Low-Price Clearance
Kim's

(812) 490-6595

7844 State Hwy 66, Newburgh, IN 47630

Terms and policies

 

General Terms and Conditions - Kim’s

 

1. ACCEPTANCE OF TERMS

These terms and conditions of use (the “Terms and Conditions”) apply to the website located at //www.kims-furniture.com/ and/or its mobile applications. The Site is maintained by or on behalf of Kim’s. Your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE.

The Company reserves the right to modify these Terms and Conditions at any time by posting revised Terms and Conditions on the Site without prior notice. You should visit this page from time to time to review the then current Terms and Conditions. Your continued use of this Site following any such modification will signify your unconditional acceptance of the Terms and Conditions, as modified.

2. ACCURACY OF INFORMATION

The Company uses its commercially reasonable efforts to ensure that the information appearing on the pages of the Site are up-to-date and complete and contain no inaccuracies or errors. Despite all our efforts, some errors may occur and the Company will do everything possible to ensure these errors are corrected as soon as reasonably possible. The Company and its affiliates, directors, employees, officers, shareholders, agents, website designer and website provider (collectively the “Associates”) make no representation as to the completeness, accuracy or correctness of any information on the Site.  

3. INTELLECTUAL PROPERTY

All trademarks, trade dress, patents, copyrights and other intellectual property rights and materials, including images, text, illustrations, logos, designs, photographs, names, trade names, icons, programs, software and other materials that are part of this Site (collectively the “Content”), including but not limited to the arrangement, compilation, design and structure of such Content is subject to and protected by trademark, copyright and patent laws and is owned, controlled, licensed or, where required, used with permission by the Company.

The Company and its suppliers and licensors expressly reserve all intellectual property rights in all content, products, processes, technology and other materials that appear on the Site. Access to the Site does not confer upon anyone any license under any of the Company’s and third party’s intellectual property rights, except to the extent required to access and make personal use of the Site.

Certain trademarks, trade names and logos used or displayed on the Site are registered and unregistered trademarks or trade names of the Company or of its affiliates. Other trademarks, trade names and logos are registered and unregistered trademarks and trade name of their respective owners. No trademark or trade name license is granted in connection with the material contained on the Site.  

You may download copy and print selected portions of the Content and other downloadable materials displayed on this Site for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Site or in the Content. Except as noted above, you are not authorized to use, reproduce, print, store, re-edit, change, download, sell or otherwise copy the Content or any other element of the Site, whether in whole or in part, for any other reason or for purposes of publication, dissemination or sale, on any medium or any format whatsoever. Be advised that the Company will fully enforce its intellectual property rights.

4. DISCLAIMER

THE FOLLOWING EXCLUSIONS OR LIMITATIONS DO NOT APPLY TO THE JURISDICTIONS WHERE THEY ARE PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

YOU ACKNOWLEDGE, BY USING THE SITE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER THE COMPANY NOR ITS ASSOCIATES CAN ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY AND ITS ASSOCIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, ACCESSIBILITY, MERCHANTABILITY, PERFORMANCE, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY AND ITS ASSOCIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SITE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  

5. LIMITATION OF LIABILITY

THE FOLLOWING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE JURISDICTION WHERE THEY ARE PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR OTHER THEORY, WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL, IN TORT, STRICT LIABILITY OR OTHERWISE, SHALL THE COMPANY OR ANY OF ITS ASSOCIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM OR RELATING TO THE SITE OR THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, BUSINESS, PROFIT, SAVINGS, INCOME, USE, PRODUCTION, REPUTATION OR GOODWILL, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY THE COMPANY OR ANY PERSON FOR WHOM THE COMPANY IS RESPONSIBLE, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

6. INDEMNITY

You agree to indemnify and hold the Company and its Associates harmless form any loss, liability, claims or expenses made against the Company or against any of its Associates and arising out of or in connection with your use of the Site.

7. OTHER SITES

This Site may contain links or references to other websites operated by other persons (the “Other Sites”). The Company is not responsible for and does not endorse the content of such Other Sites. Your use of the Other Sites is at your own risk and you will not make any claim against the Company or its Associates arising from, connected with or relating to your use of the Other Sites.

