Usage Policy

The information on the www.thesuncastle.com web site is protected by Copyright. All rights are reserved. All web graphics and pictures are owned by The SunCastle, Inc. and are the property of The SunCastle, Inc. protected by United States copyright laws and international treaty provisions. Title, ownership rights, intellectual property rights and copyrights to the web graphics, pictures and including any online documentation, whether or not modified by anyone, remains the sole property of SunCastle, Inc. No portion of the information on this web site may be reproduced in any form without the prior written permission of The SunCastle, Inc.

The trademarks and logos displayed on this Web site are the property of The SunCastle, Inc. Terms and Conditions and any disputes related to this web site shall be governed by and enforced in accordance with the laws of the State of New York and International Copyright Law.

No order is complete until you fill in billing and shipping information on the order form therefore you can add or remove items at any time. If a problem presents itself please feel free to contact us with any questions or problems at: 1-800-556-0430 or you can e-mail us at sales@theSunCastle.com.

For general information contact: info@theSunCastle.com

Privacy Policy

This Policy is designed to assist you in understanding how this site collects, use and safeguards the personal information you provide to The SunCastle Inc. and to assist you in making purchases.

What Information Do We Collect and How Do We Use it?

When you visit this site you may provide The SunCastle Inc. with two types of information: personal information you actively choose to disclose ("Active Information") through making a purchase or contacting The SunCastle Inc., and use information collected, in a way not visible to you, on an aggregate anonymous basis as you and others browse our Web site ("Passive Information").

No Use of Our Site by Persons Under 13

No person under 13 should disclose information on this site. You may learn more about protecting children's privacy online by visiting a website provided by the Federal Trade Commission at www.ftc.gov/kidzprivacy.

Active Information You Disclose For Purchase

If you make a purchase online via www.thesuncastle.com, The SunCastle Inc. collects your name, billing address, billing phone number, email and credit card information. The SunCastle Inc. uses such information only for processing your order and to contact you via email to send you confirmation of that order.

Passive Information Collected

Our site utilizes a standard technology called "cookies" to collect information about how this site is used. Passive Information gathered may include the date and time of visits, the site pages viewed, time spent at this site, the sites visited just before and just after this site. Passive Information is collected on an aggregate basis without any association to your personal information so that you remain anonymous. If you do not wish to transmit "cookie" information about yourself, you may turn off the cookie function in your web browser; please consult the "Help" section of your browser to correctly do so.

We use Passive Information to gather information about this users and to enhance and design this site to make it easier, faster and friendlier to use. Additionally, cookies help The SunCastle Inc. know information about how many people visit this site, when they visit and how they use this site. We do not connect any of this information to your personal information or email address.

What is a Cookie?

Cookies are a feature of web browser (Internet Explorer, Netscape Navigator, etc.) software that allows web servers to recognize the computer used to access a site. They are small pieces of data that are stored by a user's web browser on one site to simplify subsequent interactions with that site by the same user or to use the information to streamline the user's transaction on related web pages. This makes it easier for a user to move from site to site and to complete transactions over the Internet. Cookies should make your online experience easier and more personalized.

Sharing Information with the Government or As Otherwise Required by Law

We may be required by law or government agency to disclose both Active and Passive Information you have provided to The SunCastle Inc. and will do so if required by law or subpoena, or for enforcement of or claims regarding our purchase agreement license.

How Do We Secure Active Information and Passive Information?

We secure your personal information submitted by you by using reasonable efforts to prevent unauthorized access or disclosure, or accidental loss or destruction, reprobation, of Active Information and Passive Information. Other communications you may have with The SunCastle Inc. via email may not be secure unless The SunCastle Inc. advise you that security measures are in place prior to your sending information. Therefore, if you choose to communicate with The SunCastle Inc. through these means, you are assuming the risk of doing so and The SunCastle Inc. requests that you do not send or post sensitive information through these means.

