COASTAL CLASSIC CREATIONS®, A CALIFORNIA CORPORATION
TERMS AND CONDITIONS
Revised 7/18/24
Coastal Classic Creations Online ("Coastal Classic Creations Online") provides the content and services available on the website, www.CoastalClassicCreations.com ("Site"), including the Coastal Classic Creations E-List Newsletter Subscription ("E-List"), to you subject to the following Terms and Conditions, our Privacy Statement, the E-List Terms and Conditions, and other Terms and Conditions which you may find throughout our Site in connection with certain functionality, features, or promotions, as well as customer service, all of which are deemed a part of and included within these Terms and Conditions (collectively, "Terms and Conditions").
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site, nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
1. Privacy
Please review our Privacy Statement so that you may understand our privacy practices.
2. E-List Newsletter Subscription
By subscribing to our E-List Newsletter, you will be automatically subscribed to receive and you consent to receive Coastal Classic Creations® marketing emails. You may opt-out of receiving marketing emails at any time by following the instructions to "Unsubscribe" in the email and as otherwise provided in the Coastal Classic Creations Privacy Statement. If you opt-out of newsletter subscription emails, you will no longer receive emails from Coastal Classic Creations®.
3. Products and Services for Personal Use
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
4. Return Policy
At Coastal Classic Creations®, your satisfaction is important to us. However, due to ongoing concerns related to COVID-19, we are unable to accept returns.
Exchanges:
- Permitted Exchanges: Exchanges will only be considered if there was an error on our part, such as sending the wrong product. We must be notified within five (5) days of receipt of your order. Please use our Contact Us Form to notify us of the error.
- Conditions for Exchange: The product must be unused and in its original condition.
Before Purchasing:
- Review Product Information: Carefully review all product descriptions, ingredient lists, and details before placing your order.
- Ask Questions: If you have any questions or need assistance, please use our Contact Us Form before completing your purchase.
- Consult Healthcare Providers: If you have known allergies, are pregnant, or are nursing, consult with your healthcare provider to ensure our products are suitable for you.
Liability Limitations:
We are not responsible for defects resulting from:
- Negligence or misuse
- Improper care or storage
- Abnormal conditions (e.g., extreme temperature or moisture)
- Tampering or alteration of the product
5. Purchase Related Policies and Procedures
To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling), please visit our Order Assistance Page and Shipping Information page respectively.
6. Ingredient Usage and Description
Coastal Classic Creations® displays all ingredients, usage, and descriptions on the coastalclassiccreations.com website. It is the responsibility of the consumer to read this information before confirming their order. Coastal Classic Creations® products are made of very simple cosmetic formulas, however, performing a mini-patch test by applying a small amount of the product to the inner arm and waiting 24 hours to determine if a new cosmetic product is suitable for your skin is advisable. Allergies and allergens differ from individual to individual; therefore, we would recommend that, should you have any concerns regarding our ingredient deck, you consult with your healthcare professional. Purchasers will, by their own tests and evaluations, determine suitability of such products for their specific use. We assume no liability, nor will any refund, exchange, or replacements issue for damage, damage to property, and/or injury resulting from the use of the products supplied by Coastal Classic Creations®.
7. Cancellation Policy for Domestic and International Orders
We have a 24-Hour Cancellation Policy. We count 24 hours from the time a transaction received by Coastal Classic Creations® is settled. Orders canceled after 24 hours will not be refunded. Coastal Classic Creations® has the right to cancel any order placed by a customer with whom it has had a dispute concerning a prior order, or if Coastal Classic Creations® has reasonable grounds to suspect that a customer has violated our Terms and Conditions, or is engaged in fraudulent or grey market activities. Coastal Classic Creations® also has the right to refuse orders exceeding $1,000 (USD).
8. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed base on incorrect pricing or availability information.
9. Intellectual Property
All information and content available on the Site, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, button icons, images, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is our property and is protected by United States laws, including laws governing copyrights and trademarks. Except as set forth in the limited licenses in Section 10 below, or as required under applicable law, neither the Content nor any portion of the Site, may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our expressed, prior written consent.
