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 Lowcountry Swing Beds LLC. The collective work includes works that are licensed to Lowcountry Swing Beds LLC. Copyright 2015, Lowcountry Swing Beds LLC, 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 Lowcountry Swing Beds LLC or purchasing Lowcountry Swing Beds LLC 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 Lowcountry Swing Beds LLC or to purchase Lowcountry Swing Beds LLC 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 Lowcountry Swing Beds LLC. 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 Lowcountry Swing Beds LLC used in the site are trademarks or registered trademarks of Lowcountry Swing Beds LLC


Warranty Disclaimer
The materials and products on this site are provided "customized per client" and with a 1-year warranty, whether express or implied. This warranty does not include damages incurred by the consumer, damages to any property, normal wear-and-tear, or aging of the products. Lowcountry Swing Beds LLC does not make any warrantees or representations for materials and products purchased by a 3rd party.


Limitation of Liability
Lowcountry Swing Beds LLC shall not be liable for any special or consequential damages or injuries that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Lowcountry Swing Beds LLC has been advised of the possibility of such damages or injuries. We will, however, take responsibility for shipping damage. Please report all shipping damage, lost and stolen claims within 15 days of shipment. We work closely with FedEx/UPS to ensure these situations do not happen. If there are any missing items within your shipment, or if you are unsatisfied with the product in any way, please report to us within 30 days to receive replacement parts or a refund. After 30 days, we cannot be held responsible for missing items and will not approve returns or refunds. Please open your swing bed and other products as soon as they arrive to you. It is not a good idea to leave your swing bed packaged for several months before opening as these beds are hand-painted/hand-stained and need air to breathe. Please note: Refunds are issued on a case-by-case basis, but the buyer is always responsible for shipping costs. Custom sizes, designs, and/or products cannot be returned or refunded. Please be sure you understand the size you are ordering based on the space you have available. Handmade products may slightly fluctuate from exact dimensions because they are, in fact, handmade and lumber varies piece to piece. For customized designs, we will send photos before shipment and require your approval before we ship the product out. Your approval of the photo is extremely important as that will be your final approval.


Typographical Errors
In the event that a Lowcountry Swing Beds LLC product is mistakenly listed at an incorrect price, Lowcountry Swing Beds LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Lowcountry Swing Beds LLC 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, Lowcountry Swing Beds LLC 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 Lowcountry Swing Beds LLC 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
Lowcountry Swing Beds LLC 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 Lowcountry Swing Beds LLC.


Miscellaneous
Lowcountry Swing Beds LLC 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. Your use of this site shall be governed in all respects by the laws of the state of California, 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 Lowcountry Swing Beds LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Lowcountry Swing Beds LLC products) must be commenced within one (1) year after the claim or cause of action arises. Lowcountry Swing Beds LLC'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. Lowcountry Swing Beds LLC 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 Lowcountry Swing Beds LLC 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
Lowcountry Swing Beds LLC 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, Lowcountry Swing Beds LLC 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, Lowcountry Swing Beds LLC 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 Lowcountry Swing Beds LLC in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Lowcountry Swing Beds LLC, 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, Lowcountry Swing Beds LLC may link to sites operated by third parties. However, even if the third party is affiliated with Lowcountry Swing Beds LLC, Lowcountry Swing Beds LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Lowcountry Swing Beds LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Lowcountry Swing Beds LLC 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).