Need help with installing your retractable awning, pergola, canopy, shade sail or screen? We've got you covered!
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://Retractableawnings.com/ website (the "Service") operated by Retractableawnings.com Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Retractableawnings.com Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Retractableawnings.com Inc.
Our Service may contain links to third party web sites or services that are not owned or controlled by Retractableawnings.com Inc.
Retractableawnings.com Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Retractableawnings.com Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Retractableawnings.com Inc. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
In no event shall Retractableawnings.com Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Retractableawnings.com Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
Retractableawnings.com Inc. highly recommends the purchase of options such as backup manual override, a wind sensor, a motion sensor and a rain/sun sensor. Retractableawnings.com Inc. is not responsible for injury to a person or damage to property or to the product itself resulting from either not purchasing or not using one or more of the above items.
All orders are to be paid for in full in advance due to the custom-made nature of our products. That is, all payments must occur in full when an order is placed. In addition, all sales are final and all orders cannot be canceled under any circumstances as all of our products are custom made and cannot and will not be used for another customer. Once payment is tendered (regardless of the method of payment) the order is considered non-cancellable and cannot be canceled under any circumstances.
If the product, shipping, or installation is somehow not paid for in full for any reason whatsoever the warranty/guaranty on the product and installation is invalid and does not apply.
Under no circumstances will RetractableAwnings.com provide a partial or full refund due to the custom made nature of all of our products.
Retractableawnings.com Inc. production and delivery times as stated for each model on Retractablawnings.com are approximate and cannot and will not be guaranteed either verbally or in writing.
For all products shipped from outside the USA, RetractableAwnings.com will quote and provide an estimated cost for ocean freight, insurance, and duty to the US cost prior to the order being placed. The final cost for ocean freight, insurance, and duty to the US is subject to change, and to the actual, final invoice costs for ocean freight, insurance, and duty.
Certain locations (known as remote locations) have a destination surcharge depending on zip code. Those states are as follows: AR, AZ, CA, CO, FL, MA, MI, MS, MT, NC, NM, NV, OR, TN, TX, UT, VA, WA, WI, WY.
For Canada, some 3-digit postal codes may also have a surcharge. You will be notified at the time of order what the surcharge is (if any).
For all products shipped from within the USA, or USA to Canada, RetractableAwnings.com will quote and provide an estimated cost for LTL freight prior to the order being placed. The final cost for LTL freight is subject to change, and to the actual, final invoice costs for LTL freight whether obtained prior to the LTL shipment or post shipment.
Should a client of Retractableawnings.com Inc. have a defective part/component that is under warranty, the client will need to send digital pictures of the damaged part and return the part/component to be tested prior to a replacement being shipped. Retractableawnings.com does not pay for the shipping of a new part/component labor/trip charges incurred by a local installer/contractor due to a faulty/defective part. This is standard practice in the awning/sun protection industry.
Please note that allowing rainwater, hail or snow, or any other heavy item to collect on a folding lateral arm awning will damage the frame, rip the fabric and cause the arms to snap. None of these causes of ripped fabric, broken frame, or broken arms is covered under the frame, fabric, or Tenara thread warranties.
If an existing customer files an online complaint or negative review on any review or other website OR with any non-government or government organization OR in any other location including and not limited to print media, television stations, radio stations, etc. FOR NO VALID REASON(S) then the warranty/guarantee on the entire product purchased (including installation if applicable) is automatically void until the complaint is removed by the customer. In addition, no additional items on an existing order will be shipped and replacement parts, if needed in the future, will not be provided until the review or complaint is removed.
Retractableawnings.com cannot and will not initiate a complaint or review removal request. The removal of the complaint or review must be from the customer. This policy prevents customers from filing negative reviews and complaints in an attempt to damage our excellent reputation WITHOUT VALIDATION.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. The user and Retractableawning.com Inc. agree to submit to the personal & exclusive jurisdiction of the court system located within Miami Dade County in the State of Florida.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.