Terms of service

OVERVIEW
This website is operated by Kydeco. Throughout the site, the terms “we”, “us” and “our” refer to Kydeco. Kydeco offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

KYDECO BUYER AGREEMENT

This Buyer Agreement (“Agreement”) governs all purchases made from Kydeco, LLC (“Kydeco,” “We,” “Us,” “Our”) through our website, invoices, checkout links, or direct sales channels. By completing a purchase, you (“Buyer,” “You,” “Your”) agree to all terms set forth below.

Chargebacks & Disputes

Once payment has been successfully processed, the Buyer irrevocably waives all rights to initiate credit card chargebacks, bank disputes, payment processor claims, reimbursements, refunds, or transaction reversals under any circumstances, to the fullest extent permitted by law.

Any concerns, questions, or issues must be raised directly with Kydeco prior to delivery and acceptance of the item.

Nature of Goods

Kydeco specializes in open-box, pre-owned, consigned, and resale furniture and home goods. Unless expressly stated otherwise in writing, items may show signs of prior use, handling, storage, or refurbishment.

All items are sold as-is, where-is, with no warranties, guarantees, or representations beyond those expressly stated by Kydeco in writing.

Item Descriptions & Condition

Kydeco provides photographs, measurements, and written descriptions to the best of its ability. Minor variations in color, texture, finish, wear, or appearance may occur due to lighting, photography, handling, or manufacturing differences.

All measurements are approximate. It is the Buyer’s sole responsibility to confirm that items will fit through doorways, elevators, staircases, and intended spaces prior to purchase.

Pricing & Payment

All prices are listed in U.S. Dollars unless otherwise stated. Prices may change at any time prior to purchase.

Full payment is required before any item is released, scheduled, or delivered. Once payment has been successfully processed, the transaction is considered complete.

Shipping & Delivery Fees

Shipping and delivery fees are determined based on actual third-party carrier costs and Kydeco’s internal delivery expenses. Local Kydeco-managed deliveries are calculated based on the true cost to perform the delivery and are not based on the amount charged to, or paid by, the Buyer.

From time to time, Kydeco may offer promotional incentives or marketing discounts, including free or reduced shipping. Such promotions do not reflect actual delivery costs and do not alter Kydeco’s internal cost calculations.

Kydeco retains sole discretion in determining shipping methods, delivery services, and associated costs.

Delivery Terms

Delivery timelines are estimates only and are not guaranteed. Kydeco is not responsible for delays caused by third-party carriers, weather conditions, access limitations, scheduling constraints, or circumstances outside Kydeco’s control.

Curbside delivery consists of drop-off at the exterior of the building only. Indoor placement, assembly, packaging removal, stair carries, or furniture setup are not included unless expressly agreed to in writing.

Inspection Upon Delivery & Completion of Inspection Period

Buyers are provided the opportunity to visually inspect items at the time of delivery. Items are typically delivered securely wrapped for transport. The Buyer has the right to request that the delivery team unwrap the item for inspection prior to acceptance.

Upon delivery, the Buyer will be asked to sign a delivery receipt or “Received” form acknowledging receipt and completion of the inspection.

If the Buyer identifies a material defect that was not disclosed prior to purchase, the Buyer must document the issue and notify Kydeco before signing the delivery receipt, including providing clear photographic evidence of the alleged defect.

For purposes of this Agreement, a Material Defect means a condition that materially differs from the item description or disclosed condition provided by Kydeco at the time of sale. Normal wear consistent with the stated condition, minor imperfections, color or texture variations, and issues resulting from access limitations, handling, or movement after delivery do not constitute material defects.

If a Buyer rejects delivery without identifying a valid, undisclosed material defect, or rejects an item for reasons including but not limited to buyer preference, change of mind, fit issues, or defects that were previously disclosed or visible in listing materials, the item shall be deemed accepted for purposes of this Agreement. The transaction will remain final, and no refund, return, or reversal will be issued.

If such rejection requires the item to be returned to Kydeco’s warehouse, the Buyer will be responsible for a $75 re-delivery fee for any subsequent delivery attempt. Alternatively, the Buyer may arrange to pick up the item directly from Kydeco’s warehouse at no additional charge.

The signing of the delivery receipt or “Received” form solely marks the conclusion of Kydeco’s discretionary inspection and refund review window. Execution of this form constitutes the Buyer’s acknowledgment that the item has been received and inspected, and that any determination regarding refunds or remedies is at Kydeco’s sole discretion and has concluded.

No Returns, Refunds, or Exchanges

All sales are final. Items are not eligible for returns, refunds, or exchanges for reasons including, but not limited to, buyer’s remorse, fit issues, aesthetic preferences, or space constraints.

Cancellations before a scheduled delivery date: Any order cancelled within 24 hours of the time the order was placed will incur a 20% restocking fee. After 24 hours, all cancellations will be subject to a 35% restocking fee. After one week all orders are considered final and confirmed and cannot be cancelled.

Storage & Delivery Delays

If delivery is delayed due to Buyer unavailability, access issues, scheduling changes, or failure to accept delivery, Kydeco may assess reasonable storage, re-delivery, or handling fees.

Failure to accept delivery within a reasonable timeframe may result in the item being resold, donated, or otherwise disposed of without refund.

Items can be held for up to 10 days after purchase. After this period, a storage fee of $50 per week will be charged. If other arrangements are made with a representative for a further-out delivery date, then no fees will be incurred. If that date is postponed, storage fees will accrue 10 days after the scheduled date.

If an exact delivery date is not provided but an estimated timeframe is given, the latest date provided will be treated as the scheduled delivery date. Storage fees will begin to accrue 10 days after that date unless another arrangement is confirmed with a representative. 

