Terms and Conditions

By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site's owner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of this site's owner and protected by U.S. and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.

Sales and Promotions Policy

Sales and price promotions are not retroactive and may not be applied to prior purchases.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Please note our shipping and returns policies:

After Receiving Your Order

Patio Gallery ships all products in the most robust possible packaging, and selects the most appropriate shipping carrier based on the items ordered. However, sometimes breakage may occur due to carrier mishandling while in transit to you. Should this happen, we will require at least two clear pictures of any damages to be either mailed or e-mailed to our customer service team (info@patiogallery.com) as evidence for any claim we may make against the freight carrier.

Visible Loss or Damage

Any external evidence of loss or damage that occurred during transit is considered visible loss or damage and must be noted on the bill of lading and signed by the carrier's agent (driver). Failure to adequately describe the visible loss or damage could result in the carrier delaying or refusing to honor the freight claim.

Concealed Loss or Damage

Any damage that occurred during transit that was not visible at the time of delivery is considered concealed loss or damage. Due to rough handling in transit it is possible to damage the contents of a container without damaging the container. If such a situation occurs it is important to contact Patio Gallery ommediately for instructions on how to handle the claim. If a claim is to be filed it is important to save the container that the damaged merchandise arrived in. You must open all received boxes and inspect products for concealed damage within 7 calendar days of delivery. After this time claims may not be honored.

Cancellations and Returns

1. If an order is cancelled prior to shipment, payment will be fully refunded minus a 5% bank credit charge. This is necessary to cover our costs incurred by the credit card processing agencies, which are non-reversible. Orders cancelled that were paid by cash or check will not incur this charge. Note that we consider your product to be "shipped" when it has been picked up from our warehouse by the freight carrier. After products are considered “shipped”, cancellations are treated as returns as described below.

2. All returns require a Return Merchandise Authorization (RMA) from our Customer Service Department. No returns will be accepted or any credit granted without an RMA. To provide any credit or replacement units we must first have a chance to receive and completely inspect your return.

3. All claims for returns under the No Risk 30 Day Return Policy must be made within 30 calendar days of receipt of merchandise. Shipping charges on returns shall be the responsibility of the customer and all returned items must be returned in "new" or "like new" condition, in undamaged original manufacturer's packaging and crating materials when applicable and with all original product manuals and instructions. After the product is received, inspected and verified to be in "like new" condition, a full refund will be provided on the product purchase price minus any original shipping charges and minus a 10% restocking/re-handling charge. For products sold with "Free Shipping" or "Flat Rate Shipping" the actual freight cost to originally ship the product will be deducted from your refund.

4. Shipping charges on returns due to no fault of the customer shall be the responsibility of Patio Gallery. All returned items must be returned in the condition in which they were received, in undamaged original manufacturer's packaging, and crating materials when applicable, and with all original product manuals and instructions. After the product is received, inspected and verified to be in "as claimed" condition, a full refund will be provided on the product purchase.

5. If you refuse an item delivered by a commercial freight company for any reason other than damaged merchandise or a shipping error by us, the item shall be treated as a return and charges described in Section 3 above shall be applied. Any additional freight carrier charges shall be billed to you.

6. Please note that custom orders may not be returned. If such products are damaged in shipment, we will assist you with freight claims, or if a product is found to have a manufacturing defect – it will be repaired or replaced based on manufacturer's warranty policies.

7. Items returned must ALWAYS be sent via ground transportation, insured by the sender. Shipping charges for items that are sent back by any means other than ground transportation (cheapest available) will be the responsibility of the sender minus the cost of the ground freight charge. This includes when the item is being returned at our expense – it must be sent cheapest method possible. Patio Galler will pay the freight and insurance for items returned due to manufacturer error, damages or any other reason that is not caused by the purchaser. Receiving Your Shipment

When receiving your shipment it is important to do the following:

1. We use either DHL, FedEx or other freight carrier for our deliveries. In some cases (larger orders) your shipment may consist of a number of individual boxes placed on a single pallet. The pallet may need to be separated to be unloaded. Unless specifically requested, no truck lift-gate service is ordered for delivery. Please note that you may need to have at least one other person to help the driver with unloading. If you do require additional unloading help or lift-gate services from the carrier, you may contact the freight carrier directly to request such service, however any additional charges for custom unloading are to be your responsibility.

2. Count all pieces of your freight. Ensure that all pieces are accounted for.

3. Check shipment for any visible damage to containers. If the boxes are dented, crushed, scratched, punctured, or cut it is very important to mark this on the bill of lading. If there is a possibility of damage it may be necessary to open the box and mark the actual damage on the bill of lading. It is important to be specific.

4. Due to the nature of the products we sell, boxes that have been dropped may not show obvious signs of external damage. This is very unusual, but could happen. You may want to open these specific boxes before the driver leaves to ensure that the contents do not have concealed damage. The driver may refuse to allow you the time to open specific boxes - if this is the case, open the boxes as soon as possible, but not later than 3 business days after the delivery, to inspect for damage. If we need to replace a damaged item it is in your best interest to contact us immediately, so we don’t sell out of this item during the time you waited to report the issue. If the item is no longer available, customer service will assist you to make alternative arrangements, or arrange a refund.

Refusing a Freight Shipment & Freight Carrier Fees

If the shipment is damaged and unusable, it may be necessary to refuse part or all of the order. Patio Gallery will assist in filing a freight claim for damaged freight if the carrier is our normal in-house carrier. If the carrier was chosen by the consignee then it will be the responsibility of the consignee to file such a claim.

Should a shipment arrive with damages caused by the carrier, the carrier will return the merchandise "Dead Head" at no cost to either party. Do not attempt to return any shipment back to Patio Gallery or the originating factory without prior authorization from Patio Gallery. Please review the Patio Gallery Return Policy for additional information.

Please note that any additional freight carrier's fees such as re-delivery, special notification and lift-gate services are the responsibility of the customer (unless otherwise noted on your order). If such services are requested by you and billed to Patio Gallery, all such fees shall then be re-billed to your credit card. If the freight carrier is unable to deliver the freight due to problems with contacting you or setting up delivery appointments, storage fees may be assessed by the carrier – in such case all storage fees are the responsibility of the customer and shall be billed to your credit card.

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