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Terms & Conditions

Welcome to bernhardtoutlet.com! This website is operated by Bernhardt Furniture Outlet, LLC (“Bernhardt Outlet”), a factory outlet located in Granite Falls, North Carolina.

Please take a few minutes to review these Terms and Conditions. These Terms and Conditions are our agreement with you concerning your purchase of furniture and other products from Bernhardt Furniture Outlet, LLC.  Your use of this website and your purchase of products from us constitutes your agreement to follow these Terms and Conditions and to be bound by them.  This agreement cannot be changed except by a written agreement signed by you and Bernhardt Furniture Outlet, LLC.

THESE TERMS AND CONDITIONS MAY CHANGE

Bernhardt Outlet reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.

SHIPPING AND PROCESSING FEES

Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We ask you to review the detailed information about our shipping and processing fees contained in these Terms and Conditions.

CANCELLATION AND RETURN POLICY

CANCELLATIONS

YOU ACKNOWLEDGE AND AGREE THAT ALL SALES TRANSACTED VIA THIS WEBSITE ARE FINAL. HOWEVER, BERNHARDT OUTLET WILL PERMIT YOU TO CANCEL: (A) ORDERS FOR IN-STOCK CASEGOODS AND/OR UPHOLSTERY PRODUCTS PRIOR TO SHIPMENT AND (B) ORDERS FOR UPHOLSTERY PRODUCTS THAT MUST BE MANUFACTURED PRIOR TO THE TIME THAT FABRIC FOR THE ORDER IS CUT OR THE FRAME IS PLACED INTO PRODUCTION. YOU ACKNOWLEDGE AND AGREE THAT NO OTHER CANCELLATIONS ARE ALLOWED. PRODUCTS SOLD FROM THIS WEBSITE ARE NOT ELIGIBLE FOR EXCHANGE, ALLOWANCE, REFUND OR SERVICE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR ORDER IS ACCURATE AT THE TIME OF ORDERING AS NO MODIFICATIONS CAN BE MADE TO YOUR ORDER AFTER YOUR ORDER IS PLACED.

RETURNS

NO RETURNS ARE ALLOWED EXCEPT FOR PRODUCTS THAT ARE DAMAGED OR DEFECTIVE AT THE TIME OF DELIVERY AND THAT CANNOT BE REPAIRED BY THE DELIVERY COMPANY AT THE TIME OF DELIVERY.

NO WARRANTY

YOU ACKNOWLEDGE AND AGREE THAT ALL PRODUCTS SOLD FROM BERNHARDTOUTLET.COM ARE SOLD WITHOUT ANY MANUFACTURER WARRANTIES, EXPRESS OR IMPLIED, AND THAT YOU ACCEPT ANY PRODUCTS PURCHASED FROM BERNHARDTOUTLET.COM IN AS-IS CONDITION, AT THE TIME OF DELIVERY.

PRODUCT INFORMATION

All products are subject to availability. Due to the character of various products, all dimensions are approximate. Actual leather and fabric colors may not match the colors displayed on your monitor. Actual wood stain colors may not match the colors displayed on your monitor. Products, information, availability, prices, and/or specifications are subject to change without notice. The prices displayed on our Web Site are quoted in U.S. Dollars and are valid and effective only in the U.S. 

Wood furniture is made of naturally variable raw materials and may have knot holes or distressing. Differences in grain character and color among wood species are naturally occurring variations and are not defects.  Grain and/or coloring may be inconsistent across an item or group of items. On leather products, wrinkles, scratches, insect bites, healed scars and other natural markings are not flaws. Color variations occur normally within a hide and from hide to hide as no two hides are alike. Distress marks do not constitute damage or flaws.

