Terms & Conditions
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.
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.
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 [email protected]
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.
Refunds and returns; cancellation
Cancellations. You may cancel an order any time prior to shipment. Please click here to view our refund and return policy.
Any dispute or claim relating in any way to your use of any TOV products or services sold or distributed through TOV Furniture 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 we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
As to any claim made against TOV, you agree that your damages, if any, shall, to the fullest extent permitted by law, be limited to the actual amount of money you paid to TOV for the cost of goods as well as any shipping costs you actually paid directly to TOV (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 TOV, 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 TOV for being unable to complete an order. You agree that, in all instances, you are not entitled to, and TOV 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 TOV.
No Class Actions.
YOU AND TOV 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.
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.