Terms of Service
Last updated January 7, 2021
Please read all of our terms carefully. By using our website/services, you are agreeing to all terms. Additional terms may be added at any time. By accessing the www.thefurnituresquare.net and/or using our services, you intend and agree to be legally bound by this agreement.
Using our Services
You must read and follow any policies made available to you within the website, including our Terms of Sale and applicable Online Auction Terms & Conditions.
Using our Services does not give you ownership of any intellectual property rights in our services or the content you access. You do not have the right to use any branding or logos used in our services, including the The Furniture Square name and logo.
Our services may display some content and links that are not our own. Examples: content and links from 3rd party furniture retailers or our advertisers. This content is the sole responsibility of the individual or entity that makes it available.
In connection with your use of the services, we will send you marketing announcements, messages related to your account/bids, and other information. You may opt out of some but not all of those communications, for example, by clicking on “unsubscribe” in our marketing e-mails.
Some of our services are available on mobile devices, which may cause you to incur SMS or data charges with your wireless provider. We have no control over these charges, and if you do not wish to be charged, you should stop using these services.
To protect your account with The Furniture Square, keep your password confidential and contact us immediately if you learn of any misuse at: email@example.com. You are responsible for the activity that happens with your account and we cannot be held responsible for any misuse.
You agree to pay all amounts owed to us for the services under any terms, policies or other written or electronic agreement we may have in place. All payments are due within 24 hours or your account may be suspended and items forfeited.
Privacy and Feedback
Modifying and Terminating our Services
You can stop using our services at any time and we may also stop providing services to you, or create new terms to our services, at any time without notice.
Warranties and Disclaimers
We don’t make any commitments about the content within our services, the specific functions of our services, or their reliability, availability, or ability to meet your needs. We also do not make any warranties or commitment relating to non-infringement, freedom from viruses or other harmful code, or error-free or uninterrupted operations. Our services are provided “as is”.
Liability for our Services
We are not liable for any loss or damage that is not reasonably foreseeable or that is due to events outside of our reasonable control, such as wars, criminal activities, storms, natural disasters, acts of government, supply interruptions, or telecommunication or internet failures.
Other Users of our Services
If you are using our services on behalf of someone else, a business or employer, they accept these terms.
You hereby agree to indemnify, defend and hold harmless The Furniture Square and its affiliated companies, and their respective directors, officers, employees, agents, representatives, partners, contractors, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees), resulting from or arising out of your actual or alleged breach of these terms, any content you provide through the services, or your use or misuse of the services.
About these Terms
We may modify these terms or any additional terms that may apply at any time. You should check back regularly and before bidding and look at the “Last Updated” date at the beginning of the terms. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and any additional terms for a Service, the additional added terms will control for that conflict.
Online Auction Terms & Conditions
Please make sure to carefully read our terms & conditions before bidding.
Auction start and end times: Will vary, please see individual auctions for times.
Item Inspections/Returns: We do our best to inspect items before listing and give accurate descriptions online, although this may not always be 100% accurate. Item inspections should be made by customer upon pickup in designated inspection area. Once customer has removed item from inspection area, it cannot be returned for any reason. All items are sold AS IS, NO REFUNDS.
Pickup Location: 8578 Avenida Costa Blanca, San Diego, CA 92154 (please follow “Customer Pickup” signs to the pickup area).
Pickup Scheduling: All pickups are done by APPOINTMENT ONLY and are limited to 2-3 days per week. Please review and schedule a pickup date/time from our calendar here: https://thefurnituresquare.net/calendar/
Pickup date must be within 10 days of auction end or you forfeit your item without refund, we cannot store items for longer than 10 days.
If you are late to your appointment time, you can attempt to still show up but there is a chance you may have to wait for an unknown amount of time OR you may be asked to reschedule.
Loading: Loading your items must be done yourself or with your own help. We will only move your items to the main pickup area/door, so please come prepared with your own resources and/or tools to remove your items from the pick up area in a timely manner.
Shipping/Delivery: The Furniture Square does not arrange shipping or delivery at this time, but will in the near future. Currently we are pickup only. However, you may arrange pickup/delivery on your own with a 3rd party company who offers this service. Please email us within 24-48 hours ahead of your scheduled pickup time to notify us if a 3rd party will be picking up your order along with all their information: firstname.lastname@example.org
Bids: Once you submit a bid, it cannot be changed or removed. Carefully review the auction description before submitting your bid. BID AT YOUR OWN RISK, we do our best to inspect and provide accurate information in the titles and descriptions, but we make no guarantees on their accuracy. The buyer is responsible for inspection upon pickup.
Extended Bidding: If a bid is placed in the last 5 minutes, the item will automatically extend for an additional 5 minutes.
Buyer’s Premium: The buyers premium is 15% and will automatically be added to your bid total. Please bid with this in mind.
Sales Tax: All purchases will be subject to California sales tax.
Payment: Your payment must be received within 24 hours.
The Furniture Square auctions are in compliance with Section 2328 of the Commercial Code, Section 535 of the Penal Code and the provisions of the California Civil Code. Bond#65307123
TERMS OF SALE
The Furniture Square is an online auction platform that sells furniture and other household items where we photograph and warehouse items, conduct online auctions with descriptions that are to the best of our knowledge accurate, collect payments, and facilitate in-person pickup.
These terms of sale are governed by The Furniture Square’s Terms of Service and applicable Online Auction Terms & Conditions.
When you use our services to bid on an item, the following terms apply:
- Pricing. All prices are shown in U.S. dollars. Additional charges may apply – such as but not limited to a 15% Buyers Premium and current applicable California Sales Tax. The Furniture Square uses an auction format, so prices change frequently as users bid on items.
- Bidding. All bids are legally binding. When you bid on an item, you accept that your bid is a contract to pay The Furniture Square within 24 hours. Bids can happen very rapidly and website delays tend to happen, we recommend getting your highest bid in plenty of time in case of this. We make no guarantee that you will win the auction, even if it may appear so on your screen.
- Errors. We strive to be as accurate as possible, to eliminate errors on our services and listings.Hhowever, we do not represent or warrant that any product, description, photograph, or other information is 100% accurate, complete, reliable, current or error-free. All items are sold “As Is” with no refunds and it is the buyers responsibility to carefully read auction descriptions and inspect items upon pickup. In the event of a technical error, we reserve the right to, but offer no guarantee that, we will correct the error.
- All Bids Are Final. All bids are final and all items are sold “As Is” with no refunds. We offer in person inspections upon pickup to make sure the item matches the description online, but if you misread or misunderstood a description, we are not responsible for this and you will not be refunded. Once an item leaves our designated inspection area, there are no returns or refund whatsoever. If you choose not to read full descriptions online or inspect your items before leaving, you are doing so at your own risk.
- No Warranty. All items are sold “As Is” and with all faults. The Furniture Square does not make any express or implied warranties about the items sold.
- No Returns or Refunds. We do not accept returns or provide refunds / exchanges. However, upon inspection at pickup only, you receive an item that has major defects not disclosed in the listing or the description in the listing was very inaccurate in important ways compared to the actual item/listing description, you may refuse your item at the inspection/pickup area immediately after inspection, and we will attempt to help you resolve the issue.
- Item Receipt Process. All items must be picked up on your scheduled pickup date/time that you set in our calendar. These times will be limited to 2-3 days per week and it is your responsibilty to schedule this yourself on the calendar and choose a pickup date/time within 10 calendar days of auction winning. If the items are not picked up within 10 calendar days of on the specified dates, the item will be considered forfeit without a refund to your card and relisted or offered to the next highest bidder.
- Fees. The Furniture Square charges auction winners a 15% Buyers Premium fee on top of their winning bid, non-winners will not have any fees. Current California sales tax will also apply to the total (winning bid + buyers premium).
- Delivery. The Furniture Square does not offer shipping or delivery service at this time but will in the near future. Currently it is pickup only. All items must be picked up from our warehouse by appointment only on the date/time you must schedule yourself on our online calendar. The Furniture Square will work with any 3rd party delivery provider of your choice but will require additional information for this. Please email us within 24-48 hours of your appointment time.
- Additional Rights. The Furniture Square maintains the right to monitor and limit bidder’s activities like number of auctions one person can bid on and highest bid amount. We also maintain the right to ban bidders who violate policies listed throughout the site and we have the right to refuse service with any bidder for any reason.