GALLERY FURNITURE TERMS AND CONDITIONS OF SALE
TERMS OF SERVICE:
It is our number one goal that all our customers have a very enjoyable and positive experience working with Gallery Furniture. Please read our terms and conditions carefully and contact us if you have any questions or concerns. We will be happy to discuss anything with you. All products we sell are new, undamaged, and never been used.
NEW MERCHANDISE GUARANTEE:
When you place an order with Gallery Furniture, we submit a special order to the manufacturer on your behalf. All items ship brand new, direct from the manufacturer.
Clearance Store items may be factory-direct, cancelled, or returned items. Closeout items are ordered direct from the factory and have limited supply. All sales are final for Clearance Store and for Closeout items.
We collect sales tax for orders within New York State. We do not collect sales taxes for residents that reside outside of New York State, however, you may be responsible for reporting your purchase directly to your State.
All orders must be paid in full upon receipt by our delivery company.
LIMITED WARRANTY FOR DAMAGE OR DEFECT:
Our furniture specialists are fully trained to offer any assistance to help you in the rare event that an item arrives damaged. We inspect orders prior to delivering them to our customers to make certain that items are in perfect condition. Additionally, our excellent packaging and shipping experience reduces the chances of damage occurring. However, we are in the furniture business and unfortunately damage can happen from time to time.
Gallery Furniture “Limited Warranty for Damage or Defect” guarantees that for in-home delivery service, we will restore or replace (at our expense and discretion) items that arrive with damage or manufacturer defect, as long as you follow these instructions:
1. Note the damage or defect on the delivery paperwork at delivery.
2. Refuse items with damage or defect at the time of delivery.
Please note, MyGalleryFurniture.com will not restore or replace damage or defect discovered after the delivery team leaves. Damage or defect found after delivery will not be attributed to the manufacturer or delivery company, and MyGalleryFurniture.com cannot restore or replace items found with damage or defect after the delivery at no charge to you.
******Gallery Furniture Is Not Responsible For Furniture Fitting Through Doorways*******
It is the customers responsibility to ensure the merchandise they have purchased will fit through the doors at the delivery location, and all the merchandise ordered will fit within the room(s) designated. Customer is responsible for all rigging expenses.
Gallery Furniture requires that you completely inspect the order at the time of delivery. Inspect the top, bottom, left, right, front, back, interior, exterior, and all moving parts, including, but not limited to drawers, doors, and reclining mechanisms. You are required, as well, to inspect the assembly provided by our delivery partner.
Gallery Furniture does not warrant or guarantee assembly and is not responsible for damage to goods, personal property, or persons due to improper assembly. Our delivery partner will assemble the furniture, and any improper assembly must be addressed at the time of the delivery. As the customer accepting delivery, it is your responsibility to ensure that your order is assembled properly and you agree that you are responsible for issues that arise from improper assembly.
If the order is shipped via “Standard” shipping and is left on your doorstep, retain all packaging and report the damage to both the carrier and Gallery Furniture. All damage must be reported within 24 hours of the delivery, or Gallery Furniture will not be responsible for remedy, restoration, or replacement. There are no exceptions to this rule.
If the order shows or develops a manufacturer defect after delivery and within the manufacturer’s warranty period, please contact Gallery Furniture for assistance. The shipping cost for replacements is the responsibility of the consumer. Neither the manufacturer nor Gallery Furniture is responsible for shipping costs associated with replacements for manufacturer defect.
Customer agrees to allow Gallery Furniture, the manufacturer, and/or our shipping agents the opportunity to remedy the damage or defect issue. Customer agrees to accept the remedy selected by Gallery Furniture, the manufacturer or the Gallery Furniture shipping agent. Remedies may include, but not limited to repair by a professional furniture repair technician, part replacements, both repair and part replacements, or a full unit replacement, all at no cost to the customer.
If a Clearance Store or Closeout item arrives with damage or manufacturer defect, please follow instructions for our “Limited Warranty for Damage or Defect”, as described above. All sales are final for Clearance Store and Closeout items.
Gallery Furniture will not be held responsible for any in home floors, walls or any other damages caused by our delivery agents.
“White Glove” shipping:
The majority of our orders will ship via "White Glove” shipping. Our delivery partner will call you to arrange a delivery time prior to routing your order. Typically, our delivery partner will provide a two-day delivery window. Within one or two business days of delivery, you will receive a call to confirm a four-hour delivery window.The “White Glove” delivery service includes in-home delivery, set-up, and debris removal.
Orders sent via “Standard” shipping will arrive by common carrier, such as UPS or FedEx. The order will be delivered to your doorstep, and may require your signature at the time of delivery.
Additional services and typical fees are provided below. If your order and/or delivery incurs additional fees, you agree to pay the fees directly to our delivery partner, unless the payment of fees is discussed prior to the scheduled delivery time.
|Additional Shipping Services||Typical Fee|
|Small Truck Rental (for deliveries inaccessible by Semi-Trailer)||$150.00|
|Additional flights of stairs||$15/piece per floor|
|Additional assembly||$15-$20/person per 15 min.|
|Storage fees (for orders held at customer’s request)||$20/box per month|
|Redelivery, if not present during scheduled delivery||25% of order total|
Deliveries may occur earlier or later than scheduled due to the nature of long-distance, and unforeseen events. Gallery Furniture is unable to offer compensation for deliveries that do not occur exactly as scheduled.
Gallery Furniture recommends some extra precautions to ensure a smooth delivery:
- Allow at least one hour buffer before and after the scheduled delivery time for unforeseen circumstances that would cause the delivery to occur earlier or later than scheduled
- Designate a friend or family member to serve as a “back-up” to accept and inspect the delivery on your behalf, and make sure they understand what to do if the order arrives with damage
- Clear all pathways to the room in which you would like the items to be delivered, and measure all doors and pathways to ensure your order fits into your home.
- Take pictures of items that arrive with damage or manufacturer defect, as digital images are often required by the manufacturer
- If our delivery partner confirms a delivery date, and you miss that confirmed date, you agree to pay the additional shipping fees for a second delivery, which can be from 20 – 70% of the purchase price.
LOW PRICE GUARANTEE:
Our “Low Price Guarantee” states that if you find the same merchandise for a lower price within 30 days of your purchase, Gallery Furniture will refund the difference between the two orders to you, as long as the order meets the following criteria:
- Order must be for the exact same item(s) and model number(s)
- Order must include the same delivery method and level of service
- Order must be from a Better Business Bureau accredited retailer
- Order must be brand new, factory-direct
- Order cannot be for a Clearance or Closeout item
- Orders submitted for our “Low Price Guarantee” must be verified via a written quote from the competing online retailer.
Gallery Furniture special orders all items from the manufacturer directly. Special orders are subject to a restocking fee, and in some cases, cannot be returned to the manufacturer. For this reason, Gallery Furniture developed the following cancellation policy.
|Cancellation Schedule||Cancellation Fee|
|Orders Cancelled within 24 hours of purchase||No Fee|
|Orders Cancelled after goods ship from the manufacturer||33% Restock fee|
Requests for Cancellation are not complete until confirmed by your Salesperson. All fees for Cancellation will be deducted from your refund.
If you receive an order with damage or defect, and you would like to cancel the order in lieu of restoration or replacement, Gallery Furniture will deem the cancelled order a return (see Return Policy below).
Customer satisfaction is our top priority. Returned items must be new and in unused condition. A few of our vendors may be excluded from our return policy.
