BoSmith Furniture of Florence, Inc., d.b.a. BosmithFurniture.com®
TERMS AND CONDITIONS
Before submitting your order, please review these Terms and Conditions.
BosmithFurniture.com wants you to be well informed on every aspect of your purchase; from the moment of your purchase to the day you show off your furniture to family and friends.
1. Before You Submit Your Order. Please check the Order Form prior to submitting it, in order to ensure accuracy of the item numbers, sizes, finishes, and fabrics. Your order will be placed exactly as submitted. It is also important to take measurements to make sure the furniture you are purchasing will fit through your house and can be placed in the area of your choosing. All measurements shown on the web site are estimates given to us by each Manufacturer and may vary from the actual measurement of the item once produced and received. On our website, we strive to provide an accurate representation of the finishes; however, due to changes in lighting and a wide variety of resolution qualities on different computer monitors, some color variation is possible. To determine the exact color of a finish, we suggest that you examine the actual product or see if a finish sample is available.
· Up to 1/2 deposit is required on orders except those listed below. When the furniture arrives at our distribution center, you will be notified and required to pay the balance by personal check or credit card.
· A one hundred percent (100%) deposit is required on orders requiring factory direct shipments, customers own material (“COM”), custom orders.
3. Customer’s Own Material (COM). Furniture made from COM will be subject to a handling charge of $25.00. Please be aware the manner in which customer’s fabric or other material is applied (e.g., the direction of the pattern, etc.) will be at the discretion of the manufacturer. THERE ARE NO RETURNS OF COM ORDERS FOR ANY REASON.
4. Split Shipment. If a split shipment for any item on your order is approved, you will be required to pay the balance on the delivered items and to maintain a fifty percent (50%) deposit on the remaining items (unless the remaining items require 100%deposit). Additional delivery charges may also apply.
5. Change of Orders. Order changes will be allowed only when BosmithFurniture.com has the ability to change the order with the manufacturer. Each permitted order change will require a $25.00 handling charge. Requests for order changes must be in writing and signed by the customer and must be sent by FAX, U.S. mail or email.
6. Cancelled Orders. You may cancel your order anytime after placing your order. If your furniture has not been picked up from the factory, you may cancel it at no charge. However, if the item has already been picked up, you will be responsible for a 50% restocking fee. If at the time of delivery you decide you do not want the furniture or thought it would match your decor better, you can refuse the shipment, at this point you would only be charged the delivery fee and up to a 50% restocking fee. After our delivery team has left your house and you decide to return the furniture, simply return the furniture to us at your expense and we will gladly give you a refund less up to 50% restocking fee. You may contact us at any time to check the status of your order.
7. Delivery Charges. Quotes for delivery charges are based on normal delivery conditions. The delivery quote you receive is guaranteed to be with in 10% of the quoted price not withstanding any Special items. Special items must be agreed upon at the time the order is placed. (Examples: limited hours of access to your neighborhood, building or freight elevator, limited access to your home by large trucks, More than one flight of stairs, etc.) The customer will be responsible for all delivery charges including those which exceed those quoted by BosmithFurniture.com.
8. Expected Time Of Delivery. The delivery times depends a great deal upon availability. If the items are in stock at the manufacturer, we average 4 – 8 weeks on the East Coast and 6 – 12 weeks on the West Coast for delivery. There is a great chance you will receive your items quicker and we will always do everything we can to insure timely delivery. Please Note: These are estimates, not guarantees. When it comes to delivery times, we are at the mercy of the manufacturer. Normally we are able to pick up your furniture from the mfg. within 2-4 weeks of your order. At that point your furniture will be on the next truck to your area which is about every 1- 3 weeks on the East Coast, and 3-5 weeks on the West Coast. If we see there's going to be an unusual delay in your shipment, we will notify you. **Upholstery orders may take longer than our estimates due to manufacturer production lead times.
9. Holding Your Order. You will be notified when your order is received at our distribution center. Orders held at our distribution center more than thirty (30) days after notification at the customer’s request may be assessed a nominal storage fee by the distribution center.
DELIVERY OF FURNITURE
10. Pre-delivery. You will be notified when your furniture arrives at the distribution center and a delivery will be scheduled shortly thereafter. You may, of course, choose to pick up your furniture directly from our distribution center yourself or have it delivered through another delivery service or carrier. While this procedure is welcomed, you should be aware any furniture picked up in this manner will be treated as an “AS IS” purchase and may not be returned for any reason. The movers travel hundreds of miles and make numerous deliveries. The delivery service will make every effort to meet your scheduled delivery time, but please remember delays may occur due to circumstances beyond the driver’s control. Have your rooms and pathways to your room(s) cleared and ready for delivery as the drivers cannot move existing furniture. If you cannot be present at the time of the scheduled delivery, please make arrangements to have a responsible representative present to fully inspect and accept the furniture on your behalf. The signature of your representative on the Bill of Lading binds you with respect to all aspects of the acceptance of the delivery including the condition of the items delivered. If an item weighs over 250 lbs., you may be asked to provide assistance in moving it.
11. Delivery. Delivery is made by two (2) movers who specialize in delivering furniture. If the location of the delivery is not accessible by our delivery truck, it is your responsibility to provide transportation from the truck to the location of delivery. If your order is undeliverable for any reason, the furniture will not be delivered and you will be charged a fifty percent (50%) re-stocking fee plus freight charges. If the movers have difficulty placing an item in the area of your choosing due to limitations such as narrow halls, stairways, corners or ceiling heights, the items will be placed in another area of your home. If you insist the movers maneuver an item in a difficult situation, you will be responsible for any resulting damages to the furniture and the premises. The movers are not permitted to set up baby cribs nor any items that attach to walls. The movers are not permitted to dispose of packing materials and those items will be left with you. Please carefully review the section entitled “Damaged Furniture.”
12. Defective Furniture. The furniture sold by BosmithFurniture.com is warranted by each manufacturer, not BosmithFurniture.com. All merchandise we sell is from reputable companies with excellent quality control, but defective items are occasionally shipped. In most cases, defects are of minor nature and can be cleared up in the home by a professional furniture technician. In the event you receive an item you feel is defective, please send us photographs clearly showing the defect along with a written description so that we can assist you with submitting the claim to the manufacturer. While none of our manufacturers offer refunds for defective furniture, the manufacturer will be willing to repair or replace the item if the situation warrants. BOSMITH FURNITURE, INC., d.b.a. BOSMITHFURNITURE.COM, WORKING WITH THE MANUFACTURER, WILL DETERMINE IF AN ITEM NEEDS TO BE REPAIRED OR REPLACED. Natural flaws and imperfections in wood add to a piece’s beauty and charm and should not be viewed as damages or defects. Natural stone varies in color and veining, and there is no control over veining or color. Due to the substantial discounts offered by BosmithFurniture.com, minor door and drawer alignments as well as minor touch-ups are the customer’s responsibility.
13. Damaged Furniture. Occasionally, the furniture may experience minor damage during shipment or it may contain manufacturer defects. Please take your time an inspect all the furniture upon delivery and denote any damages or defects on the delivery ticket(bill of lading), as it is much easier to have these problems corrected when denoted on the delivery ticket. PLEASE DENOTE ON DELIVERY SLIP EVEN IF YOU KEEP AN ITEM
If your delivery is taking place during our normal business hours, 10-6 Mon, Tues, Thurs, Fri. &10 – 4 on Sat., please call us and we will help you determine what to do.
If your delivery is taking place after our normal business hours please contact our on call customer service person and they will help you determine what to do. The phone number will be provided before your scheduled delivery time. If you have misplaced the number the delivery team will be able to give you the number.
If you are directed to keep the piece of furniture that is damage we will we have a professional furniture technician come to your home and correct the problem. If the problem is not corrected back to or better than manufacturer standards, we will have a new piece sent to you at no additional cost. If you are directed to refuse the item we will have it replaced or repaired (per our manufacturer’s recommendation) and redelivered to you at no additional cost. In the event an item is returned you may request a credit for that item until the item is returned to your home. Please take your time and inspect the furniture upon delivery, as it is much easier to have any problems corrected if they are noted on the delivery receipt. For extremely simple fixes such as replacing a broken handle, we will Fed-ex the parts to you and ask you to install them.
14. Title to Goods. Title to goods passes to you at the time of delivery.
15. Jurisdiction and Venue. This document and disputes shall be construed under the laws of the State of South Carolina and venue and jurisdiction shall be in Darlington County, South Carolina. Furthermore, should a dispute arise, this document requires any issues to be subject to mandatory arbitration in the State of South of Carolina.
16. Unpaid Balances. Any balance more than thirty (30) days past due shall bear interest at the rate of ten percent (10%) per annum. In the event collection efforts are necessary, the customer shall be responsible for all expenses of collection including attorney’s fees and costs.
THERE ARE NO EXPRESS WARRANTIES OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT APPLY TO THIS SALE. BOSMITHFURNITURE.COM IS NOT LIABLE FOR DAMAGES OF ANY SORT INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES.