Inside Goods Furniture Terms and Conditions
These terms and conditions for Paid Services (as defined below) (these “Paid Services Terms & Conditions”) govern the consignment or purchase of furniture or other items from inside-goods.com (“Property”) and services, such as a consignment, delivery, installation, or pick-up, (“Services”) by a consignee or purchaser of such Property or Services (hereinafter referred to as “You” or “Your” from Inside Goods Home Logistics, LLC dba Inside Goods (“Inside Goods”, “we”, “our”, or “us”). Notwithstanding anything to the contrary in these Paid Services Terms & Conditions, if a furniture consignment or sale agreement (“Contract”) or other written agreement is entered into and signed by both parties covering the consignment or purchase of the Property or Services, the terms and conditions of such Contract or written agreement will prevail to the extent such terms and conditions are inconsistent with these Paid Services Terms & Conditions. Inside Goods reserves the right to unilaterally amend these Paid Services Terms & Conditions upon 60 days prior written notice to You.
Ordering Property or Services
You may select Property and the related Services, if applicable, on Inside-Goods.com. Your selections will be detailed in an order confirmation email and/or on Your applicable Invoice.
In addition to selecting Property, the application to buy or consign such Property may involve several steps, including: (i) providing certain personal details, such as your name, phone number, and address; (ii) answering several optional questions about yourself, such as your furniture budget and furniture preferences; (iii) providing payment information to our third-party payment processor (the “Payment Processor”), such as a direct debit information for an account with a financial institution or a credit card that You provide (Your “Billing Account”) for the purpose of future processing of any payments to us that you authorize, including but not limited to furniture consignment, purchases, and related fees.
Fees & Charges
The applicable fees and charges for the Services are posted on our web app, mobile app, or provided during the Property ordering process and/or listed in Your Service Provision, Terms and Conditions and/or Contract, in addition to the fees detailed in these Paid Services Terms and Conditions.
Billing & Payment
The estimated total amount of payment or revenue share rate You will are owed or will have paid will be indicated in Your Service Provision, Terms and Conditions and/or Contract, subject to any additional fees and charges described in these Paid Services Terms & Conditions or such Contract. Subsequent updates to the estimated total may be confirmed during the ordering process or via email for any Property changes.
You agree to pay all fees and expenses set forth in your order confirmation Your Service Provision, Terms and Conditions and/or Contract in accordance with these Paid Services Terms & Conditions. Inside Goods uses a Payment Processor to bill You through Your Billing Account. You acknowledge and agree that any payment method and related billing and payment information that You provide to Inside Goods may be shared by Inside Goods with companies who work on Inside Goods' behalf, such as Inside Goods' Payment Processor and/or credit agencies, solely for the purposes of checking credit, processing payment to Inside Goods and servicing Your contract. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Paid Services Terms & Conditions. Inside Goods is not responsible for any error by the Payment Processor. You agree to pay Inside Goods , through the Payment Processor, for all amounts provided at the prices then in effect in accordance with the applicable payment terms. You authorize Inside Goods, through the Payment Processor, to charge Your chosen payment provider and method (Your “Payment Method”). You agree to make payment using that selected Payment Method.
The payments or payouts under an applicable Service Provision, Terms and Conditions and/or Contract consist of the revenue share rates and/or payment and other applicable fees & charges detailed in Your Contract and any additional fees or charges communicated to You by Inside Goods. You accept responsibility for all recurring charges prior to the termination or expiration of Your Contract. Inside Goods may submit any applicable charges without further authorization from You.
Taxes
You agree to pay all applicable sales and use taxes in connection with Your payment of the Property and taxable services provided.
Delivery and Pick-up
Inside Goods will deliver or pick-up the Property at the address specified above and on the mutually agreed date confirmed via electronic communications or phone call. You grant Inside Goods permission to enter and access Your premises for the purposes of delivering and assembly and picking up the Property and will provide Inside Goods with all necessary or desired assistance in connection with such access. You, or an adult (at least 18 years of age) on your behalf, must be present to sign for and acknowledge the delivery of any Property and the condition of such Property once it is assembled (if applicable) and placed in your residence. If you opt for contactless delivery, electronic mail confirming your acknowledgement of delivery of the Property will be required in place of a signature from You. This signature confirms that Property has been picked up or delivered by Inside Goods and have inspected and acknowledge the condition of such Property upon delivery and assembly (if applicable). Inside Goods will have no liability for damages resulting from any delay in delivery or pick-up of the Property or as a result of or in connection with the delivery of such Property.
Property Additions, Returns, and Modifications
After the initial pickup or delivery, any additions, returns, or modifications to the Property will be confirmed in writing between You and Inside Goods and will be subject to the terms and conditions of these Paid Services Terms & Conditions or Your Service Provision, Terms and Conditions and/or Contract.
Contact and Communications
You agree that Inside Goods , or its authorized third party service providers on Inside Goods' behalf, may contact You using any telephone number(s) that You have provided, or that You provide in the future, or that is obtained from another source, even if the number is for a mobile telephone and using the number results in charges to You by Your mobile service provider. You also agree that Inside Goods , or its authorized third party service providers on Inside Goods' behalf, may leave an auto dialed or prerecorded message or use other technology to make contact with You. You further agree that if You gave us a mobile phone number in your application, or if You later provide or provided a mobile phone number, or if a mobile phone number for You is obtained from another source, we may contact You by text message on that mobile phone regarding Your account, notwithstanding the fact that there is a possibility that a third party may see the text message to You. You represent that any mobile phone number You have provided or will provide is Your mobile phone number alone. You may cancel this consent by providing us with notice in writing. We reserve the right to access, read, preserve, record, and disclose any information or communications via phone, email, or text message as we reasonably believe is necessary to: satisfy any applicable law, enforce these Terms, enforce the terms of Your Contract, respond to user support requests; or protect our, our users’ or the public’s rights, property or safety.
Insurance Claims
You agree to first claim any loss against any non-Inside Goods insurance carried by You, if available. In the case of damage to Property, any damage must be inspected in the presence of a Inside Goods representative within twenty-four hours of the damage event. Claims for loss of, or damage to, the Property must be filed with Inside Goods by submitting a claim form obtainable via email request from support@inside-goods.com. Claims shall be deemed waived if not filed within twenty-four hours following the damage event. Upon receipt of a completed Claim Form and any required documentation, Inside Goods will process the claim and schedule inspection by a Inside Goods representative within twenty-four hours of receipt of the Claim Form and documentation. Inside Goods will then issue a formal reply within five (5) business days of the inspection. Inside Goods will pursue the lesser of the following claim amounts: (a) the cost of reasonably restoring the Property to its condition immediately before the damage or (b) replacement of the Property. It is hereby expressly agreed that Inside Goods shall have no liability if any claim is denied or paid in part by Your insurance company.
Disclaimer of Warranties
Inside Goods is not the manufacturer of the Property provided under these Paid Services Terms & Conditions or Your Contract. THE PROPERTY IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS. INSIDE GOODS MAKES NO WARRANTY, EXPRESSED, IMPLIED, OR STATUTORY, WITH REGARD TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Title
It is understood that this transaction is a consignment or sale. Upon consignment, Title and ownership to the Property will remain with Inside Goods , and You will not grant a security interest of any kind or dispose of any item of Property. You must keep the Property free and clear of all levies, attachments, liens, and encumbrances and must not in any way impair Inside Goods' title in such Property. Inside Goods has the right, but not the obligation, to file a financing statement at any time to file notice of its ownership of the Property.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL INSIDE GOODS BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROPERTY WHETHER OR NOT INSIDE GOODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE PAID SERVICES TERMS & CONDITIONS, THE PROPERTY, OR THE SERVICES, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
INSIDE GOODS' LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE PAID SERVICES TERMS & CONDITIONS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO INSIDE GOODS UNDER THESE PAID SERVICES TERMS & CONDITIONS OR YOUR CONTRACT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT INSIDE GOODS' SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE PAID SERVICES TERMS & CONDITIONS OR YOUR CONTRACT.
THE FOREGOING LIMITATIONS ON LIABILITY SHALL NOT APPLY TO THE LIABILITY OF INSIDE GOODS FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY ITS FRAUD OR FRAUDULENT MISREPRESENTATION.
Dispute Resolution, Arbitration, ad Class Action Waiver
Unless otherwise stated in Your Contract, or otherwise in writing, Section 13 (Agreement to Arbitrate Disputes and Class Action Waiver) of the Inside Goods Furniture Terms of Use apply to these Paid Services Terms & Conditions. Please read Section 13 of the Inside Goods Furniture Terms of Use carefully. It requires You to arbitrate disputes with Inside Goods and limits the manner in which You can seek relief from Inside Goods.
Miscellaneous
These Paid Services Terms & Conditions and any disputes related to these Paid Services Terms & Conditions is governed by and will be construed in accordance with the laws of the state of Georgia, without regard to conflict of law provisions. Subject to the binding arbitration provisions in the Inside Goods Furniture Terms of Use or Your Contract, You agree the State of Georgia will be the jurisdiction and legal venue for any claim or dispute that has arisen or may arise from these Paid Services Terms & Conditions, provided that Inside Goods reserves the right, and You agree to Inside Goods' right, to bring legal action in whatever jurisdiction from which the Property was consigned or sold, whose laws, at the option of Inside Goods, will govern these Paid Services Terms & Conditions. Any waiver or failure to enforce any provision of these Paid Services Terms & Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any portion of these Paid Services Terms & Conditions is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect. These Paid Services Terms & Conditions, together with any other documents incorporated by reference (including but not limited to Your order email confirmations), constitutes the entire agreement between You and Inside Goods for the consignment or purchase of the Property, supersedes all prior agreements between You and Inside Goods for the specified Property, whether written or oral and any terms, and may be amended only by a document signed by both parties.
