Terms of Sale

These Terms of Sale are a binding contract between you and Francis Retail, LLC, a California limited liability company doing business as "Francis Retail" ("Francis Retail," "we," "us"). By transacting with us electronically, you agree under California's Uniform Electronic Transactions Act to conduct this transaction by electronic means.

You accept these Terms by checking the acceptance box and clicking "Place Order" (at checkout) or "Pay" (on a quote-payment link). The box is not pre-checked; checking it is your affirmative agreement, and it has the same legal effect as a handwritten signature. If you do not agree, do not place the order or pay the quote.

Record of your agreement. When you accept, we record and retain — in a form capable of accurate reproduction — the exact text and version of the Terms shown to you, the date and time of acceptance, your IP address, your browser/user-agent, and whether acceptance occurred at checkout or via a quote link. This record is a business record made in the ordinary course and is presumptive evidence of your acceptance of that version; nothing here limits your right to dispute its authenticity or accuracy, to contest whether you assented, or to assert any claim or defense, and nothing waives any right under the Consumers Legal Remedies Act, the Song-Beverly Consumer Warranty Act, or other law.

Which version governs. The version of these Terms identified in your order record governs that order. For in-person orders not placed through the website, you accept the Terms then in effect by signing (including electronically on a device we provide) an order or invoice that incorporates these Terms; if you do not separately sign, only the Terms actually presented to and acknowledged by you at that time apply.

You may create an account voluntarily, or an account may be created automatically when you place an order as a guest. Guest checkout creates an account tied to the email you provide, letting you view your order history and manage future orders.

• You can set a password at any time using the "Forgot Password" link on the login page.
• You are responsible for maintaining the confidentiality of your account credentials.
• You may request account deletion at any time by contacting us.

Francis Retail is a liquidation reseller. Products are sourced from overstock, open-box, customer returns, and liquidation channels. Condition grades reflect each item's state as assessed by our team at the time of listing.

• Products may show signs of previous handling, opened packaging, or minor cosmetic wear unless listed as "Brand New."
• Items marked "As Is" are sold in their current condition; see the warranty section below.
• Original manufacturer warranties may not apply to liquidation products.
• Stated retail values and comparison prices are good-faith estimates for your convenience and do not create a warranty. Prices may change without notice.

By placing an order through our website or at our warehouse, you agree to pay the listed price plus applicable sales tax. All prices are in US dollars. Card payments are processed through our payment processor; your card details are transmitted directly to the processor and are never stored on our servers.

• Online payments: Credit/debit cards, Apple Pay, Google Pay, Cash App Pay, Amazon Pay, Link, Afterpay, Klarna, and Affirm.
• In-store payments: Cash, Zelle, and credit/debit cards.
• Financing: Afterpay, Klarna, and Affirm are available at checkout, subject to those providers' terms and approval.
• Payment processing fees are disclosed before payment. They are retained and deducted only from refunds issued under the authorized change-of-mind return program; refunds for damage or undisclosed defects, or for orders we cancel, are never reduced by the processing fee.
• We reserve the right to cancel or refuse any order, including for availability errors or pricing mistakes.
• Liquidation inventory is limited and fulfilled first-come, first-served.

We offer local pickup at our warehouse and delivery for select items. For full details see our Shipping & Pickup page.

• Local pickup is available during warehouse business hours at no additional charge.
• Delivery timelines are estimates and not guaranteed.
• Risk of loss passes to you when you take possession at pickup, or on completion of delivery to your address (including carrier delivery for shipped and freighted orders). Until then, transit risk is ours: damage on arrival is handled under the Damage & Defect Resolution term at our cost, and claims against the carrier are filed and owned by Francis Retail.

Our return policy is tiered. Damage on arrival or an undisclosed defect, reported within 48 hours, is resolved at no cost to you under the Damage & Defect Resolution term below: Francis Retail elects the remedy (replacement parts, repair, a replacement unit, a partial refund or credit, or a return with refund), and if no elected remedy resolves the problem within 30 days of your timely report, you may elect a refund. Change-of-mind returns are available on eligible Brand New and Open Box items (7-day window, authorization required, customer pays return cost, restocking fee of 15–30% by return condition). Refurbished items are defect-only, and "As Is For Parts" items are final sale. Items we installed at your home (gazebos, sheds, pergolas, large fitness equipment) are not eligible for change-of-mind returns.

