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TERMS AND CONDITIONS
General: Fire Pits Inc maintains this Site and its contents. The information contained in this Site, including but not limited to these Terms and Conditions, is subject to change without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed.
Copyright & Trademarks: This Site and all its contents, including text, graphics, logos, images, and software, are intended for your personal, non-commercial use. Unless otherwise noted, all material on this site, and the Site as a whole, is the property of Fire Pits Inc and protected by United States and international copyright laws. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, or in any way exploit any of the Site's contents, in whole or in part. You may download or copy site content for personal, non-commercial use only, provided that you do not delete and make no changes in attribution, trademark, copyright notice, or other proprietary notices. You may not download or copy Site content for non-personal use without first obtaining our express written permission. You acknowledge that downloading Site content for your personal use, or for commercial use with our written consent, does not confer any ownership rights and that in so doing you do not acquire any ownership rights. You shall be solely responsible and liable for any and all damages resulting from your infringement of copyrights, trademarks, or proprietary rights.
Limitation of Liability: You hereby acknowledge that in no event shall Fire Pits Inc or its directors, officers, agents, employees, subsidiaries, successors, distributors, affiliates or third parties providing information on this site be liable to any user of the Site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the Site or any information contained thereon, whether based upon warranty, contract, tort, or otherwise, even if Fire Pits Inc has been advised of or should have known of the possibility of such losses or damages. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
Disclaimer of Warranties: Fire Pits Inc makes no representations or warranties, either express or implied, except as expressly stated herein, with respect to products sold on our site. We expressly disclaim all warranties, whether 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 or use. You agree that in no event shall Fire Pits Inc., its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold.
Product Descriptions: Fire Pits Inc attempts to keep all information on this Site as accurate as possible. However, because we gather information from a variety of sources and third parties, we do not warrant that product descriptions, pricing, or other content of this site is accurate, complete, or error-free. In the event a product is listed with incorrect information or at an incorrect price due to error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for those products. 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 immediately issue a credit to your credit card account in the amount of the charge. If you are not completely satisfied with your purchase you may return it in accordance with our standard return policy.
Payment & Order Confirmation: Orders are not binding upon Fire Pits Inc until accepted by Fire Pits Inc. 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. Fire Pits Inc may need to verify information prior to accepting part or all of an order. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Customer agrees to pay the total purchase price for the items purchased plus any applicable shipping charges. In some cases, including but not limited to the shipment of heavier and larger items delivered to remote locations or outside the contiguous 48 states, correct shipping charges may need to be calculated after checkout. In those cases, we will notify you of any extra shipping charges and obtain your approval prior to processing your order. You agree to pay in full all excess shipping charges that you agree to via email correspondence. Terms of payment are within Fire Pits Inc's sole discretion. Order fulfillment is subject to credit and payment approval by Fire Pits Inc. Fire Pits Inc may charge you separately for partial shipments and/or separate orders. Customer will pay for, and will indemnify and hold Fire Pits Inc and its affiliates harmless from, any applicable sales, use, transaction, excise or similar taxes and any federal, state or local taxes, fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of, or otherwise associated with the order or the products. Sales tax will apply to all orders shipped within Washington State. Prices and availability of products on the Site are subject to change without notice.
Order Cancellations: Once you place your order, we begin processing it immediately. Many of our products ship out on the same day an order is placed. We also carry made-to-order products that we begin to produce as soon as an order is placed. For that reason, it is generally not possible to cancel an order once it has been placed. However, if you email us with a cancellation request before 4 pm PST on the day you place your order, we will do our best to meet your request. We regret that we cannot accommodate any cancellation requests that come in after 4 pm PST on the day you place your order.
Processing Time: The processing time is the amount of time it takes to prepare an item for shipment once an order is placed. Processing time varies by product and can be as short as 1 business day or 30 business days or more for made-to-order items. Business days are Monday through Friday and do not include weekends or holidays. To find the specific processing time for the item you've ordered, please review the product details for the item you've purchased. Although we make every effort to ensure that your item will ship as soon as possible, processing times are estimates only and are not a guarantee that your item will ship by a specific date.
Shipping: The items you purchase will ship either via UPS, FedEx or Truck Freight (for heavier and larger items). Fire Pits Inc has sole discretion to choose the ship method used. Items shipped via UPS or FedEx ground service to a destination within the contiguous 48 United States generally take approximately 5 business days to arrive at your destination, though transit times can be shorter or longer in some cases. Your order cannot be canceled after your item(s) has shipped, regardless of transit time. If you discover you do not need your item(s) after it has shipped, you can return your item (s) subject to our return policy. Items delivered by UPS or FedEx will be delivered to your door. A signature will not necessarily be required upon delivery; it is up to the discretion of the delivery driver whether the item will be left at your door or held until you can sign for the package. If a signature is required, the delivery driver will make several delivery attempts. After the last delivery attempt, the item will be held at a delivery terminal and eventually returned to the warehouse or distribution center. Items returned due to undeliverable addresses will be treated as standard returns under our return policy (below).
Some larger and heavier items can only be shipped via Truck Freight. Freight shipments take an average of 7-14 days to arrive and cannot be expedited. If your item is delivered via Truck Freight, you will receive a call from the freight delivery company when your item is at the local freight terminal to schedule a delivery time before the item is delivered. In the event that the freight company cannot reach you to schedule a delivery time, and your item needs to be held at the local freight terminal for an extended length of time, you may be responsible for holding fees charged by the freight company. We will do our best to reach you and to assist the freight company in scheduling a delivery as quickly as possible. You agree to hold us harmless if the freight company fails or is unable to get in touch with you to deliver your item in a timely manner and holding fees are applied. Delivery delays and/or holding fees applied are not grounds for canceling an order; orders cannot be canceled after the item has shipped.
For freight shipments, during delivery the freight company is not responsible for carrying the item off the truck and into the building, so the driver may or may not assist you with moving your package(s) indoors. For heavier and larger items, we recommend that you have someone available to assist you. The freight company may offer additional service options, such as liftgate (getting the item off the truck and onto the curb), inside delivery and assembly, for an additional service fee. You can arrange for these services directly with the freight company when delivery arrangements are made. You will be responsible for paying the freight company directly for those services. In the rare event that your curb or driveway is not accessible by the freight company, the freight company may deliver your item to the nearest accessible location. You would then be responsible for moving the item from that location to your final delivery point. Not all freight delivery companies offer white glove/set up service as a delivery option. If you are interested in purchasing white glove/set up service for your order, please check with us ahead of time so we can determine if that option is available for your order. If white glove/set up service is not available, you can still place your order with normal freight service (included), or purchase liftgate and standard inside delivery (without white glove/set up) from the freight company when your item is delivered. Not all freight delivery companies offer white glove/set up service as a delivery option. If you are interested in purchasing white glove/set up service for your order, please check with us ahead of time so we can determine if that option is available for your order. If white glove/set up service is not available, you can still place your order with normal freight service (included), or purchase liftgate and standard inside delivery (without white glove/set up) from the freight company when your item is delivered.
Returns: If you are unhappy with your purchase, you may return your item within 30 days from delivery. Some restrictions apply. Some made-to-order items and all custom items are non-returnable and non-exchangeable. For returnable items, you must receive a return authorization from us prior to sending in your item. Items sent in without prior authorization, as well as refused shipments, may not be eligible for a refund. When you've completed the return, and the warehouse has confirmed receipt of the returned item(s), you will be credited with the original purchase amount minus a 20% restocking fee. Please take care when packaging your item(s) for return shipment. No refunds will be given for items that are returned damaged. In the event of a return or a refused shipment, customers are responsible for all return shipping fees.
Damaged Items: Although it is extremely rare, sometimes items do arrive damaged. If your item is being delivered by freight carrier, please note: you MUST immediately inspect the item for damage or missing pieces at the time of delivery. While it is normal for cartons to show some wear, if it appears that damage to the item has occurred, write "PRODUCT DAMAGED" on the sheet that the freight company asks you to sign, do not accept the delivery and call us immediately. Once you contact us, we will work together with the freight company to determine whether the item is damaged and identify the source of the damage. If it is clear that the item is in fact damaged, we will make arrangements to have a replacement sent out to you and have the original item returned. If it is determined that the item is not in fact damaged, the item will be re-delivered to you. In the event that you are unwilling to accept re-delivery of an item that is not damaged, the shipment will be considered "refused" and subject to our standard return policy.
When accepting a freight shipment, it is very important that you note any damage or loss at the time of delivery in order to facilitate the damage claim process. When damage or loss is noted only after the item has been accepted for delivery free and clear, you will need to file a concealed damage or loss claim with the freight company. Concealed freight damage claims can only be filed by the consignee, the person who accepts the delivery. If, after accepting delivery, you discover concealed damage that was not apparent at the time the item was delivered, please contact us immediately so we can assist you. Although we are glad to assist you in completing the concealed freight damage or loss claim, you understand that you will be responsible for actually filing the paperwork and we cannot do this for you. You will need to keep all the original boxes and packaging until your damage claim is resolved. If you do not keep all the original boxes and packaging, your damage claim cannot be processed. In cases where only part of your item is damaged, we may be able to send out a replacement part, although for some items that may not be possible. In cases where sending out replacement parts is not an option, we will help you file a concealed damage claim with the freight company, for full or partial compensation. All damage claims are time sensitive and must be reported no later than 7 days after the item is received. We regret that we cannot accommodate damage claims that come in more than 7 days after delivery. Please note, for concealed damage and loss claims, the freight company may or may not award compensation for the damage or loss. If you or your representative has signed for the delivery and accepted it free and clear without noting damage or loss at the time of delivery, the decision to award compensation is up to the discretion of the freight company.
If you receive a damaged item from a UPS or FedEx shipment, simply notify us within 7 days of delivery. We will send out a replacement and arrange for the damaged item to be picked up. We may require photographs of shipping damage in order to process a damage claim. In some cases, if only a part of the item is damaged, we may send out a replacement part. In cases where the damage can be corrected with a replacement part(s), we will not replace the item itself. We regret that we cannot accommodate damage claims that are filed more than 7 days after delivery. Depending on the item you've ordered and the nature of the damage, damage claims and claims for replacement items can sometimes take several weeks or more to process; therefore, should you receive a damaged item, we recommend that you place a new order for a replacement to expedite processing and delivery. When the damage claim is resolved, we will issue you a full credit for your original purchase.
Refused Shipments: If you refuse a shipment due to damage, please contact us immediately to report the damage and the refusal. We will investigate if the item is damaged, investigate the reason for the damage, and submit a claim to our warehouse to have a replacement sent to you. Please do not refuse shipments for any reason other than visible damage. Please note, in the event that you refuse a shipment for any reason other than damage, you will be responsible for the return shipping cost, as well as a 20% restocking fee for the item you have purchased. If you refuse a freight shipment due to damage, and if it is then determined that the item is not in fact damaged, we will have the item re-delivered to you. Holding charges and/or re-delivery charges may apply.
Governing Law: THESE TERMS AND CONDITIONS AND ANY SALE OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN KING COUNTY, WASHINGTON, AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions of Product Sales more than one (1) year after the cause of action has arisen. The rights and remedies under these Terms and Conditions of Product Sales are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available to Fire Pits Inc at law or in equity.
Electronic Communications: Fire Pits Inc will send notifications and order-related correspondence via email. You agree to receive electronic communications from us. You agree that all agreements, notifications, disclosures and other communications that we provide to you electronically constitute proper notice and satisfy any legal requirement that such notice be in writing.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE PURCHASE OF PRODUCTS FROM OUR STORE, OUR POLICIES, OR THE SUBJECT MATTER OF THIS AGREEMENT.