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TERMS AND CONDITIONS
Thank you for shopping at Haynes! We greatly appreciate the opportunity to help furnish your home, and we hope you will enjoy your purchase for years to come. Haynes’s promise is to offer famous brand name furniture, bedding, and floor coverings at prices that are discounted 30-70% off of what others charge. In order to keep that promise, the following terms and conditions apply to your purchase.
For your convenience, the following contact emails and phone numbers are provided:
ALL SALES FINAL: In order for Haynes to be able to buy overstocks, one-of-a-kinds, factory sell outs, showroom models, and design prototypes at discounted prices and pass the savings on to its customers, all sales (except bedding sales) are FINAL.
EXCLUSION AND/OR DISCLAIMER OF WARRANTIES: In keeping with Haynes's promise stated above, Haynes did not provide any skill or judgment to furnish or help you select merchandise to suit any particular purpose. Any samples or models used to assist you in selecting the merchandise you are purchasing serve only to indicate the type of merchandise that will be delivered to you or tendered to you for pickup. We will deliver to you the make and model of the merchandise you selected, but please understand that the merchandise that will be delivered or tendered to you may not conform in every respect to the floor samples or models. For example, numerous customers may have sat on the floor model of the chair you selected, so the seat cushion of the chair delivered to you may feel firmer than the floor model. Accordingly, the floor samples or models create no warranty that the merchandise that will be delivered or tendered to you will conform to the floor samples or models. No defect in, or unfitness of, the merchandise delivered to you or tendered to you for pickup shall relieve you of your obligations under this agreement. Haynes has not made, and does not make, any warranties, express or implied, directly or indirectly, including, without limitation, warranties of merchantability or fitness for any particular purpose, and/or warranties relating to the design or condition of the merchandise or of the quality of the material or workmanship of the merchandise. THE MERCHANDISE YOU ARE PURCHASING IS SOLD BY HAYNES, AND IS PURCHASED BY YOU, "AS IS" AND "WITH ALL FAULTS."
Haynes makes available for purchase a Five Year Protection Plan (the "Protection Plan") on most of the merchandise it sells.
Protection Plan Purchase: The Protection Plan, which excludes coverage for bedding and any furniture used in rental homes or commercial settings, is offered and explained at time of purchase. The GBS protection plan terms and conditions that detail coverage under the plan, are provided by the store. You understand that Haynes is not a party to the Protection Plan agreement and has no obligations to me under the Protection Plan even though: (i) I may be required to obtain service under the Protection Plan solely through Haynes for up to one year from the date of my merchandise purchase, and (ii) Haynes may assist GBS in ordering parts and/or a replacement item as indicated in the Terms & Conditions.
In the event a Protection Plan claim needs to be filed, the following contact numbers are applicable:
To file a Plan claim: for defects within One Year of Date of Purchase: Please call Haynes Customer Service at 1-800-768-0348.
For accidental damage within the first year, or defects After One Year of Date of Purchase: Please call GBS Enterprises at 1-888-585-9488.
Protection Plan Decline: The Protection Plan, which excludes coverage for bedding, may be offered and explained at time of purchase, and you may DECLINE TO PURCHASE the Protection Plan. Please understand that no returns or exchanges are allowed, as described below.
DELIVERY: Haynes is pleased to make delivery services available to its customers. To keep our costs low, we offer delivery through third-party delivery companies. Customers are not obligated to use the delivery services provided by Haynes and may secure delivery via another company (deliveries that customers arrange through such other companies will be treated as a customer pickup). Please have your room ready for your delivery as the delivery service providers do not dismantle furniture, move or handle your other furnishings or electroncis, and they are not permitted to affix anything to your walls. Refused deliveries (including, but not limited to, no-fits, customer not-at-home and on-the-road-cancellations) shall be subject to a restocking fee of 15% of the purchase price. Redelivery shall also be subject to an additional redelivery charge. No refunds are allowed for no-fits, customer-not-at-home, and on-the-road-cancellations. Delivery fees are not refundable.
WILL IT FIT?: It is your responsibility to ensure that all the items you are purchasing will fit in the intended areas of your home. If your home has narrow doorways, staircase turns, or low ceilings, you should measure these locations to ensure proper fit. The items you are purchasing must fit in the normal pathways of your home as Haynes’s delivery service providers cannot hoist the items to an upper floor, nor can they make a delivery above the third floor without a freight elevator. Haynes and/or its delivery service providers do not dismantle furniture. It is important that your room is empty and the space is available to receive your new furnishings. Haynes's delivery service providers are not permitted to move or handle your other furnishings or electronics, and they are not permitted to affix anything to your walls. If your furniture is unable to be fitted in the desired location, you will be subject to a restocking fee of 15% as stated in our DELIVERY paragraph above.
It is your responsibility to inspect your items for any delivery damages or manufacturing defects, and damage must be reported to the delivery driver before the delivery truck leaves your premises by contacting a Haynes representative. Haynes carefully inspects merchandise for manufacturing defects before releasing it to its customers, and works diligently to ensure deliveries take place without damage. In the rare instances where manufacturing defects or delivery damages occur, Haynes's obligation is dependent upon the type of merchandise involved, as follows:
In the event you designate someone other than yourself to pick up or receive your merchandise, it is the responsibility of your designee to inspect and report any defects or damages. Failure of your designee to do so will result in your waiver of any claim against Haynes for a manufacturing defect or delivery damage.
