Terms & Conditions

RETURNS

 

What is your return policy?

Havertys offers a three-day reselect or cancellation policy. If within three days of delivery or pickup you are not completely satisfied with the color, comfort, or quality of your order, Havertys will allow you to reselect or cancel your purchase. Delivery fee will not be refunded. Pickup orders must be returned to the original pickup location within three days of pickup. This policy does not apply to mattresses, adjustable bases, mattress foundations, special orders, floor samples, or Clearance Center/Outlet purchases.

At point of delivery or pickup, if any items need to be serviced, please contact our Customer Service Department at 1-888-HAVERTY (428-3789). Cancellations within the three-day period will be processed for the original merchandise purchase. Refunds will be processed by Havertys Credit Services 10 days after the return of your cancelled merchandise.

FedEx shipping return policy

Some Havertys products, including accessories and lamps, may be shipped via FedEx. For these purchases, cancellations within the three (3) day period will be processed for the original merchandise purchase less a 15% restocking fee. Please note that your original FedEx shipping charge will not be refunded.

Refunds will be processed by Havertys Credit Services 10 days after the return of your cancelled merchandise. This policy does not apply to special orders, floor samples, or Clearance Center/Outlet purchases.

No returns will be made after 3 days. Please inspect all products upon receipt.

How to return your FedEx shipment

To ensure that your return is processed accurately and promptly, please first call us at 1-800-HAVERTY (428-3789) 8AMET-7PMET Monday-Saturday. The Havertys associate will gather information about your return and email you a Return Merchandise Authorization (RMA) number.

The RMA number will allow you to return merchandise at any authorized FedEx shipping location. Merchandise must be returned in the original packaging and in the original condition.

Once the product is received at our warehouse in good condition, we will issue a refund for the purchase amount of the product and tax less a 15% restocking fee. The original FedEx shipping charges will not be refunded. Payment will be refunded to the original method of payment used for the purchase. Please note that returns made without an RMA number will not be accepted.

MATTRESS SLEEP GUARANTEE

Tempur-Pedic, Stearns and Foster, and Sealy Hybrid 90 Night Comfort Guarantee - MATTRESS may be exchanged or returned after 30 nights and before 90 nights from date of delivery for re-selection. The re-selection can be to any brand. IF CHANGING BRANDS, also exchange the flat box spring. HEIGHT does not qualify for a comfort exchange or return. FLAT BOX SPRINGS may only be exchanged if switching brands. ADJUSTABLE BASES, PILLOWS AND SHEETS do not qualify for comfort exchange or return. ONE comfort exchange per customer.

Beautyrest Black, Serta Comfort, Scott living 120 Night Comfort Guarantee - MATTRESS may be exchanged or returned after 30 nights and before 120 nights from date of delivery for re-selection. The re-selection can be to any brand. IF CHANGING BRANDS, also exchange the flat box spring. HEIGHT does not qualify for a comfort exchange or return. FLAT BOX SPRINGS may only be exchanged if switching brands. ADJUSTABLE BASES, PILLOWS AND SHEETS do not qualify for comfort exchange or return. ONE comfort exchange per customer.


1-YEAR FREE PARTS & LABOR

Havertys stands behind all manufacturer warranties with free parts and labor for 1-year from your date of delivery. (Does not apply to floor samples or clearance merchandise.) To schedule service within the first year, please contact our Customer Service department at 1-888-HAVERTYS (428-3789).


30-DAY PRICE POLICY

Havertys wants to offer you the best home furnishings values possible. If you find the identical item with the same services advertised for less within 30 days of purchase, we will gladly refund the difference.


PROTECTION PLAN

This supplemental protection is available for a nominal fee at the time of your purchase. It will protect your purchase for 5 years from the date of delivery. The Protection Plan covers nearly every type of furniture including wood, leather, fabrics and hard surfaces like laminates glass and metal. The Plan offers protection against accidental damage including stains, gouges, burns, water marks and more. See plan for complete details or click here for more information. To process a claim, please call 800-482-7340.


SPECIAL ORDERS

Special orders are items manufactured by customer request, and because they are not items that Havertys keeps in stock. These items require a 25% non-refundable deposit.

Please be prepared to wait for special order merchandise to arrive at our warehouse, and allow for additional delivery time thereafter. For questions concerning your delivery or merchandise, please call 1-888-HAVERTYS (428-3789).