Creating or maintaining any link from Other Sites to any page on this Site without the Company’s prior written permission is prohibited.

8. DATA INTEGRITY

You represent that all of the information, data and other materials you provide on this Site or to the Company through any other means are true, accurate, current and complete. You are responsible for correcting and updating the information you have provided on this Site, as appropriate.

9. CONTENT YOU SUBMIT

You acknowledge that you are responsible for any content you submit through the Site, including the legality, reliability and copyright of any such content. Without limiting the generality of the foregoing, you may not upload or otherwise publish to the Site any content that (i) may contain software viruses or malware, (ii) is confidential, proprietary, invasive of privacy, infringing on intellectual property, unlawful, harmful, false, fraudulent, threatening, defamatory, obscene, harassing, hateful, abusive or otherwise objectionable, including but not limited to any content that encourages conduct that would constitute a criminal offense or otherwise violate any applicable laws.

You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself. You hereby represent, warrant and covenant that any content you provide does not include anything to which you do not have the full right to grant such a licence to the Company.

10. SECURITY

The Company is not responsible for any activities that occur under your account and password. The maintaining of the confidentiality of your account and password and the restricting of the access to your computer is your responsibility. You may use this Site only for lawful purposes.

You are responsible for obtaining access to the Site and that access may involve third-party fees. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you shall terminate the permission or license granted to you by the Company.

11. TERMINATION OF USE

The Company may, in its sole discretion, terminate your account or use of the Site at any time and without prior notice to you. To the extent this Site is a Transactional site, you are personally liable to the Company for any orders that you place or charges that you incur prior to such termination. The Company also reserves the right to change, suspend or permanently remove all or any content of the Site without prior notice.

12. GOVERNING LAW; DISPUTE RESOLUTION

The Terms and Conditions, your use of this Site and all related matters are governed solely by the laws of the state of Indiana and applicable federals laws of United States of America.

Any dispute between you and the Company or you and any other person arising from, connected with or relating to this Site, these Terms and Conditions or any related matters must be resolved before the Courts of Indiana and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

13. MISCELLANEOUS

The non-enforcement of any provision hereof does not constitute a waiver of any right to enforce that provision in the future. These terms and conditions shall inure to the benefit of and be binding upon yourself, the Company and your respective successors and assigns.

If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you and we ask you not to use the Site.

Except as otherwise expressly provided in these Terms and Conditions, there should be no third-party beneficiary to these Terms and Conditions.

You may not assign the Terms and Conditions, in whole or in part, without the prior written consent of the Company, which may be withheld at the Company’s sole discretion. The Company may assign the Terms and Conditions, in whole or in part, to any third-party in its sole discretion.

These Terms and Conditions constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals between the parties with respect to such subject matter.

14. CONTACT

If you have any questions or comments about these Terms and Conditions or the Site, please contact us by email at: [email protected]

 

Getting Your Order

Free In-Store Pickup

Kim’s offers pickup during normal business hours (Mon-Sat 10AM-5PM, Thurs 10AM-7PM, Closed Sunday). *Store hours may change during special events and holidays.

Prime In-Home Delivery

We deliver to surrounding areas Monday-Friday weekly. Starting at only $75 for deliveries, our friendly and experienced delivery team will bring your order to you!

Delivery Pricing, Maps & Schedules

Kim’s delivers to the Tri-State area; pricing varies by product.

Pricing

Kim’s offers low, flat-rate pricing. Whether you buy 1 item or furnish your entire home, you pay the same low price!

Each region is separated into DELIVERY ZONES, each with designated pricing:

Zone A

$75

Zone B

$100

Zone C

$125

Delivery Zone Map:

Give us a call (812) 490-6595 and we'll let you know what zone you are in!

Rescheduling or Cancelling Deliveries

Delivery trucks are loaded the day before your delivery. Please understand that deliveries are not scheduled until the product arrives in-store and that delivery windows can range from 8:00 a.m. until 5:00 p.m. local time.

To avoid fees, please call our delivery service during business hours at (812) 490-6595 to reschedule or cancel your delivery service the day before your delivery. If we cannot answer, leave us a message with your name, description of your order, contact information, and let us know that you need to reschedule or cancel your delivery.

Deliveries canceled the day of a customer’s delivery date are subject to a $29 fee. Delivery fees will NOT be refunded.

Delivery Expectations

Pre-Call: You will receive a phone call when your piece arrives in-store to schedule delivery. Please answer the phone call or allow a voice mail message, so we can bring your order to your home when possible.

Courtesy Call: You will be called with an updated time of arrival if the driver is early or late. Someone 18 years or older must be present during the delivery.

Assemble Furniture

•  Services We Will Provide

·      Attach legs to sectionals, sofas, loveseats, and chairs

·      Assemble dining tables, including tables with storage, patio tables, or dining/patio chairs

·      Assemble coffee, sofa, and end tables

·      Assemble beds, including platform, storage, day/trundle beds, or bunk beds, bed frames, and adjustable bases

·      Attach mirrors to dressers and hutches to buffets

·      Take away pre-approved furniture items for consignment

•  Services We Will Not Provide

·      Try a delivery that will damage your home

·      Hang pictures and mirrors on walls

·      Move furniture from one level to another

·      Take away non-approved furniture items for consignment

•  Service Fees

·      We deliver Monday-Friday weekly between the hours of 8 a.m. and 5 p.m.

·      We deliver to surrounding areas only

•  Additional Service Fees

·      Arduous deliveries that are above the building's second floor and cannot be accomplished with 2 people): $80/hour with a minimum charge of 1 hour

·      Re-delivery (an order is placed on the truck and then requested to be re-delivered): Standard delivery fees will apply

·      Refusal of delivery: No refund of delivery fee + 20% restocking fee

·      Pick up Fee (order delivered, refund requested within 7 days): Standard delivery fee + 20% restocking fee

Deliveries outside current delivery zones: By quote only

Prepare for New Furniture

Please measure! To avoid restocking fees and additional charges, ensure your order will fit. Measure all entryways and doorways where your furniture will pass including the space you intend to put your furniture. Do not hesitate to contact us during business hours at (812) 490-6595 if you need assistance.

If you are getting your furniture delivered, please clear space for your new items. Please have the area for the piece cleared out and ready. Our delivery team will not be responsible for moving the items you are replacing to another location.

Returns & Exchanges

Kim’s Family wants you to love your furniture. If something's not right, let us know within 7 days of your pick up or delivery and we will do our best to accommodate your needs; restocking and re-delivery fees may apply. Please review KIM’S RETURN POLICY before you purchase.

Kim’s Return Policy

Kim’s has a limited return policy. A product, whether purchased through our website or in-store, must be returned to our physical store for processing. APPROVED EXCHANGES AND RETURNS ARE SUBJECT TO REDELIVERY AND/OR RESTOCKING FEES.

Product Returns

If you would like to return your delivered order within 7 days of purchase, please call our team at (812) 490-6595. You may either return the product to our store during normal business hours or schedule a pickup with normal delivery fees.

Products Our Return Policy Covers

KIM’S WILL APPROVE A NEW PRODUCT RETURN WITHIN 7 DAYS OF CUSTOMER POSSESSION IF PRODUCT IS IN THE SAME CONDITION FROM PURCHASE. All returns are subject to a 20% restocking fee.

Merchandise Exclusion

Products that CANNOT be returned:

•      Accessories such as lamps, wall art, vases, other small pieces, etc.

•      Bedding Accessories specifically power bases, sheets, mattress protectors, bed frames, and pillows

•      Clearance products

•      Products that come in flat boxes and are ready to assemble.

•      Merchandise damaged by customer’s misuse

•      Merchandise determined ineligible by Kim’s

Exclusions apply. Contact our team at (812) 490-6595 or [email protected] for details.

Products with Damage

Products with defective damage will be serviced or exchanged at no charge if a claim is initiated within 7 DAYS after the customer’s possession. If the product cannot be repaired or exchanged, the customer may select a replacement product (and pay or receive a refund for price differences) or receive a full refund.