Tierra y Fuego On-line Terms and Conditions
Welcome to the Tierra y Fuego Website (the "Site"). Tierra y Fuego provides this Site as a service to its customers. Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such changes constitute your agreement to follow and be bound by the terms as changed.
We may change, move or delete portions of, or may add to, our Site from time to time.
Payment Options
The Site honors VISA, MasterCard, American Express, cashier's checks, and money orders for all purchases made through its secure-transactions servers, phone, mailed, or faxed orders.
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Sale Taxes and Duties
Sales tax applies only for California residents. Duties for shipments sent outside the US may be assessed by your country. Duties are the responsibility of the buyer.
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Shipping
Shipping costs are calculated automatically by our system according to the weight and shipping address destination. Shipping costs are not included on the product prices listed on the Site.
If an address is submitted incorrectly, or the address is changed during the transit of package(s), and there are additional charges made by the freight or shipping company, the additonal charge will be charged to customer.
Orders with more than 6 boxes may ship via a Freight company. Additional services requested by customer, such as the use of a forklift or inside delivery, may incur additional charges to customer. Tierra y Fuego reserves the right to charge your account for charges made above the paid shipping on order.
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Delivery Times and Shipping
Tierra y Fuego attempts to ship within 2 business days, unless product is not on stock. Orders placed on weekends or holidays are shipped within the next two following business days. Holidays will delay delivery of items.
All orders will be shipped via UPS (United Postal Service) or freight company depending on the package's dimensions and destination. Unless, you specify another carrier, and arrange the pick up.
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Out of Stock Items & Backorders
We attempt to have an accurate and updated inventory of our products to provide you with their availability. In the unlikely case that a product is out of stock, we will notify you by the next business day. At this point, you will have the option to cancel the order or place it on backorder. Most backorders are fulfilled within three to five weeks. Please call us before placing an order if you have any questions about this policy. If you backorder is not completed within the allotted time you may choose to cancel, or continue to wait. You may choose to have Tierra y Fuego ship portions of an order, or consolidate the order with the backordered products. Your remaining or complete order will be shipped as soon as the product(s) arrive(s) to our warehouse.
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Guarantee & Return Policy
If for any reason you are not completely satisfied with your purchase, you may return the item(s) to obtain a refund or replacement. Pending availability, we will ship your replacement merchandise within 2 business days after receiving your returned merchandise. All replacement merchandise will ship ground service. No returns or claims may be made on installed material. All product returns must be accompanied with a written statement explaining your dissatisfaction or reason for return. No refunds or exchanges will be accepted after 30 days of invoice date. Item(s) may be returned for refund or replacement subject to the following restrictions:
- Carefully package the merchandise, using the original packing as a guide. Send Prepaid and fully insured to: Tierra y Fuego, 8785 Dead Stick Road, San Diego, CA 92154. If returning damaged merchandise, you must follow all UPS or Freight Carrier return instructions or any claims will not be honored. Please be advised that carriers have time limits on when to file a claim. At this moment we are not accepting returns made via the US Postal Service.
- Any returns are subject to a restocking fee of 10% on all items.
- All non product related fees (shipping, transaction, payment processing, and insurance) are not refundable.
- All outlet sales and sales with a discount of over 20% are final and no returns are accepted.
- Returns of items purchased under a free shipping sale, are subject to the deduction of the original shipping cost from the final refund once it has been calculated accordingly.
- In the case that a shipment is undeliverable, refused, or delivered to an incorrect address (incorrect zip code, missing apartment/suite/office number/name, etc.) due to customer error, the customer will be charged for both the original shipment charges and the re-shipment charges. For customers who select to cancel their returned orders, the order will be subject to a restocking fee. Shipping costs cannot be refunded. Refused merchandise at time of delivery will incur return freight charges in addition to the applicable restocking fee. Please note that is the customers responsibility to have the merchandise shipped back to Tierra y Fuego.
- Refunds will be honored once the merchandise is accounted. No refunds are given for damaged or previously installed merchandise.
- All credit card refunds will be applied to the card used for the original purchase. You should allow one to two billing cycles (about one month) for the credit to appear on your statement.
Tile damaged in transit to you: If the carton has external damages, you will need to note this on the delivery receipt. This does not always mean there is damage to the contents, however, it will simplify a claim if damage is discovered upon opening the carton. You must notify the carrier of damages immediately. They will direct how the claim will be handled. You must also notify our office within 48 hours of the receipt of damaged merchandise. We will make arrangements with you to return damaged pieces and to send replacement pieces. Pending availability, we will ship your replacement merchandise within 1-2 business days after a claim with corresponding shipper is filed. All replacement merchandise will ship ground service.
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Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you will see depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
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Tierra y Fuego strives to maintain 99.9% system availability, except during scheduled maintenance periods. Should we experience technical difficulties, Tierra y Fuego is not responsible for orders that are not processed or accepted.
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Site Contents
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, and/or intellectual properties owned, controlled or licensed by Tierra y Fuego. TIERRA Y FUEGO is the trademark of Tierra y Fuego Inc.
The contents of our Site , and the Site as a whole, are intended solely for personal, noncommercial (other than the purchase of merchandise from our site) use by the users of our Site. You may not download or copy the Contents and other downloadable materials displayed on the Site without written consent from Tierra y Fuego. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
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User Comments, Feedback and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed , submitted or offered to Tierra y Fuego on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Tierra y Fuego's property. Such disclosure, submissions or offer of any Comments shall constitute an assignment to Tierra y Fuego of all worldwide rights titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, Tierra y Fuego will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Tierra y Fuego is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
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Disclaimer
Tierra y Fuego provides the materials on this site "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Tierra y Fuego expressly disclaims any duty to update or revise the materials on this site, although Tierra y Fuego may modify the materials at any time without notice. By your use of this site, you acknowledge that your use is at your sole risk and 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 this site. You further acknowledge that Tierra y Fuego shall not be liable for any damages or any kind related to your use of this site.
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Indemnification
You agree to defend, indemnify and hold Tierra y Fuego 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.
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Termination
These terms are effective unless and until terminated by either you or Tierra y Fuego. You may terminate this Agreement at any time. Tierra y Fuego also may terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Tierra y Fuego's sole discretion you fail to comply with any termination of the Agreement by either you or Tierra y Fuego, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.