Restocking fees, return transport, and the payment processing fee are deducted only from change-of-mind refunds — never from refunds for damage or undisclosed defects, or for orders we cancel. Full details are on our Returns Policy page.

If an item arrives damaged or has a defect that was not disclosed before sale, and it is reported within the 48-hour window, Francis Retail will resolve it at no cost to the customer. Francis Retail elects the remedy, in this order of preference, choosing the first that reasonably resolves the problem: (1) replacement parts; (2) repair; (3) a replacement unit of the same or better grade; (4) a partial refund or store credit reflecting the diminished value, with the customer keeping the item; or (5) return of the item at Francis Retail's cost with a refund of the full price paid for the item to the original payment method. This is the customer's sole and exclusive remedy for damage on arrival and undisclosed defects and applies notwithstanding any general description on our website. If Francis Retail does not provide a remedy that resolves the problem within 30 days of a timely report, the customer may elect a refund of the price paid for the item to the original payment method. Refunds under this term are not reduced by restocking, return-transport, or payment-processing fees. Nothing in this term limits any non-waivable right under California law, including under the Song-Beverly Consumer Warranty Act.

Change-of-mind returns are accepted only with Francis Retail's prior written authorization, within 7 days of receipt, on items sold as Brand New or Open Box (New / Like New / Good), unused and resalable. The customer pays return transport and a restocking fee of 15–30% based on returned condition per the posted schedule; deductions are itemized in writing before the refund is processed to the original payment method. Refurbished items are defect-only; As-Is items and installed items are not returnable. Returns Francis Retail elects as a damage/defect remedy carry no restocking fee.

Freight delivery, inspection & claims

Freight is delivered curbside with liftgate by a third-party carrier; the carrier does not bring items inside, unpack, assemble, or remove packaging unless white-glove service was purchased. An adult (18+) must be present to receive and sign. Customer must inspect all freight before signing the delivery receipt/POD/BOL and must write any visible damage, shortage, or packaging issue (crushed packaging, puncture, wet packaging, broken pallet, missing item) on it before signing; photograph the freight, packaging, labels, and pallet; and retain all packaging and pallet materials until Francis Retail confirms in writing that any claim is closed. Concealed damage must be reported within 48 hours of discovery and no later than 5 business days after delivery. Risk of loss remains with Francis Retail until delivery. Claims against the carrier are filed and owned by Francis Retail and any proceeds belong to Francis Retail; the customer's remedy is the remedy Francis Retail elects under the Damage & Defect Resolution term and is not conditioned on carrier payment. Customer agrees to cooperate with the carrier claim (provide the notated BOL and photos; make the item and packaging available for inspection; do not discard, repair, or alter the item until the claim is closed). Failure to perform these duties may reduce the remedy to the extent it prevents verification or prejudices the carrier claim; a delivery receipt signed without notation is treated for later-reported visible damage as a concealed-damage claim. Do not refuse delivery without first calling Francis Retail from the delivery location; an unauthorized refusal is treated as a change-of-mind return, with round-trip freight, carrier storage and reconsignment charges, and the applicable restocking fee deducted from any refund.

Parcel shipping — damage claims

Parcel shipments (UPS/FedEx-class) must be inspected on arrival. Report damage or undisclosed defects within 48 hours of the carrier's recorded delivery (concealed damage within 48 hours of discovery, no later than 5 business days after delivery), with photos of the item and all packaging; retain all packaging until Francis Retail confirms in writing that the claim is closed. Risk of loss remains with Francis Retail until delivery. Carrier claims are filed and owned by Francis Retail; the customer's remedy is the remedy Francis Retail elects under the Damage & Defect Resolution term and is not conditioned on carrier payment. When Francis Retail elects a return, it provides a prepaid label.

Dimensions & delivery access

Customer is responsible for confirming product dimensions and delivery access (doorways, stairways, elevators, gates) before ordering. Fit or access failures are not defects and, if a return is authorized, are handled as change-of-mind returns under the posted return program.

Declared-value coverage (where purchased)

The declared-value coverage purchased on this order increases the declared value of the shipment with the carrier or a third-party coverage provider. It funds Francis Retail's recovery from the carrier and does not alter the customer's remedy, which remains the remedy Francis Retail elects under the Damage & Defect Resolution term regardless of the coverage outcome.

