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 THAT INCLUDES A CLASS ACTION WAIVER, WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY OR ANY OTHER COURT PROCEEDING, OR CLASS OR COLLECTIVE ACTION OF ANY KIND. THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
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 up to 7 Days of free storage. A storage fee of $10 per day after the free storage period 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, from which Floor & Decor may collect certain information such as name or state issuing the I.D. in order to verify the person’s identity and prevent fraud.
Floor & Decor stores operate as a working warehouse. It is important for all person(s) to adhere to safety signage and instructions in store, including those related to supervision of children, avoiding blocked off areas and maintaining social distancing during the COVID-19 pandemic. While Floor & Decor signage and precautions reflect guidance from the Centers for Disease Control (CDC) and other authorities, it is of course impossible to guarantee complete protection from COVID-19.
Online Purchases: 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, from which Floor & Decor may collect certain information such as name or state issuing the I.D. in order to verify the person’s identity and prevent fraud.
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 or its service providers, including by prerecorded call, E-mail, automatic telephone dialing system, or text message, at the contact information provided to and/or on file with Floor & Decor regarding the status, pickup or delivery of their order. Customers agree that any such communications are informational only.
"I'M HERE" CURBSIDE PICKUP SMS PROGRAM TERMS
- Once you check-in or text us, we will send you messages pertaining to picking up or status of your Floor & Decor order.
- We only send SMS messages in response when you send us an SMS message. You can cancel the SMS service at any time sending the SMS message "STOP" to us and ceasing to send us messages. If applicable, we may send you an SMS message to confirm that you have been unsubscribed. If you want to join again, just message us to sign up as you did the first time and we will start sending SMS messages to you again.
- If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at CustomerCareManagement@flooranddecor.com
- Floor & Decor and Carriers are not liable for delayed or undelivered messages.
- Message and data rates may apply for any messages sent to you from us and to us from you. You may receive multiple messages depending on the status of your order or what you send to us, however most customers will receive one message with a link to check in curbside for pickup of their order. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
INFORMAL DISPUTE RESOLUTION
Either party asserting a Dispute (as defined below) shall first try to negotiate 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 60 business days from receipt in which to respond. The notice is required to include your name and contact information (including address, telephone number, and email address). It is also required to include sufficient for the Floor & Decor Parties (as defined below) to identify any transaction at issue and. a detailed description of (1) your Dispute, (2) the nature and basis of claim(s), and (3) the nature and basis of the relief sought. You must personally sign the notice. During this informal process, should the Floor & Decor Parties request an individualized telephonic conference to further the parties’ efforts to resolve the Dispute, you agree to personally participate along with your counsel if you are represented.
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 the Floor & Decor Parties agree that this informal dispute resolution procedure is a condition precedent that must be satisfied before initiating any formal dispute resolution proceeding. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this mandatory informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, either party may elect to have this issue decided by a court and any formal dispute resolution proceeding shall be stayed pending resolution of the issue.
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, including its parents, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns (collectively, the “Floor & Decor Parties”), arising out of, relating to or concerning this Agreement, any aspect of your customer relationship with Floor & Decor Parties, any product purchase, pick up, or delivery from Floor & Decor Parties, any related communications between you and Floor & Decor Parties, or your participation in any program or service provided by the Floor & Decor Parties (“Dispute”), shall be resolved through binding individual arbitration unless you are expressly permitted to resolve your legal dispute or claim outside of arbitration pursuant to this Arbitration Agreement. Dispute includes any dispute, action, claim, or other controversy between you and the Floor & Decor Parties, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute also includes all legal disputes or claims that arose before the existence of these Terms & Conditions (including, but not limited to advertising claims) and legal disputes or claims that arise after the termination of these Terms & Conditions. The term “Dispute” will be given the broadest possible meaning allowable under law.
All arbitration proceedings between you and the Floor & Decor Parties will be administered by the American Arbitration Association (“AAA”) and shall be governed by the applicable rules of the AAA then in effect (the “Rules”) as modified by this Arbitration Agreement. If AAA is unable or otherwise unavailable to administer an arbitration consistent with the terms of this Arbitration Agreement, then the parties shall attempt to agree on an alternative administrator. If the parties cannot reach an agreement on an alternative administrator, one shall be selected by a court, which shall administer the arbitration consistent with the terms of this Arbitration Agreement. You or the Floor & Decor Parties may commence arbitration against the other by delivering a demand for arbitration (“Demand”) that is personally verified by you and describes in detail the nature and basis of your claim(s) and request for relief. The Demand shall be sent by first class or registered mail to (1) Floor & Decor at 2500 Windy Ridge Parkway SE, Atlanta, GA 30339, Attn: Legal Department, or (2) you at the postal address on file with Floor & Decor. In your Demand, you shall personally certify to AAA and to Floor & Decor that you are a party to this Arbitration Agreement and provide a copy or link to it when submitting your Demand. You shall also personally certify that you have fully complied with the Informal Dispute Resolution process detailed above. You agree that you shall personally participate, along with your counsel if represented, in an individualized administrative telephonic conference with AAA prior to the appointment of an arbitrator if requested by the Floor & Decor Parties.
The arbitration will be conducted before a sole neutral arbitrator selected by agreement between you and the Floor & Decor Parties, who shall be located where the arbitration shall take place. If you and Floor & Decor cannot agree on the appointment of a single arbitrator, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted at a location reasonably convenient to you.
The parties agree that the arbitrator may award relief (including declaratory or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding. The award of the arbitrator will be the exclusive remedy of you and the Floor & Decor Parties for all claims, counterclaims, issues or accountings presented or pleaded to the arbitrator. The award of the arbitrator may require payment of the costs, fees and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. The provisions of Federal Rule of Civil Procedure 68 shall be applied by the arbitrator. The arbitrator shall be bound by these Terms & Conditions as any court would. The arbitrator shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based. The arbitration award shall be binding only as to the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party provided that the arbitrator may consider rulings in other arbitrations involving different individuals.
Judgment upon the award may be entered in a state court presiding over Atlanta, Georgia or, if subject matter jurisdictional requirements can be satisfied, the United States District Court for the Northern District of Georgia, and you irrevocably submit to the jurisdiction and venue of any such courts in any action or proceeding brought to enforce a judgment. Any additional costs, fees or expense incurred in enforcing the award may be charged against the party that resists its enforcement.
YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL, TO SUE OR TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS, INCLUDING ANY CLASS-ACTION SUIT. THE PARTIES AGREE THAT THE ARBITRATION SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL AND NOT A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. A DISPUTE MAY NOT BE CONSOLIDATED WITH THE CLAIMS OF ANY OTHER PERSON OR ENTITY. THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THE ARBITRATION AGREEMENT AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF THEN NEITHER PARTY IS ENTITLED TO ARBITRATE SUCH CLAIM OR REQUEST FOR RELIEF. IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (INCLUDING PUBLIC INJUNCTIVE RELIEF) AND ANY APPEALS OF THAT DECISION HAVE BEEN EXHAUSTED OR THE DECISION IS OTHERWISE FINAL THEN THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT, BUT SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.
Notwithstanding the foregoing waiver, either you or the Floor & Decor Parties may elect to have your individual claim heard in small claims court, which shall seek only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This election may be made at any time prior to the appointment of an arbitrator, assuming it is consistent with the jurisdictional and dollar limits that may apply.
If your Dispute is asserted or noticed along with 30 or more similar claims or disputes by the same or coordinated counsel or is otherwise coordinated, you understand and agree that the adjudication of your Dispute might be delayed. Specifically, you understand and agree to the following coordinated bellwether process: Counsel for the claimants and counsel for the Floor & Decor Parties shall each select 15 Demands to proceed first in arbitration in a bellwether process. The remaining Demands shall not be filed or deemed filed in arbitration and no intake shall be processed and no filing or other arbitration fees shall become due and owing for those Demands until they are selected for a bellwether process. If the parties are unable to resolve the remaining Demands after the conclusion of the initial 30 proceedings, then each side shall select another 15 Demands to proceed to arbitration for a second bellwether process. This process shall continue until all of the Demands are adjudicated or otherwise resolved. Only one case may be assigned to each arbitrator as part of this process unless the parties mutually agree otherwise. The statute of limitations shall be tolled for Demands that are coordinated as part of this process until the time the Demands are selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing of arbitration demands against the Floor & Decor Parties.
Except as specifically 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. Except as specifically set forth above, 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 lawsuit waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of such waiver. The Informal Dispute Resolution provision and this Arbitration Agreement shall survive any termination of these Terms & Conditions and your relationship with Floor & Decor.
GOVERNING LAW, JURISDICTION AND OTHER TERMS
The 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 the Arbitration Agreement, and with regard to any interpretations of this agreement or any permitted non-arbitrated disputes or claims under this agreement, the law of the State of Georgia will govern without regard to principles of choice or conflicts of law. You agree that any permitted non-arbitrated disputes or claims between you and Floor & Decor arising from or related to the Site or this agreement shall exclusively be resolved in a state court presiding over Atlanta, Georgia or, if the subject matter jurisdictional requirements can be satisfied, in the United States District Court for the Northern District of Georgia, and you irrevocably consent and submit to the personal jurisdiction and venue of such state and federal courts for any such dispute or claim. You waive any right that you may have to object to the personal jurisdiction or venue of such state and federal courts.Effective Date: January 27, 2022