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Terms of Use
Shipping Rates
Our published shipping rates apply to the continental USA only. Orders shipped outside of the lower 48 states will incur additional shipping charges.
Return Policy and Credits
The Swingset Co. is committed to providing fast and efficient service. If you are not happy with your order, we will refund you the total product costs that you were charged minus shipping costs. In addition, you will be responsible for shipping costs of the item(s) back to our facility. This policy applies as long as the items are returned within 30 days from shipping date and not opened.
Refund Information
Orders returned do not receive shipping reimbursements and are charged the actual shipping costs to and from our warehouse. If a returned item was a Free Shipping item from us, the refund for the product will be minus the actual shipping charges.
Freight Shipment Information - Curbside Delivery & Extra Services
Playsets and other large items are shipped via Curbside Shipping. Delivery will be done by a tractor/trailer. The driver is only responsible for delivering the order to your curb. The freight company via the phone number(s) you provide in your order schedules a delivery appointment. No delivery will be made unless an appointment is set. The delivery person requires your assistance in unloading the order. Any additional services, such as two-man delivery, inside delivery, lift gate, or address change are not included in the price of the freighted item. The cost of these additional services varies from city to city. They usually cost between $35.00 and $150.00 extra. You may purchase these additional services directly from the freight carrier when delivery is scheduled. It is a good idea when you make your appointment, to have the freight company call you 30 to 45 minutes before delivery so as to avoid having to wait for the driver to show up.
Shipping Policy and Liability for Concealed Damage
The Swingset Co. requires the customer to refuse delivery or note damage upon receipt if an item is in condition not suitable or possibly not suitable for use. Failure to sign a delivery receipt as damaged and/or with missing parts removes The Swingset Co. and the delivering carrier from any liability.
Replacement Parts for Concealed Damage/Defect Freight
Unfortunately, sometimes packages arrive with damaged, defective, or missing parts. At The Swingset Co. we guarantee you will receive all parts - correct and functioning properly. All replacement part orders are shipped standard ground delivery (regardless of the initial shipment type) unless the consignee chooses to pay for the difference in expedited shipping.
If your item was sent via freight truck and it was signed and accepted, the order cannot be returned unless shipping is paid both ways by the customer and the item has not been opened or used/installed. If there is damage, part error, or loss in this situation, replacement parts must be issued.
Replacement Shipments for Damaged Orders
If an order is refused at time of delivery due to damage, The Swingset Co. will resend a new package out as soon as the damaged item is returned to our warehouse. The order must be canceled with a phone customer service representative to avoid having a re-shipment.
Canceling a Recently Placed Order
As long as an order has not been processed, your order may be canceled. Orders cannot be canceled by email, by message, or after they have been shipped. Please be certain about your order as often times it is impossible to stop a shipment that already has a tracking number placed on it.
Promotional Offers
From time to time, we may provide promotional offers such as discounts or free services. The promotional offers are only valid from the time they are issued to the expiration date advertised in the ad. To take advantage of these offers a promotional code must be used when ordering. Customers can not use more than one promotional code per order. This means you can not take advantage of two different promotional offers for the same order.
Limitation of Liability
The Swingset Co. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Swingset Co. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a product is mistakenly listed at an incorrect price, The Swingset Co. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Swingset Co. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Swingset Co. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Swingset Co. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
The Swingset Co. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Swingset Co.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Georgia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Swingset Co. products) shall be in the state or federal courts located in Dekalb County, Georgia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Swingset Co. products) must be commenced within one (1) year after the claim or cause of action arises. The Swingset Co.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Swingset Co. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Participation Disclaimer
The Swingset Co. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Swingset Co. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The Swingset Co. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Swingset Co. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless The Swingset Co., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.