Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your use of the website and services provided by Penguin Shades Inc. ("Company," "we," "our," or "us"), located at penguinshades.com. By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the new Terms.

Description of Services

Penguin Shades provides custom window treatment products and services, including but not limited to:

• Custom blinds, shades, shutters, and drapery
• In-home design consultations
• Professional measurement services
• Expert installation services
• Motorization and smart home integration
• Repair and maintenance services

Services are available throughout our published service area in Tracy, the Tri-Valley, and the South Bay. Appointment availability may vary by location.

Consultations and Quotes

We offer free in-home consultations to assess your window treatment needs and provide personalized recommendations. Quotes provided during consultations are valid for 30 days from the date of issuance unless otherwise specified.

All quotes are estimates based on information provided at the time of consultation. Final pricing may vary based on actual measurements, material selection changes, or unforeseen conditions discovered during installation.

Orders and Payments

Order Confirmation

Orders are confirmed upon receipt of a signed agreement and required deposit. All custom orders are made-to-order specifically for your windows and cannot be cancelled once production has begun.

Payment Terms

• A deposit (typically 50%) is required to begin production
• Final payment is due upon completion of installation
• We accept major credit cards, checks, and financing options
• All prices are in US dollars and subject to applicable taxes

Financing

We offer financing options through third-party providers. Financing is subject to credit approval and the terms of the financing agreement. We are not responsible for terms set by financing providers.

Cancellation and Refund Policy

Due to the custom nature of our products:

• Before Production: Orders may be cancelled within 3 business days of signing for a full refund of deposit
• After Production Begins: Orders cannot be cancelled, and deposits are non-refundable
• Defective Products: We will repair or replace any product with manufacturing defects at no additional cost
• Installation Issues: Any installation-related issues will be corrected at no charge

Warranty

Penguin Shades stands behind the quality of our products and installation:

• Product Warranty: Varies by manufacturer, typically 3-10 years on materials and components
• Installation Warranty: 1-year warranty on all installation work
• Motorization: Motor warranties vary by manufacturer (typically 5-10 years)

Warranty does not cover damage caused by misuse, accidents, unauthorized modifications, or normal wear and tear. Detailed warranty information is provided with each order.

Customer Responsibilities

As our customer, you agree to:

• Provide accurate information about your windows and requirements
• Ensure access to the installation area on the scheduled date
• Clear the area around windows before installation
• Be present or have an authorized adult present during installation
• Notify us promptly of any issues with installed products
• Follow care and maintenance instructions provided

Installation Terms

Our professional installation includes:

• Installation of purchased window treatments
• Removal of existing blinds/shades (upon request)
• Demonstration of product operation
• Cleanup of installation area

Additional charges may apply for special installation requirements, such as extra-high ceilings, hard-to-reach windows, or removal of specialty existing treatments.

Limitation of Liability

To the maximum extent permitted by law, Penguin Shades shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with our services.

Our total liability for any claim arising from our services shall not exceed the amount you paid for the specific product or service giving rise to the claim.

Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Penguin Shades or our content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

Website Use

When using our website, you agree not to:

• Use the site for any unlawful purpose
• Attempt to gain unauthorized access to any portion of the website
• Interfere with or disrupt the website or servers
• Use automated systems to access the website without permission
• Transmit viruses or other harmful code
• Collect user information without consent

Dispute Resolution

Any disputes arising from these Terms or our services shall first be addressed through good-faith negotiation. If a dispute cannot be resolved informally, it shall be submitted to binding arbitration in San Joaquin County, California, in accordance with the rules of the American Arbitration Association.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in San Joaquin County, California.

Contractor Information

Penguin Shades Inc. is a licensed contractor in the State of California.

California State Contractor's License: #1140691

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.