These terms and conditions (Agreement) apply to the purchase of any and all products sold by Islands in the Sun BBQ, Inc. 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 BBQ ISLAND, INC. CUSTOMER ACCEPTS THESE TERMS AND CONDITIONS OF SALES BY MAKING A PURCHASE, PLACING AN ORDER EITHER VIA TELEPHONE SHOWROOM, HOMESHOW AND INTERNET SALES.
1. 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 islands in the Sun BBQ, Inc, and the customer.
2. Payment Terms. Orders & Quotes. Payment terms are within Islands in the Sun BBQ, Inc’s., sole discretion, and unless otherwise agreed upon by Islands in the Sun BBQ, Inc, 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 either credit card or cashier’s checks only. If we do not receive the payment for check orders within 2 weeks from your order date, the order will be cancelled by Islands in the Sun BBQ, Inc. 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. Islands in the Sun BBQ, Inc, is not responsible for pricing, typographical or other errors, in any offer and Islands in the Sun BBQ, Inc, reserves the right to cancel any orders resulting from such errors. Any Telephone order that is placed with a request to ship on a specific date of more than 5 days from the date of order will be required to place a 20% non refundable deposit on the day the order is placed in order to hold that product for the specified ship date. Online orders are unable to specify a specific ship date.
3. 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. Islands in the Sun BBQ, Inc,offers three types of shipping options. (1) Will Call at one of our shipping terminals, which is the most cost effective way to accept delivery. (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. This option is the most expensive due to the fact that the carrier must arrange for a specific delivery date and time. 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. Most orders received before 3:00PM MST will ship the same day, provided the product ordered is in stock. Most orders received after 3:00 PM will ship the next business day. Orders are not processed or shipped on Saturday, Sunday or holidays.We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Islands in the Sun BBQ, Inc. or other parties only as an estimate
4. Free Shipping: Free shipping only applies to orders made through the web site at http://islandsinthesunbbq.com This offer is not valid on in store purchases. This offer is not valid on orders from Alaska, Hawaii or outside of the US.
5. 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 BBQ Island, Inc. of any discrepancies within 24 hours from receipt of the shipment. Failure to do so will hold Islands in the Sun BBQ, Inc.. harmless of any claims.
6. 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 damaged has occurred the merchandise should be refused upon original delivery attempt. Please save any damaged product, and the original box and packaging and notify Islands in the Sun BBQ, Inc., within 24 hours of receipt of your shipment. We will send (at our discretion, should the parts exceed our internal formulas we reserve the right to have you repackage the product and ship it back to us.) any parts required for documented freight damage. 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.
7. Return Policy. If you are unsatisfied with your purchase you may return the item(s) in original re-saleable condition, in the original unopened packaging for a refund within 30 days of the original purchase date. You will be credited (less a 30% restocking fee and all shipping charges incurred) upon arrival, and inspection of the item(s) at our warehouse. The shipping charges to return the item(s) to us will be the purchaser’s responsibility. Please contact us for a return authorization number prior to the return. Any items returned without prior authorization may be refused and returned to the purchaser at their expense. “Discontinued” and or “Dent and Scratch” items are exempt for our Return Policies; they are a final sales item and are not returnable. All items returned must be in a saleable condition. Merchandise must be in its original box. Merchandise must be unused. All merchandise not meeting the above criteria will be refused or returned to the customer at the customers own expense.
8. Warranty. If it is determined that repair is necessary, we will ship any required replacement parts to you. All parts are sent via Fed Ex Ground with an option for the consumer to pay for an express shipping method. The purchaser is responsible for return of any defective part(s) to Islands in the Sun BBQ, Inc. In order to ensure the return of defective parts, replacement part(s) will be charged to you and reimbursed upon the return of the defective part(s). A Labor reimbursement fee may be paid to you based on the manufacturers’ rate schedule for that specific repair.
9. Liabilities. Due to the fact that Islands in the Sun BBQ, Inc 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 purchased from us. We shall not be responsible for any amount other than that of the original purchase price of the product in question.
10. Cancellations. Once your order has been processed we are unable to accept cancellations. If you order is on back order and has not been shipped you may contact us at 1-888-556-8121 and request cancellation, special restrictions may apply for special order items.
11. Governing Law. THESE TERMS AND CONDITIONS OF SALE AND ANY FURTHER SALES WILL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA , WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
12. 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. Islands in the Sun BBQ, Inc is authorized by all it’s manufacturers to convert the fuel type of any product and Islands in the Sun BBQ, Inc may substitute a specific model number and convert the fuel type in order to fulfill the order, based on inventory needs.
13. Dispute Resolution/Arbitration. The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against , Islands in the Sun BBQ, Inc its agents, employees, successors, assigns or affiliates arising out of or relating to this Agreements, Islands in the Sun BBQ, Inc 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 Phoenix, Arizona 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.
14. Price Matching. We will match or beat any licensed dealers pricing so long as the dealer has the product in question in stock and the price is advertised on their web site. To qualify for price matching you must submit a valid URL that has the price in question displayed.
15. 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., Copyright © 2011, 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.
16. 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.
17. 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.
18. 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. BBQ Island, Inc. 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.
19. Other Conditions. These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Islands in the Sun BBQ, Inc. signs them or not. We reserve the right to make changes to this site and these Conditions at any time.
20. Out-of-Stock Products. We will ship your product as it becomes available. We will make every effort to ship in-stock items the same day as ordered. For orders received on Saturday, Sunday or any major holiday products will be shipped the next business day. However, 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. You may cancel your order at any time prior to shipping.
21. 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 Islands in the Sun BBQ, Inc. site. 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.
23. Taxes. Our Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of California. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
24. 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 suppliers, Islands in the Sun BBQ, Inc. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. . Islands in the Sun BBQ, Inc 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, Islands in the Sun BBQ, Inc. shall immediately issue a credit to your credit card account in the amount of the incorrect price.