Terms of Service

Overview

This Site is operated by Lielow Wherever LLC ("Lielow Wherever," "we," "us," or "our"), the operator of the Lielow brand. Throughout the Site, the terms "we," "us," and "our" refer to Lielow Wherever LLC. By visiting our site at lielowwherever.com (the "Site") and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms, conditions, and policies referenced herein or available by hyperlink, including our Privacy Policy, Return Policy, and Shipping Policy.

These Terms of Service apply to all users of the Site, including without limitation browsers, customers, vendors, and contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions of this agreement, you may not access the Site or use any Service.

We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

1. Eligibility

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or are the age of majority in your state or province of residence, and you have the legal capacity to enter into a binding contract.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including copyright and consumer protection laws).

2. General use of the Site

Your access to and use of the Site must be made in accordance with these Terms and applicable law. You agree that you will not:

• Misrepresent your identity or your affiliation with Lielow Wherever.
• Suggest or imply that you are endorsed, sponsored, or affiliated with Lielow without our prior written consent.
• Use the Site or Service in a manner that damages or takes unfair advantage of our goodwill or reputation.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Service without our express written permission.
• Transmit viruses, malware, or any code of a destructive nature.
• Attempt to gain unauthorized access to our systems or other users' accounts.

We reserve the right to refuse Service, terminate accounts, or cancel orders at our sole discretion, including in cases of suspected fraud, resale, or abuse.

3. Accuracy of information

We make every effort to display our products and pricing accurately. However, this Site may contain typographical errors, inaccuracies, or omissions, including with respect to product descriptions, pricing, promotions, availability, and shipping. We reserve the right to correct any such errors and to change or update information, or cancel orders, at any time without prior notice (including after an order has been submitted).

We do not warrant that product descriptions, images, or other content on the Site are accurate, complete, current, or error-free. Due to photographic, screen calibration, and rendering limitations, the physical product may differ in appearance to a small extent from how it is shown online. Each unit may also vary slightly given the handmade nature of certain elements.

4. Products and limited editions

Our products, including Volume 0, are produced in limited quantities and may be hand-numbered. We do not guarantee that any product, color, or edition will be restocked or reissued. Future drops may differ in price, fabric, dimensions, or hardware.

We reserve the right, but are not obligated, to limit the sale of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer, and to limit the number of units a single customer or household may purchase. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

5. Orders, contract formation, and payment

By placing an order through the Site, you make an offer to purchase the product(s) on these Terms. All orders are subject to availability, confirmation of price, and our acceptance.

Order acknowledgement vs. acceptance

When you place an order, you will receive an order confirmation email. This email is an acknowledgement that we have received your order — it does not constitute acceptance of your order. A binding contract is formed only when we charge your payment method and dispatch the product, or otherwise expressly confirm acceptance.

Pricing

Prices are shown in U.S. dollars and exclude applicable taxes and shipping unless stated otherwise. We are not responsible for typographical errors. If we discover a pricing error after you place an order, we will contact you with the option to confirm the order at the correct price or cancel it. If we cannot reach you within a reasonable period of time, we will treat the order as cancelled and refund any amount paid.

Payment

We accept payment through Shop Pay and other payment methods made available at checkout. By submitting payment information, you represent that you are authorized to use the payment method and you authorize us to charge the total amount of your order, including taxes and shipping. We carry out a standard pre-authorization check on your payment method. Goods will not be dispatched until payment has been received and verified.

6. Shipping, delivery, and risk of loss

Shipping is governed by our Shipping Policy. Delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs, weather, or other circumstances outside our reasonable control.

Risk of loss and title for products pass to you upon our delivery of the products to the carrier.

International customers are responsible for any duties, taxes, or import fees imposed by the destination country.

7. Returns, refunds, and exchanges

Returns, refunds, and exchanges are governed by our Return Policy, which is incorporated into these Terms by reference. Please review it before placing an order.

Nothing in these Terms limits any non-excludable rights you may have under applicable consumer protection laws.

8. Product use and safety

Bean filling

Our products ship empty and are designed to be filled by the customer with expanded polystyrene (EPS) beans or similar approved filler. You are responsible for sourcing filler from a reputable supplier and filling the product safely. Bean filler poses a serious choking and inhalation hazard to children and pets. Keep filler away from children under three (3) years of age at all times. Always fill in a well-ventilated area, away from open flames, and follow any filling instructions we provide.

Intended use

Our products are designed as portable seating for personal use in dry environments such as parks, rooftops, balconies, beaches, and pools. They are not designed or tested for use as personal flotation devices, life-saving equipment, pet beds, or commercial seating. Do not use the product in or on water as a flotation aid. Do not leave the product unattended in extreme weather.

Supervision

Use by children must be supervised by an adult at all times. Do not allow children to play with the empty cover or with loose bean filler.

Maintenance

Follow the care instructions provided with the product. Misuse, improper care, or modification of the product may void any applicable warranty and may pose safety risks.

You acknowledge that you have read and understood these safety instructions and assume responsibility for safe use of the product.

9. User content and social media license

You may submit reviews, photographs, comments, or other content on the Site or on social media in connection with our products ("User Content").

License to us

By submitting User Content, or by tagging or mentioning us on social media using @lielow.wherever, #lielowwherever, or any related Lielow or Lielow Wherever handle or hashtag, you grant Lielow Wherever LLC a perpetual, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and perform such User Content in any media and for any purpose, including marketing, advertising, and promotional materials, in connection with the Lielow brand and Lielow Wherever LLC.

Your representations

You represent and warrant that you own or otherwise have the necessary rights to grant this license; that the User Content is your original work or you have permission from any person depicted in it; and that the User Content does not infringe any third-party rights, violate any law, or contain defamatory, obscene, or unlawful material.

No obligation

We are not obligated to use any User Content and may remove or refuse to display any User Content at our sole discretion.

Personal information

You should not send us, and should not include in any User Content, any sensitive personal information (such as financial account numbers, health information, or government IDs).

10. Intellectual property

The Site and all content on it — including text, graphics, logos, images, photographs, videos, designs, the Lielow name and logo, the Lielow Wherever name, and all related trademarks (collectively, "Content") — are the property of Lielow Wherever LLC or its licensors and are protected by U.S. and international intellectual property laws.

You may not copy, reproduce, modify, distribute, transmit, display, sell, or otherwise exploit any Content for commercial purposes without our prior written consent. Personal, non-commercial use of the Site is permitted.

The Lielow name, the Lielow Wherever name, and all related logos and marks are trademarks of Lielow Wherever LLC. All other trademarks appearing on the Site are the property of their respective owners.

11. SMS / mobile messaging terms

Our SMS marketing program is operated on our behalf by Klaviyo or a similar provider. By opting in, you consent to receive recurring automated marketing text messages from Lielow at the mobile number you provide, including messages sent using an automatic telephone dialing system. Consent is not a condition of purchase.

Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe and HELP for help, or email hello@lielowwherever.com.

Service-related messages (such as order confirmations and shipping updates) may continue after you opt out of marketing messages.

We may modify or cancel the SMS program or these mobile terms at any time without notice. Carriers are not liable for delayed or undelivered messages. Full details are provided in our Privacy Policy.

12. Promotions, discounts, and giveaways

Promotional codes, discounts, and giveaways are offered at our sole discretion and may be subject to additional terms. Unless otherwise stated, codes cannot be combined with other promotions, are non-transferable, have no cash value, and may be discontinued or modified at any time.

Giveaways and contests are subject to their own published rules. You are responsible for any taxes associated with prizes.

13. Disclaimers and limitation of liability

THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIELOW WHEREVER LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIELOW WHEREVER LLC OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits any non-excludable rights you have under applicable consumer protection laws.

14. Indemnification

You agree to indemnify, defend, and hold harmless Lielow Wherever LLC and its affiliates, officers, directors, employees, and agents from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to (a) your breach of these Terms, (b) your violation of any law or third-party right, or (c) any User Content you submit.

15. Governing law and dispute resolution

These Terms and any dispute arising out of or related to them or the Site are governed by the laws of the State of New York, without regard to its conflict of laws principles. Any dispute that cannot be resolved informally will be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.

Nothing in this section prevents either party from seeking relief in small claims court for disputes within the court's jurisdiction.

16. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by discontinuing your use of the Site. We may terminate these Terms or suspend your access to the Site at any time, with or without notice, if we believe you have violated these Terms.

The provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

17. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions.

18. Entire agreement

These Terms, together with the Privacy Policy, Return Policy, Shipping Policy, and any other policies or operating rules posted by us on the Site, constitute the entire agreement between you and Lielow Wherever LLC and govern your use of the Site, superseding any prior agreements, communications, or proposals between us.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

19. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms at any time without notice.

20. Contact us

Questions about these Terms of Service should be sent to:

Lielow Wherever LLC
Re: Terms of Service
Email: hello@lielowwherever.com