We use a detailed condition grading system, from factory-sealed Brand New to As-Is items sold for parts or repair; some products are professionally refurbished. For a full breakdown of all condition grades, see our Condition Guide.

Francis Retail, LLC is a liquidation reseller, not the manufacturer. Any transferable manufacturer warranty is passed through to you and is solely between you and the manufacturer. Where we offer an express remedy on a unit (such as our 48-hour defect window) or a manufacturer warranty applies, the implied warranties of merchantability and fitness are limited in duration to that remedy or warranty (and for new goods not less than 60 days nor more than one year; for used goods not less than 30 days nor more than three months). Except for that express remedy and any manufacturer warranty, and to the fullest extent permitted by law, the goods are provided without any other express or implied warranty. Items conspicuously marked "As Is" / "With All Faults" before purchase are sold with all warranties disclaimed to the fullest extent permitted by the Song-Beverly Consumer Warranty Act. Stated retail values, comparison prices, condition grades, and photographs are good-faith estimates and do not create an express warranty. Nothing here waives any non-waivable right under the Song-Beverly Consumer Warranty Act, the Consumers Legal Remedies Act, or California's false-advertising and unfair-competition laws.

Nothing in these terms asks you to waive, and you do not waive, any claim for personal injury or wrongful death, or any liability for our gross negligence, recklessness, willful or intentional misconduct, fraud, strict product liability for a defective product, or any non-waivable right under the Song-Beverly Consumer Warranty Act or the Consumers Legal Remedies Act; your rights for a defective product that causes injury are fully preserved. Many items we sell — including gazebos, pergolas, canopies, sheds, large fitness equipment, and heavy or anchorable furniture ("Heavy Goods") — can cause serious injury or property damage if assembled, anchored, loaded, used, or maintained improperly. You agree to read and follow the manufacturer's assembly, anchoring, weight-capacity, wind/snow-load, maintenance, and safety instructions and all warning labels. If you believe a product is defective or unsafe, please stop using it, keep others away, notify us promptly in writing, and where you can safely do so preserve the product and all components in their as-found condition so we and the manufacturer can inspect them.

If you decline professional installation by Francis Retail and instead assemble, anchor, install, or move a Heavy Good (such as a gazebo, pergola, shed, or large fitness equipment) yourself or through anyone other than Francis Retail, you acknowledge the inherent risks of doing so and, to the fullest extent permitted by California law, you knowingly assume those risks and release Francis Retail from its own ORDINARY NEGLIGENCE (only) in connection with such self-installation and subsequent use, with this release limited to claims for PROPERTY DAMAGE AND ECONOMIC LOSS only. This release does NOT apply to, and you do not waive: gross negligence, recklessness, willful or intentional misconduct, fraud, any product defect or strict products liability, personal injury or death, or any right California law does not permit to be released or waived, including under the Song-Beverly Consumer Warranty Act and the Consumers Legal Remedies Act. This term is read as narrowly as necessary to be enforceable and is severable.

These terms apply when Francis Retail, LLC delivers and assembles, anchors, or installs a product at your location. Nothing here releases or limits our liability for our own negligence causing personal injury, for gross negligence, fraud, or willful misconduct, or any non-waivable consumer right. You represent that you own or are authorized to permit work at the location, that you selected the location and product, and that, to your knowledge, the chosen surface is structurally adequate; we install on the existing surface "as found" using the manufacturer's hardware and instructions and perform no geotechnical, soil, structural, or engineering analysis unless separately quoted in writing. Installation does not include footings, concrete pads, drainage, electrical, engineered foundations, or permit-required structural work unless purchased separately. You are responsible for building permits, HOA/architectural approval, setback compliance, and for locating and marking underground or concealed utilities before the crew arrives. You acknowledge the manufacturer's wind-load, snow-load, and use ratings and that we do not warrant suitability for your specific exposure or conditions. At completion you (or your adult representative) will inspect the installation with the crew and confirm it is assembled, level, anchored, and free of visible defects; your signed or electronic acceptance, with photos and timestamp, records the condition at handoff only and is NOT a waiver of claims for concealed or latent defects or of any non-waivable right. You are responsible for ongoing maintenance, including periodically re-torquing fasteners, inspecting anchors, and securing or removing components in adverse weather per the manufacturer. Except to the extent caused by our own negligence, gross negligence, or willful misconduct, we are not responsible for failure, damage, or injury caused by undisclosed or inadequate site conditions, materials you supplied, weather or events exceeding the product's rated limits, overloading or abnormal use, or any relocation, modification, or alteration by anyone other than us.

