Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Patioshoppers, Inc. - Policies, Terms and Conditions -
100% Guarantee- All of our products are warranted to be free of manufacturing defects. If for some reason you have a challenge with your order, please contact us immediately to figure out a reasonable solution. If a verifiable defect has occurred, we will cover all associated cost regarding the defect by full product replacement or component parts as needed including shipping costs, or money back as applicable.
Acceptance of Terms & Conditions;
1) Online Orders – By processing any order through Patioshoppers online website, customer acknowledges acceptance of the terms and conditions herein. A copy of the order transaction including all terms and conditions will be automatically sent via email to the purchaser of any order at the customers email address given at the time of order. It is the customer’s responsibility to fully read and understand these terms and conditions. Should customer have any challenges with the terms and conditions, customer may cancel an order with written notice within 48 hours of placement of any order or sale is considered final and subject to the all applicable terms and condition of this agreement.
2) Phone Orders - By placing an order over the telephone verbally through Patioshoppers customer service department, email or fax, customer is acknowledging acceptance of the terms and conditions of this website. A copy of the order transaction including all terms and conditions will be automatically sent via email to the purchaser of an order at the customers email address given at the time of order. It is the customer’s responsibility to fully read and understand these terms and conditions herein. Should customer have any challenges with the terms and conditions, customer may cancel this order with written notice within 48 hours of placement of any order or sale is considered final and subject to the all applicable terms and condition of this agreement.
3) Cancellation Policy – Orders may be cancelled within 48 hours of placement for any reason. However if any order has been shipped, all shipping and applicable restocking fees will be ducted from the refundable amount. Note: If a custom order has been processed to a manufacture and work has been performed, orders are considered non- cancelable.
Return and Warranty Policies –
Please refer to individual product description pages regarding specific conditions pertaining to manufacture lead times, additional shipping parameters and or additional options regarding your order.
4) Return authorization - *All Items must have a valid RA# (return authorization #) before being returned. Customer must contact patioshoppers in writing via email or generalUS postal service to obtain return authorization # (RA#) prior to returning any product. Should any questions arise, it is the customer’s responsibility to contact patioshoppers for further clarifications. Patioshoppers is not responsible to credit funds of any type or contact any customer regarding items that have been returned with out prior written authorization and approved authorization #.
5) General Policy - All of our products are warranted to be free of manufacturing defects. If for some reason a challenge has occurred with an order, please contact us immediately to figure out a reasonable solution. It is recommended that all items should be checked immediately upon receipt. All items must be opened and inspected for damage within 7 days of delivery, and written notification of any challenges must be submitted no later then 7 days from receipt or all sales will be considered final. Should a defect or challenge occur; buyer must contact seller in writing describing said defect or challenges with instructions or questions regarding return issues. Seller reserves the right to send replacement parts when applicable. Patioshoppers refund policy does not cover items damaged due to misuse, neglect, wind, weather conditions or other "acts of God". It is the customer’s responsibility to properly care for, maintain, store and safely use the products ordered. If any questions arise about proper use, please email questions to info@patioshoppers.com. When returning an item for any reason, item MUST be packaged in the original carton. Items that have been scratched or dented by, set up, placement in stands, bases or tables, movement of furniture, etc., are considered “un-sellable” and or no longer “as new” condition. Un-sellable items will not be accepted for return unless there has been a clear manufacture defect or warrantee issue. Actual fabrics and components may vary slightly from color charts and or pictures as displayed due to particular lighting effects, computer monitor displays, graphics and availability of particular seasonal items. Therefore Patioshoppers can not be held accountable for any persons who improperly decide a specific color choice or unit style dependant on the visual picture only. It is the customer’s responsibility to read all descriptions in the item shopping cart before ordering. If Patioshoppers so chooses to except a returned an item, it is at Patioshoppers sole discretion whether or not a restocking fee and or shipping charges will apply. All returns for improper color choices may be subject to a 25% restocking fee plus applicable shipping and handling charges. Refunds will be given for the purchase price less the original shipping and handling charge as agreed upon. Customer will be responsible for return shipping via UPS to us, except when a manufacturing defect is verified. In such cases (verifiable manufacturing defect), seller may choose to send a call tag for the merchandise to have it picked up. Patioshoppers reserves the right to repair or replace such merchandise at Patioshoppers discretion. Refunds are issued within 30 days of our inspection of returned items. Should any item be refused delivery and returned with out authorization, a 25% restocking fee plus all shipping and handling fees will be charged at minimum. However, it is at Patioshoppers sole discretion whether a refund of any type will be issued. There will be absolutely no refunds or returns credited for custom ordered items. Custom ordered items are non-returnable or refundable for any reason out side of clear manufacturing defects. Should any customer refuse delivery of a custom ordered item, customer relinquishes his rights to any refund. Customer is responsible to pay all shipping costs associated with un-approved cancellations and returned shipments of custom ordered items. Only items with written authorization including (RA#’s) are eligible for a full purchase price (less S&H) refunds. For this reason, it is best to communicate via email to receive written authorization before you return your item.
6-A) Umbrellas & Stands - All items should be physically inspected directly out of the box without being placed in a stand or table. Should any damage including, SCRATCHES, DENTS, Rips and or Tear’s of Fabric from placement in stands or tables occur, said items are no longer considered as new and will not be accepted for refund or replacement. Any umbrella that has a custom fabric, pole color alternative, component alternatives, etc., are considered custom ordered and are non refundable, or returnable for any reason outside of clear manufacturing defects. Actual umbrella fabrics and components may vary slightly from color charts and or pictures as displayed due to particular lighting effects, computer monitor displays, graphics and availability of particular seasonal items. Therefore Patioshoppers can not be held accountable for any persons who improperly decide a specific color choice or unit style dependant on the visual picture only. No returns will be accepted for improper color choices dependant on the color computer monitor displays. Customers may contact patioshoppers prior to order and request the procedure for fabric samples. On some occasions, fabrics and or particular component frames and parts may be returned and re-fabricated at customers cost, plus shipping and applicable restocking fees at patioshoppers sole discretion.
6-B) Cushions- All cushions have been custom ordered and manufactured to customer’s specific dimensions and color specifications. Cushions are non-returnable or refundable unless a clear manufacturing defect has occurred. Cushions may very slightly in thickness and size dimensions, within ¼ to 1” due to internal filling compaction, rebound, and styles of edging, stitching and particular internal fill. Cushions are non returnable if size and filling dimension are within the parameters as previously described. All items should be physically inspected directly out of the box and or packaging without being placed in the appropriate piece of furniture. Should any damage including, rips, tears, stains, marks or color transfer, etc., occur from placement in stands or tables, furniture, etc., said items are no longer considered as new and will not be accepted for refund or replacement. Actual cushion fabrics and components may vary slightly from color charts and or pictures as displayed due to particular lighting effects, computer monitor displays, graphics and availability of particular seasonal items. Therefore Patioshoppers can not be held accountable for any persons who improperly decide a specific color choice or unit style dependant on the visual picture only. No returns will be accepted for improper color choices dependant on the color computer monitor displays. Customers may contact patioshoppers prior to order and request the procedure for fabric samples to be sent prior to ordering product. 6-C) Teak Furniture – All items are shipped knocked down in cartons (Basic Assembly Required). Some items are shipped via motor freight and are too large for standard UPS or FedEx Ground. Items deemed to large for common carrier may be subject to additional lead times. Items must be inspected for damage at time of delivery and noted on delivery receipt before signing for shipment. Notification of damages must be submitted in writing within 7 days of delivery. All items must be inspected for damage before assembly. Should damage or defects occur customer must contact Patioshoppers in writing prior to assembly. Products that have been assembled or modified can not be returned for any reason per manufactures guidelines.
6-D) Tiki Umbrellas & Palapas – All items are shipped knocked down in cartons (Basic Assembly Required). Some items are shipped via motor freight and are too large for standard UPS or FedEx Ground. Items deemed to large for common carrier may be subject to additional lead times. Items must be inspected for damage at time of delivery and noted on delivery receipt before signing for shipment. Notification of damages must be submitted in writing within 7 days of delivery. All items must be inspected for damage before assembly. Should damage or defects occur customer must contact Patioshoppers in writing prior to assembly. Products that have been assembled or modified can not be returned for any reason per manufactures guidelines.
7) Shipping Policy - Shipping and handling charges apply to all orders unless listed as free shipping or pre-negotiated in writing and authorized prior to final shipment of item. All charges will be included in the final transaction price and disclosed as the total cost for items purchased. Should items be returned for any reason outside of manufacturing defect, shipping fees will be deducted from any credit due customer. The Customer is responsible for return shipping via UPS to patioshoppers, except when a manufacturing defect has been verified. In such cases, the customer will pay for the initial return shipping cost and a refund will be applied once the item has been inspected and confirmed to be a manufacture defect. In some cases, the Patioshoppers may choose to send a call tag for the return merchandise. Patioshoppers reserves the right to repair or replace such merchandise at Patioshoppers discretion. Patioshoppers is not liable for any damage caused by shipping carriers. Patioshoppers will attempt to facilitate and help with all shipping challenges, but can not be help liable for damaged items that are out of our control.
Note: Should any customer desire to receive an item by a particular date, customer should contact patioshoppers prior to any order. Patioshoppers will do it’s absolute best to process each order to manufacture within 24 hours of receipt of order or next business day; However, Patioshoppers does “Not” guarantee any item to be shipped and or delivered by any particular date. Patioshoppers is not responsible for any delivery delays due to circumstances out of its control and can not be held liable for any product that is not delivered by a customers anticipated or expected delivery time frame.
7-A) Shipping Lead Times - Stocked items typically ship within 1 to 5 business days of receipt of order; However, particular products with fabric, pole & material color choices may take up to an additional 5 - 15 days depending on fabric and component availability. Once items ship from warehouse, shipping time may take anywhere from 1 to 14 business days dependant on products ordered and particular freight carrier arrangements. Custom orders may take anywhere from 7 days to 45 days of manufacturing time. Once an item has been manufactured, assembled, packaged and shipped. Standard shipping lead time listed above will apply.
8) Tracking Numbers - Patioshoppers’ computer system will automatically send available tracking numbers through email notification as received from particular distributors. However, not all of Patioshoppers distributors have resources to process shipment tracking numbers though an electronic computer system. UPS, Fed Ex or Freight carrier tracking numbers are not always readily available and are not typically supplied to the customer until after 2 to 5 business days from initial shipment verification. If any shipping disputes or challenges with the order occur, customer should email or contact Patioshoppers with the appropriate name, address, phone number, item number, description of purchase and order number for faster response.
8-A) Tracking Number Requests - Due to extremely high volume of orders processed in the spring and summer seasons, Patioshoppers goal must be focused on processing orders as fast as possible to expedite a speedy shipment. Patioshoppers simply does not have the resources and or time to respond or reply to all tracking number requests until “after” the minimum manufacturing & processing days have been allotted and or a clear order processing challenge has occurred. Customers should check the product description page of the item they ordered regarding estimated lead times. If the item is noticeably late and or missing subsequent to the last business day of the estimated manufacturing lead time and shipping estimate, customer should contact patioshoppers via email at info@patioshoppers.comand include the Name, Order Id and estimated delivery time located on the product description page.
9) Non-Disclosure & Privacy Policy - Patioshoppers will never sell; trade and or distribute customer’s personal information, such as email addresses, resident or business address, phone numbers, credit card information, etc., to any parties outside of this transaction authorization.
|
10) Liabilities - Disclaimer of Warranties |
|
EXCEPT AS EXPRESSLY STATED HEREIN, PATIOSHOPPERS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE. EXCEPT AS EXPRESSLY STATED HEREIN, PATIOSHOPPERS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THAT YOU AGREE THAT IN NO EVENT SHALL PATIOSHOPPERS.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.
11) Product Descriptions - Patioshoppers.com and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your purchase you may return it as described in our Return policy.
12) Payments & Credits – All orders are automatically billed to customer’s credit card through our secure merchant billing system prior to shipment. Custom orders must be paid for in advance prior to any custom work to be performed. Should a challenge occur, customer must submit a credit request in writing stating the challenge to be resolved and why a credit should be received? Credit requests be emailed to info@patioshoppers.com and must include, Name, Order ID and a statement of facts. Once a credit amount is verified to be accurate and payable, the actual amount will be credited to the original credit card. If there is a challenge with the credit card, a check will be mailed directly to the intended recipient. | Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com). The collective work includes works that are licensed to Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com). Copyright 2003, Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) or purchasing Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) or to purchase Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com). You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks All trademarks, service marks and trade names of Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) used in the site are trademarks or registered trademarks of Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com)
Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors In the event that a Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) product is mistakenly listed at an incorrect price, Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com).
Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) products) must be commenced within one (1) year after the claim or cause of action arises. Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com)'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) in its sole discretion.
Indemnification You agree to indemnify, defend, and hold harmless Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com), its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links In an attempt to provide increased value to our visitors, Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) may link to sites operated by third parties. However, even if the third party is affiliated with Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com), Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com). These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Patioshoppers, Inc., (DBA- PatioHeaterShoppers.com) seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
|