Terms and Conditions

This Website is operated by Ultra Modern Pool and Patio, Inc. All inquiries may be directed to:

Ultra Modern Pool & Patio, Inc.
Corporate Office
8100 W. Kellogg Dr.
Wichita, KS 67209

Your use of this Website is governed by these terms and conditions. Please take a few minutes to review these terms and conditions. Your use of the ultramodern.com Website constitutes your agreement to follow these rules and to be bound by them. If you do NOT agree with any of these terms and conditions, do NOT use the ultramodern.com website.

Terms are Subject to Alterations or Change

Ultra Modern Pool & Patio reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the ultramodern.com Website following any such change constitutes your agreement to follow and be bound by the terms and conditions at the time of change. For this reason, we encourage you to review these terms and conditions each time you visit our Website.

Copyright & Intellectual Property Notice

All of the content you see on this Website, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the ‘Content’) is the exclusive property of Ultra Modern Pool & Patio, Inc. and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Ultra Modern, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Ultra Modern. The entire Content of the ultramodern.com Website is copyrighted as a collective work under U.S. and other applicable copyright laws, and Ultra Modern owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the ultramodern.com Website, and the Website as a whole, are intended solely for the personal and non-commercial use of the users of our site. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Ultra Modern Pool & Patio, Inc. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Ultra Modern reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Ultra Modern Pool & Patio, Inc.

Use of Website

The ultramodern.com Website is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving the select goods and services and/or to otherwise transact business with or contact Ultra Modern, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. In particular, Ultra Modern expressly prohibits third parties from opting out of Ultra Modern’s services and/or contacts on behalf of a Ultra Modern customer or other person or entity, without both (a)

Ultra Modern’s full knowledge as to the surrogate action being taken and (b) Ultra Modern’s express permission. This prohibition is intended to protect the privacy and freedom of Ultra Modern’s customers and the personal relationship Ultra Modern works to develop with its customers and others authorized to use its site.

Repeat Infringers

Your account may be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

Submissions

We openly welcome your comments regarding the ultramodern.com Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to ultramodern.com shall be and will remain the exclusive property of Ultra Modern Pool & Patio, Inc. Your submission of any such Comments shall constitute an assignment to Ultra Modern of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Ultra Modern will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Product Information

Most products displayed on this site are available in select Ultra Modern Pool & Patio stores. In some cases, merchandise displayed for sale on this site may not be available at Ultra Modern stores or other physical locations.

Pricing

U.S. Pricing Policy (effective date August 1, 2015)

Our goal is to have clear and understandable pricing for our products. Our product prices are consistent in catalogs,in stores and online. Although, product prices may be displayed differently in our physical Ultra Modern Pool & Patio stores.

Colors

We have done our best to display as accurately as possible the colors of the products shown on this Website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Disclaimer

This site and all contents of this site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this site, that your use of this site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Ultra Modern Pool & Patio, Inc. shall not be held liable for any damages of any kind related to your use of this site.

Indemnification

You agree to defend, indemnify and hold Ultra Modern Pool & Patio, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys’; fees, arising from or related to your use of the site and services, including, without limitation, your use of this ultramodern.com website in violation of these Terms of Use.

Online Exchange / Return Policies

At Ultra Modern Pool & Patio, Inc., we firmly believe in the quality of our products, our selection and our service. We strongly desire to make each and every purchase from Ultra Modern, a customer experience that only continues to build positive rapport between us. If you find yourself unsatisfied, we will do our absolute best to make things right and follow through with your concerns or issues.

Proof of Purchase on Eligible Items

To ensure you receive your appropriate refund, exchange or credit on eligible items, products or services of purchase, in accordance with any and all State’s and their coinciding laws that apply to your return, Ultra Modern considers the following as “proof” of purchase.

• eReceipts
• Original Paper Receipts
• Order Number

Non-Furniture Exchange/Return Policy

We WILL accept returns or exchanges of non-furniture items if:

• A valid proof of purchase is provided. (See above)
• Items are returned within 30 days on original purchase receipt.
• Non-Furniture items are returned in original condition: in original packaging, unopened and unused.

*IF you do discover that an item has a manufacturers defect or was damaged while in transit to you, we will accept the item for return or exchange with proof of purchase. Without proof of purchase, item can only be exchanged for the identical item. (If item is available and in stock)

We are not able to accept any items for return or exchange WITHOUT prior proof of purchase. Items purchased as final sale are unable to be returned, repaired or exchanged.

When returning products to brick and mortar locations, it must be the same store where the original purchase took place, or returning products by mail, if the purchased item was an online or phone order and was received through the mail.

Issuing Refunds or Credits

We will issue appropriate refunds or credits only, like previously stated, with a valid proof of purchase, (see above), and the purchase price of the item, product or service will be refunded in the original form of tender for payment.

Process of Returning Items to Store or by Mail

To exchange or return eligible non-furniture items at a physical, store front location, you need to bring proof of purchase, as well as the item or product purchased. Check the “Non-Furniture Exchange/Return Policy” above for details regarding items that are deemed eligible, and what Ultra Modern considers valid forms of proof of purchase.

For mail exchanges or returns, follow the instructions printed on the “Packing Slip” that is included with your order. Package the item properly as requested and mail it to the Ultra Modern Pool & Patio address given on the Packing Slip. Also, while original shipping and handling charges are non-refundable in any situation; IF your product has any manufacturer defects or damage caused from transit, Ultra Modern will pay for return shipping charges. All other shipping and handling charges or costs associated with the exchange or returns process back to Ultra Modern via mail will be the responsibility of the customer.

Shipping Policy

Ultra Modern Pool & Patio, Inc. offers shipping based on weight and the size of the package. Each product is loaded on our site with its size and weight. For orders with multiple items, the shipping total will be based on the total weight of all the items in the order. There is an added $4.00 handling fee. Our shipping methods offered are with the United States Postal Service (USPS) and United Parcel Service (UPS). Any applicable hazardous material fees will be added to the shipping price.

Any in-stock material order will be shipped by the next day. If an order is received early enough in a day, the order will go out the same day. Any out of stock items ordered, a potential of 3-6 weeks will be added to the shipping time frame. Ultra Modern Pool & Patio will contact you with an estimate.

Our Shipping Options:

UPS Options: Ground, 2nd Day Air

USPS Options: First-Class Mail Parcel, First-Class Package Service, Priority Mail

Local Delivery: Spend $100 and live in the Wichita city limits, we will provide a front porch drop off free of charge within three business days.

Freight Shipment: Freight company and transit speed dependent on destination address an cost.