Wholesale Terms of Service

WHOLESALE PURCHASING AGREEMENT

PACKAGE SAVINGS UP TO 48% LESS THAN OUR ALREADY LOW RETAIL PRICING, TIERED PRICING, THE MORE YOU BUY THE MORE YOU SAVE.

SHAY FURNITURE DOES NOT BUILD, CONSTRUCT, ASSEMBLE ANY GOODS. WHOLESALE BUYER WILL RECEIVE ALL GOODS IN THEIR ORIGINAL MANUFACTURER WRAP, BOXING, PACKAGING, ETC.

90 DAY NON-TRANSFERABLE WARRANTY

SHAY FURNITURE WILL PROVIDE 90 DAYS OF WARRANTY SERVICES. SOME EXAMPLES ARE, BUT NOT LIMITED TO:

MANUFACTURER WORKMANSHIP ISSUES

CORRESPONDENCE FOR MANUFACTURER WORKMANSHIP ISSUES WARRANTY, MISSING HARDWARE, MISSING PIECES, UNDAMAGED EXTERIOR BOX WITH DAMAGED GOODS INSIDE.

NO EXTENDED WARRANTY PROGRAMS ARE AVAILABLE

 

 

AS A WHOLESALE BUYER, I/WE AGREE TO THE FOLLOWING:

Welcome to the Shay Furniture, website located at shayfurniture.com (hereinafter "We", "Us", "Our") and thank You (any visitor to Our web site) for considering Our products and services.

Upon registration or creation of an account, You hereby agree to the terms and conditions of this Terms of Service (hereinafter "Agreement") which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us.

Intended For Users that are Residents of North America and are Over 18

Our services are available and may only be used by, individuals who are residents of North America and who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old, that you reside in North America, and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.

License and Site Use

We grant You a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with Our express written consent and the express written consent of Shay Furniture Co., LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent of and the written consent of Shay Furniture, LLC. You may not frame or utilize framing techniques to enclose any of Our trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing Our name or trademarks without Our express written consent. Any unauthorized use terminates the permission or license granted by Us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Our home page so long as the link does not portray Us, Our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use Our logo or other proprietary graphic or trademark as part of the link without express written permission.

Product or Pricing Inaccuracies

While we take every precaution to ensure all products and pricing are correct on Our web site, mistakes do occur. Should You find a mistake please contact Us at greg@shayfurniture.com. Prices and the availability of products and Our services are subject to change without notice. Despite Our best efforts, we will, from time to time, make pricing mistakes. We will endeavor to promptly correct any mistakes as we become aware of them. We reserve the right to revoke any offer and/or correct any error at any time, including after an order has been submitted and even in the event that Your method of payment has been charged. Any disputes related to pricing will be resolved at Our sole and complete discretion.

 

Severability

If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of the Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.

Headings

Headings

The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.

Agreement Updates

This Agreement is effective as of September, 1st , 2012. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Web site.

 

 

Screen Name and Passwords

You hereby agree that You are responsible for all actions taken under Your Screen Name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.

Purchase Policy

Our goal at shayfurniture.com is to make Your purchasing experience easy and efficient. If You have any questions about Our purchase policies, please contact Us at greg@shayfurniture.com.

Sales Tax

Any and all sales or use tax will be Your responsibility. Sales tax calculations on the web site are an estimate only. Your true sales tax, if applicable, will be calculated and presented to You at the time of product purchase/ delivery.

Shopping Cart

We maintain a PCI compliant shopping cart. The Payment Card Industry Data Security Standard (PCI DSS) is a set of requirements designed to ensure that all companies that process, store or transmit credit card information maintain a secure environment.

When You make purchases from Us using Your major credit card, You agree to honor the terms and conditions of Your cardholder agreement.

Return Policy

 

Refunds will be handled according to Our store's policies. Please contact greg@shayfurniture.com for a copy of Our store's policies in writing. Below contains most, but not all policies.

REFUND & EXCHANGE POLICY: A refund or exchange may be requested at any time prior to your receipt of merchandise. Your refund will include taxes paid. After your receipt of merchandise, Shay Furniture Co, LLC reserves the right to refuse returns, exchanges and refunds. Should a refund request be refused, the returning party may submit a written appeal request within seven (7) business days to be reviewed by the majority owner of Shay Furniture Co, LLC. The requesting party shall be notified of the final decision within seven (7) business days once the request is received. Except where prohibited by law, a 40% restocking fee will be charged on returned merchandise and/or cancelled orders. Refunds may only be made if merchandise is in “as-new” condition, meaning product is in its original packaging. “As-Is” and “One Only” items are not refundable or exchangeable. Mattresses and box springs must have law tags attached, be in their original, sealed factory wrapping, and be in sanitary condition, clean and free of tears, burns and stains of any kind to be eligible for return. Refunds will be in the same form your original payment and issued only to the individual(s) listed in the invoice, except for cash. If your original payment was a cash payment AND your refund exceeds $150, a refund check will be issued by Shay Furniture Co, LLC within 10 business days and will be mailed to you by the store.

GUARANTEE OF FABRICS: Since manufacturers of upholstered fabrics do not guarantee their merchandise from shrinkage, color fastness, or quality wearing, we are unable to consider adjustments, claims or credits for fabric merchandise.

COMMERCIAL SALES: The use of merchandise other than for household purposes voids all warranties.

MERCHANDISE PICKED UP BY CUSTOMER: Stores do not have the ability to hold merchandise past the scheduled date of pickup. If you are unable to pick up merchandise on your scheduled date, please notify the store immediately. Except where prohibited by law, there will be a 40% restocking fee on merchandise that has been returned to stock. At the time of pick up, inspect your merchandise for any visible signs of defect prior to departing the store. It is your responsibility to properly secure and tie down merchandise to your vehicle. Shay Furniture Co, LLC associates may assist in loading merchandise but reserves the right to refuse loading merchandise which may result in injuries or property damage. Shay Furniture Co, LLC will not be responsible for any damage or loss caused to customer merchandise and/or any vehicles during the loading or transportation of your merchandise. It will be your responsibility to return any merchandise to store for warranty service or any other service.

WARRANTY: Under conditions of normal usage Shay Furniture Co, LLC will conduct repairs on any defect in workmanship deemed reasonable by the acting store manager for a reasonable fee, so long as the merchandise carries a valid warranty by Shay Furniture Co, LLC. Shay Furniture Co, LLC will not perform work or repair any furniture which may cause a hazard to our employees or our property. Warranty does not apply to furniture that has been heavily soiled, stained, intentionally misused, altered, improperly cleaned, infested, damaged in transit, or otherwise damaged in a way that is not the result of defect in the workmanship of the product. If the item cannot be repaired to factory specifications, the item will be replaced with the same or comparable merchandise of equal value. If the same item is not available, Shay Furniture Co, LLC may issue a pro-rated IN STORE CREDIT towards new merchandise. Transportation to or from Shay Furniture for repair is the customers responsibility, fees will be charged to customer if Shay Furniture Co, LLC provides transportation of warranted product or a onsite repair is requested by wholesale buyer. 

“AS-IS” items carry no warranty and sale is final except where prohibited by law. For warranty claims on mattresses or box springs refer to Manufacturer’s Warranty brochure for more information.

WARRANTIES CONTINUED:

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

PRODUCT INFORMATION AND DESCRIPTIONS -- WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE. WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS, SPECIFICATIONS OR OTHER CONTENT OF THIS SITE ARE ERROR FREE, ACCURATE, COMPLETE, RELIABLE, OR CURRENT. IF A PRODUCT OFFERED OR SOLD BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION IN ACCORDANCE WITH OUR RETURN POLICY.

 

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.

 

Rebates

We provide You every opportunity to save on Your purchase. We offer rebates directly from the manufacturers and from Our buying groups. Most rebates and coupon offers are subject to their own terms and conditions as specified by the rebate sponsor and processor. If You have any questions on Our rebates, please contact us at greg@shayfurniture.com.

 

 

Product or Pricing Inaccuracies

While we take every precaution to insure all products and pricing are correct on Our web site, mistakes do occur. Should You find a mistake please contact Us at greg@shayfurniture.com. Prices and the availability of products and Our services are subject to change without notice. Despite Our best efforts, we will, from time to time, make pricing mistakes. We will endeavor to promptly correct any mistakes as we become aware of them. We reserve the right to revoke any offer and/or correct any error at any time, including after an order has been submitted and even in the event that Your method of payment has been charged. Any disputes related to pricing will be resolved at Our sole and complete discretion.

Trademarks

Shay Furniture and Shay Direct is a Trademark of Shay Furniture Co, LLC 

 

 

 

Indemnification

You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.

Force Majeure

 

Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.

Assignment

You may not assign Your rights or obligations under this Agreement without Our prior written consent.

Disputes

In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at greg@shayfurniture.com prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. Any resolution to Your dispute will be considered by Us in good faith and You agree to abide by Our decision. Should You seek a remedy in a court of law, it will be Your responsibility to pay Our legal fees. In addition, You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of Our web site are governed by the laws of the State of Delaware, and the New Castle County Court of Chancery of the State of Delaware will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys' fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement. You understand and agree that Retailer Web Services, LLC and Evolution Vertical LLC, merely maintains the web site for Us and is not a party to this contract.

License and Site Use

We grant You a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with Our express written consent and the express written consent of Retailer Web Services, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent of and the written consent of Shay Furniture, LLC. You may not frame or utilize framing techniques to enclose any of Our trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing Our name or trademarks without Our express written consent. Any unauthorized use terminates the permission or license granted by Us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Our home page so long as the link does not portray Us, Our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use Our logo or other proprietary graphic or trademark as part of the link without express written permission.

Shay Furniture respects your privacy and use your information with discretion. Some of the ways we use your information is to deliver a high-quality shopping experience, communicate with you, and assist you as you search for the products and services we provide.

Your Privacy Rights You have the right to:

• Request we disclose the personal information we collect about you.
• Request we delete any personal information we collect about you.
• Opt-out of any sale of Your information.

Shipping policy

LOCAL DELIVERY ONLY AT THIS TIME WITHIN A 100 MILE RADIUS OF OUR STORE OR SCHEDULE A PICK UP AT OUR STORES LOCATION. 

LOCAL DELIVERY IS QUOTED AT CHECK OUT BASED ON SIZE, QUANTITY, WEIGHT AND DISTANCE FROM STORE.

Privacy policy

Shay Furniture respects your privacy and use your information with discretion. Some of the ways we use your information is to deliver a high-quality shopping experience, communicate with you, and assist you as you search for the products and services we provide.

Your Privacy Rights You have the right to:

• Request we disclose the personal information we collect about you.
• Request we delete any personal information we collect about you.
• Opt-out of any sale of Your information