Terms & Conditions
Introduction
Welcome to Liftchairheaven.com ("Website"). The Website is owned and operated by Lift Chair Heaven LLC ("we," "us," "our"). These Terms and Conditions ("Terms") govern your access to and use of the Website and any services offered therein, and constitute a legally binding agreement between you and Lift Chair Heaven LLC. By accessing or using the Website, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as published from time to time at this URL or through the Website.
Acceptance of Terms
Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access or use the Website.
Modification of Terms
We reserve the right, at our sole discretion, to amend, modify, or replace these Terms at any time. The most recent version of the Terms will always be posted on the Website, with the "Last Updated" date at the top of the Terms changed accordingly. It is your responsibility to review these Terms periodically for changes. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.
Scope and Usage
Your use of the Website and its associated services is also governed by our Privacy Policy. Click here to view privacy policy.
Definitions
- "Services" refer to any and all services provided by Liftchairheaven.com via the Website.
- "User," "you," and "your" refer to the individual person or entity accessing or using the Website, as applicable.
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any action arising out of or related to these Terms shall be brought in the federal or state courts located within the State of Texas, and you hereby consent to the jurisdiction and venue of such courts.
Severability and Waiver
If any provision of these Terms is deemed to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
ARTICLE 1: PRODUCTS AND PRICING
1.1 Product Description: Lift Chair Heaven LLC ("the Company") offers a selection of lift chairs ("Products") available for purchase through Liftchairheaven.com ("the Website").
1.2 Product Availability: The availability of Products may be subject to change without prior notice at the sole discretion of the Company. Furthermore, the Company reserves the right to discontinue any Product at any time, including after an order has been submitted by you but before the Product has been delivered.
1.3 Pricing: All prices listed on the Website are denominated in United States Dollars (USD) and are exclusive of any applicable federal, state, and local taxes, levies, duties, tariffs, or other governmental charges ("Taxes").
1.4 Pricing Errors: The Company endeavors to ensure that all pricing information on the Website is accurate but does not guarantee that this will always be the case. In the event that a Product is listed at an incorrect price due to typographical error, error in pricing information received from suppliers, or any other error, the Company reserves the right to refuse or cancel any order placed for the Product listed at the incorrect price.
1.5 Sales Tax: Applicable Taxes will be calculated and added to the final purchase price of your order during the checkout process. You shall be responsible for the payment of all such Taxes applicable to your purchase.
1.6 Payment: All payments must be made using the payment methods indicated on the Website. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction.
1.7 Price Changes: The Company reserves the right to modify the pricing of Products at any time without prior notice. Price changes will not affect orders that have already been accepted and confirmed by the Company.
1.8 Discounts and Promotions: Any discounts or promotional offers made available through the Website may be governed by additional terms and conditions that are separate from these Terms. It is your responsibility to review the applicable terms and conditions for each such offer. Discounts and promotions are subject to availability and may be discontinued by the Company at any time without notice.
ARTICLE 2: PAYMENTS
2.1 Payment Methods: Lift Chair Heaven LLC ("the Company") accepts various forms of payment as declared on the Liftchairheaven.com ("the Website"), including but not limited to Paypal, Shop Pay, Visa, American Express, Mastercard, Discover, etc. The Company reserves the right to expand or limit the available payment methods at its sole discretion.
2.2 Payment Security: All transactions conducted through the Website are secured and encrypted using Secure Socket Layer (SSL) technology or other relevant security measures to protect against unauthorized access, disclosure, alteration, or destruction of your financial and transactional data.
2.3 Transaction Confirmation: Upon successful completion of your payment, a transaction confirmation will be sent to the email address you provided during the checkout process. This confirmation serves as your proof of payment and includes details such as the transaction amount, product details, and the transaction date.
2.4 Authorization: By submitting your payment information, you authorize the Company to charge the applicable payment method at our discretion. You further represent and warrant that you are the lawful owner of the payment method or that you are authorized by the lawful owner to use the payment method.
2.5 Failed or Declined Payments: In the event of a failed or declined payment, the Company reserves the right to suspend or terminate access to any purchased products or services until full payment is received. Additional fees may be applied for failed or returned payments as dictated by our payment processor's policies.
2.6 Chargebacks and Disputes: Should you initiate a chargeback or dispute a charge from the Company through your payment provider, the Company reserves the right to suspend or terminate your access to any purchased products or services, pending resolution of the dispute. The Company further reserves the right to defend such disputes and seek the full amount of the transaction, including but not limited to any applicable fees and legal costs.
2.7 Refunds: Refunds, if applicable, will be processed according to the Company's Refund and Return Policy. The timing of a refund reaching your account is dependent on the policies of the payment method you used and the payment provider.
ARTICLE 3: SHIPPING AND DELIVERY
3.1 Geographical Restrictions: Lift Chair Heaven LLC ("the Company") only ships products within the territorial boundaries of the United States ("Eligible Shipping Area"). Shipments will not be made to addresses outside the Eligible Shipping Area.
3.2 Shipping Policy: The terms and conditions for shipping are elaborated in our Shipping Policy, which is incorporated herein by reference. You are encouraged to review the Shipping Policy for detailed information, including but not limited to delivery time frames, shipping methods, and applicable fees.
3.3 Shipping Confirmation: Upon successful placement of an order, you will receive a shipping confirmation email outlining the details of your order and the designated shipping method. This email serves as your proof of purchase and should be kept for your records.
3.4 Shipping Carriers: The Company reserves the right to use third-party shipping carriers to deliver products. The choice of carrier is at the sole discretion of the Company.
3.5 Delivery Time: The Company aims to fulfill orders within the time frames outlined in the Shipping Policy; however, these time frames are estimates and are not guaranteed. Delays may occur due to various factors, including but not limited to weather conditions, technical issues, or carrier delays.
3.6 Shipping Fees: All applicable shipping fees will be displayed during the checkout process. These fees are subject to change without prior notice, at the sole discretion of the Company.
3.7 Risk of Loss: The risk of loss or damage to the products passes to you upon delivery of the products to the carrier. The Company shall not be responsible for any lost, stolen, or damaged packages after delivery.
3.8 Failed Deliveries: In cases where a package is returned to the Company due to failed delivery, you may be responsible for additional shipping fees to re-ship the package. Failure to claim or accept delivery may lead to the termination of your order without refund.
3.9 Delivery Confirmation: Some shipping methods may require a signature upon delivery. In such cases, it is your responsibility to arrange for someone to be present at the time of delivery to provide the necessary signature.
ARTICLE 4: RETURNS AND REFUNDS
4.1 Returns and Refunds Policy: All returns and refunds are governed by the Returns and Refunds Policy of Lift Chair Heaven LLC ("the Company"), which is hereby incorporated into these Terms and Conditions by reference. You are encouraged to review the Returns and Refunds Policy prior to making any purchases through Liftchairheaven.com ("the Website").
4.2 Acceptance of Policy: By placing an order through the Website, you agree to be bound by the terms and conditions set forth in the Returns and Refunds Policy. If you do not agree with the policy, you should not proceed with your purchase.
4.3 Return Eligibility: Certain conditions and exceptions may apply to your eligibility for returns and refunds, as outlined in the Returns and Refunds Policy. Failure to adhere to these conditions may result in the denial of a return or refund.
4.4 Return Authorization: All returns must be authorized by the Company in accordance with the procedures detailed in the Returns and Refunds Policy. Unauthorized returns may not be eligible for a refund and may be returned to you at your expense.
4.5 Initiating a Return: To initiate a return, you must follow the steps outlined in the Returns and Refunds Policy, including but not limited to providing proof of purchase and meeting any time limitations for returns.
4.6 Restocking Fees: The Company reserves the right to assess restocking fees for returned products, as detailed in the Returns and Refunds Policy.
4.7 Shipping Costs: Unless otherwise specified in the Returns and Refunds Policy, you are responsible for all shipping costs associated with returning products to the Company.
4.8 Refund Processing: Upon receipt and inspection of the returned product, the Company will determine whether the product is eligible for a refund in accordance with the Returns and Refunds Policy. Approved refunds will be processed using the same payment method used for the original purchase unless otherwise specified.
4.9 Refund Timeframes: The time it takes for a refund to be credited to your account may vary based on the payment method used and the policies of the financial institution.
4.10 Non-Refundable Items: Certain items may be non-refundable, as specified in the Returns and Refunds Policy. Please review this policy carefully to understand which products are excluded from the returns and refunds process.
ARTICLE 5: LIMITATION OF LIABILITY
5.1 General Limitation: To the fullest extent permitted by applicable law, Lift Chair Heaven LLC ("the Company") shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages of any kind arising out of or in connection with your use of the Liftchairheaven.com ("the Website"), including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, even if the Company has been advised of the possibility of such damages.
5.2 Cap on Liability: Without limiting the foregoing, the Company's total aggregate liability to you for all damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence), or otherwise, shall not exceed the amount paid by you, if any, for accessing or participating in any activity related to the Website.
5.3 Third-Party Products and Services: The Company will not be liable for any damages incurred as a result of any transaction or relationship between you and any third-party provider, advertiser, or sponsor whose content appears on the Website.
5.4 Indemnification: You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including but not limited to attorney's fees, arising from or related in any way to your use of the Website.
5.5 Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
5.6 User Discretion: You acknowledge and agree that your use of the Website is at your sole risk and discretion. You shall be solely responsible for any damage or loss that results from your actions on the Website.
5.7 Essential Purpose: The essential purpose of this clause is to limit the potential liability of the Company arising out of these Terms and Conditions and your use of the Website. Both parties acknowledge that this clause is a fundamental part of the agreement and that the Company would not provide the Website without such limitations.
ARTICLE 6: GOVERNING LAW AND JURISDICTION
6.1 Governing Law: These Terms and Conditions, as well as any separate agreements whereby Lift Chair Heaven LLC ("the Company") provides you with services, shall be governed by and construed in accordance with the laws of the United States and the State of Texas, without regard to its conflict of law principles.
6.2 Jurisdiction: You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the federal or state courts located in the State of Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms and Conditions.
6.3 Severability: If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
6.4 Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance.
6.5 Choice of Law: The aforementioned governing laws shall apply regardless of the laws of the jurisdiction in which you reside.
6.6 Entire Agreement: These Terms and Conditions, along with the Privacy Policy, Returns and Refunds Policy, and any other legal notices published by the Company on Liftchairheaven.com, constitute the entire agreement between you and the Company concerning your use of the Website.
ARTICLE 7: CONTACT INFORMATION AND COMMUNICATION
7.1 General Queries: For any questions, comments, or clarifications regarding these Terms and Conditions or any other policies referenced herein, please contact Lift Chair Heaven LLC ("the Company") using the designated contact details provided below.
7.2 Contact Details:
- Email: Info@liftchairheaven.com
- Phone: 214-856-1476
- Postal Address: 12333 Sowden Rd Ste B #209320, Houston, TX USA 77080
7.3 Customer Service Hours: Our customer service team is available to address your queries between the hours of 9am - 5pm ET, Monday thru Friday.
7.4 Official Correspondence: Any formal notices, legal requests, or official communication relating to these Terms and Conditions should be sent to the aforementioned contact details, unless otherwise specified by the Company. Such communications shall be considered delivered when received by the Company.
7.5 Response Time: While we strive to respond to all inquiries in a timely manner, response times may vary based on the volume of queries and the nature of the inquiry.
7.6 Electronic Communication: By accepting these Terms and Conditions, you consent to receive communications from the Company electronically, such as emails, texts, or notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.