Terms and Conditions of Sale

Custom-Made Merchandise. Personalized, made-to-order, special orders, or other custom-made or custom-assembled items such as spray rings, cast stone items, some artifical plants, etc. are not returnable, not refundable, and not cancelable. Ensure that you are ordering the correct item and it will fit your space and design. We have specialists available to help you decide on the right item for your application — please use them.

Full-Price Exchange or Return. All merchandise is inspected for damage before it ships. Replacements or returns for full price are granted only if the merchandise has a manufacturer defect or the wrong item was shipped. William Tricker, Inc. must be notified within 24 hours of receiving the item in order for a full-price return to be considered. William Tricker, Inc. and/or the supplier will decide whether an item will be replaced, repaired or refunded, and customer agrees to ept their decision. If an item is defected and can be repaired, William Tricker, Inc. or its supplier reserves the right to repair the item or send a repair kit, and the customer agrees to be responsible for performing the repair in lieu of returning the item. Customer will be provided with repair instructions.

General. No returns or refunds are granted because the item color does not exactly match the color on the monitor or when you print it. Customer has the option to receive a color sample for most merchandise. If you don't order a sample and the color isn't as you expect, then we cannot ept complaints about the color. For color-finished cast stone products, neither William Tricker, Inc. nor the factory will ept objections to the final product color if you don't request samples before ordering your merchandise. No refund or credit will be made if customer alters the product in any manner. If product is altered, customer must receive and follow the recommendation of the factory. No reimbursement will be made for any work or alteration done to a product without prior authorization before the work is started. No reimbursement will be made for late deliveries, installation, repairs or alterations. Returns or refunds are not authorized because an item differs by 10% or less in either dimension unless the customer pays actual shipping both ways and any restocking fees. Nor will returns or refunds be made for mistakes on the customer's part, such as entering the wrong address numbers for personalized address markers or having personnel on site if a delivery is delayed.

Check your receipt carefully immediately after ordering. Notify us within 24 hours of delivery if there is a problem with the product to be considered for a full-price return.

Other Exchange or Return. Returns for a selected items can be granted if the customer simply doesn't want the item. Custom merchandise described above are not included. The return must be requested within 1 week of receiving the merchandise, no exceptions. Customer is responsible for actual shipping both ways even if the item price included shipping or your invoice shows differently. Restocking policies and fees may apply when imposed by the supplier.

*** All returns must be approved by us before you return the item. ***

1. A claim must be filed in writing (email or fax) within 2 business days of receipt of the item, and you must receive a reply within a day otherwise the claim can be considered as not received.
2. The claim must include the reason that you are requesting to return the item, your phone number, the order number, the item, and a valid email address. If the item is damaged, a photograph will work to your benefit.
3. William Tricker, Inc. and it's supplier will determine who pays shipping and whether restocking fees apply. You will be notified where to return the item, which may not be the originator. Unless otherwise specified, the customer is responsible for actual shipping charges both ways.
4. William Tricker, Inc. passes onto the customer the return policy of the supplier/manufacturer. That is, the customer will pay all costs associated with returns if the manufacturer charges restocking fees and won't pay shipping.
5. Returns must be packaged in the original containers and in new, unused, and resellable condition. If the item was damaged during shipment to you, then you'll need to supply proper documentation within days of receipt. We recommend to write on your receipt, "Subject to Inspection" and get a copy signed by the driver. For freight shipments, have a camera available during delivery just in case. William Tricker, Inc. is not responsible for delayed, damaged, or lost shipments.
6. No refund will be made until the item is received and inspected by the supplier and any claim filed with the shipper is approved by the shipper.

Customers at William Tricker, Inc.^®® are treated with special attention because we are not just a click-n-buy store. We make every effort to inform and educate our customers about their purchase. We do not rush you or pass on typical marketing phrases to get you to hurry up and order order — instead, we want you to take your time to ensure that you are ordering the right outdoor decor for you.

Our company philosophy is to encourage you to think about your purchase before committing to it. We also will work with you during installation and other issues that arise. We are here to help to make your purchase proceed fairly and smoothly. And, if an issue crops up after purchase, we are here to help mediate your warranty claim. We have turned around some denied factory warranty claims because of our outstanding rapport with the excellent factories.

We respect your privacy and disclose no personal information to other companies (shippers and manufacturers of course need your address and contact information). Your identity is treated as if your were to enter a retail store; we don't even know what you look like! We do not collect payment information for free quotations.

