Last updated: October 2, 2020
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR PURCHASING ANY OF OUR PRODUCTS
INTRODUCTION
Welcome to chelsearosebeauty.com (“Site”). This Site is owned and operated by Chelsea Rose Beauty (“we”, “us” and “our”). This page explains our legal relationship with all Site users, visitors, customers, clients, and all other users of the Site (“user”, “you” and “your”).
You must accept these terms and conditions (“Terms”) to use our Site, or purchase or use materials made available to you through this Site including, bridal accessories, guides, videos, workshops, programs, blog, templates, and services (“Products”).
HOW DO YOU ACCEPT THESE TERMS?
By using our Site (even if you don’t buy any items), purchasing or using any Products, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you may not use our Site or Products. Please review our Privacy Policy at www.chelsearosebeauty.com/privacy-policy.
In order to agree to these Terms, you need (a) to be 18 or older and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
CHANGES TO THESE TERMS
We may make changes to these Terms, and any changes will be effective immediately when posted. If we make changes, we will notify you by revising the date at the top of these Terms. Any changes to these Terms will apply to all new orders placed after the change is published on the Site.
Your continued use of this Site, after any changes have been made to the Terms indicates that you have read, understood and agreed to the current version of the Terms.
HOW TO CONTACT US
If you have any questions, please don’t hesitate to contact us at shop@chelsearosebeauty.com.
USER ACCOUNT CREATION AND RESPONSIBILITIES
To place orders and access some features of the Site or Products, you may be required to create an account by giving us information such as your name, email address and address. You may also be required to create a username and password. You agree to fully and accurately provide the information requested when you create your account and to regularly update such information. You further agree to not use your account for any inappropriate or unlawful use. You are responsible for any activities or actions that occur on your account and may be held liable for any losses arising out of such a failure so keep your password secure.
ONLINE SALES AND PURCHASES
This section only applies to the sale and purchase of Products through our Site.
PLACING AN ORDER
When you place an order, you are making an offer to purchase the Products listed in your order. We are not obligated to sell the Products to you until we accept your offer.
We may choose not to accept your order. For example, we may not accept your order if:
• The product is out of stock.
• Your payment is not authorized.
• There is an error on our Site regarding price or other details.
• You have canceled your order.
We reserve the right to refuse any order. If we are unable to accept your order, you will be notified as soon as possible.
ORDER ACCEPTANCE
When you place an order, you will receive an order confirmation email: this email will only be an acknowledgment that your order has been placed and will not constitute acceptance of your offer. A contract between you and us will not be formed until we accept your offer by sending you a delivery confirmation email that the Products you have ordered have been dispatched to you. Only those Products listed in the delivery confirmation email sent at the time of dispatch will be included in the contract formed.
Please note that payment must be received by us before we accept an order. We will not send or provide Products until we have authorization from your payment card issuer.
PAYMENT
When you place an order, you authorize us to automatically charge the credit card on file upon order placement. We accept credit card payment through Stripe or other secure online payment processors. We never learn or store your credit card information. The payment processor does share your name, address, and email with us.
You represent and warrant that (a) the credit card information or other payment method information you provide to us is accurate and complete, and (b) you are authorized to use such credit card or payment method for the purchase. If any payment is insufficient or declined for any reason, we may revoke your access to the Products without refund.
If you have signed up for a payment plan, you hereby authorize our continued access to your payment information stored by the payment processor until your payment plan is complete.
PRICING, DESCRIPTIONS, AVAILABILITY, AND CHANGES
All pricing, descriptions and availability of the Products are subject to change at any time.
Pricing, Taxes, Shipping and Processing Charges
For each Product you order, you agree to pay the price in effect at the time you place your order. The prices listed are in U.S. dollars and do not include taxes, or shipping and processing charges. Applicable taxes and charges, if any, will be added to the total price of your purchase. You will be able to review such taxes and charges during the checkout process before finalizing your order.