To the fullest extent permitted by California law, you agree to indemnify and hold harmless Francis Retail, LLC and its owners, officers, employees, agents, delivery crews, and installation subcontractors from, and to reimburse the reasonable defense costs (including reasonable attorneys' fees) of, third-party claims to the extent caused by: your use of a product contrary to the manufacturer's instructions or stated limits; any modification, relocation, re-anchoring, or repair not performed or authorized by us; your failure to perform required maintenance, inspection, anchoring, or seasonal take-down; unsafe, non-compliant, or unpermitted site conditions you provided or were responsible for; the acts of you, your household, or your agents; or your breach of these terms. Your obligation is limited to the portion of liability and defense cost fairly attributable to your conduct and does NOT apply to any claim to the extent caused by our own negligence, gross negligence, recklessness, willful or intentional misconduct, fraud, or violation of law, by a defect in the product itself, or to any obligation we owe you that cannot be waived under California law. We will reciprocally indemnify you for third-party claims to the extent caused by our own negligence, our defective product, or our defective installation workmanship. This term survives delivery, return, or termination and is severable consistent with Civil Code § 1670.5.

PLEASE READ — THIS LIMITS THE AMOUNT AND TYPES OF DAMAGES YOU CAN RECOVER FROM US. For any problem with a product or service, your sole and exclusive remedy is the remedy Francis Retail elects under the Damage & Defect Resolution term (replacement parts, repair, replacement, partial refund or credit, or return with refund), or where that term does not apply, at our option, repair, replacement, or a refund of the amount you actually paid for the specific product or service — and in the event of any conflict between these terms and any page of our website, these terms control. To the maximum extent permitted by California law, the total aggregate liability of Francis Retail, LLC and its owners, officers, employees, agents, and contractors arising out of any product, delivery, assembly, or installation — whether in contract, warranty, negligence, strict liability, or any other theory — shall not exceed the amount you actually paid us for the product or service on which the claim is based, and we shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or loss of use, even if a limited remedy fails of its essential purpose. THESE LIMITS DO NOT APPLY TO, AND NOTHING IN THESE TERMS LIMITS: (a) liability for death or personal or bodily injury; (b) fraud, intentional misconduct, or willful injury; (c) gross negligence; (d) any violation of law; or (e) any right that cannot be waived or limited under California law, including the Consumers Legal Remedies Act and the Song-Beverly Consumer Warranty Act. Any portion held unenforceable is reformed and enforced to the maximum extent permitted by California law, and the remainder stays in full force.

These terms, and any dispute relating to them, your order, or any product, delivery, or installation service, are governed by the laws of the State of California, without regard to conflict-of-laws rules, and nothing waives any non-waivable right under the Consumers Legal Remedies Act or the Song-Beverly Consumer Warranty Act. Except for matters that may be brought in small claims court, and except where applicable law gives you a non-waivable right to a different venue, the state and federal courts located in Los Angeles County, California are the exclusive forum, and each party consents to personal jurisdiction there. In any action or proceeding to enforce these terms, the prevailing party may recover its reasonable attorneys' fees and costs to the fullest extent permitted by law (Civil Code § 1717, applied reciprocally); however, where you are an individual consumer asserting claims under a consumer-protection statute that provides one-way fee recovery, we will not seek to recover our fees or costs from you except as that statute independently authorizes.

If you have a concern about a charge or a delivered or installed item, please contact us first in writing at [email protected] and allow 30 days to resolve it; this is a required first step before filing a lawsuit, and is a request — not a condition — for any dispute you raise with your bank or card issuer. Nothing in these terms limits, delays, waives, or penalizes any right you have under the Fair Credit Billing Act, Regulation Z, Regulation E, or card-network rules to dispute a charge. If, after the dispute process concludes, a charge is determined to be valid under these terms (for example, a completed installation you accepted, a conspicuously disclosed As-Is or final-sale item, or a properly disclosed restocking deduction), you remain responsible for that amount; and if a chargeback on a valid charge is later reversed or found unwarranted, you agree to reimburse our actual, documented, reasonable costs of responding (such as bank representment and processing fees), which the parties agree are a reasonable approximation of those costs and not a penalty. This does not apply to any charge you dispute in good faith. You acknowledge that these terms, your acceptance record (date, time, IP address, and device), order documentation, and any completion sign-off may be retained and submitted as evidence in any dispute, chargeback, or proceeding.

