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/or its retail location(s) 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. Your use of the Site and/or 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. By continuing, you attest and confirm that you have reviewed and unconditionally agree to all of Foster's Furniture Terms and Conditions.
2. ORDERING, PAYMENT, CANCELLATIONS, RETURNS, AND REFUNDS
For ordering merchandise taken from our stock on hand we require payment in full at time of sale. For ordering merchandise we Special Order for you we require a minimum 50% non-refundable non-returnable deposit with remaining balance due upon notification of delivery. Forms of payment we accept are Cash, Check, Visa, or MasterCard. 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 our costs of collection, including reasonable attorney's fee, in the event that we shall be required to undertake collection action against you. Our policy for cancellations, returns, and refunds depends on the type of order you place with our company.
If your order is marked as stock, this means the merchandise you ordered will be taken from our existing stock on hand. If your stock order requires us to hold your merchandise for more than 14 days you agree the order can not be cancelled and you agree any deposits on the stock order cannot be returned nor refunded. 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 14 days. Undamaged stock merchandise requested to be returned is subject to a 20% restocking fee. You must notify us in writing of any such desire to return stock merchandise, and any such request must be made no more than 48 hours after your receipt of merchandise. We will review any such request and respond back with our determination to authorize or deny said return request. Any merchandise you return without our written authorization will be refused and you agree you will be responsible for any associated charges or fees. Any merchandise authorized for return must be unused and in our original packing. Shipping and delivery charges for merchandise is not refundable, and you agree you are responsible for any return shipping fees for authorized merchandise returns as well as any original shipping and delivery fees associated with the original shippment and delivery of the merchandise to you. Upon receipt of authorized returned merchandise we will inspect said merchandise for verification that merchandise was not used or damaged. Deposits for authorized and verified return of stock merchandise will be returned or refunded to you less any associated charges or fees as explained above. In the unlikely event a stock item arrives to you short or damaged, see section on Exchanges, Returns, Refunds For Damaged Merchandise.
If your order is marked as Special Order, this means the merchandise you ordered is not available from our existing stock on hand and we will Special Order it direct from the factory for you. You agree any merchandise we Special Order for you cannot be cancelled nor returned, and you agree your deposits on any merchandise we Special Order for you cannot be returned nor refunded. If your Special Order merchandise requires us to hold your merchandise for more than 14 days after it becomes available for delivery to you, you agree to pay on a prorated basis a per month storage fee of 1.5% of the purchase price of your item(s) until they are delivered to you. Lead times we provide are estimates provided by our resources. Occasionally due to circumstances beyond our control it is impossible to meet those estimated lead times. You agree any merchandise we Special Order for you cannot be cancelled and you agree deposits on any such merchandise cannot be returned nor refunded due to delays in lead times. If your order is marked as Special Order you agree the order is noncancelable, you agree to forfeit any deposits should you force cancellation or refusal of your Special Order for any reason, and you agree that you shall pay all of our costs of collection including reasonable attorney's fee should we be required to undertake collection action against you. In the unlikely event a special order item arrives to you short or damaged, see section on Exchanges, Returns, Refunds For Damaged Merchandise.
Exchanges, Returns, Refunds For Damaged Merchandise:
You agree to inspect all stock and/or special order merchandise at time of delivery. If for some unforeseeable mistake arising from factory error or shortage of an item, or damage or shortage of an item arising from mishandling by a shipping or delivery company, you agree to receive the item or items at time of delivery and you agree to notate in detail, on the delivery company's paperwork and/or acceptance documentation device, any such issue. This must be done at time of delivery. You agree to give our company immediate written notice within 24 hours. You agree to give us, from the date of your written notice to us, an additional amount of time commensurate with your original order lead time, for us to review and resolve the matter, at our option of repair or replacement of the involved merchandise. In the unlikely event an item is damaged during the delivery process and can not be repaired nor replaced, we will at our option, offer you a discount to keep the item as is, or if offered discount is not acceptable to you, we will have the item picked up and returned to us at no additional charge to you. In this specific circumstance the agreed discount amount on the item or your original delivered price on the item will be refunded to you.
It is your right and your responsibility to notate damage or shortage in detail at time of delivery. You agree to hold us harmless and not liable for any damage or shortage that you do not document and notate in detail at time of delivery, and you agree that deposits on such merchandise shall not be returned nor refunded. While we will assist you with item repair or if necessary item replacement in such a circumstance, you agree to accept full responsibility for any charges or costs associated with any needed repair or replacement of an item you signed for as in good condition with no notations.
Under no circumstances will we exchange any merchandise nor accept return of any merchandise without written authorization from our company to you. Any returns made without our written authorization to you will be refused and denied and you will be responsible for any associated charges or fees.
