Terms & 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.
Our Free Shipping offer applies to the continental USA only. Orders shipped outside of the lower 48 states will incur additional shipping charges.
RETURN POLICY AND CREDITS
Swing-N-Slide is committed to providing fast and efficient service. If you are not happy with your order, we will refund you the total product costs that you were charged minus shipping costs. This policy applies as long as the items are returned within 30 days from shipping date and not opened.
Orders returned do not receive shipping reimbursements and are charged the actual shipping costs to and from our warehouse. If a returned item was a Free Shipping item from us, the refund for the product will be minus the actual shipping charges.
Replacement Parts for Concealed Damage/Defect of Freight
As an unavoidable part of the shipping industry, sometimes packages arrive damaged or defective, or with missing parts. At Swing-N-Slide we guarantee you will receive all parts - correct and functioning properly. All replacement part orders are shipped standard ground delivery (regardless of the initial shipment type) unless the consignee chooses to pay for the difference in expedited shipping.
If your item was sent via freight truck and it was signed for and accepted, the order cannot be returned unless shipping is paid both ways by the customer and the item has not been opened or used/installed. If there is damage, part error, or loss in delivery, your replacement parts will be issued. *Please save a copy of all warranty, receipts, and delivery receipts for your records.
FREIGHT SHIPMENT INFORMATION - CURBSIDE DELIVERY
Playsets and other large items are shipped via Curbside Shipping. Delivery will be done by a tractor/trailer. The driver is only responsible for delivering the order to your curb.
SHIPPING POLICY AND LIABILITY FOR CONCEALED DAMAGE
Swing-N-Slide requires the customer to refuse delivery or note damage upon receipt if an item is in condition not suitable or possibly not suitable for use. Failure to sign a delivery receipt as damaged and/or with missing parts removes Swing-N-Slide and the delivering carrier from any liability.
REPLACEMENT PARTS FOR CONCEALED DAMAGE/DEFECT FREIGHT
Unfortunately, sometimes packages arrive with damaged, defective, or missing parts. At Swing-N-Slide we guarantee you will receive all parts - correct and functioning properly. Swing-N-Slide will replace any parts discovered to be missing from or damaged in the original packaging within the first 30 days from the receipt of the playset. All replacement part and warranty orders are shipped standard ground delivery (regardless of the initial shipment type) unless the consignee chooses to pay for the difference in expedited shipping. If your item was sent via freight truck and it was signed and accepted, the order cannot be returned unless shipping is paid both ways by the customer and the item has not been opened or used/installed. If there is damage, part error, or loss in this situation, replacement parts must be issued.
REPLACEMENT SHIPMENTS FOR DAMAGED ORDERS
If an order is refused at time of delivery due to damage, Swing-N-Slide will resend a new package out as soon as the damaged item is returned to our warehouse. The order must be canceled with a Swing-N-Slide phone customer service representative to avoid having a re-shipment.
CANCELING A RECENTLY PLACED ORDER
As long as an order has not been processed, your order may be canceled. Orders cannot be canceled by email, by message, or after they have been shipped. Please be certain about your order as often times it is impossible to stop a shipment that already has a tracking number placed on it.
From time to time, we may provide promotional offers such as discounts or free services. The promotional offers are only valid from the time they are issued to the expiration date advertised in the ad. To take advantage of these offers a promotional code must be used when ordering. Customers can not use more than one promotional code per order. This means you can not take advantage of two different promotional offers for the same order.
LIMITATION OF LIABILITY
Swing-N-Slide 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 Swing-N-Slide 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.
In the event that a Swing-N-Slide product is mistakenly listed at an incorrect price, Swing-N-Slide reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Swing-N-Slide 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, Swing-N-Slide shall issue a credit to your credit card account in the amount of the incorrect price.
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 Swing-N-Slide 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.
Swing-N-Slide may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Swing-N-Slide.
Your use of this site shall be governed in all respects by the laws of the state of Georgia, 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 Swing-N-Slide products) shall be in the state or federal courts located in Futon County, Georgia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Swing-N-Slide products) must be commenced within one (1) year after the claim or cause of action arises. Swing-N-Slide'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. Swing-N-Slide 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 e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Swing-N-Slide 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.
Swing-N-Slide 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, Swing-N-Slide 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, Swing-N-Slide 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 Swing-N-Slide in its sole discretion.
You agree to indemnify, defend, and hold harmless Swing-N-Slide, 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.
In an attempt to provide increased value to our visitors, Swing-N-Slide may link to sites operated by third parties. However, even if the third party is affiliated with Swing-N-Slide, Swing-N-Slide has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Swing-N-Slide. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Swing-N-Slide 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).