Poggesi Terms and Conditions of Sale
Please read through the following information carefully. These Terms and Conditions are a material part of the attached sales order and are legally binding.
1.- Returns and Exchanges
Suntyx, LLC d/b/a Poggesi USA (“Poggesi”) offers high quality products at the very best value possible and we want you to be completely satisfied. If a product fails to meet your expectations, our sales team will work to come to a reasonable and expedient solution, subject to the terms and conditions contained herein. Custom items are non-returnable and non-refundable under any circumstances, since they are composed of sub-items that are built according to your own specifications and requirements. Only items that are specifically and clearly identified as standard, can be returned within 10 days from the time of delivery. A 20% return fee applies to any returned merchandise, subject to other terms and conditions set forth below. Upon receiving Poggesi’ written approval for a partial or total return, you will receive shipping and packaging instructions. All shipping expenses related to said return will be your financial responsibility. Poggesi has the right to reject any return of damaged merchandise.
Payment for merchandise shall be made as follows: 50% of the total purchase price shall be paid upon placing the order and the remaining balance shall be paid prior to shipment. You are liable for payment of the entire cost of your purchase. Payment can be made by ACH, wire transfer or check. Poggesi also accepts payments with credit card, subject to a 3% transaction fee. Returned checks are subject to a $50 fee.
3. Sales Tax
On all orders delivered in Florida, Poggesi will apply a 6% Sales Tax, plus the levy local tax (of up to 1.5%) depending on the actual county. Sales Tax will not be applied if the delivery takes place outside Florida, provided Poggesi has no nexus in that given State. Upon presentation of a valid Florida Annual Resale Certificate for Sales Tax, sales tax will not be charged. None of the preceding relieves your responsibility of complying with your local State Tax obligations. Please consult your Tax advisor to obtain comprehensive information pertaining Sales Tax.
4. Shipping and Delivery
Standard delivery time is 6 to 8 weeks but is subject to change and cannot be guaranteed. Due to the increase in US Customs security, delivery time could be negatively affected by an additional 4 weeks and is outside the control of Poggesi. We will endeavor to keep you informed on the progress of your order. Delivery is subject to reasonable and safe access. Hoisting and any other extraordinary measures necessary to accomplish delivery are at your risk and any additional cost must be paid by you at or before the time of delivery. A minimum re-delivery fee of $400.00 will be charged to you if, after a delivery is scheduled with you, you are not at the delivery address, unable to, or do not accept a scheduled delivery and a second delivery trip is required. A storage fee of 3% per month of the total order amount will be charged to you if delivery is not accepted within 30 days after notice of availability of merchandise for delivery or the delivery date on the original Purchase order. If you fail to accept delivery for 90 days after notice of availability of merchandise for delivery, at Poggesi’s sole discretion and at any time thereafter, we will cancel your order YOU WILL FORFEIT YOUR DEPOSIT TO POGGESI AND WAIVE ALL INTERESTS IN THE MERCHANDISE.
Poggesi carefully scrutinizes all merchandise before being packaged for shipment. It is your responsibility to inspect ALL merchandise upon delivery. Should there be any visible damage of any kind, please make sure that the shipping documents [B/L] disclose such casualty. In addition, all packages should be opened and inspected within 72 hours of delivery, to determine if there was any concealed damage. In either circumstance, please provide Poggesi with a detailed report of the damage, enclosing the necessary pictures. Failure to report said situation within 72 hours will relieve Poggesi of any responsibility.
6. Installation and Groundwork
Poggesi offers a series of bases, ranging from stand-alone to bolt-down and in-ground bases (jointly “foundation bases”). Should you decide to acquire foundation bases, Poggesi will provide you with the specific ground requirements. Regardless of the base type, you will be responsible for all the installation, including but not limited to: the hiring, remuneration and coordination of qualified professionals such as engineers, architects and contractors. Customer understands the former statement, and categorically releases Poggesi from any responsibility related to the installation.
7. Warranty Coverage and Exclusions
- General Conditions
- Poggesi’s products are manufactured with the highest standard materials, and are warranted to be free from material defects in workmanship, materials, and construction.
