Online Purchase Terms & Conditions
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. The only warranties and guarantees provided by Ethan Allen (Canada) Inc. (Ethan Allen) with respect to any merchandise purchased by the customer are statutory warranties: those conditions, warranties and/or guarantees expressly set out herein. Ethan Allen is not responsible for: (a) fabric or leather shrinkage, deterioration, or staining due to any cleaning process or coating application; (b) durability or fading for any reason, including sunlight exposure; or (c) dye variations between sample swatches and completed merchandise. Ethan Allen disclaims all conditions, warranties, and guarantees that are not expressly set forth herein and any implied conditions, warranties, and/or guarantees under applicable legislation to the extent permitted by law.
2. RETURNS AND ORDER CANCELLATIONS
- ORDER CANCELLATIONS WITHIN 72 HOURS
This order may be cancelled, without charge, within 72 hours of the time the order is placed.
- FINAL SALES
Sales of custom-made merchandise (includes upholstered merchandise, bed coverings, window coverings, pillows, and other merchandise made of fabric); custom-finished wood furniture; table pads; broadloom; made-to-order area rugs; mattresses, box springs, special order parts, direct-wire lighting (includes chandeliers); and any merchandise sold on an "As Is” basis are considered Final Sale merchandise. IF THE CUSTOMER PURPORTS TO CANCEL AN ORDER FOR FINAL SALE MERCHANDISE AFTER 72 HOURS FOLLOWING THE TIME THE ORDER IS PLACED OR DOES NOT PICK UP OR ACCEPT DELIVERY OF THE FINAL SALE MERCHANDISE, THE CUSTOMER SHALL FORFEIT ANY DEPOSIT PAID TO ETHAN ALLEN. Final Sale merchandise will not be accepted for return, credit, or exchange. "As Is" merchandise is sold with no warranty or service of any kind and is not eligible for the Furniture Protection Plan.
- RETURNS & CANCELLATIONS AFTER 72 HOURS
The following shall apply with respect to all orders that are not Final Sale merchandise:
- The order may be cancelled after 72 hours of the time the order is placed but will be subject to a cancellation fee due and payable by the customer equal to 15% of the selling price of the merchandise cancelled; or
- Merchandise delivered to or picked up by the customer may be returned for a refund, credit, or exchange for up to 72 hours following delivery or pick up, subject to a return handling charge due and payable by the customer equal to 15% of the purchase price of the merchandise returned or exchanged plus a Premier In-Home Delivery pick-up charge equal to the original Premier In-Home Delivery charge. All returns, whether for refund, exchange, or credit, require that proof of purchase be presented and that the merchandise be in the same condition as it was at the time originally received by the customer.
- RETURN PROCEDURE: AREA RUG AND FINISH SWATCHES
- Rug swatches are $35 each. Wood swatches are $25 each. A merchandise credit (excluding shipping) will be issued if swatch is returned within 30 days of receiving it. A return shipping label will be included with your swatch order. Just put the swatch back in the original box, tape it up, and affix the return label directly over the original label. If you have misplaced the return label, please address your return shipment to: Atoka Distribution Center, 398 Venita Allen Road, PO Box 780, Atoka, OK 74525. Return shipping fees are your responsibility, and are not refundable.
- Swatch(es) will be inspected upon return. A credit will be issued to the original credit card account within 15 days after we receive the item at our Atoka Distribution Center. Refunds generally appear on your credit card statement in one to two billing periods.
- Estimated delivery date is only an estimate of the approximate date the order is expected to arrive and is subject to change.
- Customer must pick up or accept delivery of all merchandise within 30 days of notice to the customer of availability of merchandise for pick up or delivery. Customer shall provide a minimum of 24 hours notice to Ethan Allen for customer to pick up merchandise at the Design Center or warehouse facility.
- Delivery is subject to reasonable and safe access. Customer is to advise of any special delivery requirements. Hoisting and any other extraordinary measures necessary to accomplish delivery are customer’s responsibility and are at customer's risk, the cost to be paid by customer at or before the time of delivery.
