ZEN PATIO SOLUTION
Terms and Conditions
OVERVIEW
This website is operated by ZEN PATIO SOLUTION. Throughout
this document, the terms "we," "us," and "our"
refer to ZEN PATIO SOLUTION. By visiting our site at www.zenpatiosolution.com
or purchasing from us, you engage in our "Service" and agree to be
bound by the following Terms and Conditions, including additional policies
referenced herein, such as our Privacy Policy and Return Policy.
Please read these Terms carefully before accessing or using
our website. By accessing or using any part of the site, you agree to be bound
by these Terms. If you do not agree to all terms, you may not access the
website or use any services. New features or tools added to our store are also
subject to these Terms. We reserve the right to update these Terms at any time
by posting changes to this page. Continued use of the site constitutes your
acceptance of any changes.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at
least the age of majority in your state of residence, or that you have given us
your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized
purpose, nor may you violate any laws in your jurisdiction. You must not
transmit malware, viruses, or code of a destructive nature. A breach of any of
these Terms will result in immediate termination of your Services.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any
reason at any time. You agree not to reproduce, duplicate, copy, sell, resell,
or exploit any portion of the Service without express written permission by us.
We may amend these Terms from time to time at our discretion. No delay or
failure by us to enforce any right or remedy under these Terms constitutes a
waiver of those rights.
SECTION 3 — ACCURACY, COMPLETENESS, AND TIMELINESS
Material on this site is provided for general information only
and should not be relied upon as the sole basis for making decisions. We
reserve the right to modify site contents at any time but have no obligation to
update information. Any reliance on site material is at your own risk.
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service, or any part thereof,
at any time without notice. We shall not be liable to you or any third party
for any modification, price change, suspension, or discontinuance of the
Service.
SECTION 5 — PRODUCTS AND SERVICES
Certain products or services may be available exclusively
online through www.zenpatiosolution.com. These products may have limited
quantities and are subject to our Return Policy. We have made every effort to
display product colors and images accurately; however, we cannot guarantee that
your monitor's display will be accurate. All measurements are approximate. Most
products require full or partial assembly — it is the Customer's responsibility
to confirm assembly requirements prior to purchase.
We reserve the right to limit sales of our products or
Services to any person, geographic region, or jurisdiction, and to limit
quantities of any products we offer. All product descriptions and pricing are
subject to change at any time. We reserve the right to discontinue any product
at any time.
SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We
may limit or cancel quantities purchased per person, per household, or per
order. In the event of an order change or cancellation, we will attempt to
notify you via the contact information provided at the time of order. You agree
to provide current, complete, and accurate purchase and account information for
all purchases.
SECTION 7 — PAYMENT
Payment may be made by any method specified on our website.
Payment is automatically taken at the time we receive the order. Goods are
subject to availability. If we discover a pricing error on your order, we will
notify you and give you the option to reconfirm at the correct price or cancel.
Title to any products ordered shall pass to the Customer upon delivery,
provided payment has been processed and received in full.
SECTION 8 — PERMITTING
ZEN PATIO SOLUTION, as the distributor, is not responsible for
obtaining permitting approval or any site- or region-specific documentation
required for installation. It is the Customer's responsibility to determine
whether permitting is required by local or state building codes, zoning laws,
HOA guidelines, or other regulatory authorities, and to cover all associated
costs. You acknowledge that the installation of our products is subject to
local rules and regulations of your state, and you agree to comply with all
applicable laws and building codes before installation.
SECTION 9 — SHIPMENT AND DELIVERY
Delivery is made through a third-party shipping carrier. We
will notify you upon dispatch, and the carrier will typically contact you to
arrange final-mile delivery. Unless otherwise confirmed in writing, goods will
be delivered to the shipping address provided at checkout.
The Customer is responsible for accepting delivery of goods
and for arranging re-delivery or collection if a delivery attempt fails. The
Customer is responsible for any extra charges arising from missed delivery
attempts, shipment refusals, or non-collections, including storage fees which
may reach $100 or more per day. Any fees charged to us by the carrier due to
Customer failure will be invoiced to the Customer, including administration
fees.
Manufacturing and delivery times are approximate and not
guaranteed. Goods may be delivered in advance of the quoted date. We shall not
be liable for any delays regardless of cause. Should the Customer receive goods
in excess of what was invoiced, they must notify us within 48 hours of
delivery.
SECTION 10 — PROMOTIONS, VOUCHER CODES, AND SPECIAL OFFERS
All promotions, coupons, and special offers
("Offers") are subject to their associated terms and may not be
combined with other Offers unless explicitly stated. Only one Offer may be used
per order. ZEN PATIO SOLUTION reserves the right to decline orders where it
determines an Offer or its use is invalid. Offers are not redeemable for cash.
