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.
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 A Friend in the Islands. The collective work includes works that are licensed to A Friend in the Islands. Copyright 1999-2012, A Friend in the Islands 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 A Friend in the Islands or purchasing A Friend in the Islands 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 A Friend in the Islands or to purchase A Friend in the Islands 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 A Friend in the Islands. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of A Friend in the Islands used in the site are trademarks or registered trademarks of A Friend in the Islands
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, A Friend in the Islands disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. A Friend in the Islands 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. A Friend in the Islands 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
A Friend in the Islands 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 A Friend in the Islands 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.
In the event that a A Friend in the Islands product is mistakenly listed at an incorrect price, A Friend in the Islands reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. A Friend in the Islands reserves the right to refuse or cancel any such orders 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, A Friend in the Islands shall issue a credit to your credit card account in the amount of the incorrect price.
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 A Friend in the Islands 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.
A Friend in the Islands 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 A Friend in the Islands.
Your use of this site shall be governed in all respects by the laws of the state of California, 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 A Friend in the Islands products) shall be in the state or federal courts located in Honolulu County, Hawaii. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of A Friend in the Islands products) must be commenced within one (1) year after the claim or cause of action arises. A Friend in the Islands'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. A Friend in the Islands 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 A Friend in the Islands 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.
A Friend in the Islands 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, A Friend in the Islands 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, A Friend in the Islands 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 A Friend in the Islands in its sole discretion.
You agree to indemnify, defend, and hold harmless A Friend in the Islands, 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.
In an attempt to provide increased value to our visitors, A Friend in the Islands may link to sites operated by third parties. However, even if the third party is affiliated with A Friend in the Islands, A Friend in the Islands has no control over these linked sites, all of which have separate privacy and data collection practices, independent of A Friend in the Islands. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, A Friend in the Islands 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).
ISLAND GIFT SHOP SHIPPING & RETURN POLICIES
You must agree to the shipping and return policies below to place an order with our services for island products. By placing your order with our services you are agreeing to our policies.
ENJOY HAWAIIAN TREASURES IN JUST DAYS!
We will send you an email order confirmation once your order has been reviewed, typically within 24 hours. Orders are subject to product availability. If an item is out of stock you will be notified and given the option to cancel your order or wait until the item is available. Prices and products are subject to change.
PAYMENT BY CREDIT CARD
Orders paid by credit card are typically mailed within 48 hours as long as items are in stock, unless a future delivery date is requested.
PAYMENT BY CHECK
We do not accept payment by check. Payment is only accepted using a Mastercard, Visa, or American Express.
We only ship within the USA. Prices posted our Island Gift Shop include shipping within the USA by US Postal Service Priority Mail with delivery confirmation unless other wise noted. Orders are typically received within 7-10 days for delivery from the time of ordering. Please note USPS Priority Mail is not a service that the US Postal Service guarantees a specific delivery time on.
ORDERS FOR HEAT SENSITIVE ITEMS LIKE CHOCOLATES AND CANDIES
Please note heat sensitive items like, those coated in chocolate, may arrive slightly melted. This DOES NOT effect the taste of the product. To reharden melted chocolates we recommend refrigerating for an hour. PURCHASING ITEMS WITH CHOCOLATES IS A FINAL SALE. ABSOLUTELY NO RETURNS, REFUNDS, OR EXCHANGES will be given for heat sensitive items which arrive melted since this is beyond our control. We will only ship them at your own risk.
ORDERS PLANT CUTTINGS AND SEEDS
Plant cuttings and seeds to grow plants found in Hawaii are a final sale once shipped due to they are perishable items. Our plant cuttings and seeds are rotated on a weekly basis so that our customers get the freshest cuttings and seeds possible for the best growing results. They are shipped at your own risk and we do not offer any refunds or exchanges or replacements if your plant cuttings or seeds do not grow. The manufacturer of the cuttings and seeds provides growing tips on the package as well as we also provide growing tips at www.alohafriends.com/tropical_flowers_tips.html
ORDERS FOR FOREVER LEIS AND ACCESSORIES
Silk leis and silk accessories are sprayed with a fire retardant which also helps to keep the flower edges from fraying. It is not recommended that silk flower leis and accessories be washed. Forever leis and accessories can be returned within 30 days of receipt at your own expense as long as they are returned in UNWORN resellable condition. The refund would be the cost of the unworn leis returned minus the cost of the shipping to send the order. Forever leis and accessories which have been worn and/or washed will not be accepted as returns. Any forever leis or accessories that are attempted to be returned in a worn or washed condition will be returned back to you at your own expense.
IF YOU DO NOT RECEIVE YOUR ORDER WITHIN 10 DAYS OF ORDERING
Orders ship by US Postal Service Priority Mail which should arrive within 7-10 days anywhere in the USA once shipped. If you do not receive your order within 10 days from the date you submitted your order then we request you notify us by email at firstname.lastname@example.org.
We ship with delivery confirmation and are able to verify if it is still in transit or if we need to file a missing package claim. We have been advised by the US Postal Service that if a package shipped by US Postal Service Priority Mail still shows in transit after 10 days we must wait 30 days before filing a missing package claim just in case they miss-sorted the package. You will not be responsible for any costs if the Post Office does not have confirmation of delivery of the package. If the delivery confirmation shows your package was delivered you will need to file a missing package claim with your local post office since they show it was delivered. Stealing US Mail is a Federal crime and if a package is stolen a US Postal Inspector will be assigned to investigate the theft. A refund would only be provided upon the completion of the investigation done by the Postal Inspector and if they determine the package was stolen.
Although we can't imagine anyone wanting to return treasures from Hawaii but if your item is not as you expected it may be returned at your expense within 30 days of receipt. The item(s) being returned must be unused, unopened, re-sellable condition. You will be refunded the purchase price minus the actual cost of shipping to originally send it.
Refunds can be sent to:
A Friend in the Islands
PO Box 700082
Kapolei, HI 96709-0082
If you have any questions about our products or policies that have not been answered you may contact us by: