TERMS AND CONDITIONS
Updated February 11, 2023
I. Introduction & Agreement to Our Legal Terms
We are Queen Marie Creatives (“Company”, “we,” “us,” “our”), a company located in Berkeley, California, United States.
Our services and products are provided subject to the following terms and conditions. We operate a website, www.queenmariecreatives.com, (“the Site”), as well as any other products and related services that refer or link to these legal terms (“the Legal Terms”) (collectively, the “Services”). By using this website, you agree to such terms and conditions, as well as these Terms. Please read them carefully, as they contain important provisions relating to your use of the site.
We design, create and sell unique art and mosaics.
You may contact us by phone at +1 510 343-9151 and by email at design@queenmariecreatives.com.
These legal terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Queen Marie Creatives concerning your access to and use of “the Services.” You agree that by accessing the Services, you have read, understood and agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
II. Privacy Policy
You should review our Privacy Policy to understand our privacy practices.
III. Terms of Use
License and Website Access
We grant you a limited, revocable license to access and make personal use of this website as our customer. However, you are not permitted to:
- reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Website Content”) for any commercial purpose, except as expressly provided;
- use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet “search engines,” hit counters or similar technology);
- use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on this Site;
- engage in any activity that interferes with the website or another user’s ability to use the Site;
- modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the Services offered on the Site; or
- assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
Any use of the Site or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
Copyright
The laws of the United States govern the copyright of this Website. However, copyright is also subject to international convention making it a global right of protection for Queen Marie Creatives. All Website Content is our property and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.
Reviews, Comments, Communications and Other Content
Visitors may post or submit reviews, comments, and communications via our website, by email or through one of our website operation partners, or social media channels. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, “spam” or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. We reserve the right to edit or remove any content that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit. By submitting content, you automatically grant to us a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display your user-name or the content in any media, form, format, manner or forum now known or hereafter developed without compensation to you. We take no responsibility and assume no liability for any content posted by visitors to our website.
Limitation of Liability
Queen Marie Creatives will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
We do not accept responsibility that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. These limitations of liability apply even if Queen Marie Creatives has been expressly advised of the potential loss.
IV. Terms of Sale
These Terms of Sale apply to all offers made by QueenMarieCreatives.com, all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.
Return Policy
While we would love to allow for returns and offer refunds on all orders such as larger businesses do, as a small business owner and artist, we are not able to accommodate those requests. As a result, Queen Marie Creatives does not allow for returns or refunds. Your business and satisfaction are important to us, and we have two exceptions to this policy which are as follows:
1. If something is broken in transit, it will be refunded. All items shipped are insured and once the claim is filed, your refund will be processed. Please follow these steps:
- Anything broken in transit must be reported to Queen Marie Creatives within 7 days of receipt
- Please take photos of the broken items along with pictures of the packaging
- Email your order number, your contact information, a description of the incident, and the photos of the damaged product and packing to:
- design@queenmariecreatives.com
- From there, the claim will be submitted to the postal insurance department, and we will then communicate back to you the status of the claim and the timeframe in which the refund will be processed.
2. If you order Bling Strings Specialty Shoelaces and an aglet(s) (the metal tips at the ends of the laces) falls off within 60 days of purchase, you are entitled to request a replacement aglet(s) or exchange. Please use the following steps:
- Take photos of your Bling Strings
- Email your order number, your contact info and the photos of the Bling Strings to: design@queenmariecreatives.com
- We will evaluate the request and communicate back to you. We will either mail you replacement aglets for you to re-attach to the specialty shoelaces, or, you may mail back your Bling Strings at your expense and we will send you a new pair of shoelaces. Please note that if there is damage to the Bling Strings themselves, they cannot be returned or refunded.
We appreciate your business and want to provide you with an exceptional customer experience. If you have any questions or concerns regarding our Refund Policy, please email us at design@queen.mariecreateives.com.
Acceptance of Order
We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).
Sales Tax
Items shipped to destinations in the United States are subject to state sales tax, with the exception of the five states that do not impose sales tax: Alaska, Delaware, Montana, New Hampshire, and Oregon.
Disclaimer
We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product. We do our best to ensure product descriptions are accurate and colors are adequately represented. Queen Marie Creatives cannot be held responsible for decencies in shape and color with products received by the customer as other computers may simple have been displaying the products differently. Similarly, we aim to ensure that a product for sale is in stock, and will not be held liable if there is a mistake and a product is sold out, in which case we reserve the right to cancel an order.
V. Jurisdiction, Governing Law, Disputes
Jurisdiction and Governing Law
Through your use of the Website, you agree that the laws of the State of CA shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and Queen Marie Creatives.
Disputes
Any dispute or claim relating in any way to your use of or purchases from QueenMarieCreatives.com, or to the sale of any products or services sold or distributed by QueenMarieCreatives.com, shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, both parties shall then submit the dispute to be resolved by meditation, and if no collaborative settlement is agreed upon, then by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
If you have a dispute, you must send an email requesting the dispute be addressed and describing your claim to: design@queenmariecreatives.com.
If both personal resolution and meditation are unsuccessful, the matter will go to arbitration. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Sale as a court would.
QueenMarieCreatives.com will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in an agreed upon location in Northern California, USA.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Law
By placing an order with QueenMarieCreatives.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and QueenMarieCreatives.com.
Severability
If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
VI. Supplemental Terms
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
Age Restriction
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
Conclusion
We recommend that you print a copy of these Legal Terms for your records.
