Terms & Conditions of Final Sale and Purchase | Outdoor Dream Company

TABLE OF CONTENTS

1. Entire Agreement

2. Final Sale

3. Product Pricing

4. Item Page Information

5. Shipping

6. Damaged Items

7. Finance Units

8. Customer Safety & Security

9. Privacy Policy

A. Information We Collect and How We Collect It

B. How We Use Your Information

C. How We Share Your Information

D. Third Party Advertising and Analytics

E. “Do Not Track” and Global Privacy Control Signals

F. Third Party Content, Applications, and Links

G. Your Choices About The Information We Collect

H. Security of Your Information

I. General Audience Services

J. Changes to the Privacy Policy

K. Consent to International Transfer of Your Information

L. How Long We Retain Your Information

M. Contact Us

N. Notice to California Residents

O. Notice to Nevada Residents

P. Notice to Virginia Residents

Q. Additional Information for Canadian Residents

10. Sale/Use Tax

11. PGI Text Messaging Terms & Conditions

12. Your Product Care Responsibilities

13. Governing Law, Venue, and Limitations

14. Wavier of Jury Trial

15. Availability of Products and Services

16. Accuracy of Billing and Account Information

17. Miscellaneous

18. Contact Us

1. Entire Agreement

By placing your Order with Outdoor Dream Company (“[Company]” or “we” or “us”), you knowingly, voluntarily and unconditionally agree to these Terms & Conditions and our Terms of Service, which constitute the complete and entire agreement between you and [Company] and contain all terms and conditions of this final sale and purchase. All prior or contemporaneous oral or written agreements, promises, communications, representations, and inducements made by any [Company] employee or representative are hereby canceled and extinguished, and shall not be binding on [Company] nor relied upon by you for any purpose whatsoever. No modification of these Terms & Conditions shall be legally valid or binding unless memorialized in a written Addendum signed by both you and [Company]’s authorized representative. Any attempted or purported verbal modification to these Terms & Conditions is legally void, invalid and non-binding. No term of these Terms & Conditions can be waived or modified by verbal agreement, including, without limitation, the terms of this Section 1.

These Terms & Conditions apply to your purchase of any products on [Company]’s websites, software, or other interactive feature and online services owned and operated by [Company] (collectively, our “Sites”).

[Company] may revise, modify, or amend these Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to our Sites. You agree to review these Terms & Conditions prior to making any purchase to ensure that you are aware of any changes. By accessing this website we assume you accept these terms and conditions. Do not continue to use [Company] if you do not agree to take all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and us. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, by and subject to, prevailing law of us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Final Sale

THIS SALE IS CONSIDERED FINAL AND CANNOT BE CANCELED BY YOU UNDER ANY CIRCUMSTANCES. No refunds or exchanges for any reason. All payments made by you, whether through credit card, check, or financing, are non-refundable. All products Additionally, all pre-orders, custom orders, and deposits are non-refundable. Once a unit is put into production or ordered, it cannot be canceled or altered. All tradeshows, expos, event sales, special package deals, and off-site sales are non-refundable and non-transferable. You will only receive the products, quantities, models, or options that you have purchased. Please refer to below concerning Damaged or Defective Items. By signing this agreement, you acknowledge that any warranty lies with the manufacturer, not the dealer, and no refunds will be issued for any reason. 

All off-site sales, such as boat shows, home and patio shows, fairs, festivals, etc., may offer special packages, pricing, warranties, etc. Please note that all events conducted off-site are represented by another company as a third party. If you make a purchase under the Outdoor Dream Company umbrella at an off-site location, you acknowledge that in addition to these terms and conditions, there may be adjustments or addendums provided by the event team. For any further inquiries, please consult the sales team at the event or contact our main offices at any time by calling the store.

3. Product Pricing

The Outdoor Dream Company reserves the right to modify item pricing or information at any time. Prices listed on Outdoor Dream Company’s Sites may not always be accurate. Should you purchase an item from our Sites before prices are updated, you will be notified and given the choice to cancel or pay the difference. If the price of an item decreases after your purchase, Outdoor Dream Company will not refund the difference to you. Special pricing applies to all events, shows, off-site tent sales, and festivals. Pricing may fluctuate depending on the season and availability of demo units and different models sold at expos and events. Due to the increasing costs of goods, services, and transportation, no refunds will be issued for price changes if a pre-order or deposit has been placed, even if a lower price becomes available. Please note that variations in every production run, components, and add-on features mean that not all orders are identical, despite appearing similar.

4. Item Page Information

The Outdoor Dream Company’s Sites may display a picture that doesn’t precisely match the product but generally illustrates its appearance. We will send you the item you ordered, even if it may slightly differ from the image. Please review the product information and specifications before making your purchase. Information on external sites like eBay, Amazon, Home Depot, Lowe’s are not the responsibility of Outdoor Dream Company. Product information and specifications from third-party websites must be verified before making a purchase.

5. Shipping

1. Shipping Carriers

Outdoor Dream Company retains the exclusive right to select the carrier for delivering your purchased items if you opt for shipping. We do not control independent carriers and are not liable for their actions or omissions. Once the carrier takes possession of your shipment, we cannot modify shipping addresses or arrange specific delivery dates. We can offer approximate delivery dates based on information provided by the carrier. Please contact us at the store to address any delivery concerns.

If you choose to have your unit shipped rather than picked up, you consent to our third-party vendors delivering the unit. Local deliveries, due to product size and weight, require specialized teams and equipment, and all deliveries, shipping, and local sales are managed by third-party companies. If you have any questions or encounter issues with one of these companies, please contact us. Once a unit leaves our facility, the third-party company assumes responsibility for any damages, claims, or insurance issues. All vendors are insured and licensed for unit transport. While we are willing to assist with claims for any damages, you understand that Outdoor Dream Company is not liable for any third-party issues and will not cover costs or warranty such problems.

By purchasing from Outdoor Dream Company, you agree not to post negative public reviews, slander, or negative comments about our company due to issues caused by another company. You also agree not to harm our company’s reputation in any way due to delays, claims, damages, or communication issues caused by another company. You acknowledge that once the unit is sold and leaves our facility, it becomes the responsibility of the contracted company.

By choosing to have your unit delivered or shipped, you acknowledge that in the event of a claim or damage, you are obligated, as per the contract and third-party logistics agreement, to accept delivery and file a claim. While we are available to assist, refusing delivery by the shipping or freight company may result in additional expenses, as they charge for reshipment to our store. If a shipment is rejected without communication or a Return Merchandise Authorization (RMA) from the third-party company, you will be responsible for the actual shipping costs to and from your destination, as well as any additional fees for reshipping the unit.

