Art Van Furniture Art Van PureSleep

TERMS AND CONDITIONS FOR ONLINE SALES

1

THESE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THIS DOCUMENT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERM AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ART VANT FURNITURE, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These Terms and conditions (these "Terms") apply to the purchase and sale of products and services through Art Van.com (the "Site"). These Terms are subject to change without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

2
Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Art Van Furniture, LLC and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Customer Services Department at 888-427-8826.

3
Prices and Payment Terms.
(a)

All prices posted on this Site are subject to change without notice. The price charged for a product or services will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail.

(b)

Every effort has been made to ensure the accuracy of prices, item numbers, availability, and dimensions; however, we are not responsible for typographical errors, inaccuracies, or commissions even after an order has been submitted or the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Art Van Furniture, LLC will issue a credit to your credit card account in the amount of the charge.

(c)

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4
Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

5
Governing Law and Jurisdiction.

All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Michigan.

6
Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 6 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

7
Notices.
(a)
To You.

We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.

(b)
To Us.

To give us notice under these Terms, you must contact us as follows: (i) email to onlineorders@artvan.com; or (ii) by personal delivery, overnight courier or registered or certified mail to Art Van Furniture Attn: Online Orders 6500 E 14 Mile Rd Warren, MI 48092. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

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Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

9
Entire Agreement.

These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

10
Acceptable Use.

You are responsible for your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Web Site or mobile applications, you may not:

Violate any law or regulation.

Violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights.

Post or share anything that is illegal abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.

Send unsolicited or unauthorized advertising or commercial communications, such as spams.

Engage in spidering or harvesting or participate in the use of software, including spyware, designed to collect data from the Web Site or mobile applications.

Transmit any viruses or other computer instructions or technological mean whose purpose is to disrupt damage, or interfere with the use of computers or related systems.

Stalk, harass, or harm another individual.

Impersonate any person or entity or perform any other similar fraudulent activity, such as phishing.

Use any means to scrape or crawl any Web pages contained in the Web Site.

Attempt to circumvent any technological measure implemented by us or any of our providers or any other third-party (including another user) to protect the Web Site or mobile applications.

Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Web Site or mobile applications; or

Advocate, encourage, or assist any third-party in doing any of the foregoing.

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Disclaimer.

This web site and our mobile applications, and all content available on this web site, our mobile applications, or both, are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranty of title or implied warranties of merchantability, non-infringement, or fitness for a particular purpose or those arising out of a course of dealing or usage of trade, to the fullest extent permitted by applicable law. To the fullest extent permitted by applicable law, you acknowledge and agree, by your use of this web site or our mobile applications, as applicable, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use, and that Art Van Furniture, LLC and its officers, employees, directors, shareholders, parent, subsidiaries, affiliates, agents, and licensors ("affiliates") shall not be liable for any damages of any kind related to your use of this website or our mobile applications.

In particular and to the fullest extent permitted by applicable law, Art Van Furniture, LLC and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the web site or our mobile applications, or the content of any websites or online services linked to or integrated with the website or our mobile applications. To the fullest extent permitted by applicable law, Art Van Furniture, LLC and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal mobile applications; (c) any unauthorized access to or use of our servers or of any personal information or user data; (d) any interruption of transmission to or from the website or our mobile applications; (e) any bugs, viruses, Trojan horse, or applications by any third party; or (f) any loss or damage of any kind incurred as a result of the use of this website, or of any content posted or shared through the website or mobile applications.

To the fullest extent permitted by applicable law, in no event will Art Van Furniture, LLC or its affiliates be liable to you or any third party for any indirect, special, incidental, punitive, or consequential damages (including for the indirect loss of profit, revenue, or data) arising out of or relating to the website or our mobile applications, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, or other tort theory of liability) even if advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusive of liability for damages. Accordingly, some of the above limitations and disclaimer may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.