Nych Group, LLC — WamBam Fence® · Zippity Outdoor Products® · Enclo Privacy Screens®
The Short Version. This summary is here to be helpful. It isn’t part of the agreement — the numbered sections below are.
We stand behind what we make. Each of our brands has its own Limited Warranty covering defects in materials and workmanship, and it applies whether you bought from us or from a retailer, whether or not you register your product — though registering extends it on most products. If something’s wrong, tell us and we’ll sort it out.
These terms cover the practical stuff: ordering from our website, shipping, what we’re responsible for, and what happens in the unlikely event something can’t be sorted out. Section 8 asks two things of you — bring a claim within a year, and bring it individually rather than as part of a class action. We’ve flagged that here rather than burying it.
We’ve kept this short on purpose.
These terms are an agreement between you and Nych Group, LLC d/b/a Nych Brands, 6935 Reames Rd., Charlotte, NC 28216 (“we,” “us,” “our”). They cover your use of our websites — wambamfence.com, zippity-outdoor.com, encloscreens.com — and any purchase you make directly from us.
By using our sites or ordering from us, you agree to these terms and to our Privacy Policy.
If you bought from a retailer — Home Depot, Lowe’s, Walmart, Amazon, Wayfair — your purchase is with that retailer, and their terms and return policies apply to it. The Limited Warranty for your brand still covers your product, on the terms set out in it.
You need to be 18 to place an order, because that’s the age at which a purchase agreement becomes binding. Placing an order is an offer to buy; it’s accepted when we confirm it. We may decline or cancel an order — for suspected fraud, a pricing or description error, quantity limits, or if we can’t ship to you — and we’ll tell you if we do. If a price was wrong, we’ll refund you rather than hold you to it.
Prices, taxes, and shipping are as shown at checkout. Products are for your own use, not for resale or export.
Returns are handled under our Returns Policy.
Delivery dates are estimates, and we’re not responsible for carrier delays or weather.
Please inspect your shipment when it arrives. Damage in transit, missing parts, and wrong items need to be reported to us within 30 days of delivery, with photos. Those are handled under the Returns Policy, not the warranty, and we’ll make it right.
Colors and finishes can look different on your screen than in your yard, and there’s natural variation between production runs. That’s normal and isn’t a defect. Dimensions, weight limits, and installation requirements are part of the product — please read them before you buy.
Each brand — WamBam Fence, Zippity Outdoor Products, and Enclo Privacy Screens — has its own Limited Warranty, published on that brand’s website, and we’ll send you a copy free on request if you email warranty@nychbrands.com. The warranty for your brand is part of these terms. It is the only warranty we give on that product, and nothing in Section 7 below takes anything away from it.
You or your contractor install our products. We don’t install, and we’re not responsible for anyone who does.
Before you install, it’s on you to check that your project complies with local building codes, permit requirements, height and setback rules, easements, and any HOA rules — and that it’s entirely on your own property. We don’t review or approve any installation against any code or association rule, and we can’t cover the cost of removing, moving, or modifying something that doesn’t comply or that crosses a property line.
Pool barriers. Unless we’ve told you in writing that a specific product is certified as a swimming pool safety barrier, don’t use it as one. Pool barriers have their own requirements for height, gap spacing, self-closing and self-latching gates, and climbability, and getting them wrong can let a child reach the water. Talk to your local building department before installing anything around a pool.
Our products are covered by their brand’s Limited Warranty. This section doesn’t change that.
Our website is provided as-is. We don’t promise it will always be available, error-free, or completely accurate, and we disclaim the implied warranties of merchantability and fitness for a particular purpose as to the website and its content. Please don’t rely on the site as your only source for anything that matters.
Limits on what we owe. Except as stated below, we’re not liable for indirect or consequential losses — lost profits, loss of use, the cost of taking something out and putting it back, or damage to other property. Our total liability for any claim is capped at what you paid us for the product involved, or $100, whichever is greater.
What we don’t limit. None of this applies to injury. We do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law doesn’t let us limit. If we hurt someone, that’s on us.
Some states don’t allow certain limits, so parts of this may not apply to you.
Tell us, and we’ll put it right. Email warranty@nychbrands.com or call us. In our experience almost everything gets sorted out in a phone call or two, and that’s how we prefer to work.
If something can’t be resolved that way, please give us 60 days from the time you tell us about it to try — and we’ll do the same before raising anything with you. We would much rather fix a problem than argue about one.
Two things we do ask.
First, please bring any claim within one year of when it comes up, or within the shortest period the law allows if that’s longer than a year. Problems are much easier to sort out while everyone still remembers the details.
Second, please bring it on your own behalf rather than as part of a class or group action. We’re a small company and we’d rather deal with your situation directly than through a process where nobody actually talks to you. If a court decides this can’t be enforced for a particular claim, that claim proceeds in court and the rest of this section still applies.
North Carolina law governs these terms. If something ever does end up in court, we both agree to the state and federal courts in Mecklenburg County, North Carolina — except that you can always bring an individual claim in small claims court where you live, and nothing here takes away a right your home state gives you that can’t be waived.
Formal legal notices, if it ever comes to that, go to legal@nychbrands.com.
Reviews and photos are covered by our Review, Photo and Content License and Release, which is part of these terms and governs if there’s any conflict.
Sharing a review is always optional. It’s never a condition of a purchase, a warranty, a registration, or getting help from us. We don’t pay for reviews, we don’t offer anything for positive ones, and we don’t treat good and bad reviews differently. We want the honest version.
The content on our sites, and our brand names and logos, belong to us or our licensors. You’re welcome to use the sites for your own personal, non-commercial purposes. Please don’t copy, republish, or scrape them, and please don’t use our trademarks without asking.
Don’t use our sites to break the law, infringe anyone’s rights, upload anything harmful, or interfere with how they work. We can suspend access if you do.
We may link to other companies’ sites. We don’t control them and aren’t responsible for what’s on them.
These documents together — these terms, the Privacy Policy, your product’s Limited Warranty, the Content License, and the Returns Policy — are the whole agreement. For warranty questions that Limited Warranty governs; for reviews and photos the Content License governs; for returns the Returns Policy governs; for your personal information the Privacy Policy governs.
Changes. We may update these terms and will post the new version with a new date. Material changes apply going forward only, never to something that’s already come up, and we’ll give notice where the law requires it.
If part of this is unenforceable, the rest still stands. If we don’t enforce something once, we haven’t given it up. You can’t transfer this agreement; we can, if we sell or merge a business.
Nych Group, LLC d/b/a Nych Brands
6935 Reames Rd., Charlotte, NC 28216
legal@nychbrands.com · 877-234-6196
WamBam Fence · Zippity Outdoor Products · Enclo Privacy Screens
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If you have any questions or comments about our website or these Terms and Conditions, please contact us and let us know. |