Terms and Conditions

Last Modified: June 30, 2020

TERMS AND CONDITIONS

Welcome to HomeGalleryStores.com. Home Gallery Stores (“HGS”) is a division of Renegade Furniture Group, Inc. and offers products and services to you when you visit our store at HomeGalleryStores.com. When shopping at Home Gallery Stores, whether the order is placed over the phone or via the website, you agree to the following terms and conditions. Please read them carefully and contact us if you have any questions.

PRODUCTS

All products sold are brand new, undamaged, and have never been used.

HGS retains ownership of any products ordered until full payment has been received for such products. HGS works closely with our vendors in an effort to make 100% certain that all product colors, dimensions, and photos are exact; however, there are at times minor discrepancies based on screen resolution, and other possible factors. Any questions or hesitations based on color or dimensions must be discussed before placing your order. HGS will not be responsible for minor discrepancies from what was advertised. All product information is provided to us by our vendors. All products on HomeGalleryStores.com may be classified under California Proposition 65 regulations.

TAXES

We do not collect sales tax for states outside of Alabama, Arizona, California, Connecticut, Iowa, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Minnesota, New Jersey, Nevada, North Carolina, Ohio, Oklahoma, Pennsylvania, New York, Tennessee, Utah, Washington State, & Wisconsin residents; however, you may be responsible for reporting your purchase and paying sales tax directly to your state.

SHIPPING METHODS

HGS ships all orders via one of the following two delivery methods:

• White Glove Delivery: The majority of furniture offered for sale on HGS falls into this category. Our trained furniture delivery specialists will schedule your delivery with you in advance. At the scheduled delivery appointment, the team will deliver your furniture inside your home, unpack it, assemble it in your room of choice, and remove all excess packaging materials. This superior level of service has been offered to all HGS customers throughout the 48 contiguous United States since we began pioneering the concept of selling furniture online, way back in 1999. HGS has an extensive vetting and training process to assure only the highest level of service is offered by our delivery agents.
• LTL Delivery: Some items are not available for white glove delivery. This generally applies to smaller items, such as artwork, nightstands, lamp etc. will ship via UPS or FedEx (Standard Delivery). Additionally, some manufacturers, such as TOV, Bush, Uttermost, Zuo are all delivered via a 3rd party carrier service. These type of orders will be delivered and brought to your home (or building entrance). However, the customer is responsible for bringing the products into the home and assembling if it is necessary. If you have any questions about our unique delivery process please call our trained specialists at 888-431-9448 or email www.HomeGalleryStores.com/contact-us

SHIPPING

Shipping is always free to the 48 contiguous United States. We do not make deliveries outside of this territory to Alaska, Hawaii or Puerto Rico at this time. Delivery charges may apply if the customer is not available to receive their order at the agreed upon date and time that was previously scheduled with them by the delivery company.

Certain areas that are inaccessible with our standard home delivery trucks (we do not use semi trucks for residential deliveries), or locations which require alternative delivery methods (for example; if we need to deliver to an island which may only be accessed by boat) will require extra fees. However, in those instances, said fees will be reviewed with you prior to delivery.

If we cannot contact you to set up delivery for a period of 30 calendar days, and we have no record of you contacting us or the delivery agent, HGS reserves the right to treat the order as a return and refund you according as per our return policy.

Deliveries that require our team to work in excessively tight conditions or to carry furniture beyond two flights of stairs may incur additional delivery charges.

INTERNATIONAL SHIPPING

We do not make international deliveries at this time. However, we can deliver your order to a freight forwarder of your choosing. It is the customer’s responsibility to hire a freight forwarder and pay all overseas shipping fees directly to the freight forwarding company.

DELIVERY TIME FRAMES

Delivery times can vary based on what you order and where it is being delivered to. If you have questions about the availability of any product or need an estimate for delivery, please call our Sales department at 888.431.9448.

Once an order is processed, we will call and give you an approximate delivery time frame. In stock items are usually delivered within 1-4 weeks from when the order was placed. We will continue to update you on the order as it progresses. Delivery time frames are an estimate - actual delivery may occur earlier or later than scheduled due to the nature of long-distance, nationwide furniture delivery and unforeseen events. HGS is unable to offer compensation for deliveries that do not occur exactly as scheduled.

