Legal |
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Shed-Barns.com
is owned and operated by Barns.com Incorporated, a
nationwide company based in Winston-Salem, North
Carolina.
Barns.com Inc nor
any of the other sponsors, contributors, make any
representations or warranties regarding the
accuracy, reliability, completeness, currency or
usefulness of any content contained in or linked
from this web site, any give-a-ways, any contests,
etc.
Content may
include inaccuracies or typographical errors.
Changes are periodically made to the information
herein. In all events, you - and not
Shed-Barns.com or any of the affiliates or partners - bear
complete responsibility for any reliance on such
content. Nothing herein should be construed
as providing legal advice of any kind!
Questions,
issues or comments concerning our disclaimers
& legal information, terms & conditions
and rules & regulations should be directed in
writing at:
Barns.com, Inc.
Post Office Box 11568
Winston-Salem, North Carolina 27116 USA
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Effective
Date:
November 2, 2009 |
Last
Updated:
November 2, 2009
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Thank
you for checking our Legal and Disclaimer
information. We will try to make
this information brief and to the point.
We're in the business to build a structure
for you, not legal mumble-jumbo!
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General
Disclaimer & Terms and
Conditions
The bottom line is that you'll
know the bottom line. We build the
exact structure you want and you
know exactly how much you'll pay
for it. The pricing on the
website(s) operated by Barns.com
Inc may vary, we hold no
responsibility or represent any
obligations for any possible
technical problems and/or errors
in pricing. Once your order
is placed through your sales
representative, it will be
processed pending approval from
management, until then we have the
right to refuse any order for any
reason and also hold the right to
change pricing at any time prior
to order confirmation.
(example: if you get a
structure estimate, the next day
the price may be different if we
have a discount sale or price
increase) It's not likely
that there will be any
differences, this is purely our
disclaimer just in case.
Orders through manufactures must
be confirmed by the manufacturers
district office before being
accepted. Barns.com Inc will
notify customers within 72 hours
of placing order if there are any
pricing differences or bracing
recommendations. In some
cases there many be differences in
pricing due to some areas
requiring extra features.
This rarely happens but it is a
possibility. Rest assured
that customer's interest is
priority. In order to better
server it's customers, Barns.com
Inc contact the manufacturer's
district office (according to
local order placed) to confirm
pricing and order details within
24 business hours of order being
taken incase there are any pricing
differences of the special order
item.
Barns.com Inc owns and operates
many online websites which will
always have "Barns.com
Inc" link back at the bottom
of the page for verification
purposes. Taxes
are applicable to all units that
are delivered and installed sales
because the manufacturer delivers
and installs the product for you.
The Internet "no sales
tax" does not apply to
products such as installed
structures because the
manufacturer actually comes out
and installs the product for you
instead of shipping it through a
common carrier such as FedEx or
UPS.
Returns,
Cancellations and Refund Policy
Policy
for all brands offered:
In
order to be very clear with all
customers, we go over our policy
throughout several steps of our
ordering process.
1. When the order is placed,
verbally by telephone.
2. All order calls
are recorded and placed on file
for any question.
3. At the bottom of
every page of our website, under
Disclosures & Legal.
4. In the emailed
order receipt, detailing our
policies, which we retain a
carbon-copy
of
to keep as proof that customers
receive the order receipt.
OUR
REFUND POLICY:
Barns.com
Inc, does not offer a refund
because every order placed is a
special order.
When ordering, your sales
person recorded the confirmation
on the phone when you agreed to
our no refund policy, which reads,
“This
portion of the call today will be
recorded and kept on file for
future reference.
The order you are placing
today may be canceled.
If you do cancel, your
initial down payment that you are
putting towards your order today,
is not refundable.
The reason the down payment
is non refundable is because it
goes towards the preparation,
paperwork and processing of your
order today.
It is our customer’s
responsibility to know if they
need a permit or not before they
place their order. In the event
that you do cancel the order you
are putting in today, the down
payment will be lost since it is
used towards the preparation,
paperwork and processing of your
order today. If your order
placed today is deemed a special
order by our manufacturing
supervisor, the order may not be
canceled because it will be
impossible to re-sale your special
ordered structure with your custom
specifications. By ordering today,
you are agreeing to our policy.”
This
policy is recorded digitally and
stored, and signed off my a
manager on duty along with the
sales person taking the order.
There
are absolutely no exceptions to
our refund policy.
It is up to you to work
with the manufacturer to setup
delivery, installation, etc.
At no time is the sales
office (Barns.com Inc) responsible
for unexpected circumstances due
to manufacturing process,
installation process or delivery
process.
If circumstances arise, it
is the responsibility of the
customer to work that out with the
manufacturer, delivery agent or
installation crew solely, not
Barns.com Inc. Even if the
customer cancels the order and
refuses delivery and/or
installation, our services
preformed are for the preparation,
paperwork and processing of the
order, not towards the product
itself.
In
order to show good faith with our
refund policy, Barns.com Inc will
retain a store credit for the
amount of down payment paid at the
time of order. That store
credit may be used towards the
future down payment of a future
order placed with our company.
The store credit must be used
within three (3) years or the
credit will be forfeited.
Barns.com
Inc is not responsible for any
manufacturers, delivery agents, or
delivery agents' guarantees,
warranties, installation issues,
delivery times, and any other
unforeseen problem(s) that could
arise throughout the process of
delivery, shipping and/or
installation. Barns.com Inc
will work in good faith with the
customer and the manufacturer to
assist in resolving issues if any
develop as long as both parties
are giving reasonable and
conscious effort to resolve the
issue. Barns.com Inc takes
great pride in selling the our
featured brands but are only hold
responsibilities of a
"dealer" for these
manufacturers, deliverers and
installers. As a dealer,
Barns.com Inc reserves the right
to hold down payment(s) made to
Barns.com Inc to be non-refundable
because the down payment is
considered for the preparation,
paperwork and processing of your
order, not towards the actual
product itself.
Free
Solar Light Terms and Conditions
Shipping
and handling fees for the Solar
Light System is $39.00 and only
available to customers within the
continental United States.
The Solar Light System is a extra
add-on only offered free by
Barns.com Inc, and is installed by
the customer after the structure
is delivered. There is no
warranty for the Solar Light
System other than from the
manufacturer of the Solar Light
System. For further specific
details and information on the see
the details contained inside the
product packaging for the Solar
Light System. The Solar
Light System is free for customers
who order a structure from
Barns.com Inc only. There is
a charge for shipping and
handling, which is $39.00 dollars
to any location inside the
continental United States.
The Solar Light System may not be
picked up at any local office or
be brought along when installers
install your structure because it
is disturbed through a third party
distribution warehouse. The
Solar Light System is a
do-it-yourself lighting kit
offered free exclusively by
Barns.com Inc. The Solar
Light System may be returned at
the customer's expense but
customers will not receive a
refund because the only charge to
customers who receive it is for
the shipping and handling - which
is not refundable. Customers
who buy the Solar Light System
from our website directly who have
not purchased a structure, may be
eligible for a refund of the
product cost after returning the
product in good condition and
unused at their expense, but may
not be refunded the amount of the
order that was for the shipping
and handling.
Special
offers are for new customers only,
not valid for previous orders or
in combination with other offers
unless approved by a member of
management. The Solar Light
System is only available while
supplies last. The Solar
Light System Coupon is only valid
one per customer. Pricing
varies by state and is not
guaranteed to be less than any
other daily pricing, due to
variation of delivery areas, etc -
select areas may be reduced while
others remain the same for various
reasons. Barns.com, Inc.
operates in every state, thus the
reason for a disclaimer to cover
areas which are not affected by
the special sale(s) we offer.
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General
Website Information
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Terms of Use
The
information in this site is
protected by copyright. You may
only use the information, text or
graphics contained in this site
for your personal use and may not
reproduce, adapt or publish it, in
whole or in part, for any purpose
without the express written
consent of Barns.com Inc. The
Barns.com Inc names and logos, are
trademarks of Barns, Inc. and
these logos may not be used,
downloaded, copied or distributed
in any way without prior written
permission.
Limitation
on Scope of Content
This
web site contains information
regarding its products and
promotional programs. The
Barns.com Inc products described
on this site contain uniquely
American specifications and
equipment and are offered for sale
within and outside the U.S.A.
(excluding some states). The
promotional programs described on
this site are available only in
those states and territories of
the U.S. (excluding some states)
as specifically referred to within
the description of the program.
All pricing information referred
to on this site is in U.S.
dollars.
This
policy may be modified from time
to time; the date of the most
recent revisions will appear at
the top of this page, so please
visit us frequently.
No
Representation or Warranty
Barns.com
Inc reserves the right to modify
the information contained on this
site at any time without notice.
While Barns.com Inc makes all
reasonable efforts to ensure that
all material on this site is
correct, accuracy cannot be
guaranteed and Barns.com Inc DOES
NOT assume any responsibility for
the accuracy, completeness or
authenticity of any information
contained on this site. This site
and all information and materials
contained herein, is provided to
you "as is" without
warranty of any kind.
Hypertext
Links to External Sites
This
site may contain hypertext links
to other World Wide Web sites,
which are completely independent
of this site. Barns.com Inc makes
no representation or warranty as
to the accuracy, completeness or
authenticity of the information
contained in any such hypertext
link, and any hypertext link to
another person or entity shall not
in any manner be construed as
endorsement by Barns.com Inc of
such person's or entity's World
Wide Web site, products or
services. Your linking to any
other off-site pages or other
sites is at your own risk.
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Terms
and Conditions
Quick Reference
- Smart
Siding comes with a 50 year limited warranty.
- Smart
Panel comes with a 25 year limited warranty.
- DuraTemp
comes with a 30 year limited warranty.
- T1-11
comes with a structural limited warranty.
Questions?
Call one of our trained sales staff at 888-81-BARNS or
888-812-2767
(Lookup
Local Phone Directory.)
Rejection of Order and Cancellation of Contract. Barns.com
Inc reserves the right, at any time before installation of
the Unit, to reject this Order or cancel this contract by
notice in writing to Buyer. Upon giving such notice,
Barns.com Inc will refund any deposit received from Buyer.
Buyer agrees that such refund shall be Buyer’s exclusive
remedy for such cancellation.
Legal Authority for Installation. Before installation of
the Unit, Buyer shall obtain every permit or other
authorization required for lawful erection of the Unit on
the site designated by Buyer. If Buyer fails to obtain any
such required permit or authorization: (i) such failure
voids any and all warranties otherwise applicable to the
Unit, and (ii) Buyer shall indemnify and hold Barns.com
Inc harmless for all damages or costs, including attorney
fees, which Barns.com Inc may incur as a result thereof.
Barns.com Inc will install the Unit on the site designated
by Buyer upon the property specified on the face hereof;
BUT, if Barns.com Inc delivers the unassembled Unit and
installation is not completed due to Buyer’s breach by
failure to obtain any required permit or by failure
adequately to prepare the site, including location of
underground utilities, Barns.com Inc may, in its sole
discretion, terminate this contract and retain Buyer’s
deposit and/or full payment if already collected, as
liquidated damage for Buyer’s breach.
Site Preparation. Before delivery, Buyer shall designate a
site on the property identified as the Location on the
face hereof and prepare such site for installation of the
Unit, which preparation shall include making the site
level, removing all electrical wire less than 10 feet
above the intended height of the Unit, removing all
underground utilities below the site, and any other
improvement reasonably necessary. If Barns.com Inc
determines that the site is not prepared or suitable for
installation, Barns.com Inc may, at its option, terminate
this contract or make such further improvements as may be
reasonably necessary. If Barns.com Inc makes further
improvements to the site, Buyer agrees to pay the
reasonable cost thereof upon completion.
Scheduling Delivery and Installation. Barns.com Inc will
make a good faith effort to deliver and install the Unit
within 60 days after Barns.com Inc’s acceptance of this
Contract, and will notify Buyer at least 24 hours before
delivery. Buyer may, by written notice received by
Barns.com Inc not more than 7 days after Barns.com Inc’s
acceptance hereon, delay the delivery and installation for
up to 60 days. In no event will Barns.com Inc be liable
for any damage or consequential damages resulting from any
delay in delivery or installation of the Unit.
Change Orders. No change in the Unit or its specifications
is binding on Barns.com Inc unless requested by Buyer's
written change order and approved in writing by Barns.com
Inc senior management. Any change requested by Buyer
constitutes the Buyer's consent to resulting changes in
the Price.
Limited Warranty. As to all Units, Barns.com Inc warrants
that its manufacturers and suppliers installation of the
Unit will be free of defects in workmanship. Any
alteration or abuse of the Unit shall void all such
limited warranties. BARNS.COM INC’S LIABILITY FOR ANY
BREACH OF WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT, AT
BARNS.COM INC’S OPTION, OF THE UNIT. BARNS.COM INC MAKES
NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE
EXPRESSLY STATED HEREIN. BARNS.COM INC MAKES NO WARRANTY
OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE
AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE
TO ANY OTHER PROPERTY.
Payment Terms. Buyer agrees to pay the Price, including
any increase for any Change Order, in full at the time of
installation. If any payment tendered by Buyer is
dishonored for any reason, Buyer agrees that, at Barns.com
Inc’s option, the balance due shall thereafter bear
interest at one and one-half percent (1.5%) per month, or
Barns.com Inc may enter Buyer’s property, disassemble
and remove the Unit, and retain Buyer’s deposit as
liquidated damages. If Barns.com Inc refers collection
hereunder to an attorney, Buyer agrees to pay Barns.com
Inc's reasonable attorney fees and expenses.
