Terms of Sale
These Terms and Conditions of Sale (“Terms of Sale” or “Terms”) apply to any order placed or purchase made through buy.leafhomewatersolutions.com (the “Site” or “Store”) and are between you and Leaf Home Water Solutions, LLC (“LHWS” or “we” or “us” or “our”). By placing an order for or making a purchase of products at the Site (the “Products”), you agree to be bound by these Terms of Sale and represent and warrant that you have the right, authority, and capacity to enter into these Terms with us.
ARBITRATION NOTICE: YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW IN THE "DISPUTE RESOLUTION" SECTION.”
Orders
You can place an order by clicking the purchase button and adding the Products of your choice to the checkout basket. When placing an order, you will be required to provide us with information such as your name, mailing address, and billing information. You represent and warrant that all information is accurate and complete. We will have no responsibility or liability for inaccurate information, or for information that later becomes outdated, and we have no obligation to make efforts to determine your correct contact or shipping information. We reserve the right to cancel any order at our discretion without notice.
Any delivery dates or times provided by us (or a courier) are estimates only and are not guaranteed. The risk of loss in the Products you purchase passes to you upon delivery of the Products to you. We assume no responsibility for any damage resulting from your installation of the Product.
Returns
You have the right, within 30 days from the date of your receipt of any Products that are shipped to you directly, to return the Products. The Products must be fully returned in their original packaging with the applicable proof of purchase (i.e., a copy of your receipt) and you will be responsible for the cost of shipping. You may not return products after they have been installed. If, on return to us, it is determined that the Products have been used, damaged, are missing components, or are not in resalable condition, we may charge a restocking fee or otherwise reduce the amount of your refund, up to the original purchase price, to take account of this use, damage, or any missing components.
Price and Payment
We may accept various forms of payment, including credit and debit cards, or payments made through payment apps. Additional terms with your payment provider may apply.
By submitting an order, you acknowledge that you are authorized to use the designated payment method, and you authorize us to charge your order to that payment method. When you provide your payment information, you authorize us (or a third-party payment processor) to process and store your payment and related information. We may utilize an agent, subsidiary, or affiliate to process payment and shipping. In the event the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter in connection with your order. In the event you submit information or place an order as a guest on our Site, LHWS and its affiliates may store this information for use in connection with processing your order, providing support, and any marketing communications you elect to receive from us or our affiliates. Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.
Limited Shipping Territory
Products purchased through the Site will only be shipped to addresses of prior customers located within certain designated zip codes in Florida. You must have a Job ID number to order Products.
Third-Party Products
The Products are third-party products. Your purchase and use of the Products is subject to the applicable policies, agreements, and terms and conditions offered by such third-party manufacturer or supplier, including any license, warranty, indemnity, and support terms. We do not support or make any warranties about the Products that you purchase from our Site. Any warranty, damages, or indemnity claims against us in relation to the Products are expressly excluded.
Errors
We attempt to be as accurate as possible and to eliminate errors in relation to our Products; however, we do not represent or warrant that any Product descriptions or pricing information are accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. If we discover a pricing or other material error related to Products that have yet to be shipped or delivered, we will contact you to inform you of this error and give you the option of continuing to purchase at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled.
Taxes
If your purchase is subject to any type of use or sales tax, duty or other governmental tax or fee ("Taxes"), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your purchase of the Products.
Additional Terms and Policies
These Terms of Sale are subject to our terms of use and privacy policy.
No Resale
You may only purchase Products for personal use or to give as a gift. You may not purchase Products from us for resale, and we reserve the right to refuse or cancel your order if we suspect that you are purchasing Products for such purpose.
Data Protection
To the extent that we process any of your personal information for the purposes of any order, purchase, or download described in these Terms, Leaf Home, LLC is the data controller for the Site (and in respect of any personal information collected in connection with any order placed under these Terms). You authorize us (or a third-party payment processor) to process and store your payment and related information. For example, Leaf Home, LLC may pass your personal information to a third-party processor (including for payment and shipping) or, in the event you submit information or place an order as a guest on the Site, Leaf Home, LLC may store this information for use in connection with processing your order, providing support, and any marketing communications from Leaf Home, LLC or its affiliates.
Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS “DISPUTE RESOLUTION” SECTION REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION OF ANY AND ALL DISPUTES (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) WITH US ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us (including our parents, subsidiaries, affiliates, agents, and assigns) arising out of or related to these Terms or the Products (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your or our own behalf and cannot seek relief that would affect other users or purchasers of the Products. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with the limitations of this “Dispute Resolution” section, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this “Dispute Resolution” section. YOU AND WE EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY.
The American Arbitration Association (“AAA”) will administer all arbitrations under its Consumer Arbitration Rules, to be held and arbitrated in the county where your property is situated. The findings of the arbitrator shall be final and binding on all parties. Each party shall be responsible for its own fees and costs, unless otherwise determined by the arbitrator. This agreement to arbitrate, and any award, finding, or verdict of or from the arbitration, will be specifically enforceable under the prevailing law of any court having jurisdiction. The party asserting a claim shall file a notice of the demand for arbitration with the other party and with AAA. The demand for arbitration shall be made within a reasonable time after the claim has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim would be barred by the applicable statute of limitations. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. Any arbitration proceeding, and any award, finding, or verdict of or from such proceeding shall remain confidential between the parties and shall not be made public.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Leaf Home, LLC, ATTN: Legal, 1595 Georgetown Road, Hudson, Ohio 44236. Before we commence arbitration, we will send you a Notice of Dispute to the email address you provided, or other appropriate means. If we are unable to resolve a dispute within 60 days after the Notice of Dispute is received, you or we may commence arbitration.
Additional Terms
We may change these Terms at any time by posting revised terms on the Site. Any such new terms will be effective as of the date of posting and shall in no event be applicable to sales which concluded prior to the date the new terms are posted.
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of LHWS, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns as well as your successors and permitted assigns. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Except as otherwise provided in the Dispute Resolution section, if any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
The laws of the State of Ohio, to the extent not preempted by or inconsistent with U.S. federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
The Products are protected by copyright, patent, trademark, and other laws of the United States and other countries, and no licenses are granted to you by implication hereunder.
If you have any questions or concerns regarding these Terms or our Products, please contact us through the support center at (833) 452-2737, customersuccess@leafhomewatersolutions.com.