Gallery Furniture will accept returns within 30 days of delivery, and we will issue a refund less our Round-trip shipping cost and/or restocking fee.
|Return Schedule||Return Fee|
|Orders loaded for delivery to your area||Round-trip Shipping Cost|
|Orders cancelled at delivery, in lieu of restoration/replacement||Round-trip Shipping Cost|
|Requests for return within 30 days of delivery||Round-trip Shipping Cost|
All fees for returns will be deducted from your order subtotal (we are unable to refund shipping charges). Upon receipt of the goods at our delivery warehouse, we will issue the refund for your return.
If you receive an order with damage or defect, and you would like to cancel the order in lieu of restoration or replacement, we will treat the cancelled order as a return.
While we can offer free shipping to our customers on most orders, the actual cost for Gallery Furniture can be from 20 – 70% of the purchase price. Therefore, we may be unable to issue a refund, or the refund could be very small, if you decide you want to return your order.
Item(s) do NOT qualify as Non-damaged or Non-defective Return if: a) YOU received delivery of an item(s) with a finish, color or texture that is different from what YOU seen at the Gallery Furniture website, any website other than Gallery Furniture, at a physical furniture store, or recommendations YOU received from a Gallery Furniture sales representative. Finishes and colors online may not accurately represent the true color or pattern. YOU accept liability for YOUR purchase. b) You or a Gallery Furniture representative on your behalf places an order through the Gallery Furniture website and the item(s) listed in the order confirmation are incorrect, YOU are responsible for (1) reviewing the email order confirmation details; (2) notifying Gallery Furniture within 24-hours if YOU did NOT receive the order confirmation email; (3) any errors, typos or inaccuracies in the order confirmation email so that Gallery Furniture may revise the order details to reflect what YOU want to order and where YOU want the order shipped to. c) Should customer refuse delivery because the purchased item(s) cannot fit into home or room(s) by the customer or delivery agents, then the customer is responsible for any/all return costs in accordance with our return policy.
FOR ALL ELIGIBLE RETURNS
- Item(s) must be unused and free from damage, pet hairs, soil, or stains.
- Item(s) must be returned in its original packaging or equivalent with a Return Authorization Number affixed to the outside of the package.
- If RA approved, we will arrange for a carrier pickup date and have the carrier contact customer directly to schedule a pick up date.
- Item(s) will not be picked up unless properly packaged by customer including patching any holes or re-securing corners, box top and bottom.
- If customer discards the original packaging, or it was removed from the premises by the Gallery Furniture delivery agent, it will be the customers responsibility to source the similar packing materials and re-packing the unit(s) the same way that it was delivered. The customer will be financially responsible for any item(s) damaged due to inadequate packing materials and/or packing, unless Gallery Furniture can document the returned item(s) were mishandled by the carrier on the return delivery including but not limited to holes and tears in the packaging. Gallery Furniture will provide you with photos of the packaging and re-calculate your refund less the costs to repair or replace the damaged item(s) if applicable.
Full Refunds May Not Be Issued If:
- The item(s) is determined by Gallery Furniture or the manufacturer to have been used, damaged by customer.
- If the item(s) was returned C.O.D.
- If the item(s) is not returned in its original packaging or equivalent.
- If the item(s) does not have a Return Authorization Number affixed to the outside of the package.
- If the item(s) are returned with damage and cause of damage is determined to be a result of shipper's mishandling.
All sales are final for Bedding; Custom Upholstery; Made-to-Order Casegoods, Outdoor Furniture, and Upholstery; Mattresses; Clearance and Closeout items. Final Sale items will not be accepted for return.
Returns requested for items in the home may take 4 – 6 weeks to process. This timeframe includes request time, scheduling of pick-up, and return to our delivery partner. Gallery Furniture will issue the refund once returned goods are received and inspected. If items are picked up with damage, we will adjust the refund amount to restore the goods to 100%.
Any dispute or claim relating in any way to your use of any GF products or services sold or distributed through MyGalleryFurniture.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Finishes and colors online may not accurately represent the true color or pattern. Customer accepts liability for their purchase. If customer received delivery of an item(s) with a finish, color or texture that varies from what you saw on the GF website, or any website other than GF, at a physical furniture store, or recommendations you received from a GF sales representative.
The customer is responsible for reviewing the order confirmation details sent to them, and notify GF within 24-hours if you did not receive the order confirmation email, and contacting us regarding any errors or inaccuracies so that GF may revise the order details to reflect the correct information.
Before ordering, always measure the space you plan on placing your new furniture in to make sure that it will fit. If purchased item(s) cannot fit into the home or room, and need to be returned, the order will be subject to GF’s cancellation policy.
Errors on Our Site: We try to be as accurate as possible. However, we do not warrant that product descriptions or another site content are accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change. Rarely an item listed as available on our site may not be available, or an item may be mispriced, despite our best efforts. For any of these reasons, we may cancel your order, or we may contact you for instructions on the order.
The Terms and Conditions herein only apply to online purchases. Purchase made in the store have a separate policy described on In Store Receipts.
A typical “White Glove” delivery will take 6 – 10 weeks to most areas. Custom and/or Made-to-Order furniture may take up to 16 weeks for delivery.
A typical “Standard” delivery will take 2 – 4 weeks to most areas.
Delivery timeframes may vary depending on availability and your location. All order confirmations will list the estimated delivery timeframe.
SITE POLICIES, MODIFICATION, AND SEVERABILITY:
Gallery Furniturereserves the right to make changes to our site, policies, Service Terms, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
RIGHT TO CANCEL:
Gallery Furniture reserves the right to cancel any order for any reason, and we will offer a full refund if we choose to cancel your order.
TERMS OF SALE:
By completing your order with Gallery Furniture, you agree that you have read and agree to the following policies and guarantees made by Gallery Furniture, including:
- New Merchandise Guarantee
- Payment Policy
- Limited Warranty for Damage or Defect
- Shipping Policy
- “White Glove” Delivery
- “Standard” Delivery
- Additional Services
- Lowest-Price Guarantee
- Cancellation Policy
- Return Policy
- Delivery Time frame
- Right to Cancel
You agree to pay for the complete order as long asGallery Furniture orders and ships the manufacturer(s) and model number(s) in the order confirmation. Gallery Furniture makes no other express or implied warranties, including implied warranties of merchantability or fitness. Gallery Furniture offers the “Limited Warranty for Damage or Defect” as our sole obligation and exclusive remedy. Gallery Furniture is not liable for any incidental or consequential damage.
You agree to waive all rights to a trial. All disputes shall be settled by arbitration, pursuant to the Federal Arbitration Act, by a certified arbitrator in a location near your residence. The foregoing agreements regarding arbitration do not apply to disputes concerning the “Limited Warranty for Damage or Defect”.
You agree to pay $1,000 (one thousand dollars), up to the maximum dollar amount available by law, if you file a complaint with any agency, website, organization, or credit card company, and the complaint is proven to be untrue by a certified arbitrator from your local area. In addition to this amount, you agree to pay Gallery Furniture legal fees, the price of goods, and storage fees.
You agree to pay all reasonable legal fees and storage fees associated with your merchandise until we receive payment, if you disrupt payment for any reason. Gallery Furniture cannot deliver, remedy, restore, or replace goods until the dispute is resolved. If Gallery Furniture challenges the disruption of payment and the dispute is reversed in Gallery Furniture favor, you agree to pay Gallery Furniture $500 (five hundred dollars), legal fees, the price of goods, and storage fees.
You agree to pay $3,000 (three thousand dollars) in addition to legal fees, storage fees, and the full price of the goods, if Gallery Furniture is required to hire a collections agency for payment of damages or disputes as noted above.
Thank you for choosing Gallery Furniture. Although deliveries of quality furniture present challenges, only a small percentage (7 – 10%) of orders experience defect, damage, and/or delays. We expect you will have a great experience ordering from Gallery Furniture due to the policies and practices we have developed to resolve defect, damage, and/or delays.
We appreciate your business, and hope to serve you again soon.