Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Return Policy
Returns and exchanges, if applicable, must be made within 15 days of receipt of goods. Returns or exchanges after 15 days will not be accepted. All returns and exchanges will comply with our normal return policy. Once a sale is made and payment completed, the item(s) your ordered are considered to be in process. Once an order is in process, it can be cancelled but there may be restocking fees, handling fees, shipping fees, and other fees that may be applied to a cancelled order. Order for items such as liners, covers, items that are sanitary in nature such as saunas, etc, cannot be returned. Custom orders may not be returned as they are ordered specially for you and cannot be resold to another customer. Items such as liners, pool kits, or any other special order merchandise may not be returned. If you choose to return an item or refuse delivery on an item, you will be responsible for the shipping incurred by us to send the products to you, as well as the shipping to send the goods back to us or our suppliers. You will also be subject to a 25% restocking fee on allowable returned items. All items MUST be in new condition with all proper packing material and paperwork shipped back to us. If the goods cannot be sold in NEW CONDITION, a refund will not be issued and goods will be rejected, or available for you to pickup and ship back to yourself. Be sure that the item you are ordering is what you want and the size, color, shape, design, etc is exactly what you are looking for. If you are not sure, please ask us for any additional information prior to purchase. Returning an item can become costly and the credit card company will refer to this page as a reference that you understand this information. The credit card company will not be able to dispute the transaction if you simply decide to return the goods, or refuse delivery. The above fees would still apply with no recourse.
Delivery
Delivery is curbside only. You will need to arrange to bring the products into your home or yard. The freight line on large orders is only allowed to deliver to your curb. You will need to inspect all goods prior to signing for the merchandise to assure there is no damaged or missing parts. In the event of freight damage, replacement parts can be sent out to solve most issues with your items. We would need to ensure the freight bill was signed as damaged and would require you to send pictures of the damaged items to us in email or regular mail. Upon receiving pictures, we can start the process to solve your issues. Parts can only be sent out if you signed as damaged, or we have a paid freight claim from the carrier.
Please advise the driver of any problems before you sign and get all problems in writing signed by you and the driver.
How to Properly Receive your Goods
Please read the below information as you need to understand your rights as a consumer and what you need to do at delivery. READ THE PAPERS YOU ARE SIGNING. It clearly states your rights and what you are signing. Be sure to note ANY exceptions on the BILL OF LADING prior to signing. If you receive missing or damaged merchandise, you need to notify the carrier upon receiving the order. Note on the freight bill the problem you encountered. You will need to contact us right away at 850-315-0055 so we can get your missing or damaged parts shipped to you immediately. Damaged items need to be sent back and refused in order to get proper replacement for no charge. FAILURE TO CHECK YOUR PRODUCTS FOR DAMAGE AT DELIVERY WILL RESULT IN YOUR PAYING FOR MISSING OR DAMAGED ITEMS. YOU MUST CHECK THE GOODS COMPLETELY BEFORE SIGNING ANY PAPERWORK. READ THE PAPERWORK YOU ARE SIGNING FROM THE DRIVER. IT CLEARLY STATES YOU ARE SIGNING THAT THE GOODS ARE IN PERFECT CONDITION UNLESS OTHERWISE NOTED. CLEARLY INDICATE WHAT IS WRONG WITH THE GOODS ON THE BILL OF LADING.If you didn’t sign your Bill of Lading as damaged, we will have no resource except to file a claim and see if the freight line will pay for it. If they pay the claim, we can send you the parts. If not, you will have to pay for the parts, or try to get your own claim filed. We are only responsible for goods if we have a signed copy of the Bill of Lading from you indicating the goods are damaged, with a detailed description of the problem. You have 48 hours to check the goods and file your own concealed damage claim. Companies do not always pay on concealed damage so you should fully check the entire order upon delivery.
Wrong Order - Our Mistake
If you placed an order and we made the mistake of shipping out the wrong goods, we will be responsible for the fees involved in the pickup of the goods. Wrong order does not include substitutions for a better quality item or slight variances in colors, etc. This is for completely incorrect items.
Wrong Order - You Mistake
If the order was a mistake on your part, you will need to pay for shipping back to us as well as be subject to a possible 25% restocking fee and the shipping we incurred to get it to you. There may be other handling fees as well. You are responsible for your own mistakes on any order. If you place an order over the phone, you are responsible for the order as we can only order what you tell us. Please place your order online to be sure you are ordering the correct items. An email is sent to you with your ordered items. Confirm this information as soon as you order your goods to make sure its 100% correct PRIOR to shipping.
Payment
I agree that we will pay our credit card, paypal, google transactions, etc according to our card holder agreement. I further agree and understand that I may not file a chargeback for any reason except a case of a fraudulent transaction that I did not make. Agreeing to purchase goods from FW Williams Enterprises Inc will waive my rights to a chargeback against FW Williams Enterprises Inc.
Refunds
All orders are processed and charged to you in US Dollars. Any credits, refunds, exchanges, etc will be refunded back to you in US Dollars only. We are not responisble for any conversion rate outside of the US Dollar. We do not convert any currency for you to make a purchase nor to we collect funds from you in a currency other than the US Dollar.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of FW Williams Enterprises Inc.. The collective work includes works that are licensed to FW Williams Enterprises Inc.. Copyright 2003, FW Williams Enterprises Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with FW Williams Enterprises Inc. or purchasing FW Williams Enterprises Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with FW Williams Enterprises Inc. or to purchase FW Williams Enterprises Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by FW Williams Enterprises Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of FW Williams Enterprises Inc. used in the site are trademarks or registered trademarks of FW Williams Enterprises Inc.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, FW Williams Enterprises Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. FW Williams Enterprises Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. FW Williams Enterprises Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
FW Williams Enterprises Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if FW Williams Enterprises Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a FW Williams Enterprises Inc. product is mistakenly listed at an incorrect price, FW Williams Enterprises Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. FW Williams Enterprises Inc. reserves 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 cancelled, FW Williams Enterprises Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by FW Williams Enterprises Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
FW Williams Enterprises Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to FW Williams Enterprises Inc..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of FW Williams Enterprises Inc. products) shall be in the state or federal courts located in Okaloosa County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of FW Williams Enterprises Inc. products) must be commenced within one (1) year after the claim or cause of action arises. FW Williams Enterprises Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. FW Williams Enterprises Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a FW Williams Enterprises Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
FW Williams Enterprises Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, FW Williams Enterprises Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, FW Williams Enterprises Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to FW Williams Enterprises Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless FW Williams Enterprises Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, FW Williams Enterprises Inc. may link to sites operated by third parties. However, even if the third party is affiliated with FW Williams Enterprises Inc., FW Williams Enterprises Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of FW Williams Enterprises Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, FW Williams Enterprises Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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