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Terms & Conditions of Final Sale and Purchase

1. Entire Agreement

By placing your Order with Paradise Grills International, Inc. (“PGI” or “we” or “us”), you knowingly, voluntarily and unconditionally agree to these Terms & Conditions and our Terms of Service, which constitute the complete and entire agreement between you and PGI and contain all terms and conditions of this final sale and purchase. All prior or contemporaneous oral or written agreements, promises, communications, representations, and inducements made by any PGI employee or representative are hereby cancelled and extinguished, and shall not be binding on PGI nor relied upon by you for any purpose whatsoever. No modification of these Terms & Conditions shall be legally valid or binding unless memorialized in a written Addendum signed by both you and PGI’s authorized representative. Any attempted or purported verbal modification to these Terms & Conditions is legally void, invalid and non-binding. No term of these Terms & Conditions can be waived or modified by verbal agreement, including, without limitation, the terms of this Section 1.

These Terms & Conditions apply to your purchase of any products on PGI’s websites, software, or other interactive feature and online services owned and operated by PGI (collectively, our “Sites”).

PGI may revise, modify, or amend these Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to our Sites. You agree to review these Terms & Conditions prior to making any purchase to ensure that you are aware of any changes.

2. Final Sale

THIS SALE IS FINAL AND NON-CANCELLABLE BY YOU FOR ANY REASON. All of your payments (made via credit card, check, or financing) are non-refundable. You will not receive any products, quantities, models, or options that are not purchased by you. Please see below Sections 6 and 7 regarding Damaged or Defective Items.

3. Product Pricing

PGI reserves the right to change item pricing or information at any time. Current prices on PGI’s Sites may not be accurate. If you purchase an item from our Sites before we have updated our prices, you will be notified and given the option to cancel or pay the difference. If we lower the price of an item after your purchase is made, PGI will not refund the difference to you.

4. Item Page Information

PGI’s Sites may show a picture that does not exactly match the product but generally illustrates what the product will look like. We will ship you the item you order even though it may be slightly different than the image. Please check the product information and specifications before making your purchase.

5. Shipping

A. Shipping Carriers

PGI has the exclusive right to decide which carrier delivers your purchased items. We do not control the independent carriers and shall not be held responsible for their acts or omissions.  Once your shipment is in the hands of the carrier, we cannot change the shipping addresses or arrange for delivery on a certain day. We can provide approximate delivery dates based upon the information the carrier makes available to us. Please call us at 1-800-604-2023 to discuss any issues with your delivery.

B. Delivery of Purchased Items

Smaller Items

We ship smaller items via UPS and FedEx with your signature required. You must be home to receive and sign for the delivery. At the time of delivery, you must immediately open and inspect your shipment for any damaged items and note any such issues on the signature documents provided by the delivery driver. If any items are damaged, you must notate it on the carrier’s paperwork or bill of lading provided by the carrier before signing for the shipment and before the driver leaves.  Then contact us immediately the same day at 1-800-604-2023. We shall not be responsible for any damaged items that are not notated by you at the time of delivery or not reported to us immediately the same day at 1-800-604-2023. Any products returned to the carrier at the time of delivery must be unused and in their original condition and packaging.

Larger Items

We ship larger items and orders via freight carriers with your signature required. You must be home to receive and sign for the delivery. Freight drivers leave all shipments at the curb. If you have any issues with your freight shipment or have any questions, please call us at 1-800-604-2023.  Please carefully note the following freight delivery requirements:

  • You must be home to receive and sign for the delivery.
  • Most freight carriers will not call to schedule your delivery. While some freight carriers may call you to schedule a delivery window, most will only provide a tracking number and an estimated delivery date.
  • Most freight products ship on a pallet.
  • The delivery will be made via a semi-truck with a lift gate.
  • The shipment will be dropped off at your curb.
  • You are solely responsible for transporting your shipment up the driveway and into your garage, home, or backyard.
  • For safety purposes, we recommend having at least 2 helpers on standby to assist with transporting your delivery.
  • Any re-delivery cost are the responsibility of the purchaser.

At the time of delivery, you must immediately open and inspect your shipment for any damaged items and note any such issues on the signature documents provided by the delivery driver. If any items are damaged, you must notate it on the carrier’s paperwork or bill of lading provided by the carrier before signing for the shipment and before the driver leaves.  Then contact us immediately the same day at 1-800-604-2023. We shall not be responsible for any damaged items that are not notated by you at the time of delivery or not reported to us immediately the same day at 1-800-604-2023. Any products returned to the carrier at the time of delivery must be unused and in their original condition and packaging.

C. Shipping to Remote Areas

If you anticipate that the delivery carrier will have any access issues reaching your delivery location, you must inform us of those issues at the time of your purchase. Such issues include but are not limited to: entrance gates, narrow or winding roads, dirt or gravel roads, and vacant places. We may charge you, and you agree to pay, additional shipping fees for delivery to a remote or hard-to-reach area, and we will notify you of the additional fees and allow you to change your delivery address if desired. We shall not refund shipping fees on items not delivered because of a carrier’s inability to reach a particular location. If the carrier is unable to deliver your items to your listed delivery address, we will contact you to work out an alternative delivery address. If any item is shipped and returned because it’s not deliverable due to a remote or hard-to-reach area, you shall be responsible for paying the shipping fees both ways and for the additional re-delivery shipping fees.

