Terms of Service

1. Introduction

Welcome to Patio Air ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your access to and use of our website located at patioair.com ("Website") and any related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

About Patio Air: Patio Air is an independent online retailer operated by Patio Air LLC. We curate and source a range of outdoor living, patio, backyard, and lifestyle products—including pergolas, gazebos, fire features, outdoor furniture, and related solutions—from trusted suppliers and manufacturers. Patio Air is not affiliated with or endorsed by the brands featured unless explicitly stated. This is a Direct from Manufacturer to Consumer program — shipping and delivery are serviced by the manufacturer or supplier directly. Product details have been supplied by the manufacturer and may be hosted by a third party.

2. Eligibility

By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Accounts and Registration

3.1 Account Creation

To access certain features of the Services, you may be required to create an account. You agree to:

• Provide true, accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and current

3.2 Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

4. Orders and Payment

4.1 Product Availability

All products listed on the Website are subject to availability. We reserve the right to limit the quantities of any products or services that we offer, and to discontinue any product at any time.

4.2 Pricing

Prices for our products are subject to change without notice. The price charged will be the price displayed at checkout. We are not liable for typographical errors; if a pricing error occurs, we may cancel the order and issue a refund.

4.3 Payment Terms

• Accepted payment methods: Payment methods shown at checkout
• Payment processing: Payments are processed securely through Shopify Payments and/or other payment processors enabled on the Website
• Billing information: You agree to provide current, complete, and accurate billing information

4.4 Payment Security and Charge Timing

All transactions on patioair.com are protected by SSL/TLS encryption. Your payment information is transmitted securely and is never stored on our servers in full. Your payment method is charged at the time your order is placed and confirmed. If an order is canceled prior to shipment, a full refund will be issued to the original payment method within 7 business days.

4.5 Order Acceptance

We reserve the right to refuse or cancel any order for reasons including but not limited to:

• Product availability or fulfillment limitations
• Errors in product information or pricing
• Suspected fraudulent, unauthorized, or illegal transactions

If we cancel an order after you have been charged, we will refund the amount paid to the original payment method.

5. Shipping and Delivery

5.1 Shipping Policy

Shipping timelines, methods, and any applicable restrictions are described in our Shipping Policy. As Patio Air operates a Direct from Manufacturer to Consumer program, shipping and delivery are serviced by the manufacturer or supplier directly.

5.2 Order Processing and Cut-Off Time

Orders placed before 2:00 PM PST on business days (Monday–Friday, excluding federal holidays) are processed the same day. Orders placed after 2:00 PM PST, on weekends, or on holidays are processed the next business day. Processing time is typically 1–3 business days, after which orders are handed off to the fulfillment partner for shipment.

5.3 Free Shipping Offer

We offer free standard shipping on eligible orders over $100 (before tax, after discounts), where available. Orders under $100 are charged a $60 flat-rate shipping fee at checkout. Some oversized or freight items may have special shipping requirements or exclusions disclosed on the product page or at checkout.

5.4 Risk of Loss

All purchases are made pursuant to a shipment contract. Risk of loss and title for items pass to you upon our delivery to the carrier.

6. Returns and Refunds

The following key terms apply to all returns and refunds. For full details, please refer to our Return and Refund Policy.

• Return window: Returns must be initiated within 30 days of delivery.
• Damage reporting: Damaged, defective, or incorrect items must be reported within 7 days of delivery with photographic evidence.
• Restocking fee: Approved non-defective returns are subject to a 25% restocking fee deducted from the refund total.
• Return shipping: The customer is responsible for return shipping costs on non-defective returns. A prepaid return label will be provided for items confirmed as damaged, defective, or incorrectly shipped.
• Refund timing: Approved refunds are issued to the original payment method within 7 business days of return approval.
• Non-returnable items: Custom or special-order items, installed or assembled items, and items reported outside the return window are not eligible for return.

7. Intellectual Property Rights

7.1 Ownership

All content on the Website, including text, graphics, logos, images, and software, is the property of Patio Air or its content suppliers and is protected by intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes.

7.3 Restrictions

You agree not to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission
• Use any meta tags or other hidden text using our name or trademarks without our express written consent

8. User Content

8.1 Submissions

If you submit or post any content ("User Content") to the Services, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content in connection with operating and promoting the Services.

8.2 Prohibited Content

You agree not to submit any User Content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
• Infringes on any intellectual property or other proprietary rights of any party

9. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating laws and rights: Using the Services for any illegal purpose or in violation of any applicable law
• Disruption: Interfering with or disrupting the Services, servers, or networks connected to the Services
• Unauthorized access: Attempting to gain unauthorized access to any portion of the Services or related systems

10. Disclaimers and Warranties

10.1 "As Is" Basis

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, express or implied, regarding the Services.

10.2 No Warranty

We do not warrant that:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the use of the Services will be accurate or reliable

11. Limitation of Liability

To the maximum extent permitted by law, in no event shall Patio Air, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

• Your use or inability to use the Services
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Services

12. Indemnification

You agree to indemnify, defend, and hold harmless Patio Air and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property or privacy rights

13. Privacy and Your Rights

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Depending on your location, you may have additional privacy rights:

• California Residents (CCPA): You have the right to know what personal information we collect, request deletion of your data, and opt out of the sale of personal information. We do not sell personal information. See our Privacy Policy for full details.
• EEA/UK Residents (GDPR): You have rights of access, rectification, erasure, restriction, portability, and objection regarding your personal data. To exercise these rights, contact us at info@patioair.com.

14. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions.

16. Dispute Resolution

16.1 Informal Resolution

If a dispute arises, both parties agree to first attempt to resolve the matter informally. Customers can contact our support team at info@patioair.com within 30 days of the issue arising.

16.2 Arbitration

If the dispute cannot be resolved through informal means, the dispute will be settled through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in the State of Oregon, United States, and the decision of the arbitrator will be final and binding.

16.3 Class Action Waiver

Customers agree that any dispute will be resolved individually and not as part of any class action, consolidated, or representative proceeding.

16.4 Exceptions

Either party may bring a claim in small claims court if eligible or seek injunctive relief for alleged infringement or misuse of intellectual property rights.

17. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Changes will be effective immediately upon posting to the Website. It is your responsibility to review these Terms periodically.

18. Miscellaneous

18.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in effect.

18.2 Entire Agreement

These Terms constitute the entire agreement between us regarding our Services and supersede any prior agreements.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

19. Contact Information

If you have any questions about these Terms, please contact us:

• Company Name: Patio Air LLC
• Address: 5441 S Macadam Ave Ste R, Portland, OR 97239, United States
• Email: info@patioair.com
• Phone: 1-458-218-7869