By visiting or using the Maumasi Fire Arts (referred to as “MFA”, “our”, “we”, “us”) website (http://maumasifirearts.com) (referred to as “Site”) to shop, make a purchase or view the site in any way, you (referred to as “you”, “your”) accept and agree to the following terms and conditions (referred to as “Terms”) which constitute a contract between you and MFA. If you do not agree to these Terms, you must stop using our Site and any pages contained within our Site and do not use any service offered through our Site.
Terms and Conditions
Payment and Deposit Policy
A non-refundable deposit of 30% of the total price of the product (excluding shipping and fees) is required before work on product will commence. The balance of the payment, including all shipping, insurance, handling and applicable fees, is due prior to shipment of the product and is in addition to the amount of the sale price. Connecticut State residents are subject to Connecticut State sales tax. You authorize MFA to add shipping, handling, fees and insurance charges to the sales price and for Connecticut State residents, sales taxes.
Worldwide shipping is available. All products are carefully inspected, professionally packaged and fully insured. Shipping time is determined between MFA and you on an individual basis. Because each product is a custom, one-of-a-kind, handmade creation shipping time is subject to change based on production.
All items are FOB shipping point. Weather or holidays may delay ship time.
Please be aware that some items may be illegal or restricted by particular countries, states, or cities. By purchasing any of our products, you attest that you have the legal capacity, legal intentions and are of legal age to do so. Additionally, by making a purchase you agree that it is your responsibility to be aware of the guidelines and laws in your area and determine if the items are legal to be shipped to you before making a purchase. Refunds for items determined to be illegal or restricted after a purchase is made are not guaranteed and are at the sole discretion of MFA. We are not responsible for any items that are confiscated or intercepted by customs or other agencies, and we are unable to provide refunds in the event that this should happen.
Please contact MFA BEFORE returning any items at email@example.com.
Because all MFA products are one-of-a-kind, custom, handmade pieces, and no two are ever exactly the same, there may be times when the product received is not exactly as expected. For this reason, our products have a 3-day inspection period effective immediately upon delivery. You must email MFA (firstname.lastname@example.org) during the 3-day inspection period if you are not satisfied with the product, to determine eligibility for return or exchange (minus the price of shipping & handling) and to receive shipping instructions prior to making a return. We reserve the right to charge a 10% restocking fee if a customer makes repeated returns.
Products not eligible for return of any kind are those bearing any form of distinguishing customization that would cause the product to not be resalable. The decision of what customizations are resalable is at the sole discretion of MFA.
Please contact MFA before returning any items at email@example.com. All products may only be returned if they are in the original packaging, unused, and in resalable condition. Product cannot show any damage, wear or use or the product will not be accepted or credited for return or exchange. Additionally, knives must not have been used to cut and must not have been sharpened or they will not be accepted or credited for return or exchange.
Any returned products must include all original components and packaging in original, resalable condition. Please ensure the item is securely wrapped and padded and is fully insured for your own protection. All returns must be received within 2 weeks of the date provided within the return instructions. Please also include your packing slip and reason for return.
Items found to be damaged upon return will not be accepted or eligible for credit, return or exchange. Any item returned to MFA without first emailing during the 3-day inspection period and receiving shipping instructions from MFA will be subject to a 10% restocking fee.
Breakage or Discrepancies in Shipments
MFA products are shipped FOB shipping point. Any breakage resulting from carrier transit must be taken up with the carrier. Be sure to inspect your package immediately upon receipt and to address any issues with the carrier at the time of the receipt of the package. Be sure to keep all packaging, packing materials and product for inspection by the carrier.
Warranties, Disclaimers and Limitations of Liability
MFA strives to provide the very best product possible to each and every customer. All products made by MFA are one-of-a-kind, custom, handmade pieces. This means they are sold “as-is” and “with all faults”. You bear the risk of using it. MFA provides no representations, guarantees, warranties of any kind or conditions to the products offered for sale or to the potential refunds, either expressed or implied. To the fullest extent permitted by applicable law, we exclude, without limitation, warranties or implied warranties of merchantability, fitness for a particular purpose, non-infringement, satisfactory quality and workmanlike manner.
You can recover from us for all successful claims only direct damages up to the total and actual amount paid per product. Under no circumstances shall MFA or MFA’s directors, officers, employees, agents, affiliates, suppliers, or successors be liable to you for any specific performance or for any indirect, incidental, punitive, special, treble, exemplary or consequential damages of any kind or nature whatsoever, arising out of or in any way relating to MFA or any MFA products or your use of the product, including without limitation, any damages for loss of goodwill or profits, anticipation of profits, impairment of business or other goods, loss of privacy, failure to meet any duty including good faith or reasonable care, negligence, or for any other pecuniary or other loss whatsoever, even if MFA or its directors, officers, employees, agents, affiliates, suppliers, or successors have been advised of the possibility of such damages or know or should have known of the possibility of such damages, and whether or not any exclusive right under this MFA fails in its essential purpose. You agree to defend, indemnify and hold harmless MFA and MFA’s directors, officers, employees, agents, affiliates, suppliers, or successors individually or collectively for any potential or actual liability to you for total damages of any kind (including without limitation, direct or general damages) for any and all claims and expenses (including attorneys’ fees) related to your use of, arising out of or related to any products or services purchased by you in connection with our Site or any use of our Site in violation of these Terms. You agree to pay our reasonable attorneys’ and expert witnesses’ fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this section. We have no liability of any kind to you, and we reserve the right to cancel a sale or transaction. You acknowledge and agree that the Site and all materials therein or transferred thereby, including but not limited to, all content, text, designs, images, photographs, graphics, illustrations, logos, patents, copyrights, trademarks, service marks, intellectual property rights or other proprietary rights (referred to as “Intellectual Property”) are the exclusive property of MFA. All rights not expressly granted to you herein are reserved by MFA. Except as otherwise expressly authorized by these Terms, you have no right to directly or indirectly reproduce, adapt, modify, improve, lease, loan, license, sublicense, assign, rent, sell, publish, duplicate, create any new or derivative works from, display, transmit, distribute, or otherwise exploit any Intellectual Property or this Site, in whole or in part, without MFA’s express prior written consent. You further acknowledge and agree not to copy, use, alter, or otherwise infringe upon or dilute MFA’s Intellectual Property. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. If you infringe or misappropriate any of our Intellectual Property or if you violate the terms of this agreement, you agree that nothing herein shall exclude, restrict or limit in any manner our rights and remedies or your liability. The limitations apply to anything related to any product that you purchased, claims for breach of contract, products, warranty, guarantee or condition or strict liability, consumer protection, deception, unfair competition, negligence, misrepresentation, omission, trespass other tort or any other kind of claim. These limitations apply even if a remedy does not fully compensate you for any losses, fails of its essential purpose, or we knew or should have known about the possibility of the damages. Some states, provinces, countries or regions do not allow the exclusion or limitation of incidental, consequential or other damages, so the above limitations or exclusions may not apply to you.
To the extent permitted by law, any claim or cause of action arising out of or related to this Site or these Terms must be brought within one year. The one-year period begins on the date when the claim or cause of action could first be filed. If it is not filed, then that claim or cause of action is permanently barred. This applies to you, your successors, personal representatives, estate, spouse and anyone who can file a claim on your behalf.
Governing Law, Jurisdiction, Venue and Severability of Provisions
These Terms are governed by and construed in accordance with the laws of the State of Washington, United States of America, without giving effect to any principles of conflicts of laws. You agree to accept these Terms under the applicable laws of the State of Washington, and agree that any disputes or action at law arising out of or relating to these Terms will be subject to the state or federal courts located in King County, Washington, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and that venue is convenient. All parts of these Terms apply to the maximum extent permitted by law. If a court holds that a portion of these Terms may not be enforceable as written, then both parties agree that that portion will be replaced with terms that most closely match the intent of the portion that we cannot enforce to the extent permitted by law. The invalidity of a portion of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
MFA reserves the right, at its sole discretion, to change, modify, add, remove or update any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions will be effective when posted. You agree to review these terms and conditions periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions are posted constitutes acceptance of those changes. Last update October 22, 2018.