Descriptions
Images of Products or their packaging on the Site are intended as a guide and the actual Product or packaging may differ slightly in some respects. We cannot guarantee that your device’s display of any color will be accurate.
Availability
Although the availability of a Product may be indicated on the Site, we cannot guarantee availability and Products may not be available for immediate delivery.
Changes
While we try to ensure that pricing, availability and other listing details displayed on our Site are correct and up to date, errors may occur. Any error may be corrected by us without any liability on our part. If we discover an error in the price of any Product which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as canceled.
We reserve the right to refuse or cancel any order with an incorrect price or other listing details.
DELIVERY AND SHIPMENT
Shipping and delivery dates are estimates only and cannot be guaranteed. We do our best to fill orders as fast as possible in the order received.
We ship the majority of our physical Products through USPS. We may use other carriers and will include the name of the carrier in your delivery confirmation email.
• Delivery will be to the address specified by you when ordering.
• You will receive an email with the shipment tracking number when a label has been created for your shipment.
• We typically ship 24-48 hours after you place your order.
• We will advise you of estimated shipping dates and try to keep you informed in the event of any delay.
• We will not be responsible for delays in delivery.
• Typical delivery time can range from 3 to 7 business days within the US depending on the ship-to address and other variables.
• At this time, we do not ship internationally.
Our digital Products are delivered to you online in a digital format. In general, you will receive a download link within a few minutes of payment. You are responsible for notifying us if you do not receive your digital Products within 1 calendar day of payment.
Risk of Loss; Title; Missing or Damaged
Title and risk of loss pass to you upon delivery to the carrier. This means that loss or damage that occurs during shipping is your responsibility. However, we may in our sole discretion replace or refund a lost or damaged item.
You must notify us within 7 calendar days of the date of purchase if you believe any part of your purchase is lost, wrong or damaged.
Orders that are shipped back to us after failed delivery attempts are “Returned to Sender.” Returned to Sender can happen for a variety of reasons. However, the mail delivery service is the one who classifies what they deem as undeliverable. As a courtesy, we do ask for any orders placed to ensure all information is accurate before checking out. In cases such as this, orders that are Returned to Sender are then issued a refund for the items purchased. We do ask that you allow for 10 business days for us to process any Returned to Sender packages. Chelsea Rose Beauty cannot be held reliable for orders that have incomplete, missing or incorrect addresses.
If you receive a damaged item from an order you place on our Site, please email us as soon as possible at shop@chelsearosebeauty.com. Please provide multiple photos of the damage and your order number. We will guide you through the process of correcting this issue without any extra charges. Damaged items must be reported to us within 7 calendar days from the date of delivery. Any claims beyond the 7 calendar days will be considered wear and tear, and cannot be replaced.
RETURNS AND REFUNDS
Given the digital nature of our digital Products and the personal nature of our bridal accessory Products, we do not offer refunds. All sales are final. You agree not to raise a dispute with your financial institution and/or credit card provider for Products you purchased and which we granted you access to.
PRODUCT USE AND LICENSES
Physical Products: No Commercial Use
When you purchase physical Products through this Site, you agree that you are purchasing physical Products for personal use only, and not for resale or other commercial purposes.
Digital Products: Limited License
Chelsea Rose Beauty from time-to-time provides various templates, guides, forms, courses, and programs, for download and/or sale on this Site. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our digital Products for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the digital Products in any manner.
INTELLECTUAL PROPERTY
This Site contains intellectual property owned by Chelsea Rose Beauty and by third-parties that license content to us, including copyrighted material, patents, trademarks, service marks, trade secrets, logos, product names, slogans, and content related to the Site including text, graphics, design, videos, graphics, and the arrangement. You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our intellectual property except as expressly provided in these Terms or with prior written consent from us.
Any unauthorized use, dissemination, reproduction, or copying of these Terms or any content on the Sites will be prosecuted to the fullest extent of the law.