ORDER ACCEPTANCE

By using this Website and authorizing Bernhardt Outlet to charge your credit card, you are agreeing to be bound by our Terms and Conditions in their entirety, and you acknowledge and agree that your order cannot be canceled. Bernhardt Outlet will email you a copy of your Order receipt within one business day of your purchase detailing the items ordered, quantity, price, applicable taxes, and shipping charges. Please review your order carefully and notify us of any inaccuracies.  Bernhardt Outlet reserves the right at any time to accept or decline your Order due to inaccurate pricing, non-availability of products, or for any other reason. Bernhardt Outlet reserves the right to verify any information you provide prior to accepting an Order. A credit card payment in full for the order cannot be stopped or credited back to the customer without the written consent of Bernhardt Outlet.

INACCURACY DISCLAIMER

From time to time there may be information on our Web Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Bernhardt Furniture Outlet, LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

VENUE 

Any action relating to the use of the Web Site or any transaction with Bernhardt Furniture Outlet, LLC must be brought in the state courts in Caldwell County, North Carolina or the courts of the Federal Western District of North Carolina. 

COLLECTIONS

If we have to pay any monies or hire an attorney to collect payment from you agree to pay all of our collection costs including the fees of our attorney. 

TOTALING YOUR ORDER

Merchandise total plus delivery and processing charges per delivery address plus sales tax per delivery address (see "prices and sales tax" below) equals the total.

ORDERS OUTSIDE THE CONTINENTAL UNITED STATES

Bernhardtoutlet.com does not accept any orders for delivery outside the 48 continental United States and the District of Columbia.  We regret that we cannot ship to Alaska, Hawaii, US territories or foreign countries. Please email support@bernhardtoutlet.com or call 1-866-434-6069 with any questions.

PRICES AND SALES TAX

Sales tax on the merchandise total is charged for items shipped to addresses within NC. Sales tax is also charged on all delivery and processing charges for the state of NC.  For further assistance please call our customer service department at 1-866-434-6069 or email support@bernhardtoutlet.com. For states other than NC, you should comply with you the tax regulations of your particular state regarding internet sales.

CUSTOMER RESPONSIBILITIES

The Customer is responsible for checking his or her order for complete accuracy prior to confirming and completing the purchase.  Bernhardt Outlet is not responsible for any inaccurate quantities or item numbers ordered by the Customer. Bernhardt Outlet is not aware of the nature or condition of the Customer's floors, therefore it is the Customer's responsibility to level all products once they are received, including cabinets, dressers, armoires, wall units, etc., as improper leveling may cause uneven doors or cause other items to be out of alignment.  Leveling is not included in the delivery service.  The Customer is responsible for insuring that the products will fit in the delivery location at the time of purchase. The Customer is responsible for noting the size and dimensions of the furniture to insure that it will fit, not only in the designated room, but also through elevators, hallways, air locks, doorways, stairwells, etc. The Customer is also responsible for additional delivery costs (to be paid directly from the Customer to the delivery company) resulting from the delivery location being located more than two flights of stairs above the ground floor, if delivery to such location is possible. If the delivery to the designated room involves potential damage to the home or to the furniture or if such delivery is not physically or practically possible, due to the weight and/or size of the furniture, the delivery will be made to another area of the home or the building containing Customer’s home as designated by the Customer. If one or more products are left in a substitute location because of this situation, it will be the Customer's cost and responsibility to hire a professional moving company, or a furniture repairman to disassemble the furniture to install the products in the intended location.  

SHIPPING, DELIVERY AND PROCESSING

Our shipping, delivery and processing charges are intended to compensate our company for processing your order, handling and packing the products you purchase, delivering them to you, related overhead and other items.

The shipping and delivery times provided by Bernhardt Outlet are estimates only, and are not guarantees of the date of delivery. Bernhardt Outlet does not split-ship orders; therefore, your order will be shipped in its entirety when all of the items ordered are ready for shipping.  Bernhardt Outlet will not be responsible for any delays in the delivery of your furniture for any reason. Shipping and delivery times will vary, though the typical combined shipping and delivery time may range from 2 to 11 weeks.  

