Terms of Service
This website is operated by Metropix Inc., a small business in Hawaii that has been building its reputation for high quality, fair pricing, and excellent customer service since 2002. We take great pride in our reputation for quality and excellent value. Please, visit our satisfied customers page. We want you to be satisfied as well!
Place your order safely online, or call us toll-free at 909-297-1748. In order to compete with US Mainland based companies we contract with warehouse and shipping partners on the US Mainland and in Hawaii.
Please, understand that Metropix Inc., is not always the manufacturer or importer of the products advertised. We have partnered with several manufacturers, distributors, and vendors. In some cases product will ship directly from their and not our warehouses which may result in receipt of separate shipments. We do not ship items from US Mainland to Hawaii and Alaska, and we do not ship to Puerto Rico, Guam, the Virgin Islands, PO Boxes, hotels, or motels. Currently we do not accept international orders.
WHAT YOU CAN EXPECT FROM US BY PLACING AN ORDER
We use established and secure payment systems that have been approved by and are in compliance with: Discover Card, American Express , Visa, Mastercard, JCB, Google Checkout, TrustCommerce, and Paypal. When using our shopping cart (by Mal’s Ecommerce) you will have access to its Hawte security certificate and its Hacker Safe verification. We neither harvest nor have access to financial records of customers. Your credit card statement identifies transactions by the names “HAWAIIANDAYS,” or “METROPIX INC.”
We ship within 1-7 days via USPS Priority Mail and UPS Ground. Deliveries may take up to 5 days.
bamboostorehawaii.com and its parent company Metropix Inc. will never give, sell, lease, or share your personal information, period. Your credit card information is safely and securely remotely processed by TrustCommerce, a well-established electronic payment processor, and cannot be viewed by us. bamboostorehawaii.com and its parent company Metropix Inc. will not engage in spamming, but by giving your email address you agree that bamboostorehawaii.com and its parent company Metropix Inc. may contact you about your current or past order or any news or promotions in relationship to this or any other websites owned by bamboostorehawaii.com and its parent company Metropix Inc. You will always be given the option to stop being contacted.
Read on below for warranties and the “fine print.”
WHAT WE EXPECT FROM YOU
By placing an order you agree to the terms contained in this document and posted on our website for viewing before, during, and after placing an order. You understand that pictures are for illustration purposes only and that we are not responsible for typographical errors.
CONTACTING US BY PHONE:
Call us toll-free at (909) 297-1748 to place an order or inquire about a product.
CONTACTING US BY EMAIL:
Once an order is placed all inquiries need to be made via email by replying to your emailed Order Confirmation, as that contains information we need to properly handle your inquiry. Emails without a subject, or a subject that does not carry your order number and/or last name of the ordering party, and/or whose content lacks information that aids us in looking up your order will be replied to with a form letter asking you to submit the necessary information, so try to be as complete as possible if you have a request and want to be replied to in a timely manner.
100% SATISFACTION GUARANTEE:
We understand that you will be buying a product unseen, which always carries the risk that something isn’t quite what you expected. Therefore, please read our product descriptions, as we aim to be as comprehensive as possible. When in doubt, contact us and we’ll be happy to answer all your questions prior to purchase.
Metropix Inc., is committed to your satisfaction. If you are not happy with your choice, it is important that you contact us within 10 days. We will gladly replace most defective items. We do not accept unauthorized returns. You will be issued a Return Merchandise Authorization, or RMA#, which must be visible on the exterior of your return package. Returning merchandise is at your expense. Shipping charges are not refundable and will be deducted at the actual shipping charge rate which may exceed any promotional shipping fees (currently $8.97 for the first item) charged at the time you placed the order. We will exchange or replace your undamaged items and pay for shipping once per occurrence, unless you received promotional shipping or a shipment over 6 Lbs., in which case we’ll charge for the cost of shipping. Due to the first-rate quality of our product, returned merchandise unsuitable for resale will incur a 20% restocking fee, so be sure to package well and insure your shipment. We will not accept damaged shipments. Special orders and orders containing frames are excluded. Returned items must be received in returns warehouse within 10 days of RMA issuance. Returns received after this date will be rejected and will be deemed to be a permanent acceptance of the product.
DAMAGED, DEFECTIVE, OR WRONG MERCHANDISE:
We urge you not to accept damaged shipments. If you nevertheless accepted damaged goods, or incorrect merchandise, it is important that you contact us within 24 hours by replying to your emailed Order Confirmation by adding the word “DAMAGED” to the subject in order to report damage and be eligible for damage claim. This is necessary for us to file a damage claim on behalf of you. Metropix Inc., is not liable for any monies lost when the carrier refuses damage claims. Claims after 10 days will not be considered. We do not accept unauthorized returns. You will be issued an RMA#, which must be visible on the exterior of your return package. We only exchange defective merchandise one time. We will send you a shipping label for sending the item back to us. Once we receive the item, we will ship to you a replacement within 7 days from the time they are received (if still in stock).
If you are not satisfied with your purchase, it is important that you contact us within 10 days, to give us a chance to remedy your discontent to your satisfaction. We do not accept unauthorized returns. If we fail to remedy the situation you will be issued an RMA#, which must be visible on the exterior of your return package. Returning merchandise is at your expense. Return shipments without valid RMA numbers will be rejected. Failure to return a product within 14 days or notify Metropix Inc., of your intention to return within 10 days of receipt will be deemed to be an acceptance of the product. You are responsible for all risk of loss and damage to products being shipped for return. Fully insure return shipment in case of loss or damage. Return eligibility is for single purchase of product only. Wholesale or bulk purchases (5 or more items of the same UPC number) are not eligible for return. Returns and adjustments to methods of payment may take 10-14 business days after the return is received. We will refund your purchase—minus cost of shipping. All returned merchandise will incur a 20% restocking fee. Be sure to package well and send your package insured as we will not accept damaged shipments. Returned items must be received in returns warehouse within 10 days of RMA issuance. Returns received after this date will be rejected and will be deemed to be a permanent acceptance of the product.
Custom-matted, custom-framed, foreign destination, rush/express orders, and orders on behalf of third parties, or for events/parties (as conveyed by you orally or in writing), as well as orders discounted at 20% or more are considered special orders and sales are final. Bulk purchases (5 or more items of the same UPC number) are not eligible for return. Due to health/hygienic concerns skin care and foods items are non-returnable. Wholesale orders are considered “Special Orders” and are charged actual shipping rate.
RETURNING BAMBOO CURTAINS: We expect to receive items the same way you did. We have posted return and repacking instructions. In the case of bamboo curtains, please, do not “wrap” the bamboo strands around the rod! Bamboo curtains returned to us in unsalable or damaged condition will not be refunded, so pack well and insure your shipment against damage. We will not accept damaged shipments.
CONDITION OF RETURNED ITEMS:
In order to be eligible for warranty service, items must be 100% complete including all original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. RMA approval is contingent upon, among other things, the products being 100% complete, and returned in original packaging.
Products returned with missing items, packaging, or accessories, with item, packaging, or accessory damage will be discarded with no refund given.
Please be aware that a RMA number does not offer ANY final disposition. After we receive you return it must go through inspection and then will be assessed for refund or exchange.
CANCELLATION AND REFUSAL:
We start processing your order immediately upon receipt so please notify us right away if you need to cancel. If the order has already been moved to our warehouse and shipping partners we will charge a $20.00 cancellation fee. If you refuse to accept your order, you will be charged $20.00, plus a restocking fee of 20%.
No orders are processed or shipped on Saturdays or Sundays. In the event of a delay, you will be notified by e-mail. If the delay will be longer than 30 days, you will receive notice and be given the choice to remain on backorder, substitute to another item, or cancel your order. Delivery may require signature. Shipping and Handling charges are non refundable. Information supplied by you that is inaccurate may result in delays for which you will be responsible.
THIRD PARTY SERVICES:
By placing an order you acknowledge and agree that, in some instances, Metropix Inc., and its affiliates are resellers of services and are not the provider of those services (such as shipping services). In those cases, the third party service provider is the only party responsible for providing services to you. In those cases, you will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. By placing an order you release Metropix Inc., and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. All amounts, including taxes, associated with third party services are being collected by Metropix Inc., solely in the capacity as an independent sales agent.
RISK OF LOSS:
If you provide Metropix Inc., with your personal carrier account number or select a carrier other than a carrier that regularly ships for Metropix Inc., title to products and risk of loss or damage during shipment passes from Metropix Inc., to you upon shipment from Metropix Inc.,’s facility. For all other shipments, title to products and risk of loss or damage during shipment passes from Metropix Inc., to you upon receipt by you.
