| Acceptance
of Terms
The following policies, terms and conditions govern the use
of the Fish Sponge website. Please read them carefully. Using
this site indicates that you accept these terms and conditions.
Placing an order with Fish Sponge, Inc. also indicates you
accept these terms and conditions. We reserve the right to
make changes to this site and these terms and conditions at
any time.
Errors
and Omissions
Should a product on the Fish Sponge website be listed at an
incorrect price, either due to typographical error or error
in pricing information received from our suppliers, we may
elect to refuse or cancel any orders placed for product listed
at the incorrect price. We may refuse or cancel any such orders
whether or not the order has been confirmed and your credit
card charged. If the purchase has already been charged to
your credit card and your order is subsequently canceled due
to erroneous pricing, we will immediately issue a credit to
your credit card account in the amount of the incorrect price.
While we pride ourselves on the wide selection and easy availability
of the products we offer, we cannot guarantee that all products
listed on our website are immediately available.
Order
Acceptance
Fish Sponge, Inc. reserves the right at any time after receiving
your order to accept or decline your order for any reason.
Our issuing an email or other form of order acknowledgement
does not signify our acceptance of your order, nor does it
confirm our offer to sell. Additionally, we reserve the right
at any time after receiving your order, without prior notice
to you, to supply less than the quantity you ordered of any
item. We may require additional verifications or information
before accepting any order.
Payment
Methods
Credit Cards - We accept MasterCard and Visa. We use secure
processing through authorize.net to process your transactions.
You do not pay a surcharge for the convenience of using your
credit card to make purchases with us. Incorrect information
may cause a delay in processing your order.
We will
also accept your check or money order for orders that are
mailed to us. At our discretion, we may wait until your check
clears before we ship your order.
Shipping
Policy
Orders are usually shipped within two business days depending
upon availability of items. We usually do not ship on Saturday
or Sunday. You may be charged for any shipment that is refused.
Due to shipper restrictions we cannot deliver to P.O. Boxes
or APO/FPO addresses.
We usually
ship by first class mail or UPS. We may upon special request
and at your cost, choose other methods of delivery.
We may
ship a partial order to you if we are out of stock on some
of the items you requested. In the event that we have to ship
your order in more than one package, we will not charge you
for the second and subsequent shipping.
Sales
Taxes
Sales tax will be charged for orders to be delivered to addresses
in the state of California. Any sales taxes and other taxes
on orders shipped to any other state are the responsibility
of the customer.
Returns
Policy
Your satisfaction is our highest priority. If for any reason
you are dissatisfied with your purchase, you may return it
us for refund within 365 days of the invoice date. Returns
to us must be shipped pre-paid. Please see our Guarantee
Policy for
instructions on how to return your purchase.
Disclaimer and Limitation of Liability
EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO REPRESENTATIONS
OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH
RESPECT TO PRODUCTS SOLD ON THE FISH SPONGE WEBSITE. EXCEPT
AS EXPRESSLY STATED HEREIN, FISH SPONGE, INC. EXPRESSLY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT
TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU
AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO FISH
SPONGE, INC. ARISING FROM ANY PRODUCT SHALL BE THE PRICE OF
THE PRODUCT ORDERED. IN NO EVENT SHALL FISH SPONGE, INC.,
ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE
LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES
RELATED TO PRODUCT SOLD.
Jurisdiction
and Venue
You agree that any legal action brought against Fish Sponge,
Inc. shall be governed by the laws of the State of California
without regard to its conflict of law principles. You agree
that the sole jurisdiction and venue for any litigation arising
from your use of or orders made on the Fish Sponge sites shall
be an appropriate federal court located in California or state
court located in Contra Costa County, California.
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