LivDao Furniture Purchase Agreement
Date of Last Revision: May 2021
This LivDao Furniture Purchase Agreement (this “Agreement”) shall govern and apply in all purchases of furniture (each item an “Item”) made by each individual or entity (“the Customer” or “You”) from LivDao Inc. (“LivDao” or “Company”). Each of You and LivDao are individually referred to herein as a “Party” and, collectively, as the “Parties.”
Your Obligations to Pay.
- You shall pay LivDao the Item’s price.
- You may choose Your preferred option to receive the Item. You shall pay the corresponding delivery fees relating to Your option.
- LivDao will not deliver an Item or allow You to pick up an Item until Your payment of all fees for such Item has been successfully processed and confirmed.
- Cancelling Your Order Prior to Shipping/Pickup. You may cancel Your unpaid order at any time. For all the paid orders, You may freely cancel the order two days prior to the scheduled delivery date or pickup date and You will receive a full refund. If the “two-day” window has passed, You may cancel Your delivery order by paying a $40 restocking charge per item and You may cancel Your pickup order by paying a $20 restocking charge per item.
- If you choose to receive Your Item through delivery, LivDao shall ensure its third-party professional delivery company (“Delivery Team”) delivers the Item on the mutually agreed upon delivery date (“Delivery Date”).
- You may cancel or reschedule a delivery at any time prior to forty-eight (48) hours before the scheduled Delivery Date. For example, if You schedule a Delivery Date on a Friday, in order to cancel that delivery, You must notify LivDao of the cancellation no later than 5:00 PM ET of the preceding Wednesday
- It is Your responsibility to provide LivDao with all material information relevant to the delivery of an Item, regardless of whether the questions on the Site specifically ask for that information. While LivDao has done its best to ask for all of the necessary information for delivery, if any important information about the delivery is not specifically requested on the Site, it is Your responsibility to proactively, and in a timely, accurate and complete fashion, inform LivDao of that information.
- If a scheduled delivery is not completed because of something You do or fail to do, LivDao will have the right to charge You a "Failed Delivery Fee" of $40.00 per Item. The Failed Delivery Fee will be charged even if the order initially qualified for free delivery. For example, if You fail to cancel a delivery at least forty-eight (48) hours prior to the scheduled Delivery Date, or if the Delivery Team is unable to deliver an Item because You did not accurately describe the delivery location or include all necessary delivery details (such as failing to indicate that there is no elevator in the building when the delivery is to an upper floor), LivDao may charge You a Failed Delivery Fee.
- When an Item is delivered, You have the right to inspect the Item at the time of delivery and, if You determine that You do not want to complete the purchase of the Item, You can cancel the purchase and receive a full refund of the fees. If You do not cancel the purchase of an Item at the time of delivery, the sale is final, and all fees are nonrefundable.
- If the sale is final, the Delivery Team will assemble the Item upon Your request.
- If a wrong Item is delivered, You may reject the delivery for a full refund of the fees.
- Notice to Building Owner and Manager. You hereby grant LivDao and its Delivery Team the right to enter Your apartment or office for purposes of delivering the Item(s) to You pursuant to this Agreement. You hereby authorize and request that family members, agents, employees, servants, landlord, and building management fully cooperate with LivDao's delivery of an Item in Your absence. You agree to hold such persons harmless for any action resulting from such entry. You hereby authorize LivDao to present this Agreement as proof of Your grant of permission to LivDao.
- If you choose to receive your Item by self-pickup, You shall pick up the Item purchased at LivDao’s warehouse on a mutually agreed-upon pick up date (the "Pickup Date"). You may appoint a pickup person to pick up the Item for You.
- You or Your pickup person shall present the Order Number and a valid government issued photo ID for the pickup.
- You may cancel or reschedule a pickup at any time prior to forty-eight (48) hours before the scheduled Pickup Date.
- If a scheduled pickup is not completed because of something You do or fail to do, LivDao will have the right to charge You a "Failed Pickup Fee" of $20.00 per Item.
- You have the right, provided You are present at the time of pickup, to inspect the Item at the time of pickup and, if You determine that You do not want to complete the purchase of the Item, You can cancel the purchase and receive a full refund of the fees. If You or Your pickup person do not cancel the purchase of an Item at the time of pickup, the sale is final, and all fees are nonrefundable.
- If LivDao provides You with a wrong Item at the time of pickup, You may reject the wrong item for a full refund of the fees.
Your Representations and Warranties. You represent and warrant to LivDao as follows:
- You have the full right, power and authority to enter into this Agreement and to perform its obligations hereunder.
- No claims, liens or actions exist or are threatened that would interfere with Your ability to fully perform under this Agreement.
- This Agreement does not violate and is not otherwise limited by any other agreement to which You are a party.
- Any information You may provide to LivDao through the Site or otherwise regarding You or otherwise, is accurate and complete.
LivDao’s Representations and Warranties. LivDao represents and warrants as follows:
- LivDao has the full right, power and authority to enter into this Agreement and to perform its obligations hereunder.
- No claims, liens or actions exist or are threatened that would interfere with LivDao’s ability to fully perform under this Agreement.
- This Agreement does not violate and is not otherwise limited by any other agreement to which LivDao is a party.
- Disclaimers and Limitations on Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF LIVDAO TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- LIVDAO IS PROVIDING EACH ITEM THAT YOU PURCHASE ON AN “AS-IS” BASIS. YOU EXPRESSLY AGREE THAT YOUR PURCHASE OF AN ITEM IS AT YOUR SOLE RISK. LIVDAO DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- LIVDAO DOES NOT WARRANT THAT THE AN ITEM WILL FUNCTION IN AN UNINTERRUPTED, DEFECT-FREE OR ERROR-FREE MANNER OR THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED. LIVDAO ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, USEFULNESS, OR DECENCY OF ANY DESCRIPTION OF ANY ITEM. LIVDAO DOES NOT WARRANT THAT AN ITEM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR PURCHASE OF, ACCESS TO AND USE OF AN ITEM.
- IN NO EVENT SHALL LIVDAO OR ITS SUBSIDIARIES OR AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR OTHER REPRESENTATIVES (“AFFILIATED ENTITIES”) BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES, EVEN IF LIVDAO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM (1) THE QUALITY OF AN ITEM, INCLUDING THE PRESENCE OF ANY DAMAGE OR DEFECTS, (2) THE USE OF OR INABILITY TO USE AN ITEM OR ANY SERVICE THAT LIVDAO MAY PROVIDE IN CONNECTION WITH AN ITEM OR OTHERWISE; (3) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (4) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE; OR (5) ANY OTHER MATTER RELATING TO THE AN ITEM OR SERVICE THAT LIVDAO MAY OFFER IN CONNECTION WITH AN ITEM, ANY TRANSACTION WITH YOU OR OTHERWISE.
- THE MAXIMUM LIABILITY OF LIVDAO AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO LIVDAO FOR AN ITEM. IF YOU ARE LOCATED IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR PURCHASE OF AN ITEM, ANY SERVICE PROVIDED IN CONNECTION WITH AN ITEM OR ANY TRANSACTION WITH LIVDAO IN CONNECTION WITH AN ITEM, LIVDAO’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
LivDao Furniture Purchase Agreement was last updated in May 2021