Terms Of Service

This website is operated by finedesignshop. Throughout the site, the terms “we”, “us” and “our” refer to finedesignshop. finedesignshop offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

DRAWINGS/LEAD TIMES   

Drawings will be sent for your approval typically within 3-5 business days after deposit and all paperwork is signed and sent back. We will first provide a rough drawing for dimensional approval. Once dimensions are verified we will provide final shop drawings with full detail and multiple views. If changes need to be made after final shop drawings are sent for customer approval, we will then provide two free revisions. There will be a $50 fee for any additional revisions. If drawings are not clear to buyer the buyer should request additional drawings if needed. Shop drawings may be an additional cost to buyer and may not always be provided at no charge. It is the buyer's responsibility for Compliance of federal state and local laws and building codes. Lead times/fabrication will begin once deposit is received and all FINAL paperwork is signed and sent back through DocuSign including proposal, terms and conditions, and shop drawings. Lead times exclude all upcoming weekends holidays.

Please note that lead times are an ESTIMATION, especially with custom orders. A custom order is technically a one of a kind prototype that can at times be unpredictable because of different aspects of the fabrication process. We will do our very best to meet the estimated lead time given for each project. If there are delays we will notify you at least a week ahead of time so that any scheduling issues can be resolved in a timely matter.  *****please note***** As stated in our terms and conditions lead times are contingent on ALL signed paperwork including, but not limited to: Formal proposal, terms and conditions, receiving instructions, credit card authorization, final drawings, etc. Lead times can vary day to day. The sooner you send everything back signed, the more accurate your lead times will be.



WARRANTY

Our range hoods have a 4 year parts and labor warranty from the date of purchase. Customer must provide original proof of purchase. Any broken or malfunctioning parts must be sent back to our facility to be visually assessed and or repaired at buyers expense. If Fine Design Fabrication agrees that the part sent back is defective we will send out a new part and or repair part at no charge to buyer and reimburse any shipping expenses for the defective part.  

 

SELLER IS NOT RESPONSIBLE FOR THE FOLLOWING

  • Parts that are broken, damaged, or improperly wired in the installation process.

  • Installation of the product, or Service calls to correct the installation of the product.

  • Service calls to repair any damaged product.

  • Burnt out or defective lights.

  • Pick up or delivery.

  • Site surveys or onsite work

  • Repairs to parts resulting in unauthorized modification of product.

  • Removal and installation of damaged products.

 

METAL SEAMS AND FINISHES

Seams that are welded and sanded smooth are sometimes visible; this depends on many different factors of the fabrication process. The Seller will do its best to make seams non visible, however certain materials such as copper and brass can leave minor visible defects when welded. Mirrored #8 stainless steel can have minor factory defects from the mill. Finishes selected from a sample or samples by Buyer can be matched by Seller at Seller's best efforts. Finishes may vary depending on product or chemical process used for finish application. Patina finishes are applied with a chemical and may differ from sample depending on temperature, humidity, materials and other corresponding interferences. Zinc, copper, and brass are all considered ferrous materials that have a living finish. These materials naturally patina and change over time. These materials are also soft and susceptible to dents and scratches. All of our finishes are applied with a patina (not a paint).

 

Patina is a chemical process which reacts with the metal to darken/age the material.This process is mimicking natural occurrences of nature and will be uneven and inconsistent. Each finish may vary slightly in color from the images on our site and samples provided.  

Powder Coat Finishes: All Powder Coat finishes are intended to be consistent, however, due to the hand crafted nature of the products we fabricate, some edges, welded and sanded corners and seams may be slightly imperfect, this means that Powder Coat finishes may show some slight imperfections. No Powder Coat finish will be perfect, but will be more consistent than a patina finish.



INSTALLATION/ HANDLING

ll of the products that are fabricated here need to be handled very carefully throughout the entire process of unpackaging and installation. Materials such as copper, brass, zinc, and stainless all have very delicate finishes. These finishes can scratch very easily if mishandled during the unpackaging and installation process. We take great care in our fabrication and packaging methods with quality control checks in every step of the production process. Detailed pictures and videos are taken of each finished product before it is shipped to ensure quality. Customer will be responsible for any shipping related fees and repairs fees, for damaged parts caused by mishandling. We strongly advise hiring a professional installation company to unpackage and install the product to ensure safe handling and final placement of product.

 

CHANGE ORDERS

Modification or addition to the work shall be executed only when a Contract of Change Order has been signed and sent back to seller. The change in the Contract Price caused by such Contract Change Order shall be as agreed to in writing. Buyer is responsible for any unforeseen obstacles that are not included in this contract. Any expense incurred due to such conditions shall be paid for by the Buyer as added work. Buyer and Owner will be fully responsible for the merchandise herein once received and accepted on site at time of delivery.

