Terms & Conditions

Last Modified: Sept 16 2024

Welcome to tovfurniture.com. TOV Furniture provides products and services through this site. By placing an order, whether via our website, phone or email you agree to the following terms and conditions. Please review them carefully and contact us with any questions.

 

Product Information

All items are brand new and never been used. While we work closely with factories to ensure accuracy in product colors, dimensions, and photos, minor discrepancies may occur due to screen resolutions and other factors. Any concerns regarding color or dimensions should be clarified before placing an order. TOV Furniture will not be responsible for minor discrepancies from what was advertised. We offer fabric swatches for our upholstered items. Swatches are shipped at no cost within the continental United States. All products on tovfurniture.com may be classified under California Proposition 65 regulations.

 

Disclaimers

Each product is handcrafted with care. Due to the nature of handmade products and natural materials, slight variations in color and dimensions may occur. TOV Furniture may round dimensions to the nearest whole number; any variation within two inches of the advertised size is accepted as part of the purchase. The customer is liable for accepting any finish, color, or texture discrepancies from online images, third-party websites, or physical stores. For multiple units of the same style ordered together, we will ensure they are shipped from the same batch to match dye lots and finishes. However, separate orders may result in variations in size or color even if ordered within a short period of time.

Before ordering, measure the space where your furniture will be placed. If an item doesn’t fit, the return will be subject to our cancellation policy.

 

Errors on Our Site

We strive for accuracy, but we do not guarantee that product descriptions, prices, or other site content are error-free. Prices and promotions are subject to change. If a product is mispriced or unavailable, we may cancel your order or contact you for further instructions.

 

Payment, Refunds and Fraud Protection

Payment is required when placing an order. If payment fails, the order will not be processed. Refunds can only be issued to the original form of payment. Any issues or disputes must be resolved between you and your bank.

To safeguard against fraud, we use a fraud protection service. Orders may be canceled if payment does not pass our fraud screening. If you encounter any issues or believe there is an error, please contact us or the third-party provider for assistance.

 

Taxes

We will collect sales tax where we are legally obligated to do so. If we do not collect the required sales tax at the time of purchase, you are responsible for remitting the proper sales tax to the relevant authorities. You will be responsible for all applicable taxes, regardless of the amount quoted on the Website at the time of your order.

 

Changes and Cancellations

Orders can be canceled or modified at no additional cost prior to shipment from our warehouse by emailing us. Please be aware that even if an order is not marked as shipped, it may already be in transit and therefore cannot be canceled. We aim to process and ship orders promptly after they are placed, which often leaves only a brief window for changes. As a result, we cannot guarantee that all requests for order changes or cancellations will be accommodated. If your order has already shipped, you are not eligible for a free cancellation. If an order is currently in transit but has not been delivered yet, and the customer requests a cancellation, it will be the customer's responsibility to cover the return fees.

 

Returns Policy

If you decide that your purchase is not quite right, you have 15 days from the date of delivery to initiate a return. All returns will be subject to a Return Shipping Fee, which will vary depending on the location of the return and the item. We do not charge any restocking fees. If you refuse the delivery because items do not fit, you are responsible for all return shipping fees.

 

Return Conditions

Products must be in new or unused condition (for example no stains, tears, or other soiling including odors). Products with scratches, stains, damages, drilling, or other modifications cannot be returned. Products must be returned in the original packaging with all original product inserts. Last Chance, Final Sale and Clearance item sales are final, and returns cannot be issued. Any return shipping and/or delivery fees are non-refundable. Proof of purchase is required for all returns and refunds.

The returned merchandise will be inspected within 72 hours of arriving at our warehouse. Once we’ve determined that the product is in as-new condition, our team will process your return and issue a refund minus the return shipping fees.

Please note that depending on your card issuer’s policy, it may take up to 10 business days for your refund to appear on your credit statement.

Full Refunds May Not Be Issued If:

  • The item(s) is determined by TF or the manufacturer to have been used or damaged by a customer.
  • If the item(s) was returned C.O.D. If the item(s) is not returned in its original packaging or equivalent.
  • If the item(s) does not have a Return Authorization Number affixed to the outside of the package.
  • If the item(s) are returned with damage and cause of damage is determined to be a result of shipper’s mishandling.

Read more about our returns procedures and initiate a return request here.

 

Shipping

TOV Furniture deliveries to commercial and residential locations within the continental U.S. (48 states). We do not ship to Alaska, Hawaii, or Puerto Rico. Areas that are inaccessible with our standard home delivery trucks, are considered remote areas, or locations which require alternative delivery methods will require extra fees. However, in those instances, said fees will be reviewed with you prior to delivery. If you are aware of restrictions for delivery, be sure to convey prior upon placing the order so we can proactively make arrangements with most cost effective options.

