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Terms & Conditions

MBW Furniture, Inc

Terms & Conditions of sale

MBW Furniture reserves the right to update or modify these terms and conditions at any time without prior notice. These terms and conditions however may not be modified or updated by MBW Furniture after they have already been accepted and agreed to at time of purchase. Your use of the MBW Furniture website following constitutes your agreement to follow and be bound by the terms and conditions.

Return & Exchange Policy

You may return the eligible product back within 14 days of receipt. A Return Authorization number and a valid Invoice are required for all returns, exchanges or refunds. Merchandise must be in new condition and in original package; all the parts and packaging materials should be included. All refunds are subject to 25% restocking fee and return shipping fees, or we can credit these fees towards an item or equal or greater value only. Buyer takes full responsibility to measure their space and make sure that the furniture will fit and will clear all doorways, stairways or elevator. Customer takes full responsibility for ordering the correct configuration, size, material and color. Shade, texture and grain variations can occur in natural products, such as leather, stone and wood. Color representations may vary based on computer settings and display technologies and cannot be disputed by the customer. Buyer assumes responsibility for return shipping fees, as well as any restocking fees incurred.

How to Make a Return

Returns must be made within 14 days of receipt of item for us to process your refund in a timely manner. Prior to returning item, Customer must contact us for Return Authorization Number and fill out the Return Form, contact us to initiate your return. To fill out the Return Form Sign into your account. Navigate to the Completed Orders section and click on the Return Item(s) button to obtain your Return Authorization Number (RAN) and fill out the Return Form. Repackage the item in the original packaging and ship it back to us. We cannot accept returns if the original packaging is not included. Do not discard of the skids your order arrived on, as you will need them if your order arrived on skids. If freight pick up is required, Buyer is responsible for getting the item(s) secured to the skids and set outside in an open space for carrier pick up. Please be available when the driver arrives to pick up. Additional charges for repackaging will not be covered or reimbursed by MBW Furniture
Returns should be sent to: MBW Furniture 4777 Fulton Industrial Blvd Atlanta, GA 30336 | USA Receive refund amount less restocking fee & return shipping fees or we can credit these fees towards another purchase If an order is refused because it would not fit through buyer’s entrance or simply did not compliment the buyer’s design style, return shipping fees and a restocking fee will apply. Please ask as many questions as possible. All returns are subject to 25% restocking fee. The cost of return shipping will also be deducted from your refund. Once the returned item has been received, verified and confirmed to be free of damage, modification or wear, the refund will be processed. The refund will be given in the original form of payment. Cash and check payments will be refunded via company check and will only be issued regular postal service. Items returned without the proper RA number may delay the refund process. Please read your return instructions carefully to avoid delays and unnecessary expenses. Please be patient during this period as it may be a lengthy process, due to transportation management and circumstances that are out of the reach of both parties. Please refrain from submitting a charge-back with your card company as this will affect the refund process due to possibly taking up to 180 days to complete meditation.

CANCELLATIONS

To process and ship orders as quickly as possible, order cancellations must be received within 48 hours of purchase. After 48 hours, a 10% cancellation fee will apply to all orders. If the order has already shipped, then a restocking fee will apply. Once an order has already shipped, it cannot be cancelled, rerouted or redirected. If you would like to return the item, you will need to follow our "Standard Return Policy." Please do not refuse the delivery of non-damaged goods. A delivery refusal may complicate the return and refund process. Special/Custom Orders Special Orders are not returnable, no exceptions. If the Special Order is cancelled by the customer during the production or transportation - the customer's deposit of such order may be forfeited.

DAMAGED MERCHANDISE

Damage Claim Filing
Items prior to being shipped out are thoroughly inspected by our quality control team. Because of this, furniture deliveries are received in good condition unless damaged in transit. You have both a right and a responsibility to inspect all items carefully during the delivery. Customers who sign for delivery and do not notate "Damage upon delivery" assume responsibility if merchandise is damaged. If the product itself appears severely damaged or it’s the wrong item you must take pictures of the packaging when being unloaded or while in the truck, you should submit the pictures and you may refuse the delivery. Please notify us of refusal so we can anticipate the return and send out a new item. Please prepare to have help upon delivery of your merchandise as most deliveries consist of large and heavy items. At the time of delivery, open the items out of the packaging to check for damages in presence of the driver. If the truck driver is not willing to wait for you to inspect the actual item, you MUST write: "TRUCK DRIVER REFUSED TO WAIT" and “DAMAGED UPON ARRIVAL” on the delivery receipt. If the packaging or product has any damage or if there is any reason you are concerned with the delivery: If it is damaged, you MUST write “Product Damaged” on the tracking company's receipt called proof of delivery or the Bill of Lading (BOL) prior to signing off. If anything is missing, you MUST list the missing items on the delivery receipt. You MUST retain applicable packaging materials, and notify us immediately. Take pictures of the damaged items immediately. If damage is not noted on the BOL when signed "received in good condition", on the delivery receipt or the applicable packaging materials are not retained, would make it impossible to file a claim with the trucking company. In this case, it will be impossible for us to help with any claim filed. Damaged items must be noted on the freight/delivery receipt at the time of delivery acceptance. We recommend having a camera handy in-case you need to photograph packaging as well as the item(s). You must then contact us immediately, so we can remedy the situation. Any damage must be reported to us within 24 hours.

