TERMS OF SERVICE
OVERVIEW
This website is operated by Passionate Provisions LLC, doing business through passionateprovisions.com. Throughout the site, the terms “we,” “us,” and “our” refer to Passionate Provisions LLC.
Passionate Provisions LLC offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site, requesting a quote, submitting information, and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including additional terms, conditions, and policies referenced herein or otherwise made available to you in connection with your order.
These Terms apply to all users of the site, including without limitation browsers, customers, vendors, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access the website or use the Services.
Any new features, products, or tools added to the store will also be subject to these Terms.
You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. Your continued use of the website following the posting of changes constitutes acceptance of those changes.
Our store is hosted by Shopify, which provides the e-commerce platform that enables us to offer products and services to you.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have given any required consent for minor dependents to use this site.
You may not use our products or Services for any illegal or unauthorized purpose, nor may you violate any applicable laws in your jurisdiction through your use of the Service.
You must not transmit worms, viruses, malicious code, or other material designed to interfere with the operation or security of the Service.
A breach or violation of these Terms may result in termination of your access to the Services.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service or decline an order where permitted by applicable law.
You understand that information you submit through the Service, other than payment information handled through secure payment processing systems, may be transmitted over various networks and adapted to technical requirements of connecting networks or devices.
Payment information is processed using applicable security measures provided by our payment processors and e-commerce providers.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, access to the Service, or website content without our express written permission.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make reasonable efforts to provide accurate and current information. However, information made available through the Site may occasionally contain errors, omissions, or outdated information.
Material on this site is provided for general information and should not be relied upon as the sole basis for decisions requiring manufacturer specifications, professional advice, code compliance, installation requirements, or other specialized information.
We reserve the right to modify the contents of the site at any time and to correct errors or omissions as necessary.
SECTION 4 — MODIFICATIONS TO SERVICES AND PRICES
Prices for our products and services are subject to change without notice, subject to applicable law and any written order or quote already accepted by us.
We reserve the right to modify or discontinue the Service, or any portion of it, at any time.
We will not be liable for website modifications, price changes, suspension, or discontinuation of the Service except as otherwise required by applicable law or an accepted agreement.
SECTION 5 — PRODUCTS AND SERVICES
Certain products or services may be available exclusively online or through a custom quote.
Product availability may be limited and is subject to manufacturer or distributor inventory and availability.
We make reasonable efforts to display product images, specifications, descriptions, and other information accurately. Product images may be representative, and actual appearance may vary due to manufacturer changes, configurations, options, screen displays, or other factors.
Product specifications and pricing may change without notice prior to order acceptance.
We reserve the right to limit sales of products or Services to any person, geographic region, or jurisdiction where permitted by law. We may also limit quantities or discontinue products.
Returns and cancellations are subject to our Returns & Cancellations Policy and any applicable product-specific, manufacturer-specific, distributor-specific, or written order terms.
SECTION 6 — ORDERS, BILLING AND ACCOUNT INFORMATION
We reserve the right to accept, refuse, limit, or cancel an order where permitted by law.
An order submitted through the website does not necessarily constitute final acceptance by Passionate Provisions LLC. Orders may be subject to payment authorization, product availability, pricing verification, shipping verification, manufacturer or distributor acceptance, fraud screening, and other reasonable order-review procedures.
If we need to modify or cancel an order, we may attempt to notify you using the email address, billing address, shipping address, or phone number provided with the order.
You agree to provide current, complete, and accurate purchase, billing, shipping, and account information.
You are responsible for ensuring that delivery addresses, contact information, product selections, quantities, and applicable project information are accurate before your order is finalized.
SECTION 7 — OPTIONAL TOOLS AND THIRD-PARTY SERVICES
We may provide access to third-party tools or services that we do not control.
Access to such tools may be provided “as is” and “as available.” Your use of third-party tools is subject to the terms and policies of the applicable provider.
We may introduce new services, features, financing options, payment services, or other tools in the future. Such features will also be subject to these Terms and any additional terms provided by the applicable third party.
SECTION 8 — THIRD-PARTY LINKS
Certain content, products, or services available through our Service may include materials or links from third parties.
Third-party links may direct you to websites not affiliated with or controlled by Passionate Provisions LLC. We are not responsible for the content, accuracy, privacy practices, policies, or services of third-party websites.
Please review the applicable third party's policies and terms before engaging in transactions with them.
SECTION 9 — USER COMMENTS, REVIEWS, FEEDBACK AND SUBMISSIONS
If you submit reviews, feedback, suggestions, photographs, ideas, or other content to us, you represent that you have the right to provide that content and that it does not violate the rights of another party or applicable law.
You agree that your submissions will not contain unlawful, abusive, defamatory, obscene, malicious, fraudulent, or infringing material or malicious software.
You may not use a false identity or intentionally mislead us regarding the origin of a submission.
We reserve the right, but have no obligation, to monitor, edit, or remove content that violates these Terms or applicable law.
SECTION 10 — PERSONAL INFORMATION
Your submission and our processing of personal information through the store are governed by our Privacy Policy and applicable privacy settings and disclosures.
SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site or within the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, pricing, promotions, shipping charges, transit times, availability, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to update information as appropriate.
If an error materially affects an order you have submitted, we may contact you to provide corrected information or, where appropriate and permitted by law, cancel or modify the affected order and issue any applicable refund.
SECTION 12 — PROHIBITED USES
You are prohibited from using the site or its content:
- For any unlawful purpose;
- To solicit others to perform unlawful acts;
- To violate applicable laws, regulations, rules, or ordinances;
- To infringe intellectual property or other legal rights;
- To submit false, fraudulent, or misleading information;
- To upload or transmit malicious software or code;
- To collect or track personal information of others unlawfully;
- To spam, phish, scrape, crawl, or otherwise misuse the Service;
- To interfere with or circumvent security features of the Service; or
- For any other purpose prohibited by applicable law.
We reserve the right to terminate or restrict use of the Service for violations of these Terms.
SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that use of the website or Service will always be uninterrupted, timely, secure, or error-free.
Except for warranties expressly provided by Passionate Provisions LLC in writing, products and services are provided subject to applicable manufacturer warranties, product documentation, and applicable law.
To the fullest extent permitted by applicable law, Passionate Provisions LLC and its officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the Service or products purchased through the Service.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
SECTION 14 — INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Passionate Provisions LLC and its affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from claims or demands arising from your material breach of these Terms, violation of applicable law, or infringement of the rights of a third party.
SECTION 15 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and any unenforceable portion will be severed without affecting the validity and enforceability of the remaining provisions.
SECTION 16 — TERMINATION
These Terms remain effective unless terminated by you or us.
You may terminate your use of the Service by ceasing to use the website.
We may terminate or restrict access to the Service if we reasonably determine that you have materially violated these Terms, subject to applicable law.
Obligations and liabilities incurred before termination will survive where appropriate.
SECTION 17 — ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, Shipping & Delivery Policy, Returns & Cancellations Policy, applicable product-specific terms, accepted quotes, and other policies or written terms incorporated into an order, constitute the applicable agreement between you and Passionate Provisions LLC regarding use of the Service and purchases made through it.
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
SECTION 18 — COMMERCIAL EQUIPMENT, MANUFACTURER TERMS & ORDER REQUIREMENTS
Passionate Provisions LLC sells commercial equipment supplied or fulfilled by various manufacturers, distributors, and fulfillment partners. Product availability, specifications, lead times, warranties, shipping requirements, return eligibility, and other conditions may vary by product and supplier.
Product specifications, dimensions, capacities, utility requirements, installation requirements, and other technical information displayed on our website or provided in quotes are generally based on information supplied by the applicable manufacturer or distributor.
Customers are responsible for confirming that selected equipment is appropriate for the intended application and compatible with the installation site, including available dimensions, clearances, electrical service, gas supply, plumbing, drainage, ventilation, fire-suppression requirements, and other applicable site conditions.
Customers are also responsible for obtaining any permits, professional installation, inspections, and code approvals required by applicable law or local authorities unless Passionate Provisions LLC expressly agrees in writing to provide such services.
Certain products may be special-order, made-to-order, configured for a particular application, or otherwise subject to manufacturer-specific cancellation and return restrictions.
Product-specific, manufacturer-specific, distributor-specific, quote-specific, or other written order terms provided on a product page, during checkout, in a written quote, or before an order is finalized may apply in addition to these Terms. Where applicable terms differ, the more specific terms associated with the particular product or order will govern that aspect of the transaction to the extent permitted by law.
SECTION 19 — SHIPPING, FREIGHT AND DELIVERY
Commercial equipment may ship by LTL freight or other commercial freight carriers rather than standard parcel services.
Shipping charges, free-freight eligibility, delivery services, accessorial charges, delivery requirements, transit estimates, and freight procedures may vary by manufacturer, product, destination, and order.
Customers are responsible for providing accurate delivery information and identifying special delivery requirements before an order is finalized.
Commercial freight should be inspected upon delivery whenever reasonably possible. Visible damage should be documented on the carrier's delivery receipt, photographed, and reported promptly.
Additional requirements are described in our Shipping & Delivery Policy and any applicable product-specific or order-specific terms.
SECTION 20 — RETURNS, CANCELLATIONS AND REFUNDS
Returns and cancellations are governed by our Returns & Cancellations Policy and any applicable manufacturer-specific, distributor-specific, product-specific, or written order terms.
Submitting a cancellation or return request does not guarantee that an order can be canceled or returned.
Special-order, configured, installed, used, or otherwise restricted products may not be eligible for return.
Approved returns may be subject to applicable restocking fees, freight charges, inspection requirements, or other authorized deductions.
SECTION 21 — MANUFACTURER WARRANTIES
Commercial equipment may include warranties provided by the applicable manufacturer.
Unless expressly stated otherwise in writing, manufacturer warranties are provided and administered according to the manufacturer's applicable warranty terms, exclusions, procedures, and eligibility requirements.
Passionate Provisions LLC does not independently extend, modify, or replace a manufacturer's warranty merely by selling the manufacturer's product.
Customers may contact Passionate Provisions LLC for assistance identifying applicable warranty information or manufacturer support procedures.
SECTION 22 — QUOTES AND EQUIPMENT PACKAGES
Quotes and equipment packages prepared by Passionate Provisions LLC may be based on information supplied by the customer, manufacturer, distributor, or other relevant source.
Unless otherwise stated in writing, quotes are subject to product availability, pricing verification, freight requirements, manufacturer or distributor acceptance, and any expiration date or other conditions stated on the quote.
Customers are responsible for reviewing model numbers, quantities, dimensions, specifications, utility requirements, delivery information, and other order details before approving a quote or completing a purchase.
Changes requested after an order has been submitted may not be possible and may result in additional charges.
SECTION 23 — GOVERNING LAW
These Terms and any separate agreements whereby Passionate Provisions LLC provides Services will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and applicable federal laws of the United States, without regard to conflict-of-law principles, except where applicable law requires otherwise.
SECTION 24 — CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time on this page.
We reserve the right to update, change, or replace portions of these Terms by posting updates to our website.
Your continued use of the website or Service following the posting of changes constitutes acceptance of those changes to the extent permitted by applicable law.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Passionate Provisions LLC
Email: sales@passionateprovisions.com
Phone: 1 (888) 294-2354
Website: passionateprovisions.com