To the fullest extent permitted by law, any claim arising out of or relating to these terms or any product or service must be filed within one (1) year after the cause of action accrues — meaning after the claim arose or, where a delayed-discovery rule applies, after it was or reasonably should have been discovered — and is permanently barred thereafter. This limit does not apply to, and does not purport to shorten, any limitations period that cannot lawfully be shortened by agreement, including claims for personal injury, claims under the Consumers Legal Remedies Act, the Song-Beverly Consumer Warranty Act, or the Unfair Competition Law. This limit applies equally to both parties.

Francis Retail, LLC is not liable for any delay or failure to perform caused by an event beyond its reasonable control that it could not have prevented or avoided through reasonable diligence, including acts of God, fire, flood, earthquake, severe weather, epidemic or pandemic, war, terrorism, civil unrest, government action or order, utility or telecommunications outages, labor disputes, and failures or shortages of carriers, suppliers, transportation, or inventory to the extent caused by such an event. We will use commercially reasonable efforts to notify affected customers, mitigate the impact, and resume performance as soon as reasonably practicable; our time to perform is extended for the duration of the event and its effects. If such an event prevents performance for more than thirty (30) days, we may cancel the affected order, and a refund of amounts paid for undelivered products will be your sole and exclusive remedy for the delay or non-performance. Nothing in this term limits any right or remedy that cannot be waived under California law, including the Consumers Legal Remedies Act.

Some products allow you to submit a price offer. Submitting an offer is not a binding contract.

• Francis Retail may accept, counter, or reject any offer at our sole discretion.
• Offers expire after 7 days if not responded to.
• Counter-offers include a time-limited coupon code; if the coupon expires, the counter-offer is no longer valid.
• An accepted offer does not guarantee availability. Inventory is first-come, first-served.

By opting in to SMS, you agree to receive automated texts from Francis Retail regarding order updates, delivery notifications, review requests, and promotional offers.

• Consent to receive SMS is not a condition of purchase.
• Opt out anytime by replying STOP; reply START to re-subscribe.
• Message frequency varies. Standard message and data rates may apply.
• For help, reply HELP or contact us at (562) 568-8883.

All content on the Francis Retail website — text, graphics, logos, images, and software — is the property of Francis Retail, LLC or its content suppliers and is protected by copyright and intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission. Product names and brands are trademarks of their respective owners.

We may update these Terms from time to time. Each version is dated (this version: Terms 2026-07-31; Damage, Returns & Remedies Policy 2026-07-31), and prior versions are available on request. The version displayed and accepted at the time you placed a given order governs that order in full; updates apply only to orders placed on or after the update's effective date and do not retroactively alter the rights or obligations of any purchase you already completed. Where a material change applies to your purchase, the then-current Terms are presented for your review at checkout, and placing your order after their effective date constitutes acceptance. Nothing in this section limits any non-waivable right you have under California law, including the Consumers Legal Remedies Act.

These terms, together with your order confirmation, any quote you accepted, and the documents incorporated by reference (including the full Terms of Sale at francisretail.com/terms), are the entire agreement regarding your purchase and supersede prior or contemporaneous communications on that subject, except for a separate agreement you and Francis Retail sign that expressly governs, which controls to the extent of any conflict. If any provision is held invalid or unenforceable, it shall be enforced to the maximum extent permitted, reformed to the minimum extent necessary, or severed, and the remaining provisions remain in full force. No failure or delay in exercising any right is a waiver, and any waiver is effective only in a writing signed by an authorized representative and only for the instance given. You may not assign these terms without our prior written consent; we may assign them, including in a merger, acquisition, reorganization, or sale of assets, provided the assignment does not reduce your rights. Provisions that by their nature should survive — including Limitation of Liability, disclaimers, indemnification, governing law/forum/fees, payment disputes, and the time limit for claims — survive completion or termination. Nothing in these terms waives any right or remedy that cannot be waived under California law, including under the Consumers Legal Remedies Act, the Song-Beverly Consumer Warranty Act, and Civil Code § 1668; this sentence controls over any conflicting language.

Questions about these Terms of Sale, or want to raise a concern or Notice of Dispute? Contact us: