Online Sales Terms and Conditions
REVISION DATE: January 27, 2023
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; (C) HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION THAT YOU REPRESENT, IF ANY, TO THESE TERMS AND CONDITIONS; AND (D) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
1. Applicability of Terms and Conditions.
These terms and conditions (these "Terms") shall apply to your purchase of products and related services through https://www.blockersfurniture.com/ (the "Site"). These Terms are subject to change at any time without prior written notice by Blocker's Furniture & Carpets Incorporated (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
2. Online Orders.
When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
3. Payment Terms.
All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit or debit card. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Check Policy.
Merchandise paid with a check requires a 10 day waiting period before a refund check will be issued. Any returned check must be paid for in cash or certified check. The maximum amount allowed by law for return check fee will be added to the unpaid balance.
4. Shipping Information.
It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
5. Delivery.
Our delivery service is in predesignated areas only and may not apply to all items. Deliveries are made Monday through Saturday. WE CANNOT GUARANTEE DELIVERY TIMES. HOWEVER, YOU WILL BE CALLED THE EVENING PRIOR TO DELIVERY DATE AND GIVEN AN APPROXIMATE TWO HOUR WINDOW OF DELIVERY BASED ON THE NUMBER OF STOPS AND ITEMS ALLOTTED TO A PARTICULAR TRUCK. THESE WINDOWS CANNOT BE CHANGED ONCE SET. IF CHANGED BY CUSTOMER, IT MAY DELAY DELIVERY TO ANOTHER DAY. Final Clearance items must be paid in full on the date of purchase and must be scheduled for delivery or picked up within 10 days. We will store furniture that has been paid in full for three months from the date of purchase at no additional charge. Any order stored over 30 days is not subject to cancellation. Should merchandise stored over 30 days not be accepted for delivery, there will be a cancellation or restock fee of 50% of the total order. This will include sales on special orders, custom orders, stock merchandise, and floor samples. In the event that item is advertised at a lower price the customer will be entitled to the lower price, but storage privileges then cease and the customer must have the item delivered the next available deliver date or picked up immediately. E.T.A. means estimated time of arrival to our warehouse. This timetable is based on information given to us by the manufacturer. It is only an estimate and is not a guaranteed delivery date to Blocker’s Furniture. As this is not under our control, no cancellations or discounts can be accommodated for failure to meet the E.T.A. Your delivery can be scheduled after the furniture has arrived at our warehouse and is paid in full.
6. Pick-Ups:
Our Warehouse is located at 1410 S.W. 12th Ave. Ocala, FL 34471. Warehouse Pick-up hours are Monday through Saturday, 9:00 a.m. to 4:00 p.m.. Call ahead at least one hour prior to pick-up. Warehouse is closed on Sundays and Holidays. Our store is located at 2402 SW College Rd Ocala, FL 34471, Tel: 352-732-4296. Store pick-up hours are Monday through Saturday, 10:00 a.m. to 5:00 p.m. Please bring help to load store pickups. ALL PICK-UP ITEMS MUST BE INSPECTED BY CUSTOMER. CUSTOMER ASSUMES RESPONSIBILITY FOR CONDITION OF PRODUCT AFTER IT IS LOADED. HOURS MAY VARY DUE TO SPECIAL EVENTS OR HOLIDAYS.
7. Storage Fees.
If furniture remains unpaid in full for 10 days or is stored for more than 3 months, a monthly storage fee will be charged based on 10% of the price the customer paid for the items, due on the first day of the following month and the first day of each subsequent month. This fee will be deducted from the down payment/deposit. It is a non-refundable fee.
8. Returns.
Blocker’s return policy requires that items must be in like new condition. Blocker’s reserves the right to inspect condition of any or all items before any return or credit is approved. Cleaning fees and/or prorated credit may apply. Blocker’s will refuse any return that has damage due to misuse, abuse, accidental damage, animal use/damage, including animal hair/dander, is soiled by other means, or has an offensive odor. Clearance items are final and are not cancelable. Should final clearance items not be accepted for delivery, there will be a restock or cancellation fee of 50%. Any time after purchase, we can correct mistakes in pricing made in computing your purchase price. If such correction results in an increase in the purchase price, you have the option to cancel the sale as to that item, return it and receive full credit or a full refund for that item. DELIVERY CHARGE IS NON-REFUNDABLE. Your refund will be credited back to the same payment method used to make the applicable purchase.
