Basista Furniture - Terms - America's Furniture Superstore

TERMS AND CONDITIONS AGREEMENT

By using the Basista Furniture (www.Basista.com) web site ("Web site"), and/or by purchasing products by phone, electronic, verbal, written or other form of order confirmation, you the customer ("Customer") agrees to become bound by the terms and conditions of this agreement ("Agreement"), and this Agreement shall govern and control your use of this Web site and any and all current or future orders and/or purchases ("Order") you may make by phone, through or because of this Web site. If these terms and conditions are considered an offer by Basista Furniture ("Basista"), acceptance is expressly conditioned upon your assent to all of the terms and conditions of this Agreement without modification, to the exclusion of all other terms. In order for Basista to sell furniture at these low prices, the Customer hereby accepts and agrees to be bound by the following terms:

1. Accuracy

While Basista uses reasonable efforts to include accurate and up-to-date information in its Web site, Basista makes no warranties or representations as to the accuracy of the information. Basista assumes no liability or responsibility for any errors or omissions in the content of the Web site. In the event a product is quoted by a Basista associate at an incorrect price, or due to a typographical error in pricing, Basista shall have the right to refuse or cancel any Order placed by phone or through the Web site. Basista shall have the right to refuse or cancel any such Order whether or not the Order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Order is subsequently canceled by us, Basista shall issue a credit to your credit card in the full amount of your deposit.

2. Products
All products are subject to availability. Due to the character of various products, all dimensions are approximate. Actual leather and fabric sample colors may not match your monitor. Actual wood stain colors may not match your monitor. Products, information, availability, prices, and/or specifications are subject to change without notice. All prices are in U.S. Dollars.

3. Order Acceptance
Upon your verbal authorization for us to charge your credit card, check by phone, or other forms of a down payment, this constitutes the immediate acceptance of this Order by the Customer, and Customer hereinafter agrees to be bound by all terms and conditions of this Agreement, and the Order cannot be canceled by the Customer, except as noted in Article 7 herein. Basista will email or fax you a copy of your Order receipt within 24 hours of your purchase. Please check your order carefully. If we do not hear from you within 24 hours, your order will be deemed correct and will be ordered as written. Basista reserves the right at any time to accept or decline your Order due to inaccurate pricing, non-availability of products from the manufacturer, or for any other reason. Basista reserves the right to verify any information you provide prior to accepting an Order. A credit card, check by phone, or other form of payment for the Customer's deposit and subsequent payment in full for their Order, cannot be stopped or credited back to the Customer without the written consent of Basista.

4. Shipping, Handling, and Delivery for Continental USA and Canada
All products will be shipped by a reputable delivery company. Insurance is included in all shipping. We ship to the 48 contiguous states in the USA, known as the Continental USA. We can ship to Alaska or Hawaii in certain situations. We do not ship to Canada. The only way you can buy from us if you live in Canada, is that you can pickup from our warehouse in Cleveland, Ohio, or we can ship to any moving & storage company in the USA. The Canadian Customer would be responsible for all duties and taxes. Your furniture will be inspected at time of delivery for any damage. Basista reserves the right to delay delivery of backorder damaged or defective merchandise. This delivery must be accepted by you within 30 days of the receipt of your Order by our delivery company. You will be contacted by someone from the delivery company to set up a delivery date. The Customer agrees to pay an additional daily storage fee of $10 per day on any Order held over 30 days after receipt by our delivery company. The Customer agrees to pay and additional fee if the delivery company attempts to delivery your Order and the Customer is not home at the time of delivery. The delivery drivers are trained to repair and touch up furniture, so they can usually take care of any minor nicks or scratches. Please allow them to do repairs and touch ups in your home. When you receive your Order, inspect your furniture for damage. If anything is damaged, it must be noted on the delivery slip while the driver is there. Please keep any and all acceptable furniture upon delivery. You may only return anything that is broken. In the unusual cases where something is returned, it will be either repaired or replaced at the sole discretion of Basista. Basista is not responsible for delays in replacement or service parts. These items come direct from the manufacturer and Basista has no control in how long they will take to arrive. Items that have minor nicks and surface scratches cannot be returned because they can usually be touched up in the Customer's home. Basista is relieved of all liabilities and warranties once the furniture is accepted by the Customer. Due to the substantial discounts offered by Basista, minor door and drawer alignments as well as minor touch-ups are the Customer's responsibility. We highly recommend you purchase a Guardsman Five (5) Year Protection Warranty Plan from us to protect your new furniture. The delivery company inspects the furniture prior to shipment to your home. Items that have distressing or knot holes cannot be returned. This is the natural characteristic of wood and the way most manufacturers finish their products. Wood products do vary in grain. The Customer may not refuse or return any products due to such variation in grain or color. Basista does not guarantee, nor does the manufacturer guarantee that the grain and/or coloring will be consistent on any item or group of items. Any leather furniture with scuff marks, healed scars, or barbs may not be returned. This is the natural characteristic of leather. By signing the delivery slip free and clear and not noting any damage, any damage reported later is your responsibility and not that of Basista and/or the delivery company.

You may purchase a Guardsman 5 Year Protection Warranty Plan from us to protect your new furniture. We highly recommend it!

Basista will provide one delivery per Order. Due to delays from the manufacturer, or if the manufacturer has shipped only a partial amount of the products on the Order, and if the Customer requests a partial delivery due to this event, an additional $175 delivery fee will be charged to the Customer. However, the Customer may choose to wait until the entire Order is received by the delivery company and there will be no additional charge. Any promises made about delivery time are an estimate, not guaranteed. Basista cannot be held responsible for any delays in delivery of your furniture for any reason. Shipping times will vary per manufacturer. Allow a minimum of 4 to 8 weeks for delivery, depending upon the availability from the manufacturer. Please be aware that the delivery company will leave the cardboard and packaging materials at your home in an area you designate. We work hard to make your shopping experience a pleasant one, and we want you to enjoy your new furniture for many years to come. We also want you to tell all your friends about us!

5. Sales Taxes
Ohio sales tax will be added to all items delivered to addresses in the state of Ohio. Sales tax will not be collected for Orders delivered to other states. Customers must take responsibility for complying with the applicable laws in the state they live in regarding the payment of any sales and/or use tax on goods ordered for delivery to any state other than Ohio.

6. Payment
A 50% deposit of the purchase price is required at the time of purchase. Your Order will not be processed until we receive your deposit. The remaining balance is due at the time your furniture is shipped from the manufacturer to the delivery company. Your Order will not be released for delivery until your Order is paid in full.

7. Cancellations & Return Policy
This Agreement between you and Basista concerning the purchased products may not be revoked or canceled by you. All sales are final with no refunds. Basista may, in its sole discretion, permit you to cancel your Order, provided it has not already been shipped from the manufacturer to the delivery company, and upon payment of ten percent (10%) of the purchase price of your Order as a cancellation processing fee. In the event the purchased products have already been shipped by the manufacturer to the delivery company, Basista may, in its sole discretion, permit you to cancel your Order, upon payment of forty percent (40%) of the purchase price of the products as a cancellation fee, plus any shipping charges to the delivery company. In the highly unlikely event you would want to return your purchased products at any time within ten (10) days after you receive it, Basista may, in its sole discretion, permit you to return your Order upon payment of forty percent (40%) of the purchase price of the products as a return fee, and in addition to this fee the Customer will be responsible to pay all shipping and handling charges to and from their home. Customers must get a return authorization number (RA#) before returning any items. All items must be returned to us without damage of any kind.

8. Customer Responsibilities
It is the Customer's responsibility to provide Basista with all accurate model numbers, finishes, and fabrics for their respective Order. It is the Customer's responsibility to check their Order receipt for complete accuracy within one day after they receive it by email, fax, mail or UPS, whichever shall first occur. You must notify us immediately if any model numbers or items are not correct. If we do not hear from you within this one day time period, all items will be shipped as ordered, and cannot be changed, exchanged or canceled Basista is not responsible for any inaccurate items or model numbers ordered by the Customer. The Customer acknowledges that they have seen or inspected the type, manufacturer, quality of manufacturer, and style of furniture they are purchasing from Basista at their local stores or elsewhere. Basista does not guarantee or warranty the type, quality, color or style of the furniture the Customer chooses. Basista is not aware of the accuracy and level of the Customer's floors in their home, so consequently it is the Customer's responsibilities to level all products from their Order once they receive them, including cabinets, dressers, armoires, wall units, etc., that may create uneven doors or other items that may be out of align due to improper leveling. Basista is not aware of the size of Customer's home or doorways; consequently, it is the Customer's responsibility to make sure items will fit in their home at time of purchase. The Customer is responsible to note the size and dimensions of the furniture to insure that it will fit, not only in the designated room, but also will go through hallways, air locks, doorways, stairwells, etc. If the delivery to the designated room involves potential damage to your home or to the furniture, due to the weight or size of the furniture, the delivery will be made to another area in the home as designated by the Customer. If furniture is left in an area at a Customer's home because of this situation, it will be the Customer's cost and responsibility to hire a professional moving company, or a furniture repairman to disassemble the furniture to affect the delivery. On any warranty or repair requests, the Customer must e-mail or mail pictures to Basista clearly showing the nature of the defect. The Customer is responsible for any cartons or packaging left at their home. We furnish two drivers on our delivery equipment. If your furniture has an individual piece weight of 300 pounds or more, we require the Customer to have two additional people there to help safely affect the delivery.

9. Content, Copyright, Trademark, and Applicable Law
All content included and/or used on this Web site, such as text, graphics, photographs, logos, buttons, icons, images, and software is the property of Basista or its content suppliers, and is copyrighted unless otherwise noted, and is protected by US and international copyright laws. Basista makes no representations or warranties of any kind, expressed or implied, as to the operation of this Web site or the information, content or materials thereof. The use and browsing on this Web site are at your sole risk. Basista assumes no responsibility, and will not be liable for any damages to your computer for any reason on account of your access, browsing, or downloading from our Web site. This Web site is created and controlled by Basista in the state of Ohio, USA. As such, the laws of the state of Ohio will govern these disclaimers, terms and conditions without giving effect to any principles of conflict of laws, and the venue of any action shall only be in Cuyahoga County, Ohio, USA. Basista reserves the right to make changes to its Web site and these disclaimers, terms and conditions at any time. The Customer is bound by any such revisions and should therefore periodically visit this Web site to review the then-current terms and conditions to which the Customer is bound.