D. Shipping to APO/FPO Addresses

We will ship to Army Post Office (APO) and Fleet Post Office (FPO) addresses, but such shipments are subject to USPS size, weight, and content restrictions. If we are unable to deliver your purchased items to your APO/FPO address, we will contact you to work out an alternative delivery address. We may charge you, and you agree to pay, additional shipping fees for delivery to an APO/FPO address, and we will notify you of the additional fees and allow you to change your delivery address if desired. If any item is shipped and returned because it’s not deliverable to your APO/FPO address, you shall be responsible for paying the shipping fees both ways and for the additional re-delivery shipping fees.

E. Incorrect Addresses

If any item is shipped and returned as non-deliverable due to an incorrect address, you shall be responsible for paying the shipping fees both ways and for additional re-delivery shipping fees.

F. Shipping Outside the Continental United States

If your delivery address is located in Alaska or Hawaii, before placing your order please contact us at 1-800-604-2023 to receive a shipping fee quote.

We do not ship items directly to Canada. Instead, we will ship your purchased items to your designated US-based freight forwarder. Before placing your order, please contact a US-based freight forwarder to obtain their shipping and receiving processes. At checkout, enter the shipping address provided by your US-based freight forwarder. You will be responsible for all duties and tariffs on Canadian shipments, along with coordinating with your freight forwarder for delivery to your final delivery destination. Please call us at 1-800-604-2023 to discuss any questions.

6. Damaged Items

At the time of delivery, you must immediately open and inspect all of your purchased items for any damage and any note any such damage on the signature documents provided by the delivery driver. Even if you are not installing your product right away, you must still immediately open and inspect all items for any damage. If any items are damaged, you must notify the carrier before they leave and contact us immediately the same day at 1-800-604-2023, or else your product damage claim is waived. Any damaged products returned to the delivery driver must be unused and in their original condition and packaging.

All damaged item claims are subject to the following mandatory terms and conditions:

  • Damaged items must be reported to the carrier immediately upon delivery by notating any such damage on the carrier’s paperwork or bill of lading and you must contact us immediately the same day at 1-800-604-2023.
  • If able to do so, refuse to accept the item from the carrier.
  • At our discretion, we will either offer you parts, a discount to keep as is, or allow a return for a replacement.
  • The damaged item cannot be used in any way, including installation or assembly.
  • If you choose to keep the item for a discount, you have 3 business days to reply to accept or reject the discount offer from us (again, do not use your item during this time until final offer/resolution is agreed upon).
  • Keep all of the packaging, the box and all items/pieces, in the event the item needs to be returned to us.

If you fail to notate a damaged item on the carrier’s paperwork or bill of lading or if you fail to contact us immediately the same day at 1-800-604-2023, then:

  • We will not approve your damaged item claim.
  • No refunds, discounts, or replacement items will be offered or granted to you. This is non-negotiable.
  • We will only be able to sell you a replacement item or replacement parts for a repair.
  • Since no return will be approved, you are free to use the item if safe to do so.
  • We may require pictures of the item to determine any needed repair parts.

7. Warranty Claims

In the rare instance that you receive a defective product, please review your product’s manual and/or sales order for applicable warranty terms and conditions.  The defective item must still be within the manufacturer’s warranty period and coverage terms.

We will require the following information to process your warranty claim:

  • You must provide us with the order #, any serial numbers, a description of issue, and any pictures or video depicting the issue.
  • You must cooperate with us in attempting to troubleshoot the issue in order to verify that a defect actually exists.
  • We will review your claim, then approve or reject it.
  • If approved, the warranty process begins and service, parts, repair or any combination of those as needed will be provided in accordance with the warranty terms and conditions.
  • We may require you to return to us the item or parts for quality control purposes.
  • We will not reimburse you for any labor costs or project delays that may occur due to your receipt of a defective item. We recommend that you wait to schedule installation until after your order has arrived and all items have been fully inspected.

If your item has a defect outside of the warranty period or coverage terms:

  • We will not approve your warranty claim.
  • No refunds, discounts, or replacement items will be offered or granted to you. This is non-negotiable.
  • We will only be able to sell you a replacement item or parts for a repair. Contact us for pricing and availability.
  • Replacement items or parts may not be available for discontinued items.

8. Customer Safety & Security

All purchasing transactions take place over a secure connection. This means that while theoretically someone could intercept the communications between your computer and our server, they could not understand it. It is encrypted with the highest standards and latest technologies possible. Our site is checked regularly to verify the security of our site and your transactions.

9. PGI’s Privacy Policy

Effective Date: This privacy policy (this “Privacy Policy”) is effective and was last updated as of June 20, 2023.

This Privacy Policy describes how PGI collects, uses, and shares information we collect offline and through our Sites, applications, mobile features, and any other features or services owned or controlled by PGI that post a link to this Privacy Policy (each, a “Service” and collectively, the “Services”), and further describes your choices with respect to that information.

Please read this Privacy Policy carefully. By accessing or using the Services, you agree to this Privacy Policy and the Terms of Service, which are incorporated herein by reference.

A. Information We Collect and How We Collect It

We may collect information from you both directly and automatically when you use the Services. Some of this information may be considered “personal information” under various applicable laws. We consider information that identifies you as a specific, identified individual to be personal information (such as your name and email address), and we treat additional information, including IP addresses and cookie identifiers, as “personal information” where required by applicable law. Note that we may de-identify personal information so that it is non-personal, such as by aggregating it or converting it to a code, sometimes using a function commonly known as a “hash.” We will treat de-identified information as non-personal to the fullest extent allowed by applicable law.

We collect information in the following ways:

  • Information You Submit Via the Services – In the course of using the Services, you may provide us with certain information, including without limitation contact information (such as your name, shipping and billing addresses, phone number, and email address), information regarding your preferences and interests (such as via your lists), demographic information (such as your date of birth), transaction-related information (such as payment information and return and exchange information), content (such as reviews, survey responses, and feedback), financial information (such as when you apply for credit with one of our finance partners), and information submitted while interacting with our Customer Service team (such as via phone or chat).
  • Chat Boxes – When you participate in our Chat, PGI can record and use your communications and the information you provide in order to assist you during the Chat to improve our products and services, and for marketing purposes. If you do not consent, please do not use the chat assistance feature.
  • Information We Collect Automatically From Your Use of the Services – When you use the Services, we, our third-party service providers, and our business partners may automatically collect certain information (“Usage Information”). One of the ways we collect Usage information is when you visit portions of the Services, our servers automatically generate logs to help us determine how people travel through the Services and to improve our services. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as personal information. This Usage Information includes your IP address and unique device identifiers (“Device IDs”) for your computer, mobile phone, or other device used to access the Services. A Device ID is a number that is automatically assigned to your device, and our servers identify your device by its Device ID. We will also collect and track other data and information relating to your device, including the Internet service provider you are using, the type of computer operating system you are using, and the type of browser you use. We may be able to collect or infer your approximate location based on your IP address or similar information that we collect. We track your activities on the Services such as the pages and content you access and your interactions with the content we provide.

We use the following types of tracking technologies (collectively referred to as “Tracking Technologies”) to automatically collect information when you interact with us online:

  • Cookies and Local Storage – small text files stored locally on your device that help store user preferences. These technologies are able to store a unique identifier for a device to us to recognize the device whenever the device is used to visit the Services. These technologies may be used for many purposes by us, our service providers, and our third-party business partners, such as automatically collecting Usage Information, enabling features, serving advertisements to you online, and remembering your preferences. We may use cookies and other technologies to study traffic patterns on the Services, to study the effectiveness of our customer communications, to manage and measure the performance of advertisements displayed on or delivered by or through the Services, and to personalize your experience through the Services, such as to recognize you when you return to the Services. The information we store includes internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. If you do not want to accept cookies, you can block them by adjusting the settings on your Internet browser. You can find more information about cookies and how they work at https://allaboutcookies.org/.
  • Web beacons (also known as clear GIFs and pixel tags) – small pieces of code used to collect usage analytics. They help us to determine, for instance, whether a page has been viewed or not and, if so, how many times. When you ask us to send you information on a promotion or a newsletter, we will use web beacons to establish how many of the emails are actually opened.
  • Embedded scripts – programming code designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your computer or other device from our server or a third-party service provider or business partner and is deactivated or deleted when you disconnect from the Services.

We use similar tools to collect such information from mobile devices. In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.

  • Information from Third Parties – We may receive information about you from third parties, such as data providers who enhance the information we have about you, publicly available information, or third parties that you integrate into the Services, such as social media platforms.
  • Social Media and Other Third Party Platforms – We may permit you to interact with social media and other third party platforms, including Google, Apple, Facebook, Twitter, Pinterest, LinkedIn, and YouTube. When you interact with third party platforms through the Services, we will receive information about you. We may also receive information about you if other users of social media give us access to their profiles and you are one of their connections or “friends.” The information we collect is subject to this Privacy Policy. The information collected and stored by the third party remains subject to the third party’s privacy practices, including, without limitation, whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third-party Sites or service. We or the third party may allow you to disable or remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected.

If you choose to post information to a third party platform, that information may be public and the third party may have access to information about you and your use of the Services. You may also choose to participate in a way that connects that third-party service with the Services, such as posting to one of our pages on a social media site. Doing so may allow us to collect (or the third party to share) information about you, including personal information, and the third party may allow us to re-post content related to us on our own services.

In addition, these third parties may set their own cookies and collect information about your use of the Services, including your IP address or other device identifiers, and which areas of the Services you visit. Certain third-party platforms may be able to collect certain information on your visits to the Services regardless of whether or not you affirmatively interact with the feature and whether or not you are logged into (or have) an account. We encourage you to review the privacy policies of third parties that control platforms you post to or that connect to the Services and set your privacy preferences with them.