The checkout and account dashboard are securely encrypted with 128-bit encryption used by the banking industry. This type of encryption is so secure that the encryption program not allowed to be exported to unfriendly countries. This website is routinely audited for security against new hacking technologies and updated to prevent these attacks.

Cookies are used only to keep track of your shopping cart, checkout, and account login status. Links to the social websites are only links and do not add a cookie about you while on the William Tricker, Inc. websites. William Tricker, Inc. does not allow third party marketing agencies or social sites to track your activities for their benefit. We do not share or sell your information with third parties. The cookies expire when you close your browser unless you opted for the "Remember Me" selection. We do not track your visits to other websites.

We loathe spam, too. The only email you will receive is regarding your order or inquiry or if you opted in to receive our newsletter about product news, special offers, design concepts and ideas. We promise.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PROCEEDING THROUGH CHECKOUT MEANS THAT YOU AGREE TO THESE TERMS OF SALE.

THESE TERMS AND CONDITIONS ("AGREEMENT") CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND WILLIAM TRICKER, INC. ("TRICKER'S"). THIS AGREEMENT SHALL GOVERN YOUR PURCHASES OF PRODUCTS AND/OR SERVICES FROM TRICKER'S EITHER THROUGH TRICKER'S WEBSITE OR BY YOUR SUBMISSION OF AN ORDER VIA PHONE, FACSIMILE, EDI, MAIL OR OTHER MEANS. THESE TERMS AND CONDITIONS PREVAIL OVER ANY AND ALL TERMS IN QUOTES OR OTHER CONTRACTS.

1. Payment terms are due on the date of William Tricker Inc.'s invoice, and for foreign shipments, William Tricker, Inc. may require full or partial payment in advance. Upon your failure to submit full or partial payment or other required documentation such as a signed credit card receipt or signed copy of these terms, William Tricker, Inc. may cancel or delay any or all orders hereunder and/or adjust prices to match those in effect at the time delayed shipment is made. Amounts past due are subject to a service charge equal to the lesser of 1.5% per month or the maximum rate permitted by law. Customer realizes that errors can be made such as in totaling estimates, quotes and orders or programming errors can be made. Customer will be given a chance to ept the correction before the order is fulfilled.

2. Any consumption, excise, sales, value added or other tax or import duty which may be applicable to the transactions conducted under this Agreement shall be invoiced to you as a separate item. In addition, the shipping costs pre-billed on your order or quote are only estimates. If the actual freight cost increases beyond what was used to determine the total cost of an order, whether or not shipping was part of a package deal in a quote or what the website calculates, the customer will pay the difference in freight costs. The actual shipping costs shall be passed on to you as either a credit or an additional charge.

3. Products shall be shipped via method as determined by William Tricker, Inc.. Title to, and risk of loss or damage to, the products shall pass to you upon William Tricker, Inc.'s delivery of the products to your location. William Tricker, Inc. reserves the right to use its own discretion in the manner and routing of shipments.

If you opt to pick up your order, then you are responsible for damage or any other mishaps as soon as your order is in your possession. If you opt to pick up your order and you don't pick it up within a reasonable time after your order is ready, then your order will be shipped to you and you are responsible for shipping costs.

If a freight item arrives damaged or is missing, then you must forward both documentation signed by the trucker noting such damage or missing items and, where applicable, detailed photos of the damage to William Tricker, Inc. for insurance purposes. Without signed documentation and photos, there is no guarantee that the product will be replaced at no cost to you. Customer will be responsible for disposing of goods if the supplier does not want it returned.

Once an order ships, it cannot be canceled or delivery refused.

4. You may only return products in ordance with William Tricker, Inc.'s standard Return Policy in effect on the date of the return. If you fail to follow William Tricker, Inc.'s Return Policy, William Tricker, Inc. is not responsible whatsoever for any returned product that is lost, damaged, modified or otherwise processed for disposal or resale. You must contact William Tricker, Inc. before attempting to return a product. If customer returns merchandise without authorization, William Tricker, Inc. reserves the right to not refund the order. You must return the product in its original or equivalent packaging. You are responsible for all risk of loss and shipping and handling fees for returned products. William Tricker, Inc. may, in its sole discretion, charge additional restocking fees and/or issue credit for partial returns less than invoice or individual component prices due to bundled or promotional pricing. The minimum restocking fees are those imposed by William Tricker, Inc.'s vendor. William Tricker, Inc. reserves the right to charge a higher restocking fee than the vendor. Custom items and items made per your order are not refundable and cannot be returned. Once an order is placed, William Tricker, Inc.'s return policies are in effect.

5. All lead times and delivery dates indicated on William Tricker, Inc.'s documents are approximate and are based upon the prompt receipt of all necessary information and payment from you regarding products ordered. William Tricker, Inc. will use commercially reasonable efforts to meet the indicated delivery dates but shall not be liable for any breach of contract or held responsible for any costs or expenses incurred by you as a result of William Tricker, Inc.'s failure to do so. In the event of any delivery delay caused by you, William Tricker, Inc. will store and handle for a reasonable time all products ordered at your risk and will invoice you for the purchase price plus storage, insurance and handling charges incurred on or after the date on which the products are ready for delivery. If the item cannot be delivered within a week or after three delivery attempts, then William Tricker, Inc. will re-route the product back to William Tricker, Inc. or its vendor. You will be responsible for all shipping and storage costs.

6. Product Suitability, Liability, Indemnity

Suitability. Determination of the suitability of seller's product for the uses and applications contemplated by the Buyer are the sole responsibility of the buyer. Buyer assumes all risk and liability for the use or application of Seller's products, whether used singly or in combination with other products.

Liability. Buyer's exclusive remedy shall be made and no claim of any kind, whether based on contract, breach or warranty, negligence or otherwise, shall be greater in amount than the purchase price of the product in respect of which damages are claimed. Seller shall not be liable for any special, punitive, incidental or consequential damages.

Local Government Codes. Consumer is responsible for obtaining proper building and other permits as required by law for products that require permits. Professional installation of some products is required, such as products wired directly into an existing circuit or heavy or large products requiring heavy equipment.

Indemnity Agreement. Buyer shall defend indemnity and hold Seller harmless from and against all claims, liabilities, costs, and expenses including, but not limited to those related to injury to or death of Buyer's associates arising from or connected with the possession, handling, processing or use of the product by Buyer or others.

7. Until such time as William Tricker, Inc. is fully paid for products shipped, William Tricker, Inc. reserves, and you hereby grant to William Tricker, Inc., a purchase money security interest in the products listed in the order confirmation in the amount of their purchase price plus all attorneys' fees and costs of collection. A copy of the order confirmation may be filed on William Tricker, Inc.'s behalf with appropriate state authorities at any time as a financing statement in order to perfect William Tricker, Inc.'s security interest. You will provide William Tricker, Inc. with reasonable assistance in perfecting its security interest. William Tricker, Inc. shall have all rights and remedies of a secured party under the applicable provisions of the Uniform Commercial Code.

8. You shall reimburse William Tricker, Inc. for all attorneys' fees, court costs and other expenses incurred by William Tricker, Inc. to enforce this Agreement.

9. William Tricker, Inc. warrants products sold by William Tricker, Inc. insofar as warranted by the manufacturer, if any. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TRICKER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED. ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. TRICKER DOES NOT ACCEPT ANY LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. IN NO EVENT SHALL TRICKER'S LIABILITY FOR ANY CLAIM WHATSOEVER EXCEED THE COST OF THE PRODUCTS AND/OR SERVICES GIVING RISE TO THE CLAIM, WHETHER BASED IN CONTRACT, WARRANTY, INDEMNITY OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. IN NO EVENT SHALL TRICKER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS OR OPPORTUNITIES), HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, WHETHER OR NOT TRICKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Except for your payment of the purchase price or additional fees for shipping and as described in Paragraph 2., above, neither party shall be liable for any delay or failure to perform to the extent caused by fire, flood, explosion, war, riot, embargo, labor disputes, compliance with any laws, regulations, orders, acts or requirements from the government, civil or military authorities, terrorist attacks, acts of God or the public enemy, or any act or event of any nature reasonably beyond such party's control.

11. Should any provision of this Agreement be declared by any court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby, it being the intent of the parties that they would have executed the remaining portion without including any such part or portion which for any reason was declared invalid.

12. This Agreement shall be governed by and construed in ordnance with the laws of the State of Ohio, excluding its conflict of laws provisions and excluding the United Nations Convention on the International Sale of Goods. The parties hereby submit to the exclusive jurisdiction and venue of the state courts situate in Cuyahoga County, Ohio.

13. The Policies and other information on this page are included in the Terms and Conditions of Sale to which buyer agrees. William Tricker, Inc. reserves the right to change the terms and conditions at anytime without notice.

14. You and William Tricker, Inc. agree that this Agreement constitutes the complete and exclusive agreement regarding the subject matter of your order and supersedes any prior communications, representations or agreements of the parties and cannot be altered, amended, or modified except in writing executed by an authorized representative of each party.