PAYMENT AND SHIPPING INFORMATION
Payment Options:
PayPal: We accept payments through PayPal . We hold a Premiere Member through PayPal and are able to accept all payment methods offered through them (credit cards, e-check, PayPal balance transfer, etc.). Our ordering and payments are done directly through PayPal. Therefore we do not receive or keep any of your secure information (bank and credit card info, billing address, etc.). For this reason, any new orders placed will require this information to be input and processed anew each time you order from us.
Google Checkout: We also accept credit card payments through Google Checkout. To use this payment method an account with Google is needed. If you don't have an account, you can sign up for free when you complete your payment. As with PayPal, we do not receive or keep any of your secure personal information.
In the near future we
do expect to establish a direct shopping cart system and merchant account, which will allow us to accept credit
and debit card orders directly through our site along with PayPal and Google.
We are presently working out the needed security measures to make this service
available.
We will accept checks
or money orders for payment by mail. Please email us at info@fountainsofhawaii.com to
request this payment method. Do not use our online ordering system if you wish
to pay by mail. We will require the payment to be received and funds to be
verified or to post in our account before your item is shipped.
We do not accept
C.O.D. (collect on delivery) as a form of payment.
Payment Process:
button on our Product list page or any of the individual
fountain pages. This will add one of the applicable items to your cart. You can then continue to shop through our site. Once you are ready to checkout (or if you would like to view your cart at any time), just click the
button, which appears at the bottom of every page except this one. Follow the steps on the PayPal shopping cart system to complete your order. Fees and taxes:
We do not charge
sales tax or any hidden fees. The listed price is what you pay for the item and
nothing more. The only additional charge will be for shipping. You will
determine the price you are willing to pay for this when ordering, depending on
how fast you wish to receive the item.
Shipping:
We currently ship
through UPS (United Parcel Service) to all 50 states in the
You will receive the
order in the estimated time given by UPS. You will be provided with a tracking
number on your payment invoice to track your order.
Product Availability:
*As each one of our
pieces are custom made by hand, it takes some time to
acquire the materials and construct each fountain. This time may vary,
depending on the day of the week/month/year and availability of materials. Due to this we
may not be able to ship as soon as payment has been received. Your payment
invoice will list the estimated time of delivery and arrival. Please indicate by email whether you are in a rush to receive the product(s), and we will do our best to accommodate you.
Most orders should be
shipped within 2 business days. If we foresee a longer wait time, we will
notify you by phone or email immediately.
Larger orders
(exceeding more than 5 items per order) may require a longer wait time. As stated above, please contact us by email at info@fountainsofhawaii.com
regarding such orders before placing them. We should be able to estimate your
wait time and will give you that information in our reply email.
If any material
needed to construct one of our pieces becomes unavailable, we will do
everything possible to remove or modify the information on our site. However,
if you place an order for an item we can no longer make before we are able to
modify the product listing, we will contact you by phone or email to quickly
resolve the matter. We may be able to provide a substitute material type, a
credit for another product or refund your payment. The appropriate solution
would be worked out if such a situation arises.
Fraud/Protection of Information:
Your personal and private information in processing orders with our website is protected under the policies of Paypal. Should you find an unauthorized order for one of our products, please contact PayPal and/or your financial institution and resolve the matter according to their policies. Please see our Privacy Policy for more information about our efforts to protect your personal information.
RETURN POLICY
We will not be
responsible for any product damage or malfunction caused by consumer error,
improper use, not following written direction or warnings, etc. We are also not
responsible for items damaged in shipping. Any damage to the
product you suspect was caused in transit should be taken up with UPS. If you
are uncertain of the cause of the damage, you may contact us by email at info@fountainsofhawaii.com, and we
will do our best to help you out. Though we will not get directly involved in
disputes of this nature, unless it is requested by UPS.
Should you receive an
item damaged or malfunctioning that is not a result of consumer error, improper
use, not following written directions or warnings or caused in transit, please
email us at info@fountainsofhawaii.com.
Please provide as much information as possible to help us resolve the issue. We
will respond by phone or email as quickly as possible. Unless under special
circumstances, we will not accept request for resolution of such damage or
malfunction beyond 7 days of your receipts of the item.
If it is determined
that we are responsible for the damage or malfunction, we will send you the
appropriate piece of the fountain to correct the problem at no charge to you.
We may require proof of the damage in the form of pictures, especially in the
case that several pieces of the product are damaged.
The likelihood of an
entire fountain needing replacement within 7 days of receipt by our error is extremely low.
But in the event this should occur, you will be required to provide proof in
the form of pictures and descriptions of the damage and/or malfunction to our
satisfaction. You will then need to ship the entire fountain and all of its
parts back to us at your own expense by whatever shipping method you choose.
Upon receipt, if we determine the damage or malfunction was our responsibility,
we will ship you a brand new (not refurbished) fountain at no additional cost
to you*. If we determine upon receipt that the damage or malfunction was not
our responsibility, we will ship the original item back to you at our cost.
We will have no further dealing with the item or dispute once the item has been
returned to you, if we determine the damage or malfunction was not our
responsibility.
We do not accept
requests for exchanges or non-defective products.
We do not accept
requests for exchanges for defective products in order to obtain a different
product. We will only provide replacement of parts or full products for the
same product originally ordered.
We will provide refunds for products found to be damaged or defective under our responsibility. But you must follow the instructions outlined above. We must receive the entire fountain and all of its parts, shipped at your own expense, and determine the damage or malfunction was our responsibility. The refund will be sent to you by mail, in the form of a check, within 7 business days of our receipt of the item. We will refund the full price paid by you for the fountain. We will not reimburse any other charges you incurred (i.e. shipping, etc.).
NEW PRODUCTS
We are always working
to create new designs to bring the magic of
October 2008: We have just released 3 new products: Kilauea,
- We are currently working on new prototypes, and hope to have more designs ready for you soon.
A NOTE ABOUT FEATHER ROCK
Feather rock is somewhat fragile as it is a natural volcanic rock with high porosity. Please be careful not to drop it as it may break. It is also very coarse. While it should not be enough to hurt anyone, it is best to handle it with care.
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PRIVACY POLICY
Our Commitment To Privacy:
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. As described in detail below, any information we gather at this web site is strictly for our use and is not shared with any other entity, public or private, for any reason - period. We will not sell or give away any lists or other data that we may retain and we do not purchase such information from other sources.
This notice applies to all information collected or submitted on the Fountains of Hawaii website. On some pages, you can order products and make requests. The types of personal information collected at these pages are:
Name
Address
Email address
Phone number
Customer Information & Credit Card Transactions:
Limited information is supplied to FountainsofHawaii.com in the event of a sale. This includes your name, phone number, email address and shipping address. This information is not sold or distributed to third parties. Credit card payments are processed through PayPal.com. This information is collected solely for PayPal to securely process the order, and is not accessible to Fountains of Hawaii.com
External Site Links:
FountainsofHawaii.com links to other websites on the internet. Content and Privacy Policies are the responsibility of their respective owners.
Cookies:
FountainsofHawaii.com uses cookies. A cookie is a small text file sent to a web user's computer by a
website. A cookie can be used to identify that user to the website on their
next visit. Common uses include remembering login data, user preferences, and
providing favorites lists.
The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security:
Unfortunately, no data transmission over the Internet can be considered 100% secure. However to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment To Children's Privacy:
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
Fountains of
How To Contact Us:
Should you have other questions or concerns about these privacy policies, please send us an email at info@fountainsofhawaii.com.
Your use of our Internet site or any of the products or services offered on this site (collectively, the "Services") is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these Terms, including any modifications that we make.
Third-Party Products, Offers, Sites and Services
Our sites contain links to other Internet sites owned by third parties. Your
use of each of those sites is subject to the conditions, if any, that each of
those sites has posted. We have no control over sites that are not ours and we
are not responsible for any changes to or content on them. Our inclusion on our
sites of any third party content or a link to a third party site is not an
endorsement of that content or third party site.
Indemnification
You hereby agree to indemnify, defend and hold Fountains of Hawaii, and all
of our owners, agents, information providers, suppliers and partners harmless
from and against any and all liability, losses, costs and expenses (including
attorneys' fees) incurred by any Fountains of Hawaii in connection with any
claim including, but not limited to, claims for defamation, violation of rights
of publicity and/or privacy, copyright infringement or trademark infringement
arising out of:
1. Your use of our site;
2. Your use of products;
3. Your connection to our site;
4. Your violation of any of these Terms; or
5. Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
To Remove Certain Content From Our Site
If you believe that content you own has been copied and made accessible in
a manner that violates your intellectual property rights, please notify us at:
Fountains of
92-1508 Alii Nui Drive, Villa 1
Disclaimers
We disclaim any responsibility for the deletion, failure to store, changes,
availability, or untimely delivery of any product, service, information or
material. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR
SITE AND ITS CONTENT, AS WELL AS THIRD-PARTY CONTENT ARE DISTRIBUTED ON AN
"AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU OBTAIN THROUGH OUR
SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR
PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii)
OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU
PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, (iv) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR
RELIABLE, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR
PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT OR
ANY OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU
WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SITE AND
THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
By Arbitration
Fountains of Hawaii may elect to resolve any controversy or claim arising
out of or relating to these Terms or our site by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted in
Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms shall
not constitute a waiver of such right or provision.
These Terms, including all terms, conditions and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Fountains of Hawaii and govern your use of our sites, superseding any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the State of Hawaii, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Honolulu, Hawaii if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
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