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Keeping our customers and associates healthy and safe. Find out more about our COVID-19 precautions here>
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.
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.
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.
PRICING AND CONTENT INFORMATION
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
E-mail Customer Service - for store experience, product questions and general feedback/questions.
E-mail Customer Credit Service - for all Haynes financed account credit questions or call 1-866-538-4489.
Mail: - Haynes Furniture Company Incorporated 5324 Virginia Beach Blvd Virginia Beach, VA 23462-1828
Copyright © 2005-2018, Haynes Furniture Incorporated & New Venture Holdings LLC. All Rights Reserved.
Thank You! Haynes greatly appreciates the opportunity to help furnish your home, and it is Haynes’ sincere hope that your purchase will bring you many hours of enjoyment! Haynes’s promise is to offer first quality furniture, mattresses, and floor covering at the lowest prices in the furniture industry.
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 text us, email us, or call 800-768-0348;
• For questions concerning your financed account, please email [email protected] or call 866-538-4489.
The following Terms and Conditions apply to your purchase:
WILL IT FIT?: It is your responsibility to ensure that all items will fit in the designated 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 furniture must fit in the normal pathways of your home as Haynes cannot hoist furniture to an upper floor. Haynes does not dismantle furniture as that voids the manufacturer’s warranty. It is important that your room is empty and the space is available to receive your new furnishings. Haynes’ drivers are not able to move or handle your other furnishings or electronics, nor can they affix anything to your walls. If your furniture is unable to be fitted in the desired location, you will receive an in-store credit for the cost of the furniture (delivery fees are not eligible for the in-store credit). Additionally, in the event you choose our home delivery service, a redelivery fee will also apply.
SPECIAL ORDERS: We make every effort to meet the estimated delivery date on your special order. However, our manufacturers occasionally miss their promised shipping date. As soon as Haynes is informed of a change in the arrival date of your order, Haynes will advise you. Special orders are subject to a 50% cancellation fee unless the cancellation is made prior to the commencement of production of the merchandise. Please see the special order agreement for complete details.
MANUFACTURING DEFECTS AND DELIVERY DAMAGE: Virtually all of the merchandise Haynes sells comes with a factory warranty which covers defects, but NOT damage due to everyday use. Most manufacturers provide a one year warranty. Upholstery manufacturers do not guarantee their product for shrinkage, color fastness or pilling. Further, as part of our Quality Assurance program Haynes carefully inspects your merchandise for manufacturing defects before release and Haynes make every effort to ensure deliveries take place without damage. If delivered, Haynes asks that you report any visible manufacturing defect or any visible delivery damage to the delivery driver before the delivery truck leaves your premises. Any latent damage must be reported within 24 hours of delivery. For customers who pick up their merchandise, any manufacturing defects must be reported on the same day as pick up. In the event you designate someone besides 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 having accepted the merchandise “AS IS”. Once Haynes has received your report of defect or damage, Haynes will schedule a technician to come to your location (not available for locations more than 45 miles from your Haynes store) to assess and repair the defect or damage In those instances where defects or damages do occur, the following applies.
Stock Merchandise is product provided from Haynes’ warehouse stock and it will be provided to you in factory condition. Only in the event Haynes determines the Stock Merchandise cannot be returned to factory condition will Haynes replace the defective or damaged merchandise. In the event a replacement is authorized, the warranty term of the replacement merchandise will be limited to the remaining term of the original warranty. Merchandise picked up by the customer must be returned to the purchasing location at customer’s sole cost and expense. Should Haynes be unable to replace the merchandise within 30 days, Haynes will offer you an in-store credit. You agree that neither Haynes nor its representatives will be liable for any delays in delivery of merchandise to you.
Floor Merchandise is product sold at substantially reduced prices directly off our sales floor. Due to the discounts offered on floor merchandise, all sales of Floor Merchandise are sold “AS IS” and are final; Haynes will not authorize a refund, exchange or return on Floor Merchandise product for any reason. Haynes provides our customers with an opportunity to inspect all Floor Merchandise prior to purchase and complete an Inspection Sheet. Floor Merchandise will be provided to you in substantially the same condition as recorded on the Inspection Sheet. Should Haynes be unable to provide the Floor Merchandise in substantially the same condition as recorded on the Inspection Sheet, Haynes will schedule a technician to come to your location to assess and repair the defect or damage. Only in the event Haynes determines the Floor Merchandise cannot be returned to Inspection Sheet condition will Haynes replace the defective or damaged merchandise; if replacement is not possible then Haynes will offer you an in-store credit. Merchandise picked up by the customer must be returned to the purchasing location at customer’s sole cost and expense. You agree that neither Haynes nor its representatives will be liable for any delays in delivery of merchandise to you.