10. Limited Licenses
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) use any meta tags, "hidden text", robots, spiders, crawlers, or other tools whether manual or automatic, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license, or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization; (c) make any use of the Site or any and/or all Content other than for personal use; (d) modify, reverse engineer, or create any derivative works based upon either the Site or any and/or all Content; (e) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (f) "stalk" or otherwise harass, including advocating harassment of another, entrap, or harm any third party including harming minors in any way; (g) intentionally violate any applicable local, state, national, or international law; (h) transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or (i) engage or make any unsolicited or unauthorized advertising, solicitation, or promotional material, including chain letters, mass maiings, or any form of "spam".
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive, controversial, or illegal, or inappropriate for any ages (as determined by our sole discretion); (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, by our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in Section 10 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
11. Your Obligations and Responsibilities
By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom, and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Coastal Classic Creations Online and Coastal Classic Creations®.
12. Your Account
Subject to the age restrictions outlined above, you may view and use many of the features of the Site without registering, including making purchases; however, in order to access and use some parts of the Site you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us at info@coastalclassiccreations.com. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password or because you fail to maintain sufficient security over your account username and/or password. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time by contacting us by email at info@coastalclassiccreations.com. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, by our sole discretion, that it would be in our best interests to do so.
13. Third Party Links
We are not responsible for the content of any third party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us of the content, product, service, or supplier. Your use and access of these third-party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of third party websites you visit.
14. Special Features, Functionality and Events
The Site may offer certain special offerings (such as "gifts" or "coupons") which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions, and (b) be offered by us. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.
15. User Content
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site in any manner, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing, and marketing products. You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate, fraudulent, or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control User Content transmitted or posted on the Site, and therefore we do not guarantee the accuracy, integrity or quality of User Content. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) by our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
16. Deletion of User Content
If you wish to delete certain of your public User Content, such as your ratings and reviews on the Site, please contact us by email at info@coastalclassiccreations.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete. We may not be able to process your deletion request if you are unable to provide thorough information to us. Please allow up to 48 hours for us to process your deletion.
17. Copyright Infringement Notice
We respect the intellectual property of others and require that users of the Site adhere to the respect of our intellectual property. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail to info@coastalclassiccreations.com and provide the following:
* A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
* Identification of the copyrighted work(s) that you claim is infringed;
* A description of the material that you claim is infringing and the location of that material on the Site;
* Your address, telephone number, and email address;
* A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner'
18. Disclaimer of Warranties and Limitation of Liability
THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. iF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
19. Indemnification
You agree to defend, indemnify, and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
20. Disputes
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of California. Any dispute relating in any way to your use of the Site, these Site Terms and Conditions shall be submitted to confidential arbitration in the State of California and you agree to submit yourself to the jurisdiction and proceedings thereof. Arbitration means that an arbitrator(s) will decide the claim and you will not have the right to sue in court or to have a judge or jury decide your claim. Your rights to prehearing exchange of information and appeals may also be limited in arbitration. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights. we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or a class member in any purported class or representative proceeding.
21. Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us using our Contact Us Form, and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 10 hereof, shall automatically terminate. We cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Statement.
22. General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. The Effective Date of the current version of these Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
DISCLAIMER
All information within this website is for educational purposes only. It is not intended to treat, cure, prevent, or diagnose any disease or condition. Information in this website is not a means of prescribing, nor should it be meant to replace the advice of a Medical Doctor. All of the products of Coastal Classic Creations®, A California Corporation, are for external use only. As the conditions or methods of use are beyond our control, we do not assume any responsibility and expressly disclaim any liability for use of products sold by Coastal Classic Creations®. Information contained herein is believed to be true and accurate, but all statements or suggestions are made without warranty, expressed or implied, regarding accuracy of the information or the results to be obtained from the use thereof.
