This website is operated by BeYouChair.com. Throughout the site, the terms “we”, “us” and “our” refer to BeYouChair.com. BeYouChair.com 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 them carefully. In addition, when you visit or purchase via a link on our website from any business partner of BeYouChair.com (e.g. a web shop, Facebook or other links), you also will be subject to these Terms of Service.
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 (pre)sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
BeYouChair.com operates predominantly as a pre-order store. The terms of sale and delivery differ greatly from those of a regular online store.
When getting any BeYou items as part of our crowdfunding / pre-order campaigns, you are supporting an entrepreneurial endeavour and getting a reward, you are not buying a product in a regular online store.
When you support our pre-order campaigns, you are helping to create something new, not purchasing something that already exists.
The products are given to you as a token of our appreciation for you and the support you have given us.
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.
All pre-orders placed on www.beyouchair.com entail the customer’s complete and unconditional acceptance of these Terms of Service. These Terms of Service will always prevail over any other conditions not expressly approved by BeYou Chair.
You may not use our products for any illegal or unauthorised 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
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.
While we try in good faith to be as accurate as possible, we do not warrant that product descriptions or other content is accurate, complete, reliable, or error free. From time to time there may be information on BeYouChair.com that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
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.
When you visit this website or send e-mails to us, you are communicating with us electronically. You hereby 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 notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SECTION 4 - MODIFICATIONS OF THE SERVICE AND PRICES
Prices and availability 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.
The prices of the products featured on BeYouChair.com are net prices based on the US Dollar (USD). The prices displayed in other currencies are converted from their base prices in US Dollar (USD), which does mean that prices displayed in foreign currencies may vary.
The prices do not include import tax and duties. Should your package become examined and deemed taxable by your local customs, payment of these is the responsibility of the buyer.
BeYouChair.com does not provide tax refund slips.
Payment can be made by any credit card listed during the ordering process.
Payment must be made before the delivery of any products can occur.
All credit card holders will be subject to a validation check carried out by the issuer of the card, who must also authorise the holder to use the card. The personal data of the credit card holder required for this check may be exchanged with third parties. We cannot be held responsible for any delays or the non-delivery of the order in the event that the issuer of the card does not authorise the payment.
SECTION 5 - PRODUCTS OR SERVICES
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 and Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any colour 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 our sole discretion. 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.
BeYouChair.com attempts to be as accurate as possible. However, BeYouChair.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
Whilst all efforts are made to ensure accuracy of product descriptions, specifications and pricing, there may be occasions where errors arise. Should such a situation occur BeYouChair.com cannot accept your pre-order. In the event of a mistake, you will be contacted with a full explanation and a corrected offer. The information displayed is considered as an invitation to treat not as a confirmed offer for sale. The contract is confirmed upon supply of goods.
Given the popularity and/or supply constraints of some of our products, BeYouChair.com may have to limit the number of products available for purchase. BeYouChair.com reserves the right to change quantities available for purchase at any time, even after you place a pre-order.
Both parties agree that, following pre-order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer.
All transactions on BeYouChair.com are processed by BeYouChair which is located in the USA. Reach us anytime at firstname.lastname@example.org. For any other type of purchases, these terms are an agreement between you and BeYouChair and goods and/or services will be delivered by BeYouChair directly.
SECTION 6 - COPYRIGHT AND TRADEMARKS
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BeYouChair.com and protected by applicable international copyright laws. The compilation of all content on this site is the exclusive property of BeYouChair.com and also protected by applicable copyright laws. All software programs and plugins used on this site are the property of BeYouChair.com or its software suppliers and protected by applicable copyright laws.
BeYouChair.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
BeYou® and other marks indicated on our site are registered trademarks of BeYouChair.com. BeYouChair.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of BeYouChair.com. BeYouChair.com's trademarks and trade dress must not be used in connection with any product or service that is not BeYouChair.com's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits BeYouChair.com. All other trademarks not owned by BeYouChair.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BeYouChair.com or its subsidiaries.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any pre-order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per pre-order. These restrictions may include pre-orders placed by or under the same customer account, the same credit card, and/or pre-orders that use the same billing and/or shipping address. In the event that we make a change to or cancel a pre-order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the pre-order was made. We reserve the right to limit or prohibit pre-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 safety and security, each customer is allowed to create only one registered account by default. For customers who attempt to create several accounts, we reserve the right to suspend accounts without further notice.
For more details, please review our Returns Policy.
SECTION 8 - 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 9 - 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 10 - USER COMMENTS, FEEDBACK, REVIEWS AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries, product images, etc.) 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 11 - CUSTOMER CONDUCT
Although BeYouChair.com will always strive to resolve issues to the satisfaction of the customer in a professional, courteous and friendly fashion, we will not tolerate any unacceptable or unreasonable behaviour towards our Customer Service Team members.
Unacceptable behaviour directed towards Customer Service staff or BeYouChair.com may, for example, include any of the following:
Aggressive, abusive and threatening behaviour. Examples include: any and all direct or implied threats on any communication channel; intimidating language; personal and verbal abuse; sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory statements; swearing; and unsubstantiated allegations.
Persistently making habitually demanding or vexatious complaints, despite the matter having been fully addressed; similarly, repeating complaints persisting despite reasonable and fair solutions being offered in accordance with our policies.
Asking, expecting or demanding staff to breach established company policy guidelines, e.g. refund amount, timelines, special compensation, etc.; similarly, seeking an unrealistic outcome beyond the scope of our own policies and procedures.
Repeatedly changing the nature (or focus) of a complaint or the desired outcome, part way, after a formal response has been provided.
Excessive number of complaints compared to the total purchase value history.
For such behaviour, complainants may be advised and formally notified of the following:
Their language is considered offensive, abusive, threatening, and wholly unacceptable.
They must refrain from using such language, intimidation, and threats.
There will be no further exchange of correspondence on the matter if they persist with this behaviour.
BeYouChair.com reserves the right to no longer accept pre-orders from the customer in the future without further notice.
SECTION 12 - LICENSE AND SITE ACCESS
BeYouChair.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BeYouChair.com. 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 or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BeYouChair.com.
You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BeYouChair.com and without express written consent of BeYouChair.com. You may not use any meta tags or any other "hidden text" utilising BeYouChair.com's name or trademarks without the express written consent of BeYouChair.com. Any unauthorised use terminates the permission or license granted by BeYouChair.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BeYouChair.com so long as the link does not portray BeYouChair.com or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any BeYouChair.com logo or other proprietary graphic or trademark as part of the link without express written permission.
SECTION 13 - PERSONAL INFORMATION
SECTION 14 - 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 pre-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 pre-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 15 - CROWDFUNDING / PRE-ORDER CAMPAIGNS
Crowdfunding is defined as the collecting of resources (funds, money, tangible goods, time) from the population at large through an internet platform.
In return for their contributions, the crowd can receive a number of tangibles or intangibles, which depend on the type of crowdfunding.
Crowdfunding involves three participants:
- the crowd (contributors / pre-order customers);
- a hosting platform (our website); and
- the crowdfunding campaign creator (BeYouChair)
BeYouChair.com operates predominantly as a crowdfunding / pre-order website.
When getting any BeYou items as part of our crowdfunding / pre-order campaigns, you are supporting an entrepreneurial endeavour and getting a reward, you are not buying a product in a regular online store.
When you support our pre-order campaigns, you are helping to create something new, not purchasing something that already exists.
The products are given to you as a token of our appreciation for you and the support you have given us. At times, the product you are pre-ordering could go through an iterative process, resulting in changes to its design and/or functionality. This is only done with your best interest in mind as we always try to provide you with a reward you will enjoy for many years to come.
Your card will be charged at the time you place your pre-order. The pre-order charge may or may not include the shipping charge for your product - this information will be clearly provided on the campaign page itself. If shipping is charged later than the pre-order charge, you will receive an email notification when it’s time to return to our store to settle the shipping charge for your pre-order.
This business model has allowed our company to exist and we could not be more grateful to the entire pre-order community. We appreciate your understanding of our policy and your continued support.
Pre-order items do not include a warranty, unless explicitly specified in the campaign.
The benefits of supporting a pre-order campaign include but are not limited to:
- exclusive perks and discounts of up to 50% from retail price
- active involvement in the development process - which means you often get a say in what the product will look like
- priority delivery - you are among the first people in the world to receive the items before we make it available to the greater public
- helping to protect the planet - we optimise stock management, reducing overstock and our carbon footprint
Your support of a pre-order campaign does not always guarantee that you will receive a product.
If you experience a manufacturing defect while being covered under a crowdfunding / pre-order campaign’s warranty period, please contact us. We reserve the right to repair at a reasonable cost and/or offer monetary partial compensation, send you replacement parts or simply provide you with a free resolution.
Please be aware that certain delays may occur with the manufacturing and the shipment of your replacement parts. Considering the naturally occurring variations in wood grains, identifying the perfect wood finish in some cases may not be possible.
Please communicate all warranty issues by email at email@example.com so we can provide you with a prompt service.
BeYouChair.com meticulously ensures that each product is in strict keeping with its quality criteria and that it passes all of our checks, both technical and esthetic.
The product is considered to be defective if it is damaged upon receipt or if a manufacturing fault is reported in accordance with and within the warranty period of the product in question.
Items damaged through normal wear and tear will not be considered to be defective
Any warranty, or implied warranty, is only valid for the period of time the BeYou chair product is owned by the original purchaser of the product. The original purchaser, for the purposes of this warranty, will be the individual whose details are associated with the website pre-order. Please retain a copy of the receipt which was sent to the email address on record.
In order to identify and assess the warranty issue, photos of the defective product and/or parts, the order number and original proof of purchase will have to accompany any warranty request.
What is not included in a crowdfunding / pre-order campaign warranty:
- Normal wear and tear or aging of your BeYou products, including but not limited to the normal distressing of the color/finish of your products, as a result of long-term use and/or direct exposure to sunlight.
- Damage due to non-compliant assembly.
- Damage resulting from maintenance, repairs or disassembly not performed by an after-sales service center approved by BeYouChair.com
- Any chair with signs of impact or shock on the body of the product.
- re-orders for which proof of purchase is missing.
- Any stains, burns, heat marks, scratches, cuts, or liquid/moisture damage resulting from use by customers or their environment.
- Damages or warping issues due to a living environment of drastic temperature changes. Products should not be placed in temperatures below 10 degrees C or outdoors.
- Any BeYou product that is sold by an unauthorized retailer and/or sold as “used” or using any other verbiage indicating that the product is not “new”.
- Any damages incurred during transportation and delivery.
Upon analyzing the information in the request for the return of a defective product, we reserve the option to not follow up on your request for legitimate reasons (warranty period expired, defect not covered by the warranty, inappropriate use of the product, etc.).
You may request a full refund within 15 days from the time you placed your pre-order on our site.
After the 15 days have passed, your funds may have already been used towards the production of your items and a refund will likely not be possible.
Beyouchair.com does not provide receipts or invoices beyond the pre-order confirmation email that you should have received after your transaction.
We owe our crowdfunding / pre-order customers a high standard of effort, honest communication, and a dedication to bringing the campaign to life.
At the same time, the crowdfunding / pre-order customers understand that when working to deliver a crowdfunding / pre-order campaign, the campaign creator (BeYouChair.com) may run into repeated challenges or delays, and there’s a chance something could happen that prevents BeYouChair.com from being able to complete the campaign as promised.
In the unlikely situations where extreme challenges come up and we are unable to deliver on a crowdfunding / pre-order campaign, we will openly communicate with all the campaign's crowdfunding / pre-order customers extensive details about the challenges we've encountered, how these challenges have affected our funds and our ability to deliver on our campaign and how we plan to move forward with that campaign.
For some or all crowdfunding / pre-order campaigns, we may decide to charge the shipping fees for each pre-order separate from the value of the order itself. This is done with fairness and our crowdfunding / pre-order customers' best interest in mind - shipping charges may fluctuate from one month to another and our aim is to charge realistic, up to date shipping fees.
Our commitment to all crowdfunding / pre-order customers is to:
- extend every effort to complete and deliver the campaign according to the estimated timeline shared with all crowdfunding / pre-order customers
- maintain open, transparent communication with regards to the progress we are making once the production has started for the crowdfunding / pre-order customers
- share regular updates in which we detail the steps we take, how we use the funds received from all pre-orders and what challenges we encounter along the way
The estimated delivery provided on the campaign page is just an estimate - this is not a guarantee that we will deliver your product by that time because the schedule may change as we work through potential challenges that might come along during the project.
BeYouChair.com will make every effort to include all key information relevant to crowdfunding / pre-order campaigns as often as possible in all communication with our crowdfunding / pre-order customers. When participating in our crowdfunding / pre-order campaigns, crowdfunding / pre-order customers understand and agree with all Terms of Service published and updated on this page.
SECTION 16 - PROHIBITED USE
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 17 - DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITIES
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.
The products offered on BeYouChair.com are intended for personal use, and the products sold are not designed for professional use. BeYouChair.com will not be held responsible in the event of harm or damage, whether direct or indirect, personal or material or intangible, linked to the use or operation of the pre-ordered products.
BeYouChair.com will not be held liable in the event of non-compliance with the legislation of the country to which the products are delivered: it is the responsibility of the customer to inform themselves about the authorities of the importing country in order to know whether the product is allowed there.
In no case shall BeYouChair.com, 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.
BEYOUCHAIR.COM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BEYOUCHAIR.COM SHALL CREATE ANY WARRANTY.
SECTION 18 - TERMS AND CONDITIONS OF SALE
Intended Use; Manufacturer’s Information
BeYouChair.com is in no case obliged to enquire about the intended use by the Customer of the Products.
If the written Manufacturer’s Information, including, but not limited to, information about the purpose and use of the Products differs from information provided to the Customer by BeYouChair.com's employees, only the Manufacturer’s Information shall be binding. Should the Manufacturer’s Information be incomplete, it is the sole duty of the Customer to clarify the correct use and application of the Product with BeYouChair.com. BeYouChair.com hereby declines any liability for inadequate advice and/or information provided to the Customer.
BeYouChair.com limits its product warranty to product defects due to failures in workmanship and material for a period of one (1) year as of evidenced date of delivery of the Contract Product, provided, however, all instructions of use, operation and application of the Product have been observed and the Product was deployed according to its intended use and/or was properly warehoused/stored according to BeYouChair.com's instructions.
BeYouChair.com further warrants that its Products meet the guaranteed properties and are suitable for their intended use.
BeYouChair.com only warrants that its Products are compliant with their specifications. Customer hereby acknowledges and accepts that BeYouChair.com cannot be and is not conversant with all local laws and regulations that may apply to its products. Customers undertake that once they have placed a pre-order with BeYouChair.com, it is their sole responsibility to comply with such local laws and regulations. The Customer accepts that certain Products may not be sold in specific countries. Should they wish to use a product with a different certification than the Products offered by BeYouChair.com, it is their sole responsibility to place a pre-order with a third-party entity whose products comply with all local laws and regulations.
In case of a warranty claim, Customer's sole entitlement shall be, at BeYouChair.com's sole discretion, repair or replacement of the defective product. In no case shall Customer be entitled to withdraw from the contract against repayment of the purchase price (rescission of sale) or to request and compensate any price reduction.
Any warranty shall lapse if the Products have been modified in any way and the defect is a consequence thereof.
Returning defective Products to BeYouChair.com shall only be permitted if prior written consent from BeYouChair.com has been obtained. The defect shall, in any case, be substantiated in detail in order for BeYouChair.com to identify the defect. In case of returns of Products without BeYouChair.com's prior consent, all carriage and handling costs incurred by BeYouChair.com in connection with sending back the Products with no identifiable defects shall be for Customer's account.
If the warranty claim proves justified, BeYouChair.com shall take the goods back for repair or replacement. BeYouChair.com may at its discretion grant customers credit instead. Warranty and compensation claims in excess of the foregoing shall be excluded within the limits of mandatory law. Any liability for damages, including, but not limited to, direct, indirect, consequential, special and other loss or damage due to loss of sales, profits, savings or due to third party claims as well as for simple negligence shall be expressly waived and excluded. It is the Customer's duty to prove BeYouChair.com's gross negligence.
Any and all warranty claims on the part of Customer against BeYouChair.com which may arise shall become time-barred one (1) year from the date of delivery of the Products to Customer.
The buyer is responsible for lodging a complaint with the courier in the event that the package arrives in poor condition.
All delivery times are estimates; they are provided on an indicative basis only, and begin from the date of shipment.
BeYouChair.com is not responsible for:
- delays resulting from the process of customs clearance;
- the loss or theft of the package while it is in the hands of the courier;
- the delivery driver not asking you for a signature or signing in your place;
- any strike, shortage, adverse weather conditions or natural disaster which may be the cause of delays or the unsuccessful delivery of your pre-order.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BeYouChair.com 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 20 - 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 21 - 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 22 - 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 23 - 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 the USA.
SECTION 24 - 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. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
These Terms are the entire agreement between you and BeYouChair.com with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and BeYouChair.com with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or BeYouChair.com to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get BeYouChair.com’s prior written consent. BeYouChair.com has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. BeYouChair.com will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
SECTION 25 - CONTACT INFORMATION
651 N Broad Street, Middletown 19709, New Castle, USA
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.