Clearance Merchandise is product noted as such on the price tag accompanying the merchandise. All sales of Clearance Merchandise are sold “AS IS” and are final; Haynes will not authorize a refund, exchange, return or repair (including delivery damage repair) on Clearance Merchandise product for any reason.
In the unlikely event damage occurs to your property, home, or business during the course of a delivery, it must be reported to the delivery driver before the delivery truck leaves your premises and noted on the delivery manifest. No claims shall be allowed after the drivers have left your property.
ALL OTHER RETURNS AND EXCHANGES: No two pieces of furniture are identical, so the wood grain, color and stitching of your furniture could vary from the pieces you saw on our showroom floor. Therefore, returns and exchanges will not be authorized for any reason other than manufacturing defects or delivery damage that cannot be restored. However, if unusual circumstances dictate an exception to this policy, then an authorized exchange or return will be subject to a restocking fee of the greater of $100 or 15% of the purchase price. Please contact Haynes’ Customer Service at [email protected] or call 800-768-0348 to determine if an exception is available. All such exchanges and returns must be accompanied by a Returned Merchandise Authorization issued by Haynes Customer Service. Merchandise that is not in substantially the same condition as when purchased cannot be exchanged or returned. Except as hereinafter provided, customer is responsible for all costs related to returns and exchanges, including, but not limited to, delivery fees. The following exceptions 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. Both exchanges and returns are subject to a restocking fee of the greater of $100 or 15% of the purchase price. All of our mattresses, with the exception of mattresses sold on an “as-is” basis, come with a manufacturer’s warranty. Haynes will assist our customers in submitting any claims under the manufacturer’s warranty. In the event the law tag is removed from the bedding, the warranty is automatically voided.
• Bedding Comfort Guaranty: Certain bedding manufacturers offer a one-time comfort reselect option on their merchandise. See salesperson for details and applicability to your purchase.
• Rugs: Rugs may be exchanged or returned subject to a restocking fee of the greater of $50 or 10% of the purchase price within five (5) days from the date of customer pickup or delivery. The restocking fee will be waived for one exchange for a rug of equal or greater price.
REFUND POLICY: Refunds, where applicable, are processed in accordance with the following:
• Cash - Refunded by check from Haynes’s corporate office and sent to the customer's address on file, no later than 5 business days after merchandise return;
• Check - Refunded by Haynes’s corporate office and sent to the customer address of record 14 business days after the original sale;
• Debit/Credit Cards - Refunded by the store no later than 5 business days after merchandise return;
• In - House Financing: Credited by Haynes’s corporate office within 3 business days after merchandise return;
• All Other - See store business office for details.
CANCELLATIONS: Orders that are cancelled by the customer within one day of scheduled pick up or delivery shall be subject to a restocking fee of the greater of $100 or 15% of the purchase price. All other eligible cancellations will be entitled to a full refund.
DELIVERY: Haynes is pleased to provide delivery for our customers. Our delivery hours are 8 am to 9 pm. Haynes will contact you the afternoon before your scheduled delivery to provide you with a three hour estimated time frame. Haynes will make every effort to complete your delivery within this time frame. However, delivery times are estimates and you must be available the entire day your delivery is scheduled. Due to delays on the road there may be occasions when Haynes is unable to meet this time frame. Should this happen, you will be notified of the delay and given a revised delivery window. Requested time frames are available for an additional fee. Customers are not obligated to use the delivery services provided by Haynes and may secure delivery via another company (deliveries made by such other companies will be treated as a customer pickup). Refused deliveries (including, but not limited to, no-fits, customer not-at-home and on-the-road-reschedules) shall be subject to an additional redelivery charge.
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, Haynes 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 Haynes’ 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 the greater of $100 or 15% of the purchase price will be charged to you.