Only Offers communicated through official ZEN PATIO SOLUTION channels are
valid. You agree that Offers:
•
Must be used for the intended audience and purpose, and
in a lawful manner
•
May not be duplicated, sold, or transferred in any
manner, unless expressly permitted
•
May be disabled by us at any time for any reason
without liability
•
May expire prior to your use
Prices during sales are considered limited-time offers and
apply only to orders placed within the specific sale timeframe. Orders placed
outside the sale period do not qualify for sale pricing.
SECTION 11 — THIRD-PARTY LINKS AND TOOLS
Our Service may include materials from third parties.
Third-party links on our site may direct you to websites not affiliated with
us. We are not responsible for examining the content or accuracy of third-party
materials and will not be held liable for any harm or damages related to your
use of or purchases from third-party websites. We may also provide access to
third-party tools on an "as is" basis without warranties of any kind.
SECTION 12 — USER COMMENTS AND SUBMISSIONS
If you submit comments, ideas, suggestions, or other materials
to us, you agree that we may use them in any medium at any time without
restriction or compensation. We are not obligated to maintain confidentiality
of comments, pay compensation, or respond to them. You agree that your comments
will not violate any third-party rights or contain unlawful, abusive, or
obscene material. You are solely responsible for the accuracy and content of
your submissions.
SECTION 13 — INTELLECTUAL PROPERTY
The Site contains content owned or licensed by ZEN PATIO SOLUTION
(the "Content"), protected by copyright, trademark, patent, trade
secret, and other laws. You will not remove or alter any copyright notices,
reproduce, modify, distribute, publish, sell, or exploit the Content. The ZEN
PATIO SOLUTION name and logo are trademarks and may not be copied, imitated, or
used without prior written permission.
SECTION 14 — ELECTRONIC COMMUNICATIONS AND PERSONAL INFORMATION
By using our Site, you consent to receive communications from
us electronically. All agreements, notices, and communications sent
electronically satisfy any legal requirement that such communications be in
writing. Your submission of personal information through the store is governed
by our Privacy Policy.
SECTION 15 — PROHIBITED USES
In addition to other prohibitions set forth in these Terms,
you are prohibited from using the site or its content for:
•
Any unlawful purpose or to solicit others to perform
unlawful acts
•
Violating any international, federal, provincial, or
state regulations, rules, or laws
•
Infringing upon intellectual property rights of any
party
•
Harassing, abusing, insulting, or discriminating
against any individual or group
•
Submitting false or misleading information
•
Uploading or transmitting malware or malicious code
•
Collecting or tracking personal information of others
•
Spamming, phishing, or scraping
•
Any obscene or immoral purpose
•
Interfering with or circumventing the security features
of the Service
SECTION 16 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
In no case shall ZEN PATIO SOLUTION, our directors, officers,
employees, affiliates, agents, contractors, suppliers, or licensors be liable
for any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including lost profits, lost
revenue, loss of data, or replacement costs, arising from your use of the
service or any products, even if advised of their possibility. We shall not be
liable for any indirect losses, including loss of profit, wasted time, income,
or anticipated savings.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ZEN PATIO SOLUTION
and our parent, subsidiaries, affiliates, partners, officers, directors,
agents, contractors, licensors, service providers, subcontractors, suppliers,
and employees from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising from your breach of these Terms or
your violation of any law or the rights of a third party.
SECTION 18 — FORCE MAJEURE
ZEN PATIO SOLUTION will not be held responsible for any delay
or failure to comply with our obligations if the delay or failure arises from
any cause which is unforeseeable and beyond our reasonable control, making
performance inadvisable, commercially impracticable, illegal, or impossible.
SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be unlawful,
void, or unenforceable, such provision shall nonetheless be enforceable to the
fullest extent permitted by applicable law, and the unenforceable portion shall
be deemed severed from these Terms without affecting the validity of any other
provisions.
SECTION 20 — GOVERNING LAW AND DISPUTE RESOLUTION
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These Terms are governed by and construed in accordance with
the laws of the State of Maine, United States, without regard to its conflict
of law principles. The United Nations Convention on Contracts for the
International Sale of Goods and UCITA are expressly excluded.
The parties shall use their best efforts to settle any dispute
directly through consultation and good faith negotiations, which shall be a
precondition to initiating a lawsuit or arbitration. Any unresolved disputes
shall be submitted to final and binding confidential arbitration in accordance
with JAMS Inc. Streamlined Arbitration Rules & Procedures, with arbitration
taking place in Portland, Maine. The decision of the arbitrator will be final
and binding.
