation prior to acceptance of Your Order. Prices advertised do not include shipping and handling, finance charges, assembly, or applicable sales taxes, and these will be added to the price You pay. Any existing or new taxes or fees charged by any governmental authority will be added to Your invoice. All customized Orders must be paid for in full prior to any production or customization of the Product(s) and may not be modified or changed after 48 hours of the Order being placed. Once a customized Order is placed, the Company cannot guarantee the delivery or performance of any subsequent changes to Your customized order. However, the Company, in its sole discretion, may allow You to make changes or modifications to the Order for an additional administrative fee of $300.00, plus any difference in the price of the product(s) that result from the requested change or modification.
d. Financing Options; Nonpayment or Late Payments. If You make payments through a Company sponsored financing program that is a Third-Party Financing company. You are legally obligated to make the specified payment. If You fail to make payment or make late payments, You may be charged interest on overdue amounts and may be subject to other sanctions permitted by law. The total payments will be based on the Products and Services You purchase and the financing package You select. The Company’s promotion of a Third-Party Financing company does not create a relationship between You and the Company with regard to that financing. You are responsible for reviewing all the terms and conditions of any Third-Party Financing that You secure or obtain to purchase Company Product(s). The Company will not be liable to You for any false, misleading, usurious, or otherwise actionable cause due to the actions of a Third-Party Financing company.
e. Mattress Sales. All mattress sales are considered final purchases and are non-refundable upon delivery due to sanitation reasons unless there is a manufacturer defect, in which case recourse is limited exclusively to the manufacturer’s warranty policy.
f. Final Sales. All Products that are sold by the Company as-is, are discontinued, or are floor samples are treated as final sales, are not refundable, and are not eligible for In-Store credit.
g. No Chargebacks/Buyer’s Remorse. All references to a “chargeback” refer to a reversal of a credit/debit card charge placed on www.lindseyssuitedealsfurniture.com or for purchases made at the Company’s main office. You are not entitled to a refund or in-store credit for buyer’s remorse or changing Your mind after purchasing furniture from the Company. Any chargebacks will be treated as theft and prosecuted. If the Company in its sole discretion determines that it desires to issue You an in-store credit it will do so subject to the terms and conditions set forth below in Section II(b). If You feel that Your credit/debit card was used fraudulently on www.lindseyssuitedealsfurniture.com, You must notify us immediately upon becoming aware of the fraud, and even in that case, we cannot guarantee that we will return the amount charged to Your card.
h. YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE OR FOR PRODUCTS PURCHASED AT OUR MAIN OFFICE OR ONLINE VIA OUR WEBSITE. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THE COMPANY MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO ATTORNEY’S FEES AND COSTS AND RESULTING DAMAGES TO THE COMPANY IN RECOVERING THE AMOUNT OF THE CHARGEBACK, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD, HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY, OR PURSUING A LEGAL CLAIM AGAINST YOU.
III. Section Three. Limited Refund.
a. Limited Refund for non-custom Orders. The Company offers a limited refund that is available to You for up to 24 hours from the date of purchase on all non-customized Products, provided that the Products have not yet been Delivered or Shipped to You, and provided that You notify the Company within 24 hours of placing Your order of Your intent to cancel the Order. This Limited Refund is subject to the restocking fees that will be deducted from the amount You paid the Company, which shall be equal to 20% of Your Order (“Restocking Fee”). Any Products that are considered a custom Order or that have been altered in any way per Your request are not eligible for this Limited Refund. Notwithstanding the foregoing, this Limited Refund shall automatically terminate upon delivery or shipment of the Products to You. If You do not submit a request to cancel Your Order to the Company within the 24 hour period permitted by this provision, but cancel Your Order prior to the Product(s) being delivered to You, You understand and agree that the Company may, in its sole discretion, choose to issue You a Limited Refund, and in any case such Limited Refund will be limited to 80% of the Purchase Price after deducting the 20% restocking fee and any delivery or shipping costs that have been incurred by the Company from the Purchase Price. All refunds will be issued to the same credit card that was used in making Your purchase or in the form of a Company check made out to Your name as reflected on Your invoice or purchase order.