EXCLUSION OF WARRANTIES: ANY WARRANTIES APPLICABLE TO ANY MERCHANDISE PURCHASED PURSUANT TO THIS ORDER ARE LIMITED TO ANY MANUFACTURER’S WARRANTIES ONLY. HAYNES 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. FURNITURE USED IN RENTAL HOMES OR COMMERCIALSETTINGS IS SOLD AS IS AND IS NOT COVERED UNDER MANUFACTURER’S WARRANTY.
LIMITATION OF REPAIR SERVICES: Haynes does not provide repair services on merchandise past its applicable warranty period.
COLLECTION COSTS (INCLUDING ATTORNEY FEES): In the event there is an unpaid balance due Haynes or any of its affiliates or you otherwise breach your agreement with Haynes or any of its affiliates, you agree to pay costs of collection, including attorney’s fees of 33 1/3% of all amounts owed.
DISPUTE RESOLUTION: Any controversy, claim or dispute relating in any way to this purchase, directly or indirectly, shall be brought in Virginia 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 Haynes concerning or relating to this purchase shall be governed by, and construed in accordance with, the laws of the state of Virginia. You agree that any claim for loss or damage that you bring against Haynes in connection with this purchase must be instituted in Virginia 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 Haynes. If you bring an action against Haynes for any controversy, claim or dispute relating in any way to this purchase, directly or indirectly, and Haynes prevails at any pre-trial dispositive motion, at trial, or at any subsequent appeal and/or retrial, you agree to reimburse Haynes for the reasonable attorney’s fees and costs Haynes incurs in defending itself in the action.
LIMITATION OF REMEDIES: You shall not be entitled to recover from Haynes any consequential or incidental damages, including without limitation, damages for loss of use, loss of time, or loss of profits or income. 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 the driver leaving your property).
ENTIRE AGREEMENT: These Terms and Conditions and the sales invoice on the reverse side contain the entire agreement and understanding of the parties concerning the transaction. 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 Haynes, signed by an officer of Haynes. 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 Haynes will be binding unless set forth in writing.
“HAYNES 2021 RATINGS AND REVIEWS” SWEEPSTAKES
OFFICIAL RULES AND REGULATIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. a purchase does not improve your chances of winning.
The Haynes 2021 Ratings and Reviews Sweepstakes (the “Sweepstakes”) is sponsored by Haynes Furniture Company, Incorporated (the “Sponsor” or “Haynes”), having its principal place of business at 5324 Virginia Beach Blvd., Virginia Beach, VA 23462. The Sweepstakes entry period begins on December 26, 2021 at 10 AM Eastern Time and ends on March 15, 2022 at 11:59 PM Eastern Time (such period, the “Entry Period”). The Sweepstakes is governed by and subject in all respects to these Official Rules and Regulations (“Official Rules”).
Haynes - Virginia Beach, VA
Haynes - Newport News, VA
Haynes - Richmond, VA (Chippenham)
Haynes - Richmond, VA (West End)
By entering via text message, you consent to receive text messages made by or on behalf of the Sponsor and/or its affiliates for informational purposes or to market their products (and whether made through use of an autodialer or other means), which consent applies even if you have registered your phone number on the national Do Not Call registry. You may revoke your consent at any time, and such revocation will not invalidate your entry into this Sweepstakes. If you enter this Sweepstakes via text message, you may incur (and will be solely responsible for) a standard text message and/or data charge from your wireless service provider.(c) Social Media: During the Entry Period, use your Twitter, Facebook or Instagram account to share a photo of one or more items purchased from Haynes and (1) include the hashtag #myhaynesstyle and (2) tag Haynes’ social media account on such platform (@haynesfurniture on Instagram and Facebook, and @Haynes_Furn on Twitter). In order to make a valid entry, your post must include the hashtag and tag the applicable Haynes social media account. Your social media account must be set to “unprotected” and/or “public” in order for your entry to be viewable by Sponsor. Any submission from a “private” or “protected” account will be deemed invalid. By entering via social media, you are consenting to receive direct messages from Sponsor via the applicable social media platform if you are selected as a potential winner. All social media entries are subject to the terms and conditions of the social media platform on which the entry is posted. Social media entries will not be judged. See Section 2, below, for additional entry restrictions and guidelines. (d) Review Invite: During the Entry Period, entrants making a purchase of any amount at a participating Haynes retail location may receive an invite (via text message) to leave a review of Haynes on Google Reviews. Upon receipt of such invite, log in to your Google account (or create a free account if you have not already done so) and post a review of Haynes consisting of at least 50 characters. All reviews should be truthful and based upon your honest opinion and belief. Reviews will not be judged. See Section 2, below, for additional entry restrictions and guidelines. (e) Mail-In Method: If you do not wish to enter by any of the foregoing methods, you may enter the Sweepstakes by printing your name, address, city, state and zip code, telephone number and e-mail address on a standard size postcard and mailing it to: Haynes Furniture, Attn: Sweepstakes Administrator, 5324 Virginia Beach Blvd, Virginia Beach, VA 23462. The Sponsor will use phone numbers and e-mail addresses provided via the mail-in entry method for prize notification purposes only; however, eligibility to participate in the Sweepstakes is not dependent upon the entrant’s provision of this information. Mail-in entries must be received by the last day of the Entry Period; any mail‑in entries received after the last day of the Entry Period will not be eligible to be included in the Sweepstakes and shall be disregarded. (f) General: Participants in the Sweepstakes may enter only once per entry method during the Entry Period. (Note: If only one entry is allowed, there is a limit of one entry per person and per household, regardless of method of entry. Duplicate entries from the same cell phone number/social media account/email address/person/household will be automatically eliminated without notice to the entrant.) The Sponsor is not responsible for incomplete, late, lost, illegible, misdirected or postage-due entries, or for any technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, or line failure in connection with any telephone network, computer equipment, software or any combination thereof, or for any other error (human, technical or otherwise), that may occur in the processing of Sweepstakes entries. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, produced by robotic, automatic, programmed, mechanical or similar entry methods or otherwise irregular in any way and/or not in compliance with these Official Rules. Proof of submitting an entry to the Sweepstakes will not be deemed to be proof of the Sponsor’s receipt of that entry. All entries become the exclusive property of the Sponsor and will not be acknowledged or returned. By submitting an entry via social media (in accordance with Section 1(c), above) or Google Reviews (in accordance with Section 1(d), above), you accept and agree to comply with (1) our Content-Sharing Terms and Conditions available at https://haynesfurniture.com/content-sharing, and (2) the following additional terms: (a) Your entry may be posted across any or all of Sponsor’s digital and social assets, at Sponsor’s discretion. You grant to Sponsor full right and power to copy, publish, broadcast, display, distribute, use, edit, translate, alter, combine with other material, reuse and adapt any or all portions of the entry and the contents thereof, in any way and for any purpose whatsoever in the sole discretion of Sponsor, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose without notice or compensation to entrant. By granting permission for such use, you expressly release Sponsor from and against any claims arising out of production, distribution, publication, broadcast, or exhibition of the submitted entry. (b) You warrant and represent that your entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Each entrant will indemnify and hold harmless, the Sponsor from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including the Sponsor’s use of such entry, in a form satisfactory to Sponsor, upon request, prior to awarding of prize. If the Sponsor, at any time during the Entry Period, receives a complaint (including but not limited to a cease and desist letter, general letter of complaint, etc.) alleging intellectual property infringement in an entry, the Sponsor reserves the right to remove such entry and entry will be deemed void and ineligible to receive a prize. (c) Entries must meet the following content quality guidelines, as determined by Sponsor in its sole discretion: (a) cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, political, religious, professional or age group, profane or pornographic, or contain nudity; (b) cannot promote alcohol, marijuana, illegal drugs, tobacco, vaping, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) cannot be obscene or offensive, or endorse any form of hate or hate group; (d) cannot promote terrorist acts or violence; (e) cannot communicate messages or images inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate; and (f) cannot depict, and cannot itself, be in violation of any law.
In the event of any conflict between this Section 2 and the Content-Sharing Terms and Conditions, the more restrictive provision shall govern.
The Sweepstakes is open to any individual who is, as of the beginning of the Entry Period, (a) a legal resident of the U.S. (the “Eligibility Area”); and (b) 18 years of age or older. Employees, officers, directors and agents (and their immediate families, regardless of where they live, and members of the same households, whether related or not) of the Sponsor or the prize provider and their respective divisions, affiliates, subsidiaries, agents and advertising agencies are not eligible to participate in the Sweepstakes or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. All applicable federal, state and local laws and regulations apply.
