Terms & Conditions
All purchases of services or products through ButlerStatue.com are governed by our Terms of Sale Agreement. Please read it carefully before making a purchase. If you do not wish to accept our Terms of Sale, please do not purchase any services or products through our site. (When we refer to "ButlerStatue.com," "we," or "our" such references include ButlerStatue.com and our affiliated companies.)
When you click on the "SUBMIT" or similar button on a product or service
screen, you agree to purchase the products and services indicated, in
accordance with the terms and conditions included on the relevant screens,
and in accordance with this agreement.
Payment of the purchase price for goods and/or services (Merchandise)
acquired from Butler Statue or any of its shall be made pursuant to the
terms set forth on each invoice, and the Customer agrees to pay all
charges in accordance with the payment terms established in said invoice.
The entire outstanding balance due to
on all invoices shall become due in full immediately upon default in the
payment of any invoice. Default is defined as failure to pay pursuant to
the terms of the invoice. Customer agrees to pay a $30.00 handling charge
for each non-sufficient funds or returned check to
If Customer breaches any provision of this Agreement, including, without
limitation, its payment obligation, Customer shall be in default
hereunder, and all unpaid amounts shall become immediately due and
payable. Upon Customer''s default
shall have all the rights and remedies of a secured party under the
Uniform Commercial Code, and any other applicable laws.
Butler Statue shall be entitled to recover reasonable attorney''s fees,
late fees, interest fees, court costs and costs of collection associated
with enforcing its rights hereunder.
WAIVER AND LIMITATION OF LIABILITY
You hereby acknowledge that the warranty provided herein and the
accompanying obligations and liabilities of Butler Statue (ButlerStatue.com)
are exclusive and you hereby waive all other remedies, warranties,
guarantees or liabilities, express or implied, arising by law or
otherwise, whether or not occasioned by the negligence of Butler Statue (ButlerStatue.com). You acknowledge by your use of
Butler Statue'' (ButlerStatue.com) products that your
use of the products and any reliance upon them is at your sole risk, and
that you assume full responsibility for all costs associated with all
necessary servicing or repairs of any equipment you use in connection with
Butler Statue'' (ButlerStatue.com) products.
Butler Statue (ButlerStatue.com) HAS PRICED ITS
PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE
(ButlerStatue.com) WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY
FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR
INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF
COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT
LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN
CONNECTION WITH ANY PRODUCT AND/OR ITS USE.
Follow all instructions and heed all warnings accompanying any product
ordered from the Site.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A
CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST Butler Statue
(ButlerStatue.com) ARISING OUT OF YOUR PURCHASE OR USE OF
PRODUCTS ORDERED VIA THE SITE.
After you place an order by means of this site, you should receive an
email acknowledgment within one business day to confirm that Butler Statue
(ButlerStatue.com) has accepted your order and is processing it.
The email will contain the details of your order, the itemized and total
amounts that will be billed to your credit card, including all applicable
taxes and other charges. Please review this receipt carefully to confirm
that we properly understood your order.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS
(ButlerStatue.com) FROM AND AGAINST ANY AND ALL CLAIMS,
DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR
RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.
Shipping & Return Policy
SHIPPING TIMELINE - We value our customers at ButlerStatue.com and our commitment to deliver quality products to you is our priority. In order to provide our customers with the best value and fastest shipping results, we stock most of our items. Upon receipt of your payment, we will re-inspect your item, repackage it if needed to guarantee safe shipping, and ship it with in 1 to 3 business days (Rush Season and large order may take longer). If we do not have the item available in stock then please allow 6-8 weeks for delivery. Some special order items might take longer.
MONEY BACK GUARANTEE- If within 5 days of receiving your product you are not completely satisfied, email us or call us and we will issue a Return Merchandize Authorization (RMA) number. You can then return the product to us in the same condition we shipped it and we will promptly refund your full purchase price less shipping cost. Shipping and special order merchandise are non-refundable. A 20% Restocking Fee applies to all returns.