In the event of transit damage or damage caused by a third party, if a claim is not submitted and the unit is returned, you agree to pay storage fees at the following rates per day: $75 for hot tubs, $150 for swim spas, and $100 for outdoor kitchens, with a maximum of 60 days before the unit is destroyed at the owner’s expense. If a claim is accepted, you agree to have the unit repaired or fixed at the expense of the shipping company or the purchaser. Please contact us before rejecting any shipment so that we can guide you through the correct steps to avoid additional costs.

  1. Delivery of Purchased Items

Smaller Items:

We ship smaller items via UPS and FedEx with signature required. You must be present to receive and sign for the delivery. Upon delivery, you must promptly inspect your shipment for any damaged items and note any issues on the carrier’s provided signature documents. Contact us immediately the same day at the store if any items are damaged. If accepting freight if it is unable to be inspected please write damaged on the delivery slip to allow for future claims if needed.

Larger Items:

We ship larger items and orders via freight carriers with signature required. You must be present to receive and sign for the delivery. Freight drivers leave all shipments at the curb. If you have any concerns or questions regarding your freight shipment, please call us at the store. Please note the following freight delivery requirements: there are weight and size restrictions for all freight shipping. In some locations, based on the trucking company used, they may not have a liftgate available to accommodate the size of the freight. If this occurs, they will contact you, and the items can be picked up at the local terminal. The items will be loaded onto a trailer or truck for you. If shipping the unit, our team will contact you prior to shipping if this is indicated to find alternate means. If the third-party company does not have a way to deliver the unit to a home, it must be picked up, and our company cannot be held liable. All units can be picked up free of charge from any of our locations, and all deliveries and shipments can be delivered to a business with a loading dock or forklift, regardless of size.

Please carefully note the following freight delivery requirements:

– You must be present to receive and sign for the delivery.

– Most freight carriers do not schedule delivery appointments. While some may provide a delivery window, most only offer a tracking number and estimated delivery date.

– Most freight products ship on a pallet.

– Delivery is made via a semi-truck with a lift gate.

– The shipment is left at your curb.

– You are responsible for transporting your shipment up the driveway and into your home.

– For safety, we recommend having at least 2 helpers available for assistance.

– Any re-delivery costs are the responsibility of the purchaser.

– At delivery, immediately inspect your shipment for damage and note any issues on the carrier’s provided documents. Contact us the same day at the store if any items are damaged.

  1. Shipping to Remote Areas

– If you anticipate access issues for delivery, such as entrance gates or narrow roads, please inform us at the time of purchase.

– Additional shipping fees may apply for remote or hard-to-reach areas. We will notify you of any additional fees and allow you to change your delivery address if desired.

– No shipping fee refunds will be issued for undelivered items due to access issues. Delivery companies may charge additional fees if this information is not disclosed, and they will bill us directly. If remote access, farms, or hard access fees occur and are not disclosed, these fees must be paid by the purchaser. If fees are not paid, the warranty will be put on hold, and all fees must be collected by the third-party team. If additional fees for legal action are required, it will be the responsibility of the purchaser to pay for such fees.

– All sales and legal actions are subject to Duval County, Jacksonville, Florida.

– Please contact us and/or submit photos prior to having your unit shipped or delivered. It is required to upload and complete all paperwork and employee packets before your unit ships. Videos and pictures are required.

  1. Incorrect Addresses

If an item is returned as non-deliverable due to an incorrect address, you are responsible for shipping fees both ways and any additional re-delivery fees. Any re-delivery fees and additional charges applied by the carrier due to incorrect information or storage due to lack of contact must be paid prior to delivery.

  1. Non Contact For Delivery

If an appointment is required by the shipping or delivery team, they will contact you by phone to schedule. You must coordinate with the team for delivery. Our company is not responsible for setting appointments, and any fees incurred for lack of contact or inability to reach you due to incorrect information or phone numbers, or if you fail to contact them to set an appointment, will result in storage fees being charged per day. After 30 days, they will transfer the items to a holding warehouse to be destroyed after day 60. You agree to these terms and understand that you must contact the freight company to arrange delivery. We will provide tracking information, phone numbers, and all freight details before the freight leaves our place of business. All tracking information will be sent via email to the email on file from the order.

  1. Shipping Outside the Continental United States

For deliveries to Alaska or Hawaii, kindly reach out to us at the store to request a shipping fee quote. Unfortunately, we do not offer direct shipping to Canada. However, we can ship your order to a US-based freight forwarder of your choice. Please note that you will be responsible for any duties and tariffs associated with shipments to Canada, and it will be your responsibility to coordinate with your chosen freight forwarder for the final delivery. Should you have any inquiries, feel free to contact us at the store.

If you are interested in bulk shipping or wholesale orders, please get in touch with us to discuss shipping arrangements. We can provide quotes for bulk shipments and may offer discounts for larger orders. Our company can arrange shipment directly to a freight forwarder, or we can connect you with our broker for additional freight quotes. Please be aware that all freight charges must be paid directly to the freight company, as we do not handle international shipping ourselves.

6. Damaged Items

At the time of delivery, it is imperative that you promptly open and inspect all of your purchased items for any damage. Regardless of whether you plan to install your product immediately, you must still conduct a thorough inspection for any signs of damage. If any items are found to be damaged, it is crucial to notify the carrier before they depart and contact us immediately the same day at the store. Failure to do so may result in the waiver of your product damage claim. 

All deliveries and shipping companies have insurance coverage arranged by us prior to shipping. In the event of damage, it must be clearly marked on the bill of lading or delivery slip at the time of delivery on the driver’s copy. Please accept delivery, note the damage, and reach out to us for further guidance. We will assist in facilitating the claim process with the carrier or 3rd party company. However, it’s important to understand that this is a third-party company, and our company is not financially responsible for any loss, damage, or issues that occur. We are committed to providing assistance and resolving issues to the best of our ability.

Whether your unit is being delivered locally to one of our stores or shipped cross country, all shipping and deliveries are handled by third-party entities as mentioned above and are subject to the same inspection rules. Never sign for a delivery without inspecting the items thoroughly, as once the driver leaves, your right to file a claim may be waived, and our company cannot be held liable. Please allocate ample time for inspection and do not allow someone else to accept the delivery on your behalf. If shipping to a business, please conduct the inspection yourself, as appointments may not always be required. Feel free to reach out to us with any questions or concerns.

All claims for damaged items are subject to the following mandatory terms and conditions: 

– Damaged items must be reported to the carrier immediately upon delivery by noting any damage on the carrier’s paperwork or bill of lading.

