Last revised June 1, 2017

FABILOS, LLC (“Fabilos”) owns and operates this CHARMSANDZEN.COM website and business. All references to “charms & zen”, “we”,  “us”, this “website” or this “site” shall be construed to mean Fabilos.

Welcome to the CHARMS AND ZEN web store (“Site”).

By agreeing to these Terms of Service (“Terms”), you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

General

By using our website, you agree to the Terms. We may change or update these Terms so please check this page regularly. We do not represent or warrant that the information on our Site is accurate, complete, or current. This includes pricing and availability information. We reserve the right to correct any errors or omissions, and to change or update information at any time without giving prior notice.

Copyright & Trademarks

Unless otherwise noted all materials, including images, illustrations, designs, icons, photographs, video clips, written, and other materials that appear as part of this site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by CHARMS AND ZEN. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by CHARMS AND ZEN.

Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the account registration process, and you are fully responsible for all activities that occur under your username and password. You agree to

(a) immediately notify CHARMS AND ZEN of any unauthorized use of your username or password or any other breach of security, and

(b) ensure that you exit from your account at the end of each session. CHARMS AND ZEN will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.

Correction of Errors and Inaccuracies

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. CHARMS AND ZEN therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time with or without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, product availability, or otherwise.

Colors

We have made efforts to display accurately the colors of products that appear on charmsandzen.com. However, as the actual colors you see will depend on your monitor and/or other technological circumstance, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third Party Links

Certain content, products and services available via our Site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Return and Exchange Policy

You may return most new, unopened items within thirty (30) days of delivery for a full refund, less the original shipping cost. All return products are subject to a 25% restocking fee if the item(s) are damaged. All returns shall be processed and shipped within four (4) weeks of us receiving the returned item(s). Consider insuring your return order as CHARMS AND ZEN is not responsible for loss or damage incurred during shipping. Please contact us at support@charmsandzen.com with your order number and details to receive instructions on how to return your item(s). Exchanges may only be processed after we are contacted about the exchange. In addition, exchanges may only be made for items that are equal or lesser in value than the original purchase. We cannot exchange any damaged items, but a refund may be issued, less a minimum 25% restocking fee and the original shipping cost. All Exchange, Sale & Promotional items are final and are not eligible for Returns, Exchanges, and/or Warranties.

Please note, all returns and exchanges must be included in original packaging accompanied by a copy of the order invoice. We cannot approve any returns/exchanges over thirty (30) days old, no exceptions. We will not accept any packages sent without authorization, any shipments received that have not been authorized will be refused/shipped back. Please make sure that you have carefully reviewed your order prior to finalizing your purchase.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Prohibited Uses

As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms, or any other purpose not intended by CHARMS AND ZEN. We allow you to post content solely as a review for a product(s) you have purchased. Including the following, but not limited to, you agree not to use the Site or the review sections of the Site for any of the following purposes:

1) To abuse, harass, threaten, impersonate or intimidate any person;
2) To post or transmit, or cause to be posted or transmitted, any visual content or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane or that infringes any copyright or other right of any person;
3) For any purpose that is not permitted under the laws of the jurisdiction where you are accessing the Site;
4) To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account or private information from any other user on the Site;
5) To create or transmit unwanted ‘spam’ to any person or any URL;
6) To post copyrighted content that does not belong to you; You agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:

  • (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  • (iii) bypass any measures we may use to prevent or restrict Site access;

7) To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. We are not liable for any content or communications posted or transmitted through the Site by another user. To report a suspected abuse of the Site or a breach of the Terms please send written notice to CHARMS AND ZEN by email to: legal@charmsandzen.com. You are solely responsible for your interactions with other users of the Site. CHARMS AND ZEN reserves the right, but has no obligation, to monitor disputes between you and other users.

Shipping & Delivery

All domestic orders are shipped via USPS or UPS. Rates are calculated through USPS or UPS calculators. We currently do not accept orders to be shipped outside of the United States, but in the event we do in the future, we will be sure to amend this shipping policy accordingly. All California residents will incur sales tax as set by the State of California and/or the County to which your delivery will be shipped. Please note that USPS does not deliver to APO/FPO addresses or P.O boxes. Please check back with us periodically for any updates regarding our shipping policies. Please contact support@charmsandzen.com if you have any questions.

Product Availability

Although availability may be indicated on our Site, we cannot guarantee product availability or immediate delivery. We sell our products on a variety of online marketplaces, thus at any point we may run out of stock prior to our Site’s inventory being updated. We reserve the right, without liability or prior notice to revise, discontinue, or cease to make available any or all products or to cancel any order.

Force Majeure

In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement. Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Site, late delivery or absence of delivery by suppliers or other third parties.

Indemnification

You agree to indemnify, defend and hold harmless CHARMS AND ZEN, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. You agree that from time to time we may remove the Site for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is”; and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall CHARMS AND ZEN, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Arbitration

Any controversy or claim arising out of, or relating to, this contract or the breach thereof, shall be settled by arbitration, in accordance with the laws of the State of California, then obtaining, of the American Arbitration Association, and judgment upon the award rendered may be entered in any Court having jurisdiction thereof. Any award concurred in by a majority of the arbitrators or rendered by the sole arbitrator (as the case may be) shall be binding and conclusive on the parties; and a judgment thereon may be entered in the highest court of the forum having jurisdiction thereof.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by the laws of the State of California, with exclusive jurisdiction in San Joaquin County, California.

Corporate Contact Information

Corporate email: corp@charmsandzen.com

Corporate website: www.fabilos.com

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