One (1) prize winner (the “Prize Winner”) will receive a Haynes gift card in the amount of $2,000 (the “Prize”). The total approximate retail value of the Prize is $2,000. The Prize is subject to certain restrictions and qualifications of the Sponsor. Except where otherwise expressly noted in these Official Rules, the selection of all vendors, prizes, products and services is at the Sponsor’s sole and absolute discretion. Prizes (and/or any portion thereof) are non-transferable and non-exchangeable. No substitutions or cash redemption of prizes are permitted except that the Sponsor retains the right to substitute the cash value of the Prize. Additional restrictions may apply.
The potential Prize Winner will be selected in a random drawing from all entries received that are otherwise eligible for the Sweepstakes. Odds of winning depend on the number of eligible entries received and are equal regardless of method of entry. Purchase of any merchandise does not improve odds of winning. The drawing will be held on or about March 22, 2022 and will be conducted by the Sponsor, whose decisions shall be final and binding. The potential Prize Winner will be notified on or about March 29, 2022 by email, phone, or direct message on the social media platform on which the entry may have been received. Failure of the potential Prize Winner to respond within seventy-two (72) hours after such notification may result in disqualification and the selection of an alternate Prize Winner. An alternate Prize Winner will be selected in the event that for any reason the Prize cannot be awarded to the first, or any subsequent alternate, potential Prize Winner drawn.
By entering the Sweepstakes, each entrant agrees to and shall be bound by these Official Rules and by all decisions of the Sponsor and agrees to and shall comply with all applicable federal, state and local laws and regulations. In the event of non‑compliance, an alternate Prize Winner may be selected. The decisions of the Sponsor are final on all matters of fact, interpretation, eligibility, procedure and fulfillment, and all other matters, with respect to the Sweepstakes. If the Sweepstakes is hosted or advertised at or on any social media webpage or account of Sponsor, you understand that the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with any applicable social media provider, such as Facebook, Twitter or Instagram.
The Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Sweepstakes and any Prize awarded or made available in connection with the Sweepstakes. Although the Sponsor will attempt to ensure the integrity of the Sweepstakes, the Sponsor is not responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants’ or other individuals’ attempts to circumvent these Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. The Sponsor is not responsible for injury or damage to any entrant’s or to any other person’s computer(s) or other equipment related to or resulting from participation in the Sweepstakes or downloading materials from or using the Sweepstakes Site. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage from computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes that, in the sole discretion of the Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Sweepstakes, the Sponsor reserves the right in its sole and absolute discretion to modify these Official Rules and/or to cancel, terminate, modify or suspend all or any part of the Sweepstakes and to select a winner from among all eligible entries received up to the time of such cancellation, termination, modification or suspension, as applicable.
All taxes (including without limitation Federal, state and local taxes) payable or otherwise owed in connection with any Prize, and the reporting consequence thereof, are the sole responsibility of the Prize Winner. The Prize Winner, at the sole discretion of the Sponsor, shall be required to sign a notarized affidavit of eligibility and compliance with these Official Rules, liability release, publicity release, address verification and other registrations and participation information requested by the Sponsor (in each case unless prohibited by law). You are not a Prize Winner until your submission(s) is validated. Failure to complete, sign and return all required documents within fourteen (14) days after delivery to the potential Prize Winner’s listed address, or return of a Prize as undeliverable, may at the sole discretion of the Sponsor result in disqualification and selection of an alternate Prize Winner.
By entering the Sweepstakes, unless prohibited by law, each Prize Winner consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation, and each Prize Winner may be required to provide a signed release acknowledging such consent. Moreover, by entering the Sweepstakes, unless prohibited by law, each Prize Winner hereby grants to the Sponsor, and its respective licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, the Prize Winner’s respective name, likeness (actual or simulated), voice (actual or simulated) and biographical information as news or information and for advertising and promotional purposes, in each case without additional consideration, and in connection therewith agrees to appear for, or provide biographical information for use in, any presentation or other activity, which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by the Sponsor in its sole discretion.