SHIPPING TIME

Bernhardt Outlet will provide you with an estimate of when your product is expected to ship from Bernhardt Outlet to the delivery company.  This will typically be between two days and three weeks from the time that you place your order.

DELIVERY TIME

After being shipped from Bernhardt Outlet to the delivery company, the delivery company will deliver the product to you.  The estimated delivery times after shipping are as follows:

2-4 Weeks for delivery addresses in the following states:

AL

IL

MA

NY

VT

AR

IN

MI

NC

VA

CT

IA

MN

OH

WV

DE

KY

MS

PA

WI

DC

LA

MO

RI


FL

ME

NH

SC


GA

MD

NJ

TN


6-8 weeks for delivery addresses in the following states:

AZ

KS

NV

SD

WY

CA

MT

NM

TX


CO

ND

OK

UT


ID

NE

OR

WA


All products will be delivered by a reputable delivery company.  As indicated elsewhere in these terms, we only ship to the 48 continental United States and the District of Columbia.  Prior to delivery, you will be contacted via the contact information that you provide us by an agent of the delivery company to schedule a delivery time for your order.  The delivery time will generally be within a four (4) hour window.  Should you fail to be present at the scheduled time, you may be subject to additional storage and/or delivery charges, which you agree to pay.  If any one of your products weighs at least 350lbs, then it may be necessary for you to have a third person present to assist in the delivery of the furniture.  The third person shall provide this assistance at his or her own risk. If the delivery location is more than two flights of stairs above ground level, then you will be responsible for additional delivery costs, to be paid directly by you to the delivery company, if the delivery is possible which shall be determined by the delivery company at its sole discretion

At the time of delivery, your furniture will be inspected for any transportation damage. The delivery drivers are trained to touch up furniture and will take care of any minor nicks and/or scratches in your home as a part of the delivery process. At the time of delivery you must inspect your furniture for transportation damage. If anything has suffered transportation damage, such damage must be noted on the delivery slip while the driver is present.  In such event, the delivery company shall be responsible for such damage, and you will be contacted regarding repair or replacement of the damaged furniture. In the event that the furniture cannot be repaired or replaced, then a substitution or a refund of the purchase price may be made available to you, at Bernhardt Furniture Outlet’s sole option.  

You will be responsible for any transportation damage that you do not note on the delivery slip.   Bernhardt Outlet and the delivery company are not responsible for any damage that is not noted on the delivery slip.

USE OF OUR WEB SITE

USER COMMENTS

We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Web Site shall be and remain the exclusive property of Bernhardt Furniture Outlet, LLC. Your submission of any such Comments shall constitute an assignment to Bernhardt Furniture Outlet, LLC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Bernhardt Furniture Outlet, LLC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

HYPERLINKS TO OTHER WEB SITES

To the extent our Web Site contains hyperlinks to outside services and resources, the availability and content of which Bernhardt Furniture Outlet, LLC does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

DISCLAIMER

This Web Site and all Content available on this Web Site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Web Site, that your use of this Web Site 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 of this Web Site, and that Bernhardt Furniture Outlet, LLC shall not be liable for any damages of any kind related to your use of this Web Site.

SECURITY

We take precautions, including use of sophisticated encryption and authentication tools, to protect the security of your personal information that you share with us. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk.

We urge you to keep your password in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.

LINKS TO THIRD PARTY SITES

Our web sites may contain links to web sites operated and maintained by third parties, over which we have no control. Privacy policies on such linked sites may be different from our privacy policy. You access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any personal information on such site.

PRIVACY POLICY

Bernhardt Furniture Outlet, LLC is committed to respecting your privacy and recognizing your need for appropriate protection and management of personal information you share with us (the phrase "personal information" means any information by which you can be identified, such as your name, mailing address, email address, telephone number, etc.). The purpose of this privacy policy is to inform you what personal information we may collect from you, how we use such information, and the choices you have regarding our use of, and your ability to review and correct, the information. This policy applies only to customers in the United States.

