FLOOR & DECOR STORAGE AND PICKUP TERMS AND CONDITIONS

Please review these terms and conditions ("Terms" or "Agreement") which apply to pick up orders including, but not limited to, the storage, handling and pickup of the merchandise.

PLEASE REVIEW THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS INCLUDE A CLASS ACTION WAIVER, WHICH REQUIRES AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES, RATHER THAN A CLASS OR COLLECTIVE ACTION OF ANY KIND.

Courtesy Storage

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

You 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 listed as an authorized pickup person, regardless of possession of original receipt, wishing to obtain your merchandise must first be authorized by you, in person. 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. You acknowledge that such pick up person or company is acting on your behalf and these Terms shall apply to this agent acting on your behalf.

Online Purchases

For online purchases, you must provide 3 items of verification at the time of pick up: 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 requested information 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

Anyone electing to pick up merchandise from any Floor & Decor location is 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 you, Floor & Decor will assist with the loading of purchased merchandise; however it is your responsibility to STOP the employee if you feel 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. You are SOLELY responsible for securing of merchandise and ensuring it is properly loaded and/or secured prior to leaving the premises. Floor & Decor is not responsible for damages occurring to vehicles while loading. If equipment or machinery is in use, you are 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. YOU ASSUME FULL RESPONSIBILITY FOR LOADING AND/OR TRANSPORTATION OF MERCHANDISE AND RELEASE FLOOR & DECOR FROM ANY LIABILITY, DAMAGES OR CLAIMS ARISING OUT OF YOUR PICK UP AND/OR TRANSPORTATION OF MERCHANDISE.

Floor & Decor stores operate as a working warehouse. It is important for everyone 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.

Product Accuracy Verification

MAKE SURE TO INSPECT ALL MERCHANDISE AT THE TIME OF PICK UP. It is your 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 your 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.

Communications

You 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 your order. You agree that any such communications are informational only.

"I'M HERE" CURBSIDE PICKUP AND SMS PROGRAM TERMS

1. Once you check-in or text us, we will send you messages pertaining to picking up or status of your Floor & Decor order.
2. 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.
3. 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
4. Floor & Decor and Carriers are not liable for delayed or undelivered messages.
5. 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.
6. If you have any questions regarding privacy, please read our privacy policy, which is incorporated herein by reference, at www.flooranddecor.com/policies/privacy-policy.

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 30 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. Unless otherwise agreed in writing, the informal dispute resolution procedure will not exceed 90 days.

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.

You 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 only an individual action. 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 (including, but not limited to advertising claims) and legal disputes or claims that arise after the termination of these Terms. The term "Dispute" will be given the broadest possible meaning allowable under law.

YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO ANY CLASS-ACTION SUIT. THE PARTIES AGREE THAT ANY ACTION, LAWSUIT, OR OTHER LEGAL PROCEEDING 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 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 RESOLUTION OF THE REMAINING CLAIMS.

The Informal Dispute Resolution provision and this Class Waiver shall survive any termination of this Agreement and your relationship with Floor & Decor.

GOVERNING LAW, JURISDICTION AND OTHER TERMS

The Agreement and any Dispute shall be governed by, and interpreted, construed, and enforced in accordance with the law of the State of Georgia which 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.