– You must contact us immediately the same day at the store, and the damage must be recorded at the time of delivery.

If damage occurs, do not reject the shipment; instead, accept it, and we will assist with filing a claim with the adjuster. 

At our discretion, we may offer you parts to help fix the unit if needed, subject to cost. You agree that our company is not responsible for paying for damage, although uncommon. Please contact us if any issues arise with your shipment so that we can provide assistance.

When filing a claim, if the damage is not severe, parts and service can be facilitated prior to the claim being accepted or denied. No claim can be filed if damage is not noted. If you choose to keep the item for a discount, you have 3 business days to respond to accept or reject the discount offer from us.

Please retain all packaging, including the box and all items/pieces if something is damaged, so that we can assist with the shipping company’s next steps. Additionally, please take pictures of the damage at the time of delivery. If possible, also take pictures of the packaging and how the unit was delivered or wrapped to aid in the claim process.

If you fail to note a damaged item on the carrier’s paperwork or bill of lading, or if you neglect to contact us immediately the same day, your damaged item claim will not be approved. 

No refunds, discounts, or replacement items will be offered or granted to you. This policy is non-negotiable.

However, we can still sell you a replacement item or replacement parts for repair purposes.

Since no return will be approved, you are free to use the item if it is safe to do so.

We may request pictures of the item to assess any necessary repair parts.

If you choose to finance a unit through one of our third-party companies and opt to have the unit shipped or delivered, please be aware of the following financing terms:

– Payments for the financed unit will commence upon signing the contract. Your payments will start immediately, as the financing agreement does not involve us holding your unit without payment.

– It is your responsibility to make timely payments as required by the financing agreement, as failure to do so may negatively impact your credit score.

– By opting for financing, you acknowledge that you are taking possession of the unit, and you have accepted it from our company. Once in your possession, the unit will be held at a third-party holding facility until it is ready to be shipped to your desired destination. According to financing rules and regulations, possession signifies your ownership of the purchase.

– After signing the financing contract, no returns or exchanges can be offered on any delivery costs associated with the unit. Delivery and shipping costs are to be paid directly to the shipping company handling the transportation of the unit.

7. Financed Items

If you choose to finance a unit through one of our third-party companies and opt to have the unit shipped or delivered, please be aware of the following financing terms:

– Payments for the financed unit will commence upon signing the contract. Your payments will start immediately, as the financing agreement does not involve us holding your unit without payment.

– It is your responsibility to make timely payments as required by the financing agreement, as failure to do so may negatively impact your credit score.

– By opting for financing, you acknowledge that you are taking possession of the unit, and you have accepted it from our company. Once in your possession, the unit will be held at a third-party holding facility until it is ready to be shipped to your desired destination. According to financing rules and regulations, possession signifies your ownership of the purchase.

– After signing the financing contract, no returns or exchanges can be offered on any delivery costs associated with the unit. Delivery and shipping costs are to be paid directly to the shipping company handling the transportation of the unit.

Once a unit leaves our location, the liability for the product and insurance is transferred to the shipping company. If any damage or issues occur during transit, please contact us so we can assist in facilitating a resolution. However, it’s important to note that issues arising with the logistics company should not negatively reflect on our company. Therefore, we kindly request that no negative reviews or comments be made for matters that are beyond our control. It is ultimately the customer’s choice to opt for shipping, and all customers have the right to purchase from the vendor of their choice.

**Chargeback Policy and Consequences:**

  1. **Warranty Suspension**: If you initiate a chargeback or dispute charges for financing, your warranty will be put on hold until the issue is resolved.
  2. **Administrative Fee**: A chargeback or dispute of charges with the bank for any reason will result in a $499 administrative fee added to your account. This fee covers lender fees, the time required to work with the bank, and any fees charged by our bank for the withdrawal of funds.
  3. **Financial Obligations**: Financing through one of our lenders implies agreement to the following terms:

   – If you possess a product and receive a refund from the bank, this does not absolve you from paying for the product.

   – If the bank issues a refund, it indicates their decision to avoid handling the dispute directly. The full balance will then be due within 24 hours via certified funds.

  1. **Late Payment Consequences**:

   – Failure to clear the balance within 24 hours will result in additional fees.

   – If payment is not made within 24 hours to bring the balance to zero, and you still possess the product, a police report for theft may be filed.

  1. **Responsibility for Fees**: You agree to be responsible for any fees incurred due to a chargeback.

**Request for Communication**:

– We understand that accidents and misunderstandings can occur. Please contact our office if you have any questions or need to arrange payment. We are here to assist you and resolve any issues in a satisfactory manner.

This policy ensures that financial transactions and disputes are handled with clear guidelines, protecting both the company’s interests and clarifying the customer’s obligations. If you need further assistance or have any questions, please don’t hesitate to reach out.

Warranty Claims

In the unlikely event that you receive a defective product, please refer to your product’s manual and/or sales order for applicable warranty terms and conditions. The defective item must still be within the manufacturer’s warranty period and coverage terms.

To process your warranty claim, you must first file a claim on our website under resources. But before you do please read the following important items as there is always alot of questions on what is and what is not covered under a warranty.

What Does The Warranty NOT Cover

Our warranty is a national warranty, which means as we have retailers and dealers nationwide you can have a certified hot tub, swim spa, and or outdoor kitchen repair person come to work on your unit. Note that the warranty is for manufacture defects only and if labor is part of the warranty it only covers “BOOK TIME”  for replacing such parts. 

  1. **Diagnosis Fees Excluded**:

   – The warranty does not cover any diagnosis fees. This means if you are unsure about which part is needed to fix an issue, and this uncertainty requires a professional service (either from an independent company or from Outdoor Dream Company itself) to diagnose the problem, the cost of this diagnosis is not covered under the warranty.  . **Definition of Diagnosis Fees**:   – Diagnosis fees refer to the costs incurred when a technician must assess the product to determine the exact cause of an issue and identify the faulty part that needs replacement.

. **Labor Coverage**:   – The warranty covers only the labor associated with replacing a defective part, not the labor involved in diagnosing the problem. Labor is billed at a rate of $225.00 per hour for any Diag work.

. **Customer Participation**:   – Customers are encouraged to help identify the defective part needed for a warranty claim or assist in returning parts to the company for a replacement. However, the standard warranty does not cover any costs associated with a service company if you are unsure of the necessary parts.

2 **Service Calls Not Covered by Warranty**: The warranty does not include the costs associated with service calls. If a service call is necessary, the costs are borne by the customer.

. **Service Call Fee**:

   – If a service call is required by Outdoor Dream Company, there is a fee of $175. This fee covers up to 30 minutes of labor, which can include diagnostic work.

. **Additional Labor Costs**:

   – If the service extends beyond the initial 30 minutes, additional labor is billed at a rate of $225 per hour. Payment for any labor exceeding the first 30 minutes must be collected before the service technician begins the additional work. These terms outline the financial responsibility of the customer concerning service calls, including initial charges and rates for extended labor. If you have any questions or need further clarification on these service terms, feel free to ask.

. **Service Call Radius**: The warranty covers service calls within a 35-mile radius. This is the maximum distance included in the standard service call fee.

. **Additional Mileage Costs**:

   – For service calls that exceed the 35-mile radius, additional charges apply.

   – As of April 23, 2024, the cost per extra mile is between $2.25 and $3.50. This rate varies depending on external factors, which could include fuel prices, travel conditions, and other logistical considerations.

These terms specify the conditions under which additional mileage costs are incurred and the financial responsibilities of customers requiring service beyond the standard coverage area. If you need more details or have specific questions about these terms, feel free to ask!

  1. **Return of Defective Parts Required**:

   – For a warranty claim to be processed and a replacement part to be issued, the defective part must be returned to your facility. This return is mandatory before a new part can be sent out.

**Shipping Costs for Returns**:

   – The customer is responsible for any shipping, freight, or logistics fees incurred in returning the defective part to your facility and Shipping of Replacement Parts – Although the replacement part itself is covered under the warranty, the costs associated with shipping the replacement part back to the customer are not included in the warranty. The customer must bear these shipping fees. These conditions clearly outline that while the warranty covers the replacement part, it does not cover any shipping costs, either for returning the defective part or for sending the replacement part to the customer. If you need additional clarification or have other questions regarding the warranty terms, please let me know!

Key Points on Warranty Coverage:

  1. **Separate Warranties**: Any products that have separate warranties issued by their respective manufacturers are not covered under the warranty services provided by Outdoor Dream Company, its dealers, or franchises.
  2. **Manufacturer-Specific Warranties**: Products from brands like Blaze, Summerset, and other components that carry their own warranties must be addressed directly through the respective companies.
  3. **Excluded Products**:

   – Items such as lights, sound systems, refrigerators, wine coolers, griddles, and some grills, which are not manufactured by Outdoor Dream Company, are not covered under their warranty.

   – The warranty provided by Outdoor Dream Company only covers products and labor for items they manufacture.

  1. **Customer Responsibility**:

   – When purchasing products that carry their own manufacturer warranties from Outdoor Dream Company or any of its sister companies, customers must manage any warranty claims directly with the actual manufacturers.

   – Customers are advised to consult with their salesperson for a detailed breakdown of which appliances and components are not covered under Outdoor Dream Company’s business.

  1. **Agreement to Terms**:

   – By purchasing from Outdoor Dream Company or any related entities, customers agree to these terms, acknowledging that some items will require direct interaction with the original manufacturers for warranty service.

This clarification helps ensure that customers are aware of which products are covered by Outdoor Dream Company’s warranty and which must be addressed through separate manufacturer warranties. If you have further questions or need additional details, feel free to ask!

Example 1 Scenario:

**Situation**: A customer’s hot tub or swim spa has a malfunctioning part, but the customer is unsure which part it is and declines remote diagnostic help or troubleshooting over the phone to attempt to fix as the consumer..

**Resolution Process**:

  1. **Service Call Requirement**: The customer must pay for a service call or diagnostic visit to identify the defective part. This cost is the responsibility of the customer.
  2. **Warranty Assessment**: If the technician determines during the visit that the faulty part is covered under warranty, they will consult the “book time” (the standard industry time allocated to replace that specific part).
  3. **Compensation**: If the part is under warranty, the labor cost associated with the book time for replacing the part will be compensated or deducted from the service bill.

This example highlights the importance of customer cooperation with diagnostic processes and clarifies that while the warranty may cover the replacement of the part and its associated labor (as per book time), it does not cover the initial diagnostic charges unless the part is confirmed to be defective and covered by the warranty. 

Example 2 – Jet Replacement Scenario:

**Situation**: A customer’s jet in a hot tub breaks after several years of use.

**Resolution Process**:

  1. **Claim Filing and Part Return**: The customer identifies the broken jet, files a warranty claim, and returns the jet to the company.
  2. **Shipping Costs**: The customer is responsible for the shipping costs associated with sending the broken jet back.
  3. **Replacement**: Once the broken jet is received and the claim is processed, the company sends a new jet to the customer. The customer again covers any shipping costs for the delivery of the new jet.

Example 3 – Motor Replacement Scenario:

**Situation**: A customer’s pump motor stops working, and a certified technician diagnoses the motor as faulty.

**Resolution Process**:

  1. **Technician’s Diagnosis**: The technician confirms that the pump motor is defective and not just a result of normal wear and tear.
  2. **Claim Filing and Part Return**: The customer files a warranty claim and returns the faulty motor to the company.
  3. **Shipping Costs**: The customer pays for the shipping of the faulty motor back to the company.
  4. **Replacement and Labor Compensation**: The company sends out a new motor after receiving the faulty one and verifies the warranty claim. The customer pays for the shipping of the new motor. Additionally, the labor costs, as defined by the book time necessary to replace the motor, are also compensated to the customer, typically in the form of a reimbursement or a credit.

What Does The Warranty Cover

Outdoor Dream Company warrants that our products will be free from defects in materials and workmanship for the term set forth exclusively in this warranty. Accessories purchased from Outdoor Dream Company or a Outdoor Dream Company authorized dealer and added to the spa after manufacture of the spa are not covered under this warranty but may have other warranties. Refer to owner’s manual for proper use, maintenance and installation of your spa. The Limited Warranty is made only to the original purchaser of the spa and is not transferable.

Hot Tubs 

20-YEAR Frame – The reinforced metal frame is warranted for 20 years. Normal conditions only, those structures near salt water are not included with this warranty. Weathering such as surface rust, corrosion or discoloration is not a warranty item.

10-YEAR STRUCTURE – The reinforced metal structure is warranted for 10 years not to leak. Fittings and attachments are not included. Extended warranty available – Contact store for more details.

7-YEAR Surface – The acrylic surface is warranted for seven years against blisters, cracks and delamination. The use of a non-Outdoor Dream Company® ™ cover will void this warranty. Improper use of chemicals will also void the warranty. Proper chemical levels are required to be maintained at all times.

5-YEAR Plumbing – Plumbing and fittings are warranted against water loss for five years. Warranty coverage does not include gaskets or seals. . Labor warranty of 3 years on plumbing if not gasket or seal-related

5-YEAR Equipment – Electronic equipment is warranted against defects in materials and workmanship for five years. Equipment includes PC boards, pumps, control panels, heater and heat sensors. Service items such as capacitors are not covered under warranty and is a service item.. Lights, Audio system & aftermarket electronics and associated components have a separate warranty.

5-YEAR Exterior– The synthetic skirt and DuraBase™ exterior are warranted against cracking and peeling for five years

2-YEAR Components– The ozonator is warranted against defects in material and workmanship for two years.

1-YEAR Parts – LED lights, valves, spa cover, jet inserts, in-line sanitation system and overlays are covered for one year. These parts do not qualify for labor coverage under this warranty. Fuses, filter, filter lid, cushioned headrests, chemical cartridge holders and other items not specifically mentioned in this warranty are warranted to be free from defects in materials and workmanship at time of delivery. These parts do not qualify for labor coverage under this warranty. The audio and audio components have a one-year warranty and include parts and labor.

 **Coverage of Defects Only**: The warranty covers only manufacturing defects in the product. It does not cover any damage or issues arising from misuse, accidents, or external factors.

You must cooperate with us in attempting to troubleshoot the issue to verify that a defect actually exists. Once your claim is reviewed, we will either approve or reject it. If approved, the warranty process will begin, and service, parts, repair, or any combination of those as needed will be provided in accordance with the warranty terms and conditions.

Labor costs are not included in troubleshooting appliances, electrical items, or items that do not exhibit a clear defect. Each item has a different warranty, so please refer to our downloads and warranty page for specific warranty terms. Some items come with a manufacturer’s warranty, while larger items may need to be warrantied through the company that manufactures or distributes the part. If a warranty item needs fixing or changing and is not an item we manufacture, all warranties and policies are subject to that company’s warranty, and the claim must be filed directly with that brand.

All claims must be filed online and approved prior to shipping parts back to our location. Customers are responsible for any additional shipping charges if shipping parts are required. If a part is shipped under warranty, shipping costs are never included. However, if we are warranting a defective part or going above and beyond to assist with a non-warranty part, shipping must be paid prior to shipment. Unless otherwise noted in writing, all defective parts must be sent back to us for compensation from the factory before new parts can be shipped out.

If your item has a defect outside of the warranty period or coverage terms:

Your warranty claim will not be approved. No refunds, discounts, or replacement items will be offered or granted.We can only offer you a replacement item or parts for repair. Please contact us for pricing and availability. Please note that replacement items or parts may not be available for discontinued items. For a complete list of coverages and who handles warranties, please refer to our warranty page.

 **Labor Compensation**:

   – If labor is covered under the warranty, compensation is limited to the “book time” required to replace the defective part, which means the standard labor time typically expected for that job.

   – If the part is easy to install and does not require a service technician, no labor costs will be compensated.

**Choice of Service Provider**: The customer has the freedom to choose any service provider for warranty repairs. However, reimbursement by Outdoor Dream Company is contingent upon the approval of the warranty claim and confirmation that the part replaced is covered under the warranty.

**Reimbursements**:

   – Outdoor Dream Company will reimburse the customer only after a claim is approved.

   – Reimbursement will only be for the part that is defective.

   – If a company charges a diagnostic fee, Outdoor Dream Company will not reimburse this fee; reimbursement will cover only the defective part.

8. Customer Safety & Security

At our business, safeguarding your personal information is of paramount importance. We have implemented stringent measures to ensure the security and confidentiality of all data entrusted to us. All financing applications are securely stored under lock and key, accessible only to authorized personnel involved in processing these applications.

Moreover, our website and all data transmitted through it are protected with strict SSL encryption and the highest level of security protocols. This ensures that any information you provide online remains confidential and inaccessible to unauthorized parties.

We prioritize your security and privacy above all else. Rest assured that your personal information will never be sold or shared with any third party for any reason. We understand the sensitivity of your data and are committed to maintaining the highest standards of privacy protection.

9. Privacy Policy

Effective Date: This privacy policy has been updated as of Jan 1 2024

This Privacy Policy outlines how Outdoor Dream Company collects, utilizes, and shares information obtained both offline and through our Sites, applications, mobile features, and any other features or services owned or controlled by PGI that provide a link to this Privacy Policy (referred to individually as a “Service” and collectively as the “Services”). It also explains your options concerning that information.

Please review this Privacy Policy carefully. By accessing or using the Services, you acknowledge and agree to abide by this Privacy Policy and the Terms of Service, which are incorporated herein by reference.

**A. Information Collection**

– **Direct Collection**: We collect information directly from users when they interact with our Services. This includes personal information such as contact details (name, address, email), preferences, demographics, transaction details, and content provided during customer service interactions.

– **Chat Boxes**: Participation in our Chat feature allows us to record and utilize communications for assistance, product improvement, and marketing purposes. Users who do not consent to this should refrain from using the chat assistance feature.

– **Automatic Collection**: When users engage with our Services, we and our partners may automatically collect Usage Information. This includes non-identifying data like IP addresses, device identifiers, browsing activities, and other device-related information. We use Tracking Technologies like cookies, web beacons, and embedded scripts to gather such data.

– **Information from Third Parties**: We may receive additional information about users from third-party sources, including data providers, publicly available information, and integrated third-party platforms such as social media.

**B. Use of Information**

– **Service Provision**: Personal and non-personal information is utilized to provide Services, customize content, fulfill orders, and facilitate user interactions.

– **Marketing and Communication**: We may use collected data to offer product information, special promotions, and advertisements that may be of interest to users.

– **Improvement and Analysis**: Information is employed to enhance Services, analyze usage patterns, and optimize user experience.

– **Compliance and Legal**: Data may be used to comply with legal obligations, respond to legal requests, and protect against fraudulent or unlawful activities.

**C. Sharing of Information**

– **Publicly Posted Content**: Information posted publicly or shared at user discretion may be visible to others. We do not share personal information for third-party marketing purposes without user consent.

– **Business Partners and Affiliates**: Information may be shared with partners, affiliates, and service providers for business purposes.

– **Service Providers**: Certain companies are contracted to perform services on our behalf, necessitating the sharing of user information.

– **Sweepstakes and Contests**: Participation in promotions may require sharing personal data as outlined in promotion rules.

**D. Third-Party Advertising and Analytics**

– We collaborate with third-party partners for online advertising, analytics, and related services. These partners may use tracking technologies and receive user data for targeted advertising purposes.

– Users have the option to opt-out of targeted advertising through provided mechanisms.