DAMAGED SHIPMENT -
After Receiving Your Order
Butler Statue ships all products in the most robust possible packaging, and selects the most appropriate shipping carrier based on the items ordered. However, sometimes breakage may occur due to carrier mishandling while in transit to you. Should this happen, we will require at least two clear pictures of any damages to be either mailed or e-mailed to our customer service team (info@ButlerStatue.com) as evidence for any claim we may make against the freight carrier, and as a requirement to receive credit or replacement merchandise. This claim must be filed within 2 calendar days of receipt of the merchandise. Butler Statue reserves the right to replace damaged merchandise within 30 calendar days of notification by the customer. If a replacement item is available for shipping within that time period then a refund cannot be issued. If no replacement is available, the damaged item(s) will be refunded in full.
DAMAGED SHIPMENT For Items Shipped Via Freight Truck:
delivery, please be sure and inspect all packages carefully
before the driver leaves and
prior to signing any delivery paperwork.
The paperwork from the driver
states the merchandise was received in good condition.
If you feel there might be damages of any kind, please note that on the driver''s paperwork at the time of delivery and if possible refuse the shipment. Although every shipment is insured 100%, the delivery company will ONLY honor the claim if the damages are notated on the delivery receipt. Signing the delivery receipt without notating any damages waves your right to any claim or compensation from us or the delivery company.
Any external evidence of loss or damage that occurred during transit is considered visible loss or damage and must be noted on the delivery receipt. Failure to adequately describe the visible loss or damage will result in the carrier refusing to honor the freight claim therefore waiving your right for any compensation by the freight company and Butler Statue.
DAMAGED SHIPMENT For
Items shipped via ground services like
Cancellations and Returns
1. If an order is cancelled prior to shipment, payment will be fully refunded minus a 5% credit card processing fee. This is necessary to cover our costs incurred by the credit card processing agencies, which are non-reversible. Orders cancelled that were paid by cash or check will not incur this charge. Note that we consider your product to be "shipped" when it has been picked up from our warehouse by the freight carrier. After products are considered shipped, cancellations are treated as returns as described below.
2. All returns require a Return Merchandise Authorization (RMA) from our Customer Service Department. Please e-mail us at info@ButlerStatue.com to obtain an RMA. No returns will be accepted or any credit granted without an RMA. To provide any credit or replacement units we must first have a chance to receive and completely inspect your return.
3. All claims for non-damaged returns must be made within 5 calendar days of receipt of merchandise, and only apply to merchandise in perfect (as-shipped) condition and in the original, undamaged packaging. Shipping charges on returns shall be the responsibility of the customer and all returned items must be returned in "new" or "like new" condition, in undamaged original manufacturer''s packaging and crating materials when applicable and with all original product manuals and instructions. Items that have been partially or completely installed and/or assembled cannot be returned. After the product is received, inspected and verified to be in "like new" condition, a full refund will be provided on the product purchase price minus any original shipping charges and any return shipping charges and minus a 20% restocking/re-handling charge. For products sold with "Free Shipping" or "Flat Rate Shipping" the actual freight cost to originally ship the product to and from your ship-to address will be deducted from your refund.
4. All claims for returns, damages or any other reason MUST BE MADE BY E-MAIL to info@ButlerStatue.com. The reason for the return must be clearly stated in the e-mail. Before taking any action you must have received a response from Butler Statue, with an RMA number. All shipments sent to Butler Statue without an RMA (Return Merchandise Authorization) number will be refused and the associated charges will be the sole responsibility of the sender.
5. All returned items must be returned in the condition in which they were received, in undamaged original manufacturer''s packaging, and crating materials when applicable, and with all original product manuals and instructions. After the product is received, inspected and verified to be in "as claimed" condition, a full refund will be provided on the product purchase.
6. If you refuse an item delivered by a commercial freight company for any reason other than externally visible damaged merchandise or a shipping error by us, the item shall be treated as a return and charges described in Section 3 above shall be applied. Any additional freight carrier charges shall be billed to you.
7. Please note that custom orders may not be returned. If such products are damaged in shipment, we will assist you with freight claims, or if a product is found to have a manufacturing defect it will be repaired or replaced based on manufacturer''s warranty policies.
8. Items being returned must ALWAYS be sent via ground transportation, insured by the sender. The sender is responsible for arranging the shipping carrier and pick-up for delivery back to Butler Statue, unless the return is due to no fault of the sender (for example, damaged merchandise or wrong item received) Shipping charges for items that are sent back by any means other than ground transportation (cheapest available) will be the responsibility of the sender minus the cost of the ground freight charge. This includes when the item is being returned at our expense it must be sent cheapest method possible.
When receiving your shipment it is important to do the following:
1. We use Roadway or other freight carrier for our deliveries. In some cases (larger orders) your shipment may consist of a number of individual boxes placed on a single pallet. We offer only curbside delivery unless specifically requested by the customer. The pallet may need to be separated to be unloaded. Unless specifically requested, no truck lift-gate service is ordered for delivery. Please note that you may need to have at least one other person to help the driver with unloading. If you do require additional unloading help or lift-gate services from the carrier, you may contact the freight carrier directly to request such service, however any additional charges for custom unloading are to be your responsibility.
2. Count all pieces of your freight. Ensure that all pieces are accounted for.
3. Check shipment for any visible damage to containers. If the boxes are dented, crushed, scratched, punctured, or cut it is very important to mark this on the bill of lading. If there is a possibility of damage it may be necessary to open the box and mark the actual damage on the bill of lading. It is important to be specific.
4. Due to the nature of the products we sell, boxes that have been dropped may not show obvious signs of external damage. This is very unusual, but could happen. You may want to open these specific boxes before the driver leaves to ensure that the contents do not have concealed damage. The driver may refuse to allow you the time to open specific boxes - if this is the case, open the boxes as soon as possible, but not later than 3 business days after the delivery, to inspect for damage. If we need to replace a damaged item it is in your best interest to contact us immediately, so we dont sell out of this item during the time you waited to report the issue. If the item is no longer available, customer service will assist you to make alternative arrangements, or arrange a refund.
Refusing a Freight Shipment & Freight Carrier Fees
If the shipment is damaged and unusable, it may be necessary to refuse part or all of the order. Call our shipping department at (214)-614-8176 before refusing any shipment. Butler Statue will assist in filing a freight claim for damaged freight if the carrier is our normal in-house carrier. If the carrier was chosen by the consignee then it will be the responsibility of the consignee to file such a claim.
Refusing a freight shipment for any reason other than visible damage is considered merchandise return and is subject to our return policy.
Should a shipment arrive with damages caused by the carrier, the carrier will return the merchandise "Dead Head" at no cost to either party. Do not attempt to return any shipment back to Butler Statue without prior authorization from Butler Statue. Please review the Butler Statue Return Policy for additional information.
Please note that any additional freight carrier''s fees such as re-delivery, special notification, storage due to lack of response to appointment requests and lift-gate services are the responsibility of the customer (unless otherwise noted on your order). Butler Statue is only responsible for curbside delivery. Butler Statue will pay the basic delivery charges to the curb only. If other services, such as in-home delivery services are requested by the customer and billed to Butler Statue, all such fees shall then be re-billed to your credit card. If the freight carrier is unable to deliver the freight due to problems with contacting you or setting up delivery appointments, storage fees may be assessed by the carrier in such case all storage fees are the responsibility of the customer and shall be billed to your credit card.
We must stress that you should NOT pre-book contractors, plumbers or carry out any preparatory work on your bathroom or any space until all of your products have arrived and been fully checked for damages and accuracy. Butler Statue will not accept any liability whatsoever for any losses accruing from any and all preparatory work or from any contractor or plumber.
International Freight Charges, Customs Duty and Broker Fees for Canada, Australia and Europe
We gladly ship to many countries outside of the
PLEASE NOTE - Each of our items is carefully handmade by artisans and skilled craftsmen; therefore, variations in finishes, castings, dimensions, symmetry, color and detailing are anticipated and expected. We cannot be held responsible for manufacture error or unexpected detail.