You may view, download for caching purposes and print pages from portions of the Site for your personal use, subject to the restrictions set out in these Terms.
ACCESS
We try to ensure that our Site operates correctly and runs smoothly. However, we don’t accept any responsibility or liability to you if this Site becomes temporarily unavailable due to technical issues or issues beyond our control. We do not guarantee that this Site will be compatible with any hardware and software which you may use.
PERMITTED USE
You may use the Site and Products for lawful purposes only.
PROHIBITED USES
You may not use our Site and Products for any illegal or unauthorized purpose. You must not post or transmit through the Site any material that violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, worms, malicious code, spam, recipes, fraudulent links, fake accounts, or instructions, or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
AFFILIATE LINKS
From time to time, we may include affiliate links. If you click the affiliate link and make a purchase, we may get a commission in exchange. Affiliate links will be highlighted in some manner to disclose the affiliate relationship.
THIRD-PARTY LINKS AND ADVERTISEMENTS
We may include links on the Site or with the Products for your use. However, we are not responsible for any such third-party websites, advertising, information, materials, products, or services. If you access a third-party website from the Site or Products, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such websites. You expressly relieve Chelsea Rose Beauty from all liability arising from your use of any third-party website, products, services or content.
YOUR FEEDBACK AND COMMENTS
We appreciate feedback and interaction on our Site. Where you decide to submit feedback or comments, you give us permission to post or otherwise use that feedback on our Site, social media and other channels, including emails, submissions, surveys, comments, discussions on the Site or Product-related forums, calls, or otherwise.
USE OF TESTIMONIALS AND REVIEWS
The Site and Products may reference testimonials, reviews, case studies or other feedback from others about our Site and Products. Although these testimonials are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information in our Site and Products.
ACCURACY AND COMPLETENESS OF INFORMATION
Information provided about or in the Site and Products is subject to change. We are not responsible if information made available is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws regarding your use of the Site and Products.
WARRANTY DISCLAIMER
You agree that use of this site and products is at your sole risk. The site and products are provided on an “as is” and “with all faults” basis. We make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Site and Products.
CHELSEA ROSE BEAUTY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you.
LIMITATION OF LIABILITY
To the extent permitted by law, under no circumstances will Chelsea Rose Beauty be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the Site or Products, even if advised of the possibility of such damages. OUR LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE ACTUAL AMOUNT YOU HAVE PAID US FOR THE PRODUCTS IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.
You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.
INDEMNIFICATION
You agree to indemnify, defend and hold us and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of this Site, and any Product purchased from this Site and from your failure to maintain the confidentiality and/or security of your password or access rights to this Site. Your indemnification obligation will survive the termination of these Terms and your use of the Site and Products.
APPLICABLE LAW
You agree that the laws of the state of California, without regard to conflicts of laws provisions, will govern these Terms and any dispute that may arise between you and Chelsea Rose Beauty or its affiliates.
DISPUTE RESOLUTION
If a dispute arises under these Terms, we agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in San Diego County, California. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by us.
If the dispute is not resolved within 30 calendar days after it is referred to the mediator, it shall be settled exclusively by submitting to binding arbitration in San Diego County, California. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
If any court action is necessary to enforce these Terms, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
SEVERABILITY
If any provision of these Terms is determined by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
WAIVER
The failure of Chelsea Rose Beauty to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Any waiver of these Terms must be in writing and signed by an authorized representative of Chelsea Rose Beauty.
FORCE MAJEURE
Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
TERMINATION
Chelsea Rose Beauty may terminate this Agreement at any time, with or without notice, for any reason.
ALL RIGHTS RESERVED
All rights not expressly granted in the Terms are reserved by Chelsea Rose Beauty.
ENTIRE AGREEMENT
These Terms (together with our Privacy Policy and applicable license agreement) constitute the entire agreement between you and Chelsea Rose Beauty and governs the terms and conditions of your use of the Site and Products and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Chelsea Rose Beauty with respect to this Site and Products.