STEEL F/X – Terms & Conditions
In General:
STEEL F/X, L.L.C. AND (www.steelfxpatinas.com) owns and operates this Website. This document governs your relationship with
STEEL F/X, L.L.C. and steelfxpatinas.com, hereinafter referred to as,“Website”.
Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by steelfxpatinas.com. Steelfxpatinas.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Prohibitions:
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and https://steelfxpatinas.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Ordering by Phone:
We understand that some customers prefer to order by phone, and although we don’t have a large staff, we welcome all orders, whether by email, phone or directly from the website: steelfxpatinas.com. On any single item orders, or product orders that total less than $100.00, beginning 06/2015, there will be a processing fee of $15.00 added to your order. This is only to cover our in-house product fulfillment, which is much more complicated on a phone order.
Also, payment information (Credit Card) that is declined by our payment processor is subject to a $10.00 fee per declination, part of which is assessed by our processor for a declined card. We’re unable to continue to lose money on orders with invalid payment information given by you, the customer. Of course, if the mistake, such as a typo, is on our end, there is No Surcharge.
It is much better for you to order from the site, as the automated paper-flow & order fulfillment (pulling, packaging, labeling & shipping) is much more streamlined with a website order. We thank you for your patronage & your understanding in this matter. This will give me additional R&D Time For New Patinas & Products & I appreciate you, the customer…more than you could ever know. Thanks! Bill
Intellectual Property, Software and Content:
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of steelfxpatinas.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by steelfxpatinas.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale:
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with steelfxpatinas.com, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Steelfxpatinas.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be steelfxpatinas.com or may in some cases be a third party. Where a contract is made with a third party steelfxpatinas.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability:
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law steelfxpatinas.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect steelfxpatinas.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website:
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to Ownership of Trademarks, Images of Personalities and Third Party Copyright/s:
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with steelfxpatinas.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to steelfxpatinas.com or STEEL F/X, L.L.C.
Indemnity:
You agree to indemnify, defend and hold harmless STEEL F/X, L.L.C. and/or steelfxpatinas.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website, it’s products, or your breach of the Terms of Service.
Variation
STEEL F/X, L.L.C. and/or www.steelfxpatinas.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page/s of or products contained in this Website.
Invalidity:
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints:
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints, issues, concerns or comments. We Reserve the Right to Cancel & Refund Orders Wherein Abusive or Threatening Language is Directed at Any Manager, Employee or Agent Representing STEEL F/X. Upon issuance of a refund, either partial or whole, you will receive an email verification of the amount of funds being returned to you.
Damaged Products In Transit:
As soon as we are notified by the Shipper of an ‘Exception’, which includes damaged boxes or contents, we automatically re-ship your entire order the Same Day. We do not hold your order until the shipper has returned the damaged goods or reimbursed us for our losses.
Returns And/Or Refunds:
Let us know promptly if a product or products is in some way defective, or arrived with damage or leakage. Photos may be requested by STEEL F/X, to verify the situation & evaluate the appropriate resolution. Product/s Used For “Off-Label” Applications Are NOT Eligible for Returns OR Refunds. Money-Back Guarantee is Valid for 10 Days from Date of Order.
Failure to Follow Product Directions, Adding Your Own Steps, or Omitting Steps Outlined in the Written Product Application Instructions, Resulting in Dissatisfaction Are Not Grounds For a Return or Refund. Additionally, Your Level of Experience, Working Knowledge of the Products Ordered, and Skill-Set or Lack Thereof Are Not Grounds For a Return or Refund. We Will However, Do Our Best to Ameliorate or Resolve Any Reasonable Issue Wherein a Problem or Complaint Arises by You, Our Customer, in an Expedient and Judicious Manner.
Regarding ‘Request for Refunds’ or ‘Request for Return’ Inquiries
The Products That You Wish to Return Must Be Approved For Return or Disposal, in Writing, by STEEL F/X, or it’s Agent, Prior to You Shipping Back Products Without Prior Authorization From STEEL F/X.
Special Return Shipping Instructions & Approved UPS and D.O.T. Labels Will be Provided to You at No Cost to Facilitate a Legitimate Return of Defective or Damaged Products. The Original Double-Wall Cardboard Box in Which Your Order Arrived Must be Used for Return Shipping to STEEL F/X in Order to Comply with D.O.T. Shipping Regulations. If the box/carton is Damaged and Unusable, Let us Know and we Will Send You a New Box or Carton.
If the Returned Stock is Not Shelf-Worthy or Unsuitable for Resale, the Refund Can Not & Will Not Occur.
Products are to be Returned in the Original Factory Packaging, Including Heat-Sealed Over-Pack, Heat-Induction Sealed Lids and/or Caps, Cap Retainer Banding and in Sellable Condition, a Determination of Which is Made Solely at the Discretion of STEEL F/X Upon Receipt of Return and Subsequent Inspection.
Please Note:
All Freight on Returns are Prepaid by the Customer and Product/s Returned are Subject to a 20% Restocking Charge. If Free Shipping was part of your original order, the actual amount of shipping incurred by STEEL F/X, L.L.C. at the time of the original order will be deducted from any refund, be it a full refund or partial/pro-rated refund. Prices and Specifications Are Subject to Change Without Notice.
Waiver:
If you breach any of the conditions outlined, and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach any of the aforementioned conditions.
Entire Agreement:
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and steelfxpatinas.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of steelfxpatinas.com AND/OR STEEL F/X, LLC.
Published on 7/04/14 (Edited on 10/14/17)
