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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of beanbagwarehouse.com. The collective work includes works that are licensed to beanbagwarehouse.com. Copyright 2002-2009, beanbagwarehouse.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with beanbagwarehouse.com or purchasing beanbagwarehouse.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with beanbagwarehouse.com or to purchase beanbagwarehouse.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by beanbagwarehouse.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of beanbagwarehouse.com used in the site are trademarks or registered trademarks of beanbagwarehouse.com


Warranty Disclaimer
This site and the 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, beanbagwarehouse.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. beanbagwarehouse.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. beanbagwarehouse.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.  Any and all manufacturer warranty claims must be made directly to the manufacturer. 


Limitation of Liability
beanbagwarehouse.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if beanbagwarehouse.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a beanbagwarehouse.com product is mistakenly listed at an incorrect price, beanbagwarehouse.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. beanbagwarehouse.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, beanbagwarehouse.com shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by beanbagwarehouse.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
beanbagwarehouse.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to beanbagwarehouse.com.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the Commonwealth of Massachusetts, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of beanbagwarehouse.com products) shall be in the state or federal courts located in Plymouth County, Massachusetts. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of beanbagwarehouse.com products) must be commenced within one (1) year after the claim or cause of action arises. beanbagwarehouse.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. beanbagwarehouse.com may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a beanbagwarehouse.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
beanbagwarehouse.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, beanbagwarehouse.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, beanbagwarehouse.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to beanbagwarehouse.com in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless beanbagwarehouse.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, beanbagwarehouse.com may link to sites operated by third parties. However, even if the third party is affiliated with beanbagwarehouse.com, beanbagwarehouse.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of beanbagwarehouse.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, beanbagwarehouse.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
 
 
Returns
All of our products are American made and have a one year warranty. In the unlikely event that you receive a damaged product, please call our toll free number or email us.

If you would like to return a product for any other reason besides it being defective, you must do so within 30 days of receipt and there will be a 25% restocking fee plus the original shipping fees that we incur. These fees are required because of the high costs of shipping and the manufacturers restocking fee that it charges us. In addition, you will be responsible to pay any shipping charges required to return the product to the manufacturer. If you choose to return a product, you will need to contact us to obtain a Return Authorization Number (RMA). Any product received without a RMA number will be refused. Please allow 2-3 weeks for processing all credits related to returned products.

Claims
All claims including, but not limited to, damaged products, missing items or parts must be made within 5 days of receipt of the order.  Any claims made after 5 days will not be honored.

Orders Returned Due to Non-Delivery
Any order returned due to non-delivery or failed delivery attempts will be subject to a 20% restocking charge.  Shipping charges are not refundable.  Please make every effort supply us with a valid shipping address and be available to receive the order when it arrives.  The customer will be responsible for any charges for shipping the order after the first attempt.

Incorrect Shipping Addresses and Carrier Address Correction Fees:
To help prevent delivery delays, please double check the shipping address prior to submitting your order. The most common mistakes made when providing us with a shipping address are incorrect zip code, missing company name, missing suite or apartment number, and wrong street number.  Shipping costs to incorrect addresses are non-refundable.

Non-Refundable Items
The following items are not refundable even if returned within the time limits:

Any items that are defaced or physical damaged by end-users; we reserve the right to check the condition of the returned items before issuing refund; any product returned without the original package that cannot be verified as our products; any items returned after 30 days and any items returned without RMA number and authorization.

Sales, Promotions ,Coupons and Discounts
Sales, promotions, discounts and coupons can only be accepted during the time of the sale or promotion period and cannot be applied  retroactively. Sale pricing is not retroactive. Sale pricing cannot be combined with other offers, unless otherwise noted. If an item is added to a saved cart or online registry, item must be purchased during promotion to receive special pricing.   Sales pricing, coupons, discounts and other promotions cannot be applied retroactively to previously placed orders.  As our items are of limited quantity, TrueBeer.com cannot guarantee availability or pricing for exchanges.