Collection of Visitor Information on This Site
Mobile Delivery Updates
Links to Other Websites
Limitations on Use of Content
All rights reserved. Day Spring Furniture owns the website and all content on the website is owned by Day Spring Furniture or its respective owners. All content, data and material contained on this website are protected by one or more copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned or licensed by us and which are protected under the laws of the State of Texas, the United States, foreign jurisdictions and/or international treaties.
You are hereby granted a non-transferable, non-sublicenseable, limited, revocable, right and license to access and make use of our websites for your own exclusive benefit and solely for the purposes intended by our websites (“License”). No portion or element of this website or any of its content may be copied or retransmitted via any means without our permission. You may not remove, alter, or obscure any copyright, legal, or proprietary notices in or on any portion of our website. This website, its content and all related rights shall remain our exclusive property or the property of the licensors of such content unless otherwise expressly agreed in writing. Without our prior written authorization, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, repost or otherwise use the content of this website. Use of this website does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of these proprietary rights.
Agreement to binding arbitration and waiver of class action
Class Action Waiver. To the fullest extent permitted by applicable law, you and we agree that any claim resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. We agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not order us to pay any monies to or take any actions with respect to persons other than you, unless we explicitly consent in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. You and we agree that each may bring claims against the other only in your or our individual capacity, and not as a plaintiff or class member in any class action, representative or multi-claimant proceeding. Further, unless we both agree in writing, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding. To the fullest extent permitted by applicable law, you further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative.
Choice of Law. This agreement is governed by the laws of the State of Texas, without giving effect to any conflict of laws principles.
Limitation on Costs and Damages. In any and all actions against us, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, and shall not include punitive, incidental, special, consequential or other damages (collectively, “Special Damages”). You also waive all rights to claim Special Damages and all rights to have such damages multiplied or increased, to the extent permitted by law.
Enforceability. If our agreement to arbitrate any and all disputes, except relating to a violation or threatened violation of our intellectual property rights, is found to be void or unenforceable, venue shall be in the State of Minnesota only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the State of Minnesota.
Disclaimer of Warranties and Limitation of Liability
The Day Spring Furniture products you purchase through this website are subject to Day Spring Furniture’s “Satisfaction Guarantee” warranty as follows: If you are not satisfied with your purchase or any part of your experience with Day Spring Furniture, you should contact us and we will work with you to make it right. Purchases you make through this website are also subject to our Returns and Exchanges policy.
EXCEPT AS NOTED ABOVE WITH RESPECT TO DAY SPRING FURNITURE WARRANTY, THIS WEBSITE AND ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS OR IN ANY DESCRIPTION OF PRODUCTS OR SERVICES SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS OR SERVICES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THIS WEBSITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, AVAILABILITY, TEXT OR PHOTOGRAPHY. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED ON THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES, OR THAT THEY WILL BE AVAILABLE ON THE BASIS OF ANY INDICATED TERMS OR CONDITIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DAY SPRING FURNITURE OR ITS AFFILIATES OR AGENTS SHALL BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY YOUR USE OF THIS WEBSITE OR FOR PRODUCTS YOU PURCHASE THAT ARE NOT AS WARRANTED. THE LIMITATIONS OR EXCLUSIONS OF LIABILITY STATED HEREIN APPLY IN THE STATE OF NEW JERSEY, USA, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HOWEVER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Online Orders and Confirmation
By placing an order through this website, you make an offer to purchase the products you selected. The order you place will not constitute a binding contract between you and Day Spring Furniture unless and until Day Spring Furniture provides an on-screen confirmation of your order. A copy of the confirmation will also be sent to you to the email address provided during check-out.
Delivery and Returns and Exchanges
Terms of sale regarding delivery and returns and exchanges are provided to you at the point of purchase. You should read those terms before placing your order. In addition, our Returns and Exchanges policy applies to purchases you make. If the merchandise ordered by you is not delivered by the promised delivery date, Delight Furniture Store must offer you the choice of (1) canceling your order, or (2) accepting delivery at a specific later date.
We attempt to be as accurate as possible and eliminate errors on the website; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Out-of-stock Items; Delays
We display expected availability of out of stock items throughout the shopping experience. The availability date is a representation of our understanding, in the moment, of the item’s future planned availability. If you choose to proceed with your purchase, the item will be shipped or delivered once it becomes available. Adding an item to your cart does not guarantee the availability of that item. At checkout, if you have any full-service delivery items that are not available for delivery, you will have the option to pay a partial amount as a deposit. If you qualify for and opt for partial payment, we will collect 100% of all UPS items, taxes, and fees and 50% of all delivery items. You must pay the balance of your order prior to delivery; we will contact you to collect any remaining balance when all items are available. You will be notified if there are delays in the production of your items and you may cancel an item or order at any time.
Prohibited Activities and Visitor Obligations
As a visitor to this website you shall not:
violate any applicable local, state, national or international statute, regulation, or law;
upload, post, use, transmit or otherwise make available any content that is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or content that could otherwise be considered to be objectionable;
impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
engage in any activities or manipulate identifying material to misrepresent the origin of content;
upload, post, use, transmit or otherwise make available any content that is subject to any disclosure restrictions;
upload, post, use, transmit or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, privacy or publicity rights, or any other proprietary rights;
upload, post, use, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
upload, post, use, transmit or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
use any data mining technique, or robots or similar data gathering and extraction tools;
create a hyperlink to the website, or any page of the website, without the Day Spring Furniture express written consent, nor imply affiliation with or endorsement or sponsorship by Day Spring Furniture, or cause confusion, mistake or deception in connection therewith;
interfere with or otherwise limit the use of this website by other users; or collect, compile or store personal information about other users of this website;
share your password with anyone else;
disrupt or interfere with the security of, or otherwise cause harm to, this website or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this website or any affiliated or linked sites; or
use this website for commercial purposes.
You agree that you are solely responsible for any content (e.g., text, images, photographs, videos) and information that you upload, post, use, transmit or otherwise make available on or through this website (“User Content”).
In addition, we may obtain data such as name, image, voice, signature, statements and quotes, stories or anecdotes, personal or commercial attributes or identifying features, interior or exterior photographs, videos, or other depictions of premises, home or office, images of family, friends, or pets, stories, commercial attributes or identifying features (collectively “Media”), in connection with agreements with certain individuals, including our photo release form, likeness form, and location form, and we may use such Media on our website, with our other online activities, and/or in our marketing.
Although Day Spring Furniture has no obligation to screen, edit or monitor any of the User Content, user conduct, or Media on this website, Day Spring Furniture reserves the right, and has absolute discretion, to remove, screen or edit any User Content and Media and to monitor any user conduct on this website at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By posting User Content to this website or transmitting User Content through this website you hereby irrevocably consent to the unlimited reproduction, distribution, display, performance, and other use by Day Spring Furniture of your name; image; likeness; voice; username; caption; location information or other identifying information; biographical information; statements, quotes and stories; and any interior or exterior photographs or other depictions of your rooms, residence, home or office, which may or may not contain images of your family, friends, or pets (each, a “Likeness”), for any purpose, and in any format or medium now known or hereafter devised. Day Spring Furniture may, in its sole discretion, and without providing notice to or receiving consent from you, modify, change, adapt, or otherwise alter a Likeness. The rights granted under this paragraph are without compensation or notification to you of any kind, except as required by law. All User Content and Media becomes the property of Day Spring Furniture may use the User Content and Media for any purpose. See the Submissions section below for more information.
Our website may provide you and other users of our website with the opportunity to tell Day Spring Furniture and other users of our website what you think about our products or services (“Product Reviews”). If you create and post a Product Review, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and Day Spring Furniture does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Product Reviews shall not in any respect whatsoever modify any warranties, disclaimers, limitations or obligations of Day Spring Furniture. You agree that you are solely responsible for your use of Product Reviews, and that you use the Product Reviews at your own risk.
We may provide functionality on our website that allows you to chat with Day Spring Furniture representatives via our website (“Web Chat”). Your Web Chat with Day Spring Furniture shall not in any respect whatsoever modify any warranties, disclaimers, limitations or obligations of Day Spring Furniture. The user bears full responsibility for all contents, phrases and entries submitted by the user in connection with the use of Web Chat.
Submissions to Day Spring Furniture
Any and all materials you send or submit to us or a third party provider on this website, including, without limitation, comments, suggestions, Product Reviews, User Content, photos, or contest or sweepstakes entries (collectively, “Submissions”), shall become our property; and you hereby transfer and assign to us all of your right, title and interest in and to any such Submissions, including without limitation, any and all related copyrights, moral rights, trademarks, patents, trade secrets and/or other proprietary rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant Day Spring Furniture an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and publicly perform such Submission throughout the universe in any media, now known or hereafter devised. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Day Spring Furniture shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
Media we obtain via agreements with certain individuals, including our photo release form, likeness form and location form, is Day Spring Furniture property and/or Day Spring Furniture has been assigned, granted or licensed use of such Media. Day Spring Furniture has the right to use, re-use, re-print, reproduce, edit, alter, enhance, copy, exhibit, publish or distribute in all forms of media and for any lawful purpose for an unlimited amount of uses over an unlimited time period. Day Spring Furniture shall be free to use Media for any purpose whatsoever without providing notice or receiving consent, and without restriction or compensation.
Third Party Providers of Functionality on the Website
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information provided by you, including any personal information, during the registration process may be used by us for notice purposes, including by way of illustration only, we may email you at the email address provided by you to give you notice.
We may use a third party to manage or process purchases made by you on our website. You agree and acknowledge that services rendered by such a third party to us are provided on an independent contractor basis and that nothing herein shall be construed as creating a joint venture, partnership or for sale agency by and between the third party and us.
Continued Operation, Accessibility and Maintenance of This Website
We may interrupt, modify, change, suspend, terminate or discontinue the operation of this website or the provision of any services without notice and to the fullest extent permitted by applicable law, we reserve the right to refuse service to anyone at any time. We shall have no responsibility to provide you access to the website, while interruption of the website due to any such cause shall continue. You agree that we and our agents shall not be liable to you for any loss or liability resulting directly or indirectly from delays, interruptions or inability to provide you access to the website.
Information or Complaints for California Users
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to [email protected]
This agreement constitutes the entire agreement between you and Day Spring Furniture with respect to the products and services and supersedes all prior or contemporaneous agreements, terms or conditions, oral or written, between you and Day Spring Furniture, unless otherwise noted herein.