Terms & Conditions

Terms of Use

Please Read Carefully Before Using This Website:

The Futon Place, Inc. maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of bunkbedsfutonsandmore.com. If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website

A. TERMS APPLICABLE TO ALL USERS

1. Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.

For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your [clicking the "I AGREE TO THE TERMS OF USE" button at the end of these Terms of Use].

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Changes To Terms

The Futon Place, Inc.  may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction

The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. The Futon Place, Inc. makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use and User E-Mail

You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy . You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. The Futon Place, Inc. shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of The Futon Place, Inc.  is strictly prohibited.

5. Copyrights and Trademarks

The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include The Futon Place, Inc. ’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of The Futon Place, Inc. 

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of The Futon Place, Inc. . You may not use a part of this Website on any other Website, without The Futon Place, Inc. ’s prior written consent.

The Futon Place, Inc.  respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of The Futon Place, Inc. is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at bunkbedsfutonsandmore@gmail.com

6.  Links

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only.  However, The Futon Place, Inc. does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to The Futon Place, Inc. ’s website and the products and services The Futon Place, Inc.  offers.  If you decide to access any of the third party sites linked to this Website, you do so at your own risk.The Futon Place, Inc. reserves the right to terminate any link or linking program at any time. The Futon Place, Inc. disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without The Futon Place, Inc. ’s written permission. If you are interested in linking to this Website, please contact bunkbedsfutonsandmore@gmail.com.

7.  No Unlawful Or Prohibited Use
 

As a condition of your use of the Website, you warrant to The Futon Place, Inc.  that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

8.  Spamming

Gathering email addresses from The Futon Place, Inc.  through harvesting or automated means is prohibited.  Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.  Inquiries regarding a commercial relationship with The Futon Place, Inc.  should be directed to: bunkbedsfutonsandmore@gmail.com

 

9.  No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH THE FUTON PLACE, INC. EXPRESSLY DISCLAIMS.THE FUTON PLACE, INC.DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND THE FUTON PLACE, INC.WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. THE FUTON PLACE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE FUTON PLACE, INC.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10.  Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of  Florida USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

11. Separate Agreements

You may have other agreements with The Futon Place, Inc. . Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with The Futon Place, Inc. 

12.  DMCA  Copyright Policy and Copyright Agent

The Futon Place, Inc. respects the intellectual property rights of others.  If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

(i)         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii)   Identification of the copyrighted work claimed to have been infringed.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.

(iv)       Address, telephone number, and, if available, an electronic mail address where we may contact you.

(v)        A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

The Site’s Copyright Agent can be reached at:

            Mr. Gigliotti

            1233 Sand Lake Road #3, Orlando, Florida. 32809

            407-888-3300

            407-888-3311

            bunkbedsfutonsandmore@gmail.com

13. U.S. Resident

You represent that you are a United States resident.

14. No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

15. Users Disputes

You are solely responsible for your interactions with other Users. The Futon Place, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Users.

16. User Submissions And Communications; Public Areas:

You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify The Futon Place, Inc.  or its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to The Futon Place, Inc.  by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted [Company Name] a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Futon Place, Inc.  may sublicense its rights through multiple tiers of sublicenses.  If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to The Futon Place, Inc. by email. We try to answer every email in a timely manner, but are not always able to do so.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed.  Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. The Futon Place, Inc. has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

The Futon Place, Inc. reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public chat rooms.

  2. Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

  3. Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.

  4. Terminate a Member's access to any or all Public Areas and/or the The Futon Place, Inc. Site upon any breach of these Terms of Use.

  5. Monitor, edit, or disclose any communication in the Public Areas.

  6. Edit or delete any communication(s) posted on the The Futon Place, Inc. Site, regardless of whether such communication(s) violate these standards.

The Futon Place, Inc. reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. The Futon Place, Inc.  has no liability or responsibility to users of the The Futon Place, Inc. Website or any other person or entity for performance or nonperformance of the aforementioned activities.

17. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any The Futon Place, Inc.  confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Orange County, Florida, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes here under shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

18.  Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. THE FUTON PLACE, INC.SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF THE FUTON PLACE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY THE FUTON PLACE, INC.. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

19. Indemnity

You agree to defend, indemnify, and hold [The Futon Place, Inc. , its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

20. Returns

We do NOT offer returns, refunds, or exchanges on ANY PRODUCT once you have taken possession. Your order my be cancelled within 48 hours of purchase for a full refund unless the product has been custom ordered (product we do not have in stock).

21. Manufacturer's Warranties

All warranties are provided by the manufacturer. The Futon Place, Inc. does not offer any product warranties, but will process all manufacturers warranties.

22. Coupons and Discounts

           Any coupon codes or discounts are on the total sale excluding taxes and any delivery charges and may not be combined with any other discounts or coupons.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

23. Accounts And Security

The Futon Place, Inc. does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide The Futon Place, Inc.  with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

  1. select or use a Login Name of another person with the intent to impersonate that person;

  2. use a name subject to the rights of any other person without authorization;

  3. use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.

You shall notify The Futon Place, Inc.  of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.  You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at The Futon Place, Inc. ’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Delivery information: All delivery information is part of our Terms and Conditions. Please read the Delivery Information before making your purchase.

