Terms and Conditions

COMPANY TERMS OF SERVICE / COPYRIGHT INFORMATION

 

Disclaimer:

Due to the West Coast port closures and high volumes of production with our distributors, rarely, items may be out of stock without our knowledge causing a slight delay outside our typical delivery turnaround of 3-5 business days. Feel free to contact us at 760-295-3234 or email us customerservice@onabudgetfurniture.net to check on the availability of products prior to your purchase. OABF delivers for free to most parts of San Diego County. Outlying areas may be charged a nominal delivery charge. We do not deliver outside of Southern California at this time. Please see our “Area Map (Free Delivery Area)” for more details. We have the right to cancel an order due to website malfunction or misprint.


At On A Budget Furniture & Decor we strive to sell quality home products from established manufacturers directly to you, the consumer. All our Products carry the respective manufacturer’s guarantee for material quality and workmanship. If, after proper assembly and care you find a defect with a Product, please call our customer service department for repair or replacement. By purchasing from On A Budget Furniture & Decor, the customer agrees to the term conditions listed on this page and/or invoice.
Please make sure to keep your receipt in case of need of warranty honoring. On A Budget Furniture & Decor will not assume the transportation charges for any Products purchased through On A Budget Furniture & Decor. This Web site, www.onabudgetfurniture.com, and all information, photographs, text, content, brochures, catalog, and services available through it (collectively, the "Site") are provided by On A Budget Furniture & Decor under this Terms and Conditions agreement and any amendments to the Terms that On A Budget Furniture & Decor may publish from time to time (the "Terms"). By accessing, browsing, purchasing, inquiring, communicating, chatting on or through this site, you agree to be bound by these terms and conditions. If you do not agree to abide by the Terms in their entirety, please do not use the Site or download content from the Site for any purpose whatsoever. A purchase order is not considered placed until the Purchase Order Confirmation is received by On A Budget Furniture & Décor.

The Terms shall be governed by the laws of the State of California in the United States of America, without giving effect to its conflict of laws provisions. Any claim or controversy arising in any way out of or relating to the Terms shall be filed in a court of competent jurisdiction sitting in San Diego County, California. Both parties consent to settle any litigation in any way arising out of or relating to these Terms by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Such arbitration shall be conducted in San Diego, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.


Payment 

We accept payments from the following major credit cards: Visa, Master Card, American Express, and Discover. We will charge your Credit Card once we confirm availability of the merchandise. 

Addresses outside of San Diego County will require specialized delivery and additional shipping charges per a SEPARATE quotation, and we are pleased to offer this service.
Free delivery offers do NOT apply to any the areas outside of San Diego County. Customs duties, and other additional taxes and fees as applicable will also be charged on such orders.

Delivery Policy 

On A Budget Furniture & Decor will provide you with an estimated shipping date at the time of order placement, based on information from vendors and major shipping lines, trucking carriers, and other delivery agents. You will receive periodic updates from On A Budget Furniture & Decor regarding your order until it is received by you or your designated agent. Any change of delivery date, address or telephone number must be received in writing and called in to our delivery department before midnight a week before the specified delivery date. We cannot deliver to APO, FPO, PO Boxes or personal mailboxes. Please use a valid street address for delivery of your order. It is entirely your responsibility that the furniture dimensions allow for easy delivery through doorways, passageways, stairways or any other way as you deem fit, and will fit into the living space of your choice. You agree to be available to receive the product from the carrier at the time of delivery, and represent that the delivery address provided by you is accessible to commercial trucking and delivery companies. On A Budget Furniture & Decor assumes no responsibility or liability to damage of the product, personal injury to someone or any other issue that can arise due to getting the product from the curbside to the inside space. On A Budget Furniture & Decor and/or its designated partners will file all claims for replacement of defective or damaged merchandise should the product arrive with a problem. We only require you to follow a few procedures (stated in the next several paragraphs) that are required in the claims process. YOU, THE CUSTOMER, WILL BE RESPONSIBLE FOR MAKING YOURSELF AVAILABLE FOR TAKING THE DELIVERY AND INSPECTING THE PRODUCT AT THE TIME OF DELIVERY. If you authorize the product to be delivered in your absence or without your inspection, you automatically represent that the product is received in good condition and will void all rights to returns, claims and insurance. If the damage is severe, you agree to refuse ONLY the item that is damaged and make notations on the freight bill. You are also required to submit digital photographs of damaged material that should be clearly visible in the digital photograph to substantiate the claim within one day of receiving the shipment. In case the damage is noticed after unpacking the goods, you agree to notify both the trucking company as well as On A Budget Furniture & Decor immediately. We will need some digital photographs clearly indicating the damage. In such an event, the claim will have to be initiated by the consignee – in this case You, the Customer, as a concealed damage. In cases where multiple items are part of an order, the charge-back allowed on your credit card will be limited to the value of the damaged item or items after the above mentioned evidence is submitted and approved. Items received in good condition or without any evidence of damage as stipulated above will be charged as listed above in the payment section. On A Budget Furniture & Decor CANNOT AND WILL NOT ACCEPT ANY ITEMS RETURNED WITHOUT PRIOR APPROVAL OR AUTHORIZATION; SO, PLEASE DO NOT RETURN ANY OF THE ITEMS WITHOUT PRIOR APPROVAL OR AUTHORIZATION FROM On A Budget Furniture & Decor.
On A Budget Furniture & Decor DOES NOT ACCEPT DELIVERY INSTRUCTIONS TO ANY OTHER DELIVERY COMPANY INSTEAD OF THE VALID DELIVERY ADDRESS SPECIFIED AT THE TIME OF THE ORDER. IF THE DELIVERY ADDRESS IS INACCESSIBLE OR INVALID, CUSTOMER AGREES TO PAY THE PURCHASE ORDER AMOUNT AND THE ADDITIONAL DELIVERY CHARGES. WE ALSO STRONGLY ADVISE AGAINST ANY CUSTOMER REQUEST OF PICK-UP OF THE PACKAGE(S) FROM THE TRUCKER`S TERMINAL OR ANY LOCATION OTHER THAN THE DELIVERY ADDRESS. IN SUCH A CASE, On A Budget Furniture & Decor WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, SHOULD DAMAGES BE NOTICED LATER. On A Budget Furniture & Decor IS NOT LIABLE FOR DAMAGES OTHER THAN THOSE MENTIONED ON THE TRUCKER`S DELIVERY RECEIPT. PLEASE ENSURE YOU INSPECT THE CONTENT OF ALL THE PACKAGES BEFORE SIGNING ON THE TRUCKER`S RECEIPT. THE TRUCKER WILL NOT UNCRATE OR OPEN THE PACKAGE. YOU THE CUSTOMER WILL HAVE TO OPEN THE BOXES AND INSPECT THE CONTENTS. YOU CAN REFUSE TO ACCEPT THE DELIVERY IF THE TRUCKER DOES NOT ALLOW YOU TO INSPECT THE PACKAGE. WE WILL RE-SCHEDULE THE DELIVERY ACCORDINGLY.

Delivery & Setup Services 

The customer agrees that the name, phone number, email address and other contact information can be given by On A Budget Furniture & Decor to the trucker or any other shipping agent to coordinate deliveries and improve customer satisfaction and efficiency.
Please consider having a little extra time to insure the drivers are not rushed and they provide you top quality work.
On A Budget Furniture & Decor will not be liable for any loss or damage or injury or any other casualty incurred at the time of delivery under any circumstance.
Any change of a `Ship To` delivery address on a purchase order requires the change be made referencing the On A Budget Furniture & Decor Purchase Order Confirmation number in writing or an email form. On A Budget Furniture & Decor will confirm this in email form to you. Only then would this change be considered effective and valid. The delivery personnel are not permitted to handle furnishings already in your home, so it`s important that you know ahead of time where the Product will be placed, and plan accordingly. The Product specifications (height, width, depth, weight, and other relevant details) will be provided to you at order confirmation, so you are adequately prepared. On A Budget Furniture & Decor does not have storage facilities and cannot provide the same. Some products may require storage, installation, assembly, or some other form of work. Please note that such work or service is entirely your responsibility in it`s entirety, and that On A Budget Furniture & Decor does not provide any such services.

Prices 

Prices are subject to change at any time. In the event a product is listed at an incorrect price due to a typographical or any other error on any page on the web-site, brochure, promotional material or any other electronic or hard copy document, On A Budget Furniture & Decor will have the right to refuse, cancel, modify, or take any action it may consider appropriate to address the error for any inquiry, quotation, purchase order or orders placed for products listed at the incorrect price, regardless of whether an order confirmation has been sent or not, and/or any payment has been made or not. If one or more payments have already been made and your order is confirmed, accepted, refused, cancelled, or modified in such a case of incorrect price, On A Budget Furniture & Decor will refund any payment or payments you have already made for such item or items. Such a Purchase Order or Orders will not be considered confirmed, and the item or items will not be shipped due to the non-validity of the Purchase Order or Orders. In no event shall On A Budget Furniture & Decor be liable to ship the product to the customer at the inaccurate price. While we strive towards our goal of a 100% error-free Site, such mistakes can happen and we cannot guarantee that any or all content is accurate or complete, including price information, product specifications, lead time, or any other attribute listed on the web site. If we discover such errors, they will be corrected on our system using best efforts on the part of On A Budget Furniture & Decor, and the corrected price or other information will be notified to you, and will be applied to your Purchase Order or Orders.

