TERMS AND CONDITIONS OF SALE AND DISPUTE RESOLUTION AGREEMENT
TERMS AND CONDITIONS OF THE SALE
The following Terms and Conditions and Dispute Resolution Agreement apply to "you" and to "RTG," which is also referred to as "we" or "us." "You" means the person or entity who signs this Sales Order or on whose behalf it is signed and any privies and assigns, and "RTG," "we," and "us" mean RTG Furniture Corp. and its parent companies, affiliated and related companies, subsidiaries, divisions, employees, representatives, predecessors, successors, and assigns. The Terms and Conditions and Dispute Resolution Agreement are our agreement with you concerning your purchase of household furnishings from us and cannot be changed except by a written agreement signed by you and us.
- REFUND POLICY. You may receive a total refund of any monies for furnishings only if you cancel the sale within 48 hours of the date of purchase. If you charged your purchase, we will credit your charge account. All other refunds will be made by check and mailed from our main office. If you do not cancel the sale within 48 hours, only 80% of the purchase price will be refunded to you. No refunds are available and sales cannot be cancelled after merchandise has been delivered in good condition. (Refund/Cancellation rights do not apply to Express/Next Day Delivery orders).
- At any time after the purchase, we can correct mistakes in pricing or arithmetic made in computing your purchase price.
- You must make any change of the delivery address or change in the order either in person or by telephone and the change will be binding only if we confirm the change before delivery. Changes may delay the delivery date.
- Merchandise sold "AS IS" will not be eligible for return, exchange, allowance, refund or service. All "AS IS" sales are FINAL. Merchandise sold "AS IS" is sold without any express or implied warranties of any type.
- Merchandise marked "Partial Assembly Required" (disassembled) or "Assembly Required" is delivered in factory-packed cartons for assembly by purchaser.
- We retain title to all furnishings until delivered to you and paid for in full.
- Certain returns and exchanges, including returns and exchanges of mattresses and box springs, may require that you pay a "pickup and redelivery fee" or other return or exchange fee to cover costs of pickup and delivery from your home or other related re-stocking costs.
- If we have to pay any monies or hire an attorney to collect payment from you we can recover from you all of our collection costs including the fees of our attorney.
- Merchandise purchased for commercial type settings will not be eligible for warranty refund or service.
- For takeaway items, customer is solely responsible for loading/transporting merchandise. Customer holds RTG harmless for any and all damage/injury to vehicles, merchandise or customer during loading/transport.
THE FOLLOWING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THERE ARE NO EXPRESSED OR IMPLIED WARRANTIES WHICH EXTEND BEYOND THE LIMITED WARRANTY DESCRIBED BELOW ("Limited Warranty").
We warrant that the merchandise you purchase from us will be free from defects in material and workmanship for a period of ONE YEAR from the date of delivery. This warranty applies to you as the original purchaser only, and to merchandise which has remained at the original non-commercial delivery site. In order to recover under this warranty, you must give us written notice of the defect within the one year warranty period. This warranty does not cover: 1) wear, fading, or shrinkage of any fabrics; 2) damage due to alterations, misuse, abuse, or accidents; 3) damage or discoloration caused by sunlight or artificial lighting sources; 4) Natural variations in the color or graining of leather and/or wood or wood products; and 5) ridges or rough areas in marble or variations in its color or graining.
If the furnishings we sell you do not meet the above warranty, we will at our option, either (i) refund you the purchase price in exchange for return of the merchandise, or (ii) repair or replace the non-confirming merchandise. Except to the extent expressly prohibited by law, we are not liable to you for any consequential or incidental damage for breach of this or any other warranty.
DISPUTE RESOLUTION AGREEMENT read carefully - this agreement affects your rights
Mandatory Arbitration:YOU AND RTG AGREE THAT ANY DISPUTE OR CLAIM THAT RELATES IN ANY WAY TO ANY PRODUCT OR SERVICE SOLD OR DISTRIBUTED BY RTG OR TO THE LIMITED WARRANTY ("DISPUTE") MUST BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY, EXCEPT THAT YOU OR RTG MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF THE CLAIMS QUALIFY FOR SMALL CLAIMS COURT AND THE MATTER PROCEEDS ONLY ON AN INDIVIDUAL (NOT A CLASS OR REPRESENTATIVE) BASIS. This Dispute Resolution Agreement ("Agreement") applies to Disputes arising before, on, or after the date of this Sales Order, regardless of whether the Limited Warranty is in effect.