B. How We Use Your Information

We may use non-personal information for any purpose, including for advertising, research, and marketing purposes. We also use information that we collect, including personal information and Usage Information, as disclosed in this Privacy Policy and as follows:

  • to provide the Services to you and allow you to participate in the features the Services offer, including to register your account;
  • to fulfill, track, and recover your orders, including processing your financial information and payment methods to complete your transactions;
  • to customize and optimize our content for you, such as recommendations, promotions, and advertisements we display to you both when you use the Services and elsewhere online;
  • to provide information on products or services we think you may be interested in, including special offers and promotions from us, our advertisers, and third-party partners, using the contact information you provide;
  • to improve and monetize the Services, which may include tracking traffic, usage, trends and navigation patterns related to your activities on the Services and appending third-party data to your information;
  • to recognize you across our Services and across your devices;
  • to contact you to respond to your questions, feedback, or requests, or to provide you with support;
  • to communicate with you about the services, content, features or products you use or request, including to provide you with information concerning changes to the Services which may affect your account and/or your use of the Services, or in our discretion, changes to our policies;
  • to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims;
  • for internal business purposes, including to verify your identity, prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our „Terms, or otherwise to protect our or third-party rights or interests, which may include sharing information with other companies, lawyers, courts, or other government entities; and
  • in any other way we describe when you provide the information, or otherwise with your prior consent.

C. How We Share Your Information

We may aggregate, de-identify, and/or anonymize any information collected through the Services such that such information is no longer linked to your personal information. We may share non-personal information (including hashed or other de-identified data) with third parties for advertising and other purposes.

In addition, we may share the information we have collected about you, including personal information and Usage Information, as disclosed at the time you provide us with information or your consent, and as described in this Privacy Policy, including:

  • Publicly Posted Content/At Your Request – If you post content publicly, such as in a review, your information will be shared with the public. We may also share information when you direct us to do so, such as if you consent to post a testimonial along with your name, if you choose to link your account with a social networking service or other third party application or feature through which information is shared, or if we present you with an opportunity to receive marketing offers from a third party. We do not share personal information with any third party for the third party’s own direct marketing purposes unless we first provide you with the opportunity to agree (by opting-in or electing not to opt-out). If you opt-in or if you do not opt-out at the time choice is provided, your personal information will be disclosed to that third party and will be subject to the third party’s privacy practices. We do not control the actions of third parties and you post content and share your information at your own risk.
  • Business Partners – We may share your information with business partners and similar third parties who we believe offer products and services that may be of interest to you. They may use your information for their marketing purposes.
  • Affiliated Entities – We may share information among our affiliated corporate entities for their business purposes.
  • Service Providers – We contract with certain companies to perform services on our behalf, including advertising, marketing assistance, e-mail delivery, hosting services, site maintenance and repair, security, quality assurance, customer service, surveys, and data research and analysis, and provide your information to them only to fulfill such services.
  • Sweepstakes, Contests and Promotions – We may offer sweepstakes, contests, or other promotions (any of which, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the provisions, conditions, or official rules that govern the Promotion, which may contain specific requirements of you (including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including in connection with winner selection, prize fulfillment, as required by law, or as permitted by the Promotion’s terms or official rules (such as on a winner’s list).
  • In Connection with Business Transactions – In the event PGI undergoes a business transition, such as a merger with or acquisition by another company, or sale of all or a portion of its assets, we may transfer your personal information and other information to the successor organization in connection with such transaction, including during the course of any due diligence. By providing your personal information, you agree that we may transfer such information to the other entity in such a transaction without your further consent. If material changes to our privacy practices will occur as a result of the business transition, PGI or its successor will attempt to notify you, including by posting a notice on the Services so that you can elect whether to delete your Account.

D. Third Party Advertising and Analytics

We work with third party business partners such as online advertising companies, analytics providers, and other partners to serve our ads online, to serve third party ads through the Services and to provide us with information regarding the use of the Services and the effectiveness of our advertisements. We allow these companies to place tracking technologies like cookies and web tags on the Services, and they may otherwise collect or have access to Usage Information and other information about you. Some of these parties may collect personal information over time when you visit the Services or other online Sites and services. We may share information, typically information that has been aggregated or de-identified, Usage Information, and location information with third party advertising companies, analytics providers, and other third parties including for targeted advertising purposes.

We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about the use of the Services and report on activities and trends. This service may also collect information about the use of other Sites, apps, and online services. You can learn about Google’s practices by going to https://policies.google.com/technologies/partner-sites, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

We use a variety of other third parties to perform advertising and analytics services, and some of these companies may be members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”). You may wish to visit https://optout.networkadvertising.org,which provides information regarding targeted advertising and the opt-out procedures of NAI members, including opt out mechanisms for web browsers, mobile and other connected devices, and a tool to opt out from participating NAI members using your hashed email address for interest-based advertising. You may also want to visit https://optout.aboutads.info/ which provides information regarding targeted advertising and offers an opt-out for DAA-participating companies. If you are a California resident, please see our “Notice to California Residents” section below regarding additional rights you have, including how to exercise your “Do Not Sell” and “Do Not Share” rights.

Please note that opting out through these mechanisms does not opt you out of being served advertising, and that you will continue to receive generic ads while online.

If you are a California resident, please see our Notice to California Residents regarding additional rights you have, including how to exercise your “Do Not Sell” right.

E. “Do Not Track” and Global Privacy Control Signals

Please note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to Sites and online services that you visit. When you choose to turn on the “Do Not Track” setting in your browser, your browser will send a signal to Sites, analytics providers, advertisement networks, plug-in providers, and other web service providers you encounter while browsing to stop tracking your activity. To find out more about and set up “Do Not Track,” please visit https://www.allaboutdnt.com

Global Privacy Control (“GPC”) is a technical specification in your browser settings that you can use to automatically inform Sites of your privacy preferences with regard to third party online tracking. To find out more about and set up GPC, please visit https://globalprivacycontrol.org/#about.

G. Your Choices About the Information We Collect

We may provide you with the option to update some of your information through the profile or other settings areas of your account. In addition, you may opt out of marketing communications as set forth below.

  • Email – You may unsubscribe from any marketing email we may send you through the opt-out mechanism included in each such email. We reserve the right to send you certain communications relating to your use of the Services, service announcements, notices of changes to this Privacy Policy, or other terms, or similar administrative or transactional messages, and such messages will be unaffected by any choice to opt out of marketing communications.
  • Text Messages – You may be able to opt-in to receiving text messages from one or more of our Services. You may opt-out by replying “STOP” to one of the text messages received.
  • Other Privacy Rights – If you are a resident of specific states or countries, you may have additional rights. Residents of the below listed regions should refer to the linked notices for more information on additional rights and how to exercise them:

H. Security of Your Information

We implement security measures to protect the security of your information. However, no Sites or Internet transmission is completely secure, and we cannot and do not guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information (including your account password) safe and to log out of your account after use.

 I. General Audience Services

The Services are not intended for children younger than the age of 18. We do not knowingly collect or solicit personal information from children younger than the age of 18.

J. Changes to this Privacy Policy

To the extent allowed by applicable law, we reserve the right to change this Privacy Policy at any time. We will inform you by posting a notice on the Services. We may also provide notice to you in other ways, such as through contact information you have provided. Your continued use of the Services after the effective date of the revised Privacy Policy will constitute your consent to those changes to the fullest extent allowed by applicable law. However, we will provide notice and obtain your consent (opt-in or opt-out) if required. Note that you may no longer be able to use certain or any features of the Services if you do not consent to the revised Privacy Policy.

L. How Long We Retain Your Information

We store the personal information we receive as described in this Privacy Policy for as long as you use our Services, until you request its deletion, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, prevent fraud, and comply with applicable laws.

M. Contact Us

If you have any questions, comments, or concerns regarding our Privacy Policy or practices, please call us at 1-800-604-2023.

N. Notice to California Residents

Please visit the following link: Notice to California Residents.

O. Notice to Nevada Residents

Nevada S.B. 220 provides consumers with the ability to opt out of the sale of their personal information. We do not sell your personal information as defined in S.B. 220. However, you may still submit an opt-out request, and if our practices were to change in the future, we would honor your request. If you are a Nevada resident and would like to opt out of the sale of your covered information, your request must be submitted in writing to Paradise Grills International, Inc., Attn: Legal Department, 640 Ocoee Business Parkway, Suite 80, Ocoee, Florida 34761. Your request must include your full name, street address, city, state, zip code, and a valid email address so that we can contact you if needed regarding your request. If you previously provided a phone number, including it will assist us in making sure we identify you as someone who wants to opt out. You may be required to take reasonable steps as we determine from time to time to verify your identity and/or the authenticity of your request.

 P. Notice to Virginia Residents

We set forth above the categories of personal data we process, the purpose for processing personal data, the categories of personal data shared, and the categories of third parties with whom personal data is shared.

If you are a Virginia Consumer and would like to exercise your rights pursuant to the Virginia Consumer Data Protection Act (VCDPA), and any implementing regulations adopted thereunder, please navigate to the bottom of the page, find the link labeled Manage My Cookies and click the link. There you can click on the tabs to navigate and edit cookies to opt-out of certain processing as described in more detail below.  Alternatively, you may mail your written request to Paradise Grills International, Inc., Attn: Legal Department, 640 Ocoee Business Parkway, Suite 80, Ocoee, Florida 34761. Your request must include your full name, street address, city, state, zip code, and a valid email address so that we can contact you if needed regarding your request. If you previously provided a phone number, including it will assist us in making sure we identify you as someone who wants to opt out. You may be required to take reasonable steps as we determine from time to time to verify your identity and/or the authenticity of your request.

Virginia Consumers have the following rights, all subject to the meanings and exceptions set forth in the VCDPA:

  1. To confirm whether we are processing your Personal Data and request to access such data (“Right to Access”).
  2. That we correct inaccurate Personal Data we hold about you (“Right to Correct”).
  3. That we delete the Personal Data provided by you or obtained about you (“Right to Delete”).
  4. To obtain a copy of the Personal Data previously provided by you to us and, to the extent feasible, in a readily usable format to allow data portability (“Right to Obtain”).
  5. To opt-out of:
  • the processing of your Personal Data for the purposes of targeted advertising (“Right to Opt-Out of Targeted Advertising”).
    *PGI engages in online advertising practices (and certain analytics or similar activities) that may be considered “targeted advertising” under the VCDPA. You may opt out of this processing by scrolling to the bottom of the page, finding the link labeled Manage My Cookies and clicking the link. There you can click on the tabs to navigate and edit cookies.
  • the processing of your personal data for the purposes of a sale (“Right to Opt-Out of Sale”).
    *PGI does not sell Personal Data to third parties for monetary compensation.
  • the processing of your personal data for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects (“Right to Opt-Out of Profiling”).
    *PGI does not process your personal data for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects as defined under VA law.

VCDPA Appeals. Pursuant to the VCDPA, if, for any reason, you would like to appeal our decision relating to your request, you have the right to submit an appeal and can do so by mailing your appeal to Paradise Grills International, Inc., Attn: Legal Department, 640 Ocoee Business Parkway, Suite 80, Ocoee, Florida 34761. Please include your full name, the basis for your appeal, and any additional information to consider.

Q. Additional Information for Canadian Residents

We make reasonable efforts to notify you of the purposes for which personal information will be used or disclosed and if the initial purpose changes. Please note, you may withdraw consent at any time (subject to legal or contractual restrictions and reasonable notice). Subject to certain limits set out in the applicable laws, Canadian residents also have the right to request access to the personal information that PGI collects and to update or correct personal information if it is inaccurate.

If you are a Canadian resident and would like to submit a request to access your personal information or to withdraw consent to the processing of your personal data, please mail your request to Paradise Grills International, Inc., Attn: Legal Department, 640 Ocoee Business Parkway, Suite 80, Ocoee, Florida 34761. To submit any requests for information on PGI’s privacy practices or to submit a complaint regarding our practices, please contact us at 1-800-604-2023 or mail your request to Paradise Grills International, Inc., Attn: Legal Department, 640 Ocoee Business Parkway, Suite 80, Ocoee, Florida 34761. Your request or complaint must include your full name, street address, city, province, postal code, and an email address so that we are able to contact you if needed regarding this request.

We cannot properly process requests or complaints that do not come through the designated request mechanism or do not contain sufficient information to allow us to process your request. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request. Once your request is processed, absent exemptions, we will provide you with details regarding what personal information we have, how it is used, and with which third parties it is shared.

Canadian residents may have additional rights under Canadian law, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and successor legislation. Please see the Sites of the Office of the Privacy Commissioner of Canada (https://www.priv.gc.ca/) for further information.

Canadian residents also may learn more about interest-based advertisements from participating third parties in Canada at the Canadian DAA choice page at https://youradchoices.ca/en/tools .

You and We confirm that it is our wish that this Privacy Policy, the Terms of Use, and all other related policies be drawn up in English. Vous reconnaissez avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s’y rattachent.

10. Sales/Use Tax

Items sold by PGI and shipped to locations in the USA, including territories, may be subject to sales/use tax.  Below is a non-exhaustive list of states that PGI is required to collect and remit sales/use tax to:

  • Alabama*
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • District of Columbia
  • Florida
  • Georgia
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Nebraska
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming
  • Alabama*
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • District of Columbia
  • Florida
  • Georgia
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Nebraska
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

 

* The State of Alabama created the Simplified Sellers Use Tax program (SSUT) under Statute § 40-23-192. The SSUT program allows eligible sellers to collect, report and remit a flat eight percent (8%) sellers use tax on all sales made into Alabama.

How sales/use tax is calculated

The amount of tax charged on your order depends on many factors, such as your purchase price and shipment/delivery address of your order. These factors can change between the time you place an order and when your shipment is complete. As a result, the tax calculated on your order may change. The tax rate applied to your order will be the combined state and local rates of the address where your order is delivered to or fulfilled from. For example, if you live in a state that does not impose a sales tax, you may still see tax calculated on your order if shipped to another state.

11. PGI Text Messaging Terms & Conditions

PGI offers recurring text messaging programs and occasional one-time or limited-duration text messaging programs. These Text Messaging Terms and Conditions (“Text Terms”) govern these text message programs.

By signing up to participate in our text messaging programs, you agree to these Text Terms, our Privacy Policy, and our Terms of Service. To the extent of any inconsistency, the Text Terms in this Section will apply to our text messaging programs.

A description of the specific program you are signing up for, including whether it is recurring or one time or limited duration, will be provided with the sign-up information. If you opt-in to a text message program, PGI will provide transactional information and/or marketing text messages. Our text message programs may include: shipment status details about packages for which you request shipment status notifications, customer service related texts, special offers, alerts, rewards, deals, updates, reminders, and other transactional and/or marketing texts and information (e.g. about price drops, low inventory, or new product releases/launches) from PGI. We may send reminders based on your activity on our Sites or app, such as abandoned cart reminders, browse abandonment (e.g., information and alerts based on the merchandise you viewed on our Sites), and post purchase follow-ups (e.g., offers related to original purchase, product recommendations based on previous purchases, survey or sweepstakes opportunities), which may be based on our use of cookies or other tracking technologies when you view content while logged onto your PGI account. You may choose to sign up for other text messaging programs, for example regarding specific programs or events. Messages may be in SMS, MMS or RCS format. Message frequency may vary. PGI reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Text messages may be sent using an automatic telephone dialing system, or artificial or pre-recorded voice. Your consent to receive such messages is not required as a condition of purchasing any goods or services. Message and data rates may apply.

