These Terms & Conditions (“Terms”) govern your use of https://outdoorcomfortemporium.com and your purchase of products from Outdoor Comfort Emporium (“Outdoor Comfort Emporium,” “we,” “us,” or “our”).

Please read these Terms together with our Privacy Policy, Shipping Policy, Returns and Refunds, Financing, and Price Match pages. Those pages are part of your agreement with us. If there is a conflict about shipping, returns, financing, or price match, the dedicated policy page controls on that topic.

By browsing the site, creating an account, or placing an order, you agree to these Terms. If you do not agree, do not use the site or place an order.

1. Who may use the site

You must be the age of majority in your state (18 in most U.S. states, including Arizona) to place an order. If you use the site on behalf of a business, you represent that you have authority to bind that business.

We may refuse service, close an account, or cancel an order if we reasonably believe these Terms have been violated, an order looks fraudulent, or we cannot fulfill it.

2. Acceptance of orders

A listing on the site is an invitation to order, not a binding offer. Your order is an offer to buy. A contract is formed only when we accept the order, which we typically do by sending an order confirmation and later processing payment and shipment (or, for freight items, sending a shipping quote and then charging and shipping after you accept that quote, as described in the Shipping Policy).

We may decline or cancel all or part of an order, including after you submit it, if a product is unavailable, a price or other listing error is discovered, we cannot arrange delivery to the address you provided, payment fails, or we suspect fraud or reseller activity. If we cancel and you have already paid, we will refund the amount you paid for the cancelled portion.

You agree to provide accurate billing, shipping, and contact information and to keep it current so we and the carrier can reach you.

3. Products, descriptions, and images

We try to describe products accurately, including model numbers, dimensions, finishes, fuel types, and what is included. Many items, especially hand-finished concrete or similar materials, vary slightly in color and texture from photographs and from one unit to another. Images are for illustration. Lighting, your screen, and finish variation can all affect how a product looks.

Specifications come from the manufacturer or from information we believe is reliable. They may be updated. If a detail matters to your installation or space — for example, exact dimensions, weight, clearance, or fuel type — confirm it with us in writing before you order, and review the manufacturer’s documentation.

We do not promise that a product will meet a particular design, patio layout, or performance expectation unless we confirm that in writing. Any general guidance we give about sizing or product choice is not a substitute for the manufacturer’s instructions or a qualified installer’s judgment.

We may limit quantities, discontinue a product, or change a listing at any time.

4. Pricing and typographical errors

Prices are stated in U.S. dollars and may change until we accept an order. Applicable sales tax is added where required. Shipping may be included, quoted after the order, or charged separately, as explained in the Shipping Policy.

Occasionally a price, description, or availability figure on the site is wrong. We may correct the error and, if we have not yet shipped, cancel the order or contact you with the corrected information and wait for your instructions. We are not required to fulfill an order at an incorrect price.

Promotional prices, if any, are good only for the period and conditions stated. A “regular” or non-sale price shown on the site is the current asking price at that time, not a promise about prior selling prices.

5. Availability and lead times

Some products are in hand. Others are ordered from a manufacturer or distributor and may take weeks to ship. We do not publish a guaranteed lead time unless we confirm one to you in writing, usually with a freight quote.

Manufacturer production, carrier capacity, weather, and other events outside our control can change a date we have given you. We are not liable for project delays, missed events, or wasted installer visits that result from a late or changed ship date.

Do not schedule a licensed installer, gas hookup, hardscape work, or a party around an estimated arrival date. Wait until the product has been delivered and you have inspected it.

6. Payment

We accept payment through Stripe on our checkout. Depending on the options shown at checkout, that may include major credit or debit cards and other methods Stripe supports. We do not store your full card number on our website.

If Affirm is offered and you choose it, your financing contract is with Affirm, not with us. Approval, interest, and payment terms are Affirm’s. Questions about an Affirm plan should be directed to Affirm. Questions about the merchandise order can be sent to us.

You represent that you are authorized to use the payment method you submit. We may recapture or reverse a charge if a payment is disputed, reversed, or fails after we have started fulfillment, to the extent allowed by law and the payment provider’s rules.

