Terms and conditions

Terms & Conditions

 

Product Description

Pineapple Shade manufactures and distributes the beach umbrella sand pump which allows you to remove beach sand with just a few pumps to better secure your beach umbrella pole 14” inches deep in the sand. Product is made, manufactured and distributed in the USA.

 

Conditions of Use

Welcome to our online store! Pineapple Shade and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

 

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

 

SHIPPING

All orders will be shipped the same business day from the time the order was made. Orders made after 4:30pm (PST) will be shipped the next business day excluding weekends and holidays.

 

ELECTRONIC COMMUNICATIONS

When you visit PineappleShade.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices to our website regarding any changes to our product, company, or website.

 

TERMS OF SALE

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not liable for. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The costs of products and services may fluctuate. All prices advertised are subject to such changes.

  • View Cart:

The view cart shows the items added to the cart along with the item details. You can update the entered quantity, remove it altogether from the shopping cart or even empty the entire cart too. If you have a coupon code, you may redeem it at this point. If you are done with your shopping, click on the Proceed to Checkout button to check out of the shop or continue shopping

  • Check Out:

If you have finished shopping, click on the Proceed to Check Out button. The checkout page will give you the value of the items that you have purchased along with the taxes (if available) on it. You will then add your billing information in this step. Next, select the mode of delivery of the products (for product sales only) and the shipping address. Shipping charges are now calculated and added to the item value and taxes. As a final step, select your payment method. If credit card is your chosen option, the order value will be charged to your credit card. If PayPal is the method of choice, then PayPal will handle the charges. Click on the Confirm Order button to confirm your order. Your order will be created and an email will be sent to you with the order details.

  • Our Contract:

When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we RECEIVE A CONFIRMATION THAT THE PAYMENT WAS ACCEPTED. AFTER WE RECEIVED PROOF OF PAYMENT, WE WILL send you A confirmation by e-mail that THE PAYMENT WAS ACCEPTED AND the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

(d)  Payment:

Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The money received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the money paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

(e)  Prices; Taxes; Shipping and Handling Charges:

All PRODUCT prices do not include charges for shipping and handling, for sales/use taxes, and for other government required fees. Separate charges will be shown on the order acknowledgment for each applicable order. Taxes will be charged for orders shipped to states in which Pineapple Shade is obligated to collect and report such sales. When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page. Please also note that the shipping rates for THE items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full dollar amount.

 

RETURN POLICY

Upon the purchase day, you have 21 (twenty one) days to return the product with the receipt. A receipt will be send to you via email for your records. Any return product will be charged a fifteen percent (15%) restocking fee. The buyer is also responsible for shipping fees. The restocking fee will be charged according to the original product price, not the discounted price of the product.

 

EXCLUSIVITY

Pineapple Shade holds the rights to sell within the United States as a geographic area only.

 

PAYMENT

You must pay for the product in advance. Payment can be made via any major credit card or PayPal.

 

TERMS OF USE

Pineapple Shade’s beach umbrella sand pump is to be used in beach sand only. It is not to be used in dirt, swamp, mud, water, rocks, pebbles, gravels, or anything else besides the beach sand.

 

REVERSE ENGINEERING

Reverse Engineering is strictly prohibited from performing in any Pineapple Shade’s product. Pineapple Shade reserves the right to the manufacture and making of it’s product and may prosecute any infringement of reverse engineering done to it’s product.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. You may not advertise your company, website, email or yourself in any way shape or form. Pineapple Shade reserves the right (but not the obligation) to remove or edit such content. Furthermore, Pineapple Shade will review comments, communications, reviews, and other content prior to allowing the post in the review section of the website.

If you do post content or submit material, and unless we indicate otherwise, you grant Pineapple Shade a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media or advertising material. You grant Pineapple Shade and sublicensees the right to use the name that you submit in connection with such content, if we/they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity including Pineapple Shade; and that you will indemnify Pineapple Shade for all claims resulting from content you supply. Pineapple Shade has the right but not the obligation to monitor and edit or remove any activity or content. Pineapple Shade takes no responsibility and assumes no liability for any content posted by you or any third party

RISK OF LOSS

All purchases of physical items from Pineapple Shade are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

DISPUTES

Any dispute or claim relating in any way to your use of any Pineapple Shade, or to any products or services sold or distributed by Pineapple Shade will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, you may contact our registered agent at our email: contact@pineappleshade.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Pineapple Shade will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE PINEAPPLE SHADE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PINEAPPLE SHADE SERVICES ARE PROVIDED BY PINEAPPLE SHADE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PINEAPPLE SHADE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PINEAPPLE SHADE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PINEAPPLE SHADE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PINEAPPLE SHADE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, PINEAPPLE SHADE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PINEAPPLE SHADE DOES NOT WARRANT THAT THE PINEAPPLE SHADE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PINEAPPLE SHADE SERVICES, PINEAPPLE SHADE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PINEAPPLE SHADE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, PINEAPPLE SHADE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PINEAPPLE SHADE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PINEAPPLE SHADE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

INDEMNITY

You agree to indemnify, defend and hold harmless Pineapple Shade, its CEO, directors, officers, employees, consultants, agents, and affiliates, from any and all direct or third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this product of your breach of these Terms of Use.

SITE TERMS AND CONDITIONS

GENERAL This SALES CONTRACT sets forth the Terms and Conditions pursuant to which the Purchaser identified on the front page hereof (“Purchaser”) will purchase and Pineapple Shade will sell goods and/or services (hereinafter called “Products”), including those described on the front page of this SALES CONTRACT. These Terms and Conditions shall govern and apply to the sale of the Products or the execution of Services regardless of any terms and conditions appearing on any purchase order or other forms submitted by Purchaser to Pineapple Shade, or the inconsistency of any terms therein and herein.

PRICE Prices are subject to change without prior notice. All prices are exclusive of any and all taxes, including, but not limited to, excise, sales, use, property, transportation and/or occupational taxes and such other taxes related to the sale or use of the Products, now or hereafter imposed, together with all penalties and expenses. Purchaser shall be responsible for collecting and/or paying any and all such taxes, whether or not they are stated in any invoice for the products. Purchaser shall indemnify and hold Pineapple Shade free and harmless from and against the imposition and payment of such taxes. Pineapple Shade, at its option, may at any time separately bill Purchaser for any taxes not included in Pineapple Shade’s invoice and Purchaser shall pay said taxes, or in lieu thereof, shall provide Pineapple Shade with a tax exemption certificate acceptable to all taxing authorities. Unless otherwise specified herein, all prices are exclusive of: (a) inland freight, insurance and other costs and expenses relating to the shipment of the products from the F.O.B. point, Pineapple Shade’s site, to Purchaser’s facility; and (b) any special packaging for the products required by Purchaser. In the event Pineapple Shade shall make arrangements for inland transportation, all costs and expenses relating to such inland transportation shall be for the account of Purchaser and shall be paid by Purchaser to Pineapple Shade upon presentation of Pineapple Shade’s invoice therefore. In the event Purchaser shall require any special packaging for shipment of the products, the cost for such special packaging shall be invoiced separately to and paid by Purchaser. In the event delivery of the products, or any part thereof, is delayed due to the fault of the purchaser, any and all additional costs and expenses incurred by Pineapple Shade resulting from such delay in delivery, including those relating to storage shall be chargeable to and paid by Purchaser.

LIMITATION OF LIABILITY: PINEAPPLE SHADE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, OR FOR THE COST OF SUBSITUTE GOODS. CONSEQUENTIAL DAMAGES for purpose of this Agreement shall include, without limitation:

  1. Loss of use, income or profit, or losses sustained as a result of the injury (including death) to any person or loss or damage to property, including, without limitation, materials manufactured, processed or packaged by the use of the products.
  2. Damages arising out of or in connection with delays in delivery, Pineapple Shade’s performance, nonperformance or breach of this contract, defects in the equipment, failure of the products to perform properly or non-conformance of the products with specifications or the operation, use, installation, repair or replacement of the products.

PARTS: Parts are generally available from Pineapple Shade for standard products. Documentation or other support may be provided at Pineapple Shade’s discretion for all products. Replacement parts and parts in new machines may be new or reconditioned.

PRODUCTION ESTIMATES OR PRODUCT AVAILABILITY are not guaranteed, but result from careful analysis of Purchaser’s submitted requirements and present reasonably expected output or inventories under normal conditions.

ESTIMATED SHIPPING SCHEDULES: Shipping dates are approximate; Pineapple Shade is not responsible for delays or non-performance due to strikes, fires, embargoes, abnormal manufacturing conditions, or cause beyond Pineapple Shade’s reasonable control. Specification changes requested by Purchaser may extend shipping schedules.

RETURNS: Some unused products may be returned after the invoice date. Refer to the return information posted in the Return Policy, or contact us for the applicable return period of a particular item. Contact Pineapple Shade to ascertain if your product meets the return requirements and to request a Product Return Instruction Form. A fifteen percent (15%) restocking fee may be deducted from any refund or credit. Products without a Return Authorization Number (RAN) cannot be returned. Parts, consumables, and wear and tear items cannot be returned. Products must be returned in as-new condition to Pineapple Shade’s facilities in Santa Ana, California. Return products must include all original packaging, along with any media, documentation, hardware, tools, parts, manuals and all other items that were included in the original shipment. Products must be shipped pre-paid, and insured. COD deliveries will be refused. Buyer accepts the risk of loss or damage during shipment. Products must be returned thoroughly packaged, in the same new condition as they were originally received. Damaged packaging materials must be replaced with new materials; this includes wooden and/or cardboard boxes or crates. Products sent strapped on pallets must be returned the same way. Note that additional protection may be needed to protect the Product as the original packaging materials may have suffered normal wear during the shipment to Buyer’s location and may be insufficient to protect the Product during return shipping. Buyer is responsible and liable for all shipping, insurance, packaging and/or handling charges as well as import/export tariffs and brokerage or storage fees (if applicable). Buyer accepts all responsibility for Products damaged or lost during shipping. Pineapple Shade reserves the right to refuse any product that upon arrival shows visible packaging damage. Pineapple Shade will not be responsible for packages shipped to any address other than the one it specifies. Upon receipt of the returned product Pineapple Shade will ascertain the completeness, condition and operational status of the Product. Product must be received in like new condition. If items are missing or repairs have to be made (due to prior usage, improper installation, improper handling, or improper packaging) Pineapple Shade may, at its sole discretion, replace or perform such repairs it deems necessary to return the Product to a like new condition, including the cost of crating or repackaging the Product. The cost of such items and/or repairs will be deducted from any applicable refund value. Shipping, handling and/or insurance costs are non-refundable. If the item being returned was shipped for free, the actual outbound shipping cost will be deducted from any applicable refund. Pineapple Shade will refund the buyer a maximum of up to the value of the returned item as specified on their invoice minus any charges incurred as specified above. Any applicable refund will be processed within 15 business days (workdays) from the receipt of the returned product, in the same form of payment used in the original purchase.

FORCE MAJEURE Seller’s obligations hereunder are subject to delays incident to labor difficulties, fires, casualties, accidents, acts of the elements, acts of God, acts of war or terror, transportation difficulties, delays by common carrier, inability to obtain equipment, materials or components or qualified labor sufficient to timely perform part or all of this SALES CONTRACT, governmental regulations or other causes beyond the control of seller. In the event of any such delays, seller’s performance shall be correspondingly extended, and seller shall keep purchaser fully informed of the effects of such events.

TYPOGRAPHICAL ERRORS: Pineapple Shade shall not be held responsible for typographical errors.

COMPLETENESS: The terms and conditions stated herein represent an agreement between Pineapple Shade and Purchaser which, together with the terms, provisions and conditions on any acknowledgement provided to Purchaser by Pineapple Shade, constitutes the entire agreement, understanding and representations, expressed or implied, between Pineapple Shade and Purchaser and supersedes all prior communications between the parties, including all oral and written proposals.

SEVERABILITY: The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision contained herein.

TERMS AND CONDITIONS OF WEBSITE USE: Pineapple Shade does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than United States of America). No information shall be construed as advice and information. Content is intended for information purposes intended for educating visitor into making an informed purchased at the time of sale. Pineapple Shade is not responsible for the contents of any off-site pages or any other sites linked to the Site. pineappleshade.com Web site (the “Site”) is presented for private, noncommercial use only.

TRADE MARKS: The trade marks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Pineapple Shade. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of Pineapple Shade.

EXTERNAL LINKS: Certain links on the pineappleshade.com site will allow you to leave the pineappleshade.com site. These linked sites are not produced by Pineapple Shade and Pineapple Shade is not responsible for the content or material of any linked site or any link contained in a linked site, or any changes or updates to such sites. These linked sites are included by Pineapple Shade as a service to its customers, and the links do not necessarily imply endorsement by Pineapple Shade.

PUBLIC FORUMS AND USER SUBMISSIONS: Pineapple Shade is not responsible for any material submitted. All communications received by pineappleshade.com via electronic mail or otherwise, including letters, questions and comments, may be posted at the Site or otherwise published by pineappleshade.com. Such communications may be edited for length and clarity.

WARRANTIES: Pineapple Shade makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.

 

Any further questions? E-mail us at contact@pineappleshade.com