Terms of Sale
Terms and Conditions of Sale
These terms of sale cover your purchase of any and all products offered on www.outdoorfurnitureplus.com a division of Eddins Marketing Group LLC. Please read these carefully. By placing an order with www.outdoorfurnitureplus.com you acknowledge that you’ve read and accept our terms and conditions. These are subject to edit without prior notification.
1. Products: Prices may change and products may be discontinued at any time for any reason we deem necessary.
2. Orders: Verification of information may be required prior to the acceptance of any order. You will receive an order confirmation from us when the order is received. The only instance you will receive additional communication from us is if there is a problem with your order. Otherwise, consider it accepted.
3. Payment: Payment can be made with Visa, MasterCard, American Express and Discover credit cards. Your credit card will be charged when your order is placed. We also accept Paypal and payment by business check or money order. These would need to be mailed to our corporate offices and orders will ship after payment is received. Please make payable to Eddins Marketing Group and mail to: Eddins Marketing Group LLC, 6614 Sherwood Drive, Knoxville, TN 37919.
4. Delivery: Delivery times vary by product and manufacture. Estimated delivery time will be sent with your order confirmation. Upgraded shipping will result in an additional shipping charge. Orders will be shipped Monday through Friday. www.outdoorfurnitureplus.com does not guarantee delivery dates. Shipping dates given by the www.outdoorfurnitureplus.com prior to shipment are estimated only, and www.outdoorfurnitureplus.com shall not be liable for failure to meet such dates for any reason, including delays in or failure of delivery by a manufacturer resulting from product shortages or other manufacturing delays or causes beyond www.outdoorfurnitureplus.com 's reasonable control. Causes beyond the www.outdoorfurnitureplus.com 's reasonable control include the following, whether in www.outdoorfurnitureplus.com 's own facilities or in any other facility affecting its supply, production, transportation, or delivery: fire, windstorm, earthquake, or other natural disaster; strikes, lockouts, or other work stoppages; wars, riots, or civil commotion; priorities or other Government allocations or controls; interference or restraint of public authority (whether lawful or not); explosion or accident; epidemic or quarantine restrictions; failure of the www.outdoorfurnitureplus.com 's suppliers to deliver; shortage of raw material or labor; or any other cause, whether or not of the same kind as those here specified, which www.outdoorfurnitureplus.com cannot provide against by the exercise of reasonable diligence. In the event of any delay from such causes, shipping and/or delivery dates shall be extended to a period equal to the time lost by reason of the delay. In the event of a product shortage, www.outdoorfurnitureplus.com shall have the right to allocate its available products among its customers on such a basis as it may determine at its sole discretion in the exercise of its business judgment
5. International Shipments: We currently do not ship outside of the United States lower 48 states.
6. Domestic Shipping & Handling (S&H) Charges: Shipping and handling is free on all orders over 100.00 dollars shipped to a US Mainland address unless upgraded shipping methods (white glove delivery) or special shipping instructions are required by customer. Shipments to islands off of the mainland US will incur shipping charges.
7. Warranties: All products are sold under manufactures warranty policy and do not carry a warranty by www.outdoorfurnitureplus.com. In no event shall www.outdoorfurnitureplus.com be liable for incidental or consequential damages arising out of or in connection with a product or services sold by www.outdoorfurnitureplus.com. Consequential damages shall include, but not be limited to, loss of use, income, or profit, and losses sustained as a result of injury (including death) to any person or loss of or damage to property. Material Safety Data Sheets may be obtained upon written request.
8. Return & Restocking Policy: www.outdoorfurnitureplus.com will gladly refund your original purchase price minus any restocking fees if you are not happy within 30 days of receipt (excluding Manufactures listed at the end of this section), as long as the product is in its original resalable condition, unused, unassembled, and with original packaging including all accompanying hardware, labels, tags and instructions. Custom items are not returnable but "are" still warranted. Optional stain is customization and only returnable at manufacturer's discretion, along with a restocking charge. Rush/Priority Processing fees are not refundable. Customer agrees to pay return shipping costs (including insurance) on any returned item that is simply unwanted or a product exchange. Subsequent exchanges resulting from an initial product return may be subject to a 30% restocking charge at manufacturer's discretion. Customer must contact Outdoor Furniture Plus first for proper Return instructions. Email: firstname.lastname@example.org. Any item with a prefix of "RT" is a non-returnable item. This is also indicated on each page from this manufacturer. Items older than 30 days after receipt are nonreturnable (excluding warranty issues).
