Terms of Service

Welcome to Elevated Stairs. Throughout the site, the terms “we”, “us” and “our” refer to Elevated Stairs. Elevated Stairs operates this store and website, including all related information, content, features, tools, products, and services, to provide you (the customer) with a curated shopping experience (the “Service”). Elevated Stairs is powered by Shopify, which enables us to provide the Service to you.

These Terms of Service (the “Terms”), along with any policies referenced herein, describe your rights and responsibilities when using the Service.

Please read these Terms carefully. They contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By accessing, interacting with, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms or the Privacy Policy, you must not access or use our Service.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow any of your minor dependents to use this Service on devices you own, purchase, or manage.

To use the Service, including browsing our online store or purchasing any products or services, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is true, accurate, complete, and current, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or permit any other person to use your account.

SECTION 2 - OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online store. However, the actual colors or product appearance may vary depending on your device type, settings, and configuration.

We do not guarantee that the appearance or quality of any products or services purchased will meet your expectations or match exactly what is described or displayed.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities of any products we offer to any person, geographic region, or jurisdiction.

(Custom Product Notice)

Many Elevated Stairs products are custom-made to order, based on project-specific dimensions, structural conditions, materials/finishes, and railing configurations. Because custom products are manufactured specifically for your project, cancellation, change, and return rules differ from standard retail products. See Section 3 (Orders), Section 5 (Shipping & Delivery).

SECTION 3 - ORDERS

Placing an order constitutes an offer to purchase. Elevated Stairs reserves the right to accept or reject any order for any reason. Your order is not accepted until we confirm acceptance and receive and process your payment. Please review your order carefully before submitting, as we may be unable to assist with cancellation once an order is accepted. If we do not accept, modify, or cancel your order, we will attempt to notify you using the email, billing address, and/or phone number provided at checkout.

You represent and warrant that you are purchasing products for personal or household use and not for commercial resale or export.

(Custom Orders & Drawing Approval Addendum)

1. Project Information: For custom stair and railing systems, we may request and rely on project details including, without limitation, stair opening dimensions, floor-to-floor height, slab thickness, wall/connection surface conditions, site constraints, railing locations, and material/finish preferences.

2. Final Approval: Prior to fabrication, we may provide drawings, layouts, or shop drawings for your approval. Your written approval confirms that dimensions, specifications, materials/finishes, and configurations are final.

3. Changes After Approval: Changes requested after approval may incur additional fees, extend lead times, or may be impractical or impossible.

4. Cancellation After Fabrication Begins: Once fabrication begins (including, without limitation, material procurement/cutting, welding, machining, finishing, or custom wood processing), orders are generally non-cancellable and non-refundable.

5. Measurements & Site Conditions: If measurements and site information are provided by you or third parties (contractor/designer/installer), you are responsible for verifying accuracy. Issues resulting from inaccurate measurements, site changes, construction variance, or structural conditions may result in additional costs or delays for which you are responsible. We strongly recommend professional site verification prior to fabrication.

6. Installation: Elevated Stairs does not provide onsite installation. We may provide installation guidance and limited remote support, but final installation quality, jobsite safety, and code compliance are the responsibility of the installer (see Section 5 addendum).

SECTION 4 - PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless explicitly stated, published prices do not include taxes, shipping, fees, duties, or import charges.

Prices in our online store may differ from prices offered by physical stores or third-party channels. Promotional offers may be governed by separate terms. If promotion terms conflict with these Terms, promotion terms control.

You agree to provide current, complete, and accurate purchase and account information and to promptly update your information, including email address and payment details.

(Payment Milestones Addendum)

Custom projects typically follow a staged payment schedule. Our standard milestone structure is 20% / 40% / 40% (subject to the payment terms stated in your written quotation or order confirmation).

1. The initial payment generally initiates design/engineering confirmation and material preparation;

2. The second milestone is generally due upon drawing/spec approval and/or during fabrication;

3. The final balance is generally due prior to shipment/delivery.

If milestone payments are not made on time, we may pause design, fabrication, or shipment. Delays resulting from late payment are not our responsibility.

(Custom Pricing Notice)

Custom pricing depends on structure type, dimensions, materials/finishes, railing options, complexity, and site conditions. Changes after approval or discrepancies between provided information and actual site conditions may result in additional costs.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Title and risk of loss transfer to you upon delivery of products to the carrier.

(Receiving, Damage, and Access Addendum)

1. Please inspect packaging and products upon delivery. If damage is suspected, document with photos/video and contact us promptly so we may assist with carrier claims.

2. If delivery access, unloading conditions, scheduling windows, or address details differ from what was provided, additional fees or delays may occur and are your responsibility.

3. Retain packaging and delivery documentation for claim review and support.

(Installation Notice)

Elevated Stairs does not provide onsite installation. Any installation is performed by the customer and/or their contractor/installer. We may provide installation guidance and limited remote support; however, we are not responsible for third-party installation workmanship, jobsite safety, code compliance, or damages caused during installation.

