TERMS + CONDITIONS
SERVICES + CONDITIONS
When using www.naturebeads.com (our site), as a guest (you) or as a registered account user (you), you acknowledge the website is owned by NATURE BEADS (DBA under TUDO HOLDINGS, LLC), accept all the Terms + Conditions, and agree to abide by them. If you do not agree to all the Terms and Conditions, you are not authorized to use our site under any condition.
As part of our online service, our site agrees to provide the guest or registered user with services and information protected under the Terms + Conditions that may change at any time without notice to you by amending the Terms + Conditions. Such changes are effective immediately when they are posted on our site and your continued use of our site after any changes are posted will be considered acceptance by you, continuing to agree to use our services in a manner consistent with all applicable laws, according to the Terms + Conditions, policies and guidelines below, and are binding as such.
ONLINE CONDUCT | ACCEPTABLE USE POLICY
Our site (www.naturebeads.com) is permitted on a temporary basis to a guest and/or registered account user (you) and we (NATURE BEADS) reserve the right to amend any and all services we provide under any circumstances. You may use our site for lawful purposes only and must agree and abide by all policies for and protected under the Acceptable Use Policy. You will not use our site or the service:
– in any way that breaches local, national or international laws or regulations or in any way that is unlawful or fraudulent;
– to send, receive, upload, download, use or re-use any material used on our site or owned by NATURE BEADS;
– to reproduce, duplicate, copy or re-sell any part of our site; – to send spam (unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation);
– to send spam (unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation);
– to knowingly transmit any data, send or upload any material that contains viruses, spyware, adware or any other harmful programs including but not limited to similar computer codes designed to adversely affect the operation of any computer software or hardware.
By using our site and this service, you accept the Acceptable Use Policy and agree that you will not attempt to undermine the integrity of our site or this service in any way. In any event of such a breach, your privilege to access our site and the services will cease immediately and the appropriate action will be taken against your actions.
ORDERS, INSPECTION, AND RETURN
Subject to these Terms, Nature Beads will deliver products to you pursuant to the Purchase Order you submit. No minimum order is required. Products are typically shipped within 1-3 working days after your order is placed. Please inspect your products upon delivery, as you have 10 days from receipt of the products to reject them if they are damaged don’t conform to applicable specifications. If you don’t notify Nature beads within 10 days that a product is damaged, you will be deemed to have accepted it. You are responsible for shipping costs for returned products, and all returns must have a prior authorization from Nature Beads and must be received by Nature Beads within 30 days of your receipt of the products. All authorized returns will be paid as refunds or credit minus original shipping fee*. Nature Beads will not be responsible for any product damaged after delivery. Please refer to our Return Policy.
You will indemnify, defend, and hold harmless Nature Beads, and its officers, directors, employees, agents, representatives and contractors (“Nature Beads Indemnitees”) from any and all claims, losses, liabilities, and costs, including reasonable attorneys’ fees, as incurred, arising out of, relating to or resulting from any third party claim based upon: (a) bodily injury, death, sickness or property damage caused by you, (b) breach of these Terms by you, or (c) any willful, reckless or negligent act or omission of you. Settlement of any claim covered by this section requires the indemnified party’s prior written consent, and such consent will not be unreasonably withheld.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
To the fullest extent permissible by applicable law, Nature Beads disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Nature Beads does not warrant that the information, materials, products or services made available to you by Nature Beads are free of harmful components.
Nature Beads will not be liable to any person or entity for any special, incidental, indirect, consequential, punitive or exemplary damages, including lost profits, arising out of or relating to its products. Nature Beads’ aggregate liability from any claims related to or arising out of any materials, products or services made available to you by Nature Beads shall not exceed the amount paid by you to Nature Beads for such materials, products or services. You agree that you will make no warranty, guarantee, claim or representation in connection with the products unless authorized in writing in advance by Nature Beads. Any warranties given by you in violation of this section will be unenforceable against Nature Beads.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Without limiting the foregoing, the materials and products made available to you by Nature Beads may contain metals, chemicals or other substances that may produce an allergic reaction by the users and/or wearers of such substances. The disclaimer set forth above shall govern any and all such reactions resulting from exposure to these substances.
As between you and Nature Beads, you will be solely responsible for any and all licenses and/or governmental approvals necessary for or related to, as applicable, the import, export, storage, handling, inventory, use, marketing, distribution and/or sale of products you purchase from Nature Beads. Similarly, except to the extent expressly agreed to by Nature Beads, you are solely responsible for determining and complying with all laws which apply to the importation, distribution, sale, marketing or use of products purchased from Nature Beads, including but not limited to laws related to metal content.
In the event that of a Product recall initiated by any Nature Beads or any government, regulatory authority, or court, you will cooperate to take all appropriate corrective actions.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the internal laws of the State of Florida without regard to its provisions concerning the choice of laws. The parties consent to the exclusive jurisdiction of the federal or state courts located in Putnam County, Florida to hear any action or suit arising out of these Terms or related matters.
These Terms and the applicable Purchase Order constitute the entire agreement and understanding between the parties relating to the subject matter hereof and supersede all other agreements between the parties with respect thereto. You may not assign all or part of these Terms without the prior written consent of Nature Beads. These Terms shall be binding upon and shall inure to the benefit of, the permitted successors and assigns of the parties. No failure by a party to exercise any rights under these Terms, including rights resulting from a breach by the other party, will constitute a waiver or release of any rights and remedies available under these Terms or under the law. Neither party is the legal representative or agent of or has the power to obligate the other for any purpose whatsoever.