How Can You Choose Not to Receive Information from Us or to Correct, Delete or Access Your Information

If you desire not to receive information or if you wish to access, delete or correct your information, please send email to info@thesuncastle.com.

Terms and Conditions

Your TheSunCastle.Com Order Agreement.

A. Terms of Online Order

Placing Your Order

You may contact The SunCastle Inc. toll free at 1-800-556-0430. You may also e-mail us at info@thesuncastle.com. Any inquiries related to an existing order should be e-mailed to: sales@thesuncastle.com.

Please be sure to verify that you are looking at the latest product and pricing information available at TheSuncastle.Com by "refreshing" or "renewing" any web page displaying products for purchase; (otherwise you could be viewing a cached page on your computer rather than the most current information on the site).

Order Terms

Because of the one-of-a-kind nature of your purchase, and/or the discount involved, no refund or replacement will be issued should you cancel your selection seven days after your order has been accepted. We offer great pricing and value by providing services that coordinate the placement of your order into a highly efficient production and overseas fulfillment process. These specialized services are provided and earned in their entirety when your order is placed and entered into our system. By this means we eliminate costly warehousing, display and inventory related costs which allow us to pass on reduced costs to you, our valued customer.

Note that your order is not deemed "Properly Completed" until such time we receive your financial commitment and have confirmed, in writing, all information required to properly process your order. Because each Properly Completed order is manufactured specific to each customer's requirements, order shipment times are indefinite and otherwise subject to delay specific to unanticipated consumer demand, shortfalls in manufacturer supply availability. Manufacturer or shipping company notice of order time delay shall not constitute cause for order termination and in no event shall product availability or manufacturing delay of any item constitute cause to terminate any other portion of the order. We reserve the right to refund the amount paid by the customer for any individual item or the portion of an order deemed undeliverable.

Payment Methods

The SunCastle Inc. accepts MasterCard, Visa, Discover, American Express, personal checks, money orders, cashiers checks, and wire transfers. At this time, we do not offer C.O.D. terms. Please contact us for details if you would like to pay by check, money order or wire transfer. Returned checks will incur a $25.00 charge for handling.

All credit card orders or orders paid by check require a minimum 1/3 deposit at the time the order is placed, with the balance being paid or charged to your credit card at the time your order is released from the manufacturer and is ready for shipment to the contracted delivery company to fulfill your order. Depending on where you live or the type of order you place, shipping from manufacturer for delivery to your home may exceed the billing cycle on your credit card or other financing sources. All orders that are delivered via UPS or RPS delivery systems are due in full at the time of purchase.

Sales Taxes and Governing Law

The SunCastle Inc. is not responsible for collecting or submitting sales taxes for any state other than the State of New York. Each state manages and dictates its own policies and requirements. All terms and conditions contained in this order agreement (the "Agreement") constitutes our Agreement and binding commitment with you, governed by and construed in accordance with the laws of the State of New York and further subject to the rules of binding arbitration as set forth hereunder.

Warranties

All of the products offered through TheSunCastle.Com come with a full manufacturers warranty. These warranties vary in length from one year to limited "lifetime." Specifics on getting warranty service will depend on the item, the nature of the problem, the manufacturer and your location. Further details on manufacturers warranties will generally be attached when you get your new furniture. Keep in mind that the manufacturers warranties do not cover labor or transportation beyond one year; even a "lifetime" warranty covers the replacement parts only. Although we cannot guarantee the customer's pleasure in his or her selection, we warrant that all merchandise will be shipped in a manner meeting standards set by the manufacturer. The manufacturer's warranty begins at the time merchandise is delivered. Except for this, there are no other warranties expressed or implied, including but not limited to, implied warranties of merchantability, fitness for particular purpose, product availability, manufacturer order approval, order fulfillment time, etc., and all such warranties are specifically disclaimed. The SunCastle Inc. shall not be responsible for any indirect, special or consequential damages related to warranty of product, delivery or delivery timing other than as specifically set forth herein. Call us during normal business hours or e-mail us at sales@thesuncastle.com . We'll be glad to help!

Should you have a problem related to manufacturer defect or damage, we will contact the manufacturer to arrange for local repair or replacement as allowed under the terms of the respective manufacturer's warranty and at their discretion. We will act as your interface to the manufacturer and help with implementation of any needed warranty service to insure the work is performed in a timely and professional manner. To ensure your satisfaction, The SunCastle Inc. only uses shipping professionals who specialize in home furnishings. Every piece will be handled with the utmost care, and moved on furniture vans.

It is your responsibility to verify the size and dimensions of the merchandise will fit in the designated room and entrance passages by a comfortable margin. If delivery to the designated room involves limited maneuverability because of narrow halls, doorways or stairwells, etc., The SunCastle Inc. will not be responsible for any damage that could result in attempting placement. If setup in your designated area is not conveniently feasible, delivery and set up will only be made to an accessible area. Please be sure to clear the designated room and the path leading to it of any obstacles in advance of the delivery date!

Order Tracking

Approximately two to four weeks after we have notified you of release and shipment of your Properly Completed order from the manufacturer, you can contact us via e-mail tracking@thesuncastle.com and we will track your order as it moves from the factory through the delivery distribution system, to your home. You can get a status report by sending e-mail with the subject line reading "Tracking Request" and we will begin tracking your order with the manufacturer(s). This service is available on most orders, though exceptions may apply, with delivery times subject to our third party shipping company's ability to contact you and establish a time for delivery.

Notification of Delivery

The shipping company who is obligated to fulfill delivery of your order will contact you prior to delivery, so as to establish an approximate time window for you to receive your delivery. NOTE: We employ third party shipping companies and are not responsible for consummating delivery. We will assist in tracking your order as set forth above and help you with any manufacturer or delivery related claims.

If no one is at home when delivery is attempted, you will incur a minimum re-delivery charge of $95.00 per order - So be sure to have someone there to receive your delivery during the time window the delivery service has given you. If your home is not accessible to the delivery truck, we will assist in arranging for the transport your merchandise to the nearest accessible point and it will be your responsibility to provide a means of transportation from the truck to your home.

You may incur a remote delivery surcharge if your ship-to address falls outside of the geographical area normally served by our carriers. Call us for details.

When Your Delivery Arrives

When your order arrives be prepared to open the cartons and inspect your furniture. Any damage must be noted on the freight bill at the time of delivery.

NOTE: It is your responsibility to note on your signed delivery copy any damage or defects with your furniture at the time of delivery. You may also call us for assistance. We are available at normal business hours care of: 1-800-556-0430 or email: service@thesuncastle.com

In the Event of Damage or Defects

In the event of damage or a defect in an item, the shipping company may be able to correct a minor problem on the spot. If not, the shipper will return the item to the nearest distribution center to professionally correct the problem. If damage is not noted at time of delivery you may face significant delays and additional expense to correct the damage. The problem will be corrected, at no additional expense to you, by you inspecting your order and noting any damage at the time of delivery.

Worldwide Delivery Available

International delivery (including Alaska and Hawaii) is now available. The SunCastle Inc. will get your order to the nearest U.S. port, but it is the customer's responsibility to make arrangements to get the merchandise from the U.S. port to its final destination.

Cancellations and Return Policy

As soon as you place your order, we begin the procurement process from your chosen furniture manufacturer. Once the order is placed, The SunCastle Inc. and its respective customers each become financially obligated to purchase the products ordered after 72 hours. Therefore, The SunCastle is not generally able to accept cancellations after 72 hours of receipt of your order confirmation. We may, at our discretion, make an exception to this policy, in which case a restocking charge of 1/3 of the purchase price, plus actual shipping charges, will apply. An authorized Supervisor or Manager must approve all exceptions in writing. Further, in the event that an item is returned in damaged condition following cancellation, additional charges for repairs will apply - so please be sure it is very well packed, padded and wrapped up well. Return shipping expenses can be substantial, call for an estimate.

No orders are shipped "on approval". Any errors in pricing or mistakes in arithmetic on your order are subject to correction. You are responsible for checking your order confirmation for accuracy. We are not responsible for order errors of any kind if you fail to notify us with specific order errors within 72 hours of receipt of your order confirmation. Please be sure all the items needed for a complete and successful delivery are listed on your confirmation.

Credits and Accounts

Crediting or debiting of any credit card or finance company account shall be governed exclusively by this Agreement. In the event that we determine to provide credit to your account in accordance with the terms and conditions of this Agreement, after verification, The SunCastle Inc. will issue credit to the original account number as originally charged to. For instance, if the original transaction was charged on VISA, MASTERCARD, DISCOVER or AMERICAN EXPRESS, then the credit will be issued to the card or account used in the first instance. If the purchase was financed, your account with the involved finance company will then be credited. Anticipate account crediting within 30 days of our notifying you of your account credit amount. The SunCastle Inc. reserves the right, in it's sole discretion, to charge a minimum service fee equal to the amount of customer order amount in instances where the customer provides (i) incorrect credit card or billing information, (ii) initiates "charge back" of funds used to initiate purchases with credit card companies or finance companies in violation of this Agreement, (iii) delivery addresses not matching credit card billing addresses without prior notice and verification by The SunCastle Inc. In order to eliminate instances of fraud or other actions not consistent or in conformity with this Agreement, Customers must contact The SunCastle Inc. in writing with respect to any claim, dispute or cause of action c/o service@thesuncastle.com

Specials And Limited Time Offers

All sales, special offers, and limited time discounts are available for appointed time periods only. They cannot and will not be applied to sales closed before or after such time periods.

Our Mission Statement

Our mission at The SunCastle is simple: To add beauty, comfort and convenience to our customers' homes and lives... and, give them a great home furnishings value in the process!

So compare brands; read the specs; note the construction details; compare delivery costs and service policies then compare prices. We think you'll agree, TheSunCastle.com is the best place to find and buy your new SunCastle Outdoor Recliner

B. ADDITIONAL TERMS AND CONDITIONS OF USE.

1. LAWS AND REGULATIONS. User access to the Site is subject to any and all applicable federal, state and local laws and regulations.

2. COPYRIGHT. All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The SunCastle Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of The Suncastle Inc. and protected by United States and international copyright laws. All software used on this site is the property of The SunCastle Inc. or its software suppliers and protected by United States and international copyright laws.

3. OWNERSHIP/LIMITED LICENSE. The SunCastle Inc. owns all information, content, materials, and other items on the Site (collectively "The SunCastle.Com Materials"). Subject to these Terms and Conditions of Use, The SunCastle Inc. grants User a limited, non-exclusive, non-transferable, revocable right to view, print and use this Site and The SunCastle.Com Materials provided herein. The SunCastle.Com authorizes User to view and use this Site solely for User's own internal business purposes. This limited authorization is not a transfer of title in or to The SunCastle.Com Materials and User further agrees to the following restrictions: (I) User must retain all copyright, trademark and other proprietary notices contained in The SunCastle.Com Materials; (II) User may not modify The SunCastle.Com Materials in any way or reproduce or publicly display them; and (III) User must not transfer The SunCastle.Com Materials to any other person or third party unless such person or third party agrees to accept and abide by these Terms and Conditions of Use. User agrees to comply with all applicable copyright, trademark, and other intellectual property laws in using this Site. Except for the limited license provided herein, User does not acquire any ownership interest, express or implied, under any patents, trademarks, copyrights or trade secret information viewed through the Site. Users of this Site are prohibited from modifying, copying, distributing, displaying, creating derivative works or using any of The SunCastle.Com Materials on this Site for commercial or public purposes.

