Terms and Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law and are applicable for orders placed over the internet, phone, or fax. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of  DefyFurniture The collective work includes works that are licensed to DefyFurniture. Copyright 2014, DefyFurniture. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with DefyFurniture or purchasing DefyFurniture products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with DefyFurniture or to purchase DefyFurniture products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by DefyFurniture. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Free Shipping
Free Shipping refers to only the 48 contiguous states. For all other states and countries, the extra fees will be assessed upon delivery. Any additional taxes, brokerage fees and shipping costs associated with shipping to another country, outside of the USA, will be charged to the customer. Delivery charges to both USA and foreign countries displayed upon checkout are merely approximations. All customers acknowledge the estimated shipping and delivery time provided is merely an estimate. Custom orders (when changes are made to the size, color or shape of an item) can take longer than this estimated timeframe. DefyFurniture will make a good faith effort to expedite merchandise; however, delays may occur due to outside factors beyond DefyFurniture's control.


Damages
All products are fully inspected and in perfect condition before being shipped out. When the merchandise is received, we ask that you inspect the inside and outside of the cartons for any shipping damage. In the event there is noticeable damage (even if it is only slight) to the cartons, contents, or packaging, or you receive the incorrect product, please note it on the freight bill as "DAMAGED IN TRANSIT" and report the damage to us within 24 hours. This is VERY important. If you do not write this on the freight bill and contact us, we cannot guarantee that your delivery will be repaired, replaced, or otherwise remedied. If you return a damaged item without receiving authorization from us, the return will not be accepted and you will be responsible for the cost to reship the item. Failure to write "DAMAGED IN TRANSIT" will release DefyFurniture from all damage liabilities. DefyFurniture is only responsible for the damaged or missing item and not the other non-damaged, or non-missing pieces. If the merchandise is damaged, we will either replace, or repair the item at our discretion. We will likely first attempt to repair the merchandise and we will make the necessary arrangements to have the damaged pieces repaired. 

If your order is damaged, defective, or any other type of discrepancy, you must notate it at the time of delivery and email us a clear picture showing the damage within 24 hours of receiving your order. Please also retain the original packaging unless otherwise directed by our customer service department. 

If there is damage to your merchandise (and it was notated at the time of delivery), we retain the right to first make an attempt to repair the damaged item. If we are not able to successfully repair the item, we will likely replace the merchandise. 


Large items that are delivered by a heavy freight company should be accepted regardless of damage. Please note the damage on the freight receipt, and report it to us within 24 hours. Failure to note damage to the product or packaging prior to the delivery company leaving the premises will release DefyFurniture from all damage liabilities. Smaller items that ship via FedEx ground will be left at your door without a signature required. If you do require a signature, contact FedEx once you have received your tracking number. 

In cases when the listed shipping destination is an outside carrier that we did not subcontract (3rd party broker, ferrys, etc), we are only responsible for items until they arrive at the provided shipping address. We are not responsible for any damage that may occur from the mid-point shipping address to the final destination. 


Currency

DefyFurniture is not responsible for an increase or decrease in the customer's foreign currency against the US Dollar. If there is a refund issued, it will be in the same amount of US Dollars as when the order was placed. 


Phone Orders

If you place an order over the phone you are responsible to review the order and ensure accuracy within 24 hours of processing. We will not be responsible for phone orders received incorrectly. 


Cancellation Policy

If you choose to cancel your order more than 24 hours after it has been placed, you are eligible for a 100% refund in the form of store credit or a 75% check refund. All cancellations must be communicated to us via email and sent to info@DefyFurniture.com. If the cancellation request is received within 24 hours of purchase, a full refund will be issued. All Store Credits expire 1 year after issue - regardless of the reason it was issued.

Return & Refund Policy
There are no returns. All sales are final unless the item has arrived damaged. In that case, customer would be subject to the company's damage policy.


DefyFurniture retains the right to distribute refunds via Check. Settlement and refund checks are issued with the understanding that no other party has asserted, or will assert a claim or cause of action related to your settled shipment. Resolution of a case is finalized once the customer accepts and deposits our refund checks. Settlement and refund checks are an attempt to compromise on a disputed claim, and is not an admission of liability. Acceptance of our settlement or refund checks releases any and all salvage rights of the shipment in question and precludes the customer from issuing further claims against DefyFurniture it's parent, subsidiaries and affiliates. 

Re-Delivery/Re-Routed/Refused Shipments

Our freight carrier will contact you to arrange an appointment to deliver your order. If you are not home at this agreed upon delivery time or if you tell the carrier to come back at a later time (for any reason), you may be charged a $55 - $150 fee for re-delivery. The decision to schedule and attempt a re-delivery will be made solely at the carriers discretion. 

If you choose to re-route your shipment to be delivered to a different address, you will be responsible and charged for any and all re-routing fees charged by the carrier. 

If you refuse a shipment not due to damage or defect, you will be responsible for round trip shipping costs as well as a 20% re-stocking fee to send it back to our nearest facility and a $150 administrative fee. Further, you will be responsible for any applicable fees incurred by the freight company in warehousing and re-routing your order. 
 


Custom Items: Customized items may be subject to different conditions including separate return and damage policies. Please call us before you place your order if you'd like more details on a specific product's policies. 
Customizing an item includes: changing the color (differing from the stock picture online), size, piece count or the layout of an item. 


Items that Do Not Fit: In the event the furniture does not fit into the room or into your house, the delivery company will not return the merchandise without an authorization from DefyFurniture. 

Trademarks
All trademarks, service marks and trade names of DefyFurniture. used in the site are trademarks or registered trademarks of  DefyFurniture LLC

Warranty & Cancellation Disclaimer
By agreeing to these terms and conditions, you recognize that our estimated shipping times are purely estimates and we do not, in anyway, guarantee any delivery date. Orders that are canceled 24 hours after being placed will merit an 80% refund via store credit. 

Any manufacturer guarantee does not apply to product defects resulting from weather conditions (applicable for outdoor furniture). Customized orders (any change to the color, direction or configuration) can absolutely not be canceled for any reason 24 hours after being placed. If the customer is making a claim of defect, we will need to see clear documentation (ie- photo) showing the defect. Any guarantee begins at the time the order is placed. 

If there is a manufacturer defect, you MUST notate it at the time of delivery. If in fact there is a manufacturer defect, the defective item will be re-ordered from the manufacturer. We cannot guarantee the exact dimensions of our products. Due to the manufacturing process, it is possible that there can be slight differences in the quoted vs. actual dimensions. If a quality or color related issue is being filed within 30 days of receipt of merchandise, you agree to bear the freight costs of transit back to our nearest warehouse facility. If our inspectors confirm there is a quality related defect, or substantial color difference, we will re-place the defective or incorrect item at no charge. Products labeled as "fast ship" or "reduced pricing" are clearance/closeout items and are non-refundable and non-returnable. 

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, DefyFurniture. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. DefyFurniture does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. DefyFurniture does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. 


Colors/Shades/Inspections
When changing the color of your sofa or sectional, the color that you choose, unless otherwise stated, will be applied to the complete sofa or sectional (this includes all pillows). We do not guarantee color, tone, shades, or finishes on any item. For the best depiction of item color, set your screen so that other items in the picture seem to be in their natural color. If you are trying to match items with other items you already have, you must do so at your own risk. Please read our policies before making a purchase. Additionally, when purchasing items made with leather please be advised that color shades can vary from dye lot to dye lot. 

If you believe there is a color discrepancy, you MUST notate it at the time of delivery with the carrier. Failure to do so will release DefyFurniture of all liability. 

A manufacturer defect or color related issue can be filed within 14 days of receipt of merchandise, but you agree to bear the freight costs of transit back to our nearest warehouse facility. If our inspectors confirm there is a quality related, or color related defect, we will replace the affected item at no charge. 

Limitation of Liability
DefyFurniture shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if DefyFurniture has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no case shall DefyFurniture be held liable in case of later delivery than quoted. 


Typographical Errors
In the event that a DefyFurniture product is mistakenly listed at an incorrect price, or with an incorrect descriptor, DefyFurniture reserves the right to refuse or cancel any orders placed for product listed at the incorrect price or description. DefyFurniture reserves the right to refuse or cancel any such orders 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, DefyFurniture shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated or changed by DefyFurniture without notice. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
DefyFurniture may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to DefyFurniture 

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of  DefyFurniture products) shall be in the state or federal courts located in Minnesota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of  DefyFurniture products) must be commenced within one (1) year after the claim or cause of action arises. DefyFurniture failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.DefyFurniture may assign its rights and duties under this Agreement to any party at any time without notice to you. DefyFurniture reserves the right to use, preserve, publish and disseminate any communication from its customers, both oral and written, for internal and external purposes.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a DefyFurniture. or other licensed employee, host, or representative, as well as other visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
DefyFurniture does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, DefyFurniture is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, DefyFurniture reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to DefyFurniture in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless DefyFurniture, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

 

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