YOU WAIVE YOUR RIGHT TO A JURY TRIAL. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, EACH PARTY MAY ONLY BRING CLAIMS IN THEIR INDIVIDUAL CAPACITY
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION.
SECTION 21: DISPUTE RESOLUTION AND CHARGEBACKS
1. Agreement to mediate: in the event of any dispute, claim, or
controversy arising out of or relating to the purchase of a zen patio solution
product (including defects, shipping, or installation), the customer explicitly
agrees to submit the dispute to non-binding mediation prior to initiating any
credit card chargeback, dispute, or legal action.
2. Mediation process: mediation shall be conducted virtually or in
the state of maine. Each party shall bear their own costs of mediation. The
parties agree to participate in the mediation in good faith for a period of no
less than thirty (30) days.
3. No chargeback pledge: customer acknowledges that initiating a
chargeback without completing the mandatory mediation process constitutes a
breach of this contract. Customer agrees that zen patio solution, llc shall be
entitled to recover all administrative costs, bank fees, and reasonable legal
expenses incurred in responding to an improper dispute.
SECTION 22 — ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by us
on this site constitute the entire agreement and understanding between you and
us and govern your use of the Service, superseding any prior agreements,
communications, or proposals, whether oral or written.
SECTION 23 — CHANGES TO TERMS
We reserve the right, at our sole discretion, to update,
change, or replace any part of these Terms by posting updates to our website.
It is your responsibility to check this page periodically for changes. Your
continued use of the website following the posting of any changes constitutes
acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
For questions about these Terms and
Conditions, please contact us:
(360) 732-8434
ZEN PATIO SOLUTION
Website: www.zenpatiosolution.com
Email: sales@zenpatiosolution.com
Phone: (360) 732-8434
ZEN PATIO SOLUTION
LIMITED 10-YEAR WARRANTY
WARRANTY AT A GLANCE
Structural
Frame (Posts, Beams, Louvers, Base Plates) → 10
Years
Electrical
Components & Accessories → 2
Years
Non-transferable |
Original purchaser only | US only
1. OVERVIEW
ZEN PATIO SOLUTION ("Company," "we,"
"us," or "our") provides this Limited 10-Year Warranty to
the original purchaser of ZEN PATIO SOLUTION products purchased directly from
ZEN PATIO SOLUTION or through an Authorized ZEN PATIO SOLUTION Dealer
("Products"). This warranty covers defects in materials and
workmanship under normal use and proper maintenance, as described below.
This warranty is non-transferable except as expressly provided
in Section 7, and applies only to products installed within the United States.
2. WARRANTY COVERAGE
The following coverage periods apply, measured from the date
of delivery:
Structural Frame (Posts, Beams, Louvers, Base Plates) → 10 Years
Electrical Components & Accessories → 2 Years
Non-transferable |
Original purchaser only | US only
Note: The warranty period is not extended if Zen Patio Solution
repairs or replaces a product. Replacement parts are covered only for the
remainder of the original warranty period.
3. WHAT IS NOT COVERED
The following are expressly excluded from our warranty:
•
Any damage, failure, or defect arising from or
attributable to the installation process, regardless of cause;
•
Any structural failure resulting from improper
assembly, incorrect anchoring, or installation on an unsuitable surface;
•
Any costs, damages, or losses associated with installer
errors, including labor costs for removal, reinstallation, or correction;
•
Any damage arising from installation not performed in
conformance with the Zen Patio Solution Installation Manual.
4. WARRANTY REGISTRATION
To activate this warranty, the original purchaser must
register the product within 30 days of delivery. Registration is completed by
emailing warranty@zenpatioSolution.com with:
•
Copy of proof of purchase / invoice
•
Date of delivery and date of installation
•
Address where the product is installed
•
Name of installer
•
Zen Patio Solution considers the warranty active once
registration is acknowledged in writing. Failure to register within 30 days may
result in denial of warranty claims.
5. HOW TO FILE A WARRANTY CLAIM
All warranty claims must be submitted in writing by email to
warranty@zenpatioSolution.com within 30 days of discovering the defect. Claims
must include:
•
Full name, address, and contact information of the
claimant
•
Product model/number and description
•
Copy of proof of purchase
•
Date of delivery and date of installation
•
Name and contact of installer
•
Address where the product is installed
•
Detailed description of the defect
•
Photographs clearly documenting the defect
Zen Patio Solution reserves the right to inspect the product
before any repairs are made. Do not begin repairs prior to inspection, as doing
so may void this warranty at our sole discretion. After inspection, if the
claim is approved, we will deliver a remedy within 180 days of receipt of the
claim. Claims processed under JAMS arbitration are subject to the dispute
resolution terms in our Terms and Conditions.