TERMS AND CONDITIONS OF USE

 

Havertys provides this website (the "Website" or "Site") for its customers and other permitted users. These Terms and Conditions of Use (the "Terms and Conditions") help enable us to provide you with the information, other content, and other features available through our Site.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US ARE RESOLVED (SEE THE LEGAL DISPUTES SECTION BELOW). THIS INCLUDES AN OBLIGATION TO ARBITRATE CERTAIN CLAIMS THROUGH BINDING AND FINAL ARBITRATION. EXCEPT AS THE TERMS AND CONDITIONS OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHT TO TRY AND CLAIM AGAINST HAVERTYS IN COURT BEFORE A JUDGE OR JURY AND YOU WILL ONLY BE PERMITTED TO BRING CLAIMS AGAINST US AND SEEK RELIEF ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

For purposes of these Terms and Conditions, by accessing, or using any content, material, information, data, or services contained on, located at, or accessed via the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in full. If you do not agree to these Terms and Conditions, please do not use this Site.

Privacy Policy

By accessing and using the Website, you acknowledge you have read and understand the Privacy Policy. The Privacy Policy, which you may review by clicking here, describes in detail Havertys’ information practices and procedures for personal information collected via the Website.

Mobile Messaging

If you subscribe to Havertys’ mobile messaging service then the terms and conditions of the Text Delivery Notice Terms And Conditions also apply, and you acknowledge and agree to those terms and conditions.

Use of the Website

Subject to these Terms and Conditions, Havertys grants you a personal, non-transferable, and non-exclusive right and license to use the Website solely for your internal use. You may not (and may not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to, the Website or any content available via the Website.

No commercial use or redistribution of any content, materials, or information contained on or offered through the Website is permitted, unless you and Havertys have a separate written agreement setting out such use.

Accounts, Passwords and Security

If you open and register for a “My Havertys” or similar account on our Website that will provide you with access to password-protected portions of this Website (“Account”), you must provide us with current, complete and accurate information as prompted by the applicable registration form and choose a password and user name as part of registration for an Account. You are entirely responsible for maintaining the confidentiality of your password and Account and for any and all activities that occur under your Account. You agree to (a) immediately notify us at 1-888-HAVERTY (428-3789) of any unauthorized use of your Account or any other breach of security of which you become aware, and (b) exit completely from your Account at the end of each online session. Havertys will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. You may not use anyone else's account at any time without the permission of the account holder.

No Unlawful or Prohibited Use

You may not use or attempt to use the Website for any activity that is unlawful, unauthorized, fraudulent, malicious, or harmful to persons or property. Among other things, you agree you will not do any of the following:

  • Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
  • Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Havertys representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of the computer or property of another;
  • Delete any author attributions, legal notices or proprietary designations or labels from any content on the Site;
  • Use any of our Website's features in a manner that adversely affects the experience or availability of the features for other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  • Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
  • Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  • Delete or revise any material posted by any other person or entity;
  • Probe, scan, test the vulnerability of or breach the authentication measures of, our Website or any other computers networks or systems;
  • Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any person for any products or services if you are not expressly authorized by that person to do so;
  • Harvest or otherwise collect information about others, including e-mail addresses; or
  • Use any robot, spider, scraper, or other automated or manual means to access our Website or to copy any content or information on our Website.

Havertys reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access and/or Account. Havertys may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Havertys reserves the right at all times to disclose any information as Havertys deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part. You also agree to reimburse Havertys for any damage, loss, cost, or expense Havertys incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Website for an unlawful or prohibited purpose.

Submitted Content

You may have the opportunity to post and submit content and information on this Site using comment/review, messaging, and other interactive features of the Site (“On-Site Submitted Content”). For example, you may choose to submit a photograph of your purchase from Havertys to the Site.

You may also be able to post and submit information and content related to Havertys on third party social media and platforms, including through the use of hashtags and similar identifiers (“Off-Site Submitted Content”). For example, you may choose to post a message about your Havertys purchase on Twitter with the hashtag “#myhavertys”.

“Submitted Content” includes both On-Site Submitted Content and Off-Site Submitted Content.

You grant Havertys and its agents a non-exclusive, perpetual, worldwide, royalty-free, transferable, sublicensable license to reproduce, distribute, modify, display, and otherwise use Submitted Content for marketing, advertising, business planning, strategy, product development or any other lawful business purpose. You agree that we can exercise this license with no obligation to compensate you. To the extent permitted by applicable law, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity you may have under any applicable law under any legal theory with respect to the Submitted Content.

