Terms and Conditions
OWNERSHIP OF SITE CONTENT — COPYRIGHTS, TRADEMARKS AND RESTRICTIONS ON USE
This site and all of the content made available on it, including all merchandise, designs, illustrations, photographs, graphics, articles, text, video and audio, all other copyrightable material, all trademarks, trade names, service marks, logos and domain-names, and all other forms of intellectual property (“Content”), are owned by manny and simon Inc. or third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and international treaties. manny and simon Inc. grants to you a non-exclusive, limited purpose license to access and view this site, and to print selected pages that appear on this site for your own personal reference and non-commercial use, but not to otherwise use the Content in any manner not expressly authorized in these Terms and Conditions. Nothing contained in these Terms and Conditions may be interpreted to grant to you any other license or right to access or use any of the Content without the prior written consent of manny and simon Inc. or any third party owner of the Content. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING, OR ANY OTHER MISUSE, OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. As a user of this site, you agree not to use the Content for any unlawful purpose, and not to violate manny and simon Inc.’s rights, or any third party owner’s rights, in and to the Content. manny and simon and manny and simon Inc. are registered trademarks of manny and simon Inc.
Returns, Damages, and Defects
All furniture & bedding sales are final once the item has shipped according to the purchase order. All items are nonrefundable and are not able to be exchanged. No merchandise may be returned by Buyer without manny and simon’s prior written authorization. All returns shall be subject to verification on arrival at the location specified for the return of the merchandise in such written authorization. If any part of the merchandise is damaged in transit or defective due to manufacturing, manny and simon will either offer replacement parts or we will replace the entire item at no additional charge. manny and simon, inc. has the final approval for all replacements. All defects and transit related damages need to be reported within 10 days of delivery in order to receive replacement parts / merchandise with no additional costs. Failure to make any claim: (i) in writing; and (ii) within such period, shall constitute an irrevocable acceptance of the merchandise and an admission by the Buyer that the merchandise fully complies with all terms, conditions.
The foregoing constitutes Buyer’s sole and exclusive remedy and manny and simon’s sole obligation with respect to merchandise furnished hereunder. manny and simon makes no other warranty or representation with respect to the merchandise, either express or implied, including without limitation, that of the merchantability or fitness for particular use. manny and simon shall not be liable for direct, indirect, incidental, special or consequential damages under any circumstances, including, but not limited to, damage or loss resulting from inability to use the merchandises, lost profits, increased operating costs, loss of sales, or any other damages.
If a package is returned to the manny and simon warehouse for reasons of being non deliverable or customer refusal, the shipping charges for the return shipment will be charged back to the buyer .
For items that are defective and reported within 10 days, in most cases, manny and simon will have the item picked up first and manny and simon will resend another part / unit for replacement. In the case that items need to be picked up, it is essential that the consignee keep all original packaging materials to repackage the unit for pick up. If the original packaging materials and carton are not available, manny and simon cannot offer replacement parts. In some cases, manny and simon reserves the right to request photos before issuing replacement items.
For items that are damaged in transit and reported within 10 days, manny and simon will file a claim with the carrier, and then carrier will pick up and inspect the items from the recipient. After the pick-up of the damaged item is confirmed, then manny and simon will issue a replace part / piece based on availability. IMPORTANT: In order for manny and simon to file the claim with the carrier, the consignee must be able to repackage the items with their original packaging material and in the original carton in which the items were received. If the original packaging materials including the box are not available, then manny and simon cannot issue replacements free of charge. In this case, replacements can be sent only at their regular price.
If an item is damaged more than once in its attempt to reach the customer, manny and simon will regard the area to be undeliverable by standard means or common carrier used in previous two attempts. Upon the 2nd replacement (or 3rd shipment), manny and simon has the option to select other shipping options to guarantee safe delivery.
It should also be noted that in manny and simon’s pursuit to maintain a sustainable green furniture line, the wood contained in this product is harvested from sustainably managed forests. manny and simon will not be responsible for accepting returns or exchanges for any color differences or natural variations or textures found in the wood from one piece of furniture to the next.
In the case that a defect or damage exists in only a part of the item purchased, manny and simon reserves the right to only replace that part that is damaged. Such damages do not necessitate an entirely new shipment. For replacement parts requested, all parts should be requested within 10 days of delivery. If a part is requested after 10 days, manny and simon reserves the right to determine if the defective part is due to customer misuse or due to poor manufacturing or shipping damages. All replacement parts including hardware pieces should be requested by submitting a ‘zero dollar’ purchase order. Please reference the invoice order number when submitting the request for the replacement part. A physical description of the replacement needed, the reason as to why the request is being made, photos of the damaged or defective part, and any other written or visual materials that can help us to expedite your request. All requests should be submitted to firstname.lastname@example.org. All requests must be in writing.