**E. “Do Not Track” and Global Privacy Control Signals**

– Users can configure their browsers to transmit “Do Not Track” signals to Sites and online services. Additionally, Global Privacy Control provides a mechanism to communicate privacy preferences.

**F. Third-Party Content, Applications, and Links**

– This Privacy Policy does not cover third-party services linked from or to our Services. Users are encouraged to review the privacy policies of such third-party platforms.

**G. User Control Over Information**

– Users may update their information through account settings and opt-out of marketing communications via provided mechanisms.

**H. Security**

– While security measures are implemented, no system is entirely immune to breaches. Users are advised to take precautions to protect personal information.

**I. General Audience Services**

– The Services are not intended for users under 18 years of age.

**J. Changes to Privacy Policy**

– We reserve the right to update this Privacy Policy, with notice provided to users.

**K. Consent to International Transfer**

– By using the Services, users consent to the transfer and processing of their information in the United States and other jurisdictions.

**L. Data Retention**

– Information is retained as long as necessary for service provision, legal compliance, and business purposes.

**M. Contact Information**

– Users can reach out with questions or concerns about the Privacy Policy or practices.

**N. Notice to California Residents**

– Refer to the provided link for additional information relevant to California residents.

**O. Notice to Nevada Residents**

– Procedures for opting out of information sales are outlined for Nevada residents.

**P. Notice to Virginia Residents**

– Virginia residents can exercise rights under the Virginia Consumer Data Protection Act as detailed.

**Q. Additional Information for Canadian Residents**

– Canadian residents have specific rights regarding their personal information, including access and withdrawal of consent.

– Instructions for submitting requests or complaints are provided, along with information on Canadian privacy laws.

– The Privacy Policy is offered in English, and users acknowledge their preference for English documents.

Retail store have the use of cameras for safely reasons, by visiting any of our locations you agree to be recorded.

This outline organizes the Privacy Policy into distinct sections for ease of understanding and reference. Each section is labeled alphabetically and covers specific aspects of information collection, use, sharing, user control, security, and legal notices relevant to different user groups and jurisdictions.

10. Sales/Use Tax

If you purchase products from Outdoor Dream Company and have them shipped to locations within the USA, including territories, you may be subject to sales/use tax. To avoid this tax, you must provide a resale certificate prior to delivery or be a qualified tax-exempt entity holding a valid sales tax or prescription/tax certificate.

For hot tubs and swim spas, a doctor’s prescription must be completed and submitted before shipping. If the prescription is not received within 7 days after purchase, sales tax will be added to your customer file and will be due immediately. No products can be shipped without the balance of sales tax being paid. No products will be scheduled without a tax certificate in place.

Below is a non-exhaustive list of states where Outdoor Dream Company is required to collect and remit sales/use tax:

Alabama, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. 

This paragraph provides a comprehensive list of states where Outdoor Dream Company is required to collect and remit sales/use tax.

This notice provides clear guidance on the sales/use tax requirements for purchases from Outdoor Dream Company, including the necessity of providing relevant certificates and prescriptions for certain products. It also highlights the consequences of not meeting these requirements within the specified timeframe.

**How Sales/Use Tax is Calculated**

The amount of tax charged on your order is determined by several factors, including the purchase price and the shipment or delivery address of your order. These factors may change between the time you place an order and when it is fulfilled. Consequently, the tax calculated on your order may also change.

The tax rate applied to your order is the combined state and local rates of the address where your order is delivered to or fulfilled from. For instance, if you reside in a state that does not impose a sales tax, you may still observe tax calculated on your order if it’s shipped to another state.

11. Text Messaging Terms & Conditions

The company offers recurring and occasional one-time or limited-duration text messaging programs. These Text Messaging Terms and Conditions (“Text Terms”) govern these text message programs.

By signing up to participate in our text messaging programs, you agree to these Text Terms, our Privacy Policy, and our Terms of Service. If there is any inconsistency, the Text Terms in this Section will apply to our text messaging programs.

A description of the specific program you are signing up for, including whether it is recurring or one-time or limited duration, will be provided with the sign-up information. If you opt-in to a text message program, the company will provide transactional information and/or marketing text messages. Our text message programs may include: shipment status details about packages for which you request shipment status notifications, customer service-related texts, special offers, alerts, rewards, deals, updates, reminders, and other transactional and/or marketing texts and information (e.g. about price drops, low inventory, or new product releases/launches) from the company. We may send reminders based on your activity on our Sites or app, such as abandoned cart reminders, browse abandonment (e.g., information and alerts based on the merchandise you viewed on our Sites), and post-purchase follow-ups (e.g., offers related to original purchase, product recommendations based on previous purchases, survey or sweepstakes opportunities), which may be based on our use of cookies or other tracking technologies when you view content while logged onto your account. You may choose to sign up for other text messaging programs, for example regarding specific programs or events. Messages may be in SMS, MMS or RCS format. Message frequency may vary. The company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Text messages may be sent using an automatic telephone dialing system, or artificial or pre-recorded voice. Your consent to receive such messages is not required as a condition of purchasing any goods or services. Message and data rates may apply.

The company may transition from one short code or telephone number to another, and you consent to receive messages from the new short code or number. By signing up on our website using a form, lead, contact request and or chatbot will enter you into text messages. 

To opt-in to receive text messages from the company’s text messaging program, please follow the instructions provided, which may include texting a message to a short code, providing your phone number online at our Sites, or by otherwise providing your consent. You may need to confirm your consent such as by replying Y or through another designated response to an initial text message sent to you.

To stop receiving text messages from a specific text messaging program, text STOP to the five-digit short code or telephone number for the program from which you no longer wish to receive messages. You may receive one final text message confirming that you have opted-out.

To enroll in the text messaging programs, you must be the mobile account holder, a resident of the United States, and 18 years of age or older. If you change your mobile phone number, you agree to promptly notify the company.

If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services (e.g., pre-paid users may not be able to participate). Check with your carrier to confirm. The company and mobile carriers are not responsible or liable for any undue delays, failure of delivery, or errors in messages. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas.

To request more information, you may contact the company at the store. Our main location is located in Jacksonville Florida at 7720 Philips Highway Jacksonville Florida 32256

The company may revise, modify, or amend these Text Terms at any time. Any such revision, modification, or amendment shall take effect when it is posted to the company’s Sites. You agree to review these Text Terms periodically to ensure that you are aware of any changes. Your continued consent to receive text messages from the company will indicate your acceptance of those changes. We may also notify you by other means, such as sending a text message to the number you used to sign-up for our text message program(s).

