Retailers: Return Defective Merchandise

My question involves a consumer law issue in the State of: TX



I bought a new table online from a local furniture store and had it delivered

The table was delivered and assembled by the delivery man

I noticed after delivery that the table had a wobbly base and noticeable tilt

I alerted the merchant that the table was defective and that I wanted to return the table

They requested photos and video showing the tilt and wobble, which I provided

They acknowledged the defect and said their manufacturer would replace the table



Their return policy is listed in the terms and conditions web-page where it states:

- orders that are returned or refused are subject to a 20% restock fee

- delivery and freight costs of the returned items must be paid for by the customer



Also on this web-page, the warranty for merchandise is:

- materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied.

- to the fullest extent permissible pursuant to applicable law, merchant disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement



Currently they want to charge me about $500 in return shipping fees and restocking fees (for a $1000 table)



Can they charge me to return or exchange a defective piece of furniture?

Retailers: Return Defective Merchandise