4. NO WARRANTIES/DISCLAIMER. THIS SITE AND THESUNCASTLE.COM MATERIALS ARE PROVIDED ON AN "AS IS" BASIS AND AS SUCH THIS SITE AND THESUNCASTLE.COM MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THESUNCASTLE.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE THESUNCASTLE.COM MATERIALS OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THESUNCASTLE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESUNCASTLE.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR E-MAIL SENT FROM THESUNCASTLE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESUNCASTLE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

5. REGISTRATION/PERSONAL INFORMATION. User may have the opportunity to provide certain personal information to access certain portions of this Site. The collection or use of such personal information shall be governed in accordance with The SunCastle Privacy Policy.

6. LINKS. TheSunCastle.Com may provide hyperlinks on this Site links to other Web sites. If User links to these sites, User will leave this Site and User does so at User s own risk. TheSunCastle.Com makes no warranty or representation regarding any linked Web sites or the information appearing on such linked sites. The links do not imply that TheSunCastle.Com sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in the linked sites. TheSunCastle.Com prohibits caching, unauthorized hypertext links to this Site, or the framing of any Materials available on this Site. As such, TheSunCastle.Com reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Materials available on any other Web site linked to this Site. Users should be aware that linked sites may contain rules and regulations, privacy policies, confidentiality policies, and other provisions that differ from the provisions of this Site. TheSunCastle.Com is not responsible for such policies and expressly disclaims any and all liability related to such policies.

7. LIMITATIONS OF DAMAGES. IN NO EVENT SHALL THE SUNCASTLE INC., ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS EMPLOYEES, AND/OR SHAREHOLDERS HAVE ANY LIABILITY HEREUNDER TO ANY USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMIATION, ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF INFORMATION, LITIGATION, OR THE LIKE) THAT ARE RELATED TO THE USE OF THE SUNCASTLE INC. MATERIALS AND THIS SITE AND THAT ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE SUNCASTLE INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE SUNCASTLE INC. AND USER REGARDING USE OF THIS SITE. THIS SITE AND THE SUNCASTLE INC. MATERIALS WOULD NOT BE PROVIDED TO USER WITHOUT SUCH LIMITATION ON DAMAGES.

8. ACCESS TO PROTECTED/SECURE AREAS. Access to and use of password-protected and/or secure areas of this Site are restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

9. VIOLATIONS OF TERMS AND CONDITIONS. The SunCastle Inc. reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use.

10. DISPUTES. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Reasonable attorney fees and/or collection costs will be assessed to and paid by the customer to The SunCastle Inc. where (I) there is any past due unpaid balance under this Agreement, or (II) where a claim or action is brought in any other jurisdiction. The SunCastle Inc. reserves it's right to modify this Agreement at any time at its sole discretion.

11. SECURITIES LAWS. This Site may include statements concerning The SunCastle Inc. operations, prospects, financial condition and demand for our products, as well as plans and objectives that are forward looking. These statements are assumptions that are subject to many factors, many of which are beyond our control. The Site and the information contained herein does not constitute an offer or a solicitation for the sale of securities. None of the information contained in this Site is intended to be and shall not be deemed to be, incorporated into any securities-related filings or documents.

12. INFORMATION/PRESS RELEASES. This Site contains information and press releases concerning The SunCastle Inc. While this information was believed to be accurate to the best of The SunCastle Inc. knowledge when put on this Site, The SunCastle Inc. expressly disclaims any duty or obligation to update such information or keep such information current.

13. GENERAL. User agrees to review these Terms and Conditions of Use prior to reviewing any information from the Site. Any cause of action User may have with regard to the use of this Site must be instituted within one (1) year after the claim or cause of action arises or be deemed forever waived and barred. If any court of competent jurisdiction finds any provision of this Agreement to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of this Agreement shall be separately enforced.