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12. Product Care Responsibilities

Upon purchasing our products, you are entering into an agreement to uphold the following product care obligations, as outlined comprehensively in this warranty packet:

1. **Stainless Steel Polish:** Ensuring the proper maintenance and regular polishing of stainless steel surfaces is imperative not only for aesthetic reasons but also to mitigate the risk of corrosion. It is strongly advised to meticulously clean your grill after each use to prevent the accumulation of food particles and grease, which can gradually corrode stainless steel components over time.

  1. **Hard Surface Cleaner:** Should you encounter any issues such as surface rust, oxidation, corrosion, grime, mineral deposits, discoloration, or staining on your stainless steel components, it is recommended to address these promptly using an industrial-strength cleaner along with a non-abrasive microfiber towel or pad. It’s important to note that issues such as surface rust, oxidation, or cosmetic imperfections are not covered under warranty, underscoring the significance of regular care and maintenance.
  1. **BBQ Grill Cleaner:** Proper cleaning of the interior surfaces of your grill is essential for its ongoing care and maintenance. Utilize a specialized cleaner formulated to effectively remove grease and food debris, thereby reducing the risk of grease fires and corrosion within the grill’s interior surfaces.
  1. **Exterior Surface Cleaner:** The stucco finish adorning the exterior siding of your Outdoor Kitchen’s base unit not only enhances its visual appeal but also contributes to its durability and weather resistance. To preserve these qualities, it is recommended to employ a non-abrasive general surface cleaner to remove any scuff marks or staining that may accumulate over time.
  1. **Proper Gas Regulator:** To ensure the safe and efficient operation of each grill, griddle, or side burner configured for liquid propane (LP) gas supply, it is imperative to acquire and install an LP gas regulator set specifically calibrated for eleven (11) inches water column pressure. Similarly, adherence to the prescribed guidelines for natural gas (NG) supply configurations is paramount, with due diligence required in consulting a licensed technician to oversee the installation and conversion process for optimal safety and compliance. 
  1. **Outdoor Rated Electric Cord Extensions:** Facilitating the seamless integration of your Outdoor Kitchen’s base unit with your existing electrical infrastructure necessitates the use of a three-pronged 12-gauge outdoor rated extension cord, ensuring both reliability and safety in electrical connectivity.
  1. **Rear Infrared Burner and Warming Rack:** The effective operation of the rear infrared burner, a key feature of your Outdoor Kitchen, is contingent upon its proper utilization. Use the designated control knob to activate the rear burner, bearing in mind to remove the warming rack beforehand to prevent potential damage or warping, thereby preserving the integrity of both components and upholding warranty coverage.
  1. **Grill Covers:** To safeguard your investment against the elements and prolong its lifespan, consider investing in our custom-fit grill covers tailored to fit GS/GSL-Grill, HSL-Hibachi, and/or CSL-Cocktail Station models, available for separate purchase.

9.Here’s a clarified explanation of the correct chemical usage for your hot tub or swim spa to ensure warranty compliance:

**Guidelines for Chemical Use:**

 **Manufacturer Requirements**: Always adhere to the manufacturer’s specifications for chemical use in your hot tub or swim spa. Using the correct amounts of pH adjusters (pH up, pH down), chlorine, and other necessary chemicals is crucial.

 **Warranty Implications**: Improper use or incorrect amounts of chemicals can void your warranty. It is essential to follow the manufacturer’s guidelines carefully to avoid any damage that could lead to warranty issues.

**Chemical Testing and Advice**:

   – For accurate water testing and advice on chemical use, consult with any Pinch A Penny store. They offer professional water testing services that can help you maintain the appropriate chemical balance in your water.

   – Refer to your product handbook for detailed instructions on how to test and treat your water properly.

By following these guidelines, you will help ensure that your hot tub or swim spa remains in good working condition and that your warranty remains valid. If you have any questions about your specific model or need further assistance with chemical management, feel free to consult with a professional or contact the manufacturer directly.

  1. **Permits:** It is incumbent upon you to acquaint yourself with and adhere to all pertinent state and local regulations, ordinances, building codes, as well as any rules stipulated by Homeowner’s Associations or Condo Associations pertaining to permitting requirements for product installation or placement, gas connections, electrical connections, water/sewer connections, or property-line setbacks. Please note that any failure to comply with these regulations may result in voiding of warranties.
  1. Here’s a guideline tailored for customers located near the ocean or in areas with salt water exposure, focusing on preventive service for metal surfaces and warranty information:

**Preventive Service for Metal Surfaces:**

 **Understanding Metal Types**:

   – Before making a purchase, it’s crucial to understand the type of metal used in any product. Products may feature different types of metal, such as galvanized steel or stainless steel. The choice of metal should be suitable for your local environment, particularly in saltwater areas.

 **Protective Measures**:

   – To safeguard metal surfaces from corrosion caused by salt water, it is recommended to regularly apply a protective spray. This helps create a barrier against the harsh saline environment and prolongs the life of the metal.

 **Warranty Exclusions**:

   – It’s important to note that the warranty does not cover damage resulting from harsh weather conditions, including deterioration caused by salt water exposure. This emphasizes the need for regular maintenance and protective measures.

 **Consulting a Specialist**:

   – For optimal care of your product, consult with a specialist who can provide advice and recommendations on the best protective practices and products for metal surfaces in saltwater environments.

By following these guidelines, customers can better manage the maintenance of metal surfaces in challenging environments and understand the limitations of warranty coverage. If you have further questions or need more detailed advice, seeking professional consultation is highly advised.

. **Protect Your Investment:** Recognizing that stainless steel appliances necessitate ongoing care and attention to maintain their pristine condition and operational efficiency, we implore you to diligently follow the instructions provided in this Product Care section. By doing so, you can ensure years of enjoyment and satisfaction with your Outdoor Kitchen and associated components.

Defective

In the rare instance that you receive a defective product, most of the manufacturers we carry have great processes to assists so you should check your manual for details.

If you are advised to contact us, our knowledgeable Support team will guide you through the manufacturer’s warranty process. Please be aware of the following information we need and how the process normally proceeds:

  • The defective item must still be within the manufacturer’s warranty period.
  • You will need to supply any serial numbers, a description of issue, and any pictures or video depicting the issue.
  • Outdoor Dream Company are the experts, so we will attempt to troubleshoot with you to verify that it is a defect.
  • We report this to the manufacturer to begin the claim.
  • The manufacturer will review the claim, then they will approve or reject it.
  • The time for the manufacturer to respond may vary depending on the manufacturer’s internal processes.
  • If approved, the warranty process begins and service, parts, repair or any combination of those as needed will be provided in accordance with the manufacturer’s warranty.
  • Some parts or items may need to be returned to the manufacturer for quality control. We will advise you of this.
  • Outdoor Dream Company is not responsible for reimbursement of any labor costs or project delays that may occur due to the receipt of defective goods. We recommend that you wait to schedule installation until after your order has arrived and items have been fully inspected.
    • All shipments should be opened and inspected within 24 hours of delivery in accordance with our Delivery Inspection policy. It is recommended that you check for visible defect at this time as well as damage to prevent any delays with getting to use your item(s).

