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. These terms and conditions outline the rules and regulations for the use of Seating Mind.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
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 Seatingmind.com. The collective work includes works that are licensed to Seatingmind.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 Seatingmind.com or purchasing Seatingmind.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 Seatingmind.com or to purchase Seatingmind.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 Seatingmind.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
LICENSE
Unless otherwise stated, Seating Mind and/or it’s licensors own the intellectual property rights for all material on Seating Mind. All intellectual property rights are reserved. You may view and/or print pages from SeatingMind.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from https://seatingmind.com/
- Sell, rent or sub-license material from https://seatingmind.com/
- Reproduce, duplicate or copy material from https://seatingmind.com/
- Redistribute content from https://seatingmind.com/ (unless content is specifically made for redistribution).
TRADEMARKS
All trademarks, service marks and trade names of Seatingmind.com used in the site are trademarks or registered trademarks of Seatingmind.com.
WARRANTY DISCLAIMER
All our chairs come with a full warranty unless specified otherwise. The warranty covers the entire chair’s movable mechanics, such as up and down mechanism, for 12 years from the date of purchase. Our warranty does not cover damage caused by normal wear and tear, intentional damage, willful damage, neglect, or if the chair was used in a way that it was not intended for. As part of our full warranty promise, we will repair the chair to make it in usable condition again. If the chair needs to be returned and it is no longer covered by our free returns policy, you may be charged for shipping. We should never be held liable in the event we decide not to repair or replace a chair. The warranty is applicable to the initial purchaser only, is nontransferable, and only when the item is located at the original delivery address and in the United States. We will not be responsible for damage due to service, maintenance, modifications or tampering by anyone. In the event a product is defective, we will either repair or replace the defective part. Please note that in the event that an item is shipped damaged and or with a manufacturing defect, we will provide replacement parts at no expense to you. However, we will not provide money back guarantee or free return shipping should you decide to return the item instead. This warranty does not cover damage caused by a carrier or transportation of the product from one location to another, or alterations made by the owner. If the shipping box shows any external damage, the customer is instructed to refuse the product at the time of delivery. If the shipping box does not show damage but the product is damaged in any way, the customer must notify us within 24 hours of receipt and document all damage in order to be eligible for warranty or any compensation.
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, Seatingmind.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. Seatingmind.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. Seatingmind.com does not make any warranties 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.
LIMITATION OF LIABILITY
Seatingmind.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 Seatingmind.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.
Purchaser’s remedies set forth herein are exclusive and the liability of Seating Mind with respect to the breach of this agreement or any contract entered into between the parties pursuant hereto shall not exceed the price of the product or part on which such liability is based. In no event will Seating Mind be liable to purchasers for any special, collateral, incidental, or consequential damages however caused, whether by our negligence or otherwise.
TYPOGRAPHICAL ERRORS
In the event that a Seatingmind.com product is mistakenly listed at an incorrect price, Seatingmind.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Seatingmind.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 canceled, Seatingmind.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 Seatingmind.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
Seatingmind.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 Seatingmind.com.
PURCHASE CONTRACT
In order to receive assistance, delivery, compensation, service, return, refund, or anything else from us, the customer must pay for items in full and agrees to cooperate and assist in the procedures set out by us.
It is the purchaser’s responsibility to check acknowledgments and invoices for accuracy including, condition, quantities, correct fabrics, and finish selections, etc.
The purchaser may not change an acknowledged planned delivery date, product quantities or options on an order, as shown on an acknowledgment copy, without the written consent of Seating Mind. Approved cancellations, changes, and delivery date changes of orders may be subject to charges in the amount in accordance to the administrative and actual costs.
The delivery date specified on the acknowledgments copy represents our best estimate of the approximate delivery date at the time of this acknowledgment. However, Seating Mind shall not incur any obligation or liability to the purchaser for failure to deliver by any particular date unless such date has been formally established as a “Guaranteed Move-In” date as detailed in a separate agreement signed by authorized company personnel. In no event, however, shall we be liable for any loss or damage resulting from any delay or failure in delivery or other failure to perform all or any part of the agreement between the parties with respect to the products shown on the face of the order acknowledgement where such delay, failure, loss, or damage is the proximate result of any act of any governmental authority or political subdivision, thereof, revolution, riot, civil disorder or disturbance, act of enemies, delay or default in transportation, strike, disputes among or between labor union, or other labor disputes, delay or inability in obtaining materials and facilities, fire, flood, act of God, or any other cause. Seating Mind may allocate products which are in short supply, irrespective of the reasons, therefore, among purchasers in any manner which we in our sole discretion deem advisable. Risk of loss shall pass to the purchaser at the time we place the products in the possession of a carrier or at the time of tender of delivery to the purchaser in the case of delivery by our own vehicle. Failure by the purchaser to make any claim against Seating Mind within 24 business hours of delivery shall constitute acceptance of the product and a waiver of any claim.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of New York, 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 Seatingmind.com products) shall be in the state or federal courts located in New York, U.S.A.. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Seatingmind.com products) must be commenced within one (1) year after the claim or cause of action arises. Seatingmind.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. Seatingmind.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 Seatingmind.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
Seatingmind.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, Seatingmind.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, Seatingmind.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 Seatingmind.com in its sole discretion.
CONTENT LIABILITY
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
DISCLAIMER
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
OTHER
All photos and descriptions of chairs are intended for informational purposes only. We should never be held liable if a chair differs from the photos or descriptions. All items bought at a discount to our list price is sold as is, no claims could be lodged against us. By purchasing an item at a discount to our list price, customer agrees to accept the item as is and is waiving all rights to file any claim against Seating Mind. We reserve the right to cancel any order at any time even without reason.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Seatingmind.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, Seatingmind.com may link to sites operated by third parties. However, even if the third party is affiliated with Seatingmind.com, Seatingmind.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Seatingmind.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Seatingmind.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).
FREE SHIPPING
We offer free standard shipping on all orders unless otherwise stated. All orders will arrive between 1 and 7 business days after the date of purchase and allotted processing time. Processing times vary and could take as long as 15 business days. Bulk orders could take up to 60 business days to process. Your shipment may be delayed due to bad weather, out of stock items, error in order data, wrong address provided, or other reasons. We will not be held liable for orders received after 7 business days for any reason. Shipments could be left curbside near customer’s shipping address. We should not be held responsible for items that have arrived damaged. We will not compensate for damage caused by a carrier or transportation of the product from one location to another. All orders are considered fulfilled and received in full by the customer once carrier tracking information shows carrier has received items from us. No further claim of non-receipt could then be lodged against us. We should not be held responsible in the event carrier loses an item or for delivery to a wrong address. We should not be held responsible in the event items were stolen in transit or after delivery was made. We may charge a service fee up to the amount of purchase for any shipment that is refused. We may charge a restocking fee of 35% of the total payments made to Seating Mind for any order that is canceled in addition to shipping charges. We may charge a fee to cover the actual and administrative cost for a change of address. Purchaser must cooperate with the carrier and must follow all our terms, otherwise, order may be canceled and a service fee in the amount of up to 35% of the total payments made to Seating Mind may be assessed as well as actual and administrative shipping costs.
MONEY BACK GUARANTEE
We offer a Money Back Guarantee and free returns on all orders received with a defect unless specified otherwise. The money back guarantee and free returns covers the first 30 days of purchase. Item must be in the original packaging and shipping box. Following 30 days or if item is no longer in the original packaging or shipping box, our standard return policy will apply and a 35% restocking fee as well as shipping charges may be assessed. Money Back Guarantee and Free Returns can be activated in the event an item was received with a manufacturing defect. Please note, that in the event that an item is shipped damaged and or with a manufacturing defect, if possible, we will provide replacement parts at no expense to you. If you choose not to accept replacement parts, we will be unable to activate money back guarantee or free return shipping. Instead, our standard return policy will apply and a restocking fee of 35% in addition to shipping cost will be assessed. If you return an item that is in usable condition, or if we attempted to make your item in usable condition, you will not be eligible for Free Return or Money Back Guarantee and the standard return policy will apply. After your item is sent back and received by us, we will issue a refund unless the item was damaged intentionally or recklessly. In the event you return the item within 30 days of purchase, we will pay for return shipping as part of our 30-day free returns policy unless the chair was damaged intentionally or recklessly, was used in a manner that was not intended, or you refuse to accept replacement parts as outlined above. You must use our free return label provided to you in order to qualify for free return shipping. We will not reimburse you for the cost of return shipping if items are returned with any other shipping service, label, or postage other than what we provided to you. We will not provide free returns for items that are located outside the United States. The Money Back Guarantee and Free Return Policies are valid to the initial purchaser only, is nontransferable, and only when the item is located at the original delivery address and in the United States. The returned item should be in same or better condition as received by the customer. Otherwise, we may assess a restocking fee and or service fee on returned items in the amount of restoring the item to its original condition. We should never be held liable in the event we decide not to refund your purchase price in part or in full or if we decide not to pay for return shipping.
Returned item must be in same or better condition as received by you in order to qualify for free return and money back guarantee. A fee may be assessed at our sole discretion in the amount totaling the cost of restoring the item to its original condition if an item is returned in a worse condition than of that which was received by you. We may assess a restocking fee in the amount of 35% of the total payments made to Seating Mind as well as shipping costs on returned items at our sole discretion.
In order to qualify for a free return, you must pack the item in the original box we shipped. If you no longer have the original box, you may use an alternate box that is the same size or smaller than the original box we shipped to you. We will not provide boxes in order to facilitate a return. Boxes may be purchased from us for a fee. You must use our free return label provided to you in order to qualify for free return shipping. We will not reimburse you for the cost of return shipping if items are returned with any other shipping service, label, postage, or packaging other than what we provided to you. Money Back Guarantee and Free Returns are only valid on items that were received with a manufacturing defect. If you return an item that is in usable condition, or if we attempted to make your item in usable condition, you will not be eligible for Free Return or Money Back Guarantee. Please note that in the event that an item is shipped damaged and or with a manufacturing defect, we will provide replacement parts at no expense to you. However, we will not provide money back guarantee or free return shipping should you decide to return the item instead. If you return an item that is in usable condition, or if we attempted to make your item in usable condition, you will not be eligible for Free Return or Money Back Guarantee.
We may restrict Free Shipping, We’ll Beat Any Price, Money Back Guarantee, Full Warranty, Free Returns on an item purchased at a discount to our list price.
In addition, Free Shipping, We’ll Beat Any Price, Money Back Guarantee, Full Warranty, Free Returns, or any other service will be provided at our sole discretion and we are in no way obligated to do so.
Free Shipping, We’ll Beat Any Price, Money Back Guarantee, Full Warranty, Free Returns, or any other service will only be provided as long as items remain at the original delivery address in the Unites States. The terms of service will be null and void as soon as item has left the original delivery address, or the United States, and we will no longer provide Free Shipping, We’ll Beat Any Price, Money Back Guarantee, Full Warranty, Free Returns, or any other service. All sales will be final with no cancellation option, no refund, no warranty, no return, and no services, as soon as item has left the original delivery address, or the United States. No claim can be lodged against Seating Mind as soon as item has left the original delivery address, or the United States.
Free Shipping, We’ll Beat Any Price, Money Back Guarantee, Full Warranty, Free Returns, or any other service can be suspended, modified, or revoked even retroactively at our sole discretion without prior notice to you.
We should never be held liable for damage, injury, or death caused by an item or the result of using an item.
Customer will be held liable for all legal fees and associated expenses, such as court costs and attorney’s fees, incurred by Seating Mind in the event any legal action is commenced to enforce any of these terms of service such as non-payment of purchased items.
We reserve the right, at our sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately or even retroactively upon the posting thereof.