b. In-Store Credit. If the product(s) have already been delivered to You and You wish to return the product(s), You will not be entitled to receive a refund but You may receive an in-store credit, at the Company’s sole discretion, provided that: a.) The company has agreed to issue You an in-store credit in writing; b.) The product(s) are returned to the company in new condition within seven days of the date of purchase; and c.) You, by accepting the in-store credit, agree that Your in-store credit must be used within a year of the date the in-store credit is authorized, and that such in-store credit shall be equal to the Purchase Price You paid less a twenty percent (20%) restocking fee and less a delivery fee which shall be between $150 and $600. The company reserves the right to reject the return of any product that is not returned in pristine, new, and undamaged condition, in which case no in-store credit will be issued even if the Company has agreed to an in-store credit in writing. Should the Company decide to issue You an in-store credit after receiving and inspecting the Product(s) in accordance with this provision, it will do so within a reasonable amount of time by providing You with an in-store credit slip or other similar document setting forth the amount of in-store credit that You are entitled to. Any and all in-store credit(s) issued to You under this provision must be used by You within one year of the date You receive the in-store credit. All customized Product(s) or modified Product(s) are not eligible for an In-Store Credit. i. Should the Company choose to issue You an In-Store Credit, the Company will either arrange a pick-up time for the Company to pick-up the Product(s) from You to have the Product(s) returned to the Company or You may choose to return the Product(s) in their original boxes and packaging, along with any warranty’s and manuals that were included in the Product(s) packaging, to the Company’s main office.
ii. YOU ARE SOLEY RESPONSIBLE FOR THE PRODUCTS AND ENSURING THAT THE PRODUCT(S) ARE KEPT SAFE AND IN AN UNDAMAGED CONDITION UNTIL THE COMPANY RECEIVES THEM. YOU ARE SOLEY RESPONSIBLE FOR ALL SHIPPING, HANDLING, AND INSURANCE CHARGES PAID BY THE COMPANY IN ITS PICK-UP OF THE PRODUCT(S), WHICH COSTS WILL BE DEDUCTED FROM YOUR IN-STORE CREDIT.
c. Non-refundable fees and costs. Shipping, handling, insurance fees, and fees for services that have been performed (including applicable sales taxes) that You paid when You bought Your products are not refundable and will be deducted from Your refund.
d. In Order to receive a Limited Refund or In-Store Credit pursuant to this Section 3, You must Contact the Company’s main office and provide them with Your Invoice Order number (these are stated on Your purchase receipt or invoice). We will provide You with written authorization for the return of Your Product(s) or In-Store Credit and will provide You with instructions to arrange for the return of the Product(s) to the Company. YOUR LIMITED REFUND OR CREDIT MAY BE DELAYED IF YOU DO NOT FOLLOW THE PROCEDURES INCLUDED IN THIS SECTION THREE.
e. If You are expecting a refund, please allow a reasonable period of time for the Products to be returned to the Company before a refund may be processed.
IV. Section Four. Product Limited Warranty; Disclaimer of Warranties.
a. THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS. ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD DESCRIBED IN SECTION 3(B) BELOW. NO ORAL OR WRITTEN INFORMATION (INCLUDING BUT NOT LIMITED TO THE LIMITED REFUND), OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
b. ANY AND ALL LIABILITY OF THE COMPANY AND ITS AFFILIATES UNDER THIS AGREEMENT IS EXPRESSLY LIMITED TO THE PRICE YOU HAVE PAID FOR THE PRODUCTS. YOUR SOLE REMEDY AGAINST THEM IN ANY DISPUTE UNDER THIS AGREEMENT SHALL BE TO SEEK RECOVERY OF THE AMOUNTS YOU HAVE PAID, PURSUANT TO SECTION 1(c) ABOVE, UPON THE PAYMENT OF WHICH THEY SHALL BE RELEASED FROM AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR REVENUE, ECONOMIC LOSS, LOSS OF DATA, LOSS OF USE OF THE PRODUCTS OR YOUR TIME, THE CLAIMS OF THIRD PARTIES, AND INJURY TO PROPERTY, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, AND EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
c. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
d. THE COMPANY DOES NOT WARRANTY ANY PRODUCT(S) BEYOND THE WARRANTY OFFERED BY THE MANUFACTURER OF EACH PRODUCT OR ACCESSORY. Please refer to the individual warranty provided by the manufacturer of each Product or Accessory for warranty details.