THESE OFFICIAL RULES WILL BE POSTED AT THE SWEEPSTAKES SITE THROUGHOUT THE ENTRY PERIOD. BY ENTERING AND PARTICIPATING IN THE SWEEPSTAKES, ENTRANTS (A) FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL DECISIONS OF THE SPONSOR (WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS), INCLUDING, WITHOUT LIMITATION, DECISIONS REGARDING ELIGIBILITY, PRIZE WINNER AND THE INTERPRETATION OF THESE OFFICIAL RULES; AND (B) REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY THE ENTRANT IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE.
BY ENTERING THE SWEEPSTAKES, ALL ENTRANTS HEREBY RELEASE, HOLD HARMLESS AND INDEMNIFY THE SPONSOR, ANY PRIZE PROVIDER AND ANY SOCIAL MEDIA SERVICE PROVIDER FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY AND ALL CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY.
IN ADDITION TO AND NOT IN LIMITATION OF THE TERMS OF THE FOREGOING RELEASE, IN NO EVENT WILL THE SPONSOR, ANY PRIZE PROVIDER OR ANY SOCIAL MEDIA SERVICE PROVIDER BE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE SWEEPSTAKES SITE, THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL FROM THE SWEEPSTAKES SITE, THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY AND ALL CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES AND ALL MATERIALS PROVIDED ON OR THROUGH THE SWEEPSTAKES SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the Commonwealth of Virginia applicable to contracts made and performed entirely in Virginia. All applicable federal, state, and local laws and regulations apply.
Content-Sharing Terms and Conditions
Haynes Furniture and The Dump Content Release
At Haynes Furniture and The Dump, we love seeing where our products end up, how they are used and styled and how great they look in our customers’ homes. We would love the opportunity to share your customer-generated content on, among other things, our social media pages, website, promotional and marketing materials, and in-store displays. By sharing your Content (defined below) with the hashtag #HaynesShare, #myhaynesstyle, #DumpShare, or #mydumpstyle (each, a “Consent Hashtag”) or otherwise responding to our request to share your content with any Consent Hashtag, you acknowledge that you have read, understand and accept these Content-Sharing Terms and Conditions and certify that you are at least 18 years of age.
Content: By sharing your Content with a Consent Hashtag or otherwise responding to our request to share your Content with a Consent Hashtag , you hereby grant to Haynes Furniture Company Incorporated, The Dump, and its and their affiliates, subsidiaries, successors, assigns, advertising and promotional agencies, and their agents and representatives (collectively, “Haynes Furniture”), a perpetual, unrestricted, royalty-free, fully transferable, sublicensable, worldwide right and license to use, publish, copy, display, broadcast, edit, modify and distribute any materials, content, illustrations, written reviews, photos, videos, or comments provided by you, and all information relating to the same (hereinafter, “Content”), including Content bearing your name, voice, image, likeness, and/or any other identifiable representation of yourself (collectively, “Your Likeness”) for any purpose and without any notice or compensation to you. The Content may appear in any form, style, color or medium whatsoever now known or later developed (including, without limitation, photographs, videotapes, films, sound recordings, software, drawings, prints, broadcast, in-store displays, internet, email, catalog and electronic media). By granting permission for such use, you expressly release Haynes Furniture from and against any claims arising out of production, distribution, publication, broadcast, or exhibition of the Content.
Warranties and Representations: By responding to our request to share your Content with any Hashtag, you warrant and represent that: (a) you are the author of the Content and own all rights to use it or, alternatively, have the right to grant us the rights described above; (b) you have paid or will pay in full any fees or other payments that may be related to the use of the Content; (c) the Content does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (d) publication of the Content via various media, including, but not limited to, social media pages, websites and in-store displays, will not infringe on the rights of any third parties; (e) you have obtained permission from all persons whose name, voice, image, likeness and/or any other identifiable representation are included in the Content. You will indemnify, defend and hold harmless Haynes Furniture from any and all losses, damages, rights, claims, and actions of any kind arising in whole or in part, directly or indirectly, from the Content or use thereof by Haynes Furniture.
Reservation of Rights: Haynes Furniture reserves the right to alter, modify or otherwise change the Content, in its sole discretion. You hereby waive any right you may have to inspect or approve the finished Content or any part of the Content that incorporates Your Likeness.