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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. You also agree to our Privacy Policies.

If shipping and billing addresses are different

We do ship to alternate shipping addresses, but ALEKOPRODUCTS.COM has very strict policies to prevent credit card fraud. For us to ship to a different address than your billing address, you must add that address as an "alternate shipping address" with your credit card company. It is a simple process (should only take a few minutes) that allows us to call your issuing bank and verify that the real card holder has verified this as a valid shipping address.

ALEKOPRODUCTS.COM has consulted and worked with many major credit card issuers to establish this policy. Together we have determined this is one of the simplest and most effective ways to help prevent credit card fraud.

This policy has prevented hundreds of potential fraud attempts since we implemented it, and we have even been able to assist in apprehending credit card thieves. We reserve the right to refuse service to anyone.

We offer Free Shipping for all qualified products to the continental US for any amount. For more details on shipping, please check our Shipping Policies page.

LTL Shipping

We reserve the right to use any freight service we prefer. The customer is responsible to check the package for damage upon delivery. It is important to write a note on the freight company’s delivery receipt if you find any damage upon delivery.

PLEASE NOTE THAT IF THERE WAS NO DAMAGE NOTED ON THE FREIGHT PAPERWORK, WHICH YOU MUST SIGN UPON DELIVERY, ALEKO PRODUCTS IS NOT RESPONSIBLE FOR ANY DAMAGE.

Instructions for receiving damaged product from the freight company:

1. When you receive the product by freight, check it to ensure that it is not damaged and that the style and size is correct.

2. If the product is damaged, you can refuse the shipment, however you must indicate damage on the freight company’s BOL (bill of lading) that you refused the shipment due to damage.

2.1. Contact us with your order number and request a replacement, which we will process in timely manner.

3. If the product is damaged and you accept it, you can request a partial refund for the cost of repair (damage must to be noted on the BOL (bill of lading) supplied by the freight company upon delivery).

3.1. If repair costs do not exceed $150, please call us and provide the requested proof of damage. We will issue a refund, with the refund amount determined according to the level of damage.

3.2. If you think that the repair cost will exceed $150 and you would like a replacement, please call us. Our customer service representative will request good quality photos of the damage that show the entire set of gates, BOL (bill of lading) of delivery, shipping labels and the style label on the crate. Your replacement will be processed in timely manner after we receive and review the necessary photos and paperwork.

3.3. In the case of an order cancellation, the customer is responsible for the cost of shipping, both to the customer’s delivery address and back to our warehouse facility.

3.4. The customer is responsible for the reconsignment fee if the delivery address is changed after the order was shipped from the seller’s facility.

Please note that we will need some time to check the BOL (bill of lading) paperwork to confirm that the customer noted damage before we can process any refund or replacement.

Price, Sale and Promotion

All prices, sales and promotions on this website are for this website only as is. We do not honor other websites coupons/promotions. We also do not match the prices of our competitors websites. Please note that current coupons and promos cannot applied on previous orders. Expired coupons and orders cannot be applied to current/future orders.

Copyright

The entire content included in this site, including but not limited to text, graphics and code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ALEKOPRODUCTS.COM. The collective work includes works that are licensed to ALEKOPRODUCTS.COM. Copyright 2003, ALEKOPRODUCTS.COM ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with ALEKOPRODUCTS.COM or purchasing ALEKOPRODUCTS.COM products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with ALEKOPRODUCTS.COM or to purchase ALEKOPRODUCTS.COM products.

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ALEKOPRODUCTS.COM. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of ALEKOPRODUCTS.COM used in this site are trademarks or registered trademarks of ALEKOPRODUCTS.COM

Warranty Disclaimer

This site, materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ALEKOPRODUCTS.COM disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

ALEKOPRODUCTS.COM does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.

ALEKOPRODUCTS.COM does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

ALEKOPRODUCTS.COM 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 ALEKOPRODUCTS.COM 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.

Installation Information

Labor is performed by an independent contractor: The independent contractor status of the installer will not change the price you pay, nor the quality or extent of any warranties of such labor.

Visible merchandise damage or any home damage must be reported to our store immediately by phone and in writing within three (3) days of delivery or installation.

Typographical Errors

In the event that a ALEKOPRODUCTS.COM product is mistakenly listed at an incorrect price, ALEKOPRODUCTS.COM reserves the right to refuse or cancel any orders placed for products listed at the incorrect price.

ALEKOPRODUCTS.COM 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, ALEKOPRODUCTS.COM 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 ALEKOPRODUCTS.COM 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

ALEKOPRODUCTS.COM may deliver notice to you by means of email, a general notice on the site, or by other reliable methods, to the address you have provided to ALEKOPRODUCTS.COM.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, 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 ALEKOPRODUCTS.COM products) shall be in the state or federal courts located in Los Angeles County, California.

Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ALEKOPRODUCTS.COM products) must be commenced within one (1) year after the claim or cause of action arises. ALEKOPRODUCTS.COM'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. ALEKOPRODUCTS.COM may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via email, chat, or by the use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ALEKOPRODUCTS.COM or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited.

You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

ALEKOPRODUCTS.COM 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, ALEKOPRODUCTS.COM 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, ALEKOPRODUCTS.COM 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 ALEKOPRODUCTS.COM in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless ALEKOPRODUCTS.COM, 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.

Payment by check

Please note that payment by check takes longer then credit card order. Will need at least 2 weeks for the check to clear before we are able to ship your order.

Third-Party Links

In an attempt to provide increased value to our visitors, ALEKOPRODUCTS.COM may link to sites operated by third parties. However, even if the third party is affiliated with ALEKOPRODUCTS.COM, ALEKOPRODUCTS.COM has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ALEKOPRODUCTS.COM. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ALEKOPRODUCTS.COM seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

ALEKO is offering a mobile messaging program, which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of ALEKO Home and Garden Goods promotions, company reviews, and brand updates.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@alekoproducts.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Voxie Ventures, LLC d/b/a Voxie or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in [COMPANY’S CITY, STATE] before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which [COMPANY NAME]’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.