Check Policy. If your check is returned NSF it will be
re-presented electronically and you will be assessed a
processing fee as allowed by law, which is no less than
$20. The check writer is also responsible for all other
collection costs including attorney’s fees, court costs
and taxes as well as any other amounts allowed by law.
Miscellaneous. This Agreement is governed by the laws of
North Carolina and any action against Barns.com Inc
hereunder shall be brought only in a court of general
jurisdiction sitting in Surry County, North Carolina. The
term Buyer, as used herein, includes said persons named on
the face hereof, their heirs, successors and assigns, and
shall include singular, masculine, feminine or neuter as
required by the context. This Agreement, including only
the face and reverse hereof and an engineer-certified
drawing of the Unit, if such drawing is furnished by
Barns.com Inc, constitutes the complete agreement of the
parties, and all prior descriptions, representations,
negotiations or agreements are merged herein and
superseded hereby.
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Refund
Policy
Because all orders are special
order, once the order has been placed, there is a no
cancellation and no refund and no return policy.
Once customer's order is placed
with Barns.com Inc, it will be delivered and installed within an
average of two to eight weeks. It is made clear with all
customers that this is an “average” and there is no way for
Barns.com Inc to guarantee a delivery or installation date for
any brand of products because it varies depending on the
installation crew, transportation availability, weather,
schedules, readily available inventory, and other possible
unforeseen reasons. This is normal for this industry. When
ordering through Barns.com Inc, you can rest assured that you
will get your order as soon as possible.
Barns.com Inc is not responsible
for the installation nor delivery for special orders.
Customers who place an order with Barns.com put a down payment
on the order, which is not refundable for any reason. Barns.com
Inc encourages all customers to research products, local area
building codes, permitting and other possibilities before
placing their order to prevent unforeseen issues. It is
the responsibility of the customer to work with manufacturing
plant(s) to successfully schedule a delivery date according to
the customers and manufacturing plant's schedules. The
customer is also responsible for resolving any issues that may
arise directly with manufacturing plant(s) and not hold
Barns.com Inc responsible for any manufacturers guarantees,
warranties, installation issues, delivery times, and any other
unforeseen problem(s) that could arise throughout the process.
Barns.com Inc will work in good faith with the customer and
manufacturing plant(s) to assist in resolving issues if any
develop as long as both parties are giving reasonable and
conscious effort to resolve the issue. Barns.com Inc takes
great pride in selling the brands carried on http://www.woodbarns.com
but are only hold responsibilities of a "dealer" for
these brands. As a dealer, Barns.com Inc resolves the
right to hold down payment(s) made to Barns.com Inc to be
non-refundable.
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Privacy
Policy
We
respect your privacy. We do not sell, rent, or loan any
identifiable information regarding our customers to any third
party. Any information you give us is held with the utmost
care and security, and will not be used in ways to which you
have not consented.
Use
of Information
We will not collect any personally identifiable information
about individuals except when specifically and knowingly
provided by such individuals. Examples of such information
are: name, postal address, e-mail address, phone number, fax
number, credit card information, billing information and product
commentary. This information will be used to process your
order and to verify your identity when accessing your saved
information. Any company or agent engaged by Barns.com
Inc, such as our credit card processing company, agrees to hold
your personal information to the same standards described in
this policy. We collect your name, email address, phone
number (optional) to use our online estimator. We may
email you from time to time about our products or holiday
specials. We will never sell your information to a
third-party company. You may opt-out of our mailing at
anytime through the link located at the bottom of the email you
receive.
We may share
non-personal aggregate, or summary, information regarding its
customers with partners or other third parties, but we do not
sell or share any personally identifiable information at the
individual customer level.
Reference
Letters and or Comments may appear on our site from time to
time. It is our practice to get permission from clients
before using their letter or comment. We will only use
your name with your explicit approval.
Your
Personal Information
After you have became a client with us, we will maintain your
name and billing and shipping addresses in our database,
However, for your safety, we will not retain your credit card
information onsite. Credit Card information is stored in a
computer not connected to the Internet and secure from any other
users.
Security
Because your credit card security is our highest priority, we
have taken every precaution to make your transactions secure.
Our Internet site is built on technology which
utilizes industry-standard security measures, including SSL
(Secure Sockets Layer), an advanced encryption technology that
works with Netscape Navigator (versions 2.0 and above),
Microsoft Internet Explorer (version 3.0 and above), and AOL
(AOL 3.0 and above). This encryption makes it absolutely
impossible for unauthorized parties to read any information that
you send us.
Our Customer
Service Department is ready to answer any further questions you
may have about your privacy when working with us. You can reach
someone by several methods from our contact
page. We will get back to you as soon as possible.
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