TERMS OF USE

Thank you for visiting montgomerys.com (the “Site”), a division of Montgomery’s Furniture, Inc. (collectively “Montgomery’s”, “We”, “Us”, or “Our”). We are pleased to make this Site available for your use. By requesting to use, registering to use, or using the Site, you (the “User”) agree that you have read, understand, and will be bound by these Terms of Use. Use is voluntary and if the User does not agree with the Terms of Use, the User should not use the Site. Montgomery’s reserves the right to update or modify these Terms of Use without any prior notice to the User. Those changes will go into effect on the Last Updated Date shown at the bottom of the revised Terms of Use. A copy of the current Terms of Use will be posted here at www.montgomerys.com/customer-resources/terms-of-use. Please refer to these Terms of Use on a regular basis.

LINKS TO OTHER WEBSITES

The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by Us. Inclusion of any linked web site on the Site does not imply approval or endorsement of the linked web site by Us. If the User decides to leave the Site and access these third-party sites, the User does so at their own risk.

COPYRIGHT

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The User does not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

SUBMISSIONS & USER CONTENT

All materials, suggestions, ideas, notes, concepts, comments and other information the User may, from time to time, send to Us (collectively “Submissions”) shall be deemed and shall remain Our sole property and shall not be subject to any obligation of confidence on Our part. Without limiting the foregoing, We shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the User who provided the Submissions.

TRANSACTIONS

We require a payment in full at the time of order on all purchases. We accept Visa®, MasterCard®, Discover® credit cards as well as the Renovate credit card and Montgomery’s gift cards. Only one payment method per transaction will be accepted as We are unable to process an order with more than one payment method at this time. When the User enters their credit card information, the User allow Us to obtain payment authorization and to reserve funds equal to the total purchase amount on the User’s credit card. Payments made with a Visa®, MasterCard®, or Discover® credit cards are authorized immediately upon completion of the order and the User’s credit card is processed. Payments made with the Renovate credit card or a Montgomery’s gift card are authorized, but funds are not processed until the order has been manually processed and accepted by Our Business Office.

Select financing options are available with the Renovate credit card. The Renovate credit card is issued by TD Retail Card Services, a subsidiary of TD Banknorth, National Association. Please click here to read TD Retail Card Services’ Terms and Conditions. https://www.montgomerys.com/customer-resources/financing/

All orders are subject to sales tax in accordance with the current state and local tax rates for the shipping/delivery destination. Sales tax is calculated at the time of purchase and is generally based on the total selling price of each item, depending on local and state laws. To the extent any of the factors affecting the calculation of sales tax change between the time the User places an order and the time the User’s credit card is charged, the amount appearing on your order as “Estimated Tax” may differ from the sales taxes ultimately charged.

We will do everything in Our power to get the User’s merchandise to the User as soon as possible. We will not be responsible for unanticipated delays by the factory, strikes, Acts of God or freight companies. Any projections on delivery times are approximate and cannot be guaranteed.

PRODUCT AVAILABILITY

While We will use Our best efforts to fulfill all orders, We cannot guarantee the availability of merchandise displayed on the Site. We reserve the right to discontinue the sale of merchandise listed on the Site at any time without notice to the User.

We make no representation or warranty that the merchandise or services advertised or offered on the Site will be available at all times, or that they will be available on the basis of any indicated terms or conditions. Any failure by Us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

INNACURACY DISCLAIMER

All descriptions, images, references, features, content, specifications, merchandise, and prices of merchandise and services described or depicted on the Site are subject to change at any time without notice (including after the User has submitted an order). We will correct errors that We discover, and We reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).

Store prices, style and selection of merchandise may vary by location and/or the Site. Merchandise prices offered on the Site may vary from other advertised prices.

We make every effort to accurately display the details, including colors, of merchandise on the Site; however, We cannot guarantee that the User’s computer monitor’s display of any detail, including color, will be accurate.

PRODUCT PRICING

Pricing or mathematical errors are subject to revision by Us at any time without prior written notice to the User. We reserve the right, without prior notification to the User, to limit the order quantity on merchandise and/or to refuse or cancel a User’s order for any reason. We may require verification of information before accepting an order.

We cannot confirm the price of merchandise until the User orders. Despite Our best efforts, a small number of merchandise listed on the Site may be mispriced. If the correct price of merchandise is higher than Our stated price, We will, at Our discretion, either contact the User for instruction before shipping or cancel the User’s order and notify the User of such cancellation.

The prices displayed on the Site are in U.S. dollars and are valid and effective only within the United States, and such prices include estimated shipping and handling or sales tax, if applicable, which will be added to the User’s total invoice price once the order is placed. The User is responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to the User’s order. An amount equal to sales taxes and delivery charges must be paid at the time of purchase.

PROMOTIONS

Some exclusions may apply, including promotional codes, but not limited to Never on Sale for Less, Market, merchandise with manufactures’ minimum advertised price, clearance merchandise, “as-is” merchandise, labor, and previous purchases. Prices are valid for a limited time only and are subject to merchandise availability and correction for mistakes.

Occasionally, We will offer special promotions to the User that We refer to as “exclusive offers” or “VIP offer” or “VIP exclusive offer” (collectively “Offers”). This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with purchase of merchandise. These Offers may be for a limited time only.

Any sweepstakes, contests, raffles, or other giveaways (collectively “Contests”) made available through the Site may be governed by additional rules. If the User participates in any Contests, the User must review the applicable rules as well as our Privacy Policy. Unless the User asks Us not to, We may contact the User via email in the future to advertise specials, new merchandise and/or services, or changes to Our policies. If the rules for a Contests conflict with these Terms and Use, the Contest rules will apply.

ACCOUNT SECURITY AND TERMINATION

If the User elects to create an account with the Site, the User must complete the specified process outlined by Us with current, complete, and accurate information. It is the User’s responsibility to maintain the currency, completeness, and accuracy of the User’s registration data, and any loss caused by the User’s failure to do so is the User’s responsibility. It is the User’s exclusive obligation to maintain and control passwords and other login information to the User’s account. The User is prohibited from sharing this information with any third party or allowing any third party to use the User’s account. The User is exclusively responsible for all activities that occur in connection with the User’s user name and password. The User agree to immediately notify Us of any unauthorized uses of the User’s user name and password or any other breaches of security. We are not liable for any loss or damages of any kind, under any legal theory, caused by the User’s failure to comply with the foregoing security obligations or caused by any person to whom the User grants access to the User’s account. We reserve the right to, at Our sole discretion, terminate the User’s account with the Site at any time without notice to the User.

All information submitted to the Site by the User, including but not limited to cookies, account information, and testimonials, is governed by our Privacy Policy. You can view the Privacy Policy here.

LOST OR DAMAGED MERCHANDISE

Loss or damage to merchandise after the User accepts delivery of said merchandise will not release the User from the obligation to pay. The User agrees and understands that We are authorized to take all necessary action to perfect and continue perfection of its security interest in all merchandise purchased pursuant to these Terms of Use. This writing, together with all agreements/contracts/documents referenced above, contains the full, final and exclusive statement of the parties.

WARRANTIES AND DISCLAIMER

We make no warranties as to any merchandise which extend beyond these Terms of Use or the requirements of applicable law, if any. Upholstery fabric is not warranted by Us, except to be in proper condition upon delivery. Except for merchandise sold “as-is”, all manufacturers’ warranties, if any, apply in accordance with their respective terms and conditions. This warranty provision gives the User specific legal rights and the User may also have other rights which vary from state to state. Note: To the fullest extent allowed by applicable law, We disclaim any and all implied warranties of merchantability or fitness for a particular purpose.

GOVERNING LAW AND ELECTION OF JURISDICTION

These Terms of Use shall be governed by the laws of the State of South Dakota. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Us, the venue shall be in the State of South Dakota only and, in addition, the User hereby consents to the exclusive jurisdiction of the federal and state courts in the State of South Dakota. If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

SIGN UP AND RECEIVE $20 OFF YOUR NEXT PURCHASE

We will not sell or share your email.