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UMBRELLASPECIALIST.COM TERMS AND CONDITIONS OF USE
UmbrellaSpecialist.com is operated by Umbrella Specialist, LLC. Throughout this agreement, Umbrella Specialist, LLC is referred to as Umbrella Specialist, “us”, “we”, and “our”. These terms and conditions of use (“Terms of Use”) constitute a legal agreement between you and us. Please read these Terms of Use entirely before continuing to use the site. Clicking on SUBMIT MY ORDER BUTTON ON THE CHECKOUT PAGE CONFIRMS YOUR AGREEMENT TO OUR TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DISCONTNINUE USING OUR SITE
UMBRELLASPECIALIST.COM TERMS AND CONDITIONS OF SALE
UmbrellaSpecialist.com is operated by Umbrella Specialist, LLC. All transactions conducted through UmbrellaSpecialist.com will be between you and Umbrella Specialist, LLC. Throughout this Agreement, Umbrella Specialist, LLC 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). UmbrellaSpecialist.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 UmbrellaSpecialist.com.
Your Rights to Access and Use
Your access and use of UmbrellaSpecialist.com may be monitored for traffic counters, as well as quality control purposes. When you (the user) visit our website, the cookie technology enables us to see whether you are a new user, or you have visited our website before. The cookie technology does not extract any information from your computer. For more information on the cookie technology, please view our privacy policy. Umbrella Specialist may elect to make any changes/additions/modifications to the website at its sole discretion without a direct notice to you.
Product Information
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.
Umbrella Specialist uses a network of independent product suppliers, distributors and other third parties to supply all of the products and content advertised on its site. All trademarks, service marks, product names, package designs and company names or logos associated with these products and content suppliers, distributors and other such third parties are not owned by us but appear on the site, are the property of their respective owners.
Order Acceptance
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. Umbrella Specialist 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. Please be aware, all our products are custom made and can change based on product availability. Once the order is shipped by the manufacturer, we will send you an a tracking number and ship date. All orders in production are subject to restocking fee.
Shipping and Assembly Information
Many items are shipped FREE of charge throughout the contiguous United States unless otherwise indicated. 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. 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 use the following freight delivery methods and third party carriers:
Order Status
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.
Cancellation Information
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.
Return Policy
We work hard to satisfy our customers! We will accept returns of new, unused items in their original packaging within 30 days of the delivery for a refund. If there was an error on our part, we will pay the return shipping costs and issue you a complete refund. Please note, the products are ordered directly from manufacturers, and for preference returns 20% restocking fees and return shipping costs will be charged for all products. You will be given credit upon receipt and inspection of the product.
Custom canopies are made to order and therefore are not eligible to be returned. Due to this policy from the manufacturer, we request you contact our sales team to verify you are ordering the correct canopies.
Please visit Contact Us or call us to initiate the return process.
Damaged Items
If you receive a damaged product, you will have the option to refuse delivery and document specific damage that incurred to the product. You will have to notify us via a phone with details of the problem so that we can return or exchange your merchandise. If the damage is not discovered immediately at the time of the delivery, we allow 15 days after the delivery for customers to find the damage and send us a claim with supporting documentation and photos. We take up to 7 days to review and approve the claim. After the claim is approved, we will be sending customers free replacement parts for the damaged goods at no additional shipping costs.
Payment Information
All payments are securely processed via Square Payment Gateway. Square is a leading provider of Internet Protocol based payment gateway services. To find out more Square.com please visit Square.com. You may pay for your orders by credit card or check via our secure online payment processing. We currently accept Visa, Master Card, American Express and Discover credit cards. Once the order is placed you will receive an email confirmation containing your order number, credit card or check authorization number, and the details of your order. If you do not agree to our terms and conditions, all cancellations MUST be submitted via telephone 1-954-376-37766 or Contact Us within 24 hours of the order placement
Sales Tax
For purchases shipped outside of the state of Florida, it is responsibility of the customer to pay sales tax in their state of residence.
Third Party Sites
For your convenience, we provide you you (the user) with vital material related to the patio furniture industry, as well as resource links to multiple websites that may be of interest to you. However, we do not control, endorse, or discriminate against such websites and are not liable for their content, nor is it responsible for the accuracy or reliability of their information, opinions, advice, or other related content. We specifically state that our Terms of Use policy is applicable only when you are on OUR website. Once you link to another website, you are responsible for reading that site’s guidelines and privacy policy prior to proceeding or disclosing any personal information. If you decide to access any of the third party sites linked to UmbrellaSpecialist.com, you do so at your own risk, and discretion. Umbrella Specialist reserves the right to terminate any linking program at any time without a direct notice to viewers. Any contracts by UmbrellaSpecialist.com with third parties will be conducted at our discretion.
Force Majeur
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 site, you will not:
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Violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies; |
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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; |
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Post false, inaccurate, misleading, defamatory, or libelous content (including personal information); |
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Distribute or post spam, chain letters, or pyramid schemes; |
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Distribute viruses or any other technologies that may harm UmbrellaSpecialist.com, or the interests or property of our users; |
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Copy, modify, or distribute content from the Sites and our copyrights and trademarks; or |
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Harvest or otherwise collect information about users, including email addresses, without their consent. |
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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.)
Liability
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
Release
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 Umbrella Specialist 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.
Indemnity
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 Umbrella Specialist, 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 Umbrella Specialist in connection with the acceptance of, or the performance or non-performance by Umbrella Specialist of, any of its duties under this Agreement or arising from the breach by Umbrella Specialist of its warranties, shall promptly notify Umbrella Specialist of all claims and proceedings related thereto of which Umbrella Specialist becomes aware.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notice
Except as explicitly stated otherwise, legal notices shall be served on Umbrella Specialist’ national registered agent (in the case of Umbrella Specialist) 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 Umbrella Specialist
Umbrella Specialist 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 Umbrella Specialist to perform effectively the terms of this Agreement.
Umbrella Specialist 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.
Term
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.
Confidentiality
Umbrella Specialist 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 Umbrella Specialist hereunder.
USER represents, warrants and acknowledges that Umbrella Specialist 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).
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and performed therein, without regard to principles of conflicts of laws.
Miscellaneous
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. Umbrella Specialist 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.
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