Purchase Terms & Conditions
When you place an order to purchase products and services through the Site, you agree to follow and be bound by these Purchase Terms and Conditions.
We may refuse or cancel orders.
While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on the Site. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice. The receipt of an order number or an email order confirmation does not constitute acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. We may require verification of information before accepting an order.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
We may change information, including prices, of products and services listed on the Site.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice (including after you have submitted your order). We will correct errors that we discover, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).
We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items listed on the Site may be mispriced. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Intellectual Property Rights
The Sites contain valuable trademarks and service marks owned and used by Furniture Express Hawaii, LLC, Any use of the Furniture Express Hawaii, LLC without the prior written permission of Furniture Express Hawaii, LLC is strictly prohibited. The arrangement and layout of our site including but not limited to, the Furniture Express Hawaii LLC images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of Furniture Express Hawaii. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
Furniture Express Hawaii, LLC uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.
Mobile Devices and Mobile Applications
If you use a mobile device to access pages of the Sites optimized for mobile-viewing, opt in to receive SMS (text messages) from Furniture Express Hawaii, LLC (as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you.Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.
By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from Furniture Express Hawaii LLC. By agreeing to receive SMS messages from Furniture Express Hawaii, LLC, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.
Limitation on Liability
IN NO EVENT WILL FURNITURE EXPRESS HAWAII, LLC OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF FURNITURE EXPRESS HAWAII, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Furniture Express Hawaii, LLC is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
Indemnity
You agree to indemnify and hold Furniture Express Hawaii and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.
Disclaimer of Warranties
Furniture Express Hawaii, LLC intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, Furniture Express Hawaii, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.
Use of Service via Mobile Device
If you use the Service through your mobile device, we may collect your geo-location information to assist us in fulfilling your order. We will not share this information with third parties and will only use this information for the sole purpose of fulfilling your order. You may at any time prevent the Service from using your location by turning this option off at the device level.
When you use the Service through your mobile device, we also collect device type and UUID, a unique identifier generated within the App, and store this information in log files. We use this information to provide you with the most up to date application and features, or to advertise or promote products or services to you that are applicable to your device type.
Third Party Features
The Service also may include an activity feed, social media buttons and widgets, such as the Facebook "Like" button or the "Share This" button. These features may collect and display your Personal Information, your IP address and the page you are visiting on the Service and may set a cookie to enable the feature to function properly. These features are either hosted by a third party or hosted directly on the Service and your interactions with them are governed by the privacy policy of the third party that provides the feature.
Online Identification Tools
Like many website providers, we use your IP address to help diagnose problems with our server and provide a better web experience. Your IP address is used to help identify you and your shopping cart and gather Online Information.
We use web beacons (a.k.a. clear GIFs, web bugs or pixel tags) to personalize your experience of the Service and to generate information about Service traffic and trends. Web beacons collect Online Information, such as the type of browser that you use and your IP address. Web beacons may be used alone or in conjunction with cookies; when web beacons are used with cookies, they may link Online Information to other Personal Information that you have provided to us. Web beacons usually are not visible to you.
We also use cookies to keep track of your shopping cart and for other purposes like personalizing the Service. A cookie is a small file stored by your internet browser on your computer. A "session cookie" stores temporary information that is erased when you close your web browser or turn off your computer. A "persistent cookie" enables the Service to recognize you when you return to it and remains stored on your computer until you delete it. Your web browser is usually set up to initially accept cookies. If you set your browser to reject cookies, the Service will not be able to recognize your account or to personalize the content that you see. A "flash cookie," also known as a "local storage object," is not stored in your browser, unlike other cookies, and instead placed on your computer by websites that use Adobe Flash. You may disable flash cookies via your Flash Player preferences or by using third-party software. We do not and cannot use cookies to gather other information that may be stored on your hard drive.
Third-party advertising management partners may help us display tailored content to our customers’ interests and serve interest-based advertising on our behalf. Furniture Express Hawaii, LLC and our advertising management partners may use cookies, web beacons and other tools to collect Online Information about your activities on the Service, to deliver advertising on the Service or elsewhere on the Internet based upon your interests that may be more relevant to you and to measure effectiveness of our marketing efforts and the Service. In particular, Furniture Express Hawaii, LLC may use Google Analytics to monitor activity on the Site and assist with advertising. To learn how Google Analytics collects and processes data, please visit: “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners.