FRENCHBATHPRODUCTS.COM TERMS & CONDITIONS OF USE Thank you for shopping at FRENCHBATHPRODUCTS.COM
These terms and conditions and the Privacy Statement Addendum, collectively (the "Terms and Conditions"), constitute the sole and entire legal agreement between you and Frenchbathproducts.com, and supersede all prior Terms and Conditions. All statements made on Frenchbathproducts.com web site are intended for your convenience only and do not form, in any way, part of these Terms and Conditions. The "Web Site" refers to Frenchbathproducts.com web site, its contents, and its online shopping services. "You" and "you" refer to the person, company or other legal entity that accesses and uses the Web Site. The "Product(s)" collectively refer(s) Soap and Bath Products available to order on the Web Site. "Business Day(s)" refer(s) to Monday through Friday. "Legal Holiday(s)" refer(s) to New Year's day, Memorial day, Independence day, Labor day, Thanksgiving day, the day following Thanksgiving day, and Christmas day. Your use of the Web Site is expressly conditioned on your acceptance of the following Terms and Conditions. By completing Frenchbathproducts.com online registration process and by clicking the "I Accept" button at the bottom of Frenchbathproducts.com registration page, you confirm and affirm that you have read and understood these Terms and Conditions. Frenchbathproducts.com reserves the right, from time to time, with or without notice to you, and in Frenchbathproducts.com sole discretion, to amend these Terms and Conditions. Any amendments by Frenchbathproducts.com will be effective only as to orders you place subsequent to Frenchbathproducts.com’s revisions of these Terms and Conditions as displayed in the Customer Service section of the Web Site. It is your responsibility to review the current Terms and Conditions prior to submitting each order and Frenchbathproducts.com has no responsibility to notify you of any changes before any such changes become applicable. By submitting each order at the end of the checkout process, you confirm that you have read, understood and agree to these Terms and Conditions, and in the form in which they appear at the time each order is submitted. If you do not agree with any part of these Terms and Conditions, you must click the "I Decline" button at the bottom of Frenchbathproducts.com registration page and stop using the Web Site. 1. Eligibility. You must be 18 years or older, and have completed the initial registration process with accurate information to purchase products. 2. Order for Product(s).
By submitting an online, phone or fax order, you offer to purchase from Frenchbathproducts.com, pursuant to these Terms and Conditions, the Product(s) that you have selected. Frenchbathproducts.com will acknowledge receipt of your order by sending you an electronic confirmation. Such acknowledgement does not constitute acceptance of your offer, and Frenchbathproducts.com, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason. 3. Order's limit.
Frenchbathproducts.com will use its best efforts to satisfy your orders. However large orders of a particular Product will be fulfilled at Frenchbathproducts.com's discretion. 4. Product availability. Although Frenchbathproducts.com believes that it will have sufficient inventory to fill your order, it is possible that unexpected demands might occasionally deplete Frenchbathproducts.com’s stock of some Product(s). In the event one or more Products you have ordered are temporarily unavailable, Frenchbathproducts.com will ship the currently available Product(s) and may cancel the remainder of your order. Frenchbathproducts.com will adjust your invoice accordingly unless the missing inventory exceeds fifty percent (50%) of your total order's amount. In the unlikely event that this fifty percent ratio cannot be met, Frenchbathproducts.com will notify you, and will hold your order until further instructions are received from you. 5. Order's processing. If Frenchbathproducts.com processes your order, Frenchbathproducts.com shall, in return for your payment, provide the Product(s) you ordered using the shipping service you have selected during the checkout process and/or using the shipping service required. 6. Shipping for Product(s) If you choose to have your order delivered, Frenchbathproducts.com will ship the Product(s) to a single delivery location you designate within the United States only. If your area is not served by Federal Express or UPS, Frenchbathproducts.com will notify you and cancel your order. Frenchbathproducts.com does not ship to P.O. Boxes, or APO/SPO addresses. During the checkout process, you are prompted to select your shipping preference. Unless otherwise indicated on the Web Site, a shipping charge, fixed or based upon your selection, and in some instances a shipping surcharge apply to each order regardless of how packages your order is shipped in. At the time your order leaves our fulfillment center, Frenchbathproducts.com will send you an electronic message that will include the name of the carrier and your shipment tracking number. You can access the Customer Service section of the Web Site at any time to obtain information about the status of your order.