 

Delivery Methods

TOV Furniture ships all orders using one of the following two methods:

 

LTL (Less-than-Truckload) Delivery

For larger items, our furniture delivery specialists will schedule a delivery appointment with you or your customer in advance. On the scheduled date, the delivery team will bring the items to the first dry spot or "threshold" of your home, requiring a signature upon receipt. If you live in building, the carrier may be able to bring the product upstairs to your door if there are no steps involved and the elevator is large enough but this is not guaranteed or part of our normal delivery procedure.

If we cannot contact the recipient within 15 calendar days to arrange delivery, and there is no communication from you or the delivery agent, TOV Furniture reserves the right to consider the order canceled as a buyer's remorse and return shipping fees will apply. Storage fees will apply if the recipient cannot accept delivery within a reasonable timeframe.

 

Ground and Doorstep Delivery

This option generally applies to smaller items shipped via parcel carriers. The order will be delivered to your doorstep or the entrance of your building, and a signature is not required. The recipient is responsible for bringing the items into the home and performing any necessary assembly. Delivery appointments are not scheduled in advance, but can be monitored in the provided tracking information to check the expected delivery date or contact the carrier directly for updates.

 

Delivery Conditions

Deliveries that involve navigating through tight spaces or carrying items beyond two flights of stairs will incur additional fees. If the delivery location is deemed difficult or unsafe—whether for White Glove (WG) or standard delivery services—TOV Furniture and/or the carrier reserves the right to refuse delivery. This includes areas such as narrow or curved landings that may endanger the safety of the delivery team or your property. If delivery cannot be completed, applicable charges may still apply.

 

White Glove Service

Upgrades to White Glove delivery, which includes in-home setup, are available for an additional fee. In the event that damage occurs during White Glove service, it must be noted on the Bill of Lading (BOL) at the time of delivery to qualify for reimbursement. White Glove deliveries include two personnel. If a third person is required due to the delivery location, additional fees will apply. Additional charges may also apply if there is no elevator and a certain number of stairs are involved.

 

Delivery Timeframes

In-stock items are typically delivered within 1-4 weeks from the date the order is placed. We will provide ongoing updates as your order progresses. Please note that delivery timeframes are estimates, and actual delivery may occur earlier or later due to the nature of nationwide furniture deliveries and unforeseen events. TOV Furniture cannot offer compensation for deliveries that do not occur exactly as scheduled.

Our standard delivery service does not include disassembly. If disassembly is needed, the customer is responsible for managing it.

 

Delivery Attempts

If an item does not fit in your home and cannot be accepted, it will be considered a buyers remorse return. For multiple delivery attempts, the customer is responsible for all additional delivery costs beyond the first attempt. If we are unable to reach you to arrange delivery within 15 calendar days, TOV Furniture reserves the right to treat the order as a return. Refunds will be processed using the most recent address and payment information provided.

 

Certificate of Insurance (COI) Requirements

If the delivery location requires a Certificate of Insurance (COI), it is your responsibility to provide this information in advance to ensure we have adequate time to process it. Failure to provide the COI before the order ships from our facility may result in additional fees.

 

Property Damage

TOV Furniture is not responsible for any damage to your home or property during the delivery or installation of furniture, regardless of the delivery method. Any claims regarding property damage must be directed to the carrier responsible for the delivery. We strongly recommend inspecting your property and items upon delivery and promptly reporting any issues to the carrier.

 

Flat Rate Shipping Delivery Procedures

To ensure a smooth delivery, please adhere to the following procedures and communicate these details to the recipient:

  • Timing Flexibility: Allow for at least one hour before and after the scheduled delivery time to account for any unforeseen delays. This is especially important for remote areas or during high-traffic times.
  • Designated Receiver: If you designate a friend or family member as a “backup” to accept and inspect the delivery, ensure they understand the necessary procedures upon arrival.
  • Pathway Preparation: Clear all pathways to the room where you want the items delivered. Measure doors and pathways to confirm that the order will fit into your home.
  • Inspection: Inspect all merchandise thoroughly before the delivery company departs. Check all sides, moving parts, and assembly provided by the delivery partner. Look for any damage or defects.
  • Documentation: Take photos of any damaged or defective items, as digital images are often required by the manufacturer.
  • Missed Delivery Fees: If you miss a confirmed delivery date, you agree to pay additional shipping fees for a second delivery, which may range from 20% to 30% of your order total.
  • Space Measurement: Measure the space where you plan to place the new furniture to ensure it fits before placing your order.

 

Will Call Pickups

We do not allow customer pickups at this time.

 

International Shipping

We do not offer international shipping. However, we can deliver your order to a freight forwarder of your choice. It is the customer's responsibility however to arrange the freight forwarding service and cover any associated overseas shipping costs directly with the forwarding company.

 

Stolen Goods and Liability Disclaimer

TOV Furniture is not responsible for lost or stolen goods once a package has been marked as "delivered" by the carrier. We recommend ensuring that your shipping address is secure and using tracking services to monitor your package. If your package is lost or stolen, it is your responsibility to handle it directly with the carrier or your building. By placing an order, you agree to this policy.

 

TOV Warranty

With proper care, TOV Furniture is designed to be enjoyed for years to come. For normal residential use, we offer a one-year warranty from the date of delivery, covering defects in materials and workmanship. Please note that we are not liable for any incidental or consequential damages. Read more details about what our warranty covers here.

 

Claims on Transit Damages and Manufacturer Defects

At TOV Furniture, we are committed to ensuring that all orders arrive in perfect condition. In the event of transit damage or manufacturer defects, customers must allow TOV Furniture or our shipping agent to resolve the issue at no cost. Our goal is always to ensure customer satisfaction. However, if you choose to refuse this resolution option, the order will be canceled, and our buyers remorse will apply. Additionally, if a proposed solution is not acknowledged within 15 days, the case will be considered closed, and the proposed solution will no longer be valid. This policy remains the same for Final Sale Items.

 

Transit Damages

In the rare event of transit damage under the TF Flat Rate shipping program, a claim must be submitted via our claims form within 72 hours of delivery to the original shipping address. If the dealer arranged shipping independently, TOV is not responsible for damages; a claim must be filed directly with the carrier. Concealed damage must be reported to both us and the shipper within 24 hours of arrival.

All shipments are insured against damage. Upon delivery, verify that the paperwork is accurate and that the correct items and cartons have been received. Inspect both the packaging and the contents for any shipping damage. Any damage must be noted on the delivery receipt to claim insurance. For partial damage or shortages, accept the good items and list any damages or shortages on the delivery receipt. If damage is noted, we will send the necessary parts or provide a solution at no cost, which may include repair by a professional, part replacements, or a full unit replacement.

For LTL Shipments: Report any damage or improper assembly at the time of delivery and note it on the Bill of Lading. Failure to do so means TOV Furniture will not be responsible for remedy, restoration, or replacement. Inspect your entire order thoroughly, including all sides, moving parts, and assembly provided by our delivery partner.

If WG upgrades are involved, our delivery partner will handle assembly. Any issues with assembly must be addressed at the time of delivery. As the customer, you are responsible for ensuring proper assembly and for any issues arising from improper assembly. TF does not warrant or guarantee assembly and is not liable for damage to goods, personal property, or individuals due to improper assembly.

For Small Parcel Delivery (FedEx or UPS): Retain all packaging and report damage to TF immediately. We will require photos of the packaging and the damaged item. Concealed damage must be reported to us and the shipper within 24 hours of arrival.

 

Manufacturer Defects

Quality is of utmost importance to us, and our quality control team carefully inspects each item to ensure it meets our standards. In the rare event of a manufacturer defect, you must complete and submit a claims form along with all necessary documentation. This includes, but is not limited to, clear photos of the defect and any relevant areas of the item, the PO number or batch number stamped on the bottom of the piece (also available on the carton), which helps us identify the batch and specific details related to your order, and any other details or documents requested by our agent.

Failure to provide the required documentation may delay the resolution process. We will review the information provided and work to offer a suitable solution in accordance with our terms.

 

Claims Resolutions

 

Right to Repair

If an item is damaged or defective but repairable, TOV Furniture reserves the right to arrange for a specialized furniture repair technician to visit the customer’s home for repairs. The technician will address only the damage specified in the claim. If the customer requests repairs for issues not reported in the claim, TOV will not cover those costs. Replacements or credits will only be issued if the item is deemed irreparable.

 

Spare Parts

We stock a comprehensive range of spare parts, including legs, hardware packs, and more. For minor damage or when only a replacement part is needed, we will provide the specific part rather than a full replacement.

 

Keep as is Discount

For minor issues, we may offer a small "Keep As Is" discount to the customer. However, this discount will not be combined with other resolutions. If a full replacement or other corrective measures are provided, the "Keep As Is" discount will not apply. Each resolution option will be handled independently to ensure the customer’s concerns are effectively addressed. By accepting a Keep As Is solution, it will void our standard warranty.