If you wish to cancel a purchase order, it must be received in writing via email at email@example.com prior to the actual day of shipment of the item. There are no additional fees to cancel a purchase order prior to the day of shipment. If a PO is cancelled the same day of shipment, and the shipment can be stopped before leaving our warehouse, there will be $10.00 cancelation fee plus and additional 20% restocking fee will be added. If we receive a cancelation either on the same day or after the day of shipment, the shipment cannot be returned to manny and simon (please review conditions for returns). If an order has been cancelled/refused after the order has shipped, the merchandise shall be regarded as the property of the retailer and cannot be returned for a refund. If it is returned to our warehouse, manny and simon will reship the items according to its normal drop ship fees and manny and simon will no longer be liable for shipping related damages.
Internet and Coop Sales
Buyer shall not, without manny and simon’s prior written authorization, sell manny and simon merchandise on the internet. manny and simon is under no obligation to permit Buyer to sell via the internet. However, if manny and simon authorizes such sales, Buyer may only sell manny and simon’s merchandise via a website registered to and maintained by Buyer and approved by manny and simon.
Buyer shall not sell manny and simon’s merchandise through E-Bay or any other internet auction site, or through any coop or group sale. Buyer shall not resell manny and simon’s merchandise to other retailers. manny and simon shall have the right to suspend deliveries and may terminate this and all other contracts with Buyer in the event of any unauthorized sales by Buyer.
Links to Other Sites
We may provide links on this site to sites operated by other parties for your convenience. Because we have no control over these sites, we cannot take responsibility for their operation or for the content or merchandise featured on or made available through them. You should carefully review the terms and conditions of use and privacy policies associated with these sites before making any use of them, particularly because these sites may make use of your personally identifiable information in ways consistent with these Terms and Conditions.
Indemnification You agree to indemnify and hold harmless manny and simon, Inc. and its directors, officers, employees, contractors and suppliers (“Indemnified Parties”), from and against any and all claims, demands, actions, proceedings and damages, including without limitation reasonable attorneys’ fees and costs, that may be incurred by any of the Indemnified Parties and that arises from or relates to your use of this site.
Information Collection and Use manny and simon, Inc. is the sole owner of all information collected on this site. The information that you supply to us enables us to personalize your experience on this site, to better service your requests, to facilitate our communications with you, and to improve our overall customer service capabilities. The information that we collect from you is used entirely and only by us, except in cases where we use third parties to perform certain functions for us, such as credit card processing, order fulfillment, package delivery or data analysis. In these cases, we provide such third parties with access only to the information that is necessary for them to perform the specific tasks for which they are responsible, and they are not authorized to retain, share, store or that information for any other purpose. We will NEVER share your information with, or sell or rent your information to, any other party for any reason. In the event that we contemplate using your information for any purpose other than those outlined above, we will notify you and provide you with an opportunity to choose not to share your information in the manner contemplated.
Changes to Site and Terms & Conditions We reserve the right to change or modify all or any portion of this site, including any and all content, merchandise or services featured on this site, at any time in our sole discretion. Sales prices for merchandise and services are subject to change without notice, and if merchandise or services are listed at an incorrect sales price, we reserve the right to refuse, cancel or limit any orders placed for such merchandise or services at the correct price. We also reserve the right to change or modify all or any portion of these Terms and Conditions at any time in our sole discretion. At times such changes may be necessary to address the addition or discontinuance of merchandise or services offered on this site, technological changes made to this site, changes made to our business procedures or practices, or other factors. More importantly, we will not be obligated to notify you of these changes as and when they are made. Accordingly, it is important that you review these Terms and Conditions regularly. If you disagree with any change that we may make to these Terms and Conditions, your sole recourse is to discontinue your use of this site.
manny and simon Limited Warranty
manny and simon products are covered by a one year Limited Warranty against defective materials or workmanship. This warranty is non-transferable from the original owner to any other subsequent purchaser, and it is effective from the purchase date. The manny and simon limited warranty covers only damage that is a direct result of manny and simon’s manufacturing process or defective materials. manny and simon will not be responsible for any damage caused by negligence, misuse, incorrect installation, customer modifications, improper storage or improper maintenance. This Warranty does not apply if product damage results from the use of detergents, cleansers, abrasives or other harsh cleaning agents on the furniture. The customer’s use and expectations of our products should not exceed the testing procedures, safety guidelines, and voluntary standards set forth by the ASTM. The warranty will not apply if modifications or repairs are done by the purchaser or a third party repair service without manny and simon’s prior written authorization. The warranty will not apply if upon discovery of a defect the purchaser fails to take prompt and reasonable steps to prevent the defect from becoming more serious. Wood characteristics are not covered by the manny and simon Limited Warranty. Each species or wood used by manny and simon is unique and therefore, variations of color and grain can occur from piece to piece. These characteristics are common are naturally occurring in the wood and are in no way considered to be manufacturing defects. The warranty does not cover such variations, or variations between floor samples or printed illustrations and your furniture.