1. Placing An Order
1.1 To place an order you will need to follow the order procedure set out on the Site. Details of the price payable in respect of any Product and the procedure for payment are displayed on the Site.
1.2 Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver goods within the time specified, but we do not accept liability for any failure to deliver within that time.
1.3 We are entitled to refuse any order placed by you.
1.4 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Product.
1.5 We may revise, discontinue or modify products or services at any time without prior notice to you and products may become unavailable without notice. We shall have no liability of any kind if any product or service is not available.
1.6 You undertake that all details you provide to us for the purpose of purchasing Products via the Site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products. We reserve the right to obtain validation of your credit or debit card details before providing you with any Products.
2. Price and payment
2.1 Payment for all Products must be made by credit or debit card, or Paypal at the time of order. We accept payment only from the credit and debit cards listed at the point of payment on the Site.
2.2 We sell a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced or that the price may increase between your order and our acceptance of your order. We will normally verify prices as part of the process so that, where a Product’s correct price is less than the stated price, we will charge the lower amount when processing the Product. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before sending a confirmation and/or shipping the Product, or reject your order and notify you of such rejection so that you can then re-order at the correct price if you wish.
2.3 If a pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing we are under no obligation to provide the Product to you at the incorrect (lower) price, even if we have already sent you an order Confirmation.
2.4 You will be responsible for payment of any applicable taxes payable in connection with any order.
3. Availability and delivery
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.
4. Risk and title
4.1 The Products will be at your risk from the time of delivery.
4.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges and all other applicable charges, taxes and/or import duties.
5. Identity of Seller
You acknowledge that any Products purchased via the Site will be purchased from Awning Pro-Tech, LLC.
Please note that the purchase of Products via the Site is available only to users that can form legally binding contracts under United States law.
7. Cancellations and Refunds
7.1 If you receive Products which are faulty on arrival or are not what you ordered then we shall, at our option replace or repair any damaged, defective or incorrect products, or refund to you the amount you paid for the goods in question (in accordance with clause 7.4) PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation e-mail within 7 working days of delivery of the Products.
7.2 To cancel any Contract or order, you must inform us in writing. You must return the Product in the same condition in which you received it, and at your own risk. You must return the Product at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to take reasonable care of any Products and do not return them to us in their original condition, we may have a right to seek compensation from you for any loss of, or damage to, the Product.
7.3 When you return a Product to us: (a) We will process the refund due to you as soon as possible, and in most cases, within 30 days of the day we receive the product back. We will refund the price of the Product in full, excluding the original shipping costs and your shipping costs to return the product to us. You will be responsible for the cost of returning the item to us; or (b) for any other reason (for instance, the Product is defective), we will examine the returned Product and will notify you of your refund within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in most cases, within 30 days of the day we confirmed that you were entitled to a refund for the defective and/or returned product or products. Products returned by you because of a defect, or our error, will be refunded in full, excluding a refund of the original delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
7.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. NOTE: Paypal purchases can only be refunded through Paypal up to 60 days, after that period Paypal purchased refunds will be refunded by check from Awning Pro-Tech. NOTE: Purchases made on our website or via telephone, that are processed through Authorize.net, our current secured processing company, can only be refunded back to your card for up to 90 days. Once the purchase goes beyond 90 days, your refund will be by check from Awning Pro-Tech.
7.5 Nothing in this clause affects your statutory rights.
8. Our liability
8.1 We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
8.2 Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the purchase price of the Product you purchased.
8.3 We do not exclude or limit our liability (if any) in any way:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it is unlawful to exclude, or attempt to exclude, our liability.
8.4 Subject to clause 8.3, you acknowledge and agree that we shall not be liable for:
(a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim;
(b) any loss of profit or savings;
(c) loss or corruption of data or information;
(d) loss of contracts, business or opportunity;
(e) damage to goodwill or reputation(s); in each case whether direct or indirect and in each case whether based in contract, tort (including without limitation negligence), strict liability, or otherwise, arising out of or in connection with these Terms of Sale, the Products and/or their use thereof, in each case even if we have been forewarned or are aware of the possibility of such loss or damage.
8.5 If you do not receive Products ordered by you within 30 days of the date on which they were shipped to you, we shall have no liability to you unless you notify us in writing of the problem within 40 days of the date on which the goods were sent to you. If you notify a problem to us under this condition, our only obligation will be, at our option, to make good any shortage or non-delivery.
9. Import Duty
9.1 If you order Products via the Site for delivery outside the US, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact the relevant customs office for further information before placing your order.
9.2 Please also note that you may also need to comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws. (see shipping information)
NOTICES: All notices given by you to us, must be sent to Awning Pro-Tech LLC, 2606 W. Townley Ave. Suite 1 Phoenix, AZ 85021 or firstname.lastname@example.org.
10. Data Protection
11. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing (which includes email). When buying Products, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Awning Pro-Tech LLC, P.O. Box 83552 Phoenix, AZ 85071 or email@example.com
We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Transfer of rights and obligations
13.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. Unavoidable Problems
14.1 Neither party shall be liable for any delay or failure in performing its obligations (other than any payment obligation) under a Contract if such delay or failure is caused by circumstances beyond its reasonable control including, without limitation, an act of government, war, civil unrest, fire, flood, an Act of God or failure of suppliers and/or service providers (“Force Majeure”). We may terminate a Contract if we are unable to perform our obligations under a Contract for a period of 60 days by reason of Force Majeure.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these Terms of Sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
16.1 If any of these Terms of Sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire agreement
17.1 Subject to clause 18, these Terms of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 You acknowledge that, in entering into a Contract, you have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms of Sale.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms of Sale.
18. Our right to vary these Terms of Sale
We have the right to revise and amend these Terms of Sale from time to time. You will be subject to the policies and Terms of Sale in force at the time that you order products from us, unless any change to those policies or these Terms of Sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms of Sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms of Sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. Law and jurisdiction
The Terms of Sale and all Contracts for the purchase of Products via the Site will be governed by and construed in accordance with United States law. Any dispute arising from, or related to, such Contracts, these Terms of Sale and/or any Product shall be subject to the non-exclusive jurisdiction of the courts.
20.1 This Site is owned and operated by Awning Tech Pro, LLC.