e. THIS LIMITED WARRANTY COVERS NORMAL USE. THE COMPANY DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR: i. DAMAGE DURING SHIPMENT, OTHER THAN ORIGINAL SHIPMENT TO THE CLIENT IF THE “COMPANY’S CARRIER” IS USED, IN WHICH CASE, COMPANY RESERVES THE RIGHT TO REPAIR THE DAMAGE TO THE PRODUCT(S) IN ACCORDANCE WITH SECTION 1(a) ABOVE;
ii. DAMAGE CAUSED BY IMPACT WITH OTHER OBJECTS, DROPPING, FALLS, SPILLED LIQUIDS, OR IMMERSION IN LIQUIDS;
iii. DAMAGE CAUSED BY A POWER SURGE OR A DISASTER SUCH AS FIRE, FLOOD, WIND, EARTHQUAKE, OR LIGHTNING;
iv. DAMAGE CAUSED BY UNAUTHORIZED ATTACHMENTS, ALTERATIONS, MODIFICATIONS OR FOREIGN OBJECTS TO THE PRODUCT(S);
v. DAMAGE CAUSED BY THE USE OF THE PRODUCTS FOR PURPOSES OTHER THAN THOSE FOR WHICH THEY ARE CUSTOMARILY USED;
vi. DAMAGE CAUSED BY ANY OTHER ABUSE, MISUSE, MISHANDLING, OR MISAPPLICATION OF THE PRODUCT(S).
f. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION IV(a) THROUGH (e), SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. ANY AND ALL DEFECTS IN WORKMANSHIP OF THE PRODUCT(S) ARE LIMITED TO RECOVERY AGAINST THE MANUFACTURER OF THE PRODUCT. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DEFECTS IN WORKMANSHIP OF THE PRODUCT(S) THAT WERE NOT CAUSED BY THE COMPANY.
g. Pick-Up of Product(s). You are solely responsible for loading and unloading any Product(s) that You choose to pick-up from the Company’s main office or any of the Company’s storage facilities where the Products are made available for pick-up. If You choose to pick-up the Product(s) You have purchased, You are solely responsible for loading and unloading, and securing the Product(s) and are waiving any right to pursue a claim against the Company if the Product(s) are damaged once it has been removed from Company property or is loaded onto Your personal automobile, trailer or other transporting vehicle or machine.
V. Section Five. MISCILLANEOUS.
a. Governing Law. This Agreement is governed by the laws of the State of Florida, without giving effect to conflicts of law rules. Venue for any dispute arising out of this Agreement shall be proper if such claim or suit is brought in Bay County, Florida.
b. Dispute Resolution. You agree that any dispute between You and the Company will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (AAA) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before a single arbitrator, which shall be selected by the Company, and will be limited solely to the dispute between You and the Company. The arbitration shall be held within 100 miles of the Company’s main office and shall be held in person. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a dispute in a forum other than AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorney’s fees and disbursements, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE EXPRESSLY AND KNOWINGLY WAIVING YOUR RIGHT TO LITIGATE ANY CLAIM OR DISPUTE IN COURT AND ARE AGREEING TO RESOLVE ANY SUCH CLAIM OR DISPUTE THAT MAY ARISE BETWEEN YOU AND THE COMPANY THROUGH BINDING ARBITRATION. For the purposes of this section, the term “dispute” means any dispute, controversy, or claim arising out of or relating to: (1) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, or (2) the purchase or use of any Product, Accessory, Service or otherwise from the Company; the term “Company” means the Company, its subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents or assigns; the term “You” means You, the original purchaser, Your agents, beneficiaries, or heirs.
c. Attorney’s Fees. The prevailing party of any dispute shall be entitled to recover attorney’s fees and costs including pre-litigation, litigation, appeals, and post-judgment collection attorney’s fees and costs from the non-prevailing party.
d. Compliance with Laws and Regulations. You must comply with all applicable export laws and regulations of the United States and other applicable countries if You export the Product outside the country.
e. Severability. If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.
f. Assignment. You may not assign this Agreement without the Company’s prior written consent. The Company and its affiliates are intended beneficiaries of this Agreement. In case of any inconsistency between this Agreement and any other agreement, included with or relating to Your Product, this Agreement shall take precedence.
BY PURCHASING ANY COMPANY PRODUCTS, YOU ARE AGREEING TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. DO NOT PROCEED TO PAYMENT OR COMPLETE YOUR PURCHASE IF YOU DO NOT AGREE WITH ANYTHING SET FORTH IN THIS AGREEMENT.
Sales Terms and Conditions & Limited Warranty Disclaimers Lindsey’s Suite Deals Furniture, LLC Last updated October 2019