- Although our umbrellas —de facto regarded as collapsible shade products, are specifically made for outdoor use, and have gone through severe wind resistance tests, Poggesi discourages the use of any umbrella in unfavorable weather conditions where wind speed exceeds 30 mph. In order to warrant the safe operation of our products, they must be properly installed to the Poggesi-manufactured bases, following the corresponding installation instructions. Furthermore, Poggesi will not cover any damage to an umbrella or base which occurs as a result of contact with the ground or any other foreign object including damage which occurs as a result of sudden and severe weather events or other extreme acts of nature. In general, Poggesi recommends that all umbrellas be securely closed when not in use.
This limited warranty covers top and bottom hubs, connecting triangles, all stainless-steel hardware and main pole structure for a period of fifteen (15) years. Endless screw mechanisms carry a limited warranty of five (5) years. Finally, winches [winding mechanism], iron steel bases, cables, cranks, ribs and caps carry a limited warranty of three (3) years. Powder coat finish of all Poggesi frames is warrantied for a period of eighteen (18) months. Our products are not warranted against normal wear and tear, damage resulting from improper use, accidents, abuse, neglect, or damage or appearance changes resulting from improper care or storage. This warranty does not cover (a) the effects of extreme high/low humidity, (b) any type of scratches or abrasions to finish caused from moving, (c) rust or tarnishing resulting from said scratches or abrasions to finish or (d) stains or changes in color/texture. Any product modification voids this warranty. Some states do not allow the exclusions and limitations on incidental and consequential damages or the limitations on implied warranties, so the described limitations may not apply to you. However, proper care and use are essential for preserving your rights under this warranty. If damage occurs under the aforementioned warranties, Poggesi will replace or repair any item at its own discretion.
- Canvas fabric
Poggesi adheres to the specific manufacturer’s fabric warranties, which protect against the fabric losing its color or strength from extreme exposure conditions, such as sunlight and mildew. Said warranties do not cover normal care and cleaning or damage from misuse or abuse. If any fabric is rendered unserviceable by loss of color or strength from extreme exposure conditions, such as sunlight and mildew, Poggesi will replace or repair the fabric at its discretion. Labor charges will apply to the cutting and sewing of any fabric replaced under warranty. This limited warranty is valid for a period of ten (10) years. The redeemable value of all warranties provided herewith shall be prorated over the life of the specific limited warranty itself. Fabric warranties shall never include the cost of labor and any associated cut and sewing costs.
- Umbrella Accessories
In some situations, you may wish to purchase from third parties accessories and attach them to Poggesi products. Should there be any damage to Poggesi products, caused by the mentioned third-parties accessories, Poggesi will not be held liable for direct or indirect losses arising from any such damage. It is also understood that such accessories cannot hinder the normal opening and closing operations of the umbrellas. Customer understands the former statement, and categorically accepts all responsibility by installing third-parties accessories.
In all cases, the warranty claimant shall be responsible for all shipping charges incurred by claimant or Poggesi as a result of a warranty claim. Warranty covers only parts. Labor for installation of parts covered under Poggesi Warranty is not included. All warranty claims must be submitted with a copy of the original invoice, a description of damaged product, including how the damage occurred, along with photos of the damaged product. Poggesi reserves at its sole discretion the right to repair, replace, or redesign any product that is returned as a result of a warranty claim.
THE REMEDIES PROVIDED IN THIS CONTRACT ARE EXCLUSIVE AND, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ARE IN LIEU OF ALL OTHER REMEDIES, WARRANTIES, OR REPRESENTATIONS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS AND LIABILITIES, WHETHER IN CONTRACT OR IN TORT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED HEREIN. IN NO EVENT SHALL POGGESI BE LIABLE FOR SPECIAL OR CONSEQUENTIAL OR OTHER DAMAGES.
8. Legal and Other Terms
Poggesi may update or modify these Terms and Conditions at any time and without prior notice. For this reason, you should review these Terms and Conditions each time you purchase products from us. Any action relating to your purchase from Poggesi must be brought in the state or federal courts located in the State of Florida, Broward County. Certain names such as Poggesi™, Gesi™ are proprietary and are owned by Poggesi as registered service marks or trademarks. This material is protected under copyright by Poggesi with all rights reserved. This contract contains the parties entire contract and may not be superseded unless agreed to in writing by each party. If any term of this contract is invalid or unenforceable, the remainder shall be enforced.