DELIVERY PROCEDURES

Please follow these procedures to ensure a smooth delivery:

• Allow for at least one hour before and after the scheduled delivery time for unforeseen circumstances that would cause the delivery to occur earlier or later than scheduled. Allow more time for remote areas or area/times of day that are subject to heavy traffic.
• Designate a friend or family member to serve as a "back-up" to accept and inspect the delivery on your behalf; make sure they understand what to do when the order arrives.
• Clear all pathways to the room in which you would like the items to be delivered, and measure all doors and pathways to ensure your order fits into your home.
• HGS requires that you completely inspect the merchandise thoroughly prior to the delivery companies departure. Inspect the top, bottom, left, right, front, back, interior, exterior, and all moving parts, including, but not limited to drawers, doors, and reclining mechanisms. You are required, as well, to inspect the assembly provided by our delivery partner.
• Take pictures of items that arrive with damage or manufacturer defect, as digital images are often required by the manufacturer.
• If our delivery partner confirms a delivery date, and you miss that confirmed date, you agree to pay the additional shipping fees for a second delivery, which will vary per order but can range from 20%-30% of your order total.
• Always measure the space you plan on placing your new furniture to make sure it will fit prior to placing an order.
• Our delivery service does not include disassembly. Should the customer desire to have an item disassembled, the customer would be responsible for doing so themselves.
• If an item does not fit in customers home and needs to be returned, a customer will be charged a 15% restocking fee as well as round trip actual shipping fees incurred by HGS. If multiple delivery attempts are made, the customer will be responsible for all delivery costs after the initial attempt. If we are unable to reach you to set up your delivery for a period of 30 calendar days or more, HGS reserves the right to treat the order as a return. You will be refunded using the address and payment information last supplied to us.

CANCELLATION POLICY

To cancel an order, a customer must email HGS. Please send us a cancellation request via email. Requests for cancellation are not complete until they are confirmed by HGS.

Orders may be canceled for any reason within 1 business day without incurring any restocking fees or delivery costs. Any cancellation of an order after this initial period will need to follow the Cancellation Policy procedure described below.

HGS makes every effort to deliver orders to our customers as quickly as possible unless a customer requests an order to be held for a period of time. Once an order is assigned a trip or is already in transit, it cannot be canceled without the customer paying round trip shipping fees and a 15% cancellation fee. There are high costs moving furniture across the country, and by having this policy we are able to keep our costs low and pass significant savings to our customers.

HGS’s Free Shipping offer is based on the customer keeping the order. Customers canceling their order are required to pay the original and return shipping costs even if the order qualified for Free Shipping. All shipping charges are non-refundable. All associated cancellation fees will be deducted from your refund.

DAMAGES

HGS makes every feasible effort to make sure that your order arrives to you in perfect condition the first time. However, despite taking extreme precautions protecting the furniture, and only working with premium and vetted delivery agents, damages may occur on rare occasions. Customer agrees to allow HGS, the manufacturer, and/or our shipping agent the opportunity to remedy the damage or defected issue. Said resolution will be at no cost to the customer. Customer agrees to accept the remedy selected by HGS, the manufacturer or the shipping agent. Our goal always is to make our customers happy. However, if a customer prefers to cancel the order rather than allowing us to remedy the issue(s), the order will be considered a cancellation, and as such, subject to our cancellation policy.

In the unique event that damage occurs, below outlines the required protocols based on our three delivery variations.

• For White Glove Delivery:
• We inspect each of the items prior to delivering to customers, to make certain that the furniture is in perfect condition. Additionally, our excellent packaging and shipping experience reduces the chances of damage occurring.
• At the time of delivery, review your entire order. Inspect the top, bottom, left, right, front, back, interior, exterior, and all moving parts, including, but not limited to drawers, doors, and reclining mechanisms. You are required, as well, to inspect the assembly provided by our delivery partner.
• Our delivery partner will assemble the furniture, and any improper assembly must be addressed at the time of the delivery. As the customer accepting delivery, it is your responsibility to ensure that your order is assembled properly and you agree that you are responsible for issues that arise from improper assembly. HGS does not warrant or guarantee assembly and is not responsible for damage to goods, personal property, or persons due to improper assembly.
• All damage or improper assembly must be reported at the time of delivery and notated on the Bill of Lading, or Home Gallery Stores will not be responsible for remedy, restoration, or replacement. If a product is found to have damage, and damage is noted on the delivery receipt; we will send the necessary parts and correct the problem at our expense. Remedies may include, but not limited to repair by a professional furniture repair technician, part replacements, both repair and part replacements, or a full unit replacement, all at no cost to the customer.
• For Small Parcel Delivery (FedEx or UPS):
• Retain all packaging and report the damage to HGS immediately. We will require photos of both the packaging and the damaged item. Concealed damage must be reported to us and the shipper within 24 hours of arrival.
• For 3rd party LTL Carrier Delivery:
• Deliveries via this service will not be completed unless someone is present who can sign and accept the delivery. If there is visible damage to any of your items, refuse only what is damaged, and you must notate the BOL receipt that the driver asks you to sign. Concealed damage must be reported to us and the shipper within 24 hours of arrival.

All shipments are insured against damage. When your order arrives, please take the time to ensure the paperwork is accurate and that the correct items and/or number of cartons have been delivered. Please also inspect the packaging and the package contents for any shipping damage. Any damage caused from shipping must be noted on the delivery receipt or the insurance cannot be claimed. If there is a partial damage or shortage to an order, accept the good items and list damages and or shortages on the delivery receipt.

If the order shows or develops a manufacturer defect after delivery and within the manufacturer’s warranty period, please contact HGS for assistance.

If we request information, such as pictures, serial numbers, or repair quotes, and do not receive a response from you for 30 consecutive calendar days, it is assumed that you are keeping the order in its current condition and no further remedies will be offered.

RETURN POLICY

Customer satisfaction is our top priority. If you are unsatisfied for any reason with your purchase, you can return it within 5 days of delivery. Returned items must be new and in unused condition. A few of our vendors may be excluded from our return policy. Any exceptions are noted on the page of the item. Special orders where custom fabrics or colors are selected are non-refundable. Bedding, mattresses, foundations and linens are also non-refundable and cannot be exchanged. Returns are only accepted in their original boxes, and should be unassembled. Once an item has been assembled it is no longer returnable unless written exemption was provided by HGS.

To return items for a refund, please contact us via email for an RMA (Return Merchandise Authorization). We ship items from multiple warehouses across the United States; therefore, it is very important to contact us so we can provide the correct return warehouse address.

• Customer must e-mail HGS a request for a Return Authorization Number within five (5) calendar days from receiving delivery.
• Returned items must be received by HGS within twenty (20) days from the date the return authorization is issued. If Items were received via a white glove delivery, we will have the delivery agent contact customer directly to schedule a pickup date.
• HGS will calculate and provide to you in writing or email, applicable restocking fees, and actual delivery charges. A Return Authorization number will not be issued until HGS receives written acceptance from a customer of all return fees via email or fax.
• Refunds, if applicable, will not be issued until item(s) are inspected by HGS, manufacturer or an authorized 3rd party agent of HGS

Full Refunds May Not Be Issued If:

• The item(s) is determined by HGS 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.

DISPUTES

Any dispute or claim relating in any way to your use of any HGS products or services sold or distributed through HomeGalleryStores.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 HGS, 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 HGS for the cost of goods as well as any shipping costs you actually paid directly to HGS (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 HGS, 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 HGS for being unable to complete an order. You agree that, in all instances, you are not entitled to, and HGS 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 HGS.

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 Home Gallery Stores 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.

DISCLAIMERS

• Finishes and colors online may not accurately represent the true color or pattern. Customer accepts liability for their purchase. If the customer received delivery of an item(s) with a finish, color, or texture that varies from what you saw on the HGS website, or any website other than HGS, at a physical furniture store, or recommendations you received from a HGS sales representative. Dimensions displayed by HGS or the manufacturer are occasionally rounded to the nearest whole number. Furthermore, customer accepts liability if the dimensions of furniture received are within 2 inches of the dimensions displayed on HomeGalleryStores.com.
• The customer is responsible for reviewing the order confirmation details sent to them, and notify HGS within 24-hours if you did not receive the order confirmation email, and contacting us regarding any errors or inaccuracies so that HGS may revise the order details to reflect the correct information.
• Before ordering, always measure the space you plan on placing your new furniture in to make sure that it will fit. If purchased item(s) cannot fit into the home or room and need to be returned, the order will be subject to HGS’s cancellation policy.
• Errors on Our Site: We try to be as accurate as possible. However, we do not warrant product descriptions or other site content are accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change. Rarely an item listed as available on our site may not be available, or an item may be mispriced, despite our best efforts. For any of these reasons, we may cancel your order, or we may contact you for instructions on the order.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Home Gallery Stores 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 Compliance

Home Gallery Stores 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
• Salesforce - Customer relationship management
• Matomo - User Activity

Home Gallery Stores 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 Home Gallery Stores, Home Gallery Stores strives to limit the disclosure. Home Gallery Stores will only release specific data mandated by the relevant legal demand.

If compelled to disclose your data, Home Gallery Stores 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 one of the following methods:

Via phone: 800-974-5255

Via email: [email protected]

Via postal mail: Attn: CCPA Compliance - 333 Washington Ave. Cedarhurst, NY 11516