7. Shipping, freight, and delivery inspection

Shipping methods, free-shipping rules, freight quotes for items over 120 pounds, and the option to cancel for a full refund if a freight quote is not acceptable are described in our Shipping Policy. Those rules are part of these Terms.

For freight (LTL) shipments in particular:

• Delivery is typically curbside, on a weekday, and may require an appointment. Someone needs to be available to receive the shipment. The driver is not required to carry the item into a backyard, patio, or house unless a special service was arranged in advance and the carrier agrees.
• These products are heavy. You are responsible for moving the item from the curb or driveway to its final location, using enough people or equipment to do it safely.
• Inspect the shipment before you sign the delivery receipt. Look at the crate or packaging, and at the product if the carrier will allow you to open it. If you see damage, shortage, or a crushed crate, write it clearly on the delivery receipt before you sign — for example, “damaged — crate crushed, left corner chipped.” Take photographs, including the receipt.
• Signing a clean receipt (one with no damage noted) is treated by carriers as acceptance of the shipment in good condition. That can make a later damage claim much harder or impossible.
• If damage is severe, you may refuse the delivery. Note “refused due to damage” on the receipt and contact us promptly at admin@outdoorcomfortemporium.com.
• You must report shipping damage to us within 48 hours of delivery, with your order number and photographs if you can, as stated in the Shipping Policy. Keep the product and all packaging until the claim is resolved.

We are not responsible for labor, installation, or property-preparation costs incurred because a shipment arrived damaged or late.

8. Risk of loss

Title and risk of loss pass to you when the carrier delivers the product to the address you provided (or when you or your agent refuse a delivery). Until then, a loss or damage claim is handled under the Shipping Policy and the carrier’s rules, which is why the delivery-receipt notes described above matter. After delivery, the product is your responsibility, including during any later return shipment you arrange.

9. Cancellations

If you email admin@outdoorcomfortemporium.com and cancel within 48 hours after you place the order, and the item has not yet been tendered to the carrier, we will cancel the order and refund what you paid, including any shipping you have already been charged. Once the item has been handed to the carrier, this 48-hour cancellation no longer applies, and any return is handled under the Returns and Refunds policy (including, for a change of mind, the restocking fee and return freight).

Separately, and already stated in the Shipping Policy: if an item over 120 pounds receives a freight quote after your order and that cost is not what you expected, you may cancel before the item ships and receive a full refund.

We may also cancel as described in section 2. A cancellation request should include your order number and the email or phone used at checkout.

10. Returns and refunds

Change-of-mind returns, restocking fees, who pays return freight, damaged-in-transit claims, and how to start a return are set out in our Returns and Refunds policy, which is part of these Terms.

In short, as that page currently stands: you may request a return within 30 days of delivery; a change-of-mind return is subject to a 20% restocking fee and you pay the return shipping; shipping damage must be reported within 48 hours of delivery; and a freight quote you do not accept may be cancelled for a full refund before shipment. Email admin@outdoorcomfortemporium.com for instructions before you send anything back.

Do not refuse a shipment solely because you changed your mind after it has already shipped; contact us so we can handle it under the returns policy.

11. Manufacturer warranties

Almost every product we sell is made by a third-party manufacturer. Any warranty is the manufacturer’s warranty, not a separate warranty from Outdoor Comfort Emporium. We do not adopt or enlarge the manufacturer’s warranty, and we do not guarantee labor, service calls, or installer charges unless the manufacturer’s written warranty says it will cover them and the manufacturer approves the claim.

If you have a warranty issue, email us with your order number and a description of the problem. We will help you open a claim with the manufacturer and will share the purchase information the manufacturer reasonably requires. Whether a claim is approved, how long parts take, and what remedy you receive are the manufacturer’s decisions.

Except for any manufacturer warranty that comes with the product, and except for any remedy that cannot be disclaimed under applicable law, products are provided as described on the site and in the manufacturer’s documentation. We disclaim all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, to the maximum extent permitted by law.

12. Installation, gas products, and safe use

Many products we sell — including gas fire pits, fire tables, and similar appliances — must be installed and used outdoors, in accordance with the manufacturer’s instructions and all applicable building, fire, and gas codes.

Gas fire features and other gas appliances must be installed and hooked up by a licensed or otherwise qualified professional who is authorized to do that work in your jurisdiction. Improper connection of a gas line can cause fire, explosion, injury, or death. By purchasing a gas product, you agree that a qualified installer, not Outdoor Comfort Emporium, will handle hookup, and that you will not treat any information on our site as installation advice.

You are responsible for permits, clearances, fuel type (propane or natural gas), and any orifice or conversion work the manufacturer requires. Conversion, if allowed at all, must follow the manufacturer’s official instructions and is typically performed by a qualified technician — not as a do-it-yourself step we can promise from a product page.

We are not liable for injury, property damage, failed inspections, or code violations that result from improper installation, improper fuel, or use that does not follow the manufacturer’s instructions. The person who installs or services the product assumes responsibility for that work.

Wait until the product has arrived and been inspected before you book an installer.

13. Limitation of liability

To the maximum extent permitted by law, Outdoor Comfort Emporium and its owners, employees, and agents will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost enjoyment, project delays, wasted labor or installer fees, or substitute lodging or event costs, even if we have been advised that those damages are possible.

Our total liability arising out of or related to the site or to any product you purchase from us will not exceed the amount you paid to us for the product or products giving rise to the claim (excluding shipping, except where we are refunding a cancelled freight quote or an order we cancelled).

Some states do not allow certain limitations. In those states, our liability is limited to the greatest extent the law allows. Nothing in these Terms limits liability that cannot legally be limited, including liability for our own willful misconduct or, where the law requires it, for personal injury caused by our negligence.

14. Indemnity

You agree to defend, indemnify, and hold harmless Outdoor Comfort Emporium and its owners, employees, and agents from claims, damages, losses, and reasonable attorneys’ fees arising out of your breach of these Terms, your misuse of a product, your failure to have a gas or other regulated product installed by a qualified professional in accordance with codes and the manufacturer’s instructions, or your violation of another person’s rights, except to the extent a claim is caused by our willful misconduct.

15. Intellectual property

The site’s name, logos, layout, product copy we write, and other original content are owned by us or our licensors and may not be copied or used for commercial purposes without our written permission. Manufacturer names, model numbers, images, and trademarks belong to their owners. We use them to identify the products we sell and do not claim to be the manufacturer.

You may not scrape, crawl, or overload the site, attempt to break its security, or use it for any unlawful purpose.

16. Third-party services and links

Checkout uses Stripe. Financing, if offered, uses Affirm. Shipping uses third-party carriers. The site may also link to manufacturer manuals or other websites. Those companies’ terms and privacy policies apply to their services. We are not responsible for their sites or for contractors you hire.

17. Changes to these Terms

We may update these Terms by posting a revised version on this page and changing the effective date. If a change is material, we may also provide additional notice, such as a website notice or an email. The revised Terms apply to orders placed after they are posted. For an order already accepted, the Terms in effect when we accepted that order continue to apply to that order, except where a change is required by law.

18. Governing law and disputes

These Terms and any dispute arising out of the site or your order are governed by the laws of the State of Arizona, without regard to conflict-of-law rules. You and we agree to the exclusive jurisdiction of the state courts located in Arizona, except that either of us may seek injunctive or similar relief in any court of competent jurisdiction to protect intellectual property or confidential information.

If you are a consumer, you may also have rights to bring a claim in your home county or as otherwise provided by law that cannot be waived. Nothing in this section requires you to waive those non-waivable rights.

19. General

If a court finds a provision unenforceable, the rest of these Terms still apply. Our failure to enforce a provision is not a waiver. These Terms, together with the policies linked at the top, are the entire agreement between you and us about the site and your purchases, and they supersede prior discussions on the same subject. You may not assign your order or these Terms without our consent. We may assign them in connection with a business transfer.

20. Contact

Outdoor Comfort Emporium
Email: admin@outdoorcomfortemporium.com