If your item has a defect outside of the warranty period:

  • We will not be able to facilitate a claim to the manufacturer.
  • Any replacement parts or whole units at this point can be purchased by you through Outdoor Dream Company. Contact us for pricing and availability.
  • Parts or whole replacement units may not be available for discontinued items.

13. GOVERNING LAW, VENUE, LIMITATIONS

These Terms & Conditions shall be governed exclusively by the laws of the State of Florida, excluding any choice of law rules that may direct the application of laws from another state. The mandatory and exclusive venue for any litigation or dispute arising from or related to your purchases from PGI shall be in Jacksonville, Duval County, Florida, to the exclusion of all other possible venues. You and PGI agree that: (i) any claims arising from or related to your purchased products must be filed in your individual capacities only, and not as a plaintiff or class member in any class, collective, representative, or consolidated action; and (ii) both parties waive the right to claim or recover any types of damages, including incidental, indirect, special, reliance, general, ordinary, nominal, pain and suffering, exemplary, punitive, or consequential damages.

PGI’s maximum liability to you for any claims arising from or related to your purchase (including, but not limited to, negligence, gross negligence, breach of contract, breach of warranty, statutory liability, regulatory liability, strict liability, third-party liability, or any other legal theory) shall not exceed the total amount paid by you to PGI for the purchased items. This cap includes all potential damages, attorneys’ fees, and court costs. Should any term or condition of this Agreement be determined unenforceable by a court of competent jurisdiction, all remaining terms and conditions will continue in full legal force and effect.”

This version specifically mentions Jacksonville and Duval County to clarify the exact jurisdiction and venue for legal disputes, ensuring that both parties understand the local legal framework that governs their transaction.

14. Waiver of Jury Trial

You and PGI explicitly and intentionally waive any right to a jury trial in connection with any litigation arising from or related to your purchases from PGI

15. Availability of Products and Services

Delays beyond our control, including acts of God, do not provide grounds for cancellation. Product availability on our Sites is subject to change without notice. While we strive to keep product displays up-to-date, some items may only be available online and while supplies last.

We have endeavored to accurately display product images on our Sites; however, the actual color and detail may vary on your device, and we cannot guarantee that your monitor’s display will accurately reflect every product.

We reserve the right, at our discretion, to limit the sales of our products or services to any person, geographic area, or jurisdiction and may do so on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. All product descriptions may be changed at any time without notice, at our discretion. We also reserve the right to discontinue any product at any time. Any offer for any product or service made on our Sites is void where prohibited.

The full functionality of certain products and services, including remote access and mobile notifications, depends on the transmission of data through your Wi-Fi network, an enabled wireless device (such as a phone or tablet), Internet access, and the use of a device with compatible software. The performance of our Sites and our products and services may be affected by the functionality of your device, which is your responsibility to maintain and ensure compatibility. You are also responsible for all charges associated with Internet access. We recommend checking with your Internet service provider for potential data usage charges. Here’s a revised version of your statement:

Products such as hot tubs, swim spas, outdoor kitchens, and grills are all manufactured in-house. However, some products like countertops, quartz, and other materials that require installation and fabrication in Jacksonville, Florida, may sometimes experience delays.

16. Miscellaneous

The failure of either party to insist on strict performance of any provision of these Terms & Conditions or to exercise any right under them shall not constitute a waiver of that provision or right. All provisions and rights will remain in full force and effect despite any failure to enforce them. Neither consistent conduct between the parties nor trade practices shall modify these Terms & Conditions.

Section titles within these Terms are provided merely for convenience and have no legal or contractual significance.

Outdoor Dream Company may assign its rights and duties under these Terms & Conditions to any other entity at any time without notice to you. Upon such an assignment, we may be relieved from any further obligation herein. You may not assign these Terms & Conditions without the prior written consent of Outdoor Dream Company, and any attempt to do so without consent is void.

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the party drafting them.

Certain provisions are intended to survive the termination of these Terms & Conditions, and will do so for any reason, including, but not limited to, the Privacy Policy; Governing Law, Venue and Limitations; and Waiver of Jury Trial.

Communication between you and Outdoor Dream Company will occur through electronic means. You (1) consent to receive communications from us in an electronic format; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide electronically meet any legal requirement that such communications would satisfy if they were in a written format. Your statutory rights are not affected.

Outdoor Dream Company will not be held liable for delays or failures in performance resulting from causes beyond its reasonable control, including, but not limited to, acts of God.

These Terms & Conditions represent the entire agreement between you and Outdoor Dream Company regarding the subject matter herein and supersede all prior discussions, agreements, and understandings of any kind.”

 This version clarifies and formalizes the operational and legal relationship between Outdoor Dream Company and its customers, emphasizing the enforceability of the terms under Florida law, particularly for operations in Jacksonville.

17. Contact Us

If you have any questions, comments, or concerns about our Privacy Policy and practices, please reach out to us via email at: [email protected]. We use the information you provide to directly address your inquiries or feedback. Your comments may be recorded and shared with our consumer care team to enhance our services in the future. If you still have questions or concerns about our privacy practices after contacting us, please write to:

Outdoor Dream Company  

7720 Philips Highway  

Jacksonville, Florida 32256  

Website: www.outdoordreamcompany.com  

For general inquiries, please email us at: [email protected]

Hot Tubs

Premier Backyard Grill Island Bar Outdoor Dreams Kitchen Oasis Hot Tub Swim Spa Luxury Living Jacksonville Florida USA

Swim Spas

Premier Backyard Grill Island Bar Outdoor Dreams Kitchen Oasis Hot Tub Swim Spa Luxury Living Jacksonville Florida USA

Outdoor Kitchens

Premier Backyard Grill Island Bar Outdoor Dreams Kitchen Oasis Hot Tub Swim Spa Luxury Living Jacksonville Florida USA

Outdoor Furniture

Premier Backyard Grill Island Bar Outdoor Dreams Kitchen Oasis Hot Tub Swim Spa Luxury Living Jacksonville Florida USA

Countertops

Premier Backyard Grill Island Bar Outdoor Dreams Kitchen Oasis Hot Tub Swim Spa Luxury Living Jacksonville Florida USA