TERMS:THIS contract covers only the Buyer’s online purchase from Half Price Mattress of the listed merchandise. The word BUYER means anyone who electronically signs this contract as a Buyer. The word Half Price Mattress refers to 1/2 Price Mattress. The property I am buying is called GOODS or MERCHANDISE. Buyer understands that every person who electronically signs this contract will be jointly and severally responsible for its performance.
PAYMENT: Payment in full must be placed and maintained on all contracts. There will be a charge of $50.00 assessed on Buyer’s check if returned by the bank. Payments may be made at any Half Price Mattress locations or online via 561beds.com.
All monies tendered will be immediately deposited by Half Price Mattress. Any payments made online will be deposited as soon as Half Price Mattress receives them from Half Price Mattress payment processor. Buyer may make a payment at any Half Price Mattress location so long as it is completed within seventy two (72) hours of purchase. Errors in pricing or arithmetic are subject to correction. Half Price Mattress price guarantee is limited to a seven (30) day period after delivery.
CANCELLATION: Buyer has the right to cancel this contract within three (3) days from the date of purchase and obtain a full refund as long as the merchandise has not been delivered. If deposit was made by cash or check, Buyer will allow ten (10) banking days to obtain a refund from Half Price Mattress. Cancellation of this stock merchandise sales contract after three (3) days will result in a store credit valid for six (6) months equal to the amount of Buyer’s deposit less any applicable handling fees. After six months any remaining credit will be retained by Half Price Mattress as liquidated damages to cover storage and administrative costs.
DELIVERY: BUYER’S RESPONSIBILITIES FOR DELIVERY OF MERCHANDISE ARE OUTLINED IN THE HOME DELIVERY RESPONSIBILITY SHEET. ANY VISIBLE DAMAGE OR DEFECT MUST BE NOTED AT THE TIME OF DELIVERY.
ALL ORDERS MUST BE PAID IN FULL BEFORE DELIVERY CAN BE SCHEDULED.
Half Price Mattress does not guarantee a delivery date at time of order and it is subject to availability. A Half Price Mattress salesperson will contact Buyer to set up delivery of the merchandise after the order is received. Sales orders are processed as soon as they are received. Half Price Mattress FURNITURE SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DAMAGES AS A RESULT OF ANY DELIVERY DELAYS.
If, after delivery of Buyer’s purchase, Buyer should find any concealed damage in the merchandise, Buyer must report it to Half Price Mattress within forty-eight (48) hours of delivery in order to receive free in home service. Properly reported damages or defects will be corrected to manufacturer’s specifications by repair or replacement solely at Half Price Mattress’ option.
Buyer agrees that Buyer (or Buyer’s adult representative 18 years of age or older) must be home to accept delivery or service of the merchandise. Any visible damage or problems must be noted on the shipping ticket at the time of delivery. If no adult is present, Half Price Mattress will not deliver or service the merchandise and Buyer will forfeit the complete delivery charge. Pets must be restrained during all deliveries.
All purchases must be delivered within thirty (30) days. Orders held beyond this point will be assessed a 5% per month storage charge.
Buyer is responsible for all measurements to ensure merchandise will fit its intended space and through any access points. All merchandise sold is for residential use only. Buyer assumes all risks if merchandise is not suitable for its intended location.
SERVICE: : Any service order related to this sales contract will be held open for thirty (30) days. If no attempt to schedule service is made the service order will be closed and the service issue considered resolved.
RETURNS: AFTER DELIVERY ALL SALES ARE FINAL, NO RETURNS ARE ALLOWED. NO REFUNDS ON ANY DELIVERED MERCHANDISE. Buyer may reselect a purchase for different merchandise within 72 hours of delivery if the merchandise was not as expected, subject to the following conditions: 1) Delivery fees are not refundable. 2) Any returned merchandise must be in new condition. Half Price Mattress has the right to refuse a reselection based on the condition of the merchandise. 3) No reselections accepted 72 hours after delivery. 5) Buyer agrees to pay any related pick up charges.
NO ALTERATIONS: : No employee of Half Price Mattress is authorized to make any changes in the terms specified herein.
FABRIC WARRANTY: FABRICS HAVE LIMITED WARRANTIES FROM THE MANUFACTURERS AND Half Price Mattress ASSUMES NO LIABILITY BEYOND THESE WARRANTIES. SPECIFIC EXCLUSIONS ARE WEARABILITY, FADING, STRECHING, SOILING, PILING AND COLOR FASTNESS. SEE Half Price Mattress LIMITED WARRANTY FOR ADDITIONAL DETAILS.
WARRANTY: Twelve month in home warranty is included with all online purchases within Half Price Mattress local delivery area. If merchandise is damaged upon delivery, Half Price Mattress has the right to exchange the merchandise before taking an order cancellation or providing service by sending a technician to Buyer’s home if the repair can be made there. Dye lots are not guaranteed to match if ordered at different times.
AVAILABILITY ERRORS: Half Price Mattress does not guarantee the immediate availability of merchant dise for online purchase. Online stock availability is subject to verification and correction by Half Price Mattress.
TECHNICAL ERRORS: Any errors that may arise with a purchase which arise due to any technical errors are subject to correction at the sole discretion of Half Price Mattress, which may include cancellation of any online purchase.
THE BUYER WILL PAY ANY ATTORNEYS’ FEES AND/OR COURT COSTS INCURRED IN THE COLLECTION OF UNPAID BALANCES REGARDLESS OF WHETHER SUIT IS FILED TOGETHER WITH STATUTORY INTEREST. EXCLUSIVE VENUE FOR ANY ACTION RELATING TO THE ENFORCEMENT OR INTERPRETATION OF THIS AGREEMENT SHALL BE IN THE COURT OF COMPETENT JURISDICTION IN AND FOR BROWARD COUNTY, FLORIDA. CUSTOMER WAIVES THEIR RIGHT TO A JURY TRIAL IN ANY LAWSUIT RELATING TO THIS AGREEMENT. IF ANY PROVISION OF THIS AGREEMENT SHALL BE DETERMINED TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL BE UNAFFECTED THEREBY AND SHALL REMAIN IN FULL FORCE AND EFFECT. THIS AGREEMENT SHALL BE BINDING UPON AND SHALL INURE TO THE BENEFIT OF THE RESPECTIVE PARTIES AND RESPECTIVE ADMINISTRATORS, EXECUTORS, OTHER LEGAL REPRESENTATIVES, HEIRS, SUCCESSORS AND PERMITTED ASSIGNS. NO MODIFICATION OR WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS SUCH
By Electronically signing this document Buyer agrees they have read and agree to these Terms & Conditions as well as the Home Delivery Responsibility Sheet.