Terms and Conditions
Godby Home Furnishings provides this website (the "website" or "site") for its customers and other permitted users. We've worked hard to give you the information here and elsewhere on our site to get you comfortable with our site. These Terms and Conditions of Use (the "Terms and Conditions") help enable us to provide you with the information, other content and other features available through our site.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to these Terms and Conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not use this site.
Warranty Disclaimer
This site and the materials available on or through this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Godby Home Furnishings disclaims all warranties, express or implied, concerning this site or its use, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Godby Home Furnishings does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Godby Home Furnishings does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. In addition, as to products ordered through this site any liability for defects or issues with such products is limited by the terms of any applicable manufacturer's product warranties or other written warranties that accompany such products.
Limitation of Liability
You are responsible for maintaining the confidentiality of your account and any related passwords. For products ordered through this site, risk of loss passes from Godby Home Furnishings when the product is placed for delivery to you with a delivery carrier that is other than Godby Home Furnishings. Godby Home Furnishings shall not be liable for any indirect, special or consequential damages that result from the use of, or the inability to use, the materials on this site, the performance of any products ordered through this site, or delay in delivery of any products ordered, even if Godby Home Furnishings has been advised of the possibility of any such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Pricing or Other Information Errors and Inability to Fulfill Orders
In the event that a Godby Home Furnishings product is mistakenly listed at an incorrect price or with other incorrect information, Godby Home Furnishings reserves the right to refuse or cancel any orders placed for product listed at the incorrect price or based on incorrect product information. In addition, Godby Home Furnishings is not responsible for any inability to fulfill orders due to reasons beyond our control, including, but not limited to, inability to obtain products from manufacturers or distributors for any reason, product backorders or product discontinuation. Godby Home Furnishings reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Godby Home Furnishings shall issue a credit to your credit card account in the amount charged.
Privacy Policy
Your use of this site is also subject to our Privacy Policy, which you may review by clicking here.
Product Availability
Upon receipt of your order or inquiry, we offer no specific guarantee of stock availability. Supply from manufacturers, customer demand and unforeseen acts of nature can all inhibit product availability. We take every reasonable precaution to ensure that all of the products displayed on our website and in our showrooms are in stock or are readily available from the manufacturer.
Pricing Policy
Unless otherwise noted, prices on the Godby Home Furnishings Web site are listed at prices generally consistent with our showroom pricing, but may vary. Prices are subject to change and are non-negotiable.
Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Godby Home Furnishings Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Returns
Merchandise received in good condition is not returnable or cancelable, no refunds are available.
Trade Area
It is the intent of Godby Home Furnishings to sell only to persons residing within our normal trade area of Central Indiana. We will not ship, drop ship, or transport product in any way outside of this area. Indiana state sales tax will be collected on all orders as directed by state statute.
Product Display/Colors
The Godby Home Furnishings website attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Godby Home Furnishings. The collective work includes works that are licensed to Godby Home Furnishings. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Godby Home Furnishings or purchasing Godby Home Furnishings products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Godby Home Furnishings or to purchase Godby Home Furnishings products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Godby Home Furnishings. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Godby Home Furnishings used in the site (including, but not limited to, the name or phrases "Godby Home Furnishings", "MyGodby Home Furnishings") are trademarks or registered trademarks of Godby Home Furnishings.
Applicability of Terms and Changes
These Terms and Conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These Terms and Conditions, or any part of them, may be modified by Godby Home Furnishings without notice at any time, for any reason; provided that if we decide to modify these Terms and Conditions, we will note at the bottom of these Terms and Conditions the date of the last update and for a period of 90 days after each update, we will also label the link on our website home page to these Terms and Conditions with the words "Updated Terms of Use" or similar wording, which will alert you to changes in these terms and conditions. If your use of our site is terminated for any reason, the provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any such termination.
Restrictions and Disclaimer Concerning User Content
Godby Home Furnishings does not assume any responsibility to review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Godby Home Furnishings is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Godby Home Furnishings reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Godby Home Furnishings in its sole discretion.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Godby Home Furnishings or other employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Indemnification
You agree to indemnify, defend, and hold harmless Godby Home Furnishings, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Godby Home Furnishings may link to sites operated by third parties. However, even if the third party is affiliated with Godby Home Furnishings, Godby Home Furnishings has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Godby Home Furnishings. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Godby Home Furnishings seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Notice and Address
Godby Home Furnishings may deliver notices to you concerning your activities on this site by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Godby Home Furnishings.
Godby Home Furnishings' mailing address is as follows:
Godby Home Furnishings, Inc.
17828 US 31 N.
Westfield, IN 46074
