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Customer Service (949) 777-6861
By placing an order with Caviani LLC d/b/a Caviani Furniture Store ("Caviani"), the Customer acknowledges that they have read, understood, and expressly agree to these Terms & Conditions.
These Terms & Conditions, all purchases, orders, deliveries, and all transactions with Caviani shall be governed exclusively by the laws of the State of California, without regard to its conflict-of-law principles.
To the fullest extent permitted by law, any lawsuit or court proceeding arising out of or relating to these Terms, any purchase, product, delivery, warranty, or any transaction with Caviani shall be brought exclusively in the state or federal courts located in Orange County, California.
The Customer irrevocably consents to the personal jurisdiction of such courts and waives any objection based upon improper venue, forum non conveniens, or similar legal doctrine.
If the Customer files any legal action in any jurisdiction other than Orange County, California, Caviani may seek dismissal, transfer of venue, recovery of applicable costs, attorneys' fees where permitted by law, and any other relief available under applicable law.
No order shall be considered accepted unless the Customer affirmatively agrees to these Terms & Conditions during checkout by selecting the required acceptance checkbox (or equivalent electronic acknowledgment).
The Customer's electronic acceptance constitutes a legally binding agreement and electronic signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the California Uniform Electronic Transactions Act (UETA), and other applicable laws.
Failure to review these Terms does not relieve the Customer from their obligations under this Agreement.
IMPORTANT NOTICE: THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT MAY LIMIT YOUR LEGAL RIGHTS.
To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, any purchase, product, delivery, warranty, or transaction with Caviani shall be resolved exclusively through final and binding arbitration rather than in court, except that either party may bring an individual claim in a California small claims court if the claim qualifies.
The arbitration shall:
The arbitrator shall have exclusive authority to resolve disputes regarding the enforceability, interpretation, or applicability of this arbitration provision, except where prohibited by law.
Judgment on the arbitration award may be entered in any court having jurisdiction.
Nothing in this provision limits any non-waivable consumer rights provided under applicable law.
To the fullest extent permitted by applicable law, Caviani LLC, its owners, officers, directors, employees, contractors, affiliates, suppliers, manufacturers, agents, successors, and assigns shall not be liable for any indirect, incidental, consequential, punitive, exemplary, special, or economic damages, including but not limited to:
regardless of the legal theory asserted, including contract, tort, negligence, strict liability, warranty, or otherwise.
To the fullest extent permitted by law, Caviani's maximum aggregate liability for any claim shall not exceed the purchase price actually paid by the Customer for the specific product giving rise to the claim.
Except for rights that cannot legally be waived under applicable law, the Customer voluntarily releases, waives, and forever discharges Caviani LLC, its owners, officers, employees, contractors, affiliates, suppliers, manufacturers, and agents from any and all claims arising from or relating to any purchase, delivery, installation, assembly, possession, or use of any product.
The Customer acknowledges that Caviani LLC is an independent retailer and reseller of products manufactured by third-party manufacturers.
To the fullest extent permitted by law, claims involving:
remain the responsibility of the original manufacturer, except to the extent Caviani has independent legal obligations under applicable law.
To the fullest extent permitted by applicable law, the prevailing party in any legal proceeding or arbitration arising out of these Terms shall be entitled to recover its reasonable attorneys' fees, arbitration fees, expert witness fees, court costs, collection costs, and litigation expenses.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE CUSTOMER AGREES THAT ANY CLAIM SHALL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS.
THE CUSTOMER WAIVES ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION (TO THE EXTENT WAIVABLE), OR CONSOLIDATED PROCEEDING AGAINST CAVIANI.
To the fullest extent permitted by applicable law, any claim arising out of or relating to a purchase, delivery, or these Terms must be commenced within one (1) year after the event giving rise to the claim, unless a different period is required by applicable law.
These Terms & Conditions, together with Caviani's Return Policy, Shipping Policy, Privacy Policy, Warranty Policy, Damage Policy, Delivery Policy, Assembly Policy, and the applicable invoice or order confirmation, constitute the complete and exclusive agreement between the Customer and Caviani LLC.
They supersede all prior oral or written communications, advertisements, representations, negotiations, promises, understandings, and agreements relating to the transaction.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
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