Shipping Policy

Bunkbedsfutonsandmore.com is committed to providing quick and professional delivery of your order. MULTIPLE ITEMS MAY HAVE A SURCHARGE. Most orders ship within 3-10 business days and they are shipped on our own trucks and can be set up will be by our trained installers. An exception to that rule is any delivery going to the Florida Keys (These orders can take up to 4 weeks to complete). Bunkbedsfutonsandmore.com will contact you within 72 hours of your order being placed to set up a delivery date and time as to when our trucks will be in your area. Our delivery days are Monday thru Friday from 8 am until 7 pm. We provide a 3 hour window as to when our drivers will be there. Our Customers will be required to be available the entire 3 hour window. Our drivers will arrive ANYTIME during that 3 hour window. If the delivery time is going to arrive early or late our drivers will contact the customer via phone and or text message with the numbers provided by the customer. CUSTOMERS MUST BE AVAILABLE TO THEIR PHONE BEFORE AND DURING THE DELIVERY TIME. If the customer is not available for the scheduled delivery appointment a second delivery fee will be charged to your order.

Pick Up From Store

All orders that are marked for Pick Up From Store are to be picked up from our Orlando Store located at 1233 Sand Lake Road #3, Orlando Florida, 32809 407-888-3300.Pick up hours are between 10 am - 6:00 pm Monday - Saturday. We will send you an e-mail when your order is complete and ready for pick up. Most orders are available within 1-3 business days.

Delivery Service (Drop Off)

When using our Delivery Service (Drop Off), our drivers will bring the products to the front door or garage. However, our  drivers WILL NOT enter premises, take the products to an interior room or unpack or assemble the products.  Many of our products are shipped via Federal Express, United States Post Office, UPS or other carriers.

Professional Delivery and Set Up

When using our Professional Delivery and Set Up Service our trained installers will bring your products into your home and fully assemble them in a room of your choice. Customers are responsible to note the size and dimensions of the furniture ordered to make sure that it will fit  in the designated room. If the delivery to the designated room involves potential damage to your home the delivery will be made to another room in your home.  Customers are required the have the room ready for the delivery having any existing furniture removed from the room BEFORE we arrive. Our delivery personal WILL NOT help or remove items from the room. ALL BOXES AND PACKING MATERIALS ARE THE RESPONSIBILITY OF THE CUSTOMER---WE WILL CONDENSE THE BOXES AND PACKING MATERIALS AS NEEDED. Most deliveries take about 1-2 hours to complete. Please consider this when scheduling your appointment as the 3 hour window is our arrival time and the actual assembly may take longer. Our installers will attach mirrors to the dresser but WILL NOT HANG THEM on the wall. Most chest come with a safety strap that attaches to the wall and it is YOUR responsibility to attach this strap to the wall. Multiple units may require a surcharge of $30.00-$89.00 per unit. All deliveries are based on ground floor. Additional charges may apply for 2nd and 3rd floor deliveries or when there are long distances from the truck to the delivery area.

Damages

When using our Drop Off Service, Customers are required to inspect all packages and note any damage on our drivers delivery ticket. DO NOT refuse the shipment if there is damage to a product. If we have additional parts we will exchange them out at the time of delivery. If not, we will ship you the replacement parts to you. If there is concealed damage please contact us and send pictures if possible. VERY IMPORTANT-For any product to be returned, damaged or not, PRODUCT MUST BE RETURNED IN IT'S ORIGINAL PACKAGING (NO EXCEPTIONS).

When using our Professional Delivery and Set Up Service, Customers are required to inspect the furniture BEFORE our installers leave, and note any damage on our installers delivery ticket. If there is damage to your products, we will make every attempt to fix the problem. If we are unable to fix the problem we will make another delivery to you, at no cost, to correct the problem.

Product Quality

We strive to maintain the highest quality possible with all of our products. However, with wood products there will be natural blemishes, imperfections, checking (cracks), and uneven finishes that are considered part of the actual nature of the product. This includes knots and indentations. Checking (cracks) may occur from a knot or knots. This is common with wood that is unfinished, stained or painted (Especially White). Checking may occur when a bolt or lag bolt is used especially on non weight bearing pieces.  Furniture markers may be used if needed but, it is the sole discretion for our Trained Delivery Personnel to inform the customer if the imperfection or imperfections are within the normal guidelines of the industry.

High Rises, Condominiums and Gated Communities

The customer is responsible for all requirements, restrictions and any additional constraints that could possibly or delay or hinder the timing for our delivery service including notifying our company of any needed Insurance requirements. Elevators- If an elevator has to be reserved, secured or lined it is the Customers responsibility. Security Gates- It is the Customers responsibility to notify the persons at the gate of our incoming scheduled delivery. Any delays that keeps our Delivery Personnel from being able to perform the delivery in a timely manor will require additional charges as follows: One Delivery Person-$25.00 every 15 minutes, Two Delivery Persons-$50.00 every 15 minutes. There may be an extra charge for High Rises of $25-$50. We'll call and let you know of any surcharge and you will be able to cancel order if you don't accept the surcharge.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at bunkbedsfutonsandmore@gmail.com.