Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. 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.
Return Policy
Damaged Merchandise: While we do our best to insure all products are shipped with the utmost care, damages, although rare, can happen. If you receive damaged merchandise please keep all packaging materials as the merchandise and packaging materials will be picked up and inspected by UPS/Fed Ex (or freight carrier) and returned to us at no expense to you.You have to contact us immediately (within 72 hours) of receiving damaged merchandise at 1(888)408-5244.We will, in the meantime, re-ship a new product(s) at no expense to you! If we are not contacted within 72 hours of you receiving the damaged merchandise we will not be responsible for damages.
Note: When receiving a freight delivery inspect the package(s) on the spot. Do not sign for the items until you thoroughly check everything over. If you notice damage, have it noted by the driver, and give us a call. Don't refuse delivery, we will get it taken care of.
Returned Products: Most products can be returned within 30 days of purchase, in their original packaging and in resalable condition. An industry standard restocking fee applies to returned products. The fees are 20% for weathervanes, finials, outdoor decor, and accessories, 30% for cupolas and 50% for extra large cupolas (60" sq and bigger). We are not responsible for return shipping charges or the original shipping charges. No items will be accepted for return without a Return Authorization from us. Call 1(888)408-5244 if you have any questions.
After 30 days items can no long be returned. No customized items or items ordered in a custom finish 'green patina copper, gold leaf, antique brass, pewter, black, matte black, dark bronze, and clear coated copper' will be returned. Only items in raw copper can be returned.
Because most of our weathervanes and cupolas are hand crafted right here in the USA they are built to order. This means that some of them may take 2-4 weeks to ship out. If you choose to cancel your order while it is being constructed you may still be subject to a restocking fee as this product was originally being built per your request.
Important: No return can be accepted without our prior authorization. Please call 1(888)408-5244 or email weathervanesofmaine@yahoo.com to receive a Return Authorization Number (RA#). Returns without this number will be refused.
To Make a Return, Simply:
Repack your product with all of its components back into its original packaging.
Contact us at weathervanesofmaine@yahoo.com to inform us of your return and find out the proper address to ship the unit.
CANCELLATION POLICY: Any items that are built to order or customized including the following (Weathervanes, finials, cupolas, lantern posts, signs, mailbox posts, mailboxes, and birdhouses and feeders) cannot be cancelled after 72 hours from the order time. To request a cancellation please call 1(888)408-5244. We will not acknowledge cancellations made by email.
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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 Weathervanes of Maine, Inc.. The collective work includes works that are licensed to Weathervanes of Maine, Inc.. Copyright 2003, Weathervanes of Maine, Inc. 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 Weathervanes of Maine, Inc. or purchasing Weathervanes of Maine, Inc. 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 Weathervanes of Maine, Inc. or to purchase Weathervanes of Maine, Inc. 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 Weathervanes of Maine, Inc.. 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 Weathervanes of Maine, Inc. used in the site are trademarks or registered trademarks of Weathervanes of Maine, Inc.
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, Weathervanes of Maine, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Weathervanes of Maine, Inc. 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. Weathervanes of Maine, Inc. 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
Weathervanes of Maine, Inc. 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 Weathervanes of Maine, Inc. 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 Weathervanes of Maine, Inc. product is mistakenly listed at an incorrect price, Weathervanes of Maine, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Weathervanes of Maine, Inc. 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, Weathervanes of Maine, Inc. 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 Weathervanes of Maine, Inc. 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
Weathervanes of Maine, Inc. 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 Weathervanes of Maine, Inc..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, 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 Weathervanes of Maine, Inc. products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Weathervanes of Maine, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Weathervanes of Maine, Inc.'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. Weathervanes of Maine, Inc. 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 Weathervanes of Maine, Inc. 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
Weathervanes of Maine, Inc. 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, Weathervanes of Maine, Inc. 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, Weathervanes of Maine, Inc. 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 Weathervanes of Maine, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Weathervanes of Maine, Inc., 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, Weathervanes of Maine, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Weathervanes of Maine, Inc., Weathervanes of Maine, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Weathervanes of Maine, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Weathervanes of Maine, Inc. 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 well (including if a specific link does not work).