- Customer shall pay for the balance of any order, in full, on the earlier of: (i) immediately prior to the time scheduled for delivery or pick up of the merchandise; or (ii) the 30th day following notification by Ethan Allen to the customer that the merchandise is available for delivery or pick up by customer. Payment is accepted by cash or credit card.
- Customer authorizes Ethan Allen to charge any balance due to the credit card listed on the front side of this order form or any prior charge account provided by customer absent notification from customer to the contrary, prior to delivery. COD orders are not accepted.
4. ADDITIONAL CHARGES
- The sales tax amount on the front of this form is an estimate. Actual sales tax is determined at the time of delivery and charged at the then-applicable rate to the delivery location or as otherwise prescribed by applicable excise and sales tax laws or regulations and are customer’s responsibility.
- A $25.00 fee will be charged for any cheque returned for non-sufficient funds or stop payment.
- A redelivery fee of $100.00 will be charged if customer is unable to or does not accept a scheduled delivery and a second delivery trip is required, or if a scheduled delivery is cancelled less than 24 hours prior to the scheduled time for the delivery.
- Customer shall be responsible to arrange for storage or shall be charged a storage charge of 2% per month ($25 minimum) of the selling price of the merchandise for all merchandise not delivered or picked up within 30 days of notification from Ethan Allen of availability of merchandise for pick up or delivery. If customer fails to pick up or accept delivery as required herein, Ethan Allen shall at its sole option; (i) apply customer's deposit first, toward any storage charges; second, toward the selling price of the merchandise, and take all legal measures for recovery of the balance of the selling price from customer; or (ii) where customer has not accepted delivery or picked up the merchandise for 90 days after notice of availability of merchandise for delivery, terminate this contract, and in addition to any other remedies available, retain the deposit as liquidated damages for breach of this contract by customer and/or charge customer’s account for the balance then due.
5. OTHER TERMS AND CONDITIONS
- All clerical errors contained in this invoice/purchase order are subject to correction.
- All returns or cancellations for purchases paid by cash or cheque (subject to collection) will be refunded by company cheque and require up to 4 weeks for processing. There will be no cash refunds.
- Ethan Allen reserves, and customer hereby grants and conveys to Ethan Allen, a purchase money security interest in all merchandise delivered to or received by the customer until full payment for the merchandise has been received by Ethan Allen. During such period, Ethan Allen shall be entitled to all rights and remedies of a secured party, and customer shall have all of the obligations and liabilities of a debtor, as set forth in the personal property security legislation and any other applicable laws of the jurisdiction whose laws govern this contract. Ethan Allen is entitled to immediate possession of said merchandise upon default of payment.
- Interest shall accrue on any invoices that remain unpaid 30 days after the date of invoice at the lesser of (i) 18% per annum (or 1.5% per month); or (ii) the maximum allowable rate under applicable law.
- Rejection Of Additional Or Inconsistent Terms: Any additional or inconsistent terms contained in a purchase order or other document are specifically rejected. These Terms and Conditions take precedence over customer’s additional or different terms and conditions to which notice of objection is hereby given. Neither customer’s commencement of performance nor delivery shall be deemed or constituted as acceptance of customer’s additional and/or different terms and conditions. Customer’s execution of this order shall constitute acceptance of the Terms and Conditions contained herein.
- Limitation Of Liability: THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Ethan Allen’s maximum liability to customer shall be limited to the amount that customer paid to Ethan Allen for the merchandise received. IN NO EVENT WILL ETHAN ALLEN OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES AS RESULT OF ETHAN ALLEN’S NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS OBLIGATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 7. Force Majeure: If by reason of act of God or force majeure such as fire, war, earthquake, strike, lock-out, labor controversy, civil unrest, acts of any government or its agencies or officers, or any order, regulation, or ruling thereof, Ethan Allen is prevented from making delivery of any order, Ethan Allen shall have the right to extend the delivery time for a reasonable period and/or cancel the order at its sole discretion.
- Partial Invalidity: If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.