COUPONS AND VOUCHERS:
Coupons and voucher codes are offered exclusively to potential and existing customers and are non-transferable. In the event we detect misuse we reserve the right to cancel such order without prior notice.
Prices and stock status on our website is the most current and updated and not what is published across the web as most sites or search engines that pickup our data feed may be 24 hours behind.
THE FINE PRINT
This website and the services of our parent company Metropix Inc. are provided solely for the use of current and potential retail and wholesale customers and may not be used by any other person or entity. Copying of content, including images, printing of content pages and/or images, is prohibited.
bamboostorehawaii.com and its parent company Metropix Inc. and its Content are protected by United States and international copyright, trademark and other laws. © 2002 bamboostorehawaii.com and its parent company Metropix Inc.. All rights reserved. Specifically, bamboostorehawaii.com and its parent company Metropix Inc. does not convey to anyone, through allowing access to bamboostorehawaii.com and its parent company Metropix Inc., any ownership rights in bamboostorehawaii.com and its parent company Metropix Inc. or in any Content appearing on or made available through bamboostorehawaii.com and its parent company Metropix Inc.
bamboostorehawaii.com and its parent company Metropix Inc. and its content are provided “as is.” bamboostorehawaii.com and its parent company Metropix Inc. and its licensors disclaim any and all warranties, express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, regarding any such content and your ability or inability to use bamboostorehawaii.com and its parent company Metropix Inc. and its content.
Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order online or by phone indicates your acceptance of these terms and conditions. Metropix Inc., reserves the right to make changes to this site and these terms and conditions at any time.
By using this website, you hereby release, and agree to indemnify and hold harmless bamboostorehawaii.com and its parent company Metropix Inc. and its subsidiary corporations and their respective officers, directors, employees, and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of your use or viewing of bamboostorehawaii.com and its parent company Metropix Inc. and its Content. This Agreement and your use of bamboostorehawaii.com and its parent company Metropix Inc. is governed by and construed in accordance with the laws of the United States and the State of Hawaii, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to bamboostorehawaii.com and its parent company Metropix Inc. or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Honolulu County, Hawaii. This Agreement may not be changed or modified without the written consent of bamboostorehawaii.com and its parent company Metropix Inc. You agree that any legal action brought against Metropix Inc., shall be governed by the laws of the State of Hawaii without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Metropix Inc., web site shall be an appropriate federal or state court located in Hawaii.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Metropix Inc.,’s advertising and marketing (collectively, a “Claim”) will be resolved, Upon the election of Metropix Inc., customer or third parties involved, exclusively and finally by binding arbitration. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Honolulu, Hawaii. If arbitration is chosen by any party with respect to a Claim, neither Metropix Inc., nor you will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, you will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in Honolulu, Hawaii. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Metropix Inc., arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
COPYRIGHT AND TRADEMARK USE:
bamboostorehawaii.com and Metropix Inc., are registered trademarks, trademarks or service marks of Metropix Inc. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Metropix Inc. All other trademarks or service marks are property of their respective owners. The use of any Metropix Inc., trademark or service mark without Metropix Inc’s express written consent is strictly prohibited.
LIMITATION OF LIABILITY:
Use of bamboostorehawaii.com and its parent company Metropix Inc. and its content is at your sole risk. bamboostorehawaii.com and its parent company Metropix Inc. will in no event be liable to you or any person or entity claiming through you for any direct, indirect, consequential, incidental or other damages under any theory of Law for any errors in or use of or inability to use bamboostorehawaii.com and its parent company Metropix Inc. and its content including without limitation damages for lost profits, business, data, or damage to any computer systems, even if you have advised bamboostorehawaii.com and its parent company Metropix Inc. of the possibility of such damages.
Metropix Inc., will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Metropix Inc., Inc. will terminate the account of you, or any vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the Metropix Inc., and later confirmation through court order or an admission by you that an account has been an instrument of unlawful infringement, Metropix Inc., will terminate the infringing account. Metropix Inc., may also in its sole discretion decide to terminate your account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512©, Metropix Inc., has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Metropix Inc., respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through a Metropix Inc., website, please contact “Legal Department”, via facsimile at (866) 291-9536.
Any written notice describing the infringing activity must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed; A description of the allegedly infringing work or material; A description of where the allegedly infringing material is located on the site; Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address; a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and a statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.