7. Delivery.
Delivery times vary according to the shipping service required or to your shipping preference as selected during the checkout process, and Frenchbathproducts.com 's delivery commitment starts from shipment date, and not from the date the order is placed. If you fail to provide a complete recipient's address or incorrectly enter this information during the registration or checkout process, the designated carrier may attempt to find the correct address and try to complete the delivery. In such instances, Frenchbathproducts.com will assess a special handling fee of $10 per address correction, and will reserve the right to charge that amount to your credit card. You authorize Frenchbathproducts.com to make and collect such charge. Frenchbathproducts.com will not be liable for failing to meet its delivery commitment for: (1) any order received with an incomplete or incorrect shipping address, (2) unsuccessful delivery attempt(s), (3) observance of local holidays (e.g., Mardis Gras, St Patrick's Day), (4) restrictions imposed by Frenchbathproducts.com shipping carriers, (5) inclement weather, (6) extreme temperatures, and (7) other circumstances beyond Frenchbathproducts.com control. In theses instances, Frenchbathproducts.com assumes no responsibility for any damages, whether direct, incidental, special or consequential, including but not limited to spoilage of Product(s). 8. Product pricing and information. Prices quoted for the Product(s) you have selected are subject to change without notice. Information displayed on the Web Site may occasionally contain typographical errors, inaccuracies, or omissions that relate to Product(s) descriptions, brand, and pricing. Frenchbathproducts.com is not responsible for any inaccuracies or misstatements of any such information, and Frenchbathproducts.com reserves the right to correct any errors, inaccuracies or omissions at any time without prior notice, and to refuse or cancel any order that includes any Product and/or services listed at the incorrect prices. You should read the Product information upon delivery or directly contact the Product's manufacturer or distributor if you have questions or concerns. 9. Returns. If any portion of your order does not meet your expectations, Frenchbathproducts.com offers a 30-day return policy on all regularly priced Products except gift certificates. Frenchbathproducts.com 30-day return policy does not apply to Products purchased on sale, through a promotion or on a discounted basis. To expedite the refund process, and obtain return instructions, you should call our Customer Care Department at 1-866-977-SOAP, Monday through Friday (except holidays) from 9 a.m. to 5 p.m. (PST). Upon return of the Product(s), Frenchbathproducts.com will issue a credit to your credit card in an amount equal to the value of the Product(s) plus sales tax if applicable. Shipping charges and surcharges, as well as special services are not refundable unless Product(s) are damaged and/or defective. 10. Claims. Claims for Product damage and shipping service failures must be sent in writing and received by Frenchbathproducts.com within 5 Business Days from the date of delivery or, in the event that Frenchbathproducts.com shipping carrier failed to make delivery, within 10 Business Days after you receive notification from Frenchbathproducts.com that your order has been shipped. Failure to give Frenchbathproducts.com written notice of your claim within the limits referenced above will result in denial of your claim. In the case of a claim for concealed damage which is not discovered at the time of delivery, you or the recipient must retain the original shipping package(s) for inspection until the claim is concluded. Frenchbathproducts.com reserves the option to pick up salvage on damaged claims. If your claim is found to be valid, Frenchbathproducts.com will, at your option, either replace the damaged Product(s) for reshipment to the originally stated recipient's address at no extra charge or issue a credit to your credit card in an amount equal to the value of the damaged Product(s) plus sales tax if applicable, special services, if any, and prorated shipping charges and surcharges. Any payment made by Frenchbathproducts.com to settle a claim will not exceed the aggregate dollar amount paid by you to Frenchbathproducts.com for the order. 11. Gift Certificates. By submitting an online order for a gift certificate, you offer to purchase from Frenchbathproducts.com, pursuant to these Terms and Conditions, such gift certificate for the face value you have selected. Frenchbathproducts.com does not accept phone or fax orders for gift certificates. The redemption of a gift certificate issued by Frenchbathproducts.com will only be accepted and unused portions of Frenchbathproducts.com gift certificates are valid 1 (one) year from their date of issuance. Expiration dates do not apply in any states where prohibited by law. Frenchbathproducts.com gift certificates can only be redeemed through the Frenchbathproducts.com Web Site. Frenchbathproducts.com gift certificates are not redeemable for cash, cannot be returned for a cash refund, and are not transferable. Frenchbathproducts.com gift certificates can be partially redeemed, and unused portions of their face value will show as a credit in the redeemer's account. If an order exceeds the face value of a gift certificate or its unused portion, the redeemer is required to pay for the balance with a credit card. Frenchbathproducts.com is not responsible for lost or stolen gift certificates. Frenchbathproducts.com reserves the right to close any accounts and request alternative forms of payments if a fraudulently obtained gift certificate is used to make purchases on the Frenchbathproducts.com Web Site. Frenchbathproducts.com gift certificates cannot be applied to any orders that have already been processed. 12. Customer registration. You agree to complete the initial registration process according to Frenchbathproducts.com 's requirements stated on the Web Site, and to provide Frenchbathproducts.com with accurate, complete and updated information including, but not limited to, your legal name, date of birth (if required), billing information, residence and email addresses, and appropriate telephone contact numbers. You also agree to provide Frenchbathproducts.com with an accurate and complete credit card number and expiration date at the time of checkout or by phone or fax, and you represent and warrant to Frenchbathproducts.com that your use of such credit card is authorized and legal. 13. Customer Information changes and updates. It is your responsibility to promptly notify your bank of any changes to your billing information, or of any loss, theft, or unauthorized use of your credit card number. You are also responsible for updating your registration information and your credit card information if applicable by accessing the Customer Service section of the Web Site. 14. Sales Tax and audit. You expressly agree to immediately report to Frenchbathproducts.com any unpaid sales tax(es) or other amounts owed with respect to any purchases should you become aware of such omissions. You further agree to immediately pay such tax(es) and amounts should this situation arise. Frenchbathproducts.com may audit any order at any time and reserves the right to make appropriate adjustments should an order be found to be incorrect. You authorize Frenchbathproducts.com to make and collect such adjustments. Soap & Bath Products shipped to California are subject to the currently applicable sales tax of 8.25%. 15. Disclaimer of warranties and limitation of liability. The Web Site, its contents and its online shopping services are provided on an "AS IS" or "AS AVAILABLE" basis, and are subject to change without notice. Frenchbathproducts.com does not provide any assurances of the availability or usability by you of its online shopping services, and expressly disclaims all representations or warranties, whatsoever, as to the substance, or the accuracy or sufficiency thereof, of any Product information listed on the Web Site. Frenchbathproducts.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PRODUCTS SOLD, THE ONLINE SHOPPING SERVICES, DELIVERIES, OR OTHERWISE. Frenchbathproducts.com makes no warranty that the Web Site will meet your requirements, or that access to or use of the Web Site will be uninterrupted or error-free; nor does Frenchbathproducts.com makes any warranty as to the accuracy or reliability of any communications or transmissions, or the accuracy of any alteration of your transmissions or data, or the accuracy, completeness or reliability of any information obtained through the Web Site. You assume full responsibility and risk of loss resulting from your use of the Web Site, and from your receipt and/or your downloading of any materials, data, text, images, video, audio or other material obtained either directly or indirectly from Frenchbathproducts.com. In no event shall Frenchbathproducts.com be liable for any direct, consequential, incidental, special, punitive or other damages of any kind (including but not limited to lost profits, lost savings, business interruption, or loss of information), which may arise out of or may in any way be connected with (a) any use of the Web Site or its content, (b) any failure or delay (including, but not limited to the use of or inability to use any portion of the Web Site), or (c) the performance or non performance by Frenchbathproducts.com, and you hereby waive any claims with respect thereto, even if Frenchbathproducts.com has been advised of the possibility of such damages. No advice or information, either oral or written, obtained from Frenchbathproducts.com or through the Web Site shall create any warranty not expressly made herein. Frenchbathproducts.com shall not be liable to you for any interception of online communications, and Frenchbathproducts.com shall conclusively presume that online communications received from you through your use of the web site and registration process are accurate, complete, and authorized by you. You agree not to contest the validity and binding effect of those communications. Frenchbathproducts.com shall not be liable to you for UNAUTHORIZED USE OF YOUR CREDIT CARD, OR OTHER CONSEQUENCE BEYOND THE REASONABLE CONTROL OF Frenchbathproducts.com. ANY LIABILITY OF Frenchbathproducts.com (INCLUDING ITS EMPLOYEES, AFFILIATES, OR AGENTS) TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, OF ANY KIND OR NATURE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, SHALL BE STRICTLY LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU TO Frenchbathproducts.com IN YOUR MOST RECENT USE OF THE WEB SITE IMMEDIATELY PRIOR TO THE CLAIMED LOSS OR DAMAGE. 16. Governing laws and general terms. These Terms and Conditions and the order form collectively constitute the sole and entire agreement between you and Frenchbathproducts.com, and are governed in all respects by the laws of the State of California without regard to conflict of laws rules. You consent and submit to personal jurisdiction and venue in California and further agree that any cause of action relating to these Terms and Conditions shall be brought in a court in the state of California, County of Los Angeles. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. If any provision of these Terms and Conditions is held to be invalid or unenforceable pursuant to applicable law including, but not limited to the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. You may not use or export any of the materials contained in the Web Site in violation of U.S. export laws and regulations. Frenchbathproducts.com shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes whatsoever, unless specifically provided for in these Terms and Conditions. You agree that Frenchbathproducts.com may communicate with you via email and any similar technology for purposes relating to the Web Site and any other services provided or which may in the future be provided by Frenchbathproducts.com or on Frenchbathproducts.com 's behalf. The Web Site is controlled and operated by Frenchbathproducts.com from its corporate offices in Manhattan Beach, California. Frenchbathproducts.com makes no representation that materials in the Web Site are appropriate or available for use in locations other than in the state of California, and access to them from states, territories or countries where their contents are illegal is prohibited. If you choose to access the Web Site from other locations, you do so on your own initiative and are responsible for compliance with applicable local laws. 17. Proprietary rights to content. The Web Site, and each of its modules, are the copyrighted properties of Frenchbathproducts.com. You acknowledge that content, including but not limited to text, software, music, sounds, photographs, videos, graphics or other material electronically distributed and presented to you by the Web Site or by Frenchbathproducts.com, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. None of the content or data found on the Web Site may be copied, reproduced, republished, posted, transmitted, distributed, sold, transferred, modified, or used to create derivative works in any way, without the express written permission of Frenchbathproducts.com. You may, however, display and print one copy of the materials presented on the Web Site on a single computer for your personal, non-commercial use only. Any unauthorized purpose may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. In addition, Frenchbathproducts.com, its logos, mottos, Products and services referenced herein are either service marks or trademarks, or pending service marks or pending trademarks of Frenchbathproducts.com. The names of actual companies and Products mentioned herein may be the service marks or trademarks of their respective owners. Nothing contained on the Web Site should be construed as granting by implication, or otherwise, any license or right to use any of the service marks or trademarks without the written permission of Frenchbathproducts.com or such other party that may own the service marks or trademarks. 18. Customer's conduct. You understand you are solely responsible for all uses of the Web Site. Frenchbathproducts.com reserves the right to take any action, with respect to the Web Site, it deems necessary or appropriate, at its sole discretion, if Frenchbathproducts.com believes you may create liability for Frenchbathproducts.com. Your use of the Web Site is subject to all applicable local, state and federal laws and regulations. You agree: (1) not to use the Web Site for illegal purposes, (2) not to interfere or disrupt networks connected to the Web Site, (3) to comply with all regulations, policies and procedures of networks connected to the Web Site, (4) not to use the Web Site to infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (5) not to use the Web Site for attempting to gain unauthorized access to any other accounts, (6) not to use the Web Site in a manner that adversely affects the availability of its resources to other customers or interfere with another customer's use and enjoyment of the Web Site, and (7) not to transmit through the Web Site any unlawful, harassing, defamatory, libelous, abusive, threatening, racist, harmful, vulgar, indecent, inflammatory, pornographic, obscene, profane or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state or federal law or regulation. At Frenchbathproducts.com's option and without further notice, Frenchbathproducts.com may use technologies and procedures, such as filters, that may terminate such objectionable material without delivering it. The Web Site makes use of the Internet for you to receive information of your own choosing; therefore, your conduct is also subject to Internet regulations, policies and procedures. 19. Links. The Web Site may contain links to other web sites that are provided solely as a convenience to you and not as an endorsement by Frenchbathproducts.com of the contents of such other web sites. Frenchbathproducts.com makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so entirely at your own risk. 20. Confidentiality. Information submitted to Frenchbathproducts.com during the course of your use of the Web Site is governed according to Frenchbathproducts.com 's Privacy Statement, the terms of which are incorporated herein. You acknowledge to have read such Privacy Policy, and consent to the use of your Personal Information by Frenchbathproducts.com and/or its various third party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. |