You represent and warrant that you have all rights necessary to submit the Submitted Content and grant the licenses above and that such Submission or Creation, and that doing so complies with all applicable laws, rules and regulations and does not violate rights of anyone else, including any copyright, trademark, patent, trade secret, privacy rights or publicity rights.

Please note that when you create Off-Site Submitted Content via a third party service or social media, that third party providing the service or social media may have its own ability to use your Off-Site Submitted Content, even where you may include Havertys-related hashtags. Havertys is not responsible for any use of the Off-Site Submitted Content by those third parties. You understand that your Submitted Content may be accessible to others, including users of this Site, who may be able to share your Submitted Content with others and to make them available elsewhere, including on other sites and platforms.

Products, Pricing and Orders

You may purchase certain Havertys products through this Site (“Products”). Some Products available on the Site may not be available in stores. Terms and conditions relating to the sale, delivery and returns regarding Products on the Site can be found here.

If a Havertys Product is mistakenly listed at an incorrect price or with other incorrect information, Havertys reserves the right to refuse or cancel any orders placed for Product listed at the incorrect price or based on incorrect information. Risk of loss for Products passes from Havertys to you when delivered if Havertys is the delivery carrier and when the Product is placed for delivery to you if the delivery carrier is other than Havertys (e.g., FedEx). Delivery times are estimates, and Havertys is not responsible for any inability to fulfill orders due to reasons beyond our control, including, but not limited to, inability to obtain Products from manufacturers or distributors for any reason, Product backorders or Product discontinuation. Havertys reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Havertys shall issue a credit to your credit card account in the amount charged.

Additional information regarding Product purchases and customer service can be found at our Customer Service page.

Warranty Disclaimer

THE WEBSITE, PRODUCTS, AND INFORMATION PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THIS WEBSITE. HAVERTYS, HAVERTYS' PARTNERS, AFFILIATES, AND/OR HAVERTYS' SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME.

HAVERTYS, ITS PARTNERS, AFFILIATES, AND/OR RESPECTIVE SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE WEBSITE CONTENT, INFORMATION, AND PRODUCTS DISPLAYED ON OR LOCATED AT THE WEBSITE FOR ANY PURPOSE. ALL SUCH WEBSITE CONTENT, INFORMATION, AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HAVERTYS, ITS PARTNERS, AFFILIATES, AND/OR RESPECTIVE SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE CONTENT, INFORMATION AND PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. HAVERTYS AND ITS PARTNERS MAKE EVERY EFFORT TO PROTECT YOUR SECURITY, BUT, BECAUSE THE INTERNET IS AN INSECURE MEDIUM, NEITHER HAVERTYS, NOR ITS PARTNERS, AFFILIATES, OR SUPPLIERS MAKE ANY REPRESENTATION OR WARRANTY THAT ANY TRANSACTION CONDUCTED THROUGH THIS WEBSITE WILL NECESSARILY BE SECURE.

HAVERTYS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAVERTYS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN ADDITION, AS TO PRODUCTS ORDERED THROUGH THIS SITE, ANY LIABILITY FOR DEFECTS OR ISSUES WITH SUCH PRODUCTS IS LIMITED BY THE TERMS OF ANY APPLICABLE MANUFACTURER'S PRODUCT WARRANTIES OR OTHER WRITTEN WARRANTIES THAT ACCOMPANY SUCH PRODUCTS.

Limitation of Liability

YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND ANY RELATED PASSWORDS. IN NO EVENT SHALL HAVERTYS, ITS PARTNERS, AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, FOR ANY INFORMATION OBTAINED THROUGH THIS WEBSITE, ANY PRODUCTS ORDERED THROUGH THIS SITE, THE DELAY IN DELIVERY OF ANY PRODUCTS ORDERED, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OF HAVERTYS, ITS PARTNERS, AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS AND LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF HAVERTYS' PARTNERS, AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS AND LICENSORS FOR ANY DAMAGES ARISING OUT OF OR RELATED TO ANY DEFAULT HEREUNDER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED $100. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE HAVERTYS DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

Reservation of Rights

All copyright, trademark, patent, trade secret and other proprietary rights in this Website and in the software, text, graphics, design elements, audio, music, and all other materials originated or used by Havertys or its service providers on this Website (collectively, the "Website Content") are reserved to Havertys and any other owners who have granted Havertys the right and license to use such Website Content. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

Notice Regarding Copyright Agent.

Havertys respects the intellectual property rights of others and requests that users of our Website do the same. If you believe that any content on any of our Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) containing the following:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Havertys to locate the material;
  • The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
  • A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement claims and notices should be sent to:

Havertys Furniture Companies, Inc.
Attention: General Counsel
780 Johnson Ferry Road, NE
Suite 800
Atlanta, Georgia 30342

Trademarks

All trademarks, service marks and trade names of Havertys used in the Site are trademarks or registered trademarks of Havertys or their respective owners. You agree that you will not use any such trademarks, service marks, trade dress, or other indicia from the Website without the prior written authorization of Havertys or the owner of such intellectual property.

Changes to Terms

These Terms and Conditions may be changed, modified, supplemented or updated by Havertys from time to time without advance notice by posting here, and you will be bound by any such changed, modified, supplemented or updated Terms and Conditions if you continue to use our Website after such changes are posted. Unless otherwise indicated, any new content, Products and services added to our Website will also be subject to these Terms and Conditions effective upon the date of any such addition. You are encouraged to review these Terms and Conditions periodically for updates and changes.

Restrictions and Disclaimer Concerning Site Content

Havertys does not assume any responsibility to review any communications and Submitted Content and is not in any manner responsible for the content of these communications and Submitted Content. You acknowledge that by providing You with the ability to view and distribute Submitted Content on the Site, Havertys is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any such Submitted Content or activities on the Site. However, Havertys reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Havertys in its sole discretion.

Indemnification and Other Remedies

You agree to indemnify, defend, and hold harmless Havertys, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Havertys may link to sites operated by third parties. However, even if the third party is affiliated with Havertys, Havertys has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Havertys. These linked sites are only for your convenience, and therefore you access them at your own risk. You acknowledge and agree that Havertys is not responsible for and is not liable for the content, products, services, or other materials on or available from such websites. Havertys accepts no liability for any information, products, advertisements, content, or services accessible through these third party websites or for any action you may take as a result of linking to any such website. Havertys shall not be responsible or liable, directly, or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services, or other materials available on or through any such website.

Nonetheless, Havertys seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).

Notice and Consent to Electronic Communications

Havertys may deliver notices to you concerning your activities on this Site by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Havertys. When you visit our Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Conditions.

Contact Havertys

If you have any questions or concerns about these Terms and Conditions, the Privacy Policy, or other Havertys policies relating to use of the Website, please contact Havertys via the messaging function in the following webpage (http://www.havertys.com/furniture/contact-us) or send a letter to:

Haverty Furniture Companies, Inc.
780 Johnson Ferry Road, NE
Suite 800
Atlanta, Georgia 30342
USA

Export Controls

You acknowledge that the items purchased from Havertys (the "Items") are subject to United States export controls, pursuant to the U.S. Export Administration Regulations ("EAR") as administered by the U.S. Department of Commerce, Bureau of Industry and Security ("BIS"), and to various economic sanctions regulations as administered by the U.S. Department of Treasury, Office of Foreign Assets Control ("OFAC") (collectively, the “Export Control Laws”). You expressly agree that you will comply with Export Control Laws, including but not limited to obtaining any necessary authorizations or licenses prior to sending, shipping, or otherwise transporting the Items. You agree to defend, indemnify, and hold harmless Havertys and its employees from any deviation or violation of U.S. law.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND HAVERTYS HAVE AGAINST EACH OTHER ARE RESOLVED.

Governing Law. You agree that, except to the extent inconsistent with the Federal Arbitration Act (“FAA”) or preempted by federal law, these Terms and Conditions shall be governed by the laws of the State of Georgia, U.S.A., without regard to principles of conflict of laws, and not by the U.N. Convention on Contracts for the International Sale of Goods.

Time Limitation. Any cause of action or claim you may have with respect to these Terms and Conditions, the Website, any transaction for Havertys products or services, or any other aspect of your relationship with Havertys must be commenced within one year after the claim or cause of action arises.

Class Action Waiver. YOU AND HAVERTYS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND HAVERTYS AGREE OTHERWISE IN A SEPARATE WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER HAVERTYS USERS OR CUSTOMERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S PROHIBITIONS ON CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS OR PROCEEDINGS AS TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT, SUBJECT TO RIGHT TO APPEAL THE COURT’S DECISIONS, AFTER ALL OTHER CLAIMS HAVE BEEN ARBITRATED.