 

RESTOCKING FEE

There will be a 20% material restocking fee if buyer changes their material choice after order is placed.  

 

STORAGE FEES

Seller will hold the completed product for 2 weeks after product has been completed at no charge. A fee of $50.00 will be added for each week after the initial 2 week hold. Should the finished product be held longer than 30 business days, buyer will be required to pay 50% of the net invoice amount in addition to the $50.00 weekly charge.

 

BILLING AND PAYMENT

To ensure a more accurate shipping/completion date.  

We will collect remaining final balance 3 days prior to product being shipped. All sums not paid when due shall bear interest at the lesser of 1.5% per month, or the maximum permitted by state law. Buyer shall pay all costs of collection, including attorneys’ fees of 20% of the amount found due

 

SHIPPING, FREIGHT CLAIMS & DAMAGES

Please note all products are inspected and photographed from all angles prior to being packaged and shipped. If damage is determined to be caused by mishandling when unpackaging or damage is caused by mishandling in the installation process a shipping claim will not be filed and the customer will be responsible for any cost to repair the damaged product.

 

All freight and shipping damages/claims are to be filed through Fine Design Fabrication. Any damages to merchandise must be noted and described either by email, mail or fax in writing and sent to Fine Design Fabrication within 6 hours of receiving merchandise. Any claim on damaged product must be evaluated and inspected by freight carrier and depending on which carrier service was used will depend on the time to inspect and process claim. Fine Design Fabrication is not responsible for replacing any damaged merchandise until Fine Design Fabrication has been reimbursed by carrier insurance. Fine Design Fabrication may, at its own discretion, make the choice to remake and replace damaged product, but is not obligated to by any means. Claims can take anywhere from TWO weeks up to TWELVE months to process depending on carrier.

 

Shipping price is an estimation. Actual shipping price will be determined at time of packing. Shipping rates may vary depending on carrier and transit times. Shipping will be based on residential shipping rates unless otherwise specified.

All shipments are CURBSIDE DROP OFF only. It is buyers responsibility to off load the product at drop off.

Seller and freight companies strongly suggest hiring a third party mover for any product larger than 4ft in length, or any product over the weight of 150lbs. If there is any damage in shipping it must be sent back in its original packaging.

If delivery is denied or sent back it is buyers responsibility to pay any additional fees acquired.



DELAYS

Seller shall have no liability to Buyer for any delays or damage to Seller’s performance caused by events beyond its control, including but not limited to strikes, acts of nature, civil disorders, fires, floods, adverse weather conditions, labor difficulties, delays in transportation, shortages of materials, delays in approval and return of drawings or submittals, and equipment failure/malfunctions.

 

RIGHT TO STOP WORK

Seller shall have the right to stop work if any payment shall not be made when due to Seller under this Agreement; Seller may keep the job idle until all payments due are received. Failure to make payment, within five (5) days of the date due is a material breach of this Agreement and will entitle Seller to cease any further work



DISPUTES (court action)

Any discrepancies or disputes that may end up in legal litigation of the court of law must be held in VENTURA COUNTY  CALIFORNIA. By signing these Terms and Conditions, you agree to appear should you be requested or subpoenaed.

 

Fine Design Fabrication LIABILITY RELEASE AGREEMENT

The undersigned agrees and does hereby release from all liability and hold harmless Fine Design Fabrication and any of its employees representing or related to Fine Design Fabrication. This liability release is for any and all liability for personal injuries including death and property losses or damage in connection with any product fabricated by or accommodation of the above mentioned Business. The undersigned does hereby further agree to abide by all the terms and conditions that are presented in this document by Fine Design Fabrication.

 

By purchasing from this site you agree that you have read and understood all details of this agreement and that all of the details listed in this document are correct. If any information in this document is incorrect, please do not sign below. All sales and fabrication, including designs and shop drawings are final. All deposits paid will not be refundable. A project that has been started may not be cancelled. Once Fine Design Fabrication starts work on any project, the customer must agree to pay due amount upon completion. All Fine Design Fabrication products are 50% down, and then remainder balance will be collected 3 days prior to shipping unless otherwise stated on proposal/invoice. Fine Design Fabrication will not release product or products until payment has been made in full. By signing below you agree to all of Fine Design Fabrication terms and conditions listed in this document.


Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall finedesignshop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless finedesignshop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 23 west easy st suite 201, 201, simi valley CA 93065, United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@finedesignfabrication.com.