TERMS AND CONDITIONS
Please read this document carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
These terms and conditions (the “Agreement”) apply to your purchase of products and/or services offered on this Web site by Carefree Crafts LLC (the “Company”). By placing your order, you accept and are bound to the terms and conditions of this Agreement.
You must be eighteen or over to purchase products through the Site. By providing information to us through the Site and agreeing to purchase a product, you agree that you are at least eighteen years of age.
In order to purchase our products, you must provide us with certain basic personal and billing information, such as your name, address and credit card information. If you order a Carefree Crafts membership, we will also ask you for certain additional [optional] information regarding your child, such as first name and birth date; this information will solely be used to offer products, services and offers geared towards the age group your child belongs in as we develop and expand our product line. You agree that all information you provide with respect to your purchase of products and payment will be accurate and complete. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. You will be responsible for payment to Carefree Crafts of the applicable taxes relating to purchases on our Site.
All orders are subject to our acceptance. We may refuse to accept any order, or any portion of an order, in our sole discretion, even if we have provided a confirmation of order. If a product is listed at the incorrect price, we have the right to reject or cancel orders at the incorrect price, even if the order has been confirmed or your credit card charged. If this happens and we cancel an order after charge to your credit card, we will promptly credit your credit card account in the amount of the charged price.
Important Information on Carefree Crafts Subscriptions. If you purchase a monthly subscription, your membership will continue until you cancel it and we will charge your credit card monthly in advance. If you wish to cancel your membership, please call contact us. For 3-, 6-, or 12-month auto-renewing subscriptions, you can cancel after the initial prepaid term has been completed, but you must cancel before the 15th of the month to avoid getting billed for the next term that auto-renews. Gift subscriptions are not eligible for cancellation. If you took advantage of a promotional discount to receive your first monthly craft package, you can cancel only after your first craft package is delivered. We reserve the right to cancel subscriptions at any time at our discretion, but will refund the unused portion of your subscription for 3-, 6-, and 12-month subscriptions.
WARNING: CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. You acknowledge that the products are not designed, manufactured or intended for use by children under the age of three (3) and may contain small parts. In additions to all other limitations and disclaimers in this agreement, Company shall not be liable to you or any third party, in whole or in part, for any claims, liability, damages, loss or costs arising from such use.
Shipping and handling fees are included with your purchase unless otherwise indicated at the time of sale. You must notify the Company within 30 days of the date of your order if you believe any part of your purchase is missing, incorrect or damaged. Shipping dates are estimates only.
RETURNS, REFUNDS AND CANCELLATIONS
Merchandise is not returnable. However, if any materials included in your package are damaged or defective,contact us and we will be happy to replace those items for you within 30 days of receiving the items.
If you purchase a monthly subscription, your membership will continue until you cancel it and we will charge your credit card monthly in advance. If you wish to cancel your membership, please call contact us. For 3-, 6-, or 12-month auto-renewing subscriptions, you can cancel after the initial prepaid term has been completed, but you must cancel before the 15th of the month to avoid getting billed for the next term that auto-renews. Gift subscriptions are not eligible for cancellation. If you took advantage of a promotional discount to receive your first monthly craft package, you can cancel only after your first craft package is delivered.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Carefree Crafts is not responsible for third party access to your account that results from theft or misappropriation of your account. Carefree Crafts and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
www.carefreecrafts.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Carefree Crafts and Carefree Crafts is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Carefree Crafts is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Carefree Crafts of the site or any association with its operators.
Certain services made available via www.carefreecrafts.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.carefreecrafts.com domain, you hereby acknowledge and consent that Carefree Crafts may share such information and data with any third party with whom Carefree Crafts has a contractual relationship to provide the requested product, service or functionality on behalf of www.carefreecrafts.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
As a condition of your use of the Site, you warrant to Carefree Crafts that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Carefree Crafts or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Carefree Crafts content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written consent of Carefree Crafts.
The Service is controlled, operated and administered by Carefree Crafts from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Carefree Crafts Content accessed through www.carefreecrafts.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
LIMITATION OF LIABILITY
Except in jurisdictions where such provisions are restricted, under no circumstances shall the Company be liable for any direct, indirect, actual, special, incidental, consequential, or punitive damages include, but not limited to, damages attributable to loss of data, loss of business, or loss of use, or damage to property arising out of the use or inability to use the Site, products, or services, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the affected products.
You agree to indemnify, defend and hold harmless Carefree Crafts, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Carefree Crafts reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Carefree Crafts in asserting any available defenses.
If there is any dispute about or involving the Site and/or any product you have purchased from us, by using the Site, you agree that the dispute will be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Michigan.
You understand and agree that any reviews, ideas, or suggestions for improvements to the Site or products, including without limitation, enhancements, new functionality or concepts, shall be owned by the Company. The Company shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration to you.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.
These Terms will remain in full force and effect while you use the Site and with respect to all purchases of products. We may terminate your access to the Site, or any portion of the Site in our sole discretion, including if we believe that you are in breach of these Terms.
These Terms and our Policies contain the entire agreement between you and the Company regarding the use of the Site. If any terms and conditions of this Agreement are not accepted by you in full, you do not have permission to access the contents of the Site and therefore should cease using this Site immediately. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of the Terms shall continue in full force and effect.