Changes to the Terms Conditions 

On A Budget Furniture & Decor reserves the right, at it’s sole discretion, to change, modify, add or remove any portion of the Terms in whole or in part, at any time.
Changes to the Terms and Conditions will be effective immediately when notice of such change is posted on On A Budget Furniture & Decor homepage. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes. You should periodically check the "Terms and Conditions" link on On A Budget Furniture & Decor homepage to view the then current Terms & Conditions. On A Budget Furniture & Decor may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the On A Budget Furniture & Decor Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you fully agree that in no event shall On A Budget Furniture & Decor be liable for such actions as it deems fit.

Shipping Taxes 

Shipping and handling is charged extra. Please contact On A Budget Furniture & Decor customer service representative for exact shipping charges to the “SHIP TO” address. California residents must pay sales tax on all orders. Other items such as customs duty charge, and other fees and taxes may apply for international addresses as well as Hawaii, Alaska, and Puerto Rico.

Cancellations 

Once On A Budget Furniture & Decor place an order with the Manufacturer, become financially obligated with them, so a fee of 25% of the purchase price will be assessed ( re-stocking fee ) in the case of Seller approved exchanges ( plus delivery charge - both ways - if any ). A minimum of $50.00 will be retained towards transaction charges for all cancellations at any given time. All Sales are final, no refunds, no exchanges.
All our products are guaranteed by the manufacturer and insured by the shipping company to arrive in perfect condition. Special and Catalogue Orders are not refundable under any circumstances. For leather products all colors are considered as custom colors. Authorization from On A Budget Furniture & Decor is required prior to the exchange of any item. We will give you instructions on where and how to ship. We recommend that you insure returned items for the full value of the item shipped. Please make sure to keep your receipt and return the Product in its original packaging. As stated previously, On A Budget Furniture & Decor will not assume the transportation charges for any Products returned for exchange by any transportation agency or company for products purchased through On A Budget Furniture & Decor.

Shipping Time 

Please allow the lead-time for delivery depending on the product type, color, model, manufacturer, and other factors. THE SHIPPING TIMES WE QUOTE ARE ONLY ESTIMATES, NOT GUARANTEES. When it comes to order times we are depending on the factory, and freight carriers to provide us with the estimated ship date. Some specialty furniture carriers use third party carriers for some delivery locations, and are unable to provide up to the minute tracking information that is common for small packages. Please understand we are doing our best to ensure best deliveries suited for your product.

Delays 

Delays in production and shipping may occur. If a delay occurs, don`t panic. We will work hard to get your purchase to you, but please keep in mind that we work with high-ticket and large items, which come from all over the world. In most cases, delays occur during busy seasons, holidays, due to production delays, or other factors not in our control. We will make all efforts to quote accurate lead times and notify all our customers promptly. Please note that we are not responsible for product delays from the manufacturer. Under no circumstances will On A Budget Furniture & Decor be responsible for any consequential damages resulting in shipping delays. Due to increased security by governments, customs delay may also occur, which is beyond our control. Also note that some of our Vendors remain closed during the months of August & December - all orders placed during this time period may be delayed by at least a month.

Disclaimer of Warranty 

All products sold have manufacturer`s warranty. You expressly understand and agree that your use of the site is at your sole risk and that the site is provided on an "as is" and "as available" basis. To the fullest extent permissible pursuant to applicable law, in regard to the site and all content thereon, On A Budget Furniture & Decor expressly disclaims all warranties of any kind, including without limitation any warranty of merchantability, fitness for a particular purpose and non-infringement. Certain warranties in regard to particular products for sale on the site may be applicable through manufacturers` warranties, though not through On A Budget Furniture & Decor. See the warranties included in the documentation along with the products for further details regarding warranties provided by manufacturers of products available through the site. The content on the site may contain inaccuracies and typographical errors. On A Budget Furniture & Decor does not warrant the accuracy or completeness of the content or the reliability of any advice, opinion, statement, price availability or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, price availability, or other information shall be at your sole risk. On A Budget Furniture & Decor does not make any warranty that the site will meet your requirements, or that the site will be uninterrupted, timely, secure, or error free, or that defects in the site, if any, will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the site is at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you. Some items may come with a manufacturer`s warranty, which will vary from product to product. On A Budget Furniture & Decor reserves the right to change the price, lead-time, promotions, specials, in stock, rapid-ship items, and other terms at any time in the normal course of business.