PGI may transition from one short code or telephone number to another, and you consent to receive messages from the new short code or number.

To opt-in to receive text messages from a PGI text messaging program, please follow the instructions provided by PGI, which may include texting a message to a short code, providing your phone number online at our Sites, or by otherwise providing your consent. You may need to confirm your consent such as by replying Y or through another designated response to an initial text message sent to you.

To stop receiving text messages from a specific PGI text messaging program, text STOP to the five-digit short code or telephone number for the text messaging program from which you no longer wish to receive messages (i.e., the number from which its text messages are being sent). You may receive one final text message confirming that you have opted-out.

To enroll in the text messaging programs, you must be the mobile account holder, a resident of the United States, and 18 years of age or older. If you change your mobile phone number, you agree to promptly notify PGI by contacting us at 1-800-604-6023.

If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services (e.g., pre-paid users may not be able to participate). Check with your carrier to confirm. PGI and mobile carriers are not responsible or liable for any undue delays, failure of delivery, or errors in messages. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas.

To request more information, you may contact PGI at 1-800-604-6023.

PGI may revise, modify, or amend these Text Terms at any time. Any such revision, modification, or amendment shall take effect when it is posted to PGI’s Sites. You agree to review these Text Terms periodically to ensure that you are aware of any changes. Your continued consent to receive PGI text messages will indicate your acceptance of those changes. We may also notify you by other means, such as sending a text message to the number you used to sign-up for our text message program(s).

12. Your Product Care Responsibilities

By making your purchase, you agree to accept and perform the following product care responsibilities: 

STAINLESS STEEL POLISH

Properly polished and maintained stainless steel looks good and helps reduce the risk of corrosion. Since food particles and grease will corrode stainless steel over time, we recommended cleaning your grill after each use!

HARD SURFACE CLEANER

If you experience surface rust, oxidation, corrosion, grime, mineral deposits, discoloration or staining on your stainless steel, we recommend cleaning with an industrial strength cleaner and non-abrasive microfiber towel or pad. Surface rust, oxidation, corrosion, grime, mineral deposits, discoloration, staining, and cosmetic issues are not covered by warranty.

BBQ GRILL CLEANER

Cleaning the inside surfaces of your grill is vital for proper care and maintenance. Use a cleaner that is properly formulated to remove grease and food debris to help reduce the risk of grease fires and corrosion of the inside surfaces.

EXTERIOR SURFACE CLEANER

The exterior siding of your Outdoor Kitchen’s base unit has a stucco finish. Though durable and weather resistant, you will need to clean off any scuff marks or staining to maintain its finish. Use a non-abrasive general surface cleaner to reduce the risk of any damage or deterioration of the surface.

PROPER GAS REGULATOR REQUIRED

FOR EACH GRILL/GRIDDLE/SIDE BURNER CONFIGURED FOR LIQUID PROPANE (LP) GAS SUPPLY, CUSTOMER MUST PURCHASE AND INSTALL A LP GAS REGULATOR SET FOR ELEVEN (11) INCHES WATER COLUMN PRESSURE. FOR LP SUPPLIED APPLIANCES, A SIDE BURNER MAY NOT BE CONNECTED TO THE APPLIANCE’S SUPPLY LINE VIA A “T” ADAPTER; INSTEAD, A LP SIDE BURNER MUST BE CONNECTED TO AN INDEPENDENT REGULATOR, SUPPLY LINE AND LP TANK. A GRILL/GRIDDLE/SIDE BURNER CONFIGURED FOR NATURAL GAS (NG) SUPPLY COMES WITH A MANUFACTURER-SUPPLIED REGULATOR SET FOR FOUR (4) INCHES WATER COLUMN PRESSURE. A SIDE BURNER MAY BE CONNECTED TO THE NG SUPPLIED APPLIANCE’S SUPPLY LINE VIA A “T” ADAPTER, OR CONNECTED TO AN INDEPENDENT REGULATED SUPPLY LINE. All grills/griddles/side burners are convertible to/from NG or LP gas supply. You must hire a licensed technician to ensure safe and proper installation or conversion of all gas regulators, gas supply hoses, gas conversions, electrical lines, and plumbing connections. Never connect a gas supply line directly to an outdoor cooking gas appliance without a proper pressure regulator installed for the gas supply type (NG or LP). A pressure regulator must be installed and always used for safe and proper operation. Operating an outdoor cooking gas appliance without a proper pressure regulator installed may result in extreme temperatures, fire and/or explosion causing serious bodily injury, death and/or property damage, and voids all warranties.

OUTDOOR RATED ELECTRIC CORD EXTENSIONS

Your Outdoor Kitchen’s base unit is pre-wired with a GFI Electrical Box installed. This electrical box has a hanging plug pigtail for connection to one of your existing electrical outlets for power supply. You must supply a three-pronged 12-gauge outdoor rated extension cord long enough to reach your chosen electrical outlet.

REAR INFRARED BURNER AND REMOVAL OF WARMING RACK

To turn on your rear infrared burner, use the grill knob on the middle right labeled “REAR BURNER” in red lettering. The infrared burner need not be used during normal operation. It is designed to be used with the Rotisserie Kit.  Remove the warming rack before using the Rear Infrared Burner. Failure to do so will damage or warp the warming rack and void the warranty.

GRILL COVERS

Protect your investment with our custom fit GS/GSL-Grill, HSL-Hibachi, and/or CSL-Cocktail Station covers, which are sold separately.

PERMITS

PGI makes no warranty or representation as to any potential permitting requirements under any state or local laws, ordinances, building codes, Homeowner’s Association rules, or Condo Association rules, including without limitation, any permits that may be required for product installation or placement, gas connections, electrical connections, water/sewer connections, or property-line setbacks. Customer is solely responsible for determining and complying with any such ordinances, codes, and rules.

PROTECT YOUR INVESTMENT!

Stainless steel appliances and accessories are not self-cleaning.  Follow the instructions in this Product Care section to properly maintain your products for years of enjoyment.

13. Governing Law, Venue and Limitations.

These Terms & Conditions shall be exclusively governed by Florida law (except any choice of law rule directing application of another state’s laws) and the mandatory and exclusive jurisdiction venue for any litigation or dispute in any way related to or based upon your products purchased from PGI shall be in Orlando, Florida to the exclusion of all other venues. You and PGI: (i) may file claims in any way relating to or based upon your purchased products ONLY in their individual capacity, and not as plaintiff or member in any class, representative or consolidated action; and (ii) waive the right to claim or recover any incidental, indirect, special, reliance, general, ordinary, nominal, pain and suffering, exemplary, punitive, or consequential damages (collectively, “damages”). PGI’s maximum liability to you in any way related to or based upon your purchase (including without limitation, claims based on negligence, gross negligence, breach of contract, breach of warranty, statutory liability, regulatory liability, strict liability, third-party liability or any other theory of law) shall not exceed the total amount paid by you to PGI for your purchased items, including without limitation, all damages of any nature whatsoever, attorneys’ fees and court costs. If a court of competent jurisdiction determines that any term or condition of this Agreement is unenforceable, all remaining terms and conditions shall remain in full legal force and effect.

14. Waiver of Jury Trial

YOU AND PGI HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION IN ANY WAY RELATED TO OR BASED UPON YOUR PRODUCTS PURCHASED FROM PGI.

15. Interpretation

If any provision (or part thereof) of these Terms & Conditions is held by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision (or part thereof) will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any unenforceable provisions of these Terms & Conditions will be construed in a manner to reflect, as nearly as possible, the original intention of the parties consistent with applicable law. These Terms & Conditions (and the links contained herein) state the entire agreement between you and us. The Terms & Conditions may not be amended except as provided above.

16. Availability of Products and Services

Availability of products on our Sites are subject to change without notice. Products displayed on our Sites may be found online while supplies last.

We have made reasonable efforts to display accurate images of the products found on the Sites; however, we cannot guarantee that your computer monitor’s display of any images will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on our Sites is void where prohibited.

Full use of certain products and services, including remote access and mobile notifications, is dependent on, among other things, the transmission of data through your wi-fi network, enabled wireless device (such as a phone or tablet), Internet access, and use of a device with compatible software. The functionality of your device may influence performance of our Sites and our products and services, and it is your responsibility to ensure your device’s functionality and compatibility with our Sites. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

17. Accuracy of Billing and Account Information

We reserve the right to refuse any order or any part of any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Further, we reserve the right to verify the validity of all orders and cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms & Conditions. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of the terms and conditions of these Terms.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our Sites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

18. Miscellaneous

The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms & Conditions or to exercise any right under the Terms & Conditions will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms & Conditions.

The Section titles are inserted only as a matter of convenience and have no legal or contractual effect.

We may assign our rights and obligations under these Terms & Conditions to any party at any time without any notice to you and upon such assignment we may be relieved of any further obligation hereunder. No provision of these Terms & Conditions may be assigned by you without PGI’s prior written consent, and any unauthorized assignment and delegation by you is void.

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

Provisions of these Terms & Conditions that would logically survive termination will survive the termination of these Terms for any reason (including without limitation, the Privacy Policy; Governing Law, Venue and Limitations; and Waiver of Jury Trial.

The communications between you and us use electronic means, and you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PGI provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

PGI will not be liable for any delay or failure to perform, including failure to deliver purchased products or services, resulting from causes outside its reasonable control, including, but not limited to, acts of God.

These Terms constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings.

19. Contact Us

If you have any questions or concerns about these Terms & Conditions, please call us at 1-800-604-2023 or write to us at Paradise Grills International, Inc., Attn: Legal Department, 640 Ocoee Business Parkway, Suite 80, Ocoee, FL 34761.