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Terms & Conditions
Terms & Conditions
Customer satisfaction is our top priority! Since 2005 we have been successfully
providing customers with unique pieces of art and the highest standard of customer
service. Check out our Testimonials page to learn more about how we’ve been
serving our customers over the years.
If the information provided below does not answer your question, please visit our
FAQ’s page or contact our customer service, we are happy to help!
1-855-274-2278 (855-ASIA-ART)
Shipping Policies and Procedures
Privacy Policy
Return Policy
Secure Site Information
When the Statue Arrives:
Once the crate has been delivered it is important that
the receiving party checks the statue inside the crate prior to signing the freight
documents. To check your statue, simply back out the screws on the front panel (the
one with the packing list stickers). In the unlikely event the statue was damaged
in the shipping process, you can have the driver take the statue away at that time,
so we can issue your refund. Please see our Return Policy for more information regarding
returns.
Payment Policy and Options: Sculptures are shipped once full payment has cleared.
In most cases we receive payment through your Pay Pal account. Through this
service we are able to accept all major Visa and Master credit cards.
If you do not have a PayPal account click here to create one, or for other payment
options please contact our sales office directly at: 1-855-274-2278 (855-ASIA-ART)
Copyright and All the Other Legal Stuff: Please read the following terms and conditions
carefully. All users of this site agree that access to and use of this site are
subject to the following terms and conditions and other applicable law. If you do
not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics
or code is copyrighted as a collective work under the United States and other copyright
laws, and is the property of Trade Wind Statues, LLC. The collective work includes
works that are licensed to Trade Wind Statues, LLC. Copyright 2003, Trade Wind Statues,
LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print
hard copy portions of this site for the sole purpose of placing an order with Trade
Wind Statues, LLC or purchasing Trade Wind Statues, LLC products. You may display
and, subject to any expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the different areas of
the site solely for your own non-commercial use, or to place an order with Trade
Wind Statues, LLC or to purchase Trade Wind Statues, LLC products. Any other use,
including but not limited to the reproduction, distribution, display or transmission
of the content of this site is strictly prohibited, unless authorized by Trade Wind
Statues, LLC. You further agree not to change or delete any proprietary notices
from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Trade Wind Statues, LLC used in
the site are trademarks or registered trademarks of Trade Wind Statues, LLC
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without
warranties of any kind, whether express or implied. To the fullest extent permissible
pursuant to applicable law, Trade Wind Statues, LLC disclaims all warranties, express
or implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. Trade Wind Statues, LLC
does not represent or warrant that the functions contained in the site will be uninterrupted
or error-free, that the defects will be corrected, or that this site or the server
that makes the site available are free of viruses or other harmful components. Trade
Wind Statues, LLC does not make any warrantees or representations regarding the
use of the materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit limitations
or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Trade Wind Statues, LLC shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this site
or the performance of the products, even if Trade Wind Statues, LLC has been advised
of the possibility of such damages. Applicable law may not allow the limitation
of exclusion of liability or incidental or consequential damages, so the above limitation
or exclusion may not apply to you.
Typographical Errors
In the event that a Trade Wind Statues, LLC product is mistakenly listed at an incorrect
price, Trade Wind Statues, LLC reserves the right to refuse or cancel any orders
placed for product listed at the incorrect price. Trade Wind Statues, LLC reserves
the right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already been charged
for the purchase and your order is cancelled, Trade Wind Statues, LLC shall issue
a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or
completing the registration or shopping process. These terms and conditions, or
any part of them, may be terminated by Trade Wind Statues, LLC without notice at
any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer,
Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Trade Wind Statues, LLC may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have provided
to Trade Wind Statues, LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of Colorado, U.S.A., without regard to choice of law provisions, and not by the
1980 U.N. Convention on contracts for the international sale of goods. You agree
that jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this site (including but not limited to the purchase
of Trade Wind Statues, LLC products) shall be in the state or federal courts located
in Boulder County, Colorado. Any cause of action or claim you may have with respect
to the site (including but not limited to the purchase of Trade Wind Statues, LLC
products) must be commenced within one (1) year after the claim or cause of action
arises. Trade Wind Statues, LLC's failure to insist upon or enforce strict performance
of any provision of these terms and conditions shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any of these terms and conditions. Trade Wind
Statues, LLC may assign its rights and duties under this Agreement to any party
at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of others,
including a Trade Wind Statues, LLC or other licensed employee, host, or representative,
as well as other members or visitors on the site is prohibited. You may not upload
to, distribute, or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give rise to liability
or violate any law. You may not upload commercial content on the site or use the
site to solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
Trade Wind Statues, LLC does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner responsible
for the content of these communications and materials. You acknowledge that by providing
you with the ability to view and distribute user-generated content on the site,
Trade Wind Statues, LLC is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to any contents or activities
on the site. However, Trade Wind Statues, LLC reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory, or
obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) offensive or otherwise
unacceptable to Trade Wind Statues, LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Trade Wind Statues, LLC, its officers,
directors, employees, agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these terms and conditions
or any activity related to your account (including negligent or wrongful conduct)
by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Trade Wind Statues,
LLC may link to sites operated by third parties. However, even if the third party
is affiliated with Trade Wind Statues, LLC, Trade Wind Statues, LLC has no control
over these linked sites, all of which have separate privacy and data collection
practices, independent of Trade Wind Statues, LLC. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless, Trade
Wind Statues, LLC seeks to protect the integrity of its web site and the links placed
upon it and therefore requests any feedback on not only its own site, but for sites
it links to as