Terms of service
OVERVIEW
Welcome to the Eve Furniture website, which is operated by Eve Furniture. When we mention "we," "us," or "our," we mean Eve Furniture. Our website provides various information, tools, and services, and by using our website, you agree to follow the rules outlined in these Terms of Service.
Please take a moment to read these terms carefully. If you don't agree with them, you shouldn't use our website or services. These terms are essential for both of us.
Section 1 - Online Store Terms
- You must be of legal age to use our website, or have permission from a parent or guardian.
- Do not use our products for illegal purposes or harm our website with malicious software.
- Violating these terms can result in us stopping your access to our services.
Section 2 - General Conditions
- We reserve the right to deny service to anyone for any reason.
- Content on our website may be visible to others, but we will keep sensitive information, like credit card details, secure.
- Do not copy or sell our content without permission.
Section 3 - Accuracy, Completeness, and Timeliness of Information
- While we strive for accuracy, our website may contain errors, so do not rely solely on it for critical decisions.
- We can change the content on our website at any time without prior notice.
Section 4 - Modifications to the Service and Prices
- Prices may change without notice.
- Shipping surcharges may occur in case we are unable to fulfill the order due to excessive shipping/freight cost.
- We can modify or discontinue services but will attempt to inform you.
- In the event of a pricing error or system error, we reserve the right to cancel the affected order and issue a full refund of any amount charged. Eve Furniture is not obligated to fulfill orders placed at an erroneous price.
Section 5 - Products or Services (if applicable)
Customer Responsibility for Product Selection, Measurements & Compatibility
- Customers are solely responsible for ensuring the products they order are suitable for their intended use before placing an order.
- Before placing your order, please verify all product dimensions, specifications, color, finish, configuration, compatibility, and that the item will fit through all doorways, hallways, stairwells, elevators, and into the intended room or space.
- If you have any questions or are unsure whether a product will fit your space or meet your needs, please contact Eve Furniture before placing your order. Our team is happy to assist you.
- Returns or cancellations resulting from customer purchasing errors—including ordering the wrong size, failing to verify measurements, discovering the item does not fit the intended space, selecting the wrong color, finish, or configuration, or changing your mind—are not considered seller errors.
- Such returns remain subject to all applicable return policies, including restocking fees, outbound shipping charges, return shipping charges (two-way shipping), and any other applicable fees.
- Eve Furniture is not responsible for any costs or losses resulting from a customer's failure to verify measurements, specifications, compatibility, or suitability prior to purchase.
Section 6 - Accuracy of Billing and Account Information
- We may refuse or modify orders.
- Please ensure your information is current so we can contact you if needed.
Section 7 - Optional Tools
- We may offer tools "as-is" without warranties.
- Additional tools or services may be introduced in the future.
Section 8 - Third-Party Links
- Our site may link to other websites, but we are not responsible for their content.
- We do not disclose confidential business relationships or private contact details of any vendors or manufacturers from whom we source our products.
Section 9 - User Comments, Feedback, and Other Submissions
- We can use the ideas you share with us.
- We reserve the right to edit or remove inappropriate comments.
- Do not submit false or harmful content.
Section 10 - Personal Information
- Your personal information is protected under our Privacy Policy.
Section 11 - Errors, Inaccuracies, and Omissions
- We may make errors and reserve the right to correct them.
- We are not obligated to update information unless required by law.
- If an error or inaccuracy affects the pricing or availability of an item in your order, we reserve the right to cancel that order at any time — including after the order has been submitted or confirmed — and issue a full refund. You will be notified of any such cancellation promptly.
Section 12 - Prohibited Uses
- Do not misuse our website or interfere with its operation.
Section 13 - Disclaimer of Warranties; Limitation of Liability
- We strive to maintain our service but do not guarantee it.
- Your use of our service is at your own risk, and we are not liable for any damage.
- If your state's laws differ, we will comply with the applicable law.
Section 14 - Indemnification
- If your actions cause us legal trouble, you must assist in resolving it.
Section 15 - Severability
- If any part of these terms is found illegal, the remaining terms still apply.
Section 16 - Termination
- You may stop using our service at any time.
- We may terminate your access if you violate these terms.
Section 17 - Entire Agreement
- This document represents the entire agreement between us.
Section 18 - Governing Law
- These terms are governed by U.S. law.
Section 19 - Changes to Terms of Service
- We can change these terms, so please check back for updates.
SECTION 20 - Mutual Disclaimer Agreement
Disclaimer of Warranty:
The merchandise is provided "as-is" and may not always be available in all areas or under all conditions, such as changes made by your wireless carrier. The provider is not liable for any delays or failures in receiving mobile messages, which depend on your wireless service provider, and factors beyond the provider's control can affect this.
Participant Requirements:
Participants must have a wireless device capable of two-way messaging, use a participating wireless carrier, and be a text messaging service subscriber. Not all cellular providers may support the necessary services for participation, so participants should check their phone capabilities.
Age Restriction:
Participants under the age of 13 cannot use or engage with the Platform. If participants are between 13 and 18 years old, they must have their parent's or legal guardian's permission to use the Platform. By using the Platform, participants affirm that they meet the age requirements and are legally allowed to use the Platform according to their jurisdiction's laws.
Prohibited Content:
Participants must not send any prohibited content over the Platform, including but not limited to:
- Fraudulent, defamatory, harassing, or stalking content.