You and RTG waive the right to a trial by jury and any right to have a Dispute heard in court. In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA's Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA's Commercial Arbitration Rules will apply. The AAA's rules and a form that can be used to initiate arbitration proceedings are available at www.adr.org or by calling 1-800-778-7879.
The Federal Arbitration Act ("FAA") applies to this Agreement, including the arbitration provision, and governs its interpretation and enforcement. To the extent the FAA does not apply, the laws of the State of Florida, without regard to principles of conflicts of law, will apply. The arbitrator will decide all issues relating to the interpretation, scope, and application of this Agreement, including the arbitration provision, and the Limited Warranty, except that a court will resolve any question regarding the validity or enforceability of Section 2. The term "Dispute" and the requirement to arbitrate will be broadly interpreted. The Agreement will survive termination of the Limited Warranty.
Arbitration Class Action Waiver: You and RTG agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute between you and RTG may not be consolidated with the claim or discovery of any other party. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section 2 invalid or unenforceable, then Sections 1 and 3 of the Agreement will be null and void.
Fees and Costs in Arbitration: If your total damage claims are $25,000 or less, not including your attorneys' fees: (1) the arbitrator may award you your reasonable attorneys' fees, expert fees, and costs if you prevail in the arbitration; (2) the arbitrator may not award RTG its attorneys' fees, expert fees, or costs unless the arbitrator determines that your claim was frivolous or brought in bad faith; and (3) RTG will bear all filing fees and administrative fees and either reimburse you for any such fees that AAA requires you to pay upon initiating arbitration or, if you send a written request to RTG c/o Legal Department, 400 Perimeter Center Terrace, Suite 800, Atlanta, GA 30346 before you initiate arbitration, pay to AAA any such fees that AAA requires to be paid upon initiation of arbitration. If your total damage claims are more than $25,000, not including your attorneys' fees, then the arbitrator may award the prevailing party all or a portion of its reasonable attorneys' fees, expert fees, and costs. In arbitrations conducted under AAA's Consumer Arbitration Rules, (a) RTG will bear the arbitrator's fees and expenses, and (b) where no disclosed claims or counterclaims exceed $25,000, the Dispute shall be resolved by the submission of documents only/desk arbitration, except that any party may ask for a hearing or the arbitrator may decide that a hearing is necessary. Except as otherwise provided herein, all filing fees, administrative fees, and arbitrator fees and expenses will be paid in accordance with the applicable AAA rules.
Non-Arbitration Class Action and Jury Waiver: You and RTG agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and RTG waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor RTG may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
Severability: If any part of this Agreement is found invalid or unenforceable, then the other parts of the Agreement shall remain in full force and effect, except that if any part of Section 2 is found invalid or unenforceable, then Sections 1 and 3 of the Agreement will be null and void, and the other parts of the Agreement shall remain in full force and effect.
REFUND POLICY FOR ONLINE PURCHASES
Online customers have the ability to return a purchase within 48 hours of delivery if the merchandise was not as expected. Refunds will be for the amount of merchandise and tax, but not the delivery charge. No refunds or returns on merchandise after 48 hours of delivery. Items delivered via UPS must be returned via UPS at the customer's expense. Our Internet Sales Support Staff will issue you a Return Number for your reference and give you any further instructions for returning your merchandise. You are responsible for returning the furniture in the condition that it was delivered. Please do not make returns without first contacting Internet Sales Support. Make sure you already have obtained a Return Number prior to Returning. Please include your original sales order number. Returns may take up to 10 business days to process. This means that the credit for your return will appear on your account within 10 business days.
For purchases made in one of our showrooms, please contact the appropriate showroom to receive a return authorization. If you purchased online, our Internet Sales Support Staff will issue you a Return Number for your reference and give you any further instructions for returning your merchandise. You are responsible for returning the furniture in the condition that it was delivered. Please do not make returns without first contacting customer service. Make sure you already have obtained a Refund Number prior to returning. Please include your original sales order. Returns may take up to 10 days to process. This means that the credit for your item returned will appear in your account within 10 days.
ERRORS ON OUR SITE
- Prices and availability of products and services are subject to change without notice.
- Errors will be corrected where discovered, and Rooms To Go reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
- If your credit card has already been charged for the purchase and your order is cancelled, Rooms To Go will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
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