9. Privacy Notice and Website Terms of Use.
Please review our Privacy Notice and Website Terms and Conditions of Use, which can be found at the following addresses respectively: [Link to Website Privacy Notice] and [Link to Website Terms and Conditions of Use]. The Privacy Notice governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.
10. Blocker’s Furniture Satisfaction Guarantee.
If within 7 days of receiving your furniture purchase (60 days for mattress purchase) you are not satisfied, you may elect to have a one time replacement of your current item or receive an “in-store” credit to re-select another item at current retail prices. DELIVERY CHARGE IS NON-REFUNDABLE. CUSTOM ORDERS, FINAL CLEARANCE, FLOOR SAMPLE CLOSEOUTS, and COMMERCIAL PURCHASES DO NOT APPLY TO THIS GUARANTEE. This guarantee is for first time purchases only, and will not be repeated on reselections. Final clearance items will not be eligible for allowances, refunds or service. Clearance items are sold without any expressed or implied warranties of any type. In the event an item in storage is advertised at a lower price, customer is entitled to the lower price but must take delivery on the next open delivery date for their area. Any change in your order or delivery address requires at least two business days notice. Changes may delay the delivery date. Please allow two business days to schedule call in deliveries. Merchandise marked “Partial Assembly Required” (Disassembled) or “Assembly Required” is delivered or taken by purchaser in factory packed cartons for assembly by purchaser. We retain title to furnishing until delivered to you and paid in full. If we have to pay any monies or hire an attorney to collect payment from you, we can recover from you all of our collection costs including the fees for our attorney. Any litigation involving this contract must be held in Marion County, Florida. Purchaser waives the right to a jury trial. Any store credit will be void after one year. Any Unpaid balance must be paid in full when merchandise is scheduled for delivery.
11. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.
a) Buyer’s R&Ws.
You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.
b) Company’s Limited Warranty.
Blocker’s furniture represents some of the most respected, quality controlled furniture in our industry and sells “First Quality Home Furnishings”. We do not sell perfect furniture, because none exist. If it did, we would sell it. Our customers can expect industry standards, but perfection is impossible. Wood varies, colors vary, and sizes vary. We sell style, comfort and natural characteristics, which enhance the product. The following warranty is in lieu of all other warranties express or implied, including any implied warranty of merchantability or fitness for any particular purpose. There are no express or implied warranties, which extend beyond it limited warranty described below. We warrant the merchandise you purchase from us will be free from defects in material and workmanship for a period of one year from the date of delivery. This limited warranty extends only to you as the original purchaser of our products and services from our Site (i.e., and not to any subsequent owner or beneficiary of any goods or services received hereunder), and to merchandise which has remained at the original delivery site. In order to recover under this warranty, you must give us written notice of the defect within the one-year warranty period and provide proof of purchase. All replacements, reselects or exchanges under this warranty will have a warranty expiration date 1 year from original delivery date or 30 days whichever is longer.
This warranty does not cover: Wear, fading, piling or shrinkage of any fabric; Variation of the color or graining of wood or wood products; the natural variation in graining and color of leather; Furnishings that have been altered by the purchaser; Ridges or rough areas in marble or variation in its color or graining; damage or discoloration caused by sunlight or artificial light sources; Law tag must remain attached to all bedding for manufacturer to honor warranties; Manufacturers will not honor warranties of any type if evidence of animal use is found; Damage due to misuse, abuse or accidents of any nature; Any variation of any product which meets industry standards; If used in a commercial environment; Comfort.
If the furnishings we sell you do not meet our warranty we will, at our option, either (1) Service, repair or replace the non-conforming merchandise. (2) Exchange the product with exact merchandise.
c)
We represent and warrant to you that any goods purchased by you on the Site, when used specifically as authorized by us and without modification thereto, will conform in all material respects to: (i) the specifications set forth on the Site, and (ii) any instructions that we provide you with upon delivery of the merchandise. We further represent and warrant to you that any goods or services purchased by you on the Site will be safe for their intended use and free from defects in material, functionality, and workmanship. Notwithstanding the foregoing, this warranty shall not apply when the goods are subject to: negligence, misconduct, misuse, abuse, accident, improper installation or handling, unusual environmental conditions, or other extreme stress, alteration, repair by anyone other than us (or one of our authorized representatives), use with any third-party product or service (other than as specifically authorized in advance by us), or use in violation of any provided-for instructions [(including without limitation any license agreement)]. Notwithstanding the foregoing, any products manufactured by a third party and incorporated in any goods provided hereunder are not covered by this limited warranty. We further warrant to you that we will perform any services purchased through the Site using personnel of all required skill, experience and qualifications and in a professional manner in accordance with generally recognized industry standards for similar services in order to meet our obligations hereunder. Notwithstanding anything set forth herein to the contrary, your sole remedy with respect to a breach by us of our warranties to you shall be to inform us, in writing, of your desire to exercise this limited warranty, along with a sufficiently detailed explanation of your reason(s), so that we may either: (i) Service, repair or replace the non-conforming merchandise; or (ii) Exchange the product with exact merchandise. In such instance, restocking fees shall not apply. Delivery charges are non-refundable. We will not be liable to you for any consequential or incidental damages for breach of our warranty. Any item requiring service that was originally picked up at Blocker’s Furniture must be transported back to Blocker’s Furniture. We shall have the right to select which cure option to pursue. Any claim made by you hereunder shall be made within one (1) year following the time when you actually discovered, or should have discovered, any defect(s) or non-conformance. We reserve the right to verify any such claim pursuant to our customary procedures in connection therewith. This warranty period is not extended if we have to repair or replace a warranted product or re-perform a warranted service. This limited warranty extends only to you as the original purchaser of our products and services from our Site (i.e., and not to any subsequent owner or beneficiary of any goods or services received hereunder). In order to obtain warranty service, please contact Blocker’s Furniture at 352-732-4296. For further details on how to exercise your rights hereunder, please review the information set forth at the following: [URL ADDRESS FOR ONLINE SALES TERMS AND CONDITIONS]. If for any reason you believe in good faith that we have not fulfilled our obligations hereunder, you are entitled to follow the dispute resolution procedures set forth in Section 16 below. THIS LIMITED WARRANTY CAN ALSO BE FOUND AT [URL ADDRESS FOR ONLINE SALES TERMS AND CONDITIONS] AS WELL AS IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
d) Limitation on Warranties.
Subject to applicable law and the terms hereof, we make no express or implied warranty whatsoever with respect to the goods or services purchased through the Site, including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise.
e)
SOLE AND EXCLUSIVE REMEDIES/LIABILITY CAP. SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND OUR ENTIRE OBLIGATION AND LIABILITY, FOR ANY BREACH OF OUR LIMITED WARRANTY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
12. Third Party Beneficiaries.
These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
13. Force Majeure.
Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
14. Assignment.
Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
15. Partial Invalidity.
In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
16. Governing Law/Binding Arbitration.
a) Governing Law.
These Terms shall be governed by the laws of the State of Florida without regard to its conflict of laws principles.
b) Binding Arbitration.
Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three arbitrators sitting in Marion County, Florida. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Florida. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 16 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
c) Small-Claims Option.
Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit or consolidated case in small-claims court with respect to these Terms.
17. No Waivers.
Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
18. Notices.
We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) telephone, at: 352-732-4296; or (ii) personal delivery, overnight courier, or registered or certified mail to: Blocker's Furniture & Carpets Incorporated, 2402 SW College Rd. Ocala, FL 34471.
19. Entire Agreement.
These Terms, along with the confirmation email referenced in Section 2 above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, and our Site’s Terms of Use and Privacy Notice, shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter.
