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Terms & Conditions

THESE TERMS AND CONDITIONS MAY CHANGE AND YOUR USE OF THIS WEBSITE AND PURCHASES FROM EXOTIC FLAMES IS GOVERNED BY THESE TERMS AND CONDITIONS

ExoticFlames.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website. In the highly unlikely event that a circumstance presents itself where we cannot come to terms to resolve the issue, the matter will be resolved outside of court by arbitration.

Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the ExoticFlames.com website.

PAYMENT POLICY

When items are purchased from Exotic Flames, they are pre-paid.  Your credit card is charged when you place the order.  This is due to the fact that so many products sold by Exotic Flames are build-to-order products.  We are always happy to give you a full refund should you change your mind before your products ship, as long as we can do so without incurring a loss.

RETURN POLICY

  • All returns must be made within 30 days of purchase with exceptions only by management
  • Exotic Flames reserves the right to substitute carriers at will
  • Returned products must be unused and/or unmixed
  • Exotic Flames reserves the right to cancel your order and issue a full refund if we notice a product pricing error
  • Returns not accepted on all custom or built-to-order products (including Fire Bowls, Scupper Bowls, Fountains, Spheres, FireBalls, FireStones, FireShapes, custom burners)
  • Partial returns are generally not accepted (subject to the manufacturer's return policy)
  • Returned products must be packaged well to avoid damage in transit, or you will be responsible for the damage
  • Returned products that are damaged in transit will not be able to be refunded
  • Refunds will be made towards product cost only
  • Refunds will not be given for non-product labor costs (consulting fees, installation fees, labor, shipping etc.)
  • All FireBalls, FireShapes, and FireStones are colored to order and may not be returned or exchanged except for defect (except Natural color)
  • Restock fees may apply depending on which items are being returned. (20% to 70%)
  • All returns must have a return authorization (we are not responsible for products being shipped to incorrect addresses due to non-compliance of this policy)
  • No returns or exchanges will be accepted for any custom metal products.
  • No returns will be accepted for ICS Fire Pits.
  • No returns on products that contain electronics (if they were used or installed)
  • We cannot be responsible for products that do not pass local codes.  If you are uncertain, we will work with you before your purchase to let you know what products and components have listings on them and which ones do not.  It is your responsibility to make sure our products do not violate your local buidling codes.  We cannot accept returns should you encounter these issues with your local building authorities.

SHIPPING OUTSIDE THE UNITED STATES

If you would like us to ship outside of the United States, please inform us of the country you would like to ship to along with the product you want to purchase. We will let you know if we can ship to that country and if so, will give you a quote including shipping charges. We will accept a wire transfer or a cashier's check. Once funds clear our bank, we will ship product to you.

COPYRIGHT NOTICE

All of the Content you see and hear on the ExoticFlames.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by ExoticFlames.com, one of its affiliates or by third parties who have licensed their materials to ExoticFlames.com. The entire Content of this website is copyrighted as a collective work under U.S. copyright laws, and ExoticFlames.com owns a copyright in the selection, coordination, arrangement and enhancement of the Content.

The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. ExoticFlames.com reserves complete title and full intellectual property rights in any Content you download from this website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from ExoticFlames.com.

SUBMISSIONS AND OTHER COMMUNICATIONS

For any User Content that you submit, you grant Exotic Flames a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such content and to incorporate such content into any form, medium or technology throughout the world, all without compensation to you. For this reason, do not send us any comments that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant Exotic Flames the right to include the name provided along with the User Content submitted by you.

COLORS

We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

CORRECTION OF ERRORS AND INACCURACIES; LIMITATIONS ON QUANTITY; RETURNS; RISK OF LOSS

Despite our best efforts, a small number of the items on our Web site may be mis-priced. As part of our shipping procedures, we verify price before an item is shipped out.

  1. If an item's correct price is lower than our stated price, we charge the lower amount and ship you the item.
  2. If an item's correct price is higher than our stated price we will cancel your order and notify you of such cancellation via email.
  3. If we find that an item's price or the freight charge is incorrect after an order has been placed, we will present the corrected price(s) to the customer and the customer will choose to either proceed with the order and new prices, or we will happily cancel the order and issue a credit in full.
  4. We reserve the right to limit quantities.

ExoticFlames.com sales are made under a corporation named Data Innovations, Inc. The risk of loss and title to items pass to the purchaser upon delivery.

 

DISCLAIMERS - GENERAL

THE EXOTICFLAMES.COM WEBSITE IS OPERATED BY DATA INNOVATIONS, INC., ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, EXOTICFLAMES.COM, DATA INNOVATIONS, INC., DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

WITHOUT LIMITING THE FOREGOING, THE DATA INNOVATIONS, INC. BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

WITHOUT LIMITING THE FOREGOING, THE DATA INNOVATIONS, INC. BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WITHOUT LIMITING THE FOREGOING, THE DATA INNOVATIONS, INC. BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.

THE DATA INNOVATIONS, INC. BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.

THE DATA INNOVATIONS, INC. BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. THE DATA INNOVATIONS, INC. BUSINESSES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL THE DATA INNOVATIONS, INC. BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE IMPROPER INSTALLATION OR USE OF ANY OF OUR PRODUCTS.  DATA INNOVATIONS RECOMMENDS THAT PRODUCTS ARE ALWAYS INSTALLED BY A PROFESSIONAL AND ALL LOCAL CODES ARE FOLLOWED.  DATA INNOVATIONS ACCEPTS NO RESPONSIBILITY FOR THE INSTALLERS ACTIONS, OR ANY ACCIDENTS CAUSED BY IMPROPER OR UNSAFE INSTALLATIONS.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY DATA INNOVATIONS, INC. BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE DATA INNOVATIONS, INC. BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

ENFORCEMENT OF TERMS AND CONDITIONS

BY ACCESSING AND USING THE EXOTICFLAMES.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA.

COPYRIGHTS

If you believe any User Content or any other aspect of the Exotic Flames Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. -512) by providing the following information:

 

  1. A description of the copyrighted work that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Exotic Flames Site;
  3. Your address, telephone number and email address;
  4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

 

Our designated copyright agent for notice of claims of copyright infringement on the Exotic Flames Site may be reached at the following address:

Attn: Copyright Agent
Exotic Flames
26741 Portola Pkwy, Ste 1E #609
Foothill Ranch, CA 92610

PRIVACY

Use of the Exotic Flames Site is also governed by our Privacy Policy which we encourage you to review.

LIMITATION ON LIABILITY

IN NO EVENT SHALL EXOTIC FLAMES OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE EXOTIC FLAMES SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE EXOTIC FLAMES SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, EXOTIC FLAMES RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE EXOTIC FLAMES SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE EXOTIC FLAMES SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

INDEMNITY

You agree to indemnify and hold Exotic Flames and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Exotic Flames Site, (ii) your use of the Exotic Flames Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Service, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

THIRD PARTY ADVERTISEMENTS AND LINKS TO THIRD PARTY SITES

We may display on the Exotic Flames Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE EXOTIC FLAMES SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

CHANGES TO TERMS OF SERVICE

We reserve the right to make changes at any time to these terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Exotic Flames Site after any modifications indicates your acceptance of the modified Terms of Service.

DISPUTES

Any dispute relative to the Exotic Flames Site or use or inability to use the Exotic Flames Site will be governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the Exotic Flames Site shall be submitted to confidential arbitration in Orange County, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise.

APPLICABLE LAW

By visiting Exotic Flames Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Exotic Flames Site.

MISCELLANEOUS

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and you do not have any authority of any kind to bind Exotic Flames in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the Exotic Flames Site. These Terms of Service, which shall be deemed, accepted by you upon your use of the Exotic Flames Site, constitute the entire agreement among you and Exotic Flames regarding use of the Exotic Flames Site. Exotic Flames failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sub-licensable by you, except with our prior written consent. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include and incorporate the Privacy Policy for the Exotic Flames Site and any notices regarding the Exotic Flames Site.