All new Wind & Sea® umbrellas are warranted to be free of manufacturing and materials defects for thirty (30) days from the date of purchase, subject to the full terms and conditions of the warranty below. All claims of any manufacturing or materials defect must be made within thirty (30) days directly to Wind & Sea or to the retail store where the umbrella was purchased, together with proof of purchase, using the procedure under the heading “Warranty Resolution” below.
If it is determined upon inspection by Wind & Sea that a manufacturing defect is present, then Wind & Sea will repair the umbrella or replace the umbrella with like merchandise at its sole discretion.
No monetary refunds or exchanges for any product other than a Wind & Sea umbrella will be made.
Any Wind & Sea umbrellas used for commercial purposes are not warranted for any period of time.
The installation of any third party parts and/or accessories on the Wind & Sea umbrella voids the limited warranty. Drilling or cutting into, and/or affixing objects to, the Wind & Sea umbrella also voids the warranty.
Although Wind & Sea umbrellas are made with the finest materials and manufactured to the highest standards in the industry, because of the nature of outdoor, Wind & Sea cannot warrant against damage to or breakage of a umbrella caused or incurred during its use, even if such damage falls within the thirty (30) day limited warranty period.
Damage to any Wind & Sea umbrella resulting from wear and tear, misuse, exposure to the sun, heat or elements, or simply caused by the demands of the umbrella when in use, including but not limited to umbrellas that are wrecked, snapped, punctured, scraped, broken, crushed, compressed, dented, and case or straps that are broken or damaged, or any other damage or breakage of any kind that is not caused by a manufacturing or materials defect, is not covered at any time.
Wind & Sea umbrellas are manufactured to last for many years with proper care in accordance with our CARE AND HANDLING GUIDE. Any umbrella that has not been cared for and handled in accordance with our CARE AND HANDLING GUIDE is not covered by this limited warranty.
If your umbrella suffers from a manufacturing or workmanship defect and is under warranty, please contact us at (213) 293-8725 or firstname.lastname@example.org. When emailing, please include detailed explanation of issue, include clear digital photos of entire top side of umbrella, entire bottom side of umbrella and of any specific area(s) of concern.
Wind & Sea reserves the right to make final determination of the warranty status in its sole discretion. If a defect exists, Wind & Sea will choose, in its sole discretion, whether to (1) repair the product at no charge, (2) exchange the product with a product that is functionally equivalent to the original product or (3) refund the purchase price of the product. Wind & Sea will repair or replace the product as described above and return the product to the customer free of charge within one week or as soon thereafter as is possible.
A replacement or repaired product assumes the remaining warranty of the original product, except that the number of whole days between the customer notifying Wind & Sea of a defect and the customer receiving a repaired or replacement product will not count against the duration of the warranty. When a product is exchanged, any replacement item becomes the customer’s property and the replaced item becomes Wind & Sea's property. When a refund is given, the product becomes Wind & Sea's property.
Qualified umbrellas must be returned to Wind & Sea at the customer’s expense to the address below, accompanied by the original receipt for the sale of the product, clearly showing the date of purchase.
Wind & Sea
ATTN: Warranty Department
536 Maple St, Unit 201
San Diego, CA 92103
Do not use Wind & Sea umbrellas in any windy weather. Adult supervision and caution is strongly recommended for use of a Wind & Sea umbrella by any persons under the age of eighteen (18) years. Always use caution when using a Wind & Sea umberlla.
Always maintain a safe distance from other while using a Wind & Sea umbrella. Keep product away from open flames.
! WARNING: RISK OF PERSONAL INJURY OR DEATH; USER ASSUMES ALL RISK !
