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Terms and Conditions
BLACKLION is committed to
customer service! Please read through our Terms and
Conditions below and let us know if you have any questions or
concerns. Call toll free 866 466 5466 with any questions.
Thanks for allowing BLACKLION to be your discount furniture
resource!
Terms and Conditions
BLACKLION warranties that delivered goods will meet manufacturers
warranty standards. If your furniture arrives damaged, it will be
the responsibility of BLACKLION and/or the Delivering Agent and/or
the manufacturer to repair or replace the damaged pieces. BLACKLION
reserves the right to repair any damages. If a repair isn't possible
then a replacement piece will be ordered. Should a piece arrive with
damage, the customer is responsible for indicating the nature of the
damage on the delivery paperwork and notifying BLACKLION within 48
hours. Please call us at 866 466 5466 ext.245 or email eisitmen@blacklion.com. BLACKLION
will handle any issues with the factory, delivering agent, or
manufacturer. Please inspect your delivery promptly and carefully.
Replacement orders typically will ship in the same length of time as
the original order. All damage or other problems must be noted in
writing on the bill of lading before signing. It is the customer's
responsibility to thoroughly inspect all furniture at the time of
delivery and make appropriate notations on the delivery paperwork.
It is also the customer's responsibility to notify BLACKLION within
48 hours of the delivery of any damage. Refunds/returns relating to
damage will only be issued/accepted as a result of our inability to
repair/order/reorder an item. Issues arising after 48 hours are
considered warranty issues.
Warranty
Product warranties are provided by the manufacturer and are
generally limited to defects in materials and craftsmanship. The
manufacturer's warranty begins when the merchandise is delivered.
BLACKLION provides no warranties either expressed or implied,
including but not limited to, implied warranties of merchantability
or fitness for a particular purpose. All such warranties are
expressly and specifically disclaimed. BLACKLION shall not be
responsible for any indirect, special or consequential
damages. Customers that reside in "remote" or other areas not
accessible by an authorized restoration center will be responsible
for any trip and travel charges incurred in the warranty claim
process
Disclaimer
Please note that BLACKLION cannot guarantee that any particular
finish on any product will match exactly to the same finish which
may have been seen locally. Wrought Iron Products: Finishes may vary
due to differences in dye lots, climate, and the uniqueness of the
artisans hand applied application. Leather Products: Natural marking
such as scars, brands, wrinkles, grain variations, etc., will be
considered normal characteristics and not construed as defects.
Since no two cows are identical, no two cow hides will be exactly
the same. Natural markings and color variations can and will occur.
As all dye lots are different, an exact color match cannot be
guaranteed to any sample you may have seen. Sample swatches are to
be used as a starting reference point only. Because of the natural
characteristics of leather as well as variation in the tanning
process, the final leather goods may vary in color, texture, natural
markings and sheen (level of gloss). This variation does not
constitute a reason for return. Wooden Products: Due to the natural
characteristics of wood, there may be variations in color, grain,
sheen, and sizes. Sizes: Any and all sizes are those listed by the
manufacturer. Actual sizes may vary slightly within industry
standards and are understood and accepted.
Delivery
All "White Glove" deliveries are configured for normal conditions.
Additional charges may apply for unusual delivery conditions not
disclosed at the time of order. Unusual conditions may include, but
are not limited to, excessive toll roads, ferries, areas where the
delivery vehicle cannot access due to road conditions or weather
conditions, narrow driveways, very steep driveways or access roads,
very narrow stairways, circular or spiral stairways, stairways with
narrow transitions, more than two flights of stairs, narrow doorways
or openings. You will be contacted 1 to 10 days prior to delivery to
arrange a delivery window. BLACKLION does not guarantee exact time
or day of week deliveries. Normal deliveries are scheduled between
9-9, 7 days per week for white glove deliveries and from 9-5 Mon-Fri
for basic curbside deliveries. Special arrangements made to
accommodate a specific day or time will incur an additional
charge.
All in-home and set-ups are configured for two person hand carried
scenarios. No provisions are allowed for machinery, ropes or hoists
to be used; nor removal of any doors or windows to allow access. It
is the customer's responsibility to have any rooms ready to accept
the furniture. The customer is responsible for understanding the
furniture dimensions and measuring his/her home to insure that the
furniture ordered will fit in the designated areas. Delivery
personnel will not hang items. Delivery personnel will not assemble
cribs due to liability. If additional assistance is required,
customer must assume responsibility of all additional charges
incurred. Any furniture refused by a customer because it will not
fit in a designated room will be subject to a 30% restocking fee
plus actual freight charges incurred by BLACKLION
If your order specifies "curbside" delivery, then the shipping
company will be responsible for delivering your furniture only to
the curb, front door, garage or other protected area at their
discretion. Please be prepared to move the furniture promptly into
your home. Neither white glove nor curbside delivery companies will
discard packing materials. All delivery times are estimates based on
the manufacturer's and delivering agent's current lead times.
BLACKLION will do everything possible to insure that the delivery
meets the expected time frame, but cannot be held responsible for
delays caused by the manufacturer, supplier or delivery agent.
Representations
You hereby represent and warrant to us that this Agreement has been
duly and validly executed and delivered by you and constitutes your
legal, valid and binding obligation, enforceable against you in
accordance with its terms; and that the execution, delivery and
performance by you of this Agreement are within your legal capacity
and power, have been duly authorized by all requisite action on your
part, require the approval or consent of no other persons, and
neither violate nor constitute a default under the (i) provision of
any law, rule, regulation, order, Judgement or decree to which you
are subject or which is binding upon you, or (ii) the terms of any
other agreement, document or instrument applicable to you or binding
upon you.
Venue
This Agreement will be governed by the laws of the United States and
the State of North Carolina, without reference to rules governing
choice of laws. Any action relating to this Agreement must be
brought in the federal or state courts located in Charlotte
(Mecklenburg County), North Carolina, and you irrevocably consent to
the jurisdiction of such Courts. This Agreement will be binding on,
inure to the benefit of, and enforceable against the parties and
their respective successors and assigns. Our failure to enforce your
strict performance of any provision of this Agreement will not
constitute a waiver of our right to subsequently enforce such
provision or any other provision of this Agreement. Reasonable
attorney fees and collection costs will be assessed to and paid by
the customer where a) there is any past due unpaid balance or where
a claim or action is brought in any other jurisdiction. Customer and
BLACKLION agree that a signed faxed copy will be deemed as an
original. Customer and BLACKLION agree that no oral agreements or
modifications will be accepted or effective. This document contains
everything agreed upon. Any deviation from these terms must be
written and signed by both parties.
Sales Tax
BLACKLION will collect the applicable sales tax for any shipment to
an address within North Carolina or Tennessee. Sales tax will not be
collected for shipments to other states. It is the customer's
responsibility to understand and remit sales tax in accordance with
the laws of their home state.
Order Cancellation
Once your order is placed with BLACKLION, we will submit it to the
manufacturer on your behalf. At this point, BLACKLION is financially
obligated to purchase the furniture from the manufacturer. For this
reason, we don't accept order cancellations. Any exception to the
cancellation policy will be solely at BLACKLION's discretion. If
BLACKLION deems it appropriate to cancel an order, it will be
subject to a 30% cancellation / restocking fee as well as actual
shipping charges.
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