HERVAL FURNITURE TERMS AND CONDITIONS OF RETAIL SALES
In this document HERVAL FURNITURE or EDUMAR INTERNATIONAL FURNITURE CORP. are referred as US or WE or OUR. The Client listed in the front and signing the acknowledgment is referred as YOU or YOUR.
WARRANTY: We honor the relevant Warranty usually given by the manufacturer. As a reseller, we cannot extend or provide additional warranties. We will act on your behalf to submit the claim to the manufacturer, but we cannot assume any liability for any failure by the manufacturer to honor the Warranty. Warranty only benefits the original purchaser and to the original delivery address.
ORDER: You hereby authorize us to immediately order the furniture stated on the front of this form if not available at our warehouse.
DEPOSIT AND FINAL PAYMENTS: Special orders require payment of 50% of the total price upon ordering. All purchases final payments are due at least 24 hours before delivery. Payments with checks have to be cleared before delivery or pick up.
SAMPLES: The floor samples are sold as is and no return or exchange will be allowed.
CANCELLATION and MODIFICATIONS of orders will not be accepted without previous approval of the management.
RETURNS: Before delivery of stock items, you may cancel or modify your order after 24 hours and no more than 30 days of your purchase with a 10% cancellation fee for operative costs. After 30 days, you will be assigned a store credit only. During the 24 hrs after your purchase, you may cancel your order with a full refund if you pay in cash. A 2% processing fee will be assessed to your account if you pay with a credit card.
A return will be accepted only within (7) days after delivery of merchandise (Except for Special orders, which are not subject to return or refund.) If a return is accepted, you will be charged a 25% restocking fee. You can use the remaining 75% balance as a store credit for the purchase of any other product(s) in a term of two years. A returned product has to be in its original conditions as delivered or picked up by you, which our personnel will inspect carefully before accepting it. DELIVERY CHARGES are not refundable.
SPECIAL ORDER ITEMS and ACCESSORIES are NOT subject to Cancellation, Changes, Exchanges, Refunds, Store Credit or Returns – Order that are placed based on items shown in our WEBSITE or CATALOGS and not physically seen by you are taken at your own risk in relation to color, quality, style, etc.
CLAIM ON DAMAGES will not be accepted after delivery truck has left your premises. It is the customer’s responsibility to check merchandise thoroughly upon receiving it. On long distance shipments, we hire the services of a third-party freight carrier company. In these cases, Herval Furniture is not responsible for damages to the furniture suffered during transportation, but we will duly work on your behalf to claim any possible reimbursement to the Insurance company; or if you prefer, you can send your own carrier company to pick up the merchandise from our warehouse.
STORAGE: Once the order is ready for delivery or pick up, we could hold it in our warehouse for a 30 day grace period. After 30 days, there shall be charged a monthly storage fee of either 10% of the value of your purchase or $100.00, whichever is greater. Should you fail to claim and accept possession of your order and pay the storage fee within 90 days after the order is ready, we shall then have the absolute right to sell your order by public or private sale (at our sole option or discretion) and deduct our storage fee and costs of expenses (including attorney fees, if applicable for selling or disposing of your order.)
DELIVERY: For local delivery within Miami-Dade, Broward, and Palm Beach counties, in Florida, we will deliver the furniture to your house and assemble it if you have purchased the assembly service from us. If your home is on a high-rise building, you acknowledge that we will make our best effort to deliver to your apartment but are under no obligation to do so. For deliveries outside of the counties mentioned above, we will use the services of a third-party freight carrier company, which will deliver your furniture at the loading dock of your high-rise building or in your driveway if you live in a house. You are responsible for taking the furniture inside your home and/or assemble those items that cannot be sent assembled in long distance deliveries.
TIMING OF DELIVERY: For furniture in our warehouse, we will arrange a suitable delivery date and time with you at the moment of your purchase. For furniture not in our warehouse at the time of your purchase, we must order the furniture from the manufacturer involving a long process of manufacturing, shipping, customs clearance, and the like. This process can take from 8 to 12 weeks. You understand and agree that these special orders are not subject to cancellation and that we are not responsible for delays beyond the 12-week period. We will endeavor to keep you informed of the process, but once again, we cannot give you guarantees as to the exact timing of the delivery.
SAFETY: If we deliver and assemble the furniture for you, please be sure that all children and pets are kept clear of the working area.
ASSEMBLY BY YOU OR YOUR OWN AGENTS: We respectfully decline any claim for damages occurred by assembly by you or your agents. We offer assembly for a nominal fee, and we are experts at performing this service. If you decide not to purchase the assembly service, and during assembly you or your agents damage the furniture, the warranty will not apply and we will not accept your claim for repair or replacement.
DEFECTS: Claim for defects in the furniture or missing parts must be made within 5 business days of the delivery. Defective furniture shall not be used; otherwise, you may be waiving your right to repair or replace because we will not be able to ascertain whether the defect originally existed upon delivery or was created by you, in which case we may not accept your claim.
MINOR IMPERFECTIONS AND STAINS: Please be aware that minuscule imperfections not easily perceptible to the naked eye at a relatively normal distance may be present on certain materials and are not considered a defect or a factor that affect the whole quality-integrity of the finished product. Also, stains on certain fabrics, leathers, woods and other materials may not be easily removed or completely removed; therefore, you agree that you will not attempt to return the furniture if stained or misused by you. We are neither responsible nor obligated to take the furniture back unless it is in the same conditions it was delivered to you.
LEATHER AND WOOD VARIATIONS: Leather is a natural product and no two skins will ever be the same. Differences in tones and grains are normal, and there may be wrinkles, closed scars, stretch marks and veins, which cannot be considered defective as they are the result of the natural origin of this product. Likewise, when solid wood or veneer is used to make furniture, there may be small variations from one piece to another in terms of color, grains, and paint shading. This is considered normal as no two pieces of wood are the same. In fact, it is considered a signature on a natural product acquirement.
Please rest assure that we will make the best of our efforts to bring you an excellent service and a pleasant purchase experience since our final goal is to keep you as a recurring customer. Our satisfaction is a reflection of yours. We appreciate your business