TERMS & CONDITIONS

Last Updated June 2022

TERMS OF SALE

Warranty

It is expressly acknowledged and agreed that Fausta, Inc. is not a manufacturer of products. Any and all warranties provided for any products sold or distributed by Fausta, Inc. shall be limited to those expressly provided by the manufacturer of those products. To the extent permitted by applicable law, Fausta, Inc. expressly disclaims any and all other warranties, whether expressed or implied, and whether arising by operation of law, course of dealing, usage, trade or otherwise, and expressly excludes and disclaims any and all implied warranties including, but not limited to, merchantability or fitness for a particular purpose.

Limitation of Liability

Fausta, Inc. does not and shall not assume any liability whatsoever for use of, or defects which may be claimed in, any products sold or distributed by Fausta, Inc. (the “Products”) on europeanironart.com (the “Site”). With regard to communication with Fausta, Inc.’s technical sales staff, it is agreed and acknowledged that Fausta, Inc.’s technical sales staff is only provided to assist in the identification of the Products. Fausta, Inc.’s technical sales staff does not and shall not assume any responsibility or liability whatsoever relating to the installation or use of any Products. The customer is advised to seek the assistance of a qualified licensed installer to ensure the proper selection and installation of any of the Products and compliance with local codes and ordinances. European Iron Art Inc. expressly disclaims and shall not be liable for any claims for damage, injury, cost or expense suffered or incurred as a result of or otherwise caused by the installation or use of any of the Products. The customer shall indemnify, defend and hold harmless Fausta, Inc. and its employees, officers, directors, owners and agents, from and against any such claims for damage, injury, cost or expense suffered or incurred as a result of, caused by or otherwise related to the installation or use of the any Products purchased by the customer.

TERMS OF USE

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.

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 European Iron Art Inc. The collective work includes works that are licensed to European Iron Art Inc. Copyright 2012, European Iron Art 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 europeanironart.com or purchasing europeanironart.com 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 europeanironart.com or to purchase europeanironart.com 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 europeanironart.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademark

All trademarks, service marks and trade names of europeanironart.com used in the site are trademarks or registered trademarks of European Iron Art Inc.

Return Policy

Most unused items can be returned within 30 days of delivery. Return shipping costs and 25% restocking fee are deducted from the refund.

*Submit your request via email.
*You will receive and email confirming that the return request has been accepted or denied within one business day.
*An itemized Return Authorization, return shipping labels, and detailed instructions will be emailed to you within one to two business days. From the date you receive this email, you will have 15 days to return the product.
*Upon European Iron receiving and inspecting the return, your refund will be issued within one to two weeks.
*Any items returned outside of this process or period are not eligible for a refund.

Items that are not eligible for return include:

*Clearance items
*Custom made and made-to-order products
*Used items, or items that have been installed or assembled (all items must be returned in “like new” condition

Damage

We strive to ensure your order delivers in excellent condition; however, there are occasions when items sustain damage during transit. European Iron Art assumes responsibility for any item damaged in shipping that are reported within the claim time listed below:

*By signing for the delivery without noting any damage or missing items on the delivery receipt, you are accepting that your full order has arrived in excellent condition
*The order must be opened and inspected in the presence of the delivery driver.
*Any damage or missing pieces must be noted on the delivery receipt.
*Do not discard the damaged item or the original packaging.
*Contact us via email to report the damage within ONE business day and include delivery details, along with photos illustrating the damage.
*Any damaged item is required to be returned within 15 days. If not returned in this period, the original payment method will be charged.

European Iron Art is not responsible for reimbursement of any labor costs or project delays that may occur due to the receipt of damaged goods. We always recommend that you wait to schedule installation until after your order has arrived and has been carefully inspected.

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, europeanironart.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. europeanironart.com 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. europeanironart.com 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

europeanironart.com 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 europeanironart.com 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 europeanironart.com product is mistakenly listed with a typographical or pricing error, europeanironart.com reserves the right to refuse or cancel such orders placed for product with typographical or pricing errors, 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, europeanironart.com shall issue a credit to your credit card account in the amount that was charged to your credit card for the product with typographical or pricing errors.

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 europeanironart.com 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

europeanironart.com 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 europeanironart.com.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Michigan, 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 europeanironart.com products) shall be in the state or federal courts located in Macomb County, Michigan. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of europeanironart.com products) must be commenced within one (1) year after the claim or cause of action arises. europeanironart.com’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. europeanironart.com 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 europeanironart.com 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

europeanironart.com 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, europeanironart.com 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, europeanironart.com 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 europeanironart.com in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless europeanironart.com, 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, europeanironart.com may link to sites operated by third parties. However, even if the third party is affiliated with europeanironart.com, europeanironart.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of europeanironart.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, europeanironart.com 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).