TERMS AND CONDITIONS

TERMS AND CONDITIONS OF SALE, LIMITED PRODUCT WARRANTY, AND DISPUTE RESOLUTION / ARBITRATION AGREEMENT

Effective Date: April 2020  |  Last Updated: 2026  |  Governing State: Texas  |  Nationwide Applicability

THESE TERMS CONTAIN A DISPUTE RESOLUTION/ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, A MANDATORY PRE-ARBITRATION PROCESS, AND A ONE-YEAR CLAIM LIMITATION PERIOD. THESE PROVISIONS MATERIALLY AFFECT YOUR LEGAL RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING AN ORDER.

BINDING AGREEMENT — PLEASE READ CAREFULLY: By placing an order online (clicking "Place Order"), by phone, or by signing an in-store receipt, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions. Your click or signature constitutes a valid electronic or handwritten signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and the Texas Uniform Electronic Transactions Act. These Terms may not be modified except by a written agreement signed by both you and KM.

SECTION 1 — ONLINE ORDERING

1.1  General: KM Home Furniture LLC ("KM," "we," "us," or "our") operates kassamall.com to provide a convenient and secure shopping experience available 24 hours a day, 365 days a year. All online prices reflect cash or debit discounts. In-store information takes precedence in the event of any discrepancy with the website.

1.2  Special-Order Classification: NOTICE: ALL ONLINE ORDERS ARE CLASSIFIED AS SPECIAL ORDERS: Orders placed through kassamall.com are classified as Special Orders. This classification — and the cancellation restrictions that accompany it - is disclosed here, on each product page, and at checkout before payment is submitted, consistent with the Texas Deceptive Trade Practices Act (DTPA), Tex. Bus. & Com. Code § 17.41 et seq.

1.3  Product Images & Color Variation: IMPORTANT — COLOR, FINISH & DIMENSION VARIATION NOTICE Product images, swatches, and renderings are for illustrative purposes only. Actual product color, grain, texture, and finish may vary due to photography, lighting, device settings, natural material variation, and manufacturer tolerances. By placing an order you acknowledge and accept the possibility of variations. Minor variations do not constitute a defect and do not qualify for a return or refund unless the variation materially prevents the product from performing its intended function.

*  This disclosure is presented at the product page and at checkout and requires your affirmative acknowledgment before payment is accepted.

1.4  Inventory Availability: Availability displayed on our website is subject to change without notice. We strongly recommend contacting us at (281) 377-8547 or via our chat to confirm current inventory before ordering. We are not responsible for delays or cancellations due to stock unavailability. KM does not guarantee that any item listed on the site or in our catalog is definitely available until paid in full and delivery scheduled.

1.5  Electronic Communications & Consent: By providing your email address or phone number, you consent to KM, its affiliates, delivery service providers, and third-party service providers contacting you using any email address or phone number you provide — including via automatic telephone dialing systems or pre-recorded messages — for purposes including order processing, delivery scheduling, surveys, and marketing. To opt out of a specific message campaign, text STOP to that campaign. To opt out of all campaigns, text STOP to each campaign separately, or call (281) 377-8547, or write to: KM Home Furniture LLC, Attn: Communications Opt-Out, 22121 Katy Freeway Katy, Texas 77450. Message and data rates may apply.

SECTION 2 — SALES TAX

KM Home Furniture LLC is required to collect sales tax only on orders delivered to or picked up within the State of Texas, in accordance with Texas Tax Code § 151.007 and applicable nexus rules. Orders delivered to addresses outside the State of Texas will not have Texas sales tax applied at checkout. Customers outside Texas are solely responsible for determining, reporting, and remitting any applicable use tax or other tax obligations to their state or local taxing authority. KM makes no representation as to the taxability of purchases in any jurisdiction other than Texas.

* Out-of-state customers: The absence of sales tax collection by KM does not mean your purchase is tax-exempt. Many states require buyers to self-report and pay use tax on out-of-state purchases. Please consult your state's tax authority for guidance.

SECTION 2A — CALIFORNIA PROPOSITION 65 NOTICE WARNING:

Some products sold by KM Home Furniture may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. Products sold on kassamall.com may be subject to California Proposition 65 (Safe Drinking Water and Toxic Enforcement Act of 1986). For more information, visit www.P65Warnings.ca.gov.

SECTION 3 — PAYMENT METHODS:

We accept Visa, MasterCard, American Express, Discover, bank debit cards, and KM Home Furniture Gift Certificates.

  • Financing options: 12-Month, 0% Interest and 90-day payment plans (no credit required).
  • Layaway program: Available for up to 90 days (see Section 11).

Title Retention: KM retains ownership and title to all merchandise until the full purchase price has been received and delivery completed. Merchandise is not guaranteed to be held or in stock until paid in full and delivery scheduled. Collection Costs: You are liable to KM for any and all collection costs, including reasonable attorneys' fees and court costs, if KM must take action to collect any amount owed by you. Pricing Errors: KM reserves the right to correct mistakes in pricing or arithmetic at any time, before or after an order is placed.

SECTION 4 — CANCELLATION POLICY

4.1  Online Orders (Special Orders): Because online orders are classified as Special Orders, cancellations are subject to the following: 100% Store Credit is available ONLY if ALL three conditions are met:

  • Cancellation is requested within 24 hours of order placement;
  • The item has not yet been ordered from the supplier; and
  • No delivery has been scheduled.

To cancel, email service@kmhomefurniture.com within 24 hours, clearly stating your intent to cancel and your order number. Cancellation requests are not complete until confirmed by KM in writing.

Cancellation Fees

  • Within 24 hours: A 4% payment-processing fee applies.
  • After 24 hours (including orders in-transit, ready for delivery, or prepared for shipment): A refund of 75% of the product total will be issued. Delivery charges are non-refundable in all cases.

*  KM's free shipping offer (where applicable) is conditioned on the customer keeping the order. Customers who cancel are responsible for original and return shipping costs even if the order qualified for free shipping.

4.2  In-Store Orders: In-store orders are not subject to cancellation. A 25% restocking fee applies to ANY change (including product selection) made after purchase and before delivery. Deposits, delivery fees, and application fees are non-refundable. All in-store sales are final — no cash refunds.

Interior Design Consultant Fee:  If an order totaling more than $1,500 is cancelled, a non-refundable $399 fee applies for interior design and customer service consultation. This fee is disclosed at the point of sale and must be acknowledged before the order is finalized.

SECTION 5 — RETURN & RESELECTION POLICY

5.1  Returns — New & Unopened Items: You may request a return of a new, unopened furniture piece within 24 hours of delivery or pick-up for full store credit. An additional delivery fee will be charged for retrieval. All delivery and assembly fees are final and non-refundable. A 25% restocking fee applies to items picked up from our store or warehouse. Items excluded from return: Clearance, Outlet, "AS IS," mattresses, and special-order pieces. Once an item has been assembled it is no longer returnable unless written exemption was provided by KM in advance.

5.2  7-Day Reselection (Unopened Items): KM offers a 7-day reselection period on standard merchandise (excluding mattresses, special orders, clearance, Outlet, and "AS IS" items):

  • Call our design center at (281) 377-8547 during business hours.
  • Schedule a second delivery; the reselected items will be retrieved at that time.
  • Pay a 25% restocking fee plus the applicable delivery and handling charge. If upgrading, pay the price difference plus a new delivery fee.

*  This policy does not apply to opened, damaged, or scratched items.

5.3  "AS IS" Merchandise — No Return, No Warranty, Final Sale: AS IS MERCHANDISE IS SOLD WITHOUT ANY WARRANTY OR GUARANTEE. ALL SALES ARE FINAL. AS IS ITEMS ARE NOT ELIGIBLE FOR RETURN, EXCHANGE, REFUND, OR SERVICE OF ANY KIND. Merchandise purchased or designated "AS IS" is sold in its existing condition, which the customer has had the opportunity to inspect. No express or implied warranty of any kind applies to AS IS merchandise to the fullest extent permitted by law.

5.4  Return Process for Freight-Delivered Items

  • Ensure the unopened item is in its original packaging.
  • Ship via UPS, FedEx, or USPS to: Distribution Warehouse, 1510 Hopper Rd Houston, Texas 77093.
  • Email tracking number and order number to service@kmhomefurniture.com within 7 days of delivery.
  • Upon receipt, KM will inspect the item. If confirmed new and unused, a 25% restocking fee will be deducted and the balance credited.

SECTION 6 — WARRANTY INFORMATION: WARRANTY DISCLAIMER — CONSPICUOUS DISCLOSURE (UCC §2-316 COMPLIANT)

6.1  General Limited Warranty: KM provides a three-month limited warranty against manufacturer defect on all standard merchandise, subject to the terms below. Manufacturers' frame warranties are honored. Mechanisms are subject to individual manufacturer warranties. Normal use and wear are not covered. This Limited Warranty is non-transferable and applies only to the original consumer purchaser at the original non-commercial delivery location.

6.2  Implied Warranty Duration Limitation

KM EXPRESSLY LIMITS THE DURATION OF THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE SAME THREE-MONTH PERIOD AS THE EXPRESS LIMITED WARRANTY. KM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AFTER EXPIRATION OF THE THREE-MONTH LIMITED WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

6.3  Warranty Remedies If you provide timely notice of a defect during the warranty period, KM will, at its sole option: (i) repair nonconforming component(s) or merchandise; (ii) replace nonconforming merchandise in exchange for its return; or (iii) refund the purchase price in exchange for return of the merchandise. KM's selection among these remedies is final and constitutes full satisfaction of KM's warranty obligations for that defect.

6.4  Material-Specific Warranties

Upholstery:3-month limited warranty against manufacturer defect. Dye-lot variances, piling, fading, normal wear, and soiling are not covered unless otherwise stated by the manufacturer.

Leather:3-month limited warranty. Leather is a natural material; characteristics such as color variation, grain variation, wrinkles, and natural marks denote genuine top-grain leather and are not defects.

Wood:3-month limited warranty. Solid and veneer wood products may show color, pattern, and grain variation intrinsic to real wood — not defects.

Glass: NO WARRANTY after receipt. Inspect all glass items BEFORE accepting delivery. Broken glass discovered after receipt is not covered.

Bedding: Warranty depends on manufacturer. A mattress protector is strongly recommended; manufacturers cannot accept returns of stained mattresses.

Accessories, Lamps & Rugs: No warranty. Inspect all accessory items before purchase. Warranty is voided if item is moved from its original delivered location.

6.5  Mattress Warranty Exclusions: The mattress warranty does NOT cover, among other things:

  • Transportation and inspection costs; commercial or institutional use.
  • Floor samples, "AS IS" bedding, or items purchased from secondary parties.
  • Comfort preference or body impressions less than 1.5" (innerspring) or 0.75" (hybrid/all-foam).
  • Stains, soiling, fluid penetration, tears, burns, or fabric damage.
  • Normal softness change in memory foam or latex over time.
  • Damage from misuse, improper foundation, or incorrect bed frame.

6.6  Clearance & Outlet Warranty

Clearance and Outlet merchandise carries a limited 30-day warranty on frames and power devices only. "AS IS" merchandise has no warranty. Orders must be scheduled for delivery or pick-up within 2–5 business days of purchase or the item will be re-listed and any deposit held as store credit.

6.7  Warranty Claim Procedure: To make a warranty claim you must:

  • Inspect merchandise upon receipt and report visible damage immediately to the delivery team, noting it on the delivery receipt.
  • 24 hours for visible damage or within 72 hours for latent defects not discoverable at delivery, including digital photos and a description.
  • Retain your original receipt — warranty claims will not be processed without it.
  • Warranty is voided if an item is moved from its originally delivered location.

*  The 24-hour window applies to visible delivery damage. The 72-hour window applies to latent defects. All other claims must be submitted within 7 days (see Section 19.3).

SECTION 7 — DAMAGED MERCHANDISE

7.1  Items Damaged on Pick-Up: Inspect all items at the warehouse before loading. Once items leave KM's facility, we are not responsible for damage. If a defective item is discovered, we will retrieve it, return it to the manufacturer, and reschedule your pick-up for the replacement.

7.2  Items Damaged on Delivery: In the unlikely event your order arrives damaged:

  • Note all damage in writing on the delivery receipt before signing.
  • Notify the delivery driver immediately; refuse delivery of visibly damaged items. • Request that the carrier sign the Proof of Delivery (POD) acknowledging the damage.
  • Call (281) 377-8547 or email service@kmhomefurniture.com immediately.

* Failure to document damage at delivery may result in the freight carrier denying liability. In that case, KM will not be responsible for replacement or refund.

SECTION 8 — SHIPPING & FREIGHT CLAIMS POLICY

8.1  KM's Role as Distributor: KM Home Furniture is an authorized retailer acting solely as a distributor. We do not manufacture, inspect, or modify products before shipment. Products are shipped directly from manufacturers in original packaging. KM adheres to each manufacturer's Return Merchandise Authorization (RMA) process for defect claims. KM is not liable for manufacturing defects or quality issues, which are solely the responsibility of the manufacturer.

8.2  Transit Damage: KM ensures all products leave the our/supplier's facility intact. We are not responsible for damages that occur during transit by independent freight carriers. Any claim for transit damage must be filed directly with the freight carrier at the time of delivery per Section 7.2. 8.3  Post-Delivery Claims: If damage is discovered after delivery, notify KM within 24 hours via email at service@kmhomefurniture.com, including photos and a copy of the signed POD.

8.4  Delivery Liability Cap: LIMITATION OF LIABILITY FOR DELIVERY SERVICES: To the fullest extent permitted by applicable law, KM's aggregate liability — and the aggregate liability of any third-party delivery service provider, including all of its affiliates, parents, subsidiaries, officers, employees, and assigns — relating in any way to the delivery services shall not exceed two (2) times the total amount you paid for delivery of your merchandise, whether the claim arises in contract, tort, or any other theory of liability. This cap includes any claim for damage to real or personal property occurring during delivery.

This limitation does not apply to: (a) liability resulting from gross negligence or willful misconduct; or (b) death or bodily injury resulting from negligent acts or omissions. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

* Third-party delivery service providers used by KM are expressly intended as third-party beneficiaries of this limitation of damages clause.

SECTION 9 — DELIVERY

9.1  General: KM delivers to the address on the invoice to the 48 contiguous United States. Delivery days are Monday through Saturday. If you change your delivery address after the invoice is issued, KM reserves the right to recalculate and collect the new delivery fee.

9.2  30-Day No-Contact Policy: If KM is unable to contact you to schedule your delivery for 30 or more consecutive calendar days, and there is no record of you contacting us or our delivery agent during that period, KM reserves the right to treat your order as a voluntary return. You will be refunded in accordance with our Return Policy (Section 5), less any applicable restocking fees, shipping costs, and storage fees accrued. This policy also applies to unresponsive warranty claim communications (see Section 19.3).

9.3  Delivery Preparation: To ensure a smooth delivery, please: • Clear all walkways, driveways, and pathways of obstacles, water, ice, furniture, and decor. • Have an adult (18+) present to accept, inspect, and sign for the delivery. • Designate a backup contact: Assign a trusted adult as an alternate who can accept and inspect the delivery on your behalf if you are unavailable. Ensure your backup knows what to inspect and what to note on the delivery receipt. • Allow a delivery window: Allow at least one hour before and after the scheduled delivery time. Allow additional time for remote areas or heavy-traffic periods.

  • Pre-arrange removal of any door or window required for access.
  • Measure all doorways, stairways, and pathways to confirm items will fit before ordering.

Customers are responsible for ensuring safe, adequate access. Delays, damages, or accidents resulting from inadequate preparation are the customer's responsibility. KM is not responsible for merchandise that is too large to fit.

9.4  Delivery Damage Waiver CUSTOMER INITIAL REQUIRED — DELIVERY DAMAGE LIMITATION OF LIABILITY.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, AND SUBJECT TO KM'S OBLIGATION NOT TO DISCLAIM LIABILITY FOR ITS OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, KM HOME FURNITURE AND ITS DELIVERY TECHNICIANS ARE NOT RESPONSIBLE FOR INCIDENTAL SCRATCHES, SCUFFS, OR MARKS TO FLOORS, WALLS, CEILINGS, OR DOORS THAT MAY OCCUR DURING THE NORMAL COURSE OF DELIVERY. THIS LIMITATION DOES NOT APPLY WHERE DAMAGE IS CAUSED BY KM'S OWN NEGLIGENCE. THIS WAIVER IS ENFORCEABLE NATIONWIDE TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF THE CUSTOMER'S STATE OF RESIDENCE. We recommend placing protective coverings on floors prior to delivery.

9.5  Building & Complex Deliveries: Many apartment buildings and condominiums restrict delivery hours. Please notify KM of any restrictions when scheduling. Elevator reservations are the customer's responsibility.

9.6  Additional Delivery Fees: • Climbing/Walk-Up: Additional charge for units above the 2nd floor without elevator access. • Hoisting: Additional fees if furniture must be hoisted into an area.

  • Late Cancellation: Deliveries cancelled within 48 hours of the scheduled date will incur a restocking fee.
  • Address Change: New delivery fee calculated and collected.
  • Missed Confirmed Delivery Date: If KM or the carrier confirms a delivery date and you miss it without at least 48 hours' advance notice, you agree to pay all re-delivery fees for a second attempt. Re-delivery fees vary by order and location but may range from 20%–30% of your order total.
  • Assembly Cancellation (Switching to Pick-Up): $89 relocation and handling fee.

9.7  Delivery Service Levels:

Outdoor Drop-Off:

  • Ground floor/outside entrance only; no signature required; no packaging removal; no assembly.
  • Returns/exchanges: Customer responsible for returning items to KM's warehouse.

Indoor Home Entrance Drop-Off:

  • Items placed inside the ground-floor entrance; signature required; no packaging removal; no assembly.
  • Stair carrying: Up to two flights (max 15 steps per flight).
  • Returns/exchanges: Customer responsible for returning items to warehouse.

White Glove Delivery & Assembly:

  • Items delivered to the room of choice; packaging removed and disposed of; basic assembly up to 45 minutes (basic hand tools only; no plumbing, electrical, or power tools); signature required.
  • Stair carrying: Up to two flights (max 15 steps per flight).
  • Returns/exchanges: If a defect is reported while the delivery technician is there, KM will arrange pick-up, exchange with the manufacturer, and re-delivery at no additional cost.

9.8  Scheduling & Notifications

  • Houston deliveries: Confirmation email/call before delivery date; 30–60 minute pre-arrival call or text on delivery day.
  • Outside Houston: Confirmation email/call before delivery date; driver contacts you 1–2 hours before arrival once items leave our facility.
  • Third party Fright Services: You will receive a tracking number, and the communication will be directly with the Freight service provider 

9.9  Inclement Weather: KM reserves the right to delay deliveries due to hazardous road or weather conditions for the safety of our delivery associates.

SECTION 10 — WAREHOUSE & STORAGE FEES

*  Storage fees are disclosed at the point of sale and confirmed in your order confirmation email. KM will send written notice before any storage fee begins to accrue.

10.1  Layaway Orders: A 10% monthly warehouse and storage fee (calculated on the total order amount) applies for each month after the initial three-month layaway period.

10.2  Regular Orders (Paid in Full): If you have paid in full but have not arranged pick-up or delivery, a 10% monthly warehouse and storage fee applies for each month after the first month from the purchase date, unless otherwise noted on the sales receipt. These fees are applied automatically and are non-refundable.

SECTION 11 — LAYAWAY PROGRAM

Layaway orders are available for up to 90 days and are not subject to cancellation. Merchandise will be ordered once the layaway is paid in full. The buyer agrees to complete payments on schedule; failure to do so will result in forfeiture of prior payments. Please visit kassamall.com for complete Layaway details, or https://kassamall.com/furniture-layaway/

SECTION 12 — EXTENDED PROTECTION PLAN (GUARDIAN)

KM offers Guardian protection plans covering accidental damage to upholstery, leather, wood, billiard tables, area rugs, outdoor furniture, and adjustable beds. Guardian's nationwide network of expert technicians will travel to your home to repair accidental damage. If covered damage cannot be repaired, Guardian will replace the item. For details, call (281) 377-8547 or chat at kassamall.com.

SECTION 13 — TITLE RETENTION, COLLECTION COSTS & PICKUP INDEMNIFICATION

13.1  Title Retention

KM retains full ownership and title to all merchandise until the complete purchase price has been received and physical delivery or pick-up has been completed. Merchandise is not guaranteed to be held or available until paid in full and delivery scheduled.

13.2  Collection Costs & Attorneys' Fees You are liable to KM for all costs of collection, including reasonable attorneys' fees, court costs, and other expenses, if KM must take legal action to collect any amount you owe. In the event of a dispute, you authorize KM to access the property to recover all items, subject to applicable law.

