Phelan Home Terms & Conditions
Please read these Terms and Conditions carefully before using the Phelan Home website, located at https://phelanhome.com. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.
1. Acceptance of Terms:
Your access to and use of the Website are conditioned on your acceptance of and compliance with these Terms. These Terms constitute a legally binding agreement between you and Phelan Home. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Changes to Terms:
Phelan Home reserves the right to modify or replace these Terms at any time. We will post the updated Terms on the Website and update the “Last Updated” date above. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.
3. Intellectual Property:
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Phelan Home, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.
4. User Accounts:
You may create an account on the Website to facilitate your shopping experience. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Phelan Home immediately of any unauthorized access to or use of your account.
5. Product Information:
While we strive to provide accurate product information, we do not warrant that product descriptions or other content on the Website are accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice.
6. Pricing and Payment:
All prices displayed on the Website are in US dollars and are subject to change without notice. We accept various payment methods as indicated on the Website. You agree to provide accurate and complete payment information.
7. Shipping and Delivery:
Shipping costs and delivery times will be indicated at checkout. Phelan Home is not responsible for delays caused by shipping carriers or unforeseen circumstances. Risk of loss and damage to products passes to you upon delivery.
8. Returns and Refunds:
Our Return Policy, as detailed separately on the Website, governs the return of products. Please review the Return Policy carefully before making a purchase.
9. Disclaimer of Warranties:
The Website and its contents are provided “as is” and “as available” without any warranties of any kind, whether express or implied. Phelan Home disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability:
In no event shall Phelan Home be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
11. Indemnification:
You agree to indemnify and hold harmless Phelan Home, its affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Website caused damage to a third party.
12. Governing Law:
These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
13. Dispute Resolution:
Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Fremont, California.
14. Contact Us:
If you have any questions about these Terms, please contact us at [email protected].
This constitutes the entire agreement between you and Phelan Home regarding your use of the Website. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.