PATIOLIVING.COM TERMS AND CONDITIONS OF USE
PATIOLIVING.COM TERMS AND CONDITIONS OF SALE
PatioLiving.com is operated by Net Retailers, Inc. All transactions conducted through PatioLiving.com will be between you and Net Retailers, Inc. Throughout this Agreement, Net Retailers, Inc is referred to as “us,” “we,” and “our.”By proceeding with the transaction, you (the user) proactively and affirmatively acknowledge the responsibility to abide by all the rules and regulations of this website. This agreement is set forth by and between us and you (the user). PatioLiving.com website is subject to the terms and conditions listed in the given document. If you do not agree with the terms and conditions of this agreement, please do not access or use PatioLiving.com.
Your Rights to Access and Use
All our high quality products come from selected manufacturers from around the world. We are highly committed to your satisfaction and only offer products from well established and experienced manufacturers. Color of images appearing on the website may not be true to color, depending on the lightning and resolution of the screen or other factors. To physically see the fabric swatches, please follow the link at the item page (Some manufacturers may not apply).
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Net Retailers reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
Estimated Shipping Dates
At the time the order is placed, an email with order confirmation is sent, which includes approximate lead time for the order. Please be aware, all our products are custom made and shipping dates are only estimated and can change based on product availability. Once the order is accepted by the manufacturer, we will send you an updated approximated ship date if it’s different from the original date that was communicated during order confirmation. After you receive the updated ship date, you will have 24 hours to make changes/cancellations to your order via contact us link. If the order is not cancelled, we will proceed with production of the order. All orders in production are subject to restocking fee.
Shipping and Assembly Information
All items are shipped FREE of charge throughout the contiguous. If items are shipped outside of contiguous United States, additional costs will apply, in which case we will use our preferred carriers to insure the inexpensive possible costs to you. You will be able to review your shipping costs prior to accepting the order. If we determine that we are unable to ship to your location we will contact you by phone and make the necessary adjustments. Estimated shipping dates will be available during the checkout process. You will also be able to login to your account and check if there are any changes to the shipping times. All Shipping dates are only estimated and are subject to change based on availability. Once the product ships, an email will be sent with the tracking number and you will be able to track your order via 3rd party carrier. Delivery times may change based on carrier availability and customer address.
We offer the following freight delivery methods by third party carriers:
1. UPS/FedEx – This method applies to items with size and/or weight small enough to be handled by these carriers. You will be able to track your delivery using standard UPS/FedEx tracking numbers using www.UPS.com or www.FedEx.com
2. Freight Delivery - Freight delivery is made for items with size and/or weight too large for small package carriers such as UPS or FedEx. Deliveries will be made during normal business hours and the delivery agent will contact you in advance to schedule a convenient time of delivery. The items will be dropped off on the driveway of the house and it will be your responsibility to move the items into your desired location.
You may check the status of your order by signing into your account and clicking on the Orders Information link. Items shipped by UPS or other equivalent carriers will have a tracking number available for you to track your order.
All our products are made to order and cancellations MUST be submitted via Contact Us page within 24 hours of each order placement. If the order is cancelled after 24 hours and before shipment, 50% of the funds will be retained
We accept Credit Card and PayPal payment options. All credit card payments are securely processed via our PCI compliant payment environment utilizing Authorize.Net Payment Gateway. Authorize.Net is a leading provider of Internet Protocol based payment gateway services. Once the order is placed you will receive an email confirmation containing your order number and authorization number, and the details of your order. All orders are charged in full at the time of order placement. If you do not agree to the terms and conditions of Net Retailers, all cancellations MUST be submitted via telephone 888-761-4777 or Contact Us within 24 hours of the order placement.
Brand Promotion Code Exclusions
Due to some manufacturer restrictions, the following brands are excluded from email list and sitewide banner promotion codes:
AOG, Axcss Inc, AZ Patio Heaters, Bend Goods Outdoor, Berlin Gardens, Bernhardt Design + Plank Outdoor, Bernhardt Exteriors, Bromic Heating, California Umbrella, Captiva Casual, Darlee Outdoor Living, Ecosmart Fire, Essentials for Living Outdoor, Fire Magic, Frog Furnishings, Gensun, Infratech, International Home Miami, Lloyd Flanders, LuxCraft, Luxury Umbrellas, Meadowcraft, Oakland Living, Outdoor Greatroom, OW Lee, Patio Comfort, PGS Grills, POLYWOOD®, Primo Grills, RCS Grills, Shademaker, Source Outdoor Furniture, Sunglo, Sunpak, Sunset West, Teva, Treasure Garden, Tropitone, Vondom Outdoor, Windward Design Group, Woodard.
Neither party shall beheld liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to fire, floods, failure of communications systems or networks, embargoes, war, acts of war (whether war is declared or not), insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God or acts, omissions or delays in acting by any governmental authority or the other party; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure. The parties shall mutually seek a resolution of the delay or the failure to perform as noted above.
User Guarantees and Obligations
While using the Sites, you will not:
|1.||violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;|
|2.||use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;|
|3.||post false, inaccurate, misleading, defamatory, or libelous content (including personal information);|
|4.||distribute or post spam, chain letters, or pyramid schemes;|
|5.||distribute viruses or any other technologies that may harm PatioLiving.com, or the interests or property of our users;|
|6.||copy, modify, or distribute content from the Sites and our copyrights and trademarks; or|
|7.||harvest or otherwise collect information about users, including email addresses, without their consent.||8.||restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site|
USER shall be mindful and use due diligence to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
USER shall be responsible for paying all fees in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your account balance.)
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
You will not hold us responsible for other users' actions or inactions, including things they post.
We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
Additionally, you agree that you will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of Net Retailers and the appropriate third party, as applicable; or interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites.
User shall indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
User shall indemnify and hold harmless Net Retailers, its advertisers and other suppliers and any related third parties, against and in respect of any and all third party claims, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, liabilities, and legal and other expenses (including reasonable legal fees and expenses of attorneys) as and when incurred, arising out of or based upon any act or omission or alleged act or alleged omission by Net Retailers in connection with the acceptance of, or the performance or non-performance by Net Retailers of, any of its duties under this Agreement or arising from the breach by Net Retailers of its warranties, shall promptly notify Net Retailers of all claims and proceedings related thereto of which Net Retailers becomes aware.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Net Retailers’ national registered agent (in the case of Net Retailers) or to the email address you provided during the registration process (in your case). Notice shall be deemed given 72 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Obligations of Net Retailers
Net Retailers represents, warrants, covenants and agrees to use its best efforts to maintain the Web Site in a manner consistent with the intent and purpose of the Web Site as at the date first written above; to maintain suitable and qualified personnel in administrative, sales and technical positions necessary for Net Retailers to perform effectively the terms of this Agreement.
Net Retailers agrees to place prominently on its Web Site(s) and to operate in accordance with and to comply with a privacy statement or policy that adheres to or exceeds widely-accepted industry guidelines.
The Term of this Agreement will commence on the Effective Date, will continue for time from the Effective Date, and will renew automatically for additional periods of 12 month, unless otherwise terminated pursuant to the terms of this Agreement. Either party may terminate the Agreement by giving written notice to the other party no later than 1 week before the Effective Date.
Net Retailers and user covenants to each other that neither party will disclose to any third party (other than its employees and directors, in their capacity as such, and the employees and directors of any affiliate on a need to know bases so long as they are bound by the terms of this Agreement) any information regarding the terms and provisions of this Agreement or any nonpublic confidential information, which information a reasonable person would consider confidential or which is marked as “confidential” or “proprietary”, except (i) to the extent necessary to comply with any law or valid order of a court of competent jurisdiction (or any regulatory or administrative tribunal), in which event the party so complying shall so notify the others as promptly as practicable (and, if possible, prior to making any disclosure) and shall seek confidential treatment of such information, if available; (ii) as part of its normal reporting or review procedure to its auditors or its attorneys, as the case may be, so long as they are notified of the provisions of this Agreement; (iii) in connection with any filing with any governmental body or as otherwise required b law, including the federal securities laws and any applicable rules and regulations of any stock exchange or quotation system.
USER represents, warrants and acknowledges that USER has the authority to enter into this Agreement and to perform its obligations hereunder, that it has the right to grant the rights granted to Net Retailers hereunder.
USER represents, warrants and acknowledges that Net Retailers is acting solely as a conduit distributor and marketer of the Advertising and that it has no responsibility for the content of the Advertising and/or the Web Site(s).
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois applicable to contracts made and performed therein, without regard to principles of conflicts of laws.
This Agreement constitutes the entire agreement and supersedes all prior agreements of the Parties with respect to the transactions set forth herein and, except as otherwise expressly provided herein, is not intended to confer upon any other person any rights or remedies hereunder.
This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same document.
Should one or more provisions of this Agreement be or become invalid, the parties hereto shall substitute, by mutual consent, valid provisions for such invalid provisions which valid provisions in their economic effect are sufficiently similar to the invalid provisions that it can be reasonably assumed that the parties would have entered into this Agreement with such valid provisions. In case such valid provisions cannot be agreed upon, the invalidity of one or several provisions of this Agreement shall not affect the validity of this Agreement as a whole, unless the invalid provisions are of such essential importance to this Agreement that it is to be reasonably assumed that the parties would not have entered into this Agreement without the invalid provisions.
LIMITATION OF LIABILITY; DISCLAIMER. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR LOST PROFIT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Net Retailers MAKES NO WARRANTIES OF ANY KIND TO ANY PERSON WITH RESPECT TO THE AD SERVING SYSTEM USED TO DELIVER ADVERTISING OR ANY ADVERTISING OR DATA SUPPLIED HEREBY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT.