If you have any questions about these policies, the practices of this site, or your dealings with this site, please contact us via one of the methods listed on our Contact page.

Last Updated: December 2007

TERMS OF USE

Thefutonshop.com provides its services to you subject to the following terms. If you visit or shop at Thefutonshop.com, you accept these terms. Please read them carefully.

ELECTRONIC COMMUNICATIONS

When you visit Thefutonshop.com or send e-mails to us, you are communicating with us electronically. 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 communications be in writing.

COPYRIGHT

TRADEMARKS

The Futon Shop is a registered trademark of A. Diamond Production, Inc. in the United States. Thefutonshop.com and The Futon Shop's trademarks and trade dress may not be used in connection with any product or service that is not Thefutonshop.com or The Futon Shop's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Thefutonshop.com or The Futon Shop. All other trademarks not owned by A. Diamond Production, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by A. Diamond Production, Inc.

LICENSE AND SITE ACCESS

Thefutonshop.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of A. Diamond Production, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of A. Diamond Production, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Thefutonshop.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Thefutonshop.com or The Futon Shop's name or trademarks without the express written consent of A. Diamond Production. Any unauthorized use terminates the permission or license granted by Thefutonshop.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Thefutonshop.com so long as the link does not portray A. Diamond Production, Inc., Thefutonshop.com, The Futon Shop, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Thefutonshop.com logo or other proprietary graphic or trademark as part of the link without express written permission.

RISK OF LOSS

All items purchased from Thefutonshop.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Thefutonshop.com attempts to be as accurate as possible. However, Thefutonshop.com does not warrant that product descriptions, color swatches or other content of this site are accurate, complete, reliable, current, or error-free. Please visit our Contact page to have a free fabric swatch mailed to you if you are concerned about an exact color match. If you purchase a product offered by Thefutonshop.com and it is not as described when you receive it, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY THEFUTONSHOP.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEFUTONSHOP.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THEFUTONSHOP.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THEFUTONSHOP.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THEFUTONSHOP.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEFUTONSHOP.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Thefutonshop.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Thefutonshop.com.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this page. These policies also govern your visit to Thefutonshop.com. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

LARGE ITEMS (futon mattresses, frames, tables, chairs, ottomans, shoji screens, shikibutons, and other large items): Shipped via common carrier. Standard ground shipping is desinated as curbside delivery within seven to fifteen business days. This does not include set-up or assembly, because delivery is provided by a third party. Cost: $140 for each item or a frame and/or futon. All covers and pillows will be $25. Please call for bunk beds and case goods and special king sizes.

SMALL ITEMS (covers, pillows and other small accessories): Anything that falls within UPS's size limits will be delivered via UPS Ground Service. Shipping charge of $25 for each item, unless purchased with a frame and/or futon (see above).

THE FUTON SHOP'S HOME DELIVERY (in California only): Available within 30 miles of a retail location. Delivery charge of $140 will be added to your final invoice per frame & futon. Bunk beds and room groups are delivered for $140. When Customer Service contacts you, you will be asked to make a delivery appointment. *Set-up and assembly is included in the home delivery price. (*Applies to Northern California.) Additional $25 assembly fee for Southern California.

GROUND SHIPPING: Shipping charges will automatically be added to your final invoice, based on the items purchased, and their size. Expedited shipping is available for an additional charge. Please contact customer service at info@thefutonshop.com to determine charges and arrange shipment. If you are not presented with shipping charges when you check out, your invoice will be transmitted to Customer Service, and they will contact you within 1-2 business days to provide you with the shipping charges. Shipping charges are non-refundable. Although shipping charges are built in or free with certain accessories and packages, actual shipping charges are non-refundable.

SHIPPING OUTSIDE THE CONTIGUOUS 48 STATES: When you check out, your invoice will be transmitted to Customer Service. They will contact you within 1-2 business days to provide you with the shipping charges.

IN-STORE PICK UP: No longer offered for Web orders

WARRANTY POLICY

Limited Warranty
Wood is a natural material with variations of color, shade, configuration, streaks and grain structure. Each individual piece of The Futon Shop furniture has characteristic markings that will differ from photo and showroom samples.

1. Do not expose your furniture to heat or liquids
2. Avoid using oil/thinner based furniture cleaners. Use water based cleaners or a damp cloth only.
3. Articles such as glasses, bookends, flowerpots and hot cups and dishes should have a cloth or felt type pads pm them. Beware of some felt pads that have a pre-glued side as some of these adhesives contain chemicals that can damage the finish.
4. Always remember to lift objects rather than slide them across the finish.
5. Tighten the nuts and bolts every few months to avoid wear and tear, especially on moving parts.
   

We at The Futon Shop recognize that our customers expect us to support our quality products. Our warranties are a function of the products you have purchased. WE WARRANTY TO THE ORIGINAL PURCHASER THAT THE PRODUCTS YOU HAVE PURCHASED FROM THE FUTON SHOP WILL BE FREE FROM MANUFACTURER DEFECTS IN MATERIALS AND WORKMANSHIP FOR THE AMOUNT OF TIME SET FORTH BELOW. All warranties run from the date of purchase.

Hardwood frames Limited Lifetime Warranty of 5 years
Skypad sofa beds Limited Lifetime Warranty of 5 years
Pine Frames Limited Warranty of 1 year
Metal Frames Limited Warranty of 1 year
Case goods Limited Warranty of 1 year
Platform beds Limited Warranty of 1 year
Futon mattresses: seams, tacking & zippers Limited Lifetime Warranty 7 years
Slipcovers & pillows: seams & zippers Limited Lifetime Warranty 7 years

All warranties are Limited warranties. Limited warranties cover manufacturer defects only and do not cover normal wear and tear or damage resulting from neglect, accidental or intentional damage, institutional or commercial use, or exposure to extremes in temperature, humidity or to weather.

YOUR LIMITED WARRANTY RESPONSIBILITY in the event of a defect occurring during the warranty period. Which we determine to be the result of defects in materials or workmanship, we will repair or replace the defective part or product at our discretion. If you wish us to pick up furniture items regarding warranty issues, this can be arranged by calling the original purchase location or the nearest store location. **All pick up ups and returned deliveries will be charged at our standard delivery rates.** If we determine at our discretion that there is a defect covered by our warranty, we will take responsibility for repair or replacement as set forth above. If we cannot repair or replace an item, we reserve the right to substitute a substantially similar part or product, or to pay to you a pro-rated portion of the purchase price of the defective product based on the length of time you have owned the products as compared to the length of the warranty period. Any such payment shall be paid in full satisfaction of all claims for breech of warranty, which you might have against The Futon Shop. Thank you for your business.

RETURNS AND CANCELLATIONS POLICY

ALL SALES ARE FINAL ON SPECIAL OR CUSTOM ORDERS, CLEARANCE ITEMS, SINGLE, KING AND SPLIT (TWO-PIECE) COVERS. IN ACCORDANCE WITH CALIFORNIA LAW, ALL FUTON MATTRESS SALES, SHIKIBUTON SALES ANF FLIP CHAIR SALES ARE FINAL. You may return any other item purchased within three (3) days of receipt. Covers and pillows can be EXCHANGED within three (3) days of receipt. All returned or cancelled items are subject to a 20% re-stocking fee, with remaining balance issued as in-store credit, valid for six (6) months. The customer is responsible for shipping costs. All merchandise exchanged or returned must be boxed/wrapped/packaged in its original condition or it will not be accepted. Actual shipping charges on any item or package are non-refundable.