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TERMS AND CONDITIONS

These are the general terms & conditions (“Terms & Conditions”) that apply to orders placed and purchases made online from Oak Furniture Land Inc. (‘OAK FURNITURE LAND,’ ‘WE,’ ‘US’ or ‘OUR’).

1. Product Specifications

(a) We and our suppliers have a policy of continuous product development. We reserve the right to amend the specifications of any goods or products without prior notice in relation to future sales or shipments. This includes adjustments to sizes, measurements or ornamental detailing on individual items ordered or purchased but not yet shipped. Please email or call at least 48 hours after ordering but prior to shipping to check exact sizes or potential ornamental changes as on occasions minor adjustments may have been made by us or our supplier. We hereby disclaim any and all liability for any extra costs incurred by you as a result of incorrect or incomplete measurements or information supplied by you or alterations made by us or our supplier.

(b) Products supplied may differ from those on display or advertised. However, the products supplied will be of generally equivalent value, functionality and appearance.

(c) All our furniture is made from natural wood and accordingly appearances may vary. Some woods will mellow with age and exposure to sunlight. When you purchase our furniture you are buying pieces where varying degrees of distressing is generally applied. This is very much intended and makes each piece totally individual as designed by the manufacturers. We sell only genuine rustic designs with varying degrees of distressing from piece to piece, which may involve wood splits, wood filling, knots, purposeful distress/scratch marks, antiquing, etc. Certain degrees of filler may be used on our furniture. This is common and part of the manufacturing process. Please note that our mango items are usually of a very rustic nature and a heavy distressing is usually applied. This may appear as a dulling or rubbing effect to the waxed finish. Knotty and grainy woods are used, and this is as intended by our supplier.

(d) Leather products are made from quality natural leather and accordingly they may not be uniform in color or texture and may exhibit traces of natural markings such as scars and bites.

(e) Every effort is made to display as accurately as possible the colors of our products that appear in our stores, on our website and in other promotional materials. We cannot guarantee however the complete accuracy of the pictures or photographs that are shown. Many conditions such as your monitor or screen settings and batching can affect the coloring of items in a picture.

(f) From time to time, we may have a section of our website marked as “clearance” or “discontinued” range. When you purchase items from a clearance/discontinued range, please note that this stock may not be new or boxed. The items are from a discontinued range and as such are being sold as unused seconds. These items have been previously handled and so they may have knocks, scratches or other defects due to being over handled. The sale price takes this into consideration. Thus, notwithstanding anything to the contrary herein, these products are sold in ‘As Is’ condition, all purchases are final and they may not be returned.

(g) Most of our products do not require any home assembly. However, on occasion, to aid in delivery or to avoid damage, our designers have deemed it best that certain items will need a small amount of home assembly. This includes all dining tables and beds and some armoires, tables and sofa products. Any handles (e.g., for drawers and armoire doors) may be on the inside of the drawers and doors. Items needing home assembly will be identified in the individual item description. Our designers have made efforts to ensure that any assembly is straightforward and that it will not detract from the quality or structural integrity of the product. We will not unbox (unless you have previously agreed this with our customer services team ahead of your items being dispatched) any of your items or assemble any of your furniture. Please note that we cannot facilitate the removal of any of your packaging.

(h) Our solid hardwood furniture will require treating with wax immediately upon receipt. Ensure that you wax the whole item, not just the top, and repeat every six months with natural wax polish. Please treat your furniture immediately on delivery as your item may have been in shipping for some time and modern home heating/cooling will accelerate the drying process. Failure to treat your wood furniture as instructed here, in any documentation provided with the product, or otherwise can result in problems that will not be covered by your warranty, as determined by us.

(i) Please be aware that you are purchasing natural timber products where slight timber movement in shipping is a possibility. On rare occasions, due to extreme climate changes in shipping, you may find slight swelling on doors or drawers, making them stiff to open. You should not return or refuse the item if this is the case, as usually this will rectify itself within a week once the timbers adjust to their new environment and heating/cooling conditions. You may also find that simply swapping the drawers will remedy this. However, on rare occasions, the timber movement may not settle and you may need to sand or shave a small amount from a drawer or door. If this is necessary, please sand or shave from the bottom of the drawer front or from the side of the door as this will not be noticeable and will not invalidate your warranty. A simple touch of furniture wax will then protect any adjustments made. Again, failure to treat your wood furniture as instructed herein or in any documentation provided with the product can result in problems that will not be covered by your warranty, as determined by us. Stiff drawers or doors will not be deemed a fault or defect in the product. This means you are purchasing our furniture on the understanding that any necessary simple adjustments may need to be undertaken by you at your expense. If you do not wish to undertake any adjustments needed and wish to return the item, we will offer a refund under our 7 day money back guarantee. In such an instance, the item must be returned in unused condition at your expense. Please see the Returns, Refunds and Your Right to Cancel section below for full details.

(j) Our furniture is crafted from natural hardwood timbers and accordingly there may be slight differences in size between products of the same description. All product dimensions specified by us are approximate.

(k) There may be differences in the spacing around doors and drawers; however, this will always be within our quality control limits.

(l) By purchasing our furniture, you agree to undertake any simple necessary adjustments yourself. Certain issues of the type described in this section will not be considered to be defects or faults.

2. Measurements
We always try to be as accurate as possible; however, specified measurements are always approximate. No two products of ours will ever be identical. Please contact us within 48 hours of ordering if minor changes to dimensions are a problem.

3. Prices
(a) All listed prices exclude sales tax. Sales tax will be added at check out as necessary.

(b) The prices displayed on the website are for online purchases and promotions only and are not transferable to sales through any other means. Prices relating to any online promotion are valid strictly until midnight (Eastern Time) on the day on which the promotion expires, as determined by us.

(c) We will not be bound to honor any prices that have been displayed in error, whether typographical or otherwise. In cases where the error has not been noticed until after an order has been placed, we reserve the right to cancel the order, notify you in writing and, to the extent we have accepted payment from you, offer a full refund.

4. Payment
(a) You can pay at the time of order by credit, debit card and, in some instances, PayPal. Subject to Section 3, the price of any product is the price charged in your order. We will not be obligated to make any adjustments to such price for any reason, including matching such price to any discounted or reduced price for the same product that we may offer elsewhere, previously or in the future. You agree that all details you provide to us for the purpose of purchasing products which may be offered by us on our website will be correct, that the credit or debit card or PayPal account which you use is your own and that there are sufficient funds or credit available to cover the cost of all purchased products. We reserve the right to obtain validation of your credit, debit card or PayPal details before accepting your order.

(b) For finance orders, payment is taken when the goods are delivered to your delivery address. For non-finance orders, payment will be taken in full at the time of the order.

(c) No contract shall be formed until we have completed all of the following steps: we have received your valid credit, debit card or PayPal payment details; we have accepted your order; and we have dispatched the goods to you.

(d) We are entitled to refuse any order placed by you.

(e) We reserve the right to accept either a discount code or cash back, but will not accept both on one order. Cash back arrangements are made through an affiliate program and shall not be deemed to be a direct arrangement with Oak Furniture Land.

(f) We reserve the right to cancel and refund any order, at any time.

5. Delivery

(a) We are able to deliver orders to you only if you have a delivery address in the following states/district: Connecticut, Delaware, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia and Washington D.C. With our free delivery to your room of choice service, the date suggested on your order confirmation is an estimated delivery date, not a guarantee of delivery. We will be in touch to confirm the date.

(b) Should you need to reschedule the date of your delivery, please call us at 1-844-304-6777 within 48 hours of receiving your delivery date and we will arrange a more suitable time for your delivery. If you need to reschedule the delivery of your item(s) after 48 hours of receiving your delivery date please, call us at 1-844-304-6777; however, depending on the status of your order, rescheduled delivery fees may apply.

(c) Once your goods have been dispatched from our central distribution center, if for any reason beyond our control we are unable to complete delivery to you, return, reschedule and / or cancellation fees may apply. Please see the Returns, Refunds and Your Right to Cancel section below for a full description of costs.

(d) Any changes made to your order could impact the delivery date. We may be unable to deliver your goods on your confirmed delivery date, particularly if you make changes to your order. If we are unable to deliver your entire order on the same day, we will deliver your order in instalments. We will not charge you for this, unless instalment delivery is made at your request, in which case we reserve the right to add additional charges. Should you not be available at the time of delivery, you will be left a card with details on so that you can contact our carrier and arrange redelivery, and additional redelivery costs will apply. You must provide a safe means of access from the public highway to the place of delivery. If our carrier considers the access unsafe, we might not deliver the goods until safe access is provided or we may cancel your order and refund payment. Redelivery, cancellation or return fees will apply.

(e) If we accidentally damage goods in the course of delivery, our liability for that damage is limited to the repair, replacement or refund of the goods delivered or the value thereof. Our liability for any other damage we cause in connection with delivery of any goods is limited to the price paid for such delivery. We will not pay compensation beyond these limits. Time of delivery is not covered in these Terms & Conditions. We will not be liable for any loss or damage suffered by you through any reasonable delay due to unforeseen circumstances.

(f) In the unlikely event that there is an issue with your goods on arrival, please contact us at 1-844-304-6777 or by emailing customerservice@oakfurnitureland.com and our customer service team will help to resolve the matter for you.

(g) Once your service request has been recorded, a member of our customer service team will look into resolving the situation and you will be contacted within 2 business days. Product issues are only dealt with by our customer service team. Please do not report them to the delivery team. You must report damages within 7 days of delivery. In exceptional circumstances, we may, in our sole discretion, accept reports of product issues up to 7 days after delivery. We will require a photograph of the damage in order to arrange a furniture specialist to resolve the issue.

(h) If you choose to have your goods delivered to your own third-party carrier, we will not accept responsibility or liability for any damage to your goods once they are out of our control. Any forwarding delivery is at your own risk. Your goods will generally be delivered via a large delivery truck, so you must ensure your property is accessible for this size of vehicle.

(i) For orders containing multiple items, the initial estimated delivery date you will be assigned will accord to the longest lead time. If multiple orders are placed for the same delivery address, we reserve the right to arrange for a single delivery and the estimated delivery date will be chosen according to the longest lead time.

(j) How to contact us:
Email: sales@oakfurnitureland.com
Telephone: 1-844-304-6777 Monday – Friday 9am – 7pm (Eastern Time)

6. Returns, Refunds, and Your Right to Cancel

We are pleased to offer our customers the following guarantee:
Cancellations

(a) You may cancel your order anytime within 48 hours of placing your order confirmation at no extra cost.

(b) We cannot accept cancellations after the 48 hour cancellation period; however, you may return items as set forth in these Terms & Conditions.

(c) You will receive your refund within approximately 30 days of cancellation.
Returns.

(a) You have 7 days from the delivery of your items to report if an item is damaged or defective.

(b) If on the rare occasion your items arrived damaged or if the items received did not conform to your order, or in the event that you discover any defect in the goods for which you require assistance, you must report the damage, nonconformity or defect within 7 days of receiving your order by calling us at 1-844-304-6777 or emailing customerservice@oakfurnitureland.com. We will require e-mailed photographs of the item(s) in question as well as a photograph of the product label.

(c) After the 7 day return period has expired, we cannot accept returns of, replace or repair, or issue repair allowances or refunds for any items purchased unless faulty as of delivery. All returns, replacements, repairs, allowances and refunds shall be at our sole discretion.

(d) Should we deem it impractical to offer a replacement product for any item that is damaged, defective, nonconforming or faulty, we reserve the right to offer a repair, an allowance for a repair, or alternatively a refund for your purchase. Replacement, repair, repair allowance or refund shall be your sole remedy and our sole liability for damaged, defective, nonconforming or faulty products of which you notify us during the 7-day return period. Before granting any such remedy, we may require you to return the product.

(e) With the exception of damaged items or items that did not conform to your order in some material way as determined by us, the costs of return shipping, handling and / or restocking fees will be at your expense.

(f) Do not return items without contacting us first. Orders sent back without prior authorization will be returned back to you and the cost of delivery charged to your account.

(g) We can only accept returns in the original packaging. Therefore, we caution you that if you open the packaging to examine the product, you must do so without damaging the packaging or the product in any way. If you do not have the original packaging, a repackaging fee may apply.

(h) Return of items is subject to your financing agreement, if any. We remind you that the purchase of any items on credit financing terms is done through a separate agreement between you and a third-party finance company. We are not responsible for the terms between you and the finance company. In the event that you seek to return items purchased under such a finance agreement, we will return to the finance company any and all sums advanced by the finance company only after we have received the items back in satisfactory condition.

(i) Any custom-made or custom-altered items are non-returnable and non-refundable unless they are materially defective or have been damaged in the course of delivery. Any items purchased on an ‘As Is’ basis are non-returnable and non-refundable unless they have been damaged in the course of delivery. We will not be liable for any damage or loss resulting from repairs attempted by you or third parties.
Refunds

(a) Full refund of the cost of the goods (where applicable) is wholly conditional upon the above conditions being met, and the refund may be authorized only after a full inspection of the returned goods by our returns department to check for completeness and correct product return. You will be refunded the full invoice amount, less cost of return shipping, handling and/or cancellation or restocking fees. Refunds will be paid via the same means by which you made payment.

(b) If you request that we pick up the item for return, then our return charges will apply and will be deducted from your refund. If you are unable, for whatever reason, to permit or allow pick-up of your goods on the confirmed date arranged, you must inform us at least 2 working days prior to the original agreed collection date so that another date can be booked. If, through no fault of our own, we cannot gain access to make the pick-up on the date agreed (or access is not safe or secure), return shipping, handling and/or cancellation or restocking fees will apply.

(c) In order to remain eligible for a refund, you are required to inspect all delivered goods within 7 working days and report any defects or damages in accordance with these Terms & Conditions. If we deliver damaged goods, goods that did not conform to your order, or in the event that you discover any defect in the goods for which you require assistance, you must report the defect within 7 days of receiving them by calling us at 1-844-304-6777 or emailing customerservice@oakfurnitureland.com. We will require e-mailed photographs of the item(s) in question as well as a photograph of the product label. Unless the items were damaged during shipping or did not conform to your order in some material way, the costs of return shipping, handling and/or cancellation or restocking fees will be at your expense.

(d) We will not be liable for any damage or loss resulting from repairs attempted by you or third parties. Failure to care for your furniture in the recommended way will result in invalidation of your warranty.

(e) All items of furniture are purchased as individual items and as such we will only refund/or replace any items which are defective or damaged. You are not entitled to reject other items purchased together with the damaged or defective items. In the event that replacement items are not available, we will refund you the purchase price or offer a similar item from another range which we believe complements the other items you have purchased. Should you have a faulty product from a range no longer available, this will not entitle any other non-faulty items to be returned. Please note custom-made or ‘As Is’ items are non-returnable.

7. Guarantees and Claims Under Guarantees

(a) We guarantee all of our products sold to you against faulty workmanship and/or faulty materials for a period of 12 months from the actual date of delivery. In all cases we reserve the right to inspect the product and verify any claim or allegation of defect, faulty workmanship or faulty materials.

(b) We will arrange to repair a defective item free of charge. Alternatively, at our sole discretion, an allowance may be paid to you to cover the cost of a local repair. We reserve the right to offer, in our sole discretion, a full refund if a repair is not accepted by you. If a repair is not possible or practical, we may offer you, at our discretion, a replacement or a full refund. Should a replacement no longer be available or circumstances determined by us make a replacement impractical, it may be replaced with an item that closely matches it. We reserve the right to send out an independent third party furniture specialist of our selection to evaluate and/or repair furniture where a customer makes any claim under this guarantee.

(c) These guarantees do not cover normal wear and tear and natural characteristics of wooden products, including movement in wooden products; neglect; abuse or misuse of your goods in failing to follow the correct care procedures as outlined in any material provided to you, including the oiling and waxing of furniture; loss or damage due to fire, smoke, water, lightning, sunlight, weather, rusting, corrosion, theft or explosion; or accidental damage or loss or damage caused by a third party.

(d) If a refund is given under the terms of this guarantee, we reserve the right to deduct from the refund a reasonable amount in line with the amount of use you have had from the product, prior to reporting the fault.

(e) This Section 7 sets forth your sole remedy for a breach of the guarantee set forth in this Section 7.

8. Privacy Policy
Our Privacy Policy available on our website is hereby incorporated into these Terms & Conditions as if fully set forth at length herein.

9. Pricing Policy

(a) If our prices are marked at a discount, then this refers to the savings Oak Furniture Land customers make when shopping with us. These discounts are exclusive to Oak Furniture Land customers.

(b) For products displaying a "Was" and "Now" price, any saving refers to the difference between our previous selling price (the "was" price) and the current price (the "now" price).

(c) From time to time we will also run various limited time only events that will include a selection of products. These will be clearly marked with titles such as "Month End Sale", "New Season Sale" and "Holiday Weekend Sale". We may mark the pricing with a "was" price and a "this weekend only" or an "extra savings price". When these events end, the price may revert to the previous selling price, which will also be displayed.

(d) If you have any further questions regarding our prices, please contact us using either our contact form or by call us toll-free at 1-844-304-6777.

10. Miscellaneous

(a) If any part of these Terms & Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms & Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms & Conditions.

(b) These Terms & Conditions contain the entire agreement between you and us relating to your purchase, and any transaction with us indicates your acceptance of these Terms & Conditions. No oral explanation or oral information shall alter the interpretation of these Terms & Conditions. You confirm that, in agreeing to accept these Terms & Conditions, you have not relied on any representation except insofar as the same has expressly been made a representation in these Terms & Conditions, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Terms & Conditions.

(c) You may send us notices or communicate with us by phone at 1-844-304-6777 and/or by email at sales@oakfurnitureland.com. If you send us an email that asks for a response and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send email to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.

(d) WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR PRODUCTS OR SERVICES OR OTHER SUBJECT MATTER OF THESE TERMS & CONDITIONS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

(e) YOU HEREBY AGREE AND ACKNOWLEDGE THAT IN NO EVENT SHALL (I) OUR LIABILITY TO YOU EXCEED THE PRICE OF THE PRODUCT GIVING RISE TO THE CLAIM OR TO WHICH THE CLAIM RELATES AND (II) WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

11. Applicable Law and Requirement of Arbitration

(a) All disputes between you and us will be resolved by BINDING ARBITRATION, except for financed purchases. You hereby agree to give up your right to go to court to assert or defend your rights under these Terms & Conditions, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT by a judge or jury. You agree that any dispute arising out of or relating to these Terms & Conditions, including with respect to the interpretation of any provision of these Terms & Conditions, or concerning our performance or obligations, or your performance or obligations, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial

Arbitration Rules at the request of either us or you pursuant to the following conditions:
(i) Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or in New York City (as determined by us).
(ii) Selection of arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
(iii) The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures. Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms & Conditions, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
(iv) The arbitrator shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(v) You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with us remaining responsible for our share of costs, expenses and fees, plus any costs, expenses and fees required of us under JAMS procedures.
(vi) CLASS ACTION WAIVER. You and we both agree that that any arbitration or other legal proceedings of any sort by or between you and us will be conducted on an individual basis and not in any class action, mass action or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms & Conditions specifically prohibit you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

(b) These Terms & Conditions shall be governed by the laws of the state of Massachusetts, without regard to any conflicts of laws rules.