Terms & Conditions

FurnitureofDalton.com is comprised of various web pages operated by Furniture of Dalton.

FurnitureofDalton.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of FurnitureofDalton.com constitutes your agreement to all such terms, conditions, and notices.

Modification of these terms of use of FurnitureofDalton.com

FurnitureofDalton.com, reserves the right to change the terms, conditions, and notices under which FurnitureofDalton.com is offered, including but not limited to the charges associated with the use of the Furniture of Dalton web site

Links to third party sites

FurnitureofDalton.com may contain links to other web sites (“Linked Sites”). The linked sites are not under the control of FurnitureofDalton.com and FurnitureofDalton.com is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. FurnitureofDalton.com is not responsible for webcasting or any other form of transmission received from any linked site. FurnitureofDalton.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FurnitureofDalton.com of the site or any association with its operators.

Use of communication services

FurnitureofDalton.com may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

FurnitureofDalton.com has no obligation to monitor the communication services. However, FurnitureofDalton.com reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. FurnitureofDalton.com reserves the right to terminate your access to any or all the communication services at any time without notice for any reason whatsoever.

FurnitureofDalton.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FurnitureofDalton.com’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any communication service. FurnitureofDalton.com does not control or endorse the content, messages or information found in any communication service and, therefore, FurnitureofDalton.com specifically disclaims any liability regarding the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized FurnitureofDalton.com spokespersons, and their views do not necessarily reflect those of FurnitureofDalton.com

Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to FurnitureofDalton.com or posted at any FurnitureofDalton.com website

FurnitureofDalton.com does not claim ownership of the materials you provide to FurnitureofDalton.com (including feedback and suggestions) or post, upload, input or submit to any FurnitureofDalton.com web site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your submission you are granting FurnitureofDalton.com, its affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your submission; and to publish your name in connection with your submission.

No compensation will be paid with respect to the use of your submission, as provided herein. FurnitureofDalton.com is under no obligation to post or use any submission you may provide and may remove any submission at any time in FurnitureofDalton.com’s sole discretion.

By posting, uploading, inputting, providing, or submitting your submission you warrant and represent that you own or otherwise control all the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH FURNITUREOFDALTON.COM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FURNITUREOFDALTON.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN FURNITUREOFDALTON.COM AT ANY TIME. ADVICE RECEIVED VIA FURNITUREOFDALTON.COM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

FURNITUREOFDALTON.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON FURNITUREOFDALTON.COM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FURNITUREOFDALTON.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FURNITUREOFDALTON.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FURNITUREOFDALTON.COM WEB SITE, WITH THE DELAY OR INABILITY TO USE FURNITUREOFDALTON.COM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FURNITUREOFDALTON.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE FURNITUREOFDALTON.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FURNITUREOFDALTON.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FURNITUREOFDALTON.COM WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FURNITUREOFDALTON.COM WEB SITE.

SERVICE CONTACT: info@FurnitureofDalton.com

Termination / Access Restriction

FurnitureofDalton.com reserves the right, in its sole discretion, to terminate your access to FurnitureofDalton.com and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Hall County, Georgia, U.S.A. in all disputes arising out of or relating to the use of the FurnitureofDalton.com web site. Use of FurnitureofDalton.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FurnitureofDalton.com as a result of this agreement or use of the FurnitureofDalton.com web site. FurnitureofDalton.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FurnitureofDalton.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of FurnitureofDalton.com or information provided to or gathered by FurnitureofDalton.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FurnitureofDalton.com with respect to FurnitureofDalton.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and FurnitureofDalton.com with respect to the FurnitureofDalton.com web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and trademark notices

All contents of FurnitureofDalton.com are: Copyright 2012 by FurnitureofDalton.com. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and procedure for making claims of copyright infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

FURNITURE of DALTON
CLAIMS and RETURN POLICY

1. Return or cancellation of in-stock merchandise will only be accepted when authorized by the Claims Department. All purchases of in-stock merchandise approved for return or cancellation will be charged a 25% restock/cancellation fee. All return merchandise is subject to inspection, and credit/refunds will be issued only if returned in the original condition.
2. Any product "Sold AS IS" may not be returned and is not warranted by Furniture of Dalton or the manufacturer. These products include, but are not limited to, goods sold as second quality, discontinued or clearance sale items.
3. Custom, special, or non-stocking items ordered by a customer may not be cancelled or returned. These types of orders require a non-refundable deposit, and the balance must be paid when the merchandise is received by Furniture of Dalton. If the customer refuses to pay for the balance owed, the deposit will be forfeited, and the goods sold at the discretion of Furniture of Dalton.
4. Claims liability for Furniture of Dalton in no case shall exceed the actual customer cost of the product in the complaint. Furniture of Dalton will assist our customers regarding manufacturing defects by acting as an intermediary between our vendor and our customer. However, there will be no participation by Furniture of Dalton for delivery delays, extra handling, etc. outside the amounts covered by the manufacturer’s/distributor's warranty
5. Claims for manufacturing defects will be filed with the manufacturer/distributor and the manufacturer's/distributor's claims policy and warranty will apply. Furniture of Dalton does not warranty any of the products we sell and assumes no liability for any products with manufacturing defects. We will assist our customer by filing the appropriate claim with the manufacturer/distributor, whose decision is final.
6. Delivery made via a Furniture of Dalton delivery truck should be inspected carefully and the Customer should note any problems with the product or delivery service on Furniture of Dalton’s delivery ticket at the time of delivery. No claims for damage may be made after the customer has signed a clean delivery receipt.
7. Delivery charges are non-refundable. Customers are responsible for making sure that 1) the space is open to receive the new merchandise. 2) the piece(s) will fit the space in their homes. 3) Someone is at home to meet the delivery personnel at the appointed time with the full authority to sign to accept the merchandise and 4) The new piece will be able to fit through doorways to the requested placement of the product. Re-delivery charges will apply on any item(s) where the customer has not met these requirements.
8. Customers that take product with them are responsible to inspect the product fully, as no returns will be accepted on goods picked up by the customer that are later claimed to be damaged. Furniture of Dalton assumes no liability for products that are loaded on a customer’s vehicle. The customer has the responsibility to make sure that their product(s) are secure on their vehicles. All customer pick-ups are FOB Furniture of Dalton’s warehouse.
9. Furniture of Dalton does not recommend nor accept any liability for merchandise that is shipped on a common carrier. Customers that elect to ship their product on a common carrier and the product arrives damaged, should file a claim with the freight line.
10. Claims on delivered products are subject to inspection by a representative of Furniture of Dalton, Certified Independent Inspector and/or a Factory Representative.
11. Furniture of Dalton retains title to any property until the property has been paid for in full.
12. Refunds can only be authorized by the claims department or a manager. Methods of refunds will be determined by the way the customer originally paid Furniture of Dalton. CASH PAYMENTS-refunds will be dispersed by a Furniture of Dalton company check on the next weekday business day. CREDIT CARD – credit must be made back to the original card used by the customer. CHECK (personal or business) – refunds will be by a Furniture of Dalton company check only after Furniture of Dalton’s bank has verified that the original check presented by the customer has been honored and credited to Furniture of Dalton’s account.