9. Order Cancellations: On all shipments to customers, www.outdoorfurnitureplus.com incurs shipping and handling costs. If your order shipment is Cancelled, Refused (excluding damage claim) or Undeliverable after shipping, we will only charge your account the outbound and turnaround shipping charges, handling and/or credit card processing fees when/if imposed upon www.outdoorfurnitureplus.com to recover our expenses. In addition, we also reserve the right to impose or waive a restocking fee upon the customer if imposed or waived upon www.outdoorfurnitureplus.com by the manufacturer.
10. Mistaken and Damaged Shipments.
Damaged Items: *Items damaged during shipment: Please contact us if you receive damaged items and we will gladly replace the item or provide a full refund for the product damaged. DO NOT REFUSE your shipment from UPS or FedEx. Always receive the box and inspect, then call us. If you received your item via Truck/Freightline and the box is visually damaged, open the box while the truck driver is still there and inspect the item. If your item is damaged, then REFUSE the shipment. If the shipment as multiple boxes, ONLY refuse the damaged item. If there is consealed damage to any shipment, please email to us a photo of the damaged item (and box if it looks damaged to you now) and we will take it from there.
Errors in Shipping: At www.outdoorfurnitureplus.com we have a shipping accuracy of 99.8%. We are human and sometimes make mistakes. If this happens, simply contact us, and will ship the correct order immediately. We ask that you return the items sent in error and let us know what the shipping cost was to you. You will then be credited for that amount back on your credit card.
11. Pricing Errors: We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However we have thousands of Products listed. If the Product's correct price is higher or lower than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you.
12. Indemnification: The Purchaser will indemnify, defend, and hold www.outdoorfurnitureplus.com harmless from and against all claims, demands, causes of action (including third-party claims, demands, and causes of action, whether directly or for contribution or indemnification), losses, damages, expenses (including attorney's fees), and liabilities of every kind and nature (each a "Claim") asserted by any person that arises out of or results from any one or more of the following with respect to products sold to Purchaser by www.outdoorfurnitureplus.com: (a) any breach by any manufacturer of any of its representations, warranties, or covenants; (b) without limiting the preceding, any defective product, whether such defect is one of design or manufacture; (c) any recall of any product, regardless of who initiates the product recall; and (d) any negligent act or omission by a manufacturer. Purchaser's duty to indemnify www.outdoorfurnitureplus.com will apply whether the Claim arises under theories of tort, contract, warranty, strict liability, product liability, statute, or otherwise. To the extent that www.outdoorfurnitureplus.com incurs any loss for death, personal injury, or loss of property to unrelated third parties, whether during any warranty period or after its expiration, in connection with any products or services, Purchaser will indemnify, defend, and hold www.outdoorfurnitureplus.com harmless from and against such loss, notwithstanding the expiration of the warranty period, the amount of insurance to be carried by the manufacturer, or any other limitation. This indemnity applies except to the extent that the Claim arises out of the sole negligence or willful misconduct of www.outdoorfurnitureplus.com.
13. Severability: If any provision of these Standard Terms and Conditions is held by an arbitrator or a court of competent jurisdiction to be unenforceable as written, such provision will be deemed reformed and enforced to the maximum extent permissible and the remaining provisions of these Standard Terms and Conditions will remain in full force and effect
14. Governing Law: These Terms & Conditions and all disputes related to it shall be governed by the laws of the State of Tennessee, of the United States of America, without giving effect to its conflict of law rules. All litigation shall be handled in Knox County in the State of Tennessee.
15. Remedies for Non-Payment: In the event of non-payment, Buyer agrees to pay www.outdoorfurnitureplus.com reasonable attorney fees and court costs, if any, incurred by www.outdoorfurnitureplus.com to collect payment, and all applicable interest charges. Buyer acknowledges that transactions to which these terms relate are commercial transactions. To the extent not contrary to applicable law, Buyer (i) waives any available homestead exemption, (ii) irrevocably authorizes www.outdoorfurnitureplus.com to appoint a representative to appear in a court of competent jurisdiction to confess a judgment without process in Buyer’s favor for such amount that remain unpaid, and (iii) consent to immediate execution upon any such judgment. Buyer voluntarily and knowingly waives its right to notice, demand, presentment, protest and any hearing to which it may be entitled under any state or federal law relating to any right or remedy (including prejudgment remedies) that www.outdoorfurnitureplus.com may elect to use or of which it may avail itself.