Terms and Conditions of Sale
These Terms and Conditions of Sale (“Terms”) govern the sale of products by Samick Music Corp DBA Health Mate (“Seller,” “we,” “us,” or “our”) to the purchaser (“Purchaser,” “you,” or “your”) through our website, online checkout, payment link, quote, invoice, email order process, or other sales channels.
By placing an order, submitting payment, clicking to accept these Terms, signing electronically, or otherwise purchasing products from Seller, Purchaser agrees to be bound by these Terms.
1. Applicability and Entire Agreement
1.1 Applicability.
These Terms apply to all sales of products by Seller to Purchaser unless otherwise expressly agreed in a written agreement signed by an authorized representative of Seller.
1.2 Entire Agreement.
These Terms, together with any order confirmation, invoice, quote, product-specific disclosures, warranty terms, and any documents expressly incorporated by reference, constitute the entire agreement between Seller and Purchaser regarding the purchase and sale of the products.
1.3 Conflicting Terms.
Any terms proposed by Purchaser (including in purchase orders, emails, or other communications) that are different from or in addition to these Terms are rejected and will not apply unless expressly accepted in writing by Seller.
1.4 Website Disclosures and Checkout Disclosures.
Product page disclosures, checkout disclosures (including “Key Delivery Terms”), and order-specific written disclosures presented to Purchaser before purchase are incorporated into these Terms.
2. Orders, Acceptance, and Pricing
2.1 Order Acceptance.
All orders are subject to acceptance by Seller. Seller may decline or cancel any order before shipment for any lawful reason, including pricing error, inventory unavailability, suspected fraud, or inability to deliver.
2.2 Pricing.
Prices are as stated in Seller’s quote, payment link, invoice, or online checkout at the time of purchase, subject to correction of obvious errors. Prices do not include taxes, shipping, delivery surcharges, storage fees, redelivery fees, or other charges unless expressly stated.
2.3 Taxes.
Purchaser is responsible for all applicable sales, use, excise, and similar taxes (excluding taxes on Seller’s net income), unless Purchaser provides a valid exemption certificate before payment.
2.4 Payment Terms.
Payment is due as stated in the invoice, payment link, or checkout process. Seller may require full payment before shipment.
2.5 Payment Processing Fees / Non-Refundable Fees.
To the extent permitted by law and clearly disclosed before purchase, certain third-party payment processor fees or transaction fees may be non-refundable in the event of cancellation or return if such fees are not returned to Seller by the processor.
3. Product Information, Availability, and Specifications
3.1 Product Descriptions.
Seller attempts to describe products accurately, but specifications, finishes, dimensions, features, and availability are subject to change without notice.
3.2 Images and Marketing Materials.
Images, renderings, and marketing materials are for general illustration and may not exactly reflect the delivered product.
3.3 Availability / Lead Times.
Estimated shipping or delivery dates are estimates only and are not guaranteed unless expressly stated in a written agreement signed by Seller.
4. Delivery, Title, and Risk of Loss
4.1 Shipment Method.
Seller will arrange shipment using a freight carrier or other delivery provider selected by Seller unless otherwise agreed in writing. All deliveries are CURBSIDE DELIVERY ONLY unless expressly agreed otherwise in writing by Seller (see Section 5 for full delivery terms).
4.2 Risk of Loss.
Risk of loss and title for products purchased from Seller pass to Buyer upon delivery of the product to the carrier; Seller shall have no liability for loss or damage occurring during transit, except as required by applicable law.
4.3 Delays.
Seller is not liable for delays caused by carriers, weather, labor issues, force majeure events, access issues, customer scheduling issues, or other events beyond Seller’s reasonable control.
5. Delivery Method; Curbside Delivery Only; Scheduling; Missed Appointments; Storage / Redelivery Fees
5.1 Curbside Delivery Only (Default Service).
Unless expressly stated in a written order confirmation signed by Seller, all shipments are CURBSIDE DELIVERY ONLY. “Curbside delivery” means the freight carrier will deliver the palletized shipment to the curbside, end of driveway, or nearest location at the delivery address that the carrier can safely access with its equipment.
5.2 No Inside / Garage / White-Glove Delivery Included.
Inside delivery, room-of-choice delivery, stair carry, unpacking, assembly, installation, removal of packaging, garage placement, and white-glove services are not included unless expressly purchased and confirmed in writing by Seller.
5.3 Nearest Accessible Location.
Carrier placement is limited to the nearest location the carrier can reasonably and safely access using available equipment and subject to road conditions, traffic, local rules, gate access, grade/slope, and physical obstacles. If the curb or accessible drop location is distant from the home or entrance (including long driveways, private roads, or gated properties), Purchaser understands and agrees the shipment may be placed at that curbside or nearest accessible location.
5.4 No Obligation to Enter Property.
The carrier is not required to move the shipment onto private property, through gates, up driveways, into garages, or inside any building.