ITEMS MUST BE RETURNED IN ORIGINAL PACKAGING - WE CANNOT ACCEPT ANY RETURN NOT IN THE ORIGINAL PACKAGING.

If an item is repairable, we will attempt to send out a repair tech to initiate the necessary repairs, if we feel the item(s) can be restored to new condition. Please allow us 7-14 business days to arrange for this service.

Non-Refundable Charges Customer is responsible for:

CANCELATION FEE: 10%

RETURNS/RESTOCKING FEES: 25% OR CREDIT OF THIS AMOUNT TOWARDS THE PURCHASE OF ANOTHER ITEM RECONSIGNMENT FEE: $150.00 -$250 excludes Alaska, Hawaii, Puerto Rico and International countries

EXPEDITED SHIPPING: SEE FEE SCHEDULE

PROTECTION PLANS: SEE FEE SCHEDULE

UPGRADES TO SHIPPING/DELIVERY: SEE FEE SCHEDULE

All items must be returned in original packaging, additional costs for packaging for returns will not be covered or reimbursed by MBW Furniture. Expedited shipping fees are non-refundable Additional insurance is non-refundable We cannot accept returns or grant refunds on any opened and/or used furniture care items, which includes but is not limited to; polish, wax, touch-up markers, cleaners, care kits, table pads, and furniture care accessories for sanitary reasons, we cannot accept returns/exchanges on mattresses or bedding. Special purchases, including: special orders, custom orders, specials of the week, clearance items, closeout items, floor models, etc. Any item that has been modified or used in any way, or that has been assembled or installed. Any item that is not in resalable condition. Any personal use products, such as mattresses, pillows and bedding. Any item not accompanied by a Return Authorization Number issued by MBW Furniture Any item that has been altered, painted or fixed Any item that is not in the original box with sufficient packaging materials.

ALL INTERNATIONAL SALES ARE FINAL - NO REFUNDS OR RETURNS ARE ALLOWED

Please note that returned items found to be in working condition or shipped as ordered may not be eligible for a full refund and return shipping will be deducted from the refunded amount.

SHIPPING & SURCHARGES

Additional shipping charges will apply to the following locations for shipments by a Common Carrier Truck Line. Please let us know in advance if you live in the locations below so we can get a shipping quote with a suitable carrier. If your order does incur additional shipping fees, any returns will also incur additional fees. Additional charges will not apply to smaller items that ship USPS or Fed Ex. • Apartments/Condominiums/Townhouses/Gated Communities • Islands and locations which require a ferry toll • Remote areas and heavily congested cities not readily accessible by delivery vehicle • Locations which require freight to be flown or barged in

PICK UP

Customers are welcome to pick up their purchases at our warehouse located in Atlanta, GA. Sales tax of 7% will be added to pick-up items. Please Contact us at least 3-5 days in advance to set up a pick-up time, our hours are Monday - Friday 9am-5pm

About our Site & Product Listings Site use, copyright, and information about the listings

COPYRIGHT NOTICE

All the content you see on this website, including, but not limited to, all page headers, images, illustrations, graphics, audio clips, video clips and text, is the exclusive property of MBW Furniture and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by MBW Furniture. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the website content without first obtaining the express written permission of MWB Furniture.

SUBMISSIONS

We welcome your comments regarding the MBW Furniture website. Any comments, feedback, notes, messages, ideas, suggestions or other communications sent to MBW Furniture shall be and remain the exclusive property of MBW Furniture. MBW Furniture will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.

USE OF SITE

You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use relating to your use of our site, and that MBW Furniture shall not be liable for any damages of any kind related to your use of this site. You agree to defend, indemnify and hold MBW Furniture harmless from and against all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site. ORDERS We reserve the right to reject or cancel any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject/cancel your order, we will attempt to notify you using the e-mail address and/or the telephone number you have given us with the order. Prices are subject to change without prior notice. In addition to price of products, extra charges for shipping, expedite shipping, insurance, or other additional services shall be billed when incurred. ERRORS We strive to provide the most accurate information on our website. Please contact us about any errors or typos in pricing or descriptions. We cannot honor prices with errors.

DIMENSIONS

Our vendors may have different ways of measuring products, and we try to represent the correct dimensions to the best of our ability. Before purchasing a product please make sure it will be a good fit for the area it was intended for. All dimensions on our site are measured in US Standard System (inches and feet.) For help in converting measurements please contact us.

FINISHES/COLORS

While we try to represent to the best of our ability with photos an accurate picture of products, we cannot guarantee an exact match on color/finish. Please understand that actual finishes/colors of products may differ from photos, depending on lighting situations and monitor settings. Due to the natural characteristics of some materials, colors, veins, and grains will vary.

FABRICS

Actual upholstery color and orientation may vary slightly from photos. Due to fluctuations in fabric inventory, the fabrics shown on certain furniture may not be available. Alternative fabrics will be provided if the one shown is discontinued. Additional charges may apply to specialty alternative fabrics. ASSEMBLY Some of our products may require assembly. If you have questions on whether a product will require assembly, please contact us. Warranties & Repairs What is covered by your warranty, and how we can help

REPAIRS/REPLACEMENT

If you have a problem with a product you feel is covered by this warranty, please contact us within the warranty time frame. Please present an original, dated proof of purchase or sales invoice and delivery ticket (if applicable) for all warranty claims, along with clear picture(s)of the defect. MBW Furniture reserves the right to determine if the issue is warrantable. If we decide to repair a defective part or product, only that defective part(s) or products(s) will be repaired. We will compensate the customer for costs of repair of products with manufacturer defects. If we decide to replace the defective product, customer must arrange for the product to be carefully packed in original cartons and palletized for pickup. MBW Furniture will be responsible for return shipping costs of defective products. We may choose to put an Authorization charge on the customer’s card when we send out the replacement, this way we can get the replacement shipped out before the customer returns the original defective product. This charge will be removed once the defective product has been safely returned to our warehouse. Stock availability of replacement part/product may change from time of original purchase, and may take longer to arrive to customer. If we decide to replace an item that is out of stock or discontinued, we will replace it with an item equal to retail price paid. If your product is repaired/replaced, the warranty will not be renewed or extended. Repair or replacement of defective items will constitute complete fulfillment of this warranty.

WARRANTY TERMS

MBW Furniture is not responsible for the loss of use, time, inconvenience, packaging, travel, or other incidental damages. Our service and warranty policy extend only to normal residential applications and does not cover commercial, industrial, institutional, or other non-home uses. This warranty is made SOLELY TO THE PURCHASER and is NON-TRANSFERABLE under any circumstances. It is the purchaser's responsibility to contact MBW Furniture with claim. We advise all purchasers to retain invoices for a minimum of one year for warranty purposes. It is the purchaser's responsibility to properly maintain their furniture with scheduled maintenance of polish and/or wax to prevent warping, cracking, splitting, or any adverse effects caused by the environment.

WARRANTY EXCLUSIONS

Warranty is void for any of the following conditions:

1. WOOD: Any natural effect in color variations or graining, natural characteristics such as knots, mineral streaks, pitch pockets. 2. MARBLE: Any natural effect in color variations or graining and veining are to be expected and not considered defects.
3. METAL: Natural aging of metals, rust, or tarnishing due to scratches, abrasions.
4. GLASS: Small air bubbles, surface waving and lightly pitted areas may occur during manufacturing and are not considered defects.
5. MATTRESES: damage to coils or border wires due to bending, structural damage due to improper bed frame or mismatched set, water damage, handles, fabric coverings, comfort preferences.
6. Changing colors and texture of fabrics, leathers, marble, or wood finishes over time.
7. Minor variations or differences between website images and your actual furniture.
8. Normal wear and tear.
9. Cracking, splitting, shrinking, warping caused by exposure to weather or extreme atmospheric conditions. 10. Punctures, rips, and tears caused by sharp objects.
11. Fading, pilling, wrinkling, mildew, stains, pets damage.
12. Improper maintenance, improper use, improper cleaning, improper installation, or use other than intended. 13. Any product modifications by dealer, consumer, or other parties not authorized by MBW Furniture.
14. Failure on the customer’s part to comply with the manufacturer's instructions.
15. Damages incurred during assembling or maintenance.
16. Damage caused by fraud, intentional acts, war, hostilities or vandalism.
17. Dissatisfaction due to buyer's remorse or change of heart.
18. The Customer shall reasonably cooperate with MBW Furniture in its efforts to perform its obligations under this warranty. Failure to comply with these requirements will void this warranty. This warranty supersedes and replaces all implied warranties of merchantability and use for purpose. No representative, employee, or agent of MBW Furniture or any other person is authorized to assume for MBW Furniture any additional liability or responsibility about MBW Furniture merchandise except as described above. Implied warranties or merchantability and fitness of the merchandise are limited to a period of one (1) year from the date of purchase. In no event shall MBW Furniture be liable for indirect, consequential or incidental damages of any kind. This warranty is subject to change at any time without notice.

1. Parties. “Seller” or “MBW” means MBW Furniture. “Customer,” “Buyer,” or “you” means the purchaser of product from Seller.

2. Acceptance. Buyer acknowledges and agrees that these General Terms and Conditions are incorporated in, and are a part of, this contract and each purchase order, shipping instruction, specification and other document, whether expressed in written form or by electronic data interchange, relating to the products, goods and services to be provided by Seller pursuant to Customer’s
order (collectively the “Products”) (such documents are collectively referred to as the “Contract”). Seller’s acceptance of Buyer’s offer to purchase the Products is expressly conditioned upon agreement to and the incorporation of these General Terms and Conditions into the Contract. If Buyer accepts the Products which are the subject of the Contract, Buyer shall be deemed to have accepted the Contract including, but not limited to, these General Terms and Conditions of Sale, in their entirety without modification. Any additions to, changes in, modifications or revisions of the Contract (including, but not limited to, these General Terms and Conditions) shall require the written consent of Seller.

3. Terms of Payment. Payment amounts, and schedule are set forth in the order. Late payments are subject to a service charge equal to 1.5% per month or the maximum amount permitted under law. Buyer shall have no right to offset any amounts due or to become due to Seller against any claims, charges, expenses, fees or other payments of any kind whatsoever under any circumstances, including, but not limited to, any liability which may arise due to any breach or alleged breach of the Contract or any provision thereof. Buyer shall indemnify Seller for all costs and expenses (including attorney’s fees and court costs) incurred by Seller to collect amounts owed by Buyer under the Contract.

