Terms and Conditions
Terms of Service
These Terms of Service contain an arbitration provision. Please review the Arbitration section for details.
These Terms of Service (“Terms”) govern your use of the besthome-us.com website (“Site”) and related services (“Services”). The provider (“Company,” “we,” or “us”) makes the Site and Services available. “You” refers to you as a user of the Site or Services.
BY USING THE SITE OR SERVICES, YOU AGREE TO THESE TERMS. PLEASE READ THEM CAREFULLY.
1. Eligibility
You must be at least the age of majority in your jurisdiction to use the Site or Services. If you are a minor, your parent or legal guardian must agree to these Terms on your behalf, and you may only access and use the Site and Services with their permission.
2. Terms of Sale
Order Acceptance: Receipt of an order number or an email confirmation alone does not constitute acceptance of an order. Payment is processed upon order acceptance. We reserve the right, without prior notice, to limit order quantity on any item or refuse service to any customer. Verification of information may be required prior to order acceptance. Prices and product availability on the Site are subject to change without notice. We reserve the right to refuse or cancel any order for any reason.
Shipping: Shipping is subject to our shipping terms available on the Site. Estimated shipping times are provided on product pages. These are estimates and subject to product availability. If a product is out of stock or on backorder, we will contact you with a new shipment date. You may then keep the order, cancel the item, or cancel the entire order.
Inaccuracy Disclaimer: Occasionally, the Site may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted an order).
Product Variation: Variations in weave, fiber size, color, shade, and overall dimensions are normal characteristics for certain products and are not considered defects. Because monitors display colors differently, we are not responsible for variations between actual product color and on-screen display.
Order Returns and Refunds: Each order is subject to our return and refund policies available on the Site.
Special Offers: Occasionally we offer promotions such as gifts with purchase, free shipping, or other offers. These may be for a limited time only or subject to availability.
3. Additional Terms
Some Services have additional terms and conditions (“Additional Terms”). Where applicable, we will make them available for you to read. By using that Service, you agree to the Additional Terms.
4. Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services and any use made through your account. When using the Site or Services, you may not:
- Violate any law or regulation.
- Violate, infringe, or misappropriate others’ intellectual property, privacy, publicity, or other legal rights.
- Post or share anything illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.
- Send unsolicited or unauthorized advertising or commercial communications, such as spam.
- Engage in spidering, harvesting, or use software designed to collect data from the Site or Services without our permission, including for developing or improving any software program, algorithm, or AI model.
- Transmit viruses or other technologies meant to disrupt, damage, or interfere with computer systems.
- Stalk, harass, or harm another individual.
- Impersonate any person or entity or perform similar fraudulent activity, such as phishing.
- Scrape or crawl any web pages on the Site.
- Attempt to circumvent technological measures we or our providers use to protect the Site or Services.
- Attempt to decipher, decompile, disassemble, or reverse engineer any software or underlying code used for the Site or Services.
- Advocate, encourage, or assist any third party in doing any of the foregoing.
5. User Content
The Site and Services may allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of your intellectual property rights in that User Content.
When you upload or submit User Content, you grant us and our partners a license to use, host, store, reproduce, modify, create derivative works, publicly perform, display, and distribute your User Content for the limited purpose of operating, promoting, improving, and developing the Site and Services. This license is non-exclusive, royalty-free, worldwide, perpetual, and transferable.
You promise that: (a) you own all rights to your User Content or have the right to grant the license above; and (b) your User Content does not infringe any third party’s legal rights. We may refuse to accept or transmit User Content for any reason, and we may remove User Content from the Site or Services for any reason.
6. Ownership
Other than User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content (“Our Content”); and (b) our trademarks, logos, trade dress, and brand elements (“Marks”). The Site, Services, Our Content, and Marks are protected under applicable laws. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without our express written permission.
7. Copyright and Intellectual Property Policy
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to applicable laws (e.g., the U.S. Digital Millennium Copyright Act). If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing:
- A description of the copyrighted work you claim has been infringed.
- A description of where the alleged infringing material is located on the Site.
- A statement that you have a good faith belief the disputed use is not authorized.
- Your electronic or physical signature.
- A statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act.
For clarity, only copyright infringement notices should go to our designated agent. If you believe content was removed or disabled by mistake, you may submit a counter-notice with your signature, identification of the content, a statement of good faith belief of mistake, and your contact information. We will forward the counter-notice to the original claimant. The claimant must then notify us within a set period that they have filed for a court order to restrain your activity. If we receive such notification, we cannot restore the material; otherwise, we may reinstate it.
8. Privacy
Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and share personal information. You are responsible for maintaining the confidentiality of your account information, including username and password, and for all activities under your account. You agree to notify us immediately of any unauthorized access or use of your account.
9. Links
The Site and Services may contain links to other websites or online resources. A link to a third-party website does not mean we endorse it or are affiliated with it. We are not responsible for any damage or loss related to your use of any third-party website. Always read the terms and privacy policy of a third-party website before using it.
10. Browsing Session Information
We use technologies that maintain records of your browsing session, chats, and other activities on our Site. These may include session replay, chat transcripts, cookies, pixels, and other tracking technologies that collect and share interactions. We use this information for quality control, customer service, fraud prevention, and security in accordance with our Privacy Policy.
11. Changes to the Site or Services
We may change or discontinue the Site or Services at any time, with or without notice to you.
12. Termination
We reserve the right to not provide the Site or Services to any person and to terminate any user’s access at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
13. Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THEY ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT ON THE SITE OR SERVICES, OR CONTENT OF LINKED SITES. WE HAVE NO LIABILITY FOR: (A) ERRORS OR INACCURACIES; (B) PERSONAL INJURY OR PROPERTY DAMAGE; (C) UNAUTHORIZED ACCESS TO USER DATA; (D) INTERRUPTION OF TRANSMISSION; (E) BUGS, VIRUSES, OR SIMILAR HARMFUL CODE; OR (F) ANY LOSS OR DAMAGE FROM USE OF CONTENT POSTED THROUGH THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF SUBSTITUTE PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY TO YOU WILL BE LIMITED TO THE FEES YOU HAVE ACTUALLY PAID US DURING THE PERIOD PRIOR TO THE CLAIM.
14. Indemnification
You agree to indemnify and hold us and our affiliates harmless from any claims, costs, losses, damages, and expenses (including reasonable attorney’s fees) arising from your breach of these Terms or use of your account.
15. Informal Dispute Resolution
Before initiating any formal legal proceeding or arbitration, you and we agree to make a good faith effort to resolve any dispute informally. You agree to notify us in writing (via available contact methods on the Site) describing the dispute, the basis for your claims, and the resolution you seek. You agree to personally participate in a telephone or videoconference to discuss resolution. Compliance with this informal process is a condition precedent to commencing arbitration. The statute of limitations and filing fee deadlines will be tolled during this process.
16. Arbitration Agreement & Waiver of Certain Rights
You and we agree to resolve any claims through final and binding arbitration instead of court proceedings, except as set forth below. This agreement applies to any existing or future claims. You and we waive any right to a jury trial. The arbitration will be administered by a recognized arbitration body under its consumer rules. The arbitrator’s decision will be final and binding. The arbitration will be kept confidential.
To begin arbitration, you must send an individual letter signed by you requesting arbitration and describing your claim to our designated address (available on the Site). That letter must be sent before you initiate arbitration.
If the costs of arbitration would be prohibitive compared to litigation, we will pay as much of the administrative and arbitrator’s fees as necessary. The arbitrator may apportion costs.
This arbitration agreement does not preclude seeking action by government agencies or bringing qualifying claims in small claims court. Neither you nor we may act as a class representative or participate as a member of a class of claimants. The arbitrator may decide only individual claims.
If any provision of this Section is found invalid, it shall be severed, but the remainder remains in effect. If a claim proceeds in court rather than arbitration, both parties waive any right to a jury trial.
If twenty-five (25) or more similar coordinated claims are asserted, resolution may be delayed, and a staged process will apply. Claims will be batched, mediated, and resolved in stages.
17. Other Provisions
We will not be liable for delay or failure due to acts of nature or other causes beyond our reasonable control.
These Terms will be governed by the laws of the applicable jurisdiction without regard to conflict of laws principles.
To the extent any action is not required to be arbitrated or filed in small claims court, such action must be brought in the federal or state courts located within the applicable jurisdiction, and you consent to the exclusive personal jurisdiction of such courts.
If any provision is found unlawful or unenforceable, it will be severed without affecting the rest. Our failure to enforce any right does not waive that right. We may assign our rights and obligations under these Terms.
18. Changes to these Terms
We may change these Terms from time to time by posting the revised Terms on the Site. Changes are effective when posted. Please check the Site frequently for any changes.