| PondUSA.com
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Monday to Friday 9:00 AM - 5:00 PM Pacific Time - Email Us
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| Terms & Conditions |
| General |
The use of this site is governed by the policies, terms and conditions as set forth below. Please read over them carefully before using this site. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this site and these terms and conditions at any time.
| Privacy Policy |
We keep your
personal information private and secure. As such, this site features SSL
secure online ordering. When you make a purchase from this site, you provide
your name, address, telephone number, credit card information, and any
other personal information deemed necessary to process your order. We only
use this information to process your order and to keep you updated on your
order. The information you submit to us will not be shared, sold or released
to any other parties. Guaranteed.
We fully cooperate
with law enforcement agencies in identifying those who use this site for
illegal activities. We reserve the right to report to law enforcement agencies
any activities that we reasonably believe to be unlawful.
| Copyright Notice |
This site is owned and operated by T.E. Adventure Inc. 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 T.E. Adventure Inc. or the companies we represent, Copyright © 1997-2002, all rights reserved. OASE Pumps photos and text are copyrighted by OASE and used with permission of OASE. You may use the content of this site only for the purpose of your personal 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.
| Typographical Errors |
We make every effort to correctly describe and price each item. The information on this site is deemed reliable but not guaranteed. Please verify all information if important. In the event that a product is listed at an incorrect price due to a typographical error, we shall have the right to refuse or cancel any orders placed for any product listed at the incorrect price, 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, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.
| Links |
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that T.E. Adventure Inc. is not responsible for the operation of or content located on or through any such site.
| Problem Resolution |
If you have a problem that is related to your order, it will be dealt with quickly and courteously. We will work with you and arrive at the proper course of action to remedy your problem. In other words, we'll fix it or tell you how to. For priority treatment regarding missing or damaged shipments, shortages, warranty replacements, or any other problems related to your order that require our immediate attention, please fill out our Report A Problem form.
| Prices |
All prices are in US $ and are subject to change without prior notice.
The following shipping & handling fee schedule applies to all items weighing less than 150 lbs. and shipped within the Continental United States.
Shipping charges for all pond liners, pre-formed ponds, fountain basins, any items weighing over 150 lbs., or items that can only be shipped by truck freight are quoted separately. Extra shipping charges may apply to orders destined for Alaska, Hawaii, Puerto Rico, or any other location outside of the 48 States. Please see our order confirmation for extra shipping charges or inquire before placing your order. Orders requiring extra freight charges will only be processed once you approve the final invoice amount.
Products identified
by the
icon will not
incur any freight charges within the 48 States. We will remove the shipping
& handling fee calculated by our shopping cart prior to processing
your order. Free shipping does not apply to Alaska, Hawaii, Puerto Rico,
or any other location outside of the 48 States.
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Example:
Net order
value = $ 200.00
Total delivered
cost = $ 200.00 + $ 12.49 = $ 212.49
| Ordering Information |
For your convenience, you may place your order online via our SSL secure online shopping cart. We also accept fax or mail orders.
Within 24 hours (except on weekends and holidays) of receiving your order we will email an order confirmation, listing each item ordered, unit prices, and the total $ amount of your order. We will also quote extra shipping charges where applicable. Any order subsequently cancelled and/or refused delivery by you for whatever reason is subject to a restocking fee and shipping charges as specified below under Returns & Exchanges.
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. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time (not to exceed 30 days) unless we agree otherwise, and will be deemed to be accepted by us only upon shipment of the product(s). We reserve the right at any time after receipt of your order to accept or decline your order for any reason and, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order, as established by our credit and fraud avoidance department. T.E. Adventure Inc. is a reseller to end user customers and does not accept orders from dealers, wholesalers, or other customers who intend to resell the products offered by us for sale.
| Payment Terms |
For your convenience,
we accept the following methods of payment:
Visa
MasterCard
Money Orders
All credit card payments are processed on the day the order is received by us.
| Shipping & Handling Policy |
All orders received, except those that require changes or a shipping cost authorization from you, will be processed as soon as possible and shipped from the warehouse closest to you, as determined by us and subject to availability of stock. Orders normally leave the warehouse within 24 to 48 hours but some delays may occur during the busy Spring and Summer seasons. Unless otherwise specified, all orders are shipped via UPS Ground, FedEx Ground or common carrier. Due to shipper restrictions we cannot deliver to a P.O. Box address. All shipments are subject to stock availability. We do not ship on weekends or Holidays and do not offer Saturday, 2nd Day Air, or Next Day Air deliveries.
The following shipping & handling fee schedule applies to all items weighing less than 150 lbs. and shipped within the Continental United States.
Shipping charges for all pond liners, pre-formed ponds, fountain basins, any items weighing over 150 lbs., or items that can only be shipped by truck freight are quoted separately. Extra shipping charges may apply to orders destined for Alaska, Hawaii, Puerto Rico, or any other location outside of the 48 States. Please see our order confirmation for extra shipping charges or inquire before placing your order. Orders requiring extra freight charges will only be processed once you approve the final invoice amount.
Products identified
by the
icon will not
incur any freight charges within the 48 States. We will remove the shipping
& handling fee calculated by our shopping cart prior to processing
your order. Free shipping does not apply to Alaska, Hawaii, Puerto Rico,
or any other location outside of the 48 States.
We try to combine orders whenever possible and ship your order from one location. Depending on your product selection, you may receive more than one shipment from us. Not every product is in stock at each warehouse which means that we may have to split your order and ship one item from Oklahoma and another item from California, for example. The fact that we may have to ship from multiple locations does, however, NOT increase your shipping charges. You are only charged one shipping charge as per the schedule below.
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Example:
Net order
value = $ 200.00
Total delivered
cost = $ 200.00 + $ 12.49 = $ 212.49
| Back Orders |
Items temporarily out of stock will be placed on backorder and shipped as soon as they become available. We will, however, notify you of any significant delays.
| Damage Claims |
All shipments will be properly insured for the full replacement value of the goods. The responsibility for safe delivery rests with the carrier after the order has been accepted from us or our suppliers for shipment. Please follow these steps when receiving any shipment from a courier or trucking company:
1. For your protection, please open all boxes and check the contents immediately in the presence of the carrier's agent (UPS driver, truck driver, etc.) and report any discrepancies or damages (i.e. crushed box or contents, missing parts) to the driver/carrier at that time by filling out a damage report on their bill of lading. It is the customer's responsibility to carefully inspect the goods before signing for them and initiate a claim with the shipper if a problem exists. This is especially important for pond liners. We cannot file a damage claim on your behalf. Please inspect your shipment before signing for it. When signing for receipt of goods, please add the phrase "not for hidden damage" to the shipping receipt.
2. Let us know about the problem so we can work with you and assist with whatever action needs to be taken.
3. Please note that, after the shipment has been received and signed for by you, it is virtually impossible to initiate a damage claim. We will work with you as much as we can but, since there is no proof where and when the damage occured, all damages discovered at a later date are ultimately your responsibility.
| Returns & Exchanges |
If you are not satisfied with your purchase you may return all items (* some exceptions apply, please see below) within 10 days of receiving your order for exchange, refund or an in-store credit. We generally do not charge a restocking fee. In some rare cases, and depending on the product, a restocking fee of 15 % applies. Shipping & handling charges are not refundable. We ask that you pay our out-of-pocket expenses (= not the low shipping & handling fee on your invoice but our actual expenses) for UPS, FedEx Ground, or truck freight to ship the item(s) to you + the return shipping charges to our warehouse. If we made an error and shipped the wrong product, we will cover all Ground shipping charges involved.
For claims under a manufacturer's warranty, please click here.
Please contact us for a return merchandise authorization number (RMA) before returning any items, and we will let you know which warehouse to send the item(s) to. We cannot accept your return without an RMA number. Please include a note and a copy of your order confirmation/invoice and clearly mark the RMA number on the outside of each shipping carton (not the product packaging). Shipments returned without prior authorization will be returned to you. For your protection, please wrap all items carefully and securely and return them prepaid and properly insured. Items sent freight collect will be refused and returned to you.
IMPORTANT: All returned items must be in their original sealed boxes or packaging and must be unused and in as new and resaleable condition. We cannot accept items that are used, dirty, worn, damaged or are returned with torn packaging. If, in our opinion, we cannot resell the item as new and unused, we will not accept the return.
* THE FOLLOWING ITEMS ARE NOT RETURNABLE: Sale items and specials, special orders, pond liners, felt underlay, tubing, water additives, conditioners, pond treatment and chemicals of any kind, fish food and medications, plant food, and books.
| Disclaimer & Limitation of Liability with Respect to this Web Site |
This web site and the materials therein are provided on an "as is" basis. T.E. Adventure Inc. make no representations or warranties, either express or implied, of any kind with respect to this site, its operation, contents, information and/or materials. T.E. Adventure Inc., its officers, directors, shareholders, and employees hereby expressly disclaim all representations, conditions, and/or warranties, either express or implied, of any kind, with respect to this site and/or its use, including but not limited to any implied warranties or conditions of merchantability and/or fitness for a particular purpose. You agree that T.E. Adventure Inc., its officers, directors, shareholders and employees shall not be liable for any and/or all damages arising from the operation, content and/or use of this site. You further agree that this limitation of liability is comprehensive and applies to all damages of any kind, including but not limited to direct, indirect, special, punitive, compensatory, incidental and/or consequential damages for lost profits, lost sales, loss of income, loss of time, inconvenience, loss of use or inability to use, loss of bargain, injury to person and/or property, labor, disappearance, non-delivery or delay of any shipment, labor stand-by charges, equipment rental, and/or any other direct, indirect, special, punitive, compensatory, incidental, and/or consequential damages, conditions and/or losses of any kind, no matter whether based upon warranty, contract, negligence, misuse and/or any other causes. You agree that the maximum cumulative liability of T.E. Adventure Inc., its officers, directors, shareholders, and employees, for any claim or liability arising from the use of this site and/or from the purchase, application, handling, installation, and/or use of its products offered and sold shall not exceed the original purchase price of the product ordered.
| Manufacturer's Warranty
Claims
Disclaimer & Limitation of Liability with Respect to Products Offered and Sold |
All products sold by T.E. Adventure Inc. are new, in their original packaging, and are warranted by the manufacturer to the user against defective material and workmanship under normal use for a period as specified by the corresponding manufacturer's warranty, where applicable. Seller's and manufacturer's sole obligation, and buyer's and user's exclusive remedy for any breach of this warranty shall be for the manufacturer to either replace and/or repair at the manufacturer's sole discretion any part(s) or product(s) which are found to be defective in material or workmanship during the warranty period. Proof of purchase is required on all claims in the form of an invoice copy. Warranty does not cover any costs associated with the return, installation or removal of products subject to warranty claims. The defective component(s) or product(s) must be returned to our warehouse, freight prepaid, along with proof of purchase. All items returned will be inspected to determine cause of failure before warranty is approved. Warranty does not cover return shipping charges to buyer and user. Please note that repair or replacement of any product does not extend its manufacturer's limited warranty or begin a new manufacturer's limited warranty period.
Please contact us for a return merchandise authorization number (RMA) before returning any items, and we will let you know which warehouse to send the item(s) to. We cannot accept your return without an RMA number. Please include a note and a copy of your order confirmation/invoice and clearly mark the RMA number on the outside of each shipping carton (not the product packaging). Shipments returned without prior authorization will be returned to you. For your protection, please wrap all items carefully and securely and return them prepaid and properly insured. Items sent freight collect will be refused and returned to you.
Before buying and using, the buyer and user shall determine the suitability of the product(s) for the intended use and assume all risks and liability whatsoever in connection therewith. As T.E. Adventure Inc., its officers, directors, shareholders, and employees do not control the application, handling, installation, and/or use of its products offered and sold, T.E. Adventure Inc., its officers, directors, shareholders, and employees hereby expressly disclaim all representations, conditions, and/or warranties, either express or implied, of any kind, including but not limited to any implied warranties or conditions of merchantability and/or fitness for a particular purpose. T.E. Adventure Inc., its officers, directors, shareholders and employees neither assume nor authorize any other person to assume for them any liability or responsibility whatsoever for any and/or all claims, consequences and/or conditions arising from the use of this site and/or from the purchase, application, handling, installation, and/or use of its products offered and sold.
T.E. Adventure Inc., its officers, directors, shareholders, and employees shall in no event be liable for any injury, loss or damage, whether direct, indirect, special, punitive, compensatory, incidental and/or consequential, including but not limited to direct, indirect, special, punitive, compensatory, incidental and/or consequential damages for lost profits, lost sales, loss of income, loss of time, inconvenience, loss of use or inability to use, loss of bargain, injury to person and/or property, labor, disappearance, non-delivery or delay of any shipment, labor stand-by charges, equipment rental, and/or any other direct, indirect, special, punitive, compensatory, incidental, and/or consequential damages, conditions and/or losses of any kind, no matter whether based upon warranty, contract, negligence, misuse and/or any other causes. You agree that the maximum cumulative liability of T.E. Adventure Inc., its officers, directors, shareholders, and employees, for any claim or liability arising from the use of this site and/or from the purchase, application, handling, installation, and/or use of its products offered and sold shall not exceed the original purchase price of the product ordered.
Please adhere to your local bylaws. Carefully read the manufacturers' operating instructions and follow their recommendations, guidelines and installation instructions in their entirety before operating and/or using any equipment and/or supplies. All 120 Volt electrical equipment, whether used indoors or outdoors, must be plugged into a properly grounded and GFCI (Ground Fault Circuit Interrupter) protected 120 Volt outlet only. This is a requirement, not just a recommendation. It is for your own protection. If in doubt, please consult a licenced electrician. An approved transformer must be used for all low-voltage equipment.
| Court of Jurisdiction |
You agree that
any legal action brought against T.E. Adventure Inc. shall be governed
by the laws of the Province of British Columbia, Canada without regard
to its conflict of law principles. You agree that the sole jurisdiction
and venue for any litigation arising from your use of this site or purchases
made from us shall be an appropriate federal or provincial court located
in Powell River, British Columbia, Canada. You agree that any legal action
brought against T.E. Adventure Inc. shall be brought by you individually
and not as part of a class action or in affiliation with any other customers
or persons. The parties acknowledge and agree that this Agreement and the
sale of any products by T.E. Adventure Inc. to you shall not be subject
to the provisions of the United Nations Convention of Contracts for the
International Sale of Goods.
Serving the pond & water garden market since 1986 and selling online since 1997, we are one of the original Internet mailorder companies and the oldest OASE dealer in North America. For more than 20 years, thousands of Americans from coast to coast have come to rely on us for expert advice and quality products. Please
contact
us for any questions you may have about ponds and water gardens.
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