6. TRANSPORT DAMAGE
In the event of visible transport damage upon delivery, the
Customer must document the damage with the carrier at the time of delivery and
notify Zen Patio Solution within 7 days of receipt. Failure to report transport
damage does not impact statutory rights but may limit our ability to file
claims with the carrier. If delivery is refused without documented visible
damage, the Customer will be responsible for any re-delivery costs.
7. TRANSFERABILITY
This warranty is non-transferable and applies only to the
original purchaser. It may not be assigned to subsequent owners, lessees, or
other parties except in cases where Zen Patio Solution provides express written
consent to a transfer. In the event of an approved transfer, the new owner
assumes all remaining warranty terms and conditions. No fee is charged for an
approved transfer; however, the transfer must be registered in writing with Zen
Patio Solution.
8. DISCLAIMER AND LIMITATION OF LIABILITY
THIS LIMITED WARRANTY IS EXCLUSIVE. ZEN PATIO SOLUTION
MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY
STATED HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THIS DISCLAIMER MAY NOT APPLY TO YOU.
ZEN PATIO SOLUTION'S LIABILITY IS LIMITED TO THE ORIGINAL
PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL ZEN PATIO SOLUTION BE LIABLE
FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOSS OF PROFIT, WASTED TIME, INCOME, OR ANTICIPATED SAVINGS, ARISING
FROM OR RELATED TO THE PRODUCT OR THIS WARRANTY, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY, OR ANY OTHER THEORY. SOME STATES DO NOT ALLOW SUCH
LIMITATIONS, SO THE ABOVE MAY NOT APPLY TO YOU.
9. OUTSTANDING PAYMENTS
Warranty benefits may be suspended without notice if the
Customer or reseller has any outstanding financial obligations to Zen Patio Solution.
Benefits will remain suspended until all outstanding obligations are resolved
to our satisfaction. The purchase of a replacement part does not extend the
length of the original warranty.
10. GOVERNING LAW AND ARBITRATION
This warranty is governed by and construed in accordance with
the laws of the State of Maine, United States. Any dispute arising out of or
related to this warranty shall be subject to binding individual arbitration in
accordance with the dispute resolution terms set forth in the Zen Patio Solution
Terms and Conditions. THIS WARRANTY IS NOT A PERFORMANCE CLAIM. THIS LIMITED
WARRANTY APPLIES ONLY WITHIN THE UNITED STATES.
11. RETURN
AND REPLACEMENT POLICY
11.1 Total Loss Claims
In the event that a Product is deemed a "total loss" due to a covered
defect within the warranty period, the following return procedure must be
strictly followed:
- Documentation: Before dismantling or shipping the Product, the
Customer must provide high-resolution photographs clearly documenting the
extent of the damage or defect to sales@zenpatioSolution.com. - Authorization: No returns will be accepted without prior written
authorization from Zen Patio Solution. - Packaging
Requirements: The Product must be securely
packaged in heavy-duty cardboard or equivalent reinforced shipping
materials to prevent further damage during transit. - Shipping
Costs: The Customer is responsible
for all initial shipping costs associated with the return of the Product.
11.2 Inspection and Remedy
Upon receipt and physical inspection of the returned Product, Zen Patio
Solution will conduct a formal assessment to determine the cause of the failure.
- Manufacturer
Fault: If the damage is confirmed to
be a direct result of defects in materials or manufacturing workmanship,
Zen Patio Solution will:
- Reimburse the Customer for the documented shipping
costs incurred for the return. - Ship a brand-new replacement Product to the Customer
at no additional charge.
- Exclusions: If the damage is found to be caused by improper
installation, misuse, or any other factor excluded in Section 3, no
refund for shipping or replacement Product will be provided. - No
Cash Refunds: Under no circumstances does
this policy provide for a cash refund of the original purchase price; the
remedy is limited to the replacement of the defective Product.
12. CONTACT INFORMATION
ZEN PATIO SOLUTION
Website:
www.zenpatiosolution.com
Email:
sales@zenpatiosolution.com
Phone: (360) 732-8434
This written limited warranty
replaces all previous warranties and conditions, written or verbal, provided to
the Customer by the Company. No representative, dealer, or other person is
authorized to make any warranty on behalf of Zen Patio Solution unless made in
writing and signed by an authorized representative.