Risk of Loss

Risk of loss transfers to the Buyer once the item is delivered to the Buyer or released to a third-party carrier. Kydeco is not responsible for damage occurring after this point.

Limitation of Liability

To the maximum extent permitted by law, Kydeco shall not be liable for any indirect, incidental, or consequential damages. Kydeco’s total liability, if any, shall not exceed the amount paid by the Buyer for the item.

Marketing & Media

Kydeco retains the right to use photographs, videos, descriptions, and related media of items for marketing, advertising, and promotional purposes, including after the item has been sold.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles.

Acceptance

By completing a purchase with Kydeco, the Buyer confirms that they have read, understood, and agreed to all terms contained in this Buyer Agreement.

Changes to these Terms

We may change the Terms and the Services without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms are effective upon our posting through the Services, and any use of the Services after such revisions have been posted and any opt in consent that you may provide through the Services

KYDECO SELLER AGREEMENT

This agreement (“Agreement”) outlines the terms under which customers (“You,” “Your,” or “Owner”) consign or deliver furniture and related goods (“Items”) to Kydeco, LLC (“Kydeco,” “We,” “Us,” “Our”).

Item Drop-Off & Acceptance

  • Items may be delivered to Kydeco at a mutually agreed location or directly to our facility.

  • There are no pickup fees, cancellation fees, or scheduling penalties.

  • Kydeco reserves the right to decline any item at its discretion. Items that are illegal, unsafe, hazardous, counterfeit, or not lawfully owned by the Owner will not be accepted.

  • Once accepted, items will not be returned. If Kydeco chooses to return any item, notice will be provided. If you do not collect the item within 10 days, ownership will remain with Kydeco, and Kydeco may sell, donate, or discard the item as it sees fit.

Item Ownership

  • By consigning or delivering items to Kydeco, ownership of all items transfers immediately to Kydeco at the time of drop-off or acceptance.

  • Once Kydeco has taken possession, Kydeco has full authority to price, market, sell, donate, or otherwise dispose of the items at its sole discretion.

  • You are entitled only to the proceeds of a sale, as outlined in the Sales, Pricing & Payments section.

  • If an item does not sell, Kydeco has no obligation to return it and may donate or discard it without notice.

Item Return Requests

Although ownership of all items transfers to Kydeco at the time of acceptance, Kydeco may, at its discretion, agree to return an item to the Owner if the item has not yet been sold.

  • To request the return of an item, the Owner must contact Kydeco before the item is sold.

  • Prior to release, the Owner must pay all applicable storage, handling, and service fees incurred while the item was in Kydeco’s possession.

  • All returns must be picked up directly from Kydeco’s warehouse; Kydeco does not provide delivery for returned items.

  • If the Owner fails to collect the returned item within 10 days of notice, ownership remains with Kydeco, and Kydeco may sell, donate, or dispose of the item at its discretion.

Consignment Terms

By providing items to Kydeco, you represent and warrant that:

  • You have full legal rights and authority to transfer ownership of the items to Kydeco.

  • To the best of your knowledge, the items are authentic and lawfully obtained.

  • You will disclose any known issues or defects with the items.

Kydeco may clean, repair, or make adjustments to items to improve marketability. Costs associated with these improvements (“Service Fees”) will be deducted from sale proceeds.

Sales, Pricing & Payments

  • Payments are issued in U.S. dollars, upon request, via check, bank transfer, or PayPal. If an Owner submits multiple items, Kydeco will issue a single consolidated payout after all submitted items have sold, unless otherwise agreed in writing.

  • Sales Price means the final price paid by a buyer, excluding sales tax, shipping, delivery, and payment processing fees.

  • Shipping and delivery fees are determined based on third-party carrier costs and Kydeco’s internal delivery expenses. Local Kydeco-managed deliveries are calculated based on the true cost to perform the delivery and are not determined by the amount charged to, or paid by, the buyer.

    From time to time, Kydeco may offer promotional incentives or marketing discounts, including free or reduced shipping to buyers. Any such promotions do not reflect the actual delivery cost and do not affect the calculation of shipping or delivery expenses for purposes of this Agreement.

    Kydeco retains sole discretion in determining all shipping and delivery costs, whether fulfilled through third-party carriers or Kydeco’s in-house logistics.

  • Permitted Deductions include Service Fees (repairs, cleaning, etc.) and third-party selling fees.

  • Payout Percentage: Owners receive 35% of the Sales Price after Permitted Deductions.

  • Final Proceeds: (Sale Price – Permitted Deductions) × 35%.

Example:
Item sells for $800
Service Fee: $30
Net Sale: $770
Your Payment (35%): $269.50

Additional Sales Terms

  • Kydeco has sole discretion in setting sales prices, but may consider suggested prices from Owners.

  • Items may be sold directly by Kydeco or through trusted resellers.

  • Kydeco does not guarantee that any item will sell.

  • Payments are issued in U.S. dollars, upon request, via check, bank transfer, or PayPal.

Liability

  • Kydeco assumes no responsibility for damage, loss, theft, or deterioration of items once accepted.

  • By consigning items, you acknowledge and accept this condition.

Marketing & Use of Content

  • Kydeco may photograph, describe, and promote items for resale across various marketing channels.

  • Photos, descriptions, and related media may be used by Kydeco for advertising and promotional purposes.

Final Terms

  • All decisions regarding the resale, donation, or disposal of items rest solely with Kydeco.

  • While Kydeco’s goal is to maximize sales, no specific outcome or return is guaranteed.

  • By consigning or delivering items to Kydeco, you agree to all the terms in this Agreement.

 

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Miracle Furniture Tampa, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Miracle Furniture Tampa and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@kydeco.com.