Outdoor is an inherently dangerous activity and accidents may occur. Risks of using this product include, but are not limited to, the risk of collision. Use of this product requires a special degree of skill and knowledge, and you should not use this product without sufficient skill and knowledge. Purchaser, user and/or their heirs, executors or assignees of this Wind & Sea umbrella agree to release and hold harmless Wind & Sea and any employees, subsidiaries, related companies, distributors and/or agents of Wind & Sea, including but not limited to retailer sellers of the Wind & Sea umbrella, from any liability, claims, causes of action and demands of any kind arising from or out of the use of the Wind & Sea umbrella where such use results in bodily injury, including serious injury, loss of limbs and/or death, or property damage. The user is exclusively responsible for his or her own safety, the risks associated with this product, and any personal injury to, or death of, the user or any third party as a result of the use of this product.
FULL TERMS AND CONDITIONS OF THE LIMITED WARRANTY
This limited warranty is extended only to the customer who originally purchased the product and does not extend to any subsequent owner or other transferee of the product regardless of whether the product is transferred during the term of the warranty.
THIS LIMITED WARRANTY AND THE REMEDY SET FORTH ABOVE UNDER THE HEADING "WARRANTY RESOLUTION" ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. WIND & SEA LIMITS THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. No Wind & Sea reseller, agent, or employee is authorized to make any modification, extension, or addition to this LIMITED warranty, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
UNDER NO CIRCUMSTANCES SHALL WIND & SEA BE LIABLE TO ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY USER OR ANY THIRD PARTY) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES IN CONNECTION WITH, ARISING UNDER OR RELATED TO THE PRODUCT (WHETHER UNDER THEORY OF CONTRACT, TORT, INDEMNITY, PRODUCT LIABILITY, NEGLIGENCE, OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM PERSONAL INJURY OR DEATH. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF (A) DAMAGES SUFFERED BY YOU AS A DIRECT RESULT OF A PRODUCT DEFECT OR (B) THE ACTUAL AMOUNT PAID BY YOU FOR ANY DEFECTIVE PRODUCT. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE ENFORCED TO THE MAXIMUM EXTENT ALLOWABLE BY LAW EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion of incidental and/or consequential damages may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
This warranty shall be governed by and construed in accordance with the laws of California, excluding that State’s choice of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of California, excluding that State’s choice-of-law principles. Any suit brought by Wind & Sea or the customer against the other for claims arising out of this warranty shall be brought in the United States District Court for the Central District of California, or in the event that court lacks jurisdiction to hear the claim, in the Orange County Superior Court.
DISCLAIMER OF ANY WARRANTY FOR WIND & SEA PRODUCTS
ALL WIND & SEA PRODUCTS ARE SOLD AS IS, AND WIND & SEA MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING NO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. ALL RISK AS TO QUALITY AND PERFORMANCE OF WIND & SEA PRODUCTS IS ON THE BUYER. IF ANY WIND & SEA PRODUCT PROVES DEFECTIVE AFTER PURCHASE, THE BUYER AND NOT THE MANUFACTURER, DISTRIBUTOR, OR RETAILER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. WIND & SEA MAKES NO REPRESENTATION THAT ITS PRODUCTS ARE OF ANY PARTICULAR STANDARD, QUALITY, OR GRADE. THIS DISCLAIMER HAS BEEN FACTORED INTO THE PRICE OF WIND & SEA’S GOODS.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HERE.
IN NO EVENT SHALL WIND & SEA WILL BE LIABLE TO ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY CUSTOMER, USER, OR OTHER THIRD-PARTY) FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY DAMAGE OR INJURY SUSTAINED RELATED TO A WIND & SEA PRODUCT (WHETHER UNDER THEORY OF CONTRACT, TORT, INDEMNITY, NEGLIGENCE, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM PERSONAL INJURY OR DEATH. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF (A) DAMAGES SUFFERED BY YOU AS A DIRECT RESULT OF A PRODUCT DEFECT OR (B) THE ACTUAL AMOUNT PAID BY YOU FOR ANY DEFECTIVE PRODUCT. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE ENFORCED TO THE MAXIMUM EXTENT ALLOWABLE BY LAW EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.