fonga donga

 

Privacy Policy

fonga donga LLC is committed to ensuring the privacy and security of our customers. We will not share or sell your information outside of fonga donga and our business partners.

This Privacy policy explains our policies for the collection and use of information as it relates to your interaction with our website.

Visiting Our Site

When you visit the fonga donga website, our web server automatically recognizes your domain name when possible. We collect user-specific information about the pages you visit as well as any personal information you volunteer while visiting our site.

fonga donga collects this information in an effort to improve the content of our website and your overall experience. We may also use this information to notify you about updates to our website, special offers or upcoming events. If you do not want to receive promotional emails from fonga donga, you can opt out anytime by requesting to opt out in an email to sales@fongadonga.com or by calling us at 650.947.4863.

Cookies

As mentioned above, we collect information from your visits to our web site to help us gather statistics about our web site usage and effectiveness, personalize your experience on our site, and tailor our interactions with you.

We do so through the use of a technology called "cookies". A cookie is a piece of data that a web site can send to your browser, which may then be stored on your computer as a tag that identifies your computer. While cookies are often only used to measure web site usage and effectiveness and to allow for ease of navigation or use and as such, are not associated with any personal information, they are also used at times to personalize a known visitor’s experience to a web site by being associated with profile information or user preferences. You can set your browser in most instances to notify you before you receive a cookie, giving you the chance to decide whether to accept it or not. You can also generally set your browser to turn off cookies. Since cookies allow you to take advantage of some of our web site’s features, we recommend that you leave them turned on. If you block or otherwise reject our cookies, you will not be able, for instance, to add items to your shopping cart, proceed to checkout, or use any web site services that require you to sign in.

Some of our business partners set cookies on our site. We have no access or control of these third party tracking technologies.

Shopping on Our Website

If you order a product from us, fonga donga’s credit card processor will securely handle your payment information. fonga donga does not share any customer information with any third parties except for fulfilling an order.

If you supply us with your telephone number or email address online, you may receive a customer service call regarding an order you placed. We will not call you for any marketing or promotional purposes.

Information Security and Accuracy

We intend to protect your personal information and to maintain its accuracy. fonga donga implements reasonable physical, administrative and technical safeguards to help us protect your personal information from unauthorized access, use and disclosure. fonga donga does not handle or process certain sensitive personal information such as credit card information which is sent directly over the Internet to our credit card processor.

If you find that certain information about you that is stored by fonga donga and which is incorrect, you can contact us at sales@fongadonga.com and request that we correct that information. Before we are able to provide you with any information or correct any inaccuracies, we may ask you to verify your identity and provide other details to help us respond to your request. We will contact you within 15 days of your request.

Terms & Conditions of Sale

Prices

All product prices are FOB Los Altos, California, USA. Prices are subject to change without notice. All product sales are final with no refunds or exchanges.

Payment Terms

Fifty percent (50%) of the order total is due upon acceptance by fonga donga LLC. The balance of the order total is due prior to shipment. Overdue balances will accrue interest at the lesser of eighteen percent (18%) annual interest or the highest rate legally permissible.

For any outstanding balance, the customer will be liable for any costs incurred in attempting collection of past due amounts, including collection and/or attorney's fees.

Order Acknowledgement

Order acknowledgement will be made for each order which indicates final production specifications and point of delivery. For products that do not include shipping in their list prices, shipping and handling charges will be calculated and prepaid by fonga donga LLC, and added to the final order total in the order acknowledgement. Customers should check this acknowledgement to ensure that all order details are correct. Orders will not be acknowledged or entered for production until all specification information is complete. Accepted orders are subject to the terms and conditions set forth herein, and on our acknowledgement. Upon final acceptance of the order by the factory, orders will be scheduled for production.

Order Changes/Modifications

fonga donga LLC must approve any order changes and/or modifications to acknowledged orders. Additions or modifications to acknowledged orders may be subject to rescheduling of said order. We will use commercially reasonable efforts to meet our quoted shipping dates; however, failure to do so does not justify order cancellation.

