Privacy Policy

 

MONTGOMERY’S FURNITURE TERMS AND CONDITIONS

Thank you for visiting montgomerysfurniture.com. By visiting the montgomerysfurniture.com web site, you agree to abide and be bound by these policies.

1.

GOOD FUNDS/TITLE.If at the time of this purchase Buyer tendered cashto Montgomery’s Furniture (MF), Buyer now owns the merchandise free and clear of any security or claim by MF.

2.

CONDITIONAL FUNDS/SECURITY INTEREST/TITLE.If at the time of this purchase Buyer tendered payment in the form of a check, certified funds, money order or debit or credit card (other than charges made under a Revolving Charge Agreement or Commercial Contract) to MF, Buyer will own the merchandise free and clear of any security interest or claim by MF as soon as MF receives good funds. If Buyer's check is dishonored or MF otherwise does not receive good funds through such methods of payment for any reason, the unpaid balance will bear interest at the maximum legal rate allowed by law from the date of tender. The maximum fee allowed by law will be assessed on any check returned by Buyer's bank without payment. Buyer grants MF a security interest in the merchandise until such time as good funds are received. If MF elects to enforce its rights under this Agreement, including but not limited to, repossessing its collateral, or any other rights with regard to its security under the Uniform Commercial Code and/or applicable law , Buyer agrees to pay reasonable expenses, court costs and attorney fees incurred by MF to the extent allowed by applicable law

3.

INCORPORATION.If at the time of this purchase Buyer was extended credit by MF pursuant to a Revolving Credit Agreement, Commercial Contract or other written agreement, all terms and conditions contained in that agreement govern this sale.

4.

WARRANTIES AND DISCLAIMER. MF makes no warranties as to any merchandise which extend beyond this Agreement or the requirements of applicable law, if any. Upholstery fabric is not warranted by MF except to be in proper condition upon delivery. Except for merchandise sold "As Is," all manufacturers' warranties, if any, apply in accordance with their respective terms and conditions. This warranty provision gives Buyer specific legal rights and Buyer may also have other rights which vary from state to state. Note: To the fullest extent allowed by applicable law, MF disclaims any and all implied warranties of merchantability or fitness for a particular purpose.

5.

LATE DELIVERY. If for any reason certain items are not deliverable with the remainder of Buyer's purchase, Buyer agrees that the cost thereof may be deducted from all calculations shown on the reverse hereof and become the subject of separate calculations with regard to amounts due and taxes. Such calculations, if necessary, will be performed on another document which is incorporated herein by this reference. Buyer agrees that such merchandise remains subject to all other terms and conditions of the original signed document, including all provisions concerning the creation of a security interest herein.

6.

RETURNS AND CANCELLATIONS. All returns and cancellations are subject to approval by MF, and inspection of merchandise. Buyer agrees to and understands the following:

 

a.

Unless otherwise stated below, merchandise may be returned within 30 days of purchase, if in original condition and accompanied by a sales receipt.

b.

Items marked "Clearance," "As-Is" or "Final Sale" may not be returned.

 

c

Buyer agrees to take delivery of purchase within 60 days after merchandise is received by MF; otherwise, Buyer will forfeit any deposit paid and MF may cancel the order and sell the merchandise to a third party.

d.

For all merchandise accepted by MF for return, exchange, or cancellation, Buyer agrees to pay a reasonable restocking and/or pick-up fee to be determined by MF.

         

 

7.

LOST OR DAMAGED MERCHANDISE. Loss or damage to merchandise after Buyer accepts delivery of said merchandise will not release Buyer from the obligation to pay. Buyer agrees and understands that MF is authorized to take all necessary action to perfect and continue perfection of its security interest in all merchandise purchased pursuant to this Agreement. This writing, together with all agreements/contracts/documents referenced above, contains the full, final and exclusive statement of the parties.

8.

MISCELLANEOUS

a.

Pricing or mathematical errors are subject to revision by MF upon written notice to Buyer.

b.

MF reserves the right to demand payment by cash or certified check.

c.

Buyer agrees that a photocopy of this Agreement may be filed as a financing statement.

 

GUARANTEE

FURNITURE/FLOORING/AREA RUGS/ACCESSORIES
If you do not feel that the merchandise you purchased is appropriate in your home, you may return the items for reselection, credit or refund. Items must be returned within 30 days after you receive your merchandise. To receive full credit, all returned merchandise must accompany the original sales receipt and must be in the same condition as when purchased Merchandise not meeting these requirements may not be accepted for return, or will be assessed a restocking charge.
 

EXCLUSIONS

DELIVERY AND PICKUP
• If your merchandise was delivered and you wish to have MF pick up the merchandise from your home, you will be charged for:
1. The original delivery fee.
2. A pickup charge equivalent to the original delivery charge. If you return your merchandise to MF, you will only be assessed the original delivery fee.
3. If you reselect, you will be charged a separate delivery fee on the new order in addition to the above fees.
 

FURNITURE PROTECTION• Once Furniture Protection Care has been picked up or delivered, the charges for this protection are not refundable.
 

PRIVACY
Your privacy and the security of your personal information are very important to us. We want you to be as comfortable as possible visiting our Website. We are dedicated to protecting the privacy of those who visit our Website.  This Privacy Policy governs the MF.com website operated by Montgomery’s Furniture (our “Website”) and explains how we collect your personal information on our Website, how we protect such information, and the choices you have concerning the use of such information.  Please read this Privacy Policy carefully. Except as we disclose in this Privacy Policy, we will not sell, share, license, trade, or rent your personal information to others.

We may amend this Privacy Policy from time to time.  We will post any changes to this Privacy Policy here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone.  Please refer back to this Privacy Policy on a regular basis.  By using our Website or any of our features, tools or resources that we provide on our Website, including without limitation, any fee based products or offerings (collectively, our “Online Products”), you agree to the terms of this Privacy Policy.