 

Replacements

If a replacement is deemed necessary for a manufacturer defect or a transit related issue, TOV Furniture will provide it at no cost. If the replacement costs are deemed excessive, we reserve the right to cancel the order and issue a refund.

 

Donations

If a full replacement or refund is provided for a damaged or defective item, TOV Furniture reserves the right to request that the original item be donated. Proof of donation must be submitted before the refund or replacement is processed.

 

Rewards Program

By participating in the TOV Rewards Program, you agree to be bound by the following terms and conditions. The program is available to customers who create a TOV Furniture account, with only one account allowed per email address. Trade and dealer accounts are excluded. Points are earned through specific engagement activities and expire after 12 months of inactivity. Points are non-transferable, cannot be redeemed for cash, and are subject to change or cancellation at any time by TOV Furniture. TOV Furniture reserves the right to modify or terminate the program, close accounts, or revoke points at its discretion. These terms are subject to TOV Furniture’s Terms of Use and Privacy Policy. These terms are effective as of August 29, 2024, and actions taken before this date will not appear in your rewards dashboard. Read more about our reward program here.

 

Protection Plans

TOV Furniture offers protection plans through Mulberry, a third-party provider. All claims related to your protection plan must be handled directly with Mulberry. By purchasing a protection plan through our site, you agree to abide by the provider’s terms and conditions.

 

Financing

TOV Furniture offers financing options through Klarna, Afterpay, and Affirm. All payment details and policies must adhere to the terms and conditions of the respective financing providers. Read more about our financing options here.

 

Disputes

Any dispute or claim relating in any way to your use of any TF products or services sold or distributed through tovfurniture.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

As to any claim made against TF, you agree that your damages, if any, shall, to the fullest extent permitted by law, be limited to the amount of money you paid to TF for the cost of goods as well as any shipping costs you paid directly to TF (but not to any third party). We do not guarantee that we will be able to fill every order and you should not expect that simply because an order is placed or an item is listed in our catalog or website, that such item is definitely available. If you place an order which we are unable to complete, then, if you have made a payment to TF , you agree that your damages shall be limited to a refund of the amount you paid. If you did not pay for the order, you shall not be entitled to damages or to recover anything from TF for being unable to complete an order. You agree that, in all instances, you are not entitled to, and TF shall not be liable for, incidental, punitive, exemplary, indirect or consequential damages (including but not limited to lost profits, loss of use, damage to third parties, or any diminution of value) arising under or relating to any items you purchase, order, obtain, or seek to obtain from TF .

If you resort to disputing or reversing a charge or submitting a dispute claim with your financial institution in an attempt to reverse or withhold payment from TOV Furniture for either a portion or the entire sum of your order, you are thereby forfeiting your rights to any promotional offers that were provided with your order. These are including but not limited to reward points and free accidental damage protection plans.

 

No Class Actions

You and TOV Furniture agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and TOV agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable, then the entirety of this Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms or your use of the Site or Products.

Choice of Law; Venue. These Terms will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under these Terms, then you and TOV agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.

 

Notification of Changes - Site Policies, Modification, and Severability

TOV Furniture reserves the right to make changes to our site, policies, Service Terms, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

California Online Privacy Protection Act CCPA

TOV Furniture values your privacy. We have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. 3rd Party Data Tracking Services:

  • Klaviyo – Email Marketing
  • Kibana /Elastic.co – User Activity Logs
  • BigQuery – Data Warehouse
  • Amazon Web Services – Website Hosting
  • Netsuite– Customer relationship management
  • Matomo – User Activity
  • Shopify
  • Rakuten
  • Gobot
  • NoFraud Protection

TOV Furniture will not disclose the customer’s data to law enforcement except when instructed by you or where it is required by law. When governments make a lawful demand for customer data from TOV Furniture, TOV Furniture strives to limit the disclosure. TOV Furniture will only release specific data mandated by the relevant legal demand. If compelled to disclose your data, TOV Furniture will promptly notify you and provide a copy of the demand unless legally prohibited from doing so.

To have your data removed, please contact us via
Email:compliance@tovfurniture.com

 

Electronic Communication

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

 

Eligibility

If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.

 

Copyright

Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, “TOV Content”) is the property of TOV or its licensors, partners or affiliates and is protected by the United States and international copyright laws. The compilation of this Site is the exclusive property of TOV and is protected by the United States and international intellectual property laws. Any unauthorized use of any TOV Content on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at support@tovfurniture.com.

 

Trademarks

All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to TOV, or the other respective owners of such Marks. You may not display or reproduce the marks in any manner without the prior written consent of TOV, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.