Limitation of Liability 

IN NO EVENT WILL On A Budget Furniture & Decor OR On A Budget Furniture & Decor's SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT OR OUT OF THE USE OF THE SITE OR FOR SERVICES PROVIDED BY On A Budget Furniture & Decor, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, COMPUTER PROGRAMS, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT OF OR OTHERWISE ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR THE SITE OR ANY LINKED WEBSITE, THE STATEMENTS OF ANY THIRD PARTY ON THE SITE, OR UNAUTHORIZED ACCESS TO THE SITE, YOUR TRANSMISSIONS, YOUR ACCOUNT OR YOUR PASSWORD, EVEN IF On A Budget Furniture & Decor IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY SIMILAR CLAIM AGAINST YOU BY ANOTHER PARTY. THE ABOVE EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT BE ENFORCEABLE UNDER SOME APPLICABLE LAWS, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL On A Budget Furniture & Decor's LIABILITY FOR MONEY DAMAGES EXCEED THE On A Budget Furniture & Decor INVOICE AMOUNT PAID BY YOU FOR THE PRODUCT.

Force Majeure

On A Budget Furniture & Decor will not be liable for any failure or delay in performance which might be due, in whole or in part, directly or indirectly, to any contingency, delay, failure, or cause of, any nature beyond it’s reasonable control. Such causes include, without in any way limiting the generality of the foregoing, fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, strike, lockout, unavailability of components, activities of a combination of workmen or other labor difficulties, war, insurrection, riot, act of God or the public enemy, law, act, order, export control regulation, proclamation, decree, regulation, ordinance, or instructions of any Government or other public authorities, or judgment or decree of a court of competent jurisdiction.

Finishes

Color, texture, and graining variations can occur in natural products like leather, wood and stone. These are not normally considered imperfections. For leather products all colors other than Black & White are bound to have variations in every production line. Color representations on computer terminals and screens can be different based on settings and various display technologies. You agree that you cannot dispute the finish, or color or texture or any other physical attribute after taking delivery of a product.

Representations and Warranties 

You represent and warrant that:

* You are over the age of 18 and can form a legally binding contract under applicable law. * You have provided and will continue to provide only true, accurate, current and complete information about yourself when filling out the On A Budget Furniture & Decor checkout form (the "Form"). The billing address you provide to On A Budget Furniture & Decor on file for you. - You are not using On A Budget Furniture & Decor service for any improper purpose, and you will act in good faith in your relationship with On A Budget Furniture & Decor. - You have sufficient authority, if you are purchasing on behalf of a company, to bind that company to the Terms.

THIS GUARANTEE DOES NOT COVER: 

* Variations in the color or graining of wood, wood products, fabric or other materials, including dye lots; natural markings inherent in the finish of any material.
* Damage including scratches, chips, rips, tears and glass or mirror breakage due to normal household use, misuse, abuse or accidents; damage or discoloration caused by sunlight; wear, shading or shrinking of any fabric due to improper cleaning; damage due to moving the furniture from the original delivery location or address.
* Commercial usage. Using the furniture for anything but normal household use will void guarantee.

This guarantee applies to the original purchaser only. On A Budget Furniture & Decor liability under this guarantee is limited to repair or replacement of the defective product at its discretion. This guarantee applies under conditions of normal household usage and does not apply to defects resulting from misuse, accidents, negligence or commercial use. In no event shall On A Budget Furniture & Decor be liable for consequential or incidental damages or breach of this or any other warranty, expressed or implied whatsoever even if the loss or damage is caused by the company`s negligence or fault. Some states do not allow limitations on how long an implied guarantee lasts, or the exclusion or limitations or exclusions may not apply to you. This guarantee gives you specific legal rights, and you may also have other rights, which vary from state to state.

Indemnification 

You agree to indemnify and hold harmless On A Budget Furniture & Decor, its parents, subsidiaries, affiliates, officers, directors, agents, employees, or other partners, and suppliers, from any claim, demand, action or damage, including reasonable attorney`s fees, made or incurred by any third party arising out of or related to your use of the Site, any Content you transmit via the Site, or your violation of the Terms. How On A Budget Furniture & Decor protects the information you provide The information On A Budget Furniture & Decor gathers is never shared with anyone, except in connection with your order and as specified below. Credit card or check information is only shared with financial institutions that process your payment. Shipping information is shared with shippers that fulfill your order. Technically, this shared information does pass out of our direct control, but On A Budget Furniture & Decor makes clear to financial companies and manufacturers / shippers we work with that we expect your information to be handled appropriately. We do not sell, rent, share, trade or give away any of the information you provide to us except to the financial institutions processing your payment or your financing application and the shippers that produce and/or deliver your order. No third party will solicit you as a result of information within our control. It is true that the information you provide is subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders. Other than these fairly extreme cases, your personal information will be shared with no one.

Use of the Website

By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.

Trademarks

The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

External links

External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

Warranties

The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.

Disclaimer of liability

The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Conflict of terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Applicable laws

Use of this website shall in all respects be governed by the laws of the state of California, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the San Diego County courts located in San Diego County, California, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.