In the unlikely event that any injury to you or damage to your premises occurs resulting from actions of the delivery company's employees or equipment at time of delivery, you agree to notate, in detail, any such injury or damages on the delivery company's paperwork and/or acceptance documentation device at time of incident, and to give us immediate written notice of such incident, so that we may begin a process of review and remedy with the appropriate delivery company and insurance claim process. You agree to notify medical services immediately in any event involving bodily injury caused by the delivery company's employees or equipment, and to provide us written notice of such incident as soon as reasonably possible. You agree to notify police immediately to file a report in any event involving significant property damage resulting from actions of the delivery company's employees or equipment, and to provide us written notice of such incident as soon as reasonably possible.
Shipping and transit dates we provide are estimates provided by our resources. Occasionally due to circumstances beyond our control it is impossible to meet those estimated dates. You agree any merchandise or services you order from our company cannot be cancelled and deposits on any such merchandise or services cannot be returned nor refunded due to delays in shipping and transit date estimates resulting from unforeseeable events, interstate transit timelines, or from delivery scheduling by local residential delivery companies.
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. Merchandise cannot be returned and deposits cannot be returned nor refunded due to lack of satisfaction with merchandise resulting from failure to request any or all of the above details, specifications, or material samples.
3. ACCURACY OF INFORMATION
Our 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 we will do everything possible to ensure these errors are corrected as soon as reasonably possible. Our 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.
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 our Company.
Our Company and our 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 our 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 our 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 our 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 our Company on an “as is” and “as available” basis. Neither our 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. Our 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, our 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 our Company. Our 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 our 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 our 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. We recommend 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 prevent damage to hard surfaces, we recommend you always use coasters, placemats, trivets, table runners, and where possible to use custom fit protective table pads.
All products sold by our 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 us in writing. We will review and authorize any warranty repair or replacement. Repair or replacement of any item covered by our Warranty or the factory'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 our address; transportation charges may apply to any approved warranty repair or replacement outside of our normal delivery range. If we cannot repair a warranted defect within a reasonable amount of time after being properly notified, we will offer a replacement or tender a refund on a prorated basis to original purchaser at our option. After a period of twelve months from date of delivery, our 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 nontransferable.
Some products sold by our 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 we or any of our 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 our company or any person for whom our company is responsible, and even if our company has been advised of the possibility of such loss or damage being incurred. All products sold by our 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. Our 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 our company and used by you in contradiction or noncompliance with your local laws and ordinances.
If you reside outside the State of Washington and/or decide to receive delivery of your merchandise outside the State of Washington, it is your responsibility to properly file and pay any duties, taxes, or any other government mandated fee or obligations related to your purchase 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, and you agree to be personally responsible for any and all liability or penalty should you disregard necessary filing and/or payment to your governing tax entity.
It is your responsibility to properly vet, measure, verify, and make certain that the items you purchase from our company 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 our company.
Although unlikely, at time of delivery, any merchandise presenting chips, nicks, scratches, dents, tears, or any damage whatsoever, you agree to notate any such problem in detail, on the delivery company's paperwork and/or acceptance documentation device 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. You agree to notify our Company of the damage within the next business day after the day of delivery. Our Company will make all necessary arrangements for filing damage claim with the shipping company, and you agree to allow our 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 merchandise damage or shortage at time of delivery.
You agree to hold our Company harmless and not liable for any property damage, personal injury, merchandise damage or shortage that you did not properly document and notate at time of delivery. While our Company will assist you with merchandise repair or replacement if necessary, in such a circumstance, you agree to reimburse our Company for any needed repair or replacement. It is critical that you properly inspect and account for your order at the time of delivery to you, as well as to document any injury, damage, or shortages should any be present.
You agree to indemnify and hold our Company and its Associates harmless form any loss, liability, claims or expenses made against our 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 our Company and its Associates harmless from any loss, liability, claims or expenses made against our Company against any of its Associates and arising out of or in connection with your use of any of the products sold by our Company.
8. OTHER SITES
This Site may contain links or references to other websites operated by other persons (the “Other Sites”). Our 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 our 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 our 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 our 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 our 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 license to our Company.
Our 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 our Company.
12. TERMINATION OF USE
Our Company may, in its sole discretion, terminate your account or use of the Site at any time and without prior notice to you. To the extent this Site is a Transactional site, you are personally liable to our Company for any orders that you place or charges that you incur prior to such termination. Our 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 our 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.
Our 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. We have devout respect for your privacy, and maintain 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, we do send out advertisements about Company 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 our company will make a reasonable effort to make sure you do not receive future advertisements.
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, our 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 our Company, which may be withheld at our Company's sole discretion. Our 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 our 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.
Our Company reserves the right to modify these Terms and Conditions at anytime by posting revised Terms and Conditions on the Site without prior notice. Your continued use of this Site following any such modification will signify your unconditional acceptance of the Terms and Conditions, as modified.
To notify us for any reason, or if you have any questions or comments about these Terms and Conditions or the Site, please contact us by:
Mail: 1402 Lake Tapps Parkway SE. Suite F104-128. Auburn, WA 98092