By using this website located at the Site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree with the terms and conditions of using this Website Usage Agreement, please do not use this Site. We reserve the right to, as determined in our discretion, update or revise any terms or conditions herein at any time. Please check the Website Usage Agreement periodically for changes.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. The Company sells goods and services to adults who can purchase with a credit card or other similar means. If you are under 18 years of age, you may use the Site only with the involvement and consent of a parent or guardian. The company and its affiliates reserve the right to at any time refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
When you visit the Site or send an e-mail to us, you are communicating with us electronically without limitation, and therefore consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and that you hereby consent to receive promotional, transactional, or service related email communications from us, without limitation.
LICENSE AND SITE ACCESS
Use of the Site grants authorized persons a limited license to access and make personal use of this Site, and not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, nor any portion of this Site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express wrote consent of BeanBagsComfort.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site and our affiliates without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing the Company name or derivative names or marks, without the express written consent of BeanBagsComfort.com. Any unauthorized Site use terminates the permission or license granted by Company. You, as a consumer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site, so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without our express written permission.
RESTRICTIONS ON USE OF MATERIALS
This Site is owned and operated by BeanBagsComfort. All information of any kind or nature, received, viewed, or communicated in connection with the Site, including customer account information, is deemed to be owned, controlled, and reserved for any and all legitimate business purposes, without limitation, by BeanBagsComfort. No materials, information, data, or images may be copied, reproduced, transmitted, republished, uploaded, posted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification or use of the materials, information, goods, or services obtained through the use of the Site, or use of the materials within the Site for any other purpose, is a violation of the Company’s copyright and other proprietary and contractual rights. The use of any such material on any other website or networked computer environment is prohibited. Except as otherwise indicated on this Site and except for the trademarks, service marks, and trade names of other companies that are displayed on the Site, all trademarks, service marks, and trade names are proprietary to Company.
In the event that you access or download any textual information, images, data, or software from the Site, the software, including any textual information, images, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are non-exclusively licensed to you, as an authorized user, under this Site Use Agreement. Company reserves all rights to information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or related Software to you. Company retains full and complete title to the Software, and all intellectual property rights therein to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any textual information, images, files, data, or Software to any human-perceivable form, without the exclusive written permission from BeanBagsComfort.
BeanBagsComfort and its affiliates attempt to be as accurate as possible. However, BeanBagsComfort does not warrant that the product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. If a product offered by BeanBagsComfort itself is not as described, your sole remedy is to return it and its packaging in unused condition.
LIMITATION OF LIABILITY
In no event will Company be liable to any party, for any direct, indirect, special, incidental, or consequential damages for any losses associated with the use of the Site, or the textual information, images, data, files, software or materials found within, including, without limitation, any lost profits, business interruption, loss of programs or other data, even if BeanBagsComfort is expressly advised of the possibility of such damages.
RISK OF LOSS
All items purchased from or through BeanBagsComfort, the Site or related online venues are made pursuant to a third party shipment contract whereby we provide services for the delivery of your items. This means that the risk of loss and title for such items pass to you upon our delivery of your goods to the shipping carrier. To the extent, you receive goods or services from BeanBagsComfort, but have not paid for such goods or services, and subsequently fail to pay for goods or services obtained in any manner, BeanBagsComfort, in its sole discretion, reserves the right to charge you (i) interest in the amount of 1.5% compounding monthly, or, (ii) interest in the maximum amount allowable under law, should you receive until such time all principal amounts and interest have been paid in full. Irrespective of all affirmative defenses you may raise, you are at all times obligated to immediately pay for such goods or services obtained from BeanBagsComfort, of whatever kind or nature.
RETURNS AND EXCHANGES
Returns for any products are accepted within 30 days of original purchase for buyer’s remorse as long as the item is in resellable condition. Any returns will incur a 15% restocking fee and the customer must pay for return freight. Replacements will be made within 90 days for products that have any manufacturer defect. Please contact us via email regarding any issues.
SHIPPING OVERSIZED PACKAGES
If your package is oversized, we may email you a quote for shipping that differs from the amounts listed on the Site. We will not ship your order until we get your approval.
PURCHASE AND PRODUCT PRICING
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, an error in pricing, the item becoming out-of-stock, a photo being inaccurate, or product information or otherwise, Company shall have the right to refuse or cancel any orders placed for that product(s) listed at the incorrect price. BeanBagsComfort has the right to refuse or cancel any such orders whether or not the order has been confirmed and the user’s credit card charged. If the User’s credit card has already been charged for the purchase and his/her order is canceled, BeanBagsComfort shall issue a credit to the user’s credit card account in the amount of the charge.
BeanBagsComfort makes no claims that the Site is appropriate or may be downloaded outside of the United States. Access to the Site may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
COPYRIGHT AND TRADEMARK PROTECTION
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (hereinafter referred to as “Site Content”), are the property of BeanBagsComfort, (or its suppliers), and are protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of BeanBagsComfort (or its suppliers) and protected by the U.S. and international copyright laws. In addition to the copyright protection rights afforded under Federal law, BeanBagsComfort, together with its affiliate companies, successors, and assigns, hereby reserves any and all rights pertaining to certain Federal trademark applications extending to various iterations and forms of Company’s trademarks, and such other applications as submitted hereafter. This Agreement reserves the sole and exclusive use of all Site Content, as well as the use of Company Name in all forms and iterations, Trademarks, Internet domains, and related Intellectual Property, as the sole and exclusive property of Company or its affiliates, as applicable, which shall not be used in any manner.
LINKS TO OTHER WEBSITES
Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature, or reliability of web sites accessible from this Site, or web sites linking to this Site.
This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with the involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors, and others under your care. You agree to be responsible for their use of this website.