Terms and Conditions
(Revised August 15th, 2020)
We want to make sure you have a great experience and enjoy your furniture subscription with The Everset. There are some important parts of our subscription agreement that we wanted to point out to you. Sorry for the lengthy agreement below, but please take a moment to read it and let us know if you have any questions. Thanks!
These are the terms and conditions, (“Terms”), referred to in your furniture subscription agreement (“Agreement”) with GJ Living, Inc. dba The Everset (sometimes referred to as “we” or “us”) and are made part of the Agreement. These Terms are subject to the Terms of Service on our website at www.theeverset.com, which Terms of Service are incorporated herein.
- Title: The furniture you are renting from The Everset (“Furniture”) is The Everset’s property, and you have no ownership rights in the Furniture, except that you may keep all mattresses The mattress is yours to keep!. You may not (i) assign, transfer, pledge, or otherwise dispose of any of your rights under the Agreement or the Furniture, or (ii) sublet or lend the Furniture or permit it to be used by anyone other than you.
- Delivery; Inspection. We will deliver the Furniture to the location designated by you that is approved by us (”Location”). Delivery hours will be between 9:00 A.M. and 6:00 P.M., local time, to be scheduled at least two (2) weeks in advance, subject to any different requirements of the owner of the building to which the Furniture is being delivered. You must notify us no less than 48 hours in advance to change the delivery date. Any missed delivery or pick up appointments could result in a Missed Appointment fee of $50. We reserve the right to change the delivery date due to an unforeseen circumstance. If such a change occurs, you will be notified in advance. You are responsible for measuring the Location to ensure that the Furniture will be deliverable to the Location and will fit in the Location. You are responsible for directing the placement of the Furniture upon delivery if a specific location is desired. If an item of Furniture is not deliverable because it does not fit, you will be charged a $50 per item restocking fee. You will be responsible for inspecting the Furniture upon delivery to ensure that it is delivered in good condition. It is your sole responsibility to notify us of any damage to the Furniture. If you fail to notify us of damage to the Furniture within five (5) days of the delivery date, then you are conclusively deemed to have agreed that the Furniture was delivered in satisfactory condition. If Furniture is found to be damaged upon delivery to you, we will make every effort to (i) replace or repair the damaged Furniture at no additional cost to you, or (ii) discount in part or completely refund the subscription cost of the damaged Furniture. If you notify us of damage under this section, you will not bear any expense for repairing the damaged Furniture. If we have confirmed a delivery date or service/repair date requiring you to have a person present at the Location to accept delivery and no one is there to do so, you will be charged our then-current delivery fee.
There are NO delivery fees for the initial delivery or assembly of your Furniture within New York City. You read that right, no hidden fees or pickup fees when your term expires.
The Everset provides one free delivery and one free pickup to You (customer) within New York City. Any additional deliveries or pick ups are subject to a fee.
For deliveries and pick ups to customers in our existing delivery range outside of New York City, there will be a delivery fee and pick up fee that is dependent upon the number of items in the order and distance from our warehouse.
- Furniture Pickup; Pickup Fees; Swap-Outs. We require a minimum of two weeks’ advance notice to schedule a Furniture pickup upon the expiration or termination of your subscription. Except for early termination or cancellation of the Agreement by you or except for furniture swaps as described below, there are no fees for the pickup of your Furniture.
If you swap out Furniture before the end of your subscription term, you will be charged a delivery fee and a pickup fee, based on the number of pieces of Furniture being delivered and returned. If you swap out Furniture for new Furniture upon the expiration of your subscription, no pickup fee will be charged for the swapped Furniture.
- Furniture Care, Use and Location. The Everset expects you to live on and enjoy your Furniture. No fees will be charged for normal wear and tear. You, at your expense, are responsible for maintaining and keeping the Furniture in good condition and working order, and are responsible for paying us for damage beyond reasonable wear and tear, which includes damage due to cigarette smoke, misuse, abuse, heavy soiling, bodily fluids or sunlight, or staining or shrinkage of any fabric due to improper cleaning or bleach.
You agree to use the Furniture lawfully for your personal use only, and not for commercial use (including staging) without our prior consent. You will not repair or otherwise alter the Furniture without our prior written consent. You may not remove the Furniture from the Location, including removal to another Location within the building in which it is located, without our prior written consent. If you desire to remove the Furniture from the Location please contact us at firstname.lastname@example.org and we will assist you.
You, and not The Everset, are solely responsible for securing Furniture to walls and floors. You hereby waive any and all claims you may have against us for Furniture that is not properly secured and agree to indemnify and hold us harmless from any damage or injury caused by an item of Furniture after our initial delivery to the Location.
- Subscription Payments. You will be charged your Furniture subscription fee monthly. If such payments were authorized by credit card or other form of electronic payment, you are responsible for keeping that payment method current and in effect. If your account is deliquent you will be granted a seven (7) day grace period to allow you to remedy the declined payment situation. Following the seven (7) day grace period, if the account remains past due, it would be subject to a $20 late fee, where applicable. If the account remains past due beyond thirty (30) days, you will be subject to an additional late fee plus interest charges based on the missed subscription payments
The Everset reserves the right to cancel any account that remains past due beyond sixty (60) days up to and including sending the account to collections and repossessing the Furniture.
If you need to cancel your subscription, please reach out to our team and we will assist you. If an order is canceled prior to delivery, we will issue a full refund. If an order is canceled within the first 5 days after delivery, we will issue a full refund less a $250 pickup fee. If an order is canceled after the fifth day from delivery but before the expiration of the three month period following delivery, it will be subject to a cancellation fee of 30% of the entire subscription term total and a pickup fee of $250.
You may shorten the term of your subscription after the end of the third month of your existing subscription (which will typically result in a higher monthly rate), but if you do, you will be charged the amount by which the new subscription rate exceeds the old subscription rate dating back to the first day of your subscription.
For example: If you had a 12 month subscription at $100 per month (total term amount of $1,200), and switched to a 6 months subscription, which for the same furniture is $150 per month, you would owe a total of $900 for the total term amount.
Monthly subscription payments will be charged to the payment method on file every 30 days from the date of the initial order placement. The subscription term begins from the date of delivery to You (the customer). There may be instances where there is a gap between the initial payment, the delivery to You (the customer), the final payment for the rental period and the expiration of the subscription term.
- Furniture Purchase at end of Subscription Term. If you would like to purchase all or a portion of the Furniture at the end of your subscription term, please let us know and we may, but will not be obligated to, provide you with a buyout price.
- Security Deposit. We reserve the right to require a security deposit from you for future subscriptions if we do not currently require it.
- Risk of Loss. You will bear all risks of loss of and damage to Furniture from any cause, and the occurrence of such loss or damage will not relieve you of any obligation hereunder. If there is a security deposit, we reserve the right to apply the security deposit towards the total cost of any lost or damaged Furniture.
- Indemnity. You will indemnify and hold us harmless against, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of, connected with, or resulting from your use of the Furniture.
- Disclaimer of Warranties. Except as expressly set forth in our website, The Everset makes no warranty, express or implied, to anyone, as to the fitness, merchantability, design, condition, capacity, performance or any other aspect of the Furniture or its material or workmanship.
- Privacy. Our collection and use of personal information in connection with the services provided by us is described in our Privacy Statement located on our website.
- Intellectual Property Rights: All intellectual property rights in the Furniture, including images of the Furniture in all media, are the exclusive property of The Everset or its licensors, and you will not have or acquire any ownership rights therein by entering into this Agreement.
- Governing Law; Waiver of Jury Trial. The Agreement will be construed in accordance with and governed by the laws of the State of New York. YOU HEREBY WAIVE TRIAL BY JURY IN ANY ACTION BY OR AGAINST US UNDER THE AGREEMENT.
- Entire Agreement; Modification. The Agreement, which includes these Terms, together with the Terms of Service contained on our website www.theeverset.com, contains the entire agreement between you and us. No modification of the Agreement will be effective unless in writing and signed by The Everset.