ACCEPTANCE OF TERMS
USE OF THE SITE
Minors (individuals under 18 years of age) are not eligible or authorized to view or use the Site, and we ask that they do not submit any information, content or materials to us.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
All content on this Site, including, without limitation to, code and software, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, is the exclusive property of and owned by Bench City, its licensors, and/or its content providers, and is protected by copyright, trademark and other applicable laws worldwide. All content is provided to you under a license that is revocable at any time in Bench City’s sole discretion. Bench City neither warrants nor represents that your use of materials on this Site will not infringe the rights of third parties.
You may access, download, store, display on your computer, view, listen to, copy, and print the materials and content that Bench City publishes or broadcasts on this Site or makes available for download through the Site for your personal, informational and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice appearing on the material you access, copy, download or print, and further provided that you do not distribute or transfer such materials and content.
Except as permitted in the paragraph above, you may not modify, reproduce, distribute, display, sell, lease, transmit, upload, license, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this site or any material, information, software, products or services or portions thereof unless expressly permitted by Bench City in writing. You may not make any commercial use of any of the information provided on the site or make any use of the site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation to, if we believe that customer conduct violates applicable law or is harmful to our interests. You shall not upload to, distribute, or otherwise publish through this site any content, information, or other material that: (i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this site are that of the individual expressing such submission or opinion and may not reflect our opinions. Product representations expressed on this site are that of the supplier and are not made by us. We may assign you a password and account identification to enable you to access and use certain portions of this site. Each time you use a password or identification, you will be deemed authorized to access and use the site in a manner consistent with the terms and conditions of this agreement, and we have no obligation to investigate the authorization or source of any such access or use of the site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation to, all communications and transmissions, and all obligations, including, without limitation to, financial obligations incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site's security.
MATERIALS YOU SUBMIT
You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any materials and content, or other Submissions. We may, but shall not be obligated to, remove or edit any Submissions, including comments or reviews, for any reason.
You acknowledge that you are responsible for any material you may submit via this Site, including, without limitation to, the legality, reliability, appropriateness, originality and copyright ownership of any such materials or content. You may not upload to, distribute or otherwise publish through this Site any materials or content that: (i) are false; fraudulent; libelous; defamatory; abusive; obscene; threatening; or otherwise objectionable; confidential; infringing or invasive of privacy or publicity rights; infringing on enabling software rights; abusive, and/or illegal; (ii) may constitute or incite a criminal offense; violate the rights of any party; or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, worms or any other form of malware; political campaigning; or chain letters; mass mailings; or any form of “spam.” You may not upload commercial content onto the Site.
You agree to defend, indemnify and hold Bench City harmless from and against any, and all, claims, damages, costs and expenses, including attorney’s fees, arising from and related to your use of the Site.
This Site features logos, brand identities and other trademarks and service marks (hereinafter the “Marks”) that are the property of, or are licensed to Bench City or its affiliates, its licensors, and/or content providers. All Marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on this Site without written permission of Bench City or any third party that may own Marks displayed on the Site. Bench City reserves all rights not expressly granted in and to the Site and its content. This Site, and all of its content and Marks (hereinafter the “Compilation”), including, without limitation to, code and software, text, designs, graphics, logos, icons, buttons, images, video, audio, downloads, interfaces, and the selection and arrangement thereof, are property of Bench City, its affiliates or its suppliers, and are protected as a Compilation under the United States and international copyright laws. Bench City, BenchCity.com, and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Bench City, its affiliates, suppliers or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING STATEMENTS
This Site may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Any such forward-looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from Bench City’s historical experience and our present expectations or projections. Bench City undertakes no obligation to publicly update or revise any forward-looking statements.
EXPORT RESTRICTIONS AND LEGAL COMPLIANCE
Except where otherwise expressly provided, this Site, the products offered for sale on it, the transactions conducted through it, and all materials and content therein are provided on an “as is” and “as available” basis. Bench City makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, without limitation to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration. This site may include inaccuracies, mistakes or typographical errors. Bench City makes no warranty that the Site, materials and content will be error free, meet your requirements, will be available on an uninterrupted or secure basis, or that the quality of any materials or content obtained by you on or through the Site will meet your expectations.
If you download any material or content from this Site, you do so at your own discretion and risk. You are responsible for any damage to your computer system, or loss of data, that results from the download of any such material or content.
LIMITATION OF LIABILITY
In no event and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Bench City be liable for any direct, indirect, special, incidental or consequential damages of any kind arising from any use of the Site and the information contained herein, including, without limitation to, indirect, incidental, punitive, exemplary, special or consequential damages including, without limitation to, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer or software failure or malfunction. To the maximum extent permitted by applicable law, our total liability to you for any damages, regardless of the foundation for the action, shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.
You specifically acknowledge and agree that neither Bench City nor its suppliers, shall be liable for any defamatory, offensive or illegal conduct of any user of the Site. Your sole and exclusive remedy for any of the above claims, or any dispute with Bench City, is to discontinue your use of the Site. You and Bench City hereby agree that any cause of action arising out of, or related to the Site, must commence within one (1) year after the cause of action accrues, or the cause of action is permanently barred.
EXCLUSION OF LIMITATIONS
RISK OF LOSS AND OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including, without limitation to, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Payment is due immediately at checkout.
PayPal is one method of payment we accept. It is fast and easy to use. You do not need a PayPal account to use this service. All you need is a credit card. PayPal also allows you to make bank wire transfers, however you must first open an account with them. PayPal is the safest, most secure and preferred method of payment.
PayPal Credit is another option offered to you from PayPal. You do need to open a PayPal account to use this service. Pay for your purchases when it's right for you. Choose PayPal Credit to pay all at once or enjoy the flexibility of paying over time with special financing offers. For example, if your purchase qualifies, you could enjoy No Payments + No Interest if paid in full in 6 months on $99+. Interest will be charged on your account from the posting date (which is usually within a few days after the purchase date) if the purchase balance is not paid in full within the promotional period. Subject to credit approval. Other offers may be available from time to time. The lender for PayPal Credit accounts is Comenity Capital Bank.
Once we have received your order and payment, we will contact you to confirm the details of your order prior to work beginning.
Orders will not ship immediately, as products are made-to-order. We ask for your patience after ordering. Our products are not produced using modern-day mass production operations, and we treat each product as one of a kind, with attention to detail and quality being of the utmost importance. We will keep you up to date on the progress of your order, from the time work begins, all the way to the shipment date. You will receive a tracking number once your order ships.
Free local delivery of any full size bench to residences and businesses in St. Petersburg, Florida and greater Pinellas County, Florida.
Freight shipping fees only apply for any full size bench to residences and businesses outside of Pinellas County, Florida. Freight shipping fees are applied before checkout, and are based on full size bench quantity ordered and shipping address state/zip code.
Free ground shipping for all other products.
Shipping applies to within the USA, and to Puerto Rico.
No shipping to PO boxes.
No shipping internationally.
We will contact you to confirm the details of your order prior to work beginning.
If you are not satisfied with your order for any reason whatsoever, please inform us any time between when we receive your order and payment, and when we contact you to confirm the details of your order, to receive a full, “no questions asked” refund, replacement or credit at Bench City's discretion.
Once work has begun on your order, all sales are final, and no refunds can be issued.
Only accounts in good standing are eligible for a refund. For example, if you've had an account with us before or currently have or open a second account with an outstanding balance, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
NON-REFUNDABLE PRODUCTS AND SERVICES
There are no refunds on certain products and services. These products and services will be clearly marked as non-refundable on the website.
You may terminate or cancel an order by giving Bench City written notice via your user account and/or the contact information listed on our website. In such event, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation if cancellation falls outside of the refund timeline window previously stated. Fees and charges total $50 for administration.
We require all cancellations to be done online through the Site in order to (a) confirm your identity, (b) confirm in writing that you are prepared for your order to be cancelled, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your order will be stopped immediately and permanently after a cancellation request is processed.
An order may be cancelled at any time prior to shipment. You will not receive a refund if cancellation falls outside of the refund timeline window previously stated. Cancellations or returns of an item or order that has already been delivered or shipped will be denied.
Due to the nature of our products, we will not accept returns of any product unless repair from shipping is necessary.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Bench City is not responsible for any change in exchange rates between the time of payment and the time of refund.
ACCURACY AND COMPLETENESS OF INFORMATION
Bench City is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only, and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our vendors, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have 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 canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. It may take your bank or credit institution a period of time to apply your credit once it is issued, please consult with them for details.
LINKS TO THIRD PARTY SITES
As a convenience to visitors and users, this Site may link to other sites owned and operated by third parties, and not owned or maintained by Bench City. However, even if such third parties are affiliated with Bench City, Bench City has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Bench City. Bench City is not, and shall not be, responsible for the materials or content of any linked sites, and does not make any representations regarding the content or accuracy of materials or content on such sites. Accessing and using such third party sites is entirely at your own risk.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation to, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including, without limitation to, damages, injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
This Site is created and controlled by Bench City in the State of Florida, USA. As such, the laws of the State of Florida will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in St. Petersburg, Florida, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Florida. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Florida. Arbitration under these Terms of Service shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall not affect the validity and enforceability of any remaining provision.
Last updated: May 9, 2020