Wyckes Pedic 9" Gel Memory Foam Mattress

WYCKES FURNITURE

Terms, Conditions, & Policies

List of Documents to be Incorporated into the Contract

• “Agreement” means this Agreement between You and Wyckes Furniture LLC. which includes the terms and conditions, the invoice referencing this Order Number, and any other documents expressly made part of the Invoice or this Agreement.

Additional Definitions

• “Wyckes Furniture” means Wyckes Furniture LLC. “Installation” means the installation services specified in this agreement. “Professional” means an independent contractor authorized by Wyckes Furniture (licensed and insured as required by Wyckes Furniture and applicable law) and the contractor’s employees, agents and subcontractors. “Substantial Commencement” means commencement of services at Your service address. “Substantial Completion” means completion of all that portion of work needed for You to make beneficial use of the merchandise. “You”/”Your” means the customer identified in this agreement

Scope

• This Agreement is between You and Wyckes Furniture. Under this Agreement, Wyckes Furniture does not deliver or install any merchandise purchased through Wyckes Furniture, but arranges for Professional to do so directly or through Professional’s specialty subcontractors. Professional, not Wyckes Furniture is responsible for obtaining liability and workers’ compensation insurance covering Professional’s operations and Professional’s employees related to the delivery or installation.

Cancellations

• If you cancel your order or specific regular stock items on your order for any reason, you will be charged a 10% cancellation fee on the items that were cancelled.  Special order items cannot be cancelled for any reason. Furniture protection plans cannot be cancelled for any reason.

Custom Made Merchandise

• Custom-made products cannot be returned. All sales of custom-made products are final.

Items or Merchandise Not Paid For

• Items that have NOT been paid for and are still in the customer’s possession within 10 days of purchase will be sent to a collection agency. This will include any Credit Card disputes or checks that have been returned or canceled.  All unpaid accounts will begin to accrue interest after the 10^th day at 3% per month or the maximum rate allowed by law.

Returns

• Wyckes Furniture accepts returns within three (3) days of your receipt of an item, excluding bedding products. You will be charged a 30% restocking fee on all regular stock furniture returns. NO Returns on Special Order items.  Special Order returns due to customer preference, no-fits or any other reason are not accepted. Wyckes Furniture does not accept returns on mattresses, box springs, pillows, comforter sets, or other bedding products. Wyckes Furniture reserves the right to refuse returns or exchanges of items that are not in as-new condition due to damage or misuse by the customer.  If returned items need to be picked up from your home, you will be charged a pickup fee. Your initial delivery fee is not refundable. Prices paid at the time of purchase are final.  Pick up fee is equal to your original delivery charge.
• If you cancel your order or specific regular stock items for any reason, you will be charged a 10% cancellation fee on the items that were cancelled.
• Buyer agrees to complete payment on schedule, or proceeds of prior payment(s)towards layaway will be forfeited.  NO RETURNS, NO REFUNDS on layaways.
• Please, do not assemble the furniture that you might be returning or exchanging since furniture assembled by customer cannot be accepted under any circumstances.
• All pick ups require I.D. presented for pick up.  Any item opened out of packaging before transport can not be returned or exchanged and voids 48 hour window to report damage or defect.  Any pieces opened out of packaging can not be taken back or stored by Furniture Outlet.  Wyckes Furniture can not help load items into an enclosed vehicle or tie or strap down any items.
• All returned or exchanged products must be in original condition and packaging; otherwise, additional charges may be applied. Additionally, certain products cannot be returned because neither we nor our suppliers can take them back.
• Merchandise received in good condition is not returnable or cancelable, no refunds are available.
• Merchandise Sold “As is” or “Clearance”  or “Floor Model” are FINAL and will not be eligible for warranty, exchange, allowance, refund or service. Extended warranties cannot be sold with merchandise purchased “As is”; those posted in error will be refunded.
• All claims of defect must be received in writing within 48 hours of pickup or delivery and will be reviewed and if approved it will at our discretion be repaired     or replaced.  The above stated warranty is limited to repair or replacement of defective product at the option of Wyckes Furniture.

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Warranty

• Wyckes Furniture does not warrant the merchandise purchased however some manufacturers do offer warranties on merchandised purchased from their company. Exclusion- this warrantee does not cover (a) wear, fading, tearing, pilling, wrinkling, shrinkage, and dye lot variations of fabric, or leather products, (b) damage due to negligence, misuse, fire, abuse, the elements or acts of nature accidents, improper cleaning or discoloration from sunlight or artificial light sources; (c) variation of the color, or graining of wood or wood products, marble or leather; (d) finishes that have been affected by the purchaser (e) merchandise sold “As is” (f) breakage, chips, scratches of glass shelves, tabletops and glass products. (g) Merchandise sold for commercial use. If the merchandise we sold you does not meet the foregoing warranty, will at our discretion, repair the non conforming merchandise, exchange it for an exact item in stock if available, or in the event it is non repairable and no longer available in stock, offer an in store credit exchange for a return of the defected item. This warrantee does not cover the cost in delivering replacement merchandise.  Except to the extent expressly prohibited by applicable law of the jurisdiction in which you made your purchase from, we are not liable to you for any consequential or incidental damage for breach of this or any other warranty.

Limitations

• This warranty is limited to the original purchaser, and delivery address only. Purchase of our extended warranty provides portability to any location you move to in the continental United States. If you decide to resell this merchandise, the duration of the extended warrantee can be sold to the new purchaser of the merchandise. To elect this option please see the details under your extended warranty contract. There is a nominal fee through our Third Party Administrator for this benefit.

Customer Pick up

• Merchandise may be picked up at the store of purchase during select hours on scheduled days. Please check with your sales consultant regarding will call hour availability at your local store. We will assist you in loading your vehicle. You are solely responsible for securing your merchandise to your vehicle, we are not responsible for any loss or damage to your vehicle.

Returns of “Customer pick up” Merchandise

• Require that you bring the merchandise back for exchange or may elect to pay a delivery fee for the pick up and delivery of the authorized exchange must be in original manufacturer boxes.

Delivery

·      Wyckes Furniture does not provide delivery. We are pleased to offer delivery to you or another person over age 18 through an outside delivery company, please clear your schedule in advance to be available ALL DAY for the date of delivery. Prior to your delivery, you will be notified of a 4-hour time frame within which your delivery should be expected to arrive; however, we cannot honor specific time frame requests. Important… in the event that you are not home for your scheduled delivery or cancel less than 24 hrs in advance and a redelivery is necessitated, we will assess a redelivery fee. You are responsible for clearing the room into which the merchandise is to be placed on the first floor only we do not take furniture up stairs. We cannot move any furniture in your home to other floors, to the garage, or curbside, including any electronics. You are responsible for notifying us in advance of any special requirements related to your delivery (e.g., delivery to an apartment with no elevator, need to remove door hinges, elevator reservation for high rises) a special delivery fee may be assessed for any such special delivery requirement. Visible merchandise damage or home damage must be reported to our Customer Service Department at within 48 hours of delivery.

Excusable Delay

• Neither Wyckes Furniture nor the Professional is responsible for start/finish delays resulting from events beyond their control including, but not limited to, change orders, acts of nature, government actions, manufacturing/delivery delays or damage to merchandise caused by third parties, labor strikes/unrest, Your credit/financing, any incorrect information You provide, legal encumbrances on Your property, Your property’s nonconformance with zoning requirements or building code requirements, hidden/unforeseen physical/hazardous conditions (including but not limited to, environmental hazards such as mold, asbestos, and lead paint) at Your service address, or Your noncompliance with this Agreement. The Wyckes Furniture reserves the right to terminate  this Agreement and/or require Professional to discontinue delivery given any of the foregoing conditions.
• Wyckes Furniture shall not be responsible for delays in delivery of merchandise occasioned by manufactures scheduling, stock on hand, availability  of materials, transportation difficulty  or any other cause beyond Wyckes Furniture control.  Buyer agrees that changes in availability will not invalidate  this order.

Pricing

• While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information. We shall have the right at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice. Prices do not include shipping or sales tax, sales tax and delivery charges will be charged on your order as applicable.

Mistakes in Calculating Purchase Price

• At any time after your purchase, we cannot correct mistakes in pricing or arithmetic made in computing your purchase price.

Change of Address

• Please read your sales receipt carefully to ensure that your address and other personal information are accurate. You are responsible for any inaccuracies in your address and other personal information. You must make any change of the delivery address or change in the order either in person or by telephone and the change will be binding only if the change is confirmed before delivery. Changes in your address or other personal information may delay delivery, and you may be charged a fee for deliveries made to you at the wrong address on your sales receipt if such address is incorrect.

Assembly Required

• Merchandise will be delivered to you (or, in the case of customer pick up, will be available for pick up by you) in factory packed cartons for ASSEMBLY BY YOU. We shall not be required to assemble any such merchandise as part of your delivery charge.

Cost of Collection

• If we are required to pay any monies or hire an attorney to collect payment from you for any reason, we shall be entitled to recover from you all our collection costs including the fees and disbursements of an attorney.

Claims    

• Any claims or disputes by you against Furniture Outlet or Professional related to or arising under this agreement must be made in writing within fourteen (14) calendar days after the date You purchased the goods or service. You agree to try first in good faith to settle the dispute by mediation.  All unresolved disputes shall then be decided by final and binding arbitration.  Fees charged by any mediators or arbitrators shall be shared equally by all parties.  The prevailing party in any legal action brought under this Agreement will not be entitled to attorney’s fees and costs.

ARBITRATION

• IN AGRREEING TO ARBITRATION , YOU AND WYCKES FURNITURE ACKNOWLEDGE THAT IN THE EVENT OF A DISPUTE OVER MERCHANDISE OR FEES CHARGED, EACH OF US IS GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD YOU AND WYCKES FURNITURE ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION. YOU AND WYCKES FURNITURE WILL PAY EQUALLY FOR THE ARBITRATION SERVICES. 

By clicking agree on this Agreement, You are acknowledging receipt of the Agreement which discloses Wycjes Furniture Terms, conditions, and policies. You understand this Agreement constitutes the entire understanding between You and Wyckes Furniture and may only be amended by a change order signed by You and Wyckes Furniture (or by Professional or its authorized representative on Wyckes Furniture behalf). This Agreement supersedes all prior written or verbal agreements or representations made by Wyckes Furniture, Professional, You, or any one else. Except as set forth in this Agreement, You agree there are no oral or written representations or inducements, express or implied, in any way conditioning this Agreement, and You expressly disclaim their existence. By agreeing, you acknowledge that You have read, understand, and accept this agreement in its entirety. You further acknowledge completely reading. Keep it to protect Your legal rights.