Agreement to Arbitrate. Except as set forth below, all claims and disputes either arising out of or relating in any way to these Terms and Conditions, the Website, the transactions for Havertys products or services, or any aspect of the relationship between Havertys and you are to be settled by final and binding arbitration. The FAA governs the interpretation and enforcement of this agreement to arbitrate. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should also apply these Terms and Conditions as a court would. All issues are for the arbitrator to decide, except that issues relating to the interpretation or enforceability of the Class Action Waiver paragraph above will be resolved by a court of competent jurisdiction. Other than issues related to the Class Action Waiver paragraph above, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of these Terms and Conditions including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms and Conditions is void or voidable.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this agreement to arbitrate. The AAA’s Supplementary Rules for Class Arbitrations will not apply. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

A party who intends to seek arbitration must first notify the other in writing of its intent to file for arbitration. A notice to Havertys should be sent to the Havertys address above, Attn: General Counsel. Havertys will send any notice to you to the physical address or email address we have on file associated with your Account. If you and Havertys are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or Havertys may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Havertys at the address specified above, Attn: General Counsel. Any settlement offer made by you or Havertys shall not be disclosed to the arbitrator.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Havertys may elect to have the arbitration conducted by telephone or based solely on written submissions, subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you and/or Havertys may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any decision or award as a result of any such arbitration proceeding shall be in writing.

Sole Exception to Arbitration. In lieu of arbitration, either you or Havertys can bring an individual claim in small claims court consistent with any applicable rules that may apply.

Costs of Arbitration. Havertys is committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA’s rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

Severability. With the exception of any of the provisions in the Class Action Waiver paragraph above, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate will still apply.

Miscellaneous

These Terms and Conditions constitute the entire agreement between you and Havertys with respect to your use of the Website and supersede any and all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to this Website, including prior versions of these Terms and Conditions and the associated Privacy Policy. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Neither these Terms and Conditions nor any content, materials, features, products and/or services of our Website create any partnership, joint venture, employment, or other agency relationship between us. Havertys does not sell or deliver products to California and does not otherwise do business in the State of California. Any failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. If any part of these Terms and Conditions, or the referenced Privacy Policy, is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions, or the referenced Privacy Policy, shall continue in effect.

These Terms and Conditions of Use were last modified on September 28, 2021.

© 2021 Haverty Furniture Companies, Inc. ALL RIGHTS RESERVED.


TEXT DELIVERY NOTICE TERMS AND CONDITIONS

 

Havertys provides this Havertys Mobile Messaging Service (“Service”) for its customers. The Service is utilized to provide information to customers about upcoming delivery of their furniture purchases.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE HAVERTYS MOBILE MESSAGING SERVICE. Your use of the Service constitutes your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Service. These Terms and Conditions, or any part of them, may be modified or canceled by Havertys without notice at any time, for any reason.

You understand that you must be 18 years old to utilize the Service. You agree to provide us with a valid mobile number. You agree that we may send you text messages through your wireless provider. We do not charge for the Service, Message and data rates may apply. Any charges are billed by your wireless bill or deducted from your prepaid account. YOU ARE RESPONSIBLE FOR ALL CHARGES AND FEES ASSOCIATED WITH TEXT MESSAGING IMPOSED BY YOUR WIRELESS SERVICE PROVIDER. You will receive up to 4 messages per delivery.

Notify us immediately of any changes to your mobile number. In case of unauthorized access to the phone associated with your mobile number, you agree to notify us promptly. You can cancel the Service at any time by replying STOP to any message. In the event you have lost your phone, you may cancel the Service by either going to our website and updating your profile to remove the Service from your account or by calling 1 888 HAVERTY and having a customer service representative remove the Service from your account. You may also reply to any message with the word HELP for more information and help. This program is available on AT&T, Alltel, Sprint, T-Mobile, US Cellular, Verizon Wireless, and Virgin Mobile. Product is not compatible with all cell phone models.

All trademarks, service marks and trade names of Havertys used in the Service are trademarks or registered trademarks of Havertys.

You agree to indemnify, defend, and hold harmless Havertys, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs of any kind (including reasonable attorneys’ fees), resulting from your violation of these Terms and Conditions, any activity related to your use of the Service, or from you providing us with a mobile number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of, any information sent through the Service; any errors in such information; any action you may or may not take in reliance on the information or Service; or any disclosure of information to third parties resulting from your use of the Service. WE WILL NOT BE LIABLE TO YOU IN ANY EVENT FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

Your use of the Service shall be governed in all respects by the law of the State of Georgia, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Service shall be in the state or federal courts located in Fulton County, Georgia. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions.