Terms & Conditions
Please Read Carefully Before Using This Website:
A. TERMS APPLICABLE TO ALL USERS
2. Changes To Terms
The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Patio Umbrella Store makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Patio Umbrella Store is strictly prohibited.
5. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Patio Umbrella Store’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Patio Umbrella Store.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Patio Umbrella Store You may not use a part of this Website on any other Website, without Patio Umbrella Store’s prior written consent.
Patio Umbrella Store respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of Patio Umbrella Store is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com
You may not link to this Website without Patio Umbrella Store’s written permission. If you are interested in linking to this Website, please contact firstname.lastname@example.org.
7. No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Patio Umbrella Store that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Gathering email addresses from Patio Umbrella Store through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Patio Umbrella Store should be directed to: email@example.com.
9. No Warranties
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH PATIO UMBRELLA STORE EXPRESSLY DISCLAIMS. PATIO UMBRELLA STORE DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND PATIO UMBRELLA STORE WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. PATIO UMBRELLA STORE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY PATIO UMBRELLA STORE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Governing Law, Location and Miscellaneous
11. Separate Agreements
12. DMCA Copyright Policy and Copyright Agent
Patio Umbrella Store respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site’s Copyright Agent can be reached at:
Patio Umbrella Store
323 S, Rosemead Blvd.
Pasadena, CA 91107
13. U.S. Resident
You represent that you are a United States resident.
14. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
15. Users Disputes
You are solely responsible for your interactions with other Users. Patio Umbrella Store reserves the right, but has no obligation, to monitor disputes between you and other Users.
16. User Submissions And Communications; Public Areas:
If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Patio Umbrella Store by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Patio Umbrella Store a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Patio Umbrella Store may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Patio Umbrella Store by email. We try to answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Patio Umbrella Store has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
Patio Umbrella Store reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the Patio Umbrella Store, regardless of whether such communication(s) violate these standards.
Patio Umbrella Store reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Patio Umbrella Store has no liability or responsibility to users of the Patio Umbrella Store or any other person or entity for performance or nonperformance of the aforementioned activities.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
18. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. PATIO UMBRELLA STORE SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF PATIO UMBRELLA STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY PATIO UMBRELLA STORE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
20. Accounts And Security
Patio Umbrella Store does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You may not:
- select or use a Login Name of another person with the intent to impersonate that person;
- use a name subject to the rights of any other person without authorization;
- use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify Patio Umbrella Store of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Patio Umbrella Store’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
21. Return & Exchange Policy
21 Day Hassle Free Returns &Exchange Policy**
Customer satisfaction is our top priority and we want you to be completely satisfied with your purchase. If you have any questions or concerns, please direct your inquiry to firstname.lastname@example.org.
What can be returned?
You may return new, unused, and resalable items for a full refund or an exchange, so long as they are NOT on our list of items that may not be returned. Simply ensure that the item is returned in its original product packaging within 21 days of your receipt date. Products must have an RA in order to return any item (this is for your protection). Our website has a returns button on the home page at the very bottom under customer service or email us email@example.com. Any items that are returned without an RA from Patio Umbrella Store will be charged a 30% restocking fee AND the original cost for us to ship the item will be deducted from the credit as well, if damaged, not refund will be given. Any items that are not directly returned to Patio Umbrella Store, unless with written directions to ship elsewhere, will NOT be refunded. If an item is out of the returns 21 day return policy and the customer returns it without permission, NO REFUND will be issued. You can pay to have it shipped back to you or forfeit the credit. We are not responsible for refunds if you return the item directly to the manufacturer.
**What is NOT returnable?
ALL Custom orders (including made to order curtains and canopies), DAMAGED PRODUCTS, Umbrella Bases and Umbrella Anchors/Mounts, PARTS, Cantilever/Offset Umbrellas, California Umbrella Rodeo Series Umbrella (sales are final), Hammocks must be in original un-opened box (due to COVID we cannot accept returns on hammocks that are opened), Hammock Stands and Swing Stands are NOT returnable. CUSTOM ORDERS have a cancellation policy of72 hours after placing the order. After 72 hours, the order is FINAL, no exchanges or refunds will be given. Any orders that have artwork/logos are not returnable. If in the very rare case there is an error on the graphics, we will pick up the item, fix the error and return it to you (no returns or additional discounts allowed). Any items that are shipped via freight carriers are not returnable. Large commercial orders are not returnable. TUUCI umbrellas sales are final.
