Terms and Conditions of Use

This web site is owned and operated by Tiki Trading Company, LLC (“Tiki Trading”), and by making any use of the site, or making any purchase from the site, you agree to be bound by the following policies, terms and conditions:

Terms of Sale
We accept payments through Google Checkout only, and all payments must be in U.S. Dollars.  All orders are to be prepaid through Google Checkout, and all amounts must clear before shipping. Tiki Trading shall have the right to deduct for any sums owed including bank charges, and defer shipments in part or whole until full payment is made.  Tiki Trading reserves the right to refuse any order.  Please note that where we have reason to believe that an individual is attempting to use a stolen credit card, we will notify the local police or security authority.  We don’t like thieves.

Preorders and Deposits
Please note that when Tiki Trading is offering a limited edition watch (such as the “BaliHa’i”), we may advertise and accept preorder deposits to reserve a watch (and let the customer specify a preferred serial number/unit, subject to availability).  PREORDER DEPOSITS ARE NONREFUNDABLE AND NONTRANSFERRABLE, and will be returned only in the event that, in its sole discretion, Tiki Trading determines it will be unable to produce or supply the ordered watch(es) in a timely fashion.  The balance of the purchase price and shipping and handling charges will be invoiced to you by email about 3-4 weeks prior to delivery of the watches, and must be paid in full before the watch(es) will ship.   Please note that at present, the production “BaliHa’i” watches are expected to be ready for delivery in late March or April 2009.  This time frame is an estimate only, and due to the nature of small run watch production, some delay is possible.

Pricing and Tax Stuff
Tiki Trading tries to offer competitive market prices.  Prices may change without notice.  Product illustrations, descriptions and specifications are based on the latest information available at the time of posting. Tiki Trading reserves the right to change, improve, delete and/or add to the postings on this web site and to correct errors without notice.  Product pricing does not include shipping.  Shipping costs will be invoiced to the customer and must be paid prior to finalizing the sale. We reserve the right to invoice additional shipping charges in the event that a shipping carrier invoices us delayed or corrected charges, or where any taxes or import/export duties are charged to Tiki Trading.  All such taxes and import/export duties are the responsibility of the customer.  We have been told that European countries impose a VAT of approximately 15-21%; any such VAT or similar charges in other regions are the sole responsibility of the customer.

Google Checkout will apply sales tax to all purchases shipped to customers in the State of Texas, USA only (8.25%).  Customers in other jurisdictions should check with the relevant State Department of Revenue or other taxing authority regarding their responsibilities for sales or "use tax" if applicable.  No sales in the State of Texas are sales tax exempt.

Shipping
Watches will be shipped by FedEx unless alternate arrangements are agreed in writing by Tiki Trading. All watch shipments require a signature on delivery, with no exceptions.  Tracking numbers for your package(s) are available upon request. Contact info@balihaiproject.com and provide your order number along with your request.  Watches will ship via FedEx and are available for purchase only in areas serviced by regular FedEx services.  Smaller accessories such as straps may ship by a less expensive method, and may or may not include tracking.  As discussed above, please remember that custom duties, fees and / or taxes might apply (the amount depends on the customer’s country of residence and the purchase amount) - these additional costs are not included in the total amount charged by Tiki Trading and are the sole responsibility of the customer; in some cases, they may be billed by FedEx but these are not additional shipping costs.

Returns
The BaliHa’i is a large, heavy watch.  All watches are made in very small limited editions, and sales of all products on this web site are final.  There is no return policy offered.  Deposits placed for preorders are non-refundable unless, in its sole discretion, Tiki Trading determines that it will not be able to produce or deliver any ordered or requested item (which we think is very unlikely).  Customers should carefully consider this before placing an order for any product from this web site.  If you have any problems with your order, please contact us immediately at info@balihaiproject.com for assistance.  Unauthorized returns (or items returned as delivery refused) will be retained by Tiki Trading. 

Limited Warranty
Your BaliHa’i wristwatch includes a non-transferable limited guarantee against manufacturing defects covering a period of 12 months from the date of purchase. Only parts which are defective as a result of a manufacturing defect, as determined by Tiki Trading or its authorized agents, will be repaired or replaced at no charge.  Unauthorized repairs will void this warranty.

This limited warranty is the exclusive manufacturer warranty, except to the extent prohibited by law. No other warranty is given, either expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, and no warranty shall extend beyond the period of 12 months from the date of original purchase.  The following items and related or resulting damages are specifically excluded from coverage under this limited warranty: external damage or damage resulting from impacts or inappropriate or abusive use; damage to the finish of the watch, scratches, chipping, or any damage to case or crystal coatings; loss of water resistance; water or sand damage; damage to crown, stem, screws, clasps, buckles, bands, bracelets, and accessories.

Tiki Trading’s liability is limited solely to repair or replacement as stated herein.  At Tiki Trading’s sole option, in lieu of repair or replacement, Tiki Trading may choose to respond to a warranty claim by retaining the damaged watch and refunding to the customer the full purchase price paid therefore (but excluding all shipping costs or taxes).  Tiki Trading shall not be liable, by virtue of the limited warranty or otherwise, for any loss or damage, injury, or death arising out of the use of or inability to use the product, or for any incidental or consequential damages of any kind.  Diving is an intrinsically dangerous activity, and customers bear full and sole responsibility for maintaining good dive safety at all times.

TO MAKE A WARRANTY CLAIM: Send us an email at info@balihaiproject.com to receive Warranty Preauthorization and further directions.  In order to benefit from the limited warranty, the warranty card, dated and completed, must be presented along with the product, to Tiki Trading or its authorized agent. Please be advised that while we will try to respond to warranty claims as quickly as possible, we lack the facilities to make most repairs ourselves, and so will outsource such work.  This may take some time, as it will often require that we return items to our Swiss assembly providers.

This limited warranty gives you specific legal rights which may vary between states and countries.

Applicable Law and Jurisdiction

By visiting this Tiki Trading web site, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Tiki Trading.  Any dispute relating in any way to your visit to this Tiki Trading web site or to products or services sold or distributed by Tiki Trading shall be adjudicated in any state or federal court in or for Dallas County, Texas, and you consent to exclusive jurisdiction and venue in such courts.

Privacy Policy Statement

This web site belongs to Tiki Trading.  We can be reached via e-mail at info@balihaiproject.com.

This web site uses free domain traffic and metric tools provided to us by Google Analytics, the capabilities and details of which are probably not fully appreciated by us, but are better explained on Google’s web site.  We just like to look at reports that show us lots of people are visiting the web site.

Customers or prospective customers who email us or message us through various internet forums are typically (though not always) added to our mailing lists, and may receive communications from us from time to time.  If you’d like to be excluded from that list, please let us know & we’ll take you off.  We only use this info for our own review and marketing purposes, and don’t sell lists to any other site or entity.  So far as we know, we aren’t setting any cookies. 

From time to time, we may come up with clever new ideas and use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our web site to notify you of these changes and we will always provide you with the ability to opt out of these new uses.  If you are concerned about how your information is used, you should check back at our web site periodically.

When we transfer and receive certain types of sensitive financial information, we redirect visitors to a secure server administered by Google Checkout.

A Final Word

We live in a law-obsessed world which makes the inclusion of these terms and conditions a practical necessity for a small business.  These are the rules and terms that govern your interaction with Tiki Trading.  We are, though, actual people, and if you have questions or problems, please drop us an email and let us know.  We are dive watch fans and customers of other watch companies, and we want all of our customers to thoroughly enjoy their BaliHa’i watch purchase and experience.  Happy people make a better world.