Delivery Information

All products are shipped FOB Los Altos, California, freight prepaid and allowed to a single destination. Title to the product passes from fonga donga LLC to the customer upon receipt of the product by the transportation company. The customer bears risk of loss or damage during shipment through final delivery. For select products, shipping to retail customers includes inside delivery to the ground floor room of your choice, setup (no drilling, plumbing, or electrical work), and shipping crate removal. For other products and for shipments to the trade, shipping is for normal delivery only and does not include inside delivery, setup, uncrating, or removal of shipping packaging. Should fonga donga LLC incur additional shipping charges after initial billing due to delivery issues (such as no dock, re-delivery, etc.), the customer shall be liable for those additional charges.

Shipment Packaging and Crating

Continental US Shipments — All fonga donga LLC product is packaged for shipping on commercial carriers. Products may be cartoned, crated, or blanket-wrapped as determined by fonga donga LLC.

Overseas Shipments — Customer should specify that products will be shipped outside of the continental United States to obtain special packaging and/or crating for export.A 5% upcharge to net prices will be assessed for this service. If it is possible to combine items into larger crates, this will be considered. Contact fonga donga Sales to verify quotes for exported products.The customer is responsible for all customs fees and duties.

Shipping Methods

Unless complete instructions as to shipping method and routing are stipulated by the customer, ?fonga donga LLC will ship by what is in its opinion, the best way. Product may be delivered at one time or in partial shipments from time-to-time. All items are shipped strictly according to freight regulations. Shipping is for normal delivery only and does not include inside delivery, installation, uncartoning, or removal of shipping packaging.

fonga donga LLC is not liable for any delays or failure to deliver or perform due to fires, floods, earthquakes, accidents, transportation difficulties, failure or delay of sources of supply, acts of God, or any other causes of like or unlike nature beyond fonga donga’s control.

Shipping Claims

Commercially reasonable care is used in packing and shipping. All products are delivered to the transportation company in good condition. Our liability ends when the carrier issues a clear receipt to fonga donga, which is an acknowledgement by the transportation company that the shipment has been received by them in good condition. Examine product carefully before giving the transportation company a clear receipt.

Do not refuse product damaged in transit. Keep product in original shipping box or container for inspection by carrier. If the product is not delivered in good condition and in accordance with quantity called for by the bill of lading, insist on the carrier making notations on the delivery receipt and the original freight bill as to damage or shortage before accepting shipment. If the shipment is in apparent good condition but upon opening product is found damaged or short, unpacking should be stopped and an inspector of the transportation company should be called to examine the shipment and indicate on the delivery receipt the exact condition of the shipment. Do not give the carrier a clear receipt for cartons appearing to be damaged.

If the product arrives damaged or missing components, you should immediately file a claim with the delivery carrier. Failure to make any claim of shipment damage and/or shortage against fonga donga LLC or its designated carrier within ten (10) calendar days of original delivery shall constitute acceptance of the product and a waiver of any defects, errors, or shortages discovered upon inspection.

Limited Warranty

FOR PRODUCTS SOLD, SUBJECT TO THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH BELOW, (WHICH ARE EXPRESSLY INCORPORATED HEREIN), FONGA DONGA LLC WARRANTS ITS PRODUCTS TO BE FREE FROM DEFECTS IN WORKMANSHIP AND MATERIALS FOR A PERIOD OF TWO (2) CALENDAR YEARS AFTER THE DATE OF ORIGINAL SHIPMENT (THE “WARRANTY PERIOD”), PROVIDED THAT THE PRODUCT IS USED IN THE MANNER AND UNDER THE CONDITIONS FOR WHICH IT IS DESIGNED.

Limitation of Liability

  1. 1) This warranty shall apply only if (i) customer notifies fonga donga in writing of the claimed defect within 30 calendar days of discovery; (ii) customer discovers the claimed defect within the Warranty Period; (iii) customer allows fonga donga to inspect the product claimed to be defective; and (iv) fonga donga or its representative confirms the defect in writing to customer. In no event may that notification be received by fonga donga later than 25 months from the date of delivery.
  2. 2) This warranty extends only to defects in materials and workmanship which occur during “normal use and service”. “Normal use and service” means that the product will be used in a typical home or single shift office environment where a single shift is defined as eight (8) hours per day for five (5) days per week.
  3. 3) This warranty does not include normal wear and tear that may occur during “normal use and service.”
  4. 4) This warranty does not include (a) defects caused by failure to maintain products in accordance with instructions or by accidentally damage; (b) defects attributable in any way to installation, modification, cleaning, or repair made by any party other than fonga donga; (c) defects due to user modification, attachments to a product, misuse, abuse, alteration or negligent use; or (d) mishandling, accident, fire, lightning, other hazards whether natural or man-made, or shipment.
  5. 5) This warranty does not apply to defects caused by customer or third party modifications or repairs done without fonga donga LLC’s prior written approval;
  6. 6) This warranty does not apply to defects caused when customer fails to take prompt and reasonable steps to prevent a defect from becoming more serious after the initial discovery.
  7. 7) Repairs in the field by someone other than fonga donga or a fonga donga authorized repair person will be warranted by the person or company making that repair, not fonga donga.
  8. 8) Materials:
    • a) fonga donga LLC guarantees upholstered products only to be free from defects and that the upholstery is tailored according to product specifications.fonga donga offers no warranty, either implied or expressed, on any fabrics or leathers. Fabrics and leathers carry warranties from the fabric manufacturer or reseller, and most contract fabrics and leathers have only a one to two year warranty period. Please refer to each Reseller’s warranties for specifics. Because every fabric specification is different and application and use must be taken into consideration, fonga donga shall not be held responsible in any manner for wrong specification of fabric, and fonga donga does not guarantee specified fabric for tailoring, wear, durability, or light fastness. fonga donga makes no warranty of any kind with respect to customer’s own materials or non-standard materials selected by and used at the request of the customer.
    • b) Variations in grain, color, marks, scars, texture and pattern of wood, leather and textiles may occur as a result of nature, dye lot, exposure to light, and aging. fonga donga makes no warranty with respect to matching of grain, textures, pattern or colors of such materials, including an exact match to wood chips, color samples, or swatch cards.
    • c) The fonga donga outdoor products and mailboxes are approved for outdoor use. The formation of rust and/or corrosion on these products due to outdoor use does not constitute a defect in materials and workmanship, and is not covered under this warranty.
    • d) Consumable or high wear materials and devices, such as but not limited to light sources, pneumatic cylinders, tilting mechanisms, casters, power supplies and certain other electronic elements are not covered under this warranty.
  9. 9) Custom or non-standard products are not covered under this warranty.

Disclaimer of Warranty and Limitation of Remedies

THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL FONGA DONGA BE LIABLE FOR ANY SPECIAL INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. DAMAGES THAT FONGA DONGA WILL NOT BE RESPONSIBLE FOR INCLUDE BUT ARE NOT LIMITED TO: LOSS OF PROFITS; LOSS OF SAVINGS OR REVENUE; ANY OTHER FINANCIAL LOSS; LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT; COST OF CAPITAL; COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES, OR SERVICES; DOWNTIME; INCONVENIENCE; LOSS OF GOOD WILL; CLAIMS BY CUSTOMER OR THIRD PARTIES FOR INJURY TO PROPERTY.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

THE FOREGOING LIMITED WARRANTY AND REMEDY ARE EXCLUSIVE AND MADE ONLY TO THE ORIGINAL CUSTOMER. FONGA DONGA MAKES NO OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THERE IS NO WARRANTY FOR INTERNATIONAL USE OR PURCHASES.

Warranty Claims

During the Warranty Period, if a fonga donga product does not conform to this limited warranty, the customer’s sole and exclusive remedy against fonga donga arising out of or in connection with any claimed defect in any Goods sold hereunder, whether based upon contract, strict liability or negligence, and whether for personal injury, commercial loss, or other monetary loss, shall be at fonga donga LLC’s option and sole discretion, is one of the following:

  • (a) Repair of the defective component or product,
  • (b) Replacement of the defective component or product, or
  • (c) Refund of the original purchase price paid for the defective product upon return of the defective product to fonga donga.

To obtain performance of this Limited Warranty, the customer should contact in writing the authorized fonga donga dealer or reseller who sold the product to the customer, and mail its written warranty claim to: Customer Service Department, fonga donga LLC, PO Box 3460, Los Altos, CA 94024 TEL: (650) 947-4863, FAX: (650) 947-4863, E-mail: support@fongadonga.com

Arbitration of Disputes

Any controversy, claim or dispute between the customer and fonga donga, directly or indirectly, concerning this warranty, fonga donga’s obligations under this warranty, or the breach hereof, shall be fully and finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The governing law of this warranty and any arbitration held hereunder shall be the substantive law of Santa Clara County, California, USA. Such arbitration shall be held in Santa Clara County, California, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The costs and expenses payable to the American Arbitration Association for such arbitration shall be paid by the losing party as determined by the arbitrator.

No Other Warranties and Allocation Risks

Unless modified in writing signed by both parties, this agreement is understood to be the complete and exclusive agreement between the parties, superseding all oral or written prior agreements and all other communications between the parties relating to the subject matter of this agreement, including statements made by salespersons. No employee of fonga donga LLC or any other party is authorized to make any warranty in addition to those made in this agreement. The customer is warned, therefore, to check this agreement carefully to see that it correctly reflects those terms that are important to the customer.

This agreement allocates the risks of product failure between fonga donga and the customer. This allocation is recognized by both parties and is reflected in the price of the products. The customer acknowledges that it has read this agreement, understands it, and is bound by its terms.

Repair Charges

All outside factory repair charges must be pre-authorized in writing by fonga donga LLC if repair is due to factory defect.

Returned Product

Do not return any product without written permission from fonga donga LLC. Only warranted product will be considered.

Product Designs and Specifications

The products shown on our website, in our catalogs and price lists are, and remain, fonga donga LLC’s property. We reserve the exclusive right to manufacture the models shown. Weights and measurements are approximate. We reserve the right to make changes in price, dimensions, design and/or construction without prior notice.

Patents

Certain fonga donga design and mechanical/utility features are protected under patents, either issued or pending.

Website Terms of Use

Overview

The following are the terms and conditions of a legal agreement between you and fonga donga. By using this website, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions and to comply with all applicable laws and regulations. If you do not agree to these terms, you may not access or otherwise use this website.

fonga donga may, without notice to you, at any time revise these Terms of Use and any other information contained in this web site. fonga donga may also make improvements or changes in the products, services, or programs described in this site at any time without notice to you.

General

This website contains trademark notices and copyright information, the terms of which must be observed and followed.  This site is Copyright 2011 fonga donga LLC.

This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without fonga donga's prior written consent, except that fonga donga grants you non-exclusive, non-transferable, limited permission to access and display the web pages within this site, solely on your computer and for your personal, non-commercial use of this website. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright and trademark notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice. Except for the limited permission in the preceding paragraph, fonga donga does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another web site or in any other media.

Certain disclaimers

Information on this website is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. fonga donga assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

fonga donga provides no assurances that any reported problems will be resolved by fonga donga, even if fonga donga elects to provide information with the goal of addressing a problem.

Business relationships

This website may provide links or references to non- fonga donga web sites and resources. fonga donga makes no representations, warranties, or other commitments whatsoever about any non-fonga donga websites or third-party resources that may be referenced, accessible from, or linked to any fonga donga site. A link to a non- fonga donga web site does not mean that fonga donga endorses the content or use of such website or its owner. In addition, fonga donga is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a fonga donga site. Accordingly, you acknowledge and agree that fonga donga is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-fonga donga website, even one that may contain the fonga donga logo, please understand that it is independent from fonga donga, and that fonga donga does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this site

All links to this website must be approved in writing by fonga donga, except that fonga donga consents to links in which the link and the pages that are activated by the link do not:

  • (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site;
  • (b) misrepresent your relationship with fonga donga;
  • (c) imply that fonga donga approves or endorses you, your website, or your service or product offerings; and
  • (d) present false or misleading impressions about fonga donga or otherwise damage the goodwill associated with the fonga donga name or trademarks. As a further condition to being permitted to link to this site, you agree that fonga donga may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any fonga donga trademark.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. FONGA DONGA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, FONGA DONGA MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FONGA DONGA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF FONGA DONGA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional or different terms, conditions, and notices may apply to specific products and services offered through this web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.