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DUMP EVERYTHING! OUR ONCE-A-YEAR CLEARANCE EVENT SHOP NOW or FIND YOUR OUTLET

PRIVATE APPOINTMENTS ARE AVAILABLE! CHOOSE IN-PERSON OR VIDEO CHAT SCHEDULE NOW

Terms & Conditions

OVERVIEW

Thank you for shopping at The Dump! We greatly appreciate the opportunity to help furnish your home, and we hope you will enjoy your purchase for years to come. The Dump’s promise is to offer famous brand name furniture, bedding, and floor coverings at prices that are discounted 30-70% off of what others charge. In order to keep that promise, the following terms and conditions apply to your purchase.

For your convenience, the following contact emails and phone numbers are provided:

  • For day of delivery or day of customer pick up questions, please call the store number provided on the front of the sales ticket;
  • For after-delivery service, please email [email protected] or call 800-768-0348;
  • For questions concerning your financed account, please visit www.mysynchrony.com or call 866-396-8254.

ALL SALES FINAL: In order for The Dump to be able to buy overstocks, one-of-a-kinds, factory sell outs, showroom models, and design prototypes at discounted prices and pass the savings on to its customers, all sales (except bedding sales) are FINAL.

EXCLUSION AND/OR DISCLAIMER OF WARRANTIES: In keeping with The Dump's promise stated above, The Dump did not provide any skill or judgment to furnish or help you select merchandise to suit any particular purpose. Any samples or models used to assist you in selecting the merchandise you are purchasing serve only to indicate the type of merchandise that will be delivered to you or tendered to you for pickup. We will deliver to you the make and model of the merchandise you selected, but please understand that the merchandise that will be delivered or tendered to you may not conform in every respect to the floor samples or models. For example, numerous customers may have sat on the floor model of the chair you selected, so the seat cushion of the chair delivered to you may feel firmer than the floor model. Accordingly, the floor samples or models create no warranty that the merchandise that will be delivered or tendered to you will conform to the floor samples or models. No defect in, or unfitness of, the merchandise delivered to you or tendered to you for pickup shall relieve you of your obligations under this agreement. The Dump has not made, and does not make, any warranties, express or implied, directly or indirectly, including, without limitation, warranties of merchantability or fitness for any particular purpose, and/or warranties relating to the design or condition of the merchandise or of the quality of the material or workmanship of the merchandise. THE MERCHANDISE YOU ARE PURCHASING IS SOLD BY THE DUMP, AND IS PURCHASED BY YOU, "AS IS" AND "WITH ALL FAULTS."

The Dump makes available for purchase a Five Year Protection Plan (the "Protection Plan") on most of the merchandise it sells.

Protection Plan Purchase: The Protection Plan, which excludes coverage for bedding and any furniture used in rental homes or commercial settings, is offered and explained at time of purchase. The GBS protection plan terms and conditions that detail coverage under the plan, are provided by the store. You understand that The Dump is not a party to the Protection Plan agreement and has no obligations to me under the Protection Plan even though: (i) I may be required to obtain service under the Protection Plan solely through The Dump for up to one year from the date of my merchandise purchase, and (ii) The Dump may assist GBS in ordering parts and/or a replacement item as indicated in the Terms & Conditions.

In the event a Protection Plan claim needs to be filed, the following contact numbers are applicable:

To file a Plan claim: for defects within One Year of Date of Purchase: Please call Dump Customer Service at 1-800-768-0348.

For accidental damage within the first year, or defects After One Year of Date of Purchase: Please call GBS Enterprises at 1-888-585-9488.

OR

Protection Plan Decline: The Protection Plan, which excludes coverage for bedding, may be offered and explained at time of purchase, and you may DECLINE TO PURCHASE the Protection Plan. Please understand that no returns or exchanges are allowed, as described below.

DELIVERY: The Dump is pleased to make delivery services available to its customers. To keep our costs low, we offer delivery through third-party delivery companies. Customers are not obligated to use the delivery services provided by The Dump and may secure delivery via another company (deliveries that customers arrange through such other companies will be treated as a customer pickup). Please have your room ready for your delivery as the delivery service providers do not dismantle furniture, move or handle your other furnishings or electroncis, and they are not permitted to affix anything to your walls. Refused deliveries (including, but not limited to, no-fits, customer not-at-home and on-the-road-cancellations) shall be subject to a restocking fee of 15% of the purchase price. Redelivery shall also be subject to an additional redelivery charge. No refunds are allowed for no-fits, customer-not-at-home, and on-the-road-cancellations. Delivery fees are not refundable.

WILL IT FIT?: It is your responsibility to ensure that all the items you are purchasing will fit in the intended areas of your home. If your home has narrow doorways, staircase turns, or low ceilings, you should measure these locations to ensure proper fit. The items you are purchasing must fit in the normal pathways of your home as The Dump’s delivery service providers cannot hoist the items to an upper floor, nor can they make a delivery above the third floor without a freight elevator. The Dump and/or its delivery service providers do not dismantle furniture. It is important that your room is empty and the space is available to receive your new furnishings. The Dump's delivery service providers are not permitted to move or handle your other furnishings or electronics, and they are not permitted to affix anything to your walls. If your furniture is unable to be fitted in the desired location, you will be subject to a restocking fee of 15% as stated in our DELIVERY paragraph above.

It is your responsibility to inspect your items for any delivery damages or manufacturing defects, and damage must be reported to the delivery driver before the delivery truck leaves your premises by contacting a Dump representative. The Dump carefully inspects merchandise for manufacturing defects before releasing it to its customers, and works diligently to ensure deliveries take place without damage. In the rare instances where manufacturing defects or delivery damages occur, The Dump's obligation is dependent upon the type of merchandise involved, as follows:

  • Stock Merchandise is merchandise provided from The Dump’s warehouse stock which will be provided to you in the condition in which it was received from the factory. Manufacturing defects and/or delivery damage must be reported to the delivery driver before the delivery truck leaves your premises, or, in the case of customer pickup, by contacting a Dump representative at the time of pick-up.
  • Floor Merchandise is merchandise purchased directly off The Dump’s sales floor. You are required to inspect all Floor Merchandise prior to purchase, and any pre-existing conditions involving Floor Merchandise will be noted on the Sales Order. Subsequent delivery damage must be reported to the delivery driver before our delivery truck leaves your premises, or, in the case of customer pickup, by contacting a Dump representative on the same day as pickup.
  • Clearance Merchandise is merchandise noted as such on the price tag accompanying each clearance item. You are required to inspect all Clearance Merchandise prior to purchase, and any pre-existing conditions involving Clearance Merchandise will be noted on the Sales Order. Subsequent delivery damage must be reported to the delivery driver before our delivery truck leaves your premises, or, in the case of customer pickup, by contacting a Dump representative at the time of pick-up.

In the event you designate someone other than yourself to pick up or receive your merchandise, it is the responsibility of your designee to inspect and report any defects or damages. Failure of your designee to do so will result in your waiver of any claim against The Dump for a manufacturing defect or delivery damage.

In the event you properly and timely report to The Dump (i) a manufacturing defect, or (ii) delivery damage for which The Dump is responsible, you will have the following options:

  • You can accept the merchandise, and The Dump will schedule a repair technician to come to your home and repair the item(s) in question (not available if your home is over 45 miles away from The Dump); or
  • You can refuse to accept the item(s) in question, and The Dump will replace the item(s) (in the case of home delivery, via a second delivery, for which there shall be no additional delivery fee).

You agree that neither The Dump nor its representatives will be liable for any delays in delivery of merchandise to you.

In the unlikely event that damage occurs to your property, home, or business during the course of a delivery, such damage must be reported to the delivery driver at the time of delivery and be noted on the delivery manifest. No claims shall be allowed after the delivery truck has left your premises.

Any exchange or return must be accompanied by a Returned Merchandise Authorization issued by Dump Customer Service. Merchandise that is not in substantially the same condition as when purchased may not be exchanged or returned. Except as hereinafter provided, you are responsible for all costs related to returns and exchanges, including, but not limited to, delivery fees. The following exceptions also apply:

  • Bedding: Pursuant to applicable federal and state laws, all bedding sales are final. However, in the event that the bedding has not been removed from its original, sealed packaging, bedding may be exchanged or returned at the time of pickup or delivery. Exchanges or returns are subject to a restocking fee of 15% of the purchase price. For any mattress sold with a manufacturer’s warranty, The Dump will assist you in submitting warranty claim(s) to the manufacturer. In the event the law tag is removed from the bedding, the manufacturer’s warranty is automatically voided.
  • Rugs: Rugs may be exchanged or returned, subject to a $50 restocking fee, within five (5) days from the date of customer pickup or delivery. The $50 restocking fee can be applied to the purchase of another rug of equal or great value limited to one exchange for a rug of equal or greater price. Further exchanges or returns will not be approved.

CUSTOMER PICKUP: You are solely responsible for the safe loading and transportation of your merchandise, including, but not limited to, providing your own blankets, furniture pads, rope, straps and related supplies. For insurance purposes, The Dump cannot assist you in: (i) loading mattresses and/or box springs onto any open air vehicles (such as pickup trucks) or uncovered trailers; (ii) loading any merchandise when, in The Dump’s sole discretion and judgement, the result would be an unsafe condition; (iii) securing your load, including, but not limited to, providing rope, straps or other supplies. Most merchandise will be provided to you in the factory carton and will require your assembly. To ensure merchandise availability, please schedule the pickup of your merchandise with your sales associate and make the necessary arrangements to complete the pickup on that date. If merchandise is not picked up within 5 days of the scheduled pickup date, the merchandise will be returned to our warehouse and a restocking fee of 15% of the purchase price will be charged to you. Manufacturing defects and damage must be reported to a Dump representative at the time of pick up.

REFUND POLICY: Refunds, where applicable, are processed in accordance with the following:

  • Cash purchase - Refunded by check from The Dump’s corporate office and sent to the address The Dump has on file for you no later than 5 business days after the merchandise is returned to The Dump in substantially the same condition as when purchased;
  • Check - Refunded by check from The Dump’s corporate office and sent to the address The Dump has on file for you either 14 business days after the original date of sale or after the merchandise is returned to The Dump in substantially the same condition as when purchased, whichever is later;
  • Debit/Credit Cards - Refunded electronically (to your debit or credit card) by the store no later than 5 business days after the merchandise is returned to The Dump in substantially the same condition as when purchased;
  • In-House Financing - Credited to your account by The Dump’s corporate office within 3 business days after the merchandise is returned to The Dump in substantially the same condition as when purchased; and
  • All Other - See store business office for details.

CANCELLATIONS AND/OR RESCHEDULED DELIVERIES: Orders that are cancelled or are rescheduled for delivery within 48 hours of scheduled pick up or delivery shall be subject to a restocking fee of 15% of the purchase price.

COLLECTION COSTS (INCLUDING ATTORNEY FEES): In the event there is an unpaid balance due The Dump or any of its affiliates or you otherwise breach your agreement with The Dump or any of its affiliates, you agree to reimburse The Dump for its costs of collection, including attorney’s fees, in an amount equal to the greater of 33 1/3% of all amounts owed or The Dump’s actual attorney’s fees and costs.

DISPUTE RESOLUTION: Any controversy, claim or dispute relating in any way to this purchase, directly or indirectly, shall be brought in state court in the jurisdiction in which you made the purchase, and you agree to the exclusive jurisdiction of the state courts of the jurisdiction in which you made the purchase. Your agreement with The Dump concerning or relating to this purchase shall be governed by, and construed in accordance with, the laws of the state in which you made the purchase, without regard to principles of conflicts of law thereof. You agree that any claim for loss or damage that you bring against The Dump in connection with this purchase must be instituted in state court in the jurisdiction in which you made the purchase within one (1) year of the date you incurred the alleged loss or damage, regardless of whether you were then aware of the alleged loss or damage. You agree to waive any right to a trial by jury in any action relating in any way to this purchase, directly or indirectly, and you agree that this waiver of any right to a trial by jury shall not be waivable by you or The Dump. If you bring an action against The Dump for any controversy, claim or dispute relating in any way to this purchase, directly or indirectly, and The Dump prevails at any pre-trial dispositive motion, at trial, or at any subsequent appeal and/or retrial, you agree to reimburse The Dump for the reasonable attorney’s fees and costs The Dump incurs in defending itself in the action.

LIMITATION OF REMEDIES: Notwithstanding any other provision in this agreement, you --waive any right to recover from The Dump or any of its affiliates, whether in contract, tort, equity, or otherwise, any indirect, incidental, consequential, special, punitive, or exemplary damages, including, without limitation, damages for loss of use, loss of time, and/or loss of profits or income (even if such damages are foreseeable, and whether or not you have been advised of the possibility of such damages), arising from or relating to this agreement or to the selection, quality, condition, merchantability, suitability, fitness, operation, or performance of the goods you are purchasing. You expressly waive any right to collect damages in excess of the sales ticket and/or the cost to repair property damage (but only if reported prior to Dump Customer Service before the delivery truck leaves your premises). ALL REMEDIES ARE EXCLUDED OTHER THAN REPAIR OR REPLACEMENT OF MERCHANDISE DUE TO MANUFACTURING DEFECTS OR DELIVERY DAMAGE AT THE TIME OF DELIVERY/PICKUP AS DESCRIBED IN THE DAY OF DELIVERY ISSUES SECTION ABOVE.

ENTIRE AGREEMENT: These Terms and Conditions, the terms and conditions you receive in store, and the sales invoice contain the entire agreement and understanding of the parties concerning this transaction for your merchandise purchase. These Terms and Conditions may not be modified, canceled, rescinded, or revoked, in whole or in part, except in writing and, in the case of The Dump, signed by an officer of The Dump. If any part hereof is determined to be invalid by a court of competent jurisdiction, the remaining Terms and Conditions will remain in full force and effect. No waivers or statements made by representatives of The Dump will be binding unless set forth in writing.

WEBSITE

Help Us Keep Your Prices Low.
Welcome!

Welcome to the TheDump.com and HaynesFurniture.com websites (collectively, the "Websites"). The Websites are Internet properties of Haynes Furniture Company Incorporated and New Venture Holdings, LLC d/b/a The Dump (collectively "Haynes", "us", "our" or "we") and are owned by Haynes. Your use of the Websites is subject to your agreement with the terms and conditions set forth herein below (the "Agreement"). Please read this Agreement carefully before using the Websites. By using the Websites, you acknowledge your receipt of, and consent to, this Agreement and any subsequent modifications made hereafter. Haynes may modify this Agreement at any time without prior notice to you. Such modifications shall be deemed effective upon the posting of the modified Agreement at the Websites. You agree to periodically review the Agreement made available on the Websites in order to remain apprised of any and all subsequent modifications. Your continued use of the Websites shall be deemed your conclusive acceptance of the Agreement then in effect.

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WEBSITE REGISTRATION

In order to access some features of the Websites, you may be required to register at our Websites. If you register at our Websites, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of this Agreement, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our sole discretion.

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PRIVACY POLICY

In addition to the terms set forth herein, Haynes has provided a Privacy Policy detailing our use of your personal information. This Privacy Policy is amended from time to time, may be viewed by clicking here, and is incorporated herein by reference.

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DESCRIPTION OF PRODUCTS AND/OR SERVICES

At the Websites, you can sign up for our newsletter and send us feedback. By submitting your information to the Websites via the Contact Us link, you can provide us with information necessary to best serve you. We may, in our sole discretion, contact you about our financing services. The Customer Service Feedback Form contains informational fields to be completed by you. Please be advised that the mere submission of information on the Contact Us link does not obligate us to provide you with our financing services. The estimated monthly payments, interest rates, eligibility determination and other terms associated with our financing services are governed by our Credit Application Terms and Conditions, and will be documented by us via separate legal documentation. This Agreement governs your use of the Websites only.

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PRICING AND CONTENT INFORMATION

At the present time, you can order or purchase furniture from us on our Websites. We do provide pricing information concerning our products. While we strive to provide accurate pricing information, there is always the chance that pricing or typographical errors may occur. Therefore, should an item listed at one of our Websites be incorrect, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. While we use best efforts to provide you with great values on the Websites and in our stores, sometimes a price online does not match the price in one of our stores. Therefore, there may be circumstances where store pricing will sometimes differ from online prices. Our stores will not honor Internet pricing or competitor advertisements from outside of a store’s local geographic trade territory, nor will we price match with any other online or offline retailer. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values.

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MERCHANDISE CONTENT

Product information accessed through the websites is obtained from claims made by the product's manufacturer. On occasion, manufacturers may alter their labels so actual product packaging and materials may contain different information than that shown on our websites, thus we cannot guarantee or ensure the accuracy, completeness or timeliness of any product information. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using a product. We assume no liability for inaccuracies or misstatements about products. If applicable, any and all customer reviews are provided for informational purposes only. Obviously, any and all customer reviews reflect the individual reviewer’s results and experiences only and are not verified or endorsed by us.

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MINORS

The Websites are available for use only to individuals who can enter into legally binding contracts under applicable law. Notwithstanding the foregoing, the Websites are not intended for use by individuals under the age of eighteen (18) and we do not knowingly gather or solicit information from such users. If you are under the age of eighteen (18), you do not have permission to use the Websites in any manner whatsoever.

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LICENSE GRANT/USE OF SITE

At the Websites, you will find information related to our furniture stores. Haynes hereby grants to you a limited, non-exclusive, non-transferable and revocable license to use the Websites and associated content in accordance with this Agreement. Haynes may terminate this license at any time for any reason.

For all reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or through the Websites, by email or telephone, or otherwise disclosed, submitted or offered in connection with your use of the Websites (collectively, the Comments) you grant us a royalty-free, irrevocable, transferable right and license to use the Comments however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are under no obligation to maintain any Comments in confidence, pay to user any compensation for any Comments or respond to any user Comments. You agree that any Comments submitted by you to the Websites will not violate the terms of this Agreement or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Websites will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of SPAM. While we do not regularly review posted Comments, we do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Websites. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit to the Websites. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

You may make use of the Websites on one computer for your own personal use. No part of the Websites may be reproduced in any form or incorporated into any information retrieval system, either electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Websites, Website content or any portion thereof. Haynes reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites. You may not take any action that imposes an unreasonable or disproportionately large load on Haynes’ computer network infrastructure. You may not use the Websites to defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or conduct or forward illegal contests, pyramid schemes, or chain letters, publish, post distribute, disseminate or link to any inappropriate, profane, defamatory, infringing, obscene, adult content, nude, or indecent or unlawful topic, name, material or information. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Websites.

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INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Websites are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Websites is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Websites. The posting of information or material at the Websites by Haynes does not constitute a waiver of any right in such information and/or materials.

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LINKS TO THIRD PARTY WEBSITES

The Websites may contain links to the Internet websites of other third parties (Third Party Websites). Haynes is not responsible for the accessibility of these Third Party Websites, their resources, content, products and/or services. Furthermore, Haynes is not responsible for (nor does it endorse) any of the content, advertising, products and/or services, or other materials available on or through any Third Party Websites. Under no circumstances shall Haynes be held responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to have been caused, by use of, or reliance on, any content, goods and/or services available on or through such Third Party Websites.

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INDEMNIFICATION

You agree to release, indemnify and hold Haynes, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of the Websites; (ii) your breach of the terms of this Agreement; and/or (iii) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Haynes, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

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DISCLAIMER OF WARRANTIES

The websites and/or any services that you may receive via the websites are provided to you on an as is and as available basis. All warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, Haynes makes no warranty that: (i) the websites and/or any services that you may receive via the websites will meet your requirements: (ii) the websites and/or any services that you may receive via the websites will be uninterrupted, timely, secure or error-free. The websites and/or any services that you may receive via the websites may contain bugs, errors, problems or other limitations. We will not be liable for the availability of the underlying internet connection associated with the websites. No advice or information, whether oral or written, obtained by you from Haynes through or from the websites and/or any services that you may receive via the websites shall create any warranty not expressly stated in this agreement.

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EXCLUSION OF WARRANTIES

Any warranties applicable to any merchandise purchased pursuant to this order are limited to any manufacturer’s warranties only. We hereby expressly disclaim all warranties, either express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. There are no warranties which extend beyond the description, if any, on the face of this order.

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LIMITATION OF LIABILITY

You expressly understand and agree that Haynes shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Haynes has been advised of the possibility of such damages), to the fullest extent permissible by law for: (i) the use or the inability to use the websites and/or any services that you may receive via the websites; (ii) the failure to qualify for financing services; (iii) the cost of procurement of substitute goods and services resulting from any problem(s) with the goods, data, information and/or services purchased or obtained from the websites, if any, or transactions entered into, through or from the websites; (iv) the unauthorized access to, or alteration of, the data submitted to Haynes by you; (v) any matter relating to financing services; and (vi) any other matter relating to the other products and/or services, if any, made available on the websites. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and any and all other torts. You hereby release Haynes from any and all obligations, liabilities, and claims in excess of the limitation stated herein. If applicable law does not permit such limitation, the maximum liability of Haynes to you under any and all circumstances will be equal to the amounts you paid, if any, for financing services and/or goods purchased at Haynes store locations. You hereby release Haynes from any and all obligations, liabilities and claims in excess of the limitations set forth in this paragraph. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and Haynes . The websites and the financing services, to the extent such financing services are extended to you would not be provided to you without such limitations.

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LEGAL WARNING

You shall be responsible for obtaining and maintaining all telephone and computer hardware, and any and all other equipment needed for access to, and use of, the Websites and all charges related thereto. Any attempt to damage, destroy, tamper with or vandalize the Websites, or otherwise interfere with the operation of the Websites is a violation of criminal and civil law and Haynes will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.

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LIMITATION OF REMEDIES

You shall not be entitled to recover from us any consequential or incidental damages, including without limitation, property damage, damages for loss of use, loss of time, or loss of profits or income.

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TERMINATION

This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of this Websites. We also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Websites, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Websites, as well as all copies of such materials, whether made under this Agreement or otherwise.

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GENERAL PROVISIONS

This Agreement shall be treated as though it were executed and performed in The Commonwealth of Virginia and shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia (without regard to conflict of law principles). Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Websites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Any cause of action or claim that you may have with respect to the Websites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be time barred. Haynes may assign its rights and duties under this Agreement to any party at any time without notice to you.

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ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS

By submitting your information and agreeing to the terms of this Agreement, you understand and affirm that you are agreeing to be bound by this Agreement and all other agreements and terms and conditions found on the Websites by using your electronic signature and that your electronic signature is as legally binding as a physical signature on paper. Furthermore, you are agreeing that you will use an electronic signature to accept electronic records regarding the products and services located at our stores and/or offered by our Websites, including, but not limited to, this Agreement. You further agree and consent: (i) to receive agreements, applications, and other information that may be provided or otherwise available to you electronically. Included in those agreements, applications, and other information may be disclosures required by federal, state, and local laws and regulations, where allowed by such laws; (ii) to be bound by the terms and conditions of the agreements, applications, and other information provided to you by us electronically; (iii) to use and receive electronic records and electronic signatures in conducting business with us, including agreeing to the terms of this Agreement; (iv) that to electronically receive agreements, applications, and other information, you will need a compatible operating system, web browser, and email application, and you will need access to a printer or the ability to download information to keep copies of such documents for my records. The operating systems, web browsers, and email applications identified herein are compatible. You furthermore understand that you are indicating that you have the capability to access the agreements, applications, and other information and download or prints copies for your records; (v) for customer service or technical assistance regarding electronic records or electronic signatures, you may contact us by e-mail at [email protected]; (vi) you may obtain a paper copy of the agreements, applications, and other information at anytime by contacting us by email at [email protected] We will not charge a fee for any paper copy.

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AMERICANS WITH DISABILITIES ACT (ADA)

Haynes Furniture & The Dump are committed to providing accessibility to and usability of our websites for all people with disabilities. It is our goal to provide a positive customer experience to all customers and we strive to promote accessibility and inclusion. We are continuing to take a variety of steps to further enhance the accessibility of our website, including ensuring compliance with the applicable elements of the World Wide Web Consortium’s – Web Content Accessibility Guidelines as they are amended over time.

Please be aware that our efforts are ongoing. If you have difficulty using or accessing any element of this website, please feel free to contact us by phone at 888-818-5922 or by email at [email protected], and we will work with you to provide the information, item, or transaction you seek through a communication method that is accessible for you.

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ENTIRE AGREEMENT

You acknowledge that you have read and fully understand this agreement and that by using the websites you agree to be bound by these terms and conditions. You further agree that this agreement is the complete and exclusive statement of the rights and liabilities of the parties hereto.

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CONTACT US

e-mail

Email

Customer Service - for store experience, product questions and general feedback/questions.

financing

Financing

For questions concerning your financed account, please visit www.mysynchrony.com or call 866-396-8254.

mail

Mail

Haynes Furniture Company Incorporated 5324 Virginia Beach Blvd Virginia Beach, VA 23462-1828

Copyright © 2005-2019, Haynes Furniture Incorporated & New Venture Holdings LLC. All Rights Reserved.

WEB SALES

Help Us Keep Your Prices Low.
Thank You!

We greatly appreciate the opportunity to help furnish your home, and we hope you will enjoy your purchase for years to come. The Dump’s promise is to offer famous brand name furniture, bedding, and floor coverings at prices that are discounted 30-70% off of what others charge. In order to keep that promise, the following terms and conditions apply to your purchase.

Have Questions? For your convenience, the following contact emails and phone numbers are provided:

truck

For day of delivery or day of customer pick up questions, please call the store number provided on the front of the sales ticket.

house

For after-delivery service, please email [email protected] or call 800-768-0348.

billing

For questions concerning your financed account, please email [email protected] or call 866-538-4489.

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ALL SALES FINAL

In order for The Dump to be able to buy overstocks, one-of-a-kinds, factory sell outs, showroom models, and design prototypes at discounted prices and pass the savings on to its customers, all sales (except bedding sales) are FINAL.

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EXCLUSION AND/OR DISCLAIMER OF WARRANTIES

In keeping with The Dump’s promise stated above, The Dump did not provide any skill or judgment to furnish or help you select merchandise to suit any particular purpose. Any samples or models used to assist you in selecting the merchandise you are purchasing serve only to indicate the type of merchandise that will be delivered to you or tendered to you for pickup. We will deliver to you the make and model of the merchandise you selected, but please understand that the merchandise that will be delivered or tendered to you may not conform in every respect to the floor samples or models. For example, numerous customers may have sat on the floor model of the chair you selected, so the seat cushion of the chair delivered to you may feel firmer than the floor model. Accordingly, the floor samples or models create no warranty that the merchandise that will be delivered or tendered to you will conform to the floor samples or models. No defect in, or unfitness of, the merchandise delivered to you or tendered to you for pickup shall relieve you of your obligations under this agreement. The Dump has not made, and does not make, any warranties, express or implied, directly or indirectly, including, without limitation, warranties of merchantability or fitness for any particular purpose, and/or warranties relating to the design or condition of the merchandise or of the quality of the material or workmanship of the merchandise. THE MERCHANDISE YOU ARE PURCHASING IS SOLD BY THE DUMP, AND IS PURCHASED BY YOU, “AS IS” AND “WITH ALL FAULTS.”

The Dump makes available for purchase a Five Year Protection Plan (the “Protection Plan”) on most of the merchandise it sells.

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Protection Plan Purchase

The Protection Plan, which excludes coverage for bedding and any furniture used in rental homes or commercial settings, is offered and explained at time of purchase. The GBS protection plan terms and conditions that detail coverage under the plan, are provided by the store. I understand that The Dump is not a party to the Protection Plan agreement and has no obligations to me under the Protection Plan even though: (i) I may be required to obtain service under the Protection Plan solely through The Dump for up to one year from the date of my merchandise purchase, and (ii) The Dump may assist GBS in ordering parts and/or a replacement item as indicated in the Terms & Conditions.

In the event a Protection Plan claim needs to be filed, the following contact numbers are applicable:

filing a claim

To file a Plan claim: for defects within One Year of Date of Purchase: Please call Dump Customer Service at 1-800-768-0348.

accidental damage

For accidental damage within the first year, or defects After One Year of Date of Purchase: Please call GBS Enterprises at 1-888-585-9488.

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PROTECTION PLAN DECLINE

The Protection Plan, which excludes coverage for bedding, may be offered and explained at time of purchase, and you may DECLINE TO PURCHASE the Protection Plan. Please understand that no returns or exchanges are allowed, as described below.

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DELIVERY

The Dump is pleased to make delivery services available to its customers. To keep our costs low, we offer delivery through third-party delivery companies. Customers are not obligated to use the delivery services provided by The Dump and may secure delivery via another company (deliveries that customers arrange through such other companies will be treated as a customer pickup). Please have your room ready for your delivery as the delivery service providers do not dismantle furniture, move or handle your other furnishings or electroncis, and they are not permitted to affix anything to your walls. Refused deliveries (including, but not limited to, no-fits, customer not-at-home and on-the-road-cancellations) shall be subject to a restocking fee of 15% of the purchase price. Redelivery shall also be subject to an additional redelivery charge. No refunds are allowed for no-fits, customer-not-at-home, and on-the-road-cancellations. Delivery fees are not refundable.

