Terms & Conditions
Terms and Conditions
The following Terms and Conditions apply to the use of this Website as well as all transactions conducted through the site.
Legal Notice
These are the terms and conditions for using http://www.fiddlefocus.com, the location of the Fiddle Focus® Online Store (the “Fiddle Focus® Store”). This document is known as the “Terms of Use”. The Fiddle Focus® Store and this website are the property of and provided by Creative Educational Strategies & Services, LLC (“CESS”).
If you use, visit, communicate with, or purchase anything on the Fiddle Focus® Store, you agree to be bound by the Terms of Use which include:
- Payment Options
- Error Resolution Policy
- Shipping Policy
- Cancellation Policy
- Trademarks, Copyrights and Restrictions
- Legal Disclaimers
- Privacy Protection Policy
C.E.S.S. may revise the Terms of Use at any time, without prior notice, by updating this posting. By using Fiddle Focus® Store you agree to be bound by any and all such revisions.
PAYMENT OPTIONS
a) Forms of Payment. All payments for Fiddle Focus® Store products are processed through the Shopify/PayPal/Amazon payments. These secure online platforms offer many forms of payments including major credit cards including MasterCard, Visa, American Express and Discover and ACH payments.
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b) Currency.
c) Sales Tax.
Error Resolution Policy.
If you believe that any payment transaction initiated by the Fiddle Focus® Store (or its agent) is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible by telephone or e-mail using the telephone number or e-mail address provided below of these Terms of Use. In any event, we must hear from you no later than 90 days after the date the questionable transaction FIRST appeared on your bank account statement. When you contact us, provide us with the following information:
Your name and the e-mail address associated with your customer account,
A description of the error or the transfer you are unsure about, and a clear explanation as clearly as you can why you believe it is an error or why you need more information,
The dollar amount of the suspected error,
The transaction date and associated transaction identification number from your bank account statement,
A telephone number at which you can be reached in case we need further information,
The telephone number of the bank, and
That portion of your bank statement containing the shop.fiddlefocus.com transaction information (if requested).
SHIPPING POLICY
a) We ship most of our orders via the US Postal Service and if necessary via private freight companies. All shipping charges are based on weight and shipping zone. Due to packaging weight or multiple boxes not being factored into your original freight quote, your shipping charges may vary slightly. If possible, we will contact you for an approval before processing your order.
b) At this time, C.E.S.S. ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, C.E.S.S. ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier.
c) To have your order shipped outside of the United States, you will need to use a freight forwarding service (companies such as UPS and FED-EX provide international freight forwarding services). After choosing your freight forwarder, simply enter their shipping address (provided it’s inside of the U.S.) when you are ordering your items.
CANCELLATION POLICY
a) Cancellation of the order must take place within 24 hours of the order by contacting us via email at info@fiddlefocus.com. If notice of cancellation is not received within the required time period, the purchase price and all associated shipment costs are non-refundable and are the responsibility of the customer.
b) Purchase of Fiddle Focus® Store Products are final and non-refundable, there are no returns.
LEGAL DISCLAIMERS/ELECTRONIC DELIVERY
(a) Disclaimers. We try to keep the C.E.S.S. Fiddle Focus® Store safe, secure, and functioning properly. You acknowledge however we cannot guarantee the continuous operation of or access to the online store. You further acknowledge that operation of an access to the C.E.S.S. Fiddle Focus® Store may be interfered with as a result of technical issues or numerous factors outside of our control. Such interference may cause delays including, without limitation, delays, or latency due to your physical location or your wireless data service provider’s network. You agree that you are making use of the C.E.S.S. Fiddle Focus® Store at your own risk, and that it being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Moreover, to the extent permitted by applicable law, we are not liable, and you agree not to hold C.E.S.S. or the C.E.S.S. Fiddle Focus® Store responsible, for any damages or losses (including but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Delays or disruptions in use of the C.E.S.S. Fiddle Focus® Store;
Your use of or your inability to use the C.E.S.S. Fiddle Focus® Store;
A suspension or other action taken with respect to your C.E.S.S. Account;
Glitches, bugs, errors or inaccuracies of any kind in our sites, services, applications and tools or in the information and graphics obtained from them;
Damage to your hardware device(s) or loss of data that results from the use of the C.E.S.S. Fiddle Focus® Store;
Viruses or other malicious software obtained by accessing the C.E.S.S. Fiddle Focus® Store;
Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to these Terms of Use or our policies; C.E.S.S. Fiddle Focus® Store reserves the right to modify its policies and this Terms of Use at any time consistent with the provisions outlined herein.
b) Electronic Delivery of Future Disclosures
You agree to accept all disclosures and other communications between you and us on this website or at the primary email address associated with your C.E.S.S. customer account. You should print and retain a copy of all such disclosures and communications.
To print this page for your records: Press “Ctrl” and “P” if you are using a Windows browser, or “Apple” and “P” if you are using a Macintosh.
Trademarks
This site is controlled by Creative Educational Strategies & Services, LLC. The Email address is info@fiddlefocus.com. All materials on this site, including, but not limited to images, logos, illustrations, audio clips, and video clips, are protected by copyrights and trademarks which are owned and controlled by C.E.S.S. Material from the http://www.fiddlefocus.com/ website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights, trademarks and other proprietary rights. For purposes of this Terms of Use, the use of any such material on any other website or networked computer environment is prohibited.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by C.E.S.S.. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of C.E.S.S. or any third party, except as expressly granted herein.
Use Of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Creative Educational Strategies & Services, LLC and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Creative Educational Strategies & Services, LLC believes that customer conduct violates applicable law or is harmful to the interests of Creative Educational Strategies & Services, LLC and its subsidiaries.
Privacy Policy
FIDDLE FOCUS® E-COMMERCE STORE Privacy Protection Policy
This is the Privacy Protection Policy covering http://shop.fiddlefocus.com/main.sc, the location of the Fiddle Focus® Online Store (the “Fiddle Focus® Store”) and http://fiddlefocus.com. The Fiddle Focus® Store and this website are the property of and provided by Creative Educational Strategies & Services, LLC (“C.E.S.S.”). C.E.S.S. respects your privacy and has set forth the following policy to protect that privacy. To see the Terms and Condition for the Fiddle Focus® Store you can go here.
Changes to Privacy Protection Policy
You understand and agree that we may change this Privacy Protection Policy at any time without prior notice. If you maintain an active account with us, we will provide you an email notice of the change(s). You may read a current copy of this Privacy Protection Policy at any time by selecting the “Privacy Protection Policy” link on the website or by visiting [insert link]. Any revised policy will become effective thirty (30) days after posting. Any use of the website after such posting shall constitute your acceptance of such revised policy. If any change to Privacy Protection Policy is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the website.
Registered User Account and Password
In order to use this site, you will need register and create a user account. You are responsible for maintaining the confidentiality of your user name and your password. Further, you are fully responsible for all activity on your account. C.E.S.S. does not maintain any responsibility or have any liability for lost or stolen passwords or user names nor for any unauthorized use of your account.
Security
We employ the latest encryption software to prevent unauthorized use of information stored on our servers. In areas of the site where users must provide personal information for purchasing certain services, only relevant information will be forwarded via Secure Socket Layer (SSL) utilities in order to fulfill these requests.
Please be aware that we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.
Use of Cookies
A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. Cookies enable us to identify your device, or to improve your visit you when you have logged in. We use cookies only that are strictly necessary to enable you to move around the site or to provide certain features. Most browsers are set to accept cookies, but you can set your browser to notify you when you receive a cookie, thus giving you a chance to decide whether or not to accept it.
Log Files
We may use Internet Protocol ("IP") addresses to analyze trends, administer the sites, track a user's movement, and gather broad demographic information for aggregate use. IP addresses may or may not be linked to personally identifiable information.
Email Addresses
Email addresses will only be utilized for C.E.S.S. related alerts, including payment receipts. Except for the purpose of processing payments and as described in this Privacy Protection Policy, we will not share your e-mail address with any third party sources for any reason.
Sharing
Though C.E.S.S. makes every effort to preserve your privacy, C.E.S.S. may need to disclose personal information when required by law where C.E.S.S. has a good-faith belief that such action is necessary to comply with a current judicial proceeding, a criminal investigation, a court order, or legal process served on C.E.S.S.. C.E.S.S. may also share your personal information if C.E.S.S. believes it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of C.E.S.S. or this website's Terms of Use [insert link to T&C], or as otherwise required by law.
Notification of Changes
If we decide to change this privacy policy, we will post the changes in places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If, however, we are going to use individually identifiable information in a manner different from that stated at the time of collection, you will be notified.
Contact Information
C.E.S.S. welcomes your comments regarding this Statement of Privacy Protection Policy. If you believe the C.E.S.S. has not adhered to this Statement, please contact us at info@fiddlefocus.com. We will use commercially reasonable efforts to determine and remedy the problem, if any.
Mergers; Business Transitions
In the event C.E.S.S. goes through a business transition, such as a merger, acquisition by another entity, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred. We will not undertake a business transition without continuing to protect your privacy.
Links
The http://www.fiddlefocus.com/ site may contain links to other sites. Please be aware that C.E.S.S. is neither responsible nor liable for the privacy practices or lack of such practices of such other sites. We want our users to be aware of this when they leave our sites to visit linked sites. We encourage our users to read the privacy statements of each and every site that collects personally identifiable information. This privacy statement applies solely to information collected by and/or through http://www.fiddlefocus.com/.
Waiver of Liability
You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on an "as is" basis. The site may contain errors, faults, and inaccuracies, and may not be complete and current.
In no event shall C.E.S.S. be liable to any content user, content beneficiary, or any third party for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages, including, without limitation, exemplary, special, incidental or punitive damages, resulting from lost data, disclosed information or business interruption) resulting from the use of or inability to use the website and the content, including the assessments, in excess of the fees paid for the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such foundation party has been advised of the possibility of such damages.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of the foundation parties shall be limited to the greatest extent permitted by law.
If you have any questions about the privacy policy, please feel free to contact us at: info@fiddlefocus.com.
Printing Or Saving The Page
To print this page for your records:
- Press “Ctrl” and “P” if you are using a Windows browser, or
- If you are using a Macintosh press the “Apple” [Command] key and “P”; and
- If you are using Google’s Chrome Browser you can <right click> to bring up a menu, then select “Print” which will give you an option to either print the page or save it on your computer as a PDF.
International
All of our pricing is listed in U.S. funds. The funds are converted to the local currency of the ordering country on your credit card statement when ordering outside of the United States. Since we only charge for items as they are shipped, the rate of exchange is locked in at the time your order is shipped, and not when the order is placed. Credit card companies may charge a currency conversion fee. Please contact your bank for further details.
Sales Tax
Sales tax is generally added to orders that are shipping within the state of Oklahoma. Sales tax is sometimes added after an order has been placed because of a manufacturer’s request. For example, we may be required to collect taxes: (a) in the event that all or part of your order is shipping from the same state that it is shipping to, (b) if your state requires that we charge sales tax, or (c) because the factory has representation in your state. If this is the case on your order, before processing your order a customer service representative will contact you for an approval on the new total cost. In the event we do not hear from you in a timely manner, we reserve the right to cancel your order.
Store Hours
Email us through the Contact Us form and we will respond within 24 hours.