Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law and are applicable for orders placed over the internet, phone, or fax. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.DefySupply.com. The collective work includes works that are licensed to www.DefySupply.com. Copyright 2003, www.DefySupply.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.DefySupply.com or purchasing www.DefySupply.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.DefySupply.com or to purchase www.DefySupply.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.DefySupply.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Free Shipping
Free Shipping refers to only the 48 contiguous states. For all other states and countries, the extra fees will be assessed upon delivery. Any additional taxes, brokerage fees and shipping costs associated with shipping to another country, outside of the USA, will be charged to the customer. Delivery charges to both USA and foreign countries displayed upon checkout are merely approximations. All users acknowledge the 4-6 week estimated delivery time is merely an estimate. For custom orders, (when changes are made to the size, color, or shape of an item) often orders take longer than the estimated 4-6 week delivery. DefySupply will make a good faith effort to expedite merchandise, however delays from outside manufacturers, carriers and shippers may occur.
Damages
All products are fully inspected and in perfect condition before being
shipped out. When the merchandise is received, we ask that you inspect
the inside and outside of the cartons for any shipping damage. In the event there
is noticeable damage (even if it is only slight) to the cartons, contents, or
packaging, or you receive the incorrect product, please note it on the
freight bill as "DAMAGED IN TRANSIT" and report the damage to us within
24 hours. This is VERY important. If you do not write this on the
freight bill and contact us, we cannot guarantee that your delivery
will be repaired, replaced, or otherwise remedied. If you return a
damaged item without receiving authorization from us, the return will
not be accepted and you will be responsible for the cost to reship the
item per our standard return policy. Failure to write "DAMAGED IN TRANSIT" will release DefySupply from all damage liabilities. DefySupply is only responsible for the damaged or missing item and not the other non-damaged, or non-missing pieces. DefySupply retains the right to re-order and re-deliver the missing or damaged item.
If your order is damaged you must email us a clear picture showing the damage within 24 hours of receiving your order. Please also retain the original packaging unless otherwise directed by our customer service department. Once FedEx or our other carriers picks up the item and bring it back to our distribution facility, you may either re-order the unusable, damaged, defective or incorrect product, at no charge, or receive a refund less a 20% restocking fee.
Large items that are delivered by a heavy freight company should
be accepted regardless of damage. Please note the damage on the freight
receipt, and report it to us within 24 hours. Failure to note damage to
the product or packaging prior to the delivery company leaving the
premises will release DefySupply from all damage liabilities. Smaller items that ship via FedEx ground will be left at your door without a signature required. If you do require a signature, contact FedEx once you have received your tracking number.
In cases
when the listed shipping destination is an outside carrier that we did not subcontract (3rd party broker, ferrys, etc), we are only responsible for items until they arrive at the provided shipping address. We are not responsible for any
damage that may occur from the mid-point shipping address to the final destination.
Currency
DefySupply is not responsible for an increase or decrease in the customer's foreign currency against the US Dollar. If there is a refund issued, it will be in the same amount of US Dollars as when the order was placed.
Phone Orders If you place an order over the phone you are responsible to review the order and ensure accuracy within 24 hours of processing. We will not be responsible for phone orders received incorrectly.
Cancellation Policy Cancellation policy (excluding sofas and sectionals): If you
choose to cancel your order after it has been placed, you are eligible for a 80% refund in the form of store credit. All cancellations must be communicated to us via email and sent to either: customerservice@defysupply.com or sales@defysupply.com and must be done within 24 hours of purchase, including weekend purchases.
Cancellation policy
for sofas and sectionals: Canceled orders of sofas and sectionals that
have not yet left the manufacturer will merit a 80% refund in the form
of store credit. Orders of sofas or sectionals that have left the
manufacturer and are in transit will merit a 70% refund in the form of
store credit. All Store Credit expires 1 year after issue - regardless of the reason it was issued.
Return Policy
If you are simply unhappy with the product customers may return any item within 14 days of delivery. You would be responsible for a 20% re-stocking fee and round trip shipping fees. All returns must be returned in their original packaging.
DefySupply retains the right to distribute refunds via Check. Settlement and refund checks are issued with the understanding that no other party has asserted, or will assert a claim or cause of action related to your settled shipment. Resolution of a case is finalized once the customer accepts and deposits our refund checks. Settlement and refund checks are an attempt to compromise on a disputed claim, and is not an admission of liability. Acceptance of our settlement or refund checks releases any and all salvage rights of the shipment in question and precludes the customer from issuing further claims against DefySupply, it's parent, subsidiaries and affiliates.
Re-Delivery/Re-Routed/Refused Shipments
Our freight
carrier will contact you to arrange an appointment to deliver your
order. If you are not home at this agreed upon delivery time or if you
tell the carrier to come back at a later time (for any reason), you may
be charged a $55 - $120 fee for re-delivery. The decision
to schedule and attempt a re-delivery will be made solely at the
carriers discretion.
If you choose to re-route your shipment to be delivered to a different address, you will be responsible and charged for any and all re-routing fees charged by the carrier.
If you refuse a shipment not due to damage or defect, you will be responsible for the full purchase price of your order in addition to round trip freight costs associating with having your order shipped back to us. You will all be responsible and liable for all warehouse fees incurred by the freight company in storing/warehousing your order.
Custom Items: Under no circumstances can we accept returns on custom orders 24 hours after they have been placed. Please call us before you place
your order if you'd like more details on a specific product's return
policy.
Customized items include: changing the color (differing from the stock picture online) or the layout of an item. Clearance and/or Fast Ship items cannot be returned or exchanged, no exceptions. Also important to note is that custom order often times can take longer to produce and ship than non-customized orders.
Items that Do Not Fit: In the event the
furniture does not fit into the room or into your house, the delivery
company will not return the merchandise without an authorization from DefySupply.com. In this case, the customer is responsible for the
freight cost both ways and a 20% restocking fee, no exceptions.
Trademarks
All trademarks, service marks and trade names of www.DefySupply.com used in the site are trademarks or registered trademarks of www.DefySupply.com
Warranty & Cancellation Disclaimer
By agreeing to these terms and conditions, you recognize that our estimated arrival times are purely estimates and we do not, in anyway, guarantee any delivery date. Returns not due to defect or damage merits the customer to pay round trip shipping charges as well as a 20% re-stocking fee. Excluding sofas and sectionals, the customer can cancel an order in transit and receive a 80% refund in the form of store credit. If the sofa or sectional is in transit, the customer would receive a 70% refund in the form of store credit. Gift cards are not able to be canceled. If the customers order is damaged or defective, a damage claim must be reported within 24 hours of delivery and the customer will receive follow-up for that specific item, and not the other items that are not defective or damaged. If the customer is making a claim of defect, we will arrange to have the defective item picked up as long as we are emailed, at, customerservice@defysupply.com a clear picture showing the damage. We cannot guarantee the exact dimensions of our products. Due to the manufacturing process, it is possible that there can be slight differences in the quoted vs. actual dimensions. If a quality or color related issue is being filed within 30 days of receipt of merchandise, you agree to bear the freight costs of transit back to our nearest warehouse facility. If our inspectors confirm there is a quality related defect, or substantial color difference, you may re-place the original order at no charge, or receive a full refund. This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.DefySupply.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.DefySupply.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.DefySupply.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If a fraudulent chargeback takes place from the customer which violates these terms and conditions, www.DefySupply.com has the right to pursue legal recourse for losses, damages and legal fees and the customer loses all warranty rights.
Colors/Shades/Inspections
When changing the color of your sofa or sectional, the color that you choose, unless otherwise stated, will be applied to the complete sofa or sectional. We
do not guarantee color, tone, shades, or finishes on any item because
screen settings may vary from computer to computer. For the best
depiction of item color, set your screen so that other items in the picture
seem to be in their natural color. If you are trying to match items
with other items you already have, you must do so at your own risk.
Please read our return policies before making a purchase. Additionally,
when purchasing items made with leather
please be advised that color shades can vary from dye lot to dye lot. If you believe there is a color discrepancy, and you are receiving a large item, such as a sofa or sectional sofa that requires in-home delivery, you MUST write in the discrepancy on the delivery receipt. Failure to do so will release www.DefySupply.com of all liability.
A manufacturer defect or color related issue can be filed within 14 days of receipt of merchandise, you agree to bear the freight costs of transit back to our
nearest warehouse facility. If our inspectors confirm there is a
quality related defect, or substantial color difference, you may
re-place the original order at no charge, or receive a full refund.
Limitation of Liability
www.DefySupply.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.DefySupply.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no case shall www.DefySupply.com be held liable in case of later delivery than quoted.
Typographical Errors
In the event that a www.DefySupply.com product is mistakenly listed at an incorrect price, or with an incorrect descriptor, www.DefySupply.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price or description. www.DefySupply.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.DefySupply.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated or changed by www.DefySupply.com without notice. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
www.DefySupply.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.DefySupply.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.DefySupply.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.DefySupply.com products) must be commenced within one (1) year after the claim or cause of action arises. www.DefySupply.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.DefySupply.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.DefySupply.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
www.DefySupply.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.DefySupply.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.DefySupply.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.DefySupply.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless www.DefySupply.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, www.DefySupply.com may link to sites operated by third parties. However, even if the third party is affiliated with www.DefySupply.com, www.DefySupply.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.DefySupply.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.DefySupply.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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