SECTION 6 - INTELLECTUAL PROPERTY

Our Service, including but not limited to all trademarks, branding, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, is owned by Elevated Stairs, its affiliates, or licensors and is protected by U.S. and foreign intellectual property laws.

These Terms permit you to use the Service for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Service without our prior written consent. Except as expressly provided, nothing in these Terms grants any license or other rights to any patents, trademarks, copyrights, or other intellectual property of Elevated Stairs, Shopify, or any third party.

Elevated Stairs’ name, logo, product and service names, designs, and slogans are trademarks of Elevated Stairs or its affiliates/licensors. Shopify’s name and marks are trademarks of Shopify. All other names and marks are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

As part of the Service, you may be provided access to tools offered by third parties over which we neither monitor nor control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, conditions, or endorsements. We shall have no liability arising from or relating to your use of optional third-party tools.

Your use of optional tools is entirely at your own risk and discretion, and you should ensure you are familiar with and approve the terms on which tools are provided by the relevant third-party provider.

We may also, in the future, offer new services and/or features through the Service (including new tools and resources). Such new features shall also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Service may contain links to third-party materials and websites, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our Service to access third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access of third-party websites or your purchase or use of any products, services, resources, or content from third parties. Please review third-party policies and practices carefully. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[Merchant note: This section accurately describes Shopify’s relationship with your store and should not be removed or modified.]

Elevated Stairs is powered by Shopify, which enables us to provide the Service to you. However, any sales and purchases you make in our store are solely between you and Elevated Stairs. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Elevated Stairs, including any injuries, damages, or losses resulting from products or services purchased. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchase and transactions with Elevated Stairs.

SECTION 10 - PRIVACY POLICY

Certain personal information may also be subject to Shopify’s privacy policy. By using the Service, you acknowledge that you have read these privacy policies.

Because the Service is hosted by Shopify, Shopify will collect and process information about your access and use of the Service to provide and improve the Service. Information you submit may be transferred to Shopify and third parties in other countries.

SECTION 11 - FEEDBACK

If you submit, upload, publish, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial use. We may use Feedback to operate, provide, evaluate, improve, and promote the Service and to perform and exercise our rights and obligations under these Terms.

You represent and warrant that (i) you own or have the rights necessary to submit all Feedback; (ii) you have disclosed any compensation received for submitting Feedback; and (iii) your Feedback will comply with these Terms.

We may, but have no obligation to, monitor, edit, or remove content we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

You agree that your Feedback will not violate any third-party rights or contain unlawful, abusive, or obscene material, or contain viruses or other malicious code. You may not use a false email address, impersonate someone else, or mislead as to the origin of Feedback. You are solely responsible for your Feedback and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Service only for lawful purposes. You may not access or use the Service, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Elevated Stairs, Shopify, or users of the Service, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, scrape, or engage in similar data collection activities; or (e) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your access to the Service at any time without notice if we determine that you have violated any provision of these Terms.

SECTION 14 - TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing use of the Service.

We may terminate this agreement or your access to the Service (or any part thereof) at any time, without notice, for any reason, including if we believe you have violated these Terms. You remain liable for all amounts due up to and including the date of termination.

The following provisions shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

We reserve the right to suspend, disable, or terminate your access to the Service at any time without notice if we determine that you have violated any provision of these Terms.

SECTION 14 - TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing use of the Service.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Service and all products and information delivered through the Service are provided on an “as is” and “as available” basis, unless expressly stated otherwise in writing by Elevated Stairs.

We do not warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results obtained from the use of the Service will be accurate or reliable.

To the fullest extent permitted by applicable law, Elevated Stairs disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Some jurisdictions do not allow limitations on implied warranties, so the above disclaimer may not apply to you in full.

SECTION 16 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall Elevated Stairs, our directors, officers, employees, affiliates, partners, agents, contractors, suppliers, service providers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages arising from your use of the Service or any products purchased through the Service, whether based in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

In jurisdictions where liability limitations are restricted, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Elevated Stairs, Shopify, and our respective affiliates, partners, officers, directors, employees, contractors, agents, licensors, and service providers from and against any claim, demand, loss, liability, or expense, including reasonable attorneys’ fees, arising out of or related to:

1. Your breach of these Terms of Service

2. Your violation of any law or regulation

3. Your infringement of any intellectual property or other rights of a third party

4. Your misuse of the Service or products purchased through the Service

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

The failure of Elevated Stairs to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site, constitute the entire agreement and understanding between you and Elevated Stairs and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or proposals.

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

SECTION 20 – ASSIGNMENT

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section shall be null and void.

Elevated Stairs may assign or transfer these Terms, in whole or in part, without restriction or notice.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide you the Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Elevated Stairs operates, without regard to its conflict of law principles.

You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check this page periodically for changes.

Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

sales@elevatedstairs.com