13.3  Customer Pick-Up Indemnification

CUSTOMER PICK-UP — INDEMNIFICATION: YOU ARE SOLELY RESPONSIBLE FOR LOADING, UNLOADING, AND TRANSPORTING YOUR MERCHANDISE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD KM HOME FURNITURE HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO ANY DAMAGE OR INJURY TO VEHICLES, MERCHANDISE, PERSONS, OR PROPERTY DURING LOADING, UNLOADING, AND TRANSPORT. KM WILL NOT SUPPLY MATERIALS FOR SECURING LOADED ITEMS. PLEASE ARRIVE WITH AN APPROPRIATELY SIZED VEHICLE AND ALL SECURING MATERIALS REQUIRED.

13.4  Self-Assembly Indemnification: SELF-ASSEMBLY — INDEMNIFICATION: FOR ANY MERCHANDISE MARKED 'ASSEMBLY REQUIRED' OR DELIVERED VIA DROP-OFF WITHOUT ASSEMBLY SERVICE, YOU ARE SOLELY RESPONSIBLE FOR ASSEMBLY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD KM HOME FURNITURE HARMLESS FOR ANY AND ALL DAMAGE OR INJURY TO YOU OR OTHERS, YOUR MERCHANDISE, YOUR HOME, AND OTHER BELONGINGS RELATING TO SELF-ASSEMBLY. KM DOES NOT WARRANT OR GUARANTEE SELF-ASSEMBLY OUTCOMES.

SECTION 14 — PHOTO AUTHORIZATION

You agree that KM may take or cause to be taken photographs and/or video on delivery, attempted delivery, merchandise set-up, or service appointments. Such documentation may be used by KM to: resolve merchandise, delivery, damage, or customer service disputes; verify delivery location and condition; audit for quality assurance purposes; and support any warranty, insurance, or legal claim. By accepting delivery or a service visit, you consent to this documentation.

SECTION 15 — PRIVACY POLICY & DATA PRACTICES (INCLUDING CCPA)

15.1  Overview: KM Home Furniture is committed to protecting your personal information. This section describes our data collection, use, and sharing practices and your rights under applicable privacy laws including the California Consumer Privacy Act (CCPA), Cal. Civ. Code § 1798.100 et seq.

15.2  Information Collected & Use: We collect personal information you provide directly (name, address, email, phone, payment information) and information collected automatically through your use of our website (browsing data, device information, session activity, purchase history). We use this information to: process and service your order; arrange delivery; conduct surveys and quality research; provide marketing; and improve our products and services.

15.3  Third-Party Data Service Providers. These providers process data solely on KM's behalf and in accordance with applicable data protection laws. KM does not sell your personal data to third parties for their own independent marketing purposes.

15.4  Information Sharing: KM may share your information with KM's affiliates and third-party service providers to process and service your order, arrange delivery, conduct satisfaction surveys, and research and improve products. By voluntarily providing your information, you consent to this use and sharing as described.

15.5  Law Enforcement Disclosure: KM will not disclose your personal data to law enforcement except where instructed by you or required by applicable law. When governments make a lawful demand for customer data, KM will limit disclosure to only the specific data mandated. Where legally permitted, KM will promptly notify you and provide a copy of the demand.

15.6  Your Privacy Rights: Depending on your state of residence, you may have the following rights:

  • The right to know what personal information we collect, use, disclose, or sell.
  • The right to request deletion of your personal information, subject to certain exceptions.
  • The right to opt out of the sale or sharing of your personal information.
  • The right to non-discrimination for exercising your privacy rights.

15.7  How to Exercise Your Privacy Rights

  • Email: service@kmhomefurniture.com
  • Phone: (281) 377-8547
  • Mail: ATTN: Privacy Compliance, KM Home Furniture LLC, 22121 Katy Freeway Katy, Texas 77450 We will respond to verifiable consumer requests within the timeframes required by applicable law.

SECTION 16 — TECHNICIAN SERVICE DISPATCH & ISSUE RESOLUTION - CUSTOMER INITIAL REQUIRED — TECHNICIAN RESOLUTION AGREEMENT

16.1  KM's Right to Dispatch a Technician: When a customer reports a product issue, defect, damage, or malfunction within the applicable warranty period and consistent with claim requirements in Sections 6 and 7, KM reserves the right, at its sole discretion, to resolve the matter by dispatching a qualified service technician to the customer's location rather than authorizing an immediate return, exchange, or refund. KM's election to dispatch a technician is a valid and complete first-step remedy.

16.2  Technician Scope of Work: The dispatched technician will assess the reported issue and perform all repairs, adjustments, part replacements, or corrective actions within the scope of the manufacturer's warranty and KM's service guidelines, including:

  • Inspect and diagnose the reported defect or damage.
  • Repair or replace defective components, mechanisms, or parts.
  • Apply manufacturer-approved corrective treatments (touch-up, realignment, re-upholstery of a component).
  • Document the service performed and obtain the customer's acknowledgment of completion.

16.3  Completion of Service = Full and Final Resolution

BINDING RESOLUTION UPON TECHNICIAN COMPLETION: Once a KM-dispatched or manufacturer-authorized technician has completed the service visit and performed the repair, adjustment, or corrective action for the reported issue, the matter is considered fully and finally resolved. By signing or initialing the technician's completion form (or by allowing the technician to leave the premises without objection), the customer agrees to:

  • Accept the repaired item in its serviced condition as satisfying KM's warranty and service obligations for that specific reported issue.
  • Retain the item and waive any right to a return, exchange, store credit, or refund for the specific defect or damage addressed during that service visit.
  • Acknowledge that the item has been restored to a satisfactory, functional condition for its intended purpose.

16.4  New or Unrelated Issues After Service: The resolution in Section 16.3 applies only to the specific issue(s) addressed during the technician's visit. New or unrelated defects reported after service are treated as separate claims evaluated independently under the applicable warranty period.

16.5  Unsuccessful Technician Repair: If the technician cannot resolve the issue on-site after visit is made, KM will, at its sole discretion, elect one of the following:

  • Replacement: Exchange for the same or a comparable model, subject to availability, repair and shipping fees.
  • Store Credit: Issue store credit equal to the original purchase price of the affected item.
  • Refund: Refund the purchase price of the item only (excluding delivery, assembly, handling, and restocking fees), where required by applicable law.

16.6  Customer Obligations During Technician Visit

  • An adult (18+) must be present for the full duration of the technician's visit.
  • The customer must provide clear and safe access to the item and premises.
  • The customer must not obstruct, interfere with, or prematurely terminate the technician's service.
  • The customer must sign or initial the technician's completion form upon satisfactory completion.

* Refusal to allow technician access, or refusal to sign the completion form without a documented unresolved defect, will be deemed acceptance of the item in its current condition and will waive the customer's right to further warranty service for the reported issue.

SECTION 17 — DISCLAIMERS & WEBSITE ACCURACY

17.1  Dimension Tolerance: Dimensions displayed on kassamall.com or provided by the manufacturer are occasionally rounded to the nearest whole number. By placing an order, the customer accepts that furniture dimensions received may vary by up to two (2) inches from the dimensions displayed. This variance does not constitute a defect and does not qualify the order for a return or refund.

*  Always measure your space, doorways, and pathways before ordering. KM is not responsible for items that do not fit due to customer failure to verify dimensions in advance.

17.2  Site Errors & Pricing: KM makes every effort to display accurate product descriptions, availability, and pricing; however, we do not warrant that site content is complete, reliable, current, or error-free. Prices and promotions are subject to change without notice. In the event of a mispricing or availability error, KM reserves the right to cancel your order or contact you for instructions. If KM cancels an order due to such an error, your sole remedy is a full refund of any amount paid.

17.3  Order Confirmation Review: You will receive an order confirmation email upon placing an order. You are responsible for reviewing the confirmation and notifying KM within 24 hours if you did not receive it or if it contains any errors (incorrect items, quantities, address, or pricing). Failure to notify KM within 24 hours may limit KM's ability to correct the order before processing.

17.4  International Shipping & Freight Forwarding: KM does not make direct international deliveries. Deliveries are available to the 48 contiguous United States only. KM can deliver to a freight forwarder within the 48 contiguous states.

  • The customer is solely responsible for hiring a freight forwarder and arranging all overseas shipping.
  • All overseas shipping fees, customs duties, import taxes, and related charges are the customer's sole responsibility.
  • KM's responsibility ends upon delivery to the agreed domestic freight forwarder address. KM is not liable for loss, damage, or delay occurring after that point.

*  Deliveries to Alaska, Hawaii, and Puerto Rico are not available through our standard delivery service. Anay shipping to these states will be sole responsibility of the customer.

17.5  Commercial Use: Merchandise purchased for commercial settings or used for commercial purposes is not covered by the Limited Product Warranty or any other warranty, express or implied, to the fullest extent permitted by law.

SECTION 18 — CHARGEBACK & PAYMENT DISPUTE POLICY

Customers agree to contact KM Home Furniture first and provide a reasonable opportunity to resolve any dispute before initiating a chargeback or payment reversal with their financial institution. This provision does not waive, limit, or restrict any right you may have under the Fair Credit Billing Act (FCBA), 15 U.S.C. § 1666, or applicable card network rules, which expressly grant cardholders the right to dispute charges.

Promotional Forfeiture: If you initiate a chargeback or payment dispute with your financial institution without first contacting KM, you thereby forfeit any and all promotional benefits associated with your order, including but not limited to: reward or loyalty points, free or discounted delivery upgrades, promotional discount codes, and any complimentary extended protection or accidental damage plan provided at the time of purchase.

In cases where a chargeback is initiated without prior communication with KM, KM reserves the right to dispute the chargeback and pursue all available legal remedies, including recovery of attorneys' fees where permitted by law.

SECTION 19 — DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER & JURY TRIAL WAIVER)

READ CAREFULLY — THIS SECTION AFFECTS YOUR LEGAL RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU MUST PROVIDE NOTICE OF ANY CLAIM WITHIN ONE (1) YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE WAIVED AND TIME-BARRED. THIS SECTION CONTAINS A MANDATORY ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.

19.1  Governing Law & Nationwide Applicability: These Terms apply to all purchases from KM — whether in-store, online, or by phone — regardless of the customer's state or location of delivery within the United States. These Terms are governed by the laws of the State of Texas and the Federal Arbitration Act (FAA), where applicable, without regard to conflict-of-law principles. The United Nations Convention on the International Sale of Goods (CISG) does not apply to any transaction governed by these Terms.

To the extent that mandatory consumer protection laws of the customer's state of residence provide rights that cannot be waived by contract, those rights are not affected. All other disputes remain subject to Texas law. Venue for non-arbitration matters lies exclusively in Harris County, Texas.

