Terms and Conditions

Privacy and Security
Fishbone Design is committed to protecting your privacy. We use the information you provide during online purchasing to process your online orders only. We do not sell, trade or rent your personal information to others. Fishbone Design may release account information when we believe, in good faith, that such release is reasonably necessary to comply with law, enforce or apply the terms of any of our user agreements, or protect the rights, property or safety of Fishbone Design, our users, or others. We collect no other personal information about you other than what you provide during the checkout process.

Personal Information Collected
In order to process your online order, we require your name, email address, credit card number, expiration date, the name and billing address of your credit card, shipping address if different than your credit card billing address, and a contact phone number. This allows us to process and fulfill your order and to notify you of your order status.

Protecting Your Personal Information
When you provide us your personal information to process your online order, we receive this information using a secure Internet server employing the industry standard secure transmission protocol known as SSL (Secure Socket Layer). SSL encrypts all personal information you send us, ensuring that this information is sent to us in a private and secure manner. Once received, all of your personal information is protected against unauthorized access.

A Fishbone Design representative will only ask you for credit card information if they are taking an order placed by phone. We will never contact you by phone or email to ask for your credit card information. If you receive a phone call or email requesting such information - DO NOT PROVIDE ANY PERSONAL OR FINANCIAL INFORMATION. Instead, contact us by phone, fax or email below and let us know that you have been contacted. A Fishbone Design representative may contact you by phone or email to confirm the details of your order if required for fulfillment.

Consent
By using our website, you consent to the collection and use of your personal information by Fishbone Design. If we change our Privacy policy, we will post the changes to this page so that you are always aware of the information we collect, how we use it and under what circumstances we disclose it.

State Sales Taxes

For all Fishbone Design purchases, sales tax will be charged where Fishbone Design is required by law to charge tax. We will charge the applicable City, County and State sales and or use taxes in the following states: Florida

Orders processed for all other US states do not require Fishbone Design to charge sales tax at this time.

Taxes that appear on your online order are approximate. The actual taxes charged to your credit card will reflect the applicable state and local sales taxes, and will be calculated when your order is shipped. Orders shipped to FL will have all applicable sales taxes added to your total order, and to your shipping charges where appropriate.

Returns for Online Purchases

If for any reason you are dissatisfied with our sculpture(s), simply return it within ten days and we will gladly refund your money, less shipping and handling. If our sculpture(s) arrives damaged in shipping, notify us within 3 days & we’ll replace it, at no cost to you for shipping in either direction.

For custom orders, once the final sketch has been approved by you in writing, there will be no refunds or returns, save for pieces that arrive damaged.

Terms of Purchase

Terms and conditions set forth in these terms of purchase (this ("Agreement") and the "Terms of Access" constitute the entire agreement between Fishbone Design and you (the "Buyer") concerning product purchase through the Website. Capitalized terms used herein shall have the meaning as defined herein, or if not defined, as defined in the Terms of Access.

1. Offer and Acceptance
By ordering a product on the Website, Buyer shall be deemed to have made an offer to buy the specified product from Fishbone Design pursuant to this Agreement. The acceptance and fulfillment by Fishbone Design of any order placed on the Website is subject to Buyer's acceptance of all of the terms of this Agreement.

2. Prices, Availability and Taxes
Prices of product on the Website are subject to change at any time without notice. Product availability is subject to change at any time and Fishbone Design makes no representations of warranties regarding product availability.

3. Payment
When ordering products on the Website, Buyer may use VISA, MASTERCARD, check or money order. If Buyer fails to pay for any products received, Fishbone Design shall have the right, in addition to other remedies, to suspend or cancel further deliveries, and to proceed in any court of proper jurisdiction against Buyer for all amounts due to Fishbone Design, including, but not limited to, attorney fees, costs and interest.

4. Shipping, Title and Risk of Loss

Fishbone Design shall use reasonable efforts to cause products to be delivered to Buyer by requested delivery dates, but shall in no event be liable for any losses or damages caused by delay or non-delivery of products. Buyer shall be responsible for all shipping charges. Title and risk of loss in the products shall pass to Buyer upon Fishbone Design’s delivery to the carrier at the shipping point.

5. Disclaimer of Warranties
SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING NONINFRINGEMENT, THE PRODUCTS, OR THE MERCHANTABILITY OR FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. Buyer is solely responsible for determining the suitability of the products for the uses and applications contemplated by Buyer. Buyer assumes all risks and liabilities arising out of possession, use, or resale of the products, whether used singly or in combination with other material, including, but not limited to, any risk or liability based on alleged negligence on the part of Fishbone Design.

