FLOOR & DECOR STORAGE AND PICKUP TERMS AND CONDITIONS
PLEASE REVIEW THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY OR ANY OTHER COURT PROCEEDING, OR CLASS ACTION OF ANY KIND.
At Floor & Decor, we understand that your new hard surface flooring and decorative fixtures can literally weigh a ton or more. We also understand that the materials extreme weight may require several trips to safely transport everything to the installation location. Floor & Decor is pleased to offer 14 days of free storage from the date of purchase. A storage fee of $10 per day after the first 14 days will be applied to any order that has not been completely picked up. Any applicable storage fees must be paid in full before materials will be released.
In Store Purchases
Customers must present an original receipt at the time of pick up. Floor & Decor reserves the right to hold any merchandise until proper ownership can be established. To allow someone other than yourself to pick up merchandise, such as a contractor or delivery service, you must authorize Floor & Decor to release your merchandise by entering the pickup person’s information. Anyone not on this list, regardless of possession of original receipt, wishing to obtain your merchandise must first be validated (in person) by you, the customer. The person(s) authorized to pick up materials must have a government issued photo I.D. for verification.
Customers must provide 3 items of verification at the time of pick up. You must provide your online sales receipt, a picture ID, and the purchasing credit card you used to make your purchase online before we will release the product from one of our retail locations. For second party pick up, you will need to provide the same 3 items for verification and fill out the below section with the person or service that is picking up the order. The person(s) authorized to pick up materials must have a government issued photo ID for verification.
Loading and Securing of Merchandise
Customers electing to pick up merchandise from any Floor & Decor location are responsible for providing a safe and adequate vehicle for transportation and assume full responsibility for pick up and transportation of merchandise. As a courtesy to its customers, Floor & Decor will assist with the loading of purchased merchandise; however it is the customer’s responsibility to STOP the employee if he/she feels that the load is too heavy for the vehicle or is not otherwise safe. Floor & Decor reserves the right to refuse and/or cease loading service. The customer is SOLELY responsible for securing of merchandise and ensuring it is properly loaded and/or secured prior to leaving the premises. Floor and Decor is not responsible for damages occurring to vehicles while loading. If equipment or machinery is in use, the customer is required to stand at least ten feet away from the operation of any such equipment or machinery and to otherwise exercise diligence to protect themselves from harm. CUSTOMER ASSUMES FULL RESPONSIBILITY FOR LOADING AND/OR TRANSPORTATION OF MERCHANDISE AND RELEASES FLOOR & DECOR FROM ANY LIABILITY, DAMAGES OR CLAIMS ARISING OUT OF CUSTOMER'S PICK UP AND/OR TRANSPORTATION OF MERCHANDISE.
Product Accuracy Verification
MAKE SURE TO INSPECT ALL MERCHANDISE AT THE TIME OF PICK UP. It is the customer's responsibility to inspect and verify the type of merchandise purchased, quantity, model number, color, dye lots for porcelain and ceramic products, and to verify all labels on wood product to ensure accuracy prior to leaving the store. Any discrepancies between the customer’s inspection and the purchased merchandise as reflected upon the sales receipt must be determined prior to leaving the premises and a manager must be notified. By signing your receipt at the time of pickup, your signature will constitute your agreement that your order has been received in FULL and that it is ACCURATE. Once you have left the premises, no exceptions will be made.
Customers agree to be contacted by Floor & Decor, including by prerecorded call, automatic telephone dialing system, or text message, at the telephone number provided to and/or on file with Floor & Decor regarding the pickup or delivery of their order. Customers agree that any such communications are informational only.
Dispute Resolution and Arbitration Agreement (“Arbitration Agreement”) Scope of the Arbitration Agreement.
Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and Floor & Decor agree that any legal dispute or claim between you and Floor & Decor related to or arising from any product sold by Floor & Decor, any purchase, pick up, or delivery from Floor & Decor, any communications between you and Floor & Decor, or your participation in any other program or service provided by Floor & Decor, shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. However, either you or Floor & Decor may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Floor & Decor, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Informal Dispute Resolution.
Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to Floor & Decor at 2500 Windy Ridge Parkway, SE., Atlanta, GA 30339, Attn: Legal Department, or (2) to you at the postal address on file with Floor & Decor. Both you and Floor & Decor agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
Right to Opt Out of this Arbitration Agreement.
You may opt out of this Arbitration Agreement within the first 30 days after making a purchase from and/or participating in a program or service of Floor & Decor. You also may opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to Floor & Decor at email@example.com or by sending a letter to 2500 Windy Ridge Parkway, SE., Atlanta, GA 30339, Attn: Legal Department. You should include your printed name, mailing address, and the words “Reject Arbitration.”
How Arbitration Works.
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Floor & Decor agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in Cobb County, Georgia. Unless an applicable statute expressly permits awarding attorney's fees to the prevailing party, all administrative fees and expenses of arbitration will be divided equally between you and Floor & Decor. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
Waiver of Right to Bring Class Action and Representative Claims.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. YOU AND FLOOR & DECOR ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR THEIR RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND FLOOR & DECOR HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
Governing Law and Other Terms.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of Georgia will govern without regard to principles of choice or conflicts of law. Floor & Decor will provide notice of any material changes to this Arbitration Agreement. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.Effective Date: March 13, 2020