PLEASE NOTE: THIS IS A FINAL SALE ITEM. NO CANCELLATIONS, REFUNDS, OR MODIFICATIONS ARE ALLOWED
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE "ARBITRATION" SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "ARBITRATION" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND DDMGROUP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Acceptance of Terms
By using our Service, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will refer to that company or other legal entity.
We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Sites or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Sites, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
You can purchase our Products by placing orders via our Sites or the App. LegacyHeaters reserves the right, in its sole discretion, to refuse to process or to cancel your order in certain circumstances. This may happen, for example, when the Product you ordered is out of stock, there are inaccuracies or errors in Products or pricing information, or our credit and fraud avoidance department identifies problems or in other circumstances that we, in our sole discretion, deem appropriate. LegacyHeaters also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. We will not charge you for orders that we do not process or cancel. If we have already charged you for your order, then we will refund you the amount charged.
Fees and Payment
You will be charged immediately upon placing an order. LegacyHeaters will use commercially reasonable efforts to have orders delivered within the estimated delivery time. However, sometimes items may be delayed due to factors beyond our control, and we will not be liable for any such delays. If you are making payment by credit card, you hereby authorize LegacyHetaers or its third party payment processing service providers to charge your credit card for the price of the Products you have purchased.
LegacyHeaters reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to or use such features, you agree to pay all applicable fees, as described on the Sites or the App in connection with such features. LegacyHeaters reserves the right to change its price list, product and service offerings, and to institute new charges at any time. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges or prices.
We attempt to provide accurate descriptions of Products on our Sites and the App. However, there may be inaccuracies in the Product descriptions, or the colors of the Products may vary from one monitor to another. Accordingly, LegacyHeaters does not warrant that the Product descriptions, colors, images or videos are accurate, complete, reliable, current or error-free. If a Product offered on our Sites is not as described, your sole remedy is to contact us in accordance with our return policy
Pricing and Discount Information
We strive to provide accurate pricing information about Products. We cannot, however, insure against pricing errors. LegacyHeaters reserves the right, at its sole discretion, to refuse to process or cancel any orders placed for a Product whose price was incorrectly posted on the Sites as a result of an error. If this occurs, LegacyHeaters will notify you by email. In addition, LegacyHeaters reserves the right, in its sole discretion, to correct any errors in the listed price on its Sites.
We display discounts on our Sites or the App in connection with each Product. Discounts are calculated using pricing information provided to us by merchants (such as suggested retail prices from the manufacturer, supplier, or the merchant, or an estimated price based on standard industry practice).
Product Availability and Delivery
Our Sites or the App may contain information regarding the availability of the Products. Unfortunately, LegacyHeaters cannot guarantee that an item listed as "in stock" will actually ship right away, as inventory can change significantly from day-to- day. In some cases, a Product that may be in stock when a customer places the order, may be sold out by the time LegacyHeaters attempts to process the order, or there may be an error in the information about the availability of the Product. Should this happen, LegacyHeaters will notify you by email. If we determine that a Product you ordered is no longer available, we will cancel that item from your order and provide you a full refund towards the cancelled Product, if you have already paid for it. We will notify you about the cancelation by email.
Unless otherwise required by law, LegacyHeaters accepts returns on certain Products on a case-by- case basis. If, however, a Product is listed as final sale, we will not accept returns for such Product, unless it is defective. If a Product offered by LegacyHeaters is defective, please send an email to firstname.lastname@example.org within 48 hours of receiving the Product, unless a longer time is required by law. We will either replace the defective product or issue parts and service team to contact you.
Risk of Loss
The risk of loss and title for such all items purchased from LegacyHeaters pass to you upon our delivery to the carrier.
Assumption of Risk for Products You Purchase
Any legal claim related to a Product you purchase must be brought directly against the manufacturer of the Product. You release LegacyHeaters from any claims related to Products sold through our Service, including for defective items, misrepresentations by manufacturers, or items that cause physical injury (like product liability claims).
These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions.
Notify Us of Infringers
If you believe that something available through the Sites or the App violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section. In order for us to take action, you must do the following in your notice: (1) provide your physical or electronic signature; (2) identify the copyrighted work that you believe is being infringed; (3) identify the item on the Sites and the App that you think is infringing your work and include sufficient information about where the material is located on the Site or the App (including which website and URL) so that we can find it; (4) provide us with a way to contact you, such as your address, telephone number, or e-mail; (5) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the Site; and (6) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Designated Agent to Receive Notification of Claimed Infringement:
You may contact LEGACYHEATERS.COM at the following address:
PO BOX 11005
FORT LAUDERDALE, FLORIDA