Most common damages are scratched, dents or missing paint. If curtains, canopies or other fabric related items have signs of use, they are not returnable, this includes, but not limited to tears, dirt, bird droppings and animal hair.
NOTE: If the item has been abused or damaged by wind or other means – NO RETURNS.
**Exchanges– We are happy to work on exchanges for you, additional changes may apply. If in doubt about a color, ask for a sample firstname.lastname@example.org.
If we receive any items that are damaged, dirty or soiled at restocking fee will be assessed at a minimum of 30 percent. Depending on the damages you may not receive a refund.
Delayed or Refused Delivery
FedEx will always make 3 attempts to deliver your packages to your house. They will leave a note so that you can reach them or sign for your package to be left outside your home. If after 3 attempts, FedEx was not successful in delivering the packages and that the packages are sent back to us for this reason, the customer will have to pay the full shipping costs (as estimated on the FedEx website) for reshipment. For refused delivery, actual shipping charges will be deducted from credit made on returned merchandise.
Although rare, shipping damage does occur. In the event that your product is damaged during shipping, please contact us immediately. We will work directly with you to identify and replace the damaged item/items and will submit a claim directly to the shipping company. We will reship the damaged item/parts at no cost to you.
Orders with a manufacturing defect will be covered under the manufacturer’s warranty. All returns must be accompanied by an Return Authorization (RA). All returns are subject to the manufacturer’s warranty and discretion. Please refer to the warranty section and locate the manufacturer to determine if the item is covered under warranty before requesting an RA. To request an RA, please email us at: email@example.com The manufacturer’s limited warranty reserves the right to send replacement parts. Our return policy and warranty never covers items damaged due to wind, weather, fire, or misuse. Bent ribs and/or bent poles are not covers. Please refer to the warranty section to see what is covered. Customers are responsible for proper care, storage, and safe use of items purchased from Patio Umbrella Store. If you have any questions concerning proper use, please email usat: firstname.lastname@example.org
All color selections are the customer's responsibility. Actual fabrics and components may not be as depicted on your computer monitor displays. All monitors show colors slightly different. We are not responsible for the color being off. We have made every effort to portray the products in actual color. Samples of fabrics are available upon request. If you are in doubt about the color you are selecting, please email us for the samples at email@example.com.Please include the fabric number and you shipping information.
No returns on parts, unless you the part you receive does not match the part number that was ordered. Always send pictures of the part you are looking for to firstname.lastname@example.org.
CUSTOMORDERS / LOGO & ART DESIGN UMBRELLAS - Orders may be cancelled up to 72 hours from the time the order has been placed; thereafter, order is FINAL.
HOW TO RETURN A PRODUCT
Send us an email at email@example.com requesting a return authorization. All returns must have an RA number (for your protection so that you get your moneyback). We will respond with directions on returning the item.
Please notify Patio Umbrella Store within 24 hours if you have any damages or missing parts to your order.
SHIPPING, RECEIVING & INSPECTION OF MERCHANDISE
Please review the following information with your warehouse, drop-ship client, receiver, or freight forwarder. Purchaser is responsible for ensuring that the shipment is properly received, inspected, and signed for.
STEP 1 Determine shipping method
FedEx Ground/UPS Ground
– Cartons are shipped loose - not on pallets; driver will leave carton(s) at the door without a signature at their discretion.
– A Packing List indicating the quantity/description of items shipped will be with your carton in your shipment.
Truck Delivery (e.g., ABF, Estes, FedEx Freight)
– Most cartons are shipped shrink-wrapped on pallets; some furniture, cushions, and umbrellas ship loose.
– You must be present to receive and sign for the delivery. The carrier is not required to schedule a delivery appointment unless you requested this additional service in advance. Most carriers offer appointment windows (typically 4 hours) Monday - Friday.
– Standard residential delivery is curbside. Products will be delivered to the street curb outside of the delivery address. The delivery driver will not back into a driveway, have a lift gate, remove products from the back of the truck, move products inside, remove pallets/cartons/packaging, or assemble products.
– A Packing List indicating the quantity/description of items shipped will be attached to the exterior of one carton in your shipment.
A shipping document will be provided by the driver and indicates the number of pallets and/or pieces shipped.
STEP 2 While the delivery driver is present, find the Packing List and compare it to the items being delivered. If an item is missing, note this on the delivery document the driver asks you to sign (e.g., “Missing 1 carton containing BASE13-00”) and notify Patio Umbrella Store immediately.
IMPORTANT: Do not confirm accuracy of shipment by counting pallets. Use Packing List to account for every item shipped. You are responsible for the replacement cost of any missing item that is not noted on the delivery document while the driver is present.
Should I refuse delivery for an incorrect item? No. If the Packing List, Bill of Lading, and shipping label on the carton are accurate, but the item received is incorrect, you should accept delivery, save all packing materials, and contact Patio Umbrella Store immediately for assistance.
STEP 3 You are responsible for inspecting merchandise at the time of delivery. Inspect for damage while delivery driver is present. All carton surfaces must be inspected for signs of damage. Patio Umbrella Store nor it’s vendors are not responsible for freight-related damages.
IMPORTANT: Do not write “Subject to Inspection”, “Pending Inspection”, or anything on the delivery document that implies you will inspect the shipment for damage after the driver leaves. Freight damage claims with this notation will be denied.
Look for common signs of freight damage:
– Carton is crushed, punctured, torn, indented, or creased
– Shrink wrap is broken, torn, punctured, loose, or missing
– Pallet is broken. Note: Cartons sitting directly on the pallet are most prone to forklift damage. You are required to inspect the underside of cartons sitting directly on the pallet.
– If a carton containing wicker or metal furniture is crushed or dented, verify that the frame is not bent by placing the item on a
level surface (e.g., place a chair on a level surface such as a glass table top and make sure all legs touch the surface).
If a carton or palletized shipment displays any of the signs noted above, you are required to inspect its contents for freight damage. Failure to note freight damage where signs of potential damage are evident will result in the denial of your claim.
What should I do if a product is damaged? You must refuse delivery for that item AND note the damaged item on the delivery document the driver asks you to sign. For example: “(1) AKZ13 refused due to damage.” Important: Only refuse items that are damaged, not the entire shipment. If you refuse items that are not damaged, you will be responsible for all shipping charges when these items are re-delivered. Notify Patio Umbrella Store immediately of any refused items.
What should I do if the delivery driver refuses to wait while I inspect for damage? The driver should never refuse to wait, but if they do, ask the driver to call their dispatcher and notify them of the situation. The dispatcher should make the driver wait; however, if they still refuse, then do not sign for the shipment, and contact Patio Umbrella Store immediately.
STEP 4 In addition to any damage discovered at the time of delivery, you must open and inspect the contents of all cartons regardless of condition to inspect for Concealed Freight Damage (CFD). For Patio Umbrella Store to submit a CFD claim, you must notify us of the damage, and send digital photos of the damage, within 3 days of receipt of shipment; otherwise the CFD claim will be denied.
Photos are required for each damaged item and its carton (all surfaces). Do not assemble, deliver, or use the damaged item.
Failure to save the carton may result in the denial of your claim.
STEP 5 Patio Umbrella Store’s vendors will file a CFD claim with the carrier on your behalf only if: (a) the order was shipped on their freight-carrier account, and (b) we receive notification and proper digital photos within 3 days of receipt of the shipment.
IMPORTANT: For a CFD claim, the carrier will pay a maximum of 33% of the cost of the replacement item, but no replacement freight charges. Any amount that is recouped from the carrier may be used towards the repair of the item, the purchase of a replacement part, or the cost of a replacement item. You are responsible for the balance of charges to remedy the situation since the damage was not noted at the time of delivery.