Terms and Conditions

These Terms and Conditions govern all purchases made at Ashley locations owned and operated by Broad River Retail, LLC.   As used in these Terms and Conditions, “we, “us”, or “our” refers to Broad River Retail, LLC.  By making a purchase or using the services at any of our locations, you agree to be bound by these terms and conditions.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.  THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE, REQUIRING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY COURT PROCEEDINGS OR CLASS (OR SIMILAR) ACTIONS OF ANY KIND.

Order Changes, Cancellations and Returns

        • Changing your selected delivery date is free if you do it at least 2 days before. Otherwise, there is a $79 fee.
        • Once you accept your delivery, there are no returns or refunds. Any claims made after delivery will be eligible for Master Craftsman service only.
        • If you are not at home, or if someone 18+ years old is not available to receive the delivery, a $79 rescheduling fee will apply.
        • For pick-ups, concealed damage or defects must be reported within 1 day of receipt. Claims may be reported to our Customer Experience department: 803-228-4848.
        • A $99 fee will apply for eligible 90 Night Comfort Guarantee claims. Non-eligible mattresses are marked on your receipt and additional details are found below.
        • You have 3 days to change or cancel your order without a fee, as long as you haven’t received the product yet.
        • Delivery fees, mattresses, sleep-related products, rugs, accessories, and showroom merchandise are not eligible for refunds/returns.

Ashley Delivery

        • Because the estimated delivery date on your receipt is assigned based on product and manufacturing information available to us at the time of your purchase, it is subject to change based on availability from the manufacturer. 
        • We are unable to accommodate requests for delivery during a specific time of the day.
        • Ashley delivery service excludes assembly and set-up of heaters, fire pits, fire bowls, umbrellas, and swings.
        • Ashley is not responsible for moving or hauling away existing furniture at the delivery address.
        • A responsible adult (18 years or older) must be present to accept and sign for your delivery.
        • Merchandise will not be left at the delivery address if unattended or if a signature cannot be obtained.
        • If a responsible adult is not present to accept delivery during the scheduled date and time window, a rescheduling fee will apply.
        • We reserve the right to refuse delivery in the event of health or safety risks to our employees or other products.
        • We reserve the right to refuse a mattress haul away in the event of health or safety risks to our employees or other products.
        • Mattress haul away program excludes adjustable bases.

Ashley Pick-Up

        • Because the estimated delivery date on your receipt is assigned based on product and manufacturing information available to us at the time of your purchase, it is subject to change based on availability from the manufacturer.
        • Available pick-up days and times vary by location. Please refer to the abbreviated terms provided during your purchase for specific details.
        • Assembly is not included with Ashley’s pick-up service.
        • Ashley is pleased to assist you with loading your merchandise, however, it is your responsibility to ensure your merchandise is properly secured for transit. You are required to supply your own packing and protective materials such as tie-downs, blankets, or other coverings.
        • Ashley is not responsible for any damage to merchandise or vehicle once it is loaded for transport.
        • For any merchandise purchased directly from a showroom floor, you are required to supply your own packing, protective materials, tie-downs, and labor. Showroom associates are unable to assist with the loading process.
        • For the following showroom items, all sales are final once the product has been received: mattresses, foundations, adjustable bases, bunkie boards, metal rails, pillows, bed linens, mattress protectors, rugs, accessories showroom merchandise, floor samples, and clearance items.

Warranty

        • All Ashley furniture has a limited manufacturer’s warranty which is null and void if the furniture is moved from the original address on the account.
        • In the unlikely event of a manufacturing defect, a furniture technician will evaluate and/or restore merchandise to showroom condition. Please refer to the warranty information included with your merchandise for more details.
        • Limited manufacturer’s warranties are also applicable for all mattresses, foundations, and adjustable bases. Please refer to the warranty information included with your merchandise or visit the applicable manufacturer’s website for more details.
        • The manufacturer’s limited warranties are non-transferable.
        • Showroom merchandise and clearance items are sold “as is” and are not covered by manufacturer’s limited warranties.
        • Limited warranties do not apply to rented, business, commercial, institutional, or other non-residential uses.

Sleep Comfort Guarantee

        • Only select mattresses are eligible for the Sleep/Comfort guarantee program (refer to your sales receipt for qualification).
        • If this program applies, and other qualifications are met, only one exchange is allowed per customer.
        • Power bases, foundations, and sleep accessories are not included in this program and cannot be returned or exchanged.
        • Floor samples and clearance mattresses are not eligible for the comfort guarantee programs.
        • Before exercising this program, you are required to keep the mattress at least 30 nights, but no more than 90 nights.
        • If qualifications are met, you may select another mattress at equal or greater value. Any difference in price must be paid by the customer prior to the exchange. If a lower price mattress is selected, the difference will be forfeited and cannot be applied to other items or purchases.
        • Comfort guarantee claims must be submitted through our Customer Care department. Claims cannot be created by store personnel.
        • To qualify, a mattress protector must be purchased with each mattress.
        • To qualify, the mattress must be free of stains and the law tag must be attached.
        • A photo of the mattress will be required when processing all claims.
        • A comfort guarantee fee of $99 will be assessed with all approved claims.
        • All mattresses that do not qualify for the comfort guarantee are not returnable.

Refunds

        • Please allow up to ten (10) business days for processing refunds.
        • Cash, check, and/or debit card purchases will be returned by check mailed to the address on file.
        • Credit card, AR credit, and/or consuming financing purchases will be credited back to the original purchase account.

Dispute Resolution

        • AGREEMENT TO ARBITRATE. YOU AND BROAD RIVER RETAIL, LLC AGREE THAT IN THE EVENT OF ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH YOUR PURCHASE, OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THESE TERMS AND CONDITIONS (COLLECTIVELY, “CLAIM”), SUCH CLAIM WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION.  YOU AND BROAD RIVER RETAIL BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. YOU ACKNOWLEDGE AND AGREE THAT EACH PARTY SHALL PAY THE FEES AND COSTS OF ITS OWN ATTORNEYS, EXPERTS, AND WITNESSES INCURRED IN CONNECTION WITH ANY ARBITRATION OR COURT PROCEEDING BETWEEN THE PARTIES NOTWITHSTANDING ANY PREVAILING PARTIES ATTORNEYS’ FEES PROVISION THAT MAY BE PART OF ANY STATUTE UNDER WHICH YOU MAY BRING A CLAIM. 
        • If you intend to bring any Claim, you must first send written notice (“Notice”) to Broad River Attn: Customer Experience Department by first class or certified mail to Broad River, 2901 Lakemont Blvd., Fort Mill, South Carolina 29708.  If Broad River intends to seek arbitration, Broad River will send Notice to the mailing or billing address associated with your account. The Notice must describe the nature and basis of the Claim and the specific relief sought, all of which in sufficient detail to permit the other party to evaluate the Claim. If the parties cannot reach an agreement within sixty (60) days from the receipt of the Notice, either party may initiate arbitration proceedings. 
        • Regardless of any conflict or choice of law analysis, North Carolina substantive law governs these Terms and Conditions.

Class Action Waiver

YOU UNDERSTAND AND AGREE THAT THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE, CLAIM, OR CAUSE OF ACTION ARISING OUT OF OR CONNECTED WITH THE WEBSITES, APP AND/OR THESE TERMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER BROAD RIVER CUSTOMERS, OR OTHER PERSONS; (2) THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM; AND (3) THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY, NOR MAY THE ARBITRATOR CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THE DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION AGREEMENT SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.

Disclaimer of Warranties

ALL PRODUCTS SOLD TO AND/OR SERVICES DELIVERED YOU BY BROAD RIVER OR ANY OF ITS AFFILIATES, AGENTS OR REPRESENTATIVES ARE PROVIDED ON AN “AS IS” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BROAD RIVER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS SOLD TO YOU OR SERVICES PROVIDED TO YOU, UNLESS OTHERWISE SPECIFIED IN WRITING. IN ADDITION (AND WITHOUT LIMITING THE LIMITATIONS IN THE SECTION TITLED “LIMITATION OF LIABILITY”) BROAD RIVER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY PRODUCTS SOLD OR SERVICES DELIVERED TO YOU FOR ANY PURPOSE. BROAD RIVER SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PRODUCTS SOLD TO YOU MAY HAVE THE BENEFIT OF A MANUFACTURER’S WARRANTY PROVIDED BY THE PRODUCT MANUFACTURER. PLEASE SEE YOUR PRODUCT BOX AND LITERATURE FOR DETAILS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BROAD RIVER, IT’S AFFILIATES,  AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS SOLD TO YOU OR ANY SERVICES PROVIDED TO YOU BY BROAD RIVER OR ANY OF ITS AFFILIATES, AGENTS OR OTHER REPRESENTATIVES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT, EXEMPLARY OR OTHERWISE), WHETHER IN CONTRACT OR TORT, EVEN IF YOU HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

Contact

If you have any questions or comments about these Terms and Conditions, please contact us at: privacy@shopashley.com