Store Policies

TERMS OF USE

Welcome to Tortuga Tile Works Internet Site ("Site") on the World Wide Web. Please review these Site terms of use and our policies which govern your use of and purchase of products from our Site. By accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by these terms and policies. If you do not agree to these terms and policies then please do not use this Site. Tortuga Tile Works controls and operates this Site from its offices within the United States. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the United States and the State of Florida. If you do not agree, please do not use this Site. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with any and all applicable laws, rules and/or regulations.

SITE CONTENTS, OWNERSHIP AND USE RESTRICTIONS

The information contained in this Site including all images, logos, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, service marks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Tortuga Tile Works  and is the Property of Tortuga Tile Works.  Permission is hereby granted to display, copy, distribute, download, and print in hard copy portions of this Site for the express limited purposes of: (1) placing an order with Tortuga Tile Works; or (2) using this Site as a shopping resource, provided that you do not modify the Site and that you retain all copyright and other proprietary notices contained in the Contents. Except in connection with the aforementioned express limited purposes of shopping and/or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without the express prior written permission of  Tortuga Tile Works. Please note that the permission granted herein automatically terminates upon any breach of any of the Site terms or conditions contained herein by you, your agent and/or representative. Any other use of the Contents on this Site including, but not limited to, reproduction for purposes other than those limited exceptions noted above, as well as any reproduction, modification, distribution, or republication, may violate copyright and/or trademark laws, and, without the express prior written permission of  Tortuga Tile Works, is strictly prohibited.

ABOUT OUR PRICES

The prices advertised on this Site are for Internet orders only. Prices on some items may differ from those charged at regional craft shows.  Prices and the availability of items are subject to change without notice. We reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors. All prices and availability information are subject to change without notice.

In the event that an error has occurred in quoting the pricing of any merchandise, freight or delivery charges to the Customer, Tortuga Tile Works reserves the right to change any such price to the actual applicable price that should have been initially quoted.  Tortuga Tile Works will make every reasonable attempt to notify the Customer in the event of such an error or change. 

PAYMENT TERMS

Tortuga Tile Works offers several options for payment.  Customers can pay online using Paypal money transfer, and with Visa or MC by telephone in conjunction with a signed authorization form returned by fax. Tortuga Tile Works will accept checks as a payment, but will not commence the project or ship an order until the check clears the bank.  There is a $30.00 charge for all returned checks, plus any bank fees, attorney’s fees and costs incurred by Tortuga Tile Works as a result of attempts to collect on any such returned check.

The Customer herein accepts full responsibility for payment of all invoices reflecting the purchase of any products or materials from Tortuga Tile Works including any late charges, interest, costs and attorney’s fees incurred in collecting on any such outstanding invoices. We reserve the right to assess a late fee of 1.5 % per month or the highest rate permitted by law on all unpaid balances or invoices.  Any payments received are first applied to any unpaid late fees and then to any unpaid balances. 

Order Processing

To ensure accuracy, orders submitted via e-mail or the website are preferable methods as opposed to phone orders. As such, orders received online or by e-mail will receive priority treatment.

All efforts are made to have basic quantities of items in stock.  If items are temporarily unavailable, you will be notified, and new pieces will be immediately created. However due to the process, it will take a minimum of 9 days to produce any item.  Lead times will vary depending on the size and scope of the order.  Custom orders larger than 6 square feet will need a minimum of 1 month lead time from the time of deposit/contract.

Sales Tax

For our Florida Customers, Sales Tax will be applied unless a Florida Department of Revenue Resale Tax Number Certificate is provided prior to the point of sale. The Customer’s business name must match the name identified or reflected on the Resale Tax Number Certificate.  The Customer may provide a copy of the original Tax Resale Certificate in person, via fax, e-mail or U.S. mail.  Lauderdale Balloon & Paper will not provide any tax related refunds for Resale Tax Number Certificates provided after the point of sale.

PICTURES ON WEBSITE AND IN CATALOGS

Here at Tortuga Tile Works, we continually strive to improve our product lines.  The pieces represented here are made by press molding clay into molds, firing the tiles once in a bisque kiln and a second time in a glaze kiln.  Most of the glazes are made from scratch from recipes I have collected over the years. Due to this process there may be some slight variance in color and texture in the finished piece as compared to the representative photo.  However, we strive to maintain a high level of quality and try to produce uniformity in items.

In the case of large orders or custom designs tile samples are available. Samples are complimentary if the order is placed, otherwise the samples must be returned or purchased. The Customer is responsible for return shipping costs.

HANDLING, SHIPPING COSTS AND GUARANTEES

All in stock orders are normally shipped either the same day or next day that the customer’s order is placed. We ship orders via U.P.S. ground delivery unless otherwise instructed at time of the order.  U.P.S. Next Day Air, 2nd Day Air, and 3 Day Select are also available upon request. Please note that delivery options via Air may be affected by the applicable dimensions and weight of the product(s) being shipped and may result in increased shipping costs. 

All shipping guarantees, liabilities and obligations are solely provided by and the responsibility of the shipping carrier and are in no way the obligation of Tortuga Tile Works. Any reshipments will be done via U.P.S. ground delivery unless the customer expressly requests to upgrade to a more expedient or other mode of shipping at the customer’s own expense.

Tortuga Tile Works shall exercise great caution in packaging and shipping any merchandise purchased by its Customers. Due to the fragile nature of the material, items are wrapped in bubble wrap and floated in Styrofoam peanuts requiring Tortuga Tile Works to charge a handling fee.  UPS also requires an additional special handling fee for ceramic orders, both fees are included in the customers shipping fee.

International buyers are responsible for any duties or customs fees. Shipping fees will be determined at time of purchase based on country and shipping method.

DISCLAIMER OF WARRANTY

Tortuga Tile Works believes the content of our website and catalogs to be accurate, complete and current, Tortuga Tile Works does not represent or warrant that the information accessible is accurate, complete or current.

DISCLAIMER OF LIABILITY

In no event shall Tortuga Tile Works be liable for any special, indirect, exemplary, compensatory, or consequential damages or damages of any kind, including but not limited to damages which allegedly result from the loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence or other tortuous actions, which arise out of or in connection with the use, copying, or display of the contents of this site or any information contained herein.  Please be advised that in an effort to provide our customers with the most current information, Tortuga Tile Works, will from time to time, make changes in the contents and in the products or services described on this site or in our catalogs.

RETURNS

All sales are final, however in the event of a manufacturers major defect (beyond slight glaze variations), please contact Tortuga Tile Works for a return authorization.  An RA # is required to return any product.  Please note the correct RA # on the outside of the package.  Any products returned without this number will not be accepted.  Products must be returned within 30 days of original purchase.  Returns must be accompanied by a copy of the original invoice.  Lauderdale Paper & Balloon reserves the right to refuse any returns for any reason.

SHORTAGES, DAMAGES AND MISTAKES

Please open the boxes of shipped product immediately upon arrival!!!  If boxes are damaged upon arrival, mark “damaged” on the driver’s record when you sign for same and contact Tortuga Tile Works immediately to learn how to file a claim with the shipper. As an alternative, you may also refuse to accept the shipment.  Upon opening the boxes, if there are any errors of any kind we must be notified within three (3) business days of delivery. 

You must allow us a reasonable amount of time to correct any errors found, if possible, whether your error or ours, without resorting to extraordinary shipping methods. In the event that any such error is Tortuga Tile Works’ fault, any shipping related to our attempts to remedy the problem will be via U.P.S. regular ground freight delivery.

To efficiently assist you in resolving any errors or problems associated with the merchandise received please have ready and available the following information at the time you contact us with regard to any such errors or problems:

Business name and shipping address, and all pertinent item numbers;

Additional Disclaimers

 MISCELLANEOUS TERMS

In the event that Tortuga Tile Works brings suit to enforce any of the terms contained herein, it shall be entitled to an award of the reasonable attorneys’ fees, costs and expenses it incurred in any such litigation matter if it is the prevailing party. In addition, in any suit brought to enforce or related to any of the terms contained herein, venue shall reside solely in Broward County, Florida and any such litigation shall be governed by Florida law. 

You herein agree that you shall indemnify and hold harmless Tortuga Tile Works and its employees and agents from and against any and all third-party claims, liabilities, losses or damages (including reasonable attorneys’ fees, expenses, costs and/or costs of settlement) arising out of or with respect to any of the terms contained herein to the extent that the claim, liability, loss or damage is caused by, relates to or arises out of your breach of any of the terms or obligations contained herein. 

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