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WILL IT FIT?

It is your responsibility to ensure that all the items you are purchasing will fit in the intended areas of your home.

If your home has narrow doorways, staircase turns, or low ceilings, you should measure these locations to ensure proper fit. The items you are purchasing must fit in the normal pathways of your home as The Dump’s delivery service providers cannot hoist the items to an upper floor, nor can they make a delivery above the third floor without a freight elevator. The Dump and/or its delivery service providers do not dismantle furniture. It is important that your room is empty and the space is available to receive your new furnishings. The Dump’s delivery service providers are not permitted to move or handle your other furnishings or electronics, and they are not permitted to affix anything to your walls. If your furniture is unable to be fitted in the desired location, you will be subject to a restocking fee of 15% as stated in our DELIVERY paragraph above.

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DELIVERY DAMAGES

It is your responsibility to inspect your items for any delivery damages or manufacturing defects, and damage must be reported to the delivery driver before the delivery truck leaves your premises by contacting a Dump representative. The Dump carefully inspects merchandise for manufacturing defects before releasing it to its customers, and works diligently to ensure deliveries take place without damage. In the rare instances where manufacturing defects or delivery damages occur, The Dump’s obligation is dependent upon the type of merchandise involved, as follows:

Stock Merchandise

is merchandise provided from The Dump’s warehouse stock which will be provided to you in the condition in which it was received from the factory. Manufacturing defects and/or delivery damage must be reported to the delivery driver before the delivery truck leaves your premises, or, in the case of customer pickup, by contacting a Dump representative at the time of pick-up.

Floor Merchandise

is merchandise purchased directly off The Dump’s sales floor. You are required to inspect all Floor Merchandise prior to purchase, and any pre-existing conditions involving Floor Merchandise will be noted on the Sales Order. Subsequent delivery damage must be reported to the delivery driver before our delivery truck leaves your premises, or, in the case of customer pickup, by contacting a Dump representative on the same day as pickup.

Clearance Merchandise

is merchandise noted as such on the price tag accompanying each clearance item. You are required to inspect all Clearance Merchandise prior to purchase, and any pre-existing conditions involving Clearance Merchandise will be noted on the Sales Order. Subsequent delivery damage must be reported to the delivery driver before our delivery truck leaves your premises, or, in the case of customer pickup, by contacting a Dump representative at the time of pick-up.

In the event you designate someone other than yourself to pick up or receive your merchandise, it is the responsibility of your designee to inspect and report any defects or damages. Failure of your designee to do so will result in your waiver of any claim against The Dump for a manufacturing defect or delivery damage.

In the event you properly and timely report to The Dump (i) a manufacturing defect, or (ii) delivery damage for which The Dump is responsible, you will have the following options:

accept

You can accept the merchandise, and The Dump will schedule a repair technician to come to your home and repair the item(s) in question (not available if your home is over 45 miles away from The Dump).

refusal

You can refuse to accept the item(s) in question, and The Dump will replace the item(s) (in the case of home delivery, via a second delivery, for which there shall be no additional delivery fee).

You agree that neither The Dump nor its representatives will be liable for any delays in delivery of merchandise to you.

In the unlikely event that damage occurs to your property, home, or business during the course of a delivery, such damage must be reported to the delivery driver at the time of delivery and be noted on the delivery manifest. No claims shall be allowed after the delivery truck has left your premises.

Any exchange or return must be accompanied by a Returned Merchandise Authorization issued by Dump Customer Service. Merchandise that is not in substantially the same condition as when purchased may not be exchanged or returned. Except as hereinafter provided, you are responsible for all costs related to returns and exchanges, including, but not limited to, delivery fees. The following exceptions also apply:

Bedding

Pursuant to applicable federal and state laws, all bedding sales are final. However, in the event that the bedding has not been removed from its original, sealed packaging, bedding may be exchanged or returned at the time of pickup or delivery. Exchanges or returns are subject to a restocking fee of 15% of the purchase price. For any mattress sold with a manufacturer’s warranty, The Dump will assist you in submitting warranty claim(s) to the manufacturer. In the event the law tag is removed from the bedding, the manufacturer’s warranty is automatically voided.

Rugs

Rugs may be exchanged or returned, subject to a $50 restocking fee, within five (5) days from the date of customer pickup or delivery. The $50 restocking fee can be applied to the purchase of another rug of equal or great value limited to one exchange for a rug of equal or greater price. Further exchanges or returns will not be approved.

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CUSTOMER PICKUP

You are solely responsible for the safe loading and transportation of your merchandise, including, but not limited to, providing your own blankets, furniture pads, rope, straps and related supplies. For insurance purposes, The Dump cannot assist you in: (i) loading mattresses and/or box springs onto any open air vehicles (such as pickup trucks) or uncovered trailers; (ii) loading any merchandise when, in The Dump’s sole discretion and judgement, the result would be an unsafe condition; (iii) securing your load, including, but not limited to, providing rope, straps or other supplies. Most merchandise will be provided to you in the factory carton and will require your assembly. To ensure merchandise availability, please schedule the pickup of your merchandise with your sales associate and make the necessary arrangements to complete the pickup on that date. If merchandise is not picked up within 5 days of the scheduled pickup date, the merchandise will be returned to our warehouse and a restocking fee of 15% of the purchase price will be charged to you. Manufacturing defects and damage must be reported to a Dump representative at the time of pick up.

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REFUND POLICY

Refunds, where applicable, are processed in accordance with the following:

cash purchase

Cash purchase

Refunded by check from The Dump’s corporate office and sent to the address The Dump has on file for you no later than 5 business days after the merchandise is returned to The Dump in substantially the same condition as when purchased;

check purchase

Check

Refunded by check from The Dump’s corporate office and sent to the address The Dump has on file for you either 14 business days after the original date of sale or after the merchandise is returned to The Dump in substantially the same condition as when purchased, whichever is later;

Debit/Credit Cards

Debit/Credit Cards

Refunded electronically (to your debit or credit card) by the store no later than 5 business days after the merchandise is returned to The Dump in substantially the same condition as when purchased;

 
In-House Financing

In-House Financing

Credited to your account byThe Dump’s corporate office within 3 business days after the merchandise is returned to The Dump in substantially the same condition as when purchased.

All Other

All Other

See store business office for details.

 
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CANCELLATIONS AND/OR RESCHEDULED DELIVERIES

Orders that are cancelled or are rescheduled for delivery within 48 hours of scheduled pick up or delivery shall be subject to a restocking fee of 15% of the purchase price.

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COLLECTION COSTS (INCLUDING ATTORNEY FEES)

In the event there is an unpaid balance due The Dump or any of its affiliates or you otherwise breach your agreement with The Dump or any of its affiliates, you agree to reimburse The Dump for its costs of collection, including attorney’s fees, in an amount equal to the greater of 33 1/3% of all amounts owed or The Dump’s actual attorney’s fees and costs.

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DISPUTE RESOLUTION

Any controversy, claim or dispute relating in any way to this purchase, directly or indirectly, shall be brought in state court in the jurisdiction in which you made the purchase, and you agree to the exclusive jurisdiction of the state courts of the jurisdiction in which you made the purchase. Your agreement with The Dump concerning or relating to this purchase shall be governed by, and construed in accordance with, the laws of the state in which you made the purchase, without regard to principles of conflicts of law thereof. You agree that any claim for loss or damage that you bring against The Dump in connection with this purchase must be instituted in state court in the jurisdiction in which you made the purchase within one (1) year of the date you incurred the alleged loss or damage, regardless of whether you were then aware of the alleged loss or damage. You agree to waive any right to a trial by jury in any action relating in any way to this purchase, directly or indirectly, and you agree that this waiver of any right to a trial by jury shall not be waivable by you or The Dump. If you bring an action against The Dump for any controversy, claim or dispute relating in any way to this purchase, directly or indirectly, and The Dump prevails at any pre-trial dispositive motion, at trial, or at any subsequent appeal and/or retrial, you agree to reimburse The Dump for the reasonable attorney’s fees and costs The Dump incurs in defending itself in the action.

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LIMITATION OF REMEDIES

Notwithstanding any other provision in this agreement, you --waive any right to recover from The Dump or any of its affiliates, whether in contract, tort, equity, or otherwise, any indirect, incidental, consequential, special, punitive, or exemplary damages, including, without limitation, damages for loss of use, loss of time, and/or loss of profits or income (even if such damages are foreseeable, and whether or not you have been advised of the possibility of such damages), arising from or relating to this agreement or to the selection, quality, condition, merchantability, suitability, fitness, operation, or performance of the goods you are purchasing. You expressly waive any right to collect damages in excess of the sales ticket and/or the cost to repair property damage (but only if reported prior to Dump Customer Service before the delivery truck leaves your premises). ALL REMEDIES ARE EXCLUDED OTHER THAN REPAIR OR REPLACEMENT OF MERCHANDISE DUE TO MANUFACTURING DEFECTS OR DELIVERY DAMAGE AT THE TIME OF DELIVERY/PICKUP AS DESCRIBED IN THE DAY OF DELIVERY ISSUES SECTION ABOVE.

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ENTIRE AGREEMENT

These Terms and Conditions, the FAQ section, and the sales invoice contain the entire agreement and understanding of the parties concerning this transaction for your merchandise purchase. These Terms and Conditions may not be modified, canceled, rescinded, or revoked, in whole or in part, except in writing and, in the case of The Dump, signed by an officer of The Dump. If any part hereof is determined to be invalid by a court of competent jurisdiction, the remaining Terms and Conditions will remain in full force and effect. No waivers or statements made by representatives of The Dump will be binding unless set forth in writing.

SALES