- Objectionable content such as profanity, obscenity, violence, or discrimination based on race, sex, religion, etc.
- Pirated software, viruses, or harmful code.
- Any unlawful product, service, or promotion.
- Content implicating personal health information protected under HIPAA or HITEC.
- Any other content prohibited by the laws of the jurisdiction from which the message is sent.
Ownership and Return of Merchandise:
If a refund or chargeback is issued, ownership of the merchandise automatically reverts to the merchant. You are responsible for returning the merchandise in its original condition and assisting with the return process. Failure to return the merchandise may result in legal action.
Dispute Resolution:
Any disputes, claims, or controversies related to the agreement must be resolved through binding arbitration in Houston, Texas. The arbitration process will follow the AAA's Commercial Arbitration Rules, and the arbitrator will apply the substantive laws of the Federal Judicial Circuit where Eve Furniture's principal place of business is located.
An arbitrator will be selected within ten days of the arbitration demand, with the AAA appointing one if the parties cannot agree. The decision of the arbitrator is final and binding, with limited rights of appeal as provided by the FAA.
Arbitration fees are shared by both parties, but the arbitrator can order one party to pay all or part of the fees. No punitive damages can be awarded, and claims can only be brought on an individual basis, not as part of a class or representative action. The arbitration proceedings are confidential unless both parties agree to disclosure.
Miscellaneous Provisions:
Participants represent that they have the necessary authority to agree to the terms and that doing so does not breach any other contract or obligation. The failure to exercise any right under the agreement does not waive future rights. If any part of the agreement is unenforceable, it will be limited or removed as necessary, with the remainder of the agreement staying in effect.
The agreement may be updated over time, and continued participation after updates means acceptance of the changes.
SECTION 21 - Damage, Missing Items & Incorrect Shipments
Damage, Missing Items & Incorrect Shipments — 48-Hour Claim Requirement
Eve Furniture requires that all claims related to damaged merchandise, missing components, or incorrect items be reported within 48 hours of the confirmed delivery date. Claims submitted after this period will not be considered under any circumstances. The responsibility to inspect merchandise upon delivery rests solely with the customer.
Claims must be submitted through our Damage Claim page and must include photographic evidence of the damage or discrepancy. The original packaging and the product must be preserved in full; disposal of either constitutes grounds for claim denial.
Customers must not refuse delivery of damaged or incorrect items without first obtaining authorization from Eve Furniture. All returns require a Return Merchandise Authorization (RMA) issued by Eve Furniture prior to shipment. Delivery refusals made without an RMA may result in delayed resolution, denied claims, or additional charges. Upon receiving a damaged or incorrect shipment, customers should accept the delivery, document all visible issues, and contact Eve Furniture immediately for further guidance.
SECTION 22 - Freight Delivery Appointments, Missed Deliveries & Cancellation After Shipment
Freight Delivery Appointment Responsibility
For orders shipped via freight carrier, it is the sole responsibility of the customer to coordinate and arrange the delivery appointment directly with the shipping company. Upon shipment, customers will receive tracking information and/or carrier contact details necessary to schedule delivery.
Delivery dates and appointment windows are determined solely by the freight carrier and are estimates only. Eve Furniture does not control, guarantee, or assume responsibility for carrier scheduling, delivery dates, appointment availability, or delivery time windows.
Customers are responsible for monitoring tracking updates and ensuring they are available to receive delivery on the scheduled date. If the scheduled delivery date is not suitable, the customer must contact the freight carrier directly at least 48 hours prior to the scheduled delivery date to request a reschedule.
Missed Delivery Appointments & Additional Charges
If a customer fails to be available for a scheduled delivery appointment, refuses delivery without prior authorization, or otherwise causes a failed delivery attempt, any fees imposed by the freight carrier shall be the sole responsibility of the customer. Such fees may include, but are not limited to, redelivery charges, reattempt fees, storage fees, appointment rescheduling fees, handling charges, and return freight costs.
Eve Furniture shall not be responsible for any costs, delays, damages, or losses resulting from a customer's failure to coordinate, monitor, or accept delivery.
Cancellation After Shipment or Missed Delivery
Any cancellation request submitted after an order has shipped, or following a missed delivery appointment, failed delivery attempt, or unauthorized refusal of delivery, shall be treated as a return subject to Eve Furniture's In-Stock Item Return Policy.
In such cases, the customer shall be responsible for all outbound shipping charges, return shipping charges (two-way freight), carrier-imposed fees, and a 30% restocking fee. These amounts will be deducted from any eligible refund. If the total fees exceed the refund amount, the customer remains responsible for the outstanding balance.
For the avoidance of doubt, cancellations or returns resulting from customer purchasing errors—including ordering the wrong size, failure to verify dimensions, discovering the item does not fit the intended space, selecting the wrong finish or configuration, or any similar customer-related reason—remain subject to all applicable restocking fees, outbound shipping charges, return shipping charges (two-way shipping), and any carrier-imposed fees. If you have any questions or are uncertain about a product's dimensions, specifications, or compatibility, please contact Eve Furniture before placing your order.
Orders may not be canceled without penalty once they have been shipped, tendered to the carrier, or scheduled for delivery.
SECTION 23 - CONTACT INFORMATION
If you have questions, email us at info@evefurn.com or call (281) 800-9057
Thank you for Choosing Eve Furniture!