6. Buyer's Representations
Buyer represents that he/she has the requisite power and authority to enter into this Agreement and to perform the obligations under this Agreement. Buyer represents that he/she has provided accurate information to Fishbone Design in purchasing products through the Website and that his/her offer to purchase products complies with all applicable laws. Buyer acknowledges and agrees that he/she is solely responsible for compliance with all applicable laws and regulations concerning Buyer's purchase, possession, use, or resale of the products. Buyer further represents that he/she is familiar with the characteristics of the products, and will comply with all laws, regulations, and standards applicable to the possession, handling, processing or use of the products by Buyer, including, but not limited to, the Occupational Safety & Health Act of 1970.

7. Indemnification
Buyer shall defend, indemnify and hold Fishbone Design and its suppliers, including, but not limited to, their affiliates, agents, assigns, attorneys, employees, insurers, officers, predecessors, representatives, and successors, harmless from and against all claims, liabilities, costs and expenses (including, but not limited to, those related to injury or to death of Buyer or other persons) arising from or connected with (a) a breach by Buyer of this Agreement or (b) the possession, handling, use, or resale of the products by Buyer or others, including, but not limited to, any claims alleging negligence on the part of Fishbone Design. Fishbone Design may participate in the defense of any such claim for the further protection of its own interests.

8. Limitation of Claims
Without limiting the scope of any other terms and conditions herein, any and all claims related to products sold to Buyer through the Website shall be made within ten (10) days after receipt of the product to which the claim relates, or if for non-delivery, after the scheduled delivery date thereof. Buyer's failure to give Fishbone Design written notice of any claim within the applicable time period shall constitute an absolute and unconditional waiver of such claim. In no event shall Buyer commence any action against Fishbone Design related to products sold to Buyer through the Website later than one year after receipt of the product giving rise to such action.

9. Limitation of Liability
Without limiting the scope of any other terms and conditions herein, including Fishbone Design disclaimer of warranties, no claim of any kind, whether as to products delivered or for non-delivery of products, or otherwise, and whether based on contract, breach of warranty, negligence, strict liability, indemnity, contribution, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL FISHBONE DESIGN BE LIABLE FOR LOSS OF BUSINESS, LOSS OF PROFITS OR GOOD WILL, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BUYER'S CLAIM IS BASED ON CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, AND NOTWITHSTANDING ANY CLAIM THAT SUCH LOSSES WERE REASONABLY FORESEEABLE TO FISHBONE DESIGN OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

10. Force Majeure
Without limiting the scope of any other terms and conditions herein, Fishbone Design shall not be responsible or liable for any delay or failure to deliver any or all of the products for causes beyond its reasonable control, including, but not limited to, any cause or circumstance which makes impracticable the production, transportation or delivery of the products. Fishbone Design may cancel an order to the extent the quantity not delivered is due to any such cause or circumstance. In no event shall Fishbone Design be obligated to purchase products to replace any quantity not delivered due to any such cause or circumstance. In the event of any cause or circumstance excusing Fishbone Design, Fishbone Design shall have the right to allocate any remaining product supply among its customers, including those not under contract, in a fair and reasonable manner, and Buyer hereby releases Fishbone Design from responsibility or liability for any resulting incomplete fulfillment of Buyer's order.

11. General
a) No waiver by either party of any breach of any terms or conditions contained herein shall be construed as a waiver of any succeeding breach of the same or any other terms or condition herein. Nothing contained herein shall limit the remedies of Fishbone Design in the event of Buyer's breach of this Agreement.

b) All notices related to this Agreement shall be in writing. The parties expressly agree that electronic communications shall be considered "writings" for all purposes under applicable law. If notice is not sent by electronic communications, notices shall be deemed given when delivered to or deposited in the United States mail, first class, postage prepaid, and, if to Buyer, sent to the address identified by Buyer when registering to purchase products through the Website.

c) If any terms and conditions herein are held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other term or condition herein.

d) These Terms and Conditions shall be governed by and construed under the laws of Florida, United States of America, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to this Agreement must be commenced within one year after the cause of action has arisen. Any actions arising out of products purchased through the Website shall be commenced in the state or federal courts of Florida. Buyer agrees to submit to the jurisdiction of these courts and waives any claim that venue is improper for any reason in these courts.