Please remember that this Privacy Policy applies only to information collected by our Website.  We are not responsible for the privacy of any information you reveal or post in any public forum (e.g., message board or chat room), or for the privacy practices of websites that are operated or owned by third parties.

 

WHAT INFORMATION ABOUT ME IS COLLECTED ON OUR WEBSITE?

 We collect two types of information: personally identifiable information and non-personally identifiable information.

Personally Identifiable Information.

Personally identifiable information is information that identifies you or can be used to identify or contact you (“Personally Identifiable Information”). Such Personally Identifiable Information may include your name, address, email address, telephone number and billing and credit card information. We may request Personally Identifiable Information from you when you register on our Website, purchase products online or in connection with other services we may make available on our Website from time to time.  In all of these cases, we will collect Personally Identifiable Information from you only if you voluntarily submit such information to us.  Unless you give us permission to do so, we will not sell, share, license, trade or rent your Personally Identifiable Information other than as specified in this Privacy Policy. You do not have to provide us with any Personally Identifiable Information to visit our Website.  However, if you choose to withhold requested information, you may not be able to visit all sections of our Website or purchase our products.  In addition, we may not be able to provide you with some of the other services we offer that are dependent upon the collection of such information.

Non-Personally Identifiable Information.

When you visit our Website we may collect information that by itself cannot be used to identify or contact you, such as IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website (“Non-Personally Identifiable Information”).  Non-Personally Identifiable Information is used to help us understand who uses our Website and to improve and market our Website in general and our products in particular.


WHERE AND WHEN IS INFORMATION COLLECTED ON OUR WEBSITE (INCLUDING THROUGH THE USE OF COOKIES)?

We may collect information (including information that is Personally Identifiable Information) from you in different manners and at different places and times on our Website.  We also may collect information from you in connection with, or through, other information or services we may make available on our Website from time to time.  The following is a description of the areas and/or manners in which we primarily collect information about you.

Cookies. 

We also collect Non-Personally Identifiable Information passively using “cookies.”  “Cookies” are small text files that are placed on your computer in order to identify your Web browser and the activities of your computer on our Website and other websites.  Cookies are used to personalize your experience on our Website (such as dynamically generating content on web pages specifically designed for you), and to allow us to statistically monitor how you are using our Website to help us improve our online offerings. We also may use cookies to target certain advertisements to your browser which may be of interest to you or to determine the popularity of certain content.  While you are not required to accept our cookies to access our Website, if you reject cookies, certain products, offerings, features, or resources of our Website may not work properly and you may experience some loss of convenience.

Online Products.

We collect information, some of which may be Personally Identifiable Information, that you voluntarily provide to us when you choose to purchase our products online.  We also collect information that you provide voluntarily through responses to special offerings such as surveys, questionnaires, self-assessment quizzes, contests and the like. Some of these special offerings may ask you for additional information. We collect this information in order to offer you products or services that we think may be of interest to you.

Submission of Material.

Any information, including but not limited to remarks, applications, comments, suggestions, ideas, graphics or other submissions (“User Content”) is the intellectual property of the specific users of the Web Site who post such User Content and their licensors, if any.  MF does not claim any ownership rights in such User Content.  By posting User Content via the Web Site, however, you hereby grant to MF a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.

Reviews and Comments.

In addition to the rights applicable to any material you submit or post to the Website and/or provide Montgomery’s Furniture, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions"), when you post comments or reviews to the Website, you also grant Montgomery’s Furniture the right to use the name that you submit with any review, comment, or other User Content, if any, in connection with such review, comment, or other content. You acknowledge and agree that any Submissions or User Content are provided on an uncompensated basis, without any promise or expectation or remuneration or other compensation payable by Montgomery’s Furniture or its affiliates. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other User Content that you post on this Website and that use of your reviews, comments, or other User Content by Montgomery’s Furniture will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Montgomery’s Furniture or third parties as to the origin of any Submissions or User Content. Montgomery’s Furniture may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

WHAT DOES OUR WEBSITE DO WITH THE INFORMATION IT COLLECTS?

In general, we use the information collected on our Website to help us understand who uses our Website and how it is used, to personalize your online experience, to assist you in using our products, and to improve our Website.  If you become a registered user of our Website, we may use your information to send you a welcoming email that may confirm your user name and password.  If you "opt-in" we may send you electronic newsletters, contact you about our products, services, information and news that may be of interest to you.  If you no longer desire to receive these communications, we will provide you with the option to change your preferences.  We may also use the information collected to send you important service announcements and updates regarding our Website or products.

WHEN DOES OUR WEBSITE DISCLOSE INFORMATION TO THIRD PARTIES?

Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Website.

We will not disclose your personal information except if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process.  We may disclose Personally Identifiable Information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Useto protect the safety and/or security of our users, our Website or the general public.

We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our Website.  For example, we might inform third parties regarding the number of unique users who visit our Website, the demographic breakdown of our registered user of our Website, or the activities that visitors to our Website engage in while on our Website.  The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

CAN I UPDATE OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?

If you have any concerns about the accuracy of your personal information, please contact us.

HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

Changes to this Privacy Policy will be posted on our Website so you are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it.  If at any point we decide to use Personally Identifiable Information in a manner significantly different from that stated in this Privacy Policy, or otherwise disclosed to you, at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your Personally Identifiable Information in the new manner.  We may also make non-significant changes to our Privacy Policy that generally will not affect our use of your Personally Identifiable Information.  If you do not agree to the terms of this Privacy Policy, you should not use our Website.

BY USING OUR WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE OUR WEBSITE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY WILL MEAN THAT YOU ACCEPT THOSE CHANGES.