*  Customers outside Texas: By purchasing from KM, you consent to personal jurisdiction in Harris County, Texas and agree that Texas law governs your purchase, except where your state's non-waivable consumer protection statutes expressly apply. 19.2  Small Claims Court (Claims ≤ $20,000) Any dispute not exceeding $20,000 may be brought exclusively in the Justice Court (Small Claims Court) of Harris County, Texas, on an individual basis only. Both parties consent to this exclusive jurisdiction for such claims.

19.3  One-Year Claim Limitation Period: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR PURCHASE FROM KM HOME FURNITURE MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE THE CLAIM ACCRUED. ANY CLAIM NOT FILED WITHIN THIS PERIOD IS PERMANENTLY WAIVED AND TIME-BARRED. This limitation applies in addition to — not in place of — the shorter claim windows for delivery damage (24 hours), latent defects (72 hours), and other post-delivery claims (7 days) set out in Sections 6 and 7.

19.4  Mandatory Informal Dispute Resolution (Condition Precedent to Arbitration): Before either party may initiate arbitration, the parties agree to make a good-faith effort to resolve the dispute informally. Completion of this process is a condition precedent to filing any arbitration demand. Required Notice: The party initiating the dispute must send a written Notice to the other party that includes:

  • Full name, address, telephone number, and email address of the claimant.
  • Sufficient information to identify the transaction at issue (order number, purchase date, item(s) involved). • A detailed description of: (i) the nature of the dispute; (ii) the basis of the claims; and (iii) the specific relief sought, including a dollar calculation.
  • A personal signature of the party initiating the dispute (and counsel, if represented).

KM's Notice Address: KM Home Furniture LLC, Attn: Legal / Dispute Resolution, 22121 Katy Freeway Katy, Texas 77450, or email: service@kmhomefurniture.com

Informal Resolution Process: After a completed Notice is received, both parties agree to negotiate in good faith for a period of at least 30 days, including — if either party requests it — an individualized telephone conference between the customer and a KM representative (and counsel, if represented).

All applicable limitation periods are tolled from the date of receipt of a completed Notice through the conclusion of this informal process. Arbitration may only be commenced if the dispute is not resolved through this process.

*  A court of competent jurisdiction may enforce this condition precedent, including by enjoining premature arbitration filings and assessing fees for non-compliance. 19.5  Arbitration Procedures: After exhausting the Mandatory Informal Dispute Resolution Process, any unresolved dispute between you and KM — including disputes relating to any product or service sold, any warranty, delivery, assembly, financing, use of personal information, or these Terms — shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules ("AAA Rules"), as modified by these Terms. The FAA governs this Arbitration Agreement exclusively. The AAA Rules are available at www.adr.org.

  • Arbitration shall take place in Houston, Texas, or at another mutually agreed location. In-person hearings shall be held in the county in which you reside or another mutually agreed location.
  • A single arbitrator shall preside. The arbitrator must follow and enforce these Terms as a court would.
  • Discovery shall be limited to what is reasonably necessary.
  • You may choose to have arbitration conducted by phone, video, in-person hearing, or written submissions, except any dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise.
  • The arbitrator may award any relief on an individual basis that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief.
  • The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions.
  • Cost-Shifting (Rule 68): The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of any award. If you reject a written settlement offer and then receive an arbitration award less favorable than that offer, you may be required to pay KM's post-offer costs.
  • Each party shall bear its own attorneys' fees and costs, except as otherwise required by applicable law or as provided under Rule 68.
  • Judgment on any arbitration award may be entered in any court of competent jurisdiction.
  • Certification of Compliance: Any arbitration demand must be accompanied by a signed certification that the Mandatory Informal Dispute Resolution Process has been completed. Failure to include this certification may result in dismissal of the arbitration demand.

* Notwithstanding the foregoing, either party may bring suit in court to seek injunctive or other equitable relief to prevent actual or threatened infringement, misappropriation, or misuse of intellectual property rights (trademarks, copyrights, trade secrets), without waiving the right to arbitrate the underlying dispute.

19.6  Mass Arbitration Procedures: If 25 or more similar disputes (including yours) are asserted against KM by the same or coordinated counsel or are otherwise coordinated ("Mass Arbitration"), the following staged process applies: Stage One: Counsel for each side shall select 25 disputes (50 total) to proceed as individual arbitrations.

Each case is assigned to a different arbitrator. Remaining disputes are held in abeyance and no arbitration fees are assessed for them. After Stage One, the parties shall participate in a global mediation session (mediator jointly selected; KM pays mediator's fee). Stage Two: If remaining disputes are unresolved after Stage One mediation, counsel for each side shall select an additional 25 disputes (50 total) to proceed as individual arbitrations (no more than 3 cases per arbitrator). Remaining disputes continue to be held in abeyance. After Stage Two, the parties shall participate in another global mediation session (KM pays mediator's fee).

After Stage Two Any remaining disputes not settled or withdrawn after Stage Two mediation shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Counsel may mutually agree in writing to continue further staged arbitration or another mutually agreeable process.

* All applicable limitation periods are tolled for your dispute from the time it is first submitted to the AAA until it is selected to proceed, settled, withdrawn, or resolved under this process.

19.7  Future Changes to the Arbitration Agreement: If KM makes any future changes to this Arbitration Agreement (other than changes to contact information), you may reject the change by sending a personally signed written notice — clearly describing the changes you wish to opt out of — to: KM Home Furniture LLC, Attn: Legal, 22121 Katy Freeway Katy, Texas 77450, or by emailing legal@kassamall.com, within 30 days of the change. Such notice does not constitute an opt-out of arbitration altogether; you will still be bound by this version of the Arbitration Agreement.

19.8  Thirty-Day Initial Opt-Out: You may opt out of the arbitration agreement entirely by sending written notice to KM Home Furniture LLC, 22121 Katy Freeway Katy, Texas 77450, or by emailing service@kmhomefurniture.com within 30 days of your first purchase. Opting out does not affect any other provision of these Terms.

19.9  Class Action & Representative Action Waiver: ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. BOTH YOU AND KM HOME FURNITURE WAIVE ANY RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION, SERVE AS A CLASS REPRESENTATIVE, OR PARTICIPATE IN ANY COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. The small claims court or arbitrator has no authority to hear class or representative claims. The parties retain the right to participate in a class-wide settlement. If this waiver is found unenforceable, this entire Section 19 dispute-resolution provision shall be void.

19.10  Jury Trial Waiver: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOTH YOU AND KM HOME FURNITURE WAIVE THE RIGHT TO A JURY TRIAL IN ANY DISPUTE PERMITTED TO PROCEED IN COURT.

19.11  Arbitration Agreement Survival: This Arbitration Agreement survives: (i) cancellation of your order; (ii) termination of any agreement between you and KM; (iii) any bankruptcy proceeding; and (iv) any transfer or assignment of these Terms. It applies to disputes arising before, on, or after the date of your purchase, regardless of whether any warranty is in effect.

19.12  DTPA Waiver for Commercial Purchasers: If you are purchasing goods for business purposes and qualify as a "business consumer" under the Texas Deceptive Trade Practices Act, Tex. Bus. & Com. Code § 17.42(a)(3) (assets or net worth exceeding $25 million, or represented by legal counsel), you expressly waive all DTPA rights and remedies to the maximum extent permitted by law. This applies only to qualifying business purchasers and does not affect individual consumer rights.

19.13  State Consumer Protection Laws: Nothing in these Terms limits rights that are non-waivable under mandatory state consumer protection statutes. To the extent any provision conflicts with a mandatory, non-waivable right in the customer's state of residence, that provision shall be modified only to the minimum extent necessary to comply, and all other provisions remain in full force.

SECTION 20 — GENERAL PROVISIONS

20.1  Entire Agreement: These Terms and Conditions, together with your sales receipt and any written addenda, constitute the entire agreement between you and KM Home Furniture with respect to your purchase and supersede all prior oral or written representations, negotiations, or agreements. No salesperson, employee, or agent of KM has authority to modify these Terms orally. These Terms may not be changed except by a written agreement signed by both you and KM.

20.2  Modification of Terms: KM reserves the right to update or modify these Terms at any time. Disputes will be resolved under the Terms in effect at the time of purchase. The current version is always available at kassamall.com.

20.3  Assignment: KM may assign its rights and delegate its duties under these Terms at any time to any party without notice to you. You may not assign these Terms or any rights hereunder without KM's prior written consent. These Terms inure to the benefit of KM's successors and assigns.

20.4  Survival: The following provisions survive any termination or expiration of these Terms and continue in full force and effect: indemnification obligations (Sections 13.3, 13.4); limitation of liability (Sections 8.4, 19); governing law and venue (Section 19.1); the Dispute Resolution / Arbitration Agreement (Section 19) including the class action waiver and jury trial waiver (Sections 19.9, 19.10); the technician resolution agreement (Section 16); title and collection rights (Section 13); and the one-year claim limitation period (Section 19.3).

20.5  Electronic Communications: These Terms and any notices, confirmations, or other communications between you and KM may be provided electronically to the extent permissible by law. Please save or print a copy of all documentation for your records.

20.6  Severability: If any provision of these Terms is found invalid, void, or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect, except that if the class action waiver in Section 19.9 is found unenforceable, the entire Section 19 dispute resolution provision shall be void.

20.7  Waiver: KM's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision will be effective only if in writing and signed by KM.

20.8  UN Convention Exclusion: The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to any transaction governed by these Terms, regardless of the location of the parties.

20.9  Headings: The headings in these Terms are for convenience only and do not affect interpretation.

SECTION 21 — CUSTOMER AUTHORIZATION & SIGNATURE:  DECLARATION UNDER PENALTY OF PERJURY: By purchasing goods or services from KM Home Furniture, I hereby declare that all information submitted as part of this purchase at kassamall.com or in person at KM Home Furniture is true and accurate to the best of my knowledge. I am directly involved in this purchase and will receive all items described in this order. I understand my obligation to pay the total amount stated. I understand that false, inaccurate, or incomplete information may result in legal action by KM Home Furniture, including recovery of collection costs and attorneys' fees. In the event of a dispute, I authorize KM Home Furniture to access the property to recover all items as permitted by law. All disputes, arbitrations, or litigation will be processed under the laws of the State of Texas in Harris County.

*  IMPORTANT: To allow our delivery technicians to perform their work, please ensure an open and clean space at the area of delivery and assembly. Technicians will not remove, dispose of, or relocate any furniture not included in the assembly service purchased through KM Home Furniture.

I authorize KM Home Furniture LLC to contact me via email or SMS with order updates, promotions, and new offers.

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