These terms and conditions (Agreement) apply to the purchase of any and all products sold by The Outdoor Store, LLC. This includes showroom, home and garden shows, telephone and internet orders. By ordering the product, you accept and are bound to the terms and conditions of this agreement.
IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS OF SALE THESE TERMS AND CONDITIONS OF SALE CONSTITUTE A BINDING CONTRACT BETWEEN, YOU THE CUSTOMER AND THE OUTDOOR STORE. CUSTOMER ACCEPTS THESE TERMS AND CONDITIONS OF SALES BY MAKING A PURCHASE, PLACING AN ORDER EITHER VIA TELEPHONE SHOWROOM, HOME SHOW AND INTERNET SALES.
- Documents. This agreement may not be altered, supplemented, or amended by the use of any other documents, unless agreed upon in writing and signed by both The Outdoor Store and the customer.
- Payment Terms. Orders & Quotes. Payment terms are within The Outdoor Store’s, sole discretion, unless otherwise agreed upon by The Outdoor Store, LLC. payment must be made at the time of purchase. Online payment for Product may be made by Visa, MasterCard, or Discover. Phone orders may be placed by credit card only. Online quotes are only an estimate and do not guarantee the actual price. Online quotes are only valid for the time indicated on the quote. Telephone quotes are only valid for a maximum of 14 days, and subject to change based on inventory. The Outdoor Store, LLC. is
not responsible for pricing, typographical or other errors, in any offer and The Outdoor Store, LLC., reserves the right to cancel any orders resulting from such errors. Online orders are unable to specify a specific ship date. All Sales Final.
- Shipping. Shipping and handling charges are an additional charge unless otherwise specifically noted at the time of the sale. All shipping charges are non-refundable. The Outdoor Store, LLC., offers three types of shipping options. (1) Will call at one of our shipping terminals, which is the most cost effective way to accept deliver. (2) A commercial business address. All of our carriers are set up for business deliveries, providing you have either a loading dock or fork lift to remove the shipment from the truck. Our shipping companies will not unload your product for you. (3)
Residential/Lift-Gate delivery to your home address is also an option. The shipping companies will deliver your shipment to your driveway only; they will not bring it into your home or move it to your desired location. We do not guarantee any shipping times; although we will do our best to get the product to you as quickly as possible, sometimes factors occur beyond our control and may affect shipping times. If for any reason you cannot accept delivery of your shipment, after the order has shipped, any and all re-delivery, re-consignment and or storage fees will be the consumer’s responsibility. These fees can be costly, so please be sure you can accept delivery, once it reaches its final destination. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by The Outdoor Store, LLC. or other parties only as an estimate. Our complimentary liftgate service is available for many of our standard pallet items. This platform is installed at the rear of the truck to expedite the process of unloading your package. The driver will take your delivery off the truck for you, but it is your responsibility to bring it onto your property. Please take a few minutes to examine the exterior of your package for any visible damage. In the unlikely instance that you recognize damage, remember to note it on the Proof of Delivery (POD) slip that you’ll receive from the driver.
- Oversized Items. When purchasing an extra-large freight item that exceeds liftgate limitations, you’ll need to contact an outside service organization to rent a forklift. If you have any questions regarding the delivery of your product, the members of our team will be happy to guide you through the process.
- Receiving your freight. Please be sure to inspect your shipment before signing for it. Although freight damage is rare, it can occasionally happen. Any and all damage must be noted in writing on the freight bill/delivery receipt. It is the consumer’s responsibility to make sure that no damage has occurred, prior to signing for your shipment. Be sure to verify that you have the correct number of pieces. A packing slip is attached on each shipment and will show the total piece count for the order. Once you sign the delivery receipt, the shipment becomes your property. Upon receipt of your order you must notify The Outdoor Store, LLC. of any discrepancies within 24 hours from receipt of the shipment. Failure to do so will hold The Outdoor Store, LLC., harmless of any claims.
- Damaged Merchandise. We carefully package your order, prior to shipping and although freight damage is rare, it can occasionally happen. If apparent/visual damage should occur, it must be noted on the freight bill or delivery receipt and signed by the carrier’s agent, failure to do this will result in the carrier refusing to honor the claim. If excessive damage has occurred the merchandise should be refused upon original delivery attempt. Failure to notify us of any documented damage or missing parts within the 24 hour time frame will be the customer’s responsibility for any repairs and or replacement parts. Once you sign for your shipment, it becomes your property. Once a product has been noted as damaged upon delivery by the carrier and refused, notify The Outdoor Store, LLC. so that a replacement item
may be shipped or a credit issued.
- Return Policy. In the rare case an exception is made to allow a return. The product must be in the original unopened packaging. A minimum 30% restocking fee will be assessed. The customer is responsible for return shipping charges. If the returned product arrives in a damaged condition, The Outdoor Store, LLC. will refuse the shipment and resolution will need to be made by the customer with
- Warranty. The Outdoor Store does not manufacture or warranty any products. Any warranty provided is by the manufacturer. The Outdoor Store does not provide any warranty, real or implied. Warranty resolution is at the sole discretion of the manufacturer. Each product comes with a manufacturer’s warranty for a specified period of time. Included with each product is the contact information to reach the
manufacturer, should you have a need. The Outdoor Store also has a list of the numbers to call each manufacturer for the customer’s convenience. It is up to the customer to contact the manufacturer to receive warranty service or parts.
- Liabilities. Due to the fact that The Outdoor Store, LLC. does not manufacture any of the products that we sell, we shall assume no liability arising from the use, misuse or improper operation of any products purchase from us. We shall not be responsible for any amount other than that of the original purchase price of the product in question.
- Cancellations. Once your order has been processed we are unable to accept cancellations. If your order is on back order and has not been shipped, you may contact us at 1-713-409-5979 and request cancellation, special restrictions may apply for special order items.
- Governing Law. THESE TERMS AND CONDITIONS OF SALE AND ANY FURTHER SALES WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO
CONFLICTS OF LAWS RULES.
- Product selection. We reserve the right to add, change or delete product selection at any time. All pricing is subject to change at any time, once an order has been processed, no price adjustments will be made.
- Dispute Resolution/Arbitration. The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against The Outdoor Store, LLC., its agents, employees, successors, assigns or affiliates arising out of or relating to this Agreements, The Outdoor Store, LLC. Advertising, or any related purchase ( a “Dispute”) through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The arbitration hearing shall take place in Houston, Texas and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.
- Copyright and Trademark Notice. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of this Store, [email protected], ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our
prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
- Credit Cards. We accept the following credit cards: Visa, MasterCard, American Express and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon completion of your order.
- Links. This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we’re not responsible for the operation of or content located on or through any such site.
- Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Outdoor Store, LLC. reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
- Other Conditions. These Conditions will supersede any terms and/or you include with any purchase order, regardless of whether The Outdoor Store, LLC. signs them or not. We reserve the right to make changes to this site and these Conditions at any time.
- Out-of-Stock Products. We will ship your product as it becomes available. There may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment.
- Privacy. We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience. Our secure servers protect your information using advanced encryption techniques and firewall technology. To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the Sample Store site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us. When entering any of our contests or prize drawings, you provide your name, email
address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the The Outdoor Store, LLC. You may unsubscribe from this news list by following the unsubscribe instructions in any email received. We use “cookies” to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.
- Taxes. Our Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of Texas. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
- Typographical Errors. In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our supplier, The Outdoor Store, LLC. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Outdoor Store, LLC. 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, The Outdoor Store, LLC. shall immediately issue a credit to your credit card account in the amount of the incorrect price.