5.5 Access Requirements.
Purchaser is responsible for ensuring the delivery address has suitable access for the delivery vehicle and equipment, including clear and lawful access, legal parking, and a reasonably safe curbside / driveway area. If access is restricted or unsafe, the carrier may decline, delay, or reschedule delivery, and additional charges may apply.
5.6 Delivery Appointments and Availability.
If the carrier uses appointment scheduling, Purchaser must promptly coordinate with the carrier and ensure an adult (18+) is present and available during the carrier’s delivery window.
5.7 Advance Notice of Blackout Dates / Unavailability.
Purchaser must notify Seller in writing before shipment of any delivery blackout dates, vacations, closures, or other periods of unavailability. If Purchaser does not provide written notice before shipment, Seller may proceed with shipment and Purchaser remains responsible for resulting charges caused by missed delivery or delay.
5.8 Missed Delivery / Refusal / Failure to Receive.
If Purchaser is unavailable, misses a delivery appointment, refuses delivery, fails to schedule delivery in a timely manner, provides an incorrect address, or otherwise causes a failed delivery, Purchaser is responsible for any resulting carrier charges, including detention, redelivery, storage, warehouse handling, return freight, and related fees.
5.9 Storage / Redelivery Fees (Actual Third-Party Cost Reimbursement).
Any storage, redelivery, warehouse, return freight, detention, or similar charges assessed due to Purchaser-caused delay, absence, refusal, or failure to receive delivery are intended as reimbursement of actual third-party charges (including carrier and/or warehouse invoices), not a penalty. Purchaser agrees to pay such charges before reshipment or redelivery may be arranged.
5.10 Seller Storage (If Applicable).
If Seller agrees to hold products before shipment at Purchaser’s request or due to Purchaser delay, Seller may charge reasonable storage fees at a commercially reasonable rate after notice to Purchaser.
6. Inspection, Delivery Receipt, and Shipping Damage Claims
6.1 Inspection at Delivery.
Purchaser must inspect the shipment upon delivery and before signing the carrier delivery receipt (or electronic proof of delivery), to the extent reasonably possible.
6.2 Visible Damage / Shortage Notation.
If visible damage, missing packages, or other shipment issues are observed at delivery, Purchaser must note the issue on the carrier receipt / proof of delivery and promptly notify Seller in writing with photos.
6.3 Concealed Damage.
Purchaser must inspect the product promptly after delivery and report concealed damage or shortages in writing to Seller within forty-eight (48) hours of receiving the package, including photos and packaging documentation. Failure to timely report may impair claims with the carrier.
6.4 Cooperation.
Purchaser agrees to cooperate with Seller and the carrier in any shipping damage investigation or claim process.
7. Returns, Refused Deliveries, and Cancellations
7.1 Return Policy; Authorization Required.
No return will be accepted without Seller’s prior written return authorization (RMA or equivalent) and return instructions.
7.2 Eligibility and Return Window.
Seller accepts returns only within thirty (30) days of delivery, subject to Seller’s prior written authorization, and only if the sauna is unused, unopened, and remains on its original pallet in original condition as determined by Seller. Buyer is responsible for all return shipping costs.
7.3 Pre-Shipment Cancellations.
Orders may be canceled without charge only if cancellation occurs before the shipment has left Seller’s facility or otherwise been released for shipment. Once the shipment has left Seller’s facility or has been released for shipment, the order may no longer be canceled and any requested return will be subject to Seller’s return policy.
7.4 Refused Deliveries.
Refused deliveries for any reason and unauthorized returns may be treated as returns subject to applicable shipping, handling, and restocking charges.
7.5 Restocking Fee.
Approved returns are subject to a restocking fee equal to twenty-five percent (25%) of the price of the sauna (or Seller’s actual costs, if higher), in addition to any applicable return shipping, handling, or processing charges. This restocking fee will be deducted from any refund issued.
7.6 Non-Refundable Charges.
To the extent permitted by law and as disclosed before purchase, certain charges may be non-refundable, including actual shipping charges incurred, return freight, carrier/warehouse fees, and third-party payment processing fees not returned to Seller.
7.7 Refund Timing.
Approved refunds will be processed to the original payment method (unless otherwise required by law) within a commercially reasonable time after Seller receives and inspects the returned product and determines applicable deductions.
7.8 B2B Sales.
If Seller offers separate terms for business/commercial purchasers, those B2B terms may differ from consumer return terms and will control where applicable.
8. Installation, Assembly, and Use
8.1 Purchaser Responsibility.
Purchaser is responsible for proper site preparation, assembly, installation, and use in accordance with Seller’s instructions and product documentation, unless Seller has expressly agreed in writing to provide installation services.
8.2 Electrical / Site Requirements.
Purchaser is responsible for verifying electrical compatibility, space requirements, and code compliance before purchase and installation.
8.3 Professional Assistance.
Seller may recommend using qualified professionals (including electricians and installers) where appropriate.
9. Limited Warranty and Disclaimer of Additional Warranties
9.1 Limited Warranty.
All products are subject only to Seller’s separate written limited warranty, which is incorporated into these Terms by reference. The current limited warranty is published on Seller’s website and is available at: https://healthmatesauna.com/warranty/. By purchasing a product, Buyer acknowledges and agrees that the applicable warranty is the sole warranty provided by Seller and all other warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose, are disclaimed to the extent permitted by law.
9.2 Exclusions.
Warranty coverage may be void or limited by misuse, improper installation, unauthorized modification, neglect, improper maintenance, commercial use (if not intended), or other excluded circumstances as stated in the warranty.
9.3 Disclaimer of Other Warranties.
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9.4 Consumer Rights.
Some states do not allow limitations on implied warranties, so some of the above limitations may not apply to certain Purchasers. These Terms give Purchaser specific legal rights, and Purchaser may also have other rights that vary by state.
10. Limitation of Liability
10.1 No Indirect Damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF USE, OR LOSS OF BUSINESS, ARISING OUT OF OR RELATING TO THE PRODUCTS OR THESE TERMS.
10.2 Liability Cap.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE PRODUCTS OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY PURCHASER TO SELLER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.
10.3 Exceptions.
The limitations in this Section apply to the fullest extent permitted by law and do not exclude liability that cannot be limited or excluded under applicable law.
11. Chargebacks, Payment Disputes, and Cooperation
11.1 Contact Seller First.
Purchaser agrees to contact Seller first to attempt to resolve any issue regarding shipping, delivery, missing items, or product concerns before initiating a chargeback or payment dispute.
11.2 No Waiver of Cardholder Rights.
Nothing in these Terms waives any rights Purchaser may have under applicable payment network rules or law.
11.3 Evidence of Agreement and Performance.
Purchaser acknowledges that Seller may rely on checkout records, clickwrap acceptance logs, T&C versions, product and checkout disclosures, order confirmations, carrier records, proofs of delivery, appointment logs, and communications in responding to disputes or chargebacks.
12. Electronic Communications and Electronic Acceptance
12.1 Electronic Communications.
Purchaser consents to receive communications from Seller electronically, including order confirmations, invoices, shipping updates, policy notices, and copies of applicable terms.
12.2 Electronic Acceptance / Clickwrap.
Purchaser agrees that acceptance of these Terms by electronic means, including checking a box, clicking a button, completing online checkout, submitting payment through a payment link, or other electronic assent, constitutes Purchaser’s valid agreement to these Terms and is enforceable to the same extent as a handwritten signature, to the fullest extent permitted by law.
12.3 Incorporation of Electronically Presented Terms.
Any version of these Terms displayed or linked during checkout, payment, or order confirmation and accepted electronically by Purchaser is incorporated into and forms part of the agreement between Seller and Purchaser.
12.4 Retention / Copy of Terms.
Purchaser may review, download, and print these Terms. Seller may provide a copy or link to the applicable Terms version in the order confirmation email.
13. Privacy
13.1 Privacy Policy.
Seller’s collection, use, and disclosure of personal information is governed by Seller’s Privacy Policy, which is incorporated into these Terms by reference and is available at: https://healthmatesauna.com/privacy/.
13.2 Operational Use of Data.
Seller may use order and contact information to process payments, coordinate shipping and delivery, provide customer support, and respond to disputes.
14. Compliance With Laws; Consumer Protection
14.1 Compliance.
Seller intends these Terms to comply with applicable law. If any provision is found unenforceable under applicable law, the remaining provisions will remain in effect to the maximum extent permitted.
14.2 Interpretation.
Any ambiguities will not be construed against either party solely by reason of authorship.
15. Governing Law and Venue
15.1 Governing Law.
These Terms and any dispute arising from the sale of products will be governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent applicable consumer protection law requires otherwise.
15.2 Venue.
Any action or proceeding arising out of or relating to these Terms, the sale of any product, or any transaction between Buyer and Seller shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and each party irrevocably submits to the jurisdiction of such courts.
15.3 Consumer Law Exceptions.
If applicable law in Purchaser’s state provides non-waivable rights or venue protections, those rights will apply to the extent required by law.
16. Force Majeure
Seller will not be liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, weather, natural disasters, labor disruptions, carrier delays, supply chain interruptions, governmental actions, war, terrorism, pandemics, epidemics, utility failures, or transportation disruptions.
17. Assignment
Purchaser may not assign or transfer any rights or obligations under these Terms without Seller’s prior written consent. Seller may assign these Terms in connection with a merger, acquisition, sale of assets, or corporate reorganization.
18. Severability; Waiver; Survival
18.1 Severability.
If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
18.2 Waiver.
No waiver by Seller of any breach or default will be deemed a waiver of any subsequent breach or default.
18.3 Survival.
Provisions that by their nature should survive completion, cancellation, or termination of the sale will survive, including payment obligations, warranty limitations, limitation of liability, dispute provisions, and governing law / venue.
End of Terms and Conditions of Sale