In the event you properly and timely report to Haynes (i) a manufacturing defect, or (ii) delivery damage for which Haynes is responsible, you will have the following options:
You agree that neither Haynes nor its representatives will be liable for any delays in delivery of merchandise to you.
In the unlikely event that damage occurs to your property, home, or business during the course of a delivery, such damage must be reported to the delivery driver at the time of delivery and be noted on the delivery manifest. No claims shall be allowed after the delivery truck has left your premises.
Any exchange or return must be accompanied by a Returned Merchandise Authorization issued by Haynes Customer Service. Merchandise that is not in substantially the same condition as when purchased may not be exchanged or returned. Except as hereinafter provided, you are responsible for all costs related to returns and exchanges, including, but not limited to, delivery fees. The following exceptions also apply:
CUSTOMER PICKUP: You are solely responsible for the safe loading and transportation of your merchandise, including, but not limited to, providing your own blankets, furniture pads, rope, straps and related supplies. For insurance purposes, Haynes cannot assist you in: (i) loading mattresses and/or box springs onto any open air vehicles (such as pickup trucks) or uncovered trailers; (ii) loading any merchandise when, in Haynes’s sole discretion and judgement, the result would be an unsafe condition; (iii) securing your load, including, but not limited to, providing rope, straps or other supplies. Most merchandise will be provided to you in the factory carton and will require your assembly. To ensure merchandise availability, please schedule the pickup of your merchandise with your sales associate and make the necessary arrangements to complete the pickup on that date. If merchandise is not picked up within 5 days of the scheduled pickup date, the merchandise will be returned to our warehouse and a restocking fee of 15% of the purchase price will be charged to you. Manufacturing defects and damage must be reported to a Haynes representative at the time of pick up.
REFUND POLICY: Refunds, where applicable, are processed in accordance with the following:
CANCELLATIONS AND/OR RESCHEDULED DELIVERIES: Orders that are cancelled or are rescheduled for delivery within 48 hours of scheduled pick up or delivery shall be subject to a restocking fee of 15% of the purchase price.
COLLECTION COSTS (INCLUDING ATTORNEY FEES): In the event there is an unpaid balance due Haynes or any of its affiliates or you otherwise breach your agreement with Haynes or any of its affiliates, you agree to reimburse Haynes for its costs of collection, including attorney’s fees, in an amount equal to the greater of 33 1/3% of all amounts owed or Haynes’s actual attorney’s fees and costs.
DISPUTE RESOLUTION: Any controversy, claim or dispute relating in any way to this purchase, directly or indirectly, shall be brought in state court in the jurisdiction in which you made the purchase, and you agree to the exclusive jurisdiction of the state courts of the jurisdiction in which you made the purchase. Your agreement with Haynes concerning or relating to this purchase shall be governed by, and construed in accordance with, the laws of the state in which you made the purchase, without regard to principles of conflicts of law thereof. You agree that any claim for loss or damage that you bring against Haynes in connection with this purchase must be instituted in state court in the jurisdiction in which you made the purchase within one (1) year of the date you incurred the alleged loss or damage, regardless of whether you were then aware of the alleged loss or damage. You agree to waive any right to a trial by jury in any action relating in any way to this purchase, directly or indirectly, and you agree that this waiver of any right to a trial by jury shall not be waivable by you or Haynes. If you bring an action against Haynes for any controversy, claim or dispute relating in any way to this purchase, directly or indirectly, and Haynes prevails at any pre-trial dispositive motion, at trial, or at any subsequent appeal and/or retrial, you agree to reimburse Haynes for the reasonable attorney’s fees and costs Haynes incurs in defending itself in the action.
LIMITATION OF REMEDIES: Notwithstanding any other provision in this agreement, you --waive any right to recover from Haynes or any of its affiliates, whether in contract, tort, equity, or otherwise, any indirect, incidental, consequential, special, punitive, or exemplary damages, including, without limitation, damages for loss of use, loss of time, and/or loss of profits or income (even if such damages are foreseeable, and whether or not you have been advised of the possibility of such damages), arising from or relating to this agreement or to the selection, quality, condition, merchantability, suitability, fitness, operation, or performance of the goods you are purchasing. You expressly waive any right to collect damages in excess of the sales ticket and/or the cost to repair property damage (but only if reported prior to Haynes Customer Service before the delivery truck leaves your premises). ALL REMEDIES ARE EXCLUDED OTHER THAN REPAIR OR REPLACEMENT OF MERCHANDISE DUE TO MANUFACTURING DEFECTS OR DELIVERY DAMAGE AT THE TIME OF DELIVERY/PICKUP AS DESCRIBED IN THE DAY OF DELIVERY ISSUES SECTION ABOVE.
ENTIRE AGREEMENT: These Terms and Conditions, the terms and conditions you receive in store, and the sales invoice contain the entire agreement and understanding of the parties concerning this transaction for your merchandise purchase. These Terms and Conditions may not be modified, canceled, rescinded, or revoked, in whole or in part, except in writing and, in the case of Haynes, signed by an officer of Haynes. If any part hereof is determined to be invalid by a court of competent jurisdiction, the remaining Terms and Conditions will remain in full force and effect. No waivers or statements made by representatives of Haynes will be binding unless set forth in writing.