As a part of our commitment to your privacy, Bernhardt Furniture Outlet, LLC:  (1) will not sell or rent your information to any third party (though we may contract with third parties to contact you on our behalf); and (2) will honor customers' requests not to receive email or other solicitations from Bernhardt Furniture Outlet, LLC  (we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive communications from us).

COLLECTING INFORMATION ABOUT YOU

There may be times (such as when you purchase or order a product, or register to participate in contests, sweepstakes or promotions, etc.) when we ask you to provide certain information about yourself, such as your name, shipping/billing address, telephone number, email address, credit card information, birth date, gender, occupation, personal interests, etc. We may also maintain a record of your product purchases.

Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our web site. In addition, we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive communications from us.

In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track the Internet domain address from which people visit us and analyze this data for trends and statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are.

USING INFORMATION ABOUT YOU

We use the personal information you provide for internal purposes, such as confirming and tracking your order, analyzing trends and statistics, informing you of our new products and offers, and providing you with information from and about Bernhardt Furniture Outlet, LLC. From time to time we might establish a business relationship with other persons or entities whom we believe trustworthy and whom we have asked to confirm that their privacy policies are consistent with ours. These are known as our select partners. In such cases we might share and cross-reference information, including personal information about you that will enable such persons or entities to contact you regarding our products and services that may be of interest to you.

To serve you better, we may combine information you give us online or in our store. We may also combine that information with publicly available information. We use that combined information to enhance your shopping experience with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.

We may contract with companies or persons to provide certain services including credit card processing, shipping, data management, promotional services, etc. We call them our Service Providers. We provide our Service Providers with the information needed for them to perform these services. We also ask our Service Providers to confirm that their privacy practices are consistent with ours.

Although unlikely, in certain instances we may disclose your personal information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Bernhardt Furniture Outlet, LLC or to others. We may also disclose your personal information when we believe the law requires it.

EDITING, UPDATING, CORRECTING AND DELETING INFORMATION ABOUT YOU

We want to communicate with you only if you want to hear from us. If you prefer not to receive information from Bernhardt Furniture Outlet, LLC or from our Select Partners please let us know by clicking here and following the easy steps. If you would like to update or correct your email address, mailing address or other personal information with us please contact us the same way by clicking here.

Please note that any requests to remove or update your personal information may take up to 2 weeks to process.

PROTECTING CHILDREN

Bernhardt Furniture Outlet, LLC takes special care to protect the safety and privacy of children. Our web sites are general audience sites. We do not permit anyone under the age of 18 to register with us. We also do not send email correspondence to anyone who tells us that they are under the age of 18.

Children under the age of 18 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the web.

COOKIES

Our web sites use "cookies." A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Generally, we use cookies to remind us of who you are, tailor our products and services to suit your personal interests, estimate our audience size, assist our online merchants to track visits to and sales at our sites and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyze your visiting patterns. You can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it.

We may contract with third parties who may use cookies and collect information on our behalf. These third parties are prohibited by our contract with them from sharing that information with anyone other than us or our Service Providers. However, we respect your right to choose whether to be included in such services. If you would like to opt out of these services, please click here.

POLICY CHANGES

If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on our web site. Those changes will go into effect on the date posted in the notice. The new policy will apply to all current and past users of our web site and will replace any prior policies that are inconsistent. This policy was posted in January 2008.

YOUR FEEDBACK

To help us improve our privacy policy and practice, please give us your feedback. You may email us at support@bernhardtoutlet.com.

LEGAL STATEMENT

Copyright © 2008, Bernhardt Furniture Outlet, LLC
All rights reserved.

Bernhardt Outlet™ and Bernhardt Furniture Outlet™ are trademarks of Bernhardt Furniture Outlet, LLC.

All of the content on this website is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Bernhardt Furniture Outlet, LLC. Your use of the trademarks, service marks, trade dress and copyrighted material displayed on this website is strictly prohibited. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Bernhardt Furniture Outlet, LLC reserves complete title and full intellectual property rights in any content you download from this web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content.

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