4. Payment Default. The following are events of payment default under this Contract which will allow Seller to take such action under this Paragraph, Paragraph 5, and Paragraph 6 as it deems necessary: (a) any of Buyer’s obligations to Seller under the Contract with Seller are not paid promptly when due; (b) Buyer breaches any provision hereof, or of any other instrument or agreement in connection with this or any other transaction; and (c) whenever Seller in good faith believes the prospect of payment or performance is impaired or in good faith believes the Products are insecure. If Buyer is in default hereunder, the indebtedness herein described and all other debts then owing by Buyer to Seller under this or any other present or future agreement shall, if Seller shall so elect, become immediately due and payable. This acceleration of all indebtedness, if elected by Seller, shall be subject to all applicable laws, including laws as to rebates and refunds of unearned charges. Immediately upon the occurrence of a payment default, Seller has the right to electronically, remotely or in situ render the Products unusable.

5. Security Interest/Lien and Bond Rights. Seller retains a purchase money security interest (“PMSI”) under the Uniform Commercial Code as enacted in the State of Georgia, USA (“Code”) in the Products sold until payment in full has been made. In the event of default by Buyer under the Contract, Seller shall have all the rights and remedies of a secured creditor under the Code. Buyer agrees to execute such financing statements and other documents as Seller may request to perfect Seller’s security interest. Buyer agrees and hereby appoints Seller as its attorney-in-fact to do, at Seller’s option, all acts and things Seller may deem desirable to perfect and continue to perfect the PMSI granted hereby, including Seller’s authority to file financing statements naming Buyer as debtor and Seller as secured party without Buyer’s signature in those states where such filings are permitted, and to sign Buyer’s name thereto where required.

6. Consent to Enter Premises. Buyer agrees that Seller, by itself or its agent, may without notice to any person and without judicial process of any kind, enter into any premises or upon any land owned, leased or otherwise under the real or apparent control of Buyer or any agent of Buyer where the Products may be or where Seller believes the Products may be, and disassemble, render unusable and/or repossess all or any item of the Products, disconnecting and separating all Products from any other property and using all force necessary. Buyer expressly waives all further rights to possession of the Products after payment default and all claims for injuries or damages suffered through or loss caused by such entering and/or repossession.

7. Taxes and Other Charges. Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Buyer or arising from the export from the USA of the Products shall be paid by Buyer in addition to price quoted or invoiced. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller therefor or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted, an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.

8. Delivery. Full and clear title to the Products passes upon full payment. Buyer shall pay all insurance costs associated with delivery that are beyond the insurance provided by carrier. Delivery times are approximate and are dependent upon prompt receipt by the Seller of all material and information necessary to produce and/or supply within the scheduled time. For all international shipments, the Buyer shall obtain any required export license and any required import license or any other governmental authorization, permit and satisfy all formalities as may be required to carry out the terms of this Contract in accordance with then prevailing law and regulations. The Seller agrees to use reasonable efforts in assisting the Buyer in obtaining any such licenses or authorizations. The Seller is not liable if any license or governmental authorization is delayed, denied, revoked, restricted or not renewed and the Buyer shall not be relieved thereby of its obligations to pay the Seller for the Products and any other costs or charges which are the responsibility of the Buyer under this Contract.

9. Limited Warranty. PROVIDED BUYER COMPLIES WITH THE TERMS AND CONDITIONS OF THIS CONTRACT, Seller warrants to Buyer for a maximum 12-month (365 day) period (“Warranty Period”) that the Products shall be free from defects in material and workmanship (“Limited Warranty”). This Limited Warranty is nontransferable and is limited to the original purchaser (Buyer). The Warranty Period is subject to the express condition precedent that the Products will be properly cared for and does not include ordinary wear and tear. The Warranty Period begins at the time of delivery of the Products. Seller has no control over the use or suitability of the Products and therefore, does not guarantee the use of the Products. Buyer is responsible for determining the suitability of the Products for its own use. Buyer understands that Seller resells products manufactured and designed by others. Seller cannot, therefore, expressly or impliedly warrant the Products’ merchantability, fitness for any particular and/or that the Products do not infringe on third party intellectual property rights. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, SELLER
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE RELATING TO THE PRODUCTS COVERED BY THIS CONTRACT AND LIMITS BUYER’S REMEDY TO THE REPAIR AND/OR REPLACEMENT OF DEFECTIVE PRODUCTS DURING THE WARRANTY PERIOD. THE ENTIRE RISK ARISING
OUT OF THE USE OR PERFORMANCE OF THE PRODUCTS SUPPLIED HEREUNDER REMAINS WITH BUYER.

No employee or agent of Seller is authorized to make any warranty other than that which is specifically set forth herein. The provisions in any specification, brochure or chart issued by Seller are descriptive only and are not warranties. Warranties provided under this Contract are contingent upon the proper use of the Products in an appropriate environment. This Limited Warranty does not cover: (1) damage to Products due to improper use or maintenance, accident, neglect, misuse, fire, humidity, rising water, insect infestation, failure or fluctuation of electrical power, improper voltage, damage resulting from accessories or attachments, or elements of nature; (2) repair or replacement of expendable items; (3) routine cleaning and maintenance, preventive maintenance; (4) refinishing or replacement of cosmetic parts; and (5) unauthorized Products repairs, replacements, alterations or modifications. Seller shall have no obligation to Buyer under this Limited Warranty or otherwise with respect to any claim that is based upon or arises out of the use of the Products by Buyer in a manner that breaches this Contract or is materially inconsistent with the Products.

10. Indemnification. Buyer shall indemnify, defend and hold Seller and its representatives, agents and employees harmless from and against all claims, demands, actions, causes of action, suits, judgments, settlements, costs (including reasonable attorney’s fees), fees, penalties, damages, liabilities and obligations arising out of or relating to a breach of the Contract by Buyer, the negligent acts or omissions of Buyer and any of its representatives, and Buyer’s improper use of the Products. Notwithstanding anything in this Contract to the contrary, however, Buyer shall not be liable or responsible for, and shall not be obligated to indemnify, defend and hold harmless the Seller for liability, claims, lawsuits and demands (including all judgments and settlements made at arm’s length and all reasonable attorneys’ fees and expenses and litigation expenses) caused by the sole negligence, willful misconduct, crime or fraud of the Seller, its agents or employees.

11. LIMITATION ON LIABILITY. IN NO EVENT WILL SELLER BE LIABLE TO BUYER, WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCTS LIABILITY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTORY OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY AMOUNTS REPRESENTING LOSS OF PROFITS (DIRECT OR INDIRECT), LOSS OF CONTRACTS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF USE, LOSS OR INEFFICIENT USE OF TIME, FACILITIES AND/OR EQUIPMENT, LOSS OF DATA, COSTS OF REPLACEMENT GOODS, BUSINESS INTERRUPTION LOSSES, OR DAMAGES RESULTING FROM USE OR MALFUNCTION OF THE PRODUCTS, EVEN IF SUCH DAMAGES WERE FORESEEABLE REGARDLESS OF WHETHER SELLER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS OR RESULTED FROM THE BREACH OF A FUNDAMENTAL TERM OF THIS CONTRACT AND EVEN WHEN OTHER REMEDIES ARE IMPOSSIBLE OR INEFFECTIVE, ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH OR RELATED THERETO, OR THE USE OF ANY PRODUCTS FURNISHED HEREUNDER. IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF SELLER UNDER THIS CONTRACT EXCEED THE CONTRACT PRICE FOR THE PRODUCTS FOR WHICH LIABILITY IS CLAIMED. The parties agree that these limits of liability
shall survive and continue in full force and effect despite any termination or expiration of the Contract between Seller and Buyer. Any action by Buyer against Seller including, without limitation, arbitration must be commenced within ninety (90) days after the cause of action has accrued or shall forever be barred.

12. Force Majeure. SELLER WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR DELAY ARISING OUT OF ITS FAILURE TO PERFORM HEREUNDER DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OR OMISSIONS OF BUYER, ACTS OF CIVIL OR MILITARY AUTHORITY, FIRES, STRIKES, FLOODS, EPIDEMICS, QUARANTINE RESTRICTIONS, WAR, RIOTS, ACTS OF TERRORISM, DELAYS IN TRANSPORTATION OR TRANSPORTATION EMBARGOES. IN THE EVENT OF SUCH DELAY, SELLER'S PERFORMANCE DATE(S) WILL BE EXTENDED FOR SUCH LENGTH OF TIME AS MAY BE REASONABLY NECESSARY TO COMPENSATE FOR THE DELAY. 13. Disputes. The parties shall endeavor in good faith to resolve all disputes arising out of the performance of their
obligations under this Contract. Any dispute arising out of this Contract and not resolved between the parties shall be referred to binding arbitration before a single arbitrator in accordance with applicable commercial rules of the JAMS Mediation and Arbitration and shall be conducted in Atlanta, GA, USA. The parties to the arbitration shall be permitted to request and subpoena documents, to the extent permitted under the Georgia Civil Practice Act for civil actions. The parties understand and agree that this Contract is made, executed and will be partially performed in the state of Georgia. All terms of this Contract, their force, effect, interpretation (including breach) and dispute resolution procedures shall be governed by and construed in accordance with the domestic laws of the State of Georgia without giving effect to its conflict of laws and shall be treated in all respects as a domestic State of Georgia contract. If any claim or controversy, including any counterclaim, is determined not to be subject to the mandatory binding arbitration clause, above, the parties hereby waive trial by jury, and agree that all controversies of whatsoever nature and where so ever they may arise, may only be brought in Fulton County, Georgia. By purchasing the Products and entering this Contract, Buyer purposely avails itself of and consents to personal jurisdiction and venue in the Fulton County, Georgia state courts for all purposes including, without limitation, confirming any arbitration award (“Award”). Buyer agrees that the Fulton County, Georgia state courts are a convenient forum and covenants not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non-convenient or otherwise. If Buyer brings any action in any forum other than JAMS in Atlanta, Georgia, or if JAMS be unavailable for whatsoever reason, in any court in any forum other than in Fulton County, Georgia state courts, Buyer consents to the dismissal of said action. This Section and its obligations shall survive any termination or completion of the Contract. The prevailing party in any litigation or arbitration involving the parties shall be entitled to recover from the other party all its costs and reasonable attorneys and expert fees expended in the prosecution and/or defense of such action. The term “prevailing party” means that party, as plaintiff or defendant (claimant or respondent), who substantially prevails against the other party. Notwithstanding the foregoing, if a written offer of compromise made by either party is not accepted by the other party within thirty (30) days after receipt or the commencement of the trial or hearing, whichever is sooner, and the party not accepting such offer fails to obtain a more favorable judgment (award), the nonaccepting party shall not be entitled to recover its costs of the litigation or arbitration and reasonable attorney’s fees and costs (even if it is the prevailing party) and shall be obligated to pay the costs of suit or arbitration and reasonable attorney’s fees and costs incurred by the offering party. 14. Miscellaneous Provisions. This Contract constitutes the entire agreement among the parties hereto with respect to the transactions contemplated hereby and supersedes all contradictory agreements, understandings, negotiations and discussions, both written and oral, among the parties hereto with respect to the transactions contemplated hereby. This Contract may be modified only by written instrument signed by the parties’ authorized representatives. No waiver of any of the provisions of this Contract shall be deemed or shall constitute a waiver of any other provision hereof, nor shall any such waiver constitute a continuing waiver unless otherwise expressly so provided. The terms of this Contract that by their nature are reasonably intended by the parties to survive completion or termination, including, without limitation, the terms relating to confidentiality, proprietary and intellectual property rights, indemnification, dispute resolution and warranty, will survive the expiration or termination of this Contract. Should any term, provision or Section of this Contract be deemed void or unenforceable, it is the intent of the parties that the remaining provisions remain in full force and effect. Except as specifically set forth or referred to herein, nothing herein expressed or implied is intended or shall be construed to confer upon or give to any Person, other than the Parties and their respective successors and assigns, any rights or remedies under or due to this Contract.

ADDENDUM

TYPES OF PAYMENT
We accept payment by VISA, Master Card, Discover, American Express, Personal and Business Checks or Money Orders. MBW Furniture strives to take the utmost precautions, including use of sophisticated encryption and authentication tools, to protect the security of your contact information that you share with us. When ordering with us, we want our customers to feel confident that their personal information and credit card data is completely safe. We employ 128-bit Secure Sockets Layer (SSL) technology that safely encrypts all your private information when placing an order, and guarantees it is sent securely into our systems to be processed.

60 DAYS TO PAY
At MBW, we understand the financial needs of life, and we will gladly give you up to 60 days to pay your balance. Once your balance is paid in full, we will ship your order. Our 60 days to pay plan is a commitment to purchase and the payment(s) are non- refundable. However, the payment(s) can be applied toward any other product on our website. Plan is not available on close-out and clearance products.

ORDER PROCESSING TIME
We strive to get your order shipped out as quickly as possible, nobody likes to wait for their purchases. We make all efforts to make sure your order is correct, undamaged, complete, and protected to make the trip to your door. While we can ship many smaller items within 7-10 business days, please allow 2-5 weeks from the date of your order for order processing and to receive your shipment tracking number(s). If rare unexpected delays occur, you will be notified immediately. For expedited orders, please allow 1-5 business days for order processing and to receive your shipment tracking number(s).

SHIPPING & DELIVERY
At MBW Furniture, our goal is to deliver your purchase in the quickest and most economical way possible without compromising safety. We offer Free Standard Shipping on most orders, as well as Free White Glove Delivery (as noted or can be added at an additional charge) to all 48 Continental United States. Free Shipping does not apply to Hawaii, Alaska, or US Territories.

Orders are shipped using different shipping services. We do our best to ship most orders using our company trucks and trained professional delivery staff, however, some orders are shipped using certified freight carriers by curbside delivery and others are shipped with our partner special handling transportation shippers. Each service is uniquely different, so we quote delivery time ranges based on all of the services provided.

SHIPPING TIMES
Estimated shipping times from receipt of payment to delivery to Continental USA. Shipping time is subject to change depending on stock availability. Items ordered together may be shipped separately on rare occasions. Upon shipment of your order, you will be notified of the shipping company delivering your order, as well as tracking information.

• Furniture Care Items: 3-10 Days
• Ground Orders :5-21 Days
• Furniture Orders/In Stock @ Atlanta Warehouse): 2-6 weeks
• Furniture Orders/Vendors: 2-6 weeks
• White Glove Delivery: 2-6 weeks (due to the level of service please allow extra time for White Glove Delivery over standard shipping)
• Backordered items: 6-12 weeks
• Custom/Special Orders: 3-6 months, depending on the level of customization
• International Orders: Please be aware that while we ship out international orders in the time quoted, shipments may be delayed due to Customs/Clearance.

ADDITIONAL SHIPPING CHARGES
Additional shipping charges may apply to the following locations for shipments by a Common Freight Carrier Truck Line. Please let us know in advance if you live in the locations below so we can get a shipping quote with a suitable carrier. If your order does incur additional shipping fees, any returns will also incur additional fees. Additional charges will not apply to smaller items that ship USPS or Fed Ex.
• Apartments/Condominiums/Townhouses / Gated Communities
• Islands and locations which require a ferry toll
• Remote areas and heavily congested cities not readily accessible by delivery vehicle
• Locations which require freight to be flown or barged in

PICK UP
Customers are welcome to pick up their purchases at our warehouse located in Atlanta, GA. Sales tax of 7% will be added to pick-up items. Please Contact us at least 48hrs in advance to set up a pick-up time, our hours are Monday - Friday 9am-5pm

PACKING METHODS
We have implemented strict quality control measures and have utilized only the best methods in packing and crating to ensure safe arrival of your order. Every item is carefully inspected before leaving our warehouse. Merchandise requiring extra care, especially antiques, bars and handcrafted furniture, are shipped in cartons that have been specially packed in case of rough handling or impact.

SHIPPING & DELIVERY OPTIONS

PLATINUM WHITE GLOVE

• At least two delivery people. They will not require your assistance for large/oversized items.
• Includes moving package to desired location inside your home.
• Professional service to assemble furniture.
• Removal of boxes and debris.
• Please allow up to 6 weeks for Platinum White Glove Delivery.
• Only available to Continental USA. Not available for Hawaii, Alaska, Puerto Rico, Canada, or other International countries.
• Please contact us for a quote. All shipping quotes will be honored for 30 days.
Due to the nature of this service, additional transit time is required for delivery


THRESHOLD DELIVERY
• They will not require your assistance for large/oversized items.
• Package will be set inside the front entrance of your home.
• Does not assembly or box removal.
• Only available to Continental USA. Not available for Hawaii, Alaska, Puerto Rico, Canada, or other International countries.
• Please contact us for a quote. All shipping quotes will be honored for 30 days
Due to the nature of this service, additional transit time is required for delivery

STANDARD CURBSIDE DELIVERY BY LTL FREIGHT CARRIER

• One delivery person. They may require your assistance for large/oversized items.
• We advise that you enlist help to move the package inside.
• Delivery of your new furniture as closest to your garage or front door as possible (given that access to those areas is not obstructed.)
• Does not include moving package inside, assembly, or box removal.
• FREE to most Continental United States. See exceptions in Additional Shipping Charges section above.
• Please contact us for a quote if you live in an area that incurs additional fees. All shipping quotes will be honored for 30 days.

INSIDE DELIVERY BY LTL FREIGHT CARRIER

• One delivery person. They may require your assistance for large/oversized items.
• We advise that you enlist help to move the package inside.
• Package will be set inside the front entrance of your home.
• Does not assembly or box removal.
• Only available to Continental USA. Not available for Hawaii, Alaska, Puerto Rico, Canada, or other International countries.
• Please contact us for a quote. All shipping quotes will be honored for 30 days.

INTERNATIONAL SHIPPING
All international customers are also responsible for clearing customs upon receipt of their order. The customs tariff depends on the country you reside in. You can contact your local customs department to inquire about customs duties (tariffs) on furniture imported from the United States. Antique pieces that are 100 years or older may be exempt from duties in certain countries. We cannot estimate customs duties, so please contact your local customs office. Import duties, taxes and charges are not included in the item price or shipping charges. These charges are the buyer's responsibility. Please check with your country's customs office to determine what these additional costs will be prior to bidding/buying. Due to US and International government regulations, we cannot mark merchandise values below value or mark items as "gifts." ALL INTERNATIONAL SALES ARE FINAL - NO REFUNDS OR RETURNS ARE ALLOWED

Delivery & Inspection
DELIVERY PROCESS
Customer must be present to accept and sign for freight shipments. In the case of very large/heavy items, Customer is responsible for getting help to move package from Lift Gate. The delivering carrier should call you at least 24 hrs. in advance to coordinate a delivery day and time. If the freight lines cannot reach to schedule an appointment, they will leave the package outside of your home. Customer may be responsible for re-consignment fees and return freight charges if delivery appointment is missed. MBW is not responsible in the event of poor coordination/timing of the delivering carrier. We will intervene at the buyer's request in case of problems with the carrier. You must keep all original packaging should the need to return occur. We cannot accept returns without the original packaging.

DELIVERY INSPECTION
It is the customer's responsibility to inspect all freight for damage and/or carton damage at the time of delivery. 10% - 15% of all large item furniture orders end up damaged due to transit accidents, while we take as much care as we can in packaging your items, furniture, no matter what it is made from or how well it is packaged, gets damaged. For a loss or damage claim to be honored by the delivering carrier, you must follow the following guidelines. If the below guidelines are not strictly adhered to, your claim will be denied:

1. Inspect the package and contents upon receiving. If you are unable to open the box immediately, please note "PENDING INSPECTION" on the freight bill.
2. If your package is not on a pallet or it looks like it has been mishandled, please take the time to inspect it carefully. The driver is obligated to wait until you unpack before signing off. To have the item shipped back free of charge, the driver must sign off that the package was damaged or mistreated in transit.
3. We advise that you have a camera ready to take detailed pictures of the package when it arrives to you.
4. Keep all original cartons and packaging until you have inspected everything. We cannot accept returned merchandise unless it's packaged in its original cartons.

DAMAGED MERCHANDISE
All items are fully insured with the Freight Carrier against damage in transit with the notation of such damage on the delivery receipt. Options are limited in cases when the delivery receipt is not notated with all issues. In the rare event that you receive a damaged item the following steps must be taken:

1. Notate all damage to packaging and products on the delivery receipt before the driver leaves - they are obligated to wait so you can properly inspect your order
2. Accept delivery of your complete order if you would like us to repair the item in your home. Having the damaged furniture in your home allows us to remedy the issue quicker and provides you with furniture to use in the meantime. MBW Furniture will repair to first quality or replace your damaged furniture. If the item is beyond repair, please DENY the shipment and have it returned due to damage. Any damage must be reported to us within 48 hrs. of delivery.
3. Contact us within 48 hours of delivery so that we can remedy the issue.
4. Document and photograph all cartons, packages, etc. in clear, precise, detailed pictures

If you choose to return an order with damage it can be returned using our 14-Day Money Back Guarantee.

CANCELLATIONS & RETURNS POLICY
CANCELLATIONS & PRICE MATCHING
To process and ship orders as quickly as possible, order cancellations must be received within 48 hours of purchase. After 48 hours, a 10% cancellation fee will apply to all orders (excluding custom orders - for custom order cancellation please see our Custom order terms of sale. If you have found the item at a lower price from a reputable reseller, please contact us and we will do our best to match that price and service level.

14 DAY MONEY BACK GUARANTEES.
At MBW Furniture, we strive to work with our customers to ensure that every purchase is a positive experience. If you are unhappy with your purchase for any reason, you can return it within 14 days. If you have found it for a lower price, let us know and we can match that price within these 14 days! The 14 days starts once you have received your item, and your return must be in transit to us by the 14th day.

Buyer is responsible for a 25% restocking fee and return shipping fees. For sanitary reasons, we cannot accept returns on mattresses or bedding.

DAMAGED MERCHANDISE
All items are fully insured with the Freight Carrier against damage in transit with the notation of such damage on the delivery receipt. Options are limited in cases when the delivery receipt is not notated with all issues. In the rare event that you receive a damaged item the following steps must be taken:

1. Notate all damage to packaging and products on the delivery receipt before the driver leaves - they are obligated to wait so you can properly inspect your order
2. Accept delivery of your complete order if you would like us to repair the item in your home. Having the damaged furniture in your home allows us to remedy the issue quicker and provides you with furniture to use in the meantime. MBW Furniture will repair to first quality or replace your damaged furniture. If the item is beyond repair, please DENY the shipment and have it returned due to damage. Any damage must be reported to us within 48 hrs. of delivery.
3. Contact us within 48 hours of delivery so that we can remedy the issue. If we feel the issue cannot be repaired on site, a replacement product or refund will be issued.
4. Document and photograph all cartons, packages, etc. in clear, precise, detailed pictures

RETURNS & REFUNDS

HOW TO RETURN

1. Returns must be made within 14 days of receipt of item for us to process your refund in a timely manner.
2. Prior to returning item, Customer must contact us for Return Authorization Number and fill out the Return Form.
3. Repackage the item in the original packaging and ship it back to us. We cannot accept returns if the original packaging is not included. If freight pick up is required, Buyer is responsible for getting the item outside. Additional charges for repackaging will not be covered/reimbursed by MBW Furniture.

MBW Furniture
4777 Fulton Industrial Blvd
Atlanta, GA 30336 | USA

4. Receive refund amount less restocking fee & return shipping fees.
5. Please allow 5-14 days for your refund to process

Non-Refundable Charges

1. Customer is responsible for 25% restocking fee.
2. All items must be returned in original packaging, additional costs for packaging for returns will not be covered or reimbursed by MBW Furniture.
3. Expedited shipping fees are non-refundable.
4. Additional insurance is non-refundable.
5. Wood and Fabric swatch samples are non-refundable.
6. We cannot accept returns or grant refunds on any opened and/or used furniture care items, which includes but is not limited to; polish, wax, touch-up markers, cleaners, care kits, table pads, and furniture care accessories
7. Products labeled as Clearance, FINAL SALE, or As-is are non-returnable
8. For sanitary reasons, we cannot accept returns/exchanges on mattresses or bedding.
9. ALL INTERNATIONAL SALES ARE FINAL - NO REFUNDS OR RETURNS ARE ALLOWED

 

CUSTOM & SPECIAL ORDERS

SHIPPING TIME

We do our best to give an accurate estimate for production and shipping. Several factors may delay the shipping time, they include but are not limited to:

• Customer approval: Customers are responsible for responding to emails in a timely manner to state their approval of all products, from production to finish.

• Additional Customization: any new changes to the design will take additional time.

• Customs clearance: Delays in the container clearing customs.

• Volume of the order: Due to our vigorous inspection and packing methods, larger orders with multiple products will take longer to ship out.

COLORS/FINISHES

While we try to represent to the best of our ability with photos an accurate picture of products, we cannot guarantee an exact match on color/finish. Please understand that actual finishes/colors of products may differ from photos, depending on lighting situations and monitor settings. Due to the natural characteristics of some materials, colors, veins, and grains will vary. To ensure the closest match for colors/finishes, we recommend that you send your own samples to our factory. We cannot guarantee an exact match in color or materials based on photos alone.

ADDITIONAL CUSTOMIZATIONS

New alterations or additional customizations to your order must be submitted to us in writing. Additional charges will apply to any changes once production has begun on a custom piece. Please be aware that we can implement minor changes at the beginning of production only, major changes to the piece including any adjustments in size or design may result in a reproduction of the entire piece. Customers will be charged the full amount for complete reproduction(s) if the mistake is due to failure of communication on the Customer’s part.

REPLICATIONS

We will always do our best to replicate your order as closely as possible to the original images and dimensions that are provided to us, however please bear in mind that we cannot guarantee precise replicas unless the originals are physically at our workshop where we are replicating your order. Since every item we build is handcrafted by skilled artisans, slight variations in dimensions and design cannot be avoided.

CANCELLATIONS & RETURNS

Please understand that our Custom Orders are made to order, specifically for each Customer. Once production has begun on a custom piece, we cannot cancel the order. Partial payments or deposits on a Custom Order are non-refundable. Please see our full Return Policy for custom orders in our terms and conditions of sale.