WEBSITE TERMS AND CONDITIONS
Last Updated March 30, 2020
Please review these Terms and Conditions carefully.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms and Conditions, please note the warranty disclaimers and limitations on our liability explained in Sections X and XI respectively.
UPDATES: We may update these Terms and Conditions from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms and Conditions through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms and Conditions incorporating such changes or otherwise notified you of such changes. You agree that it is your responsibility to regularly check the Website for any updated Terms and Conditions. In addition, by continuing to use or access any of the Website or otherwise engaging with us after we post any changes, you accept the updated Terms and Conditions. The “Last Updated” legend above indicates when these Terms and Conditions were last changed.
These Terms and Conditions govern your access to and use of this Website as well as the ordering, shipping, and return policies for all merchandise and orders placed through the Website. By using the Website, you affirm that you are of legal age to enter into these Terms and Conditions, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms and Conditions and your parent or guardian consents to these Terms and Conditions on your behalf. If you violate or do not agree to these Terms and Conditions, then your access to and use of the Website is unauthorized and you should cease using the Website immediately. If you are under the age of 13, you are not permitted to provide any information to us through the Website or make any purchases without your parent(s)’ consent and we will not knowingly collect any information from you.
II. Defined Terms
In these Terms and Conditions:
“In*B*Tween,” “we,” “us,” or “our” means IN.B.TWEEN, LLC, a Florida limited liability company, together with its agents, employees, managers, officers, affiliates, subsidiaries, and owners, directly or indirectly through all levels.
“Website” means www.shopinbtween.com, together with all materials, services, Content, and functionalities offered on, by, or through the Website or the systems, servers, and networks used to make the Website available.
“you” or “your” means any user accessing the Website and any Person who has notice of these Terms and Conditions.
“Terms and Conditions” means this document, as updated from time to time by us.
“Content” means merchandise and merchandise information, products and product descriptions, services and services information, as well as comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials of any kind).
“make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Website administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Website through the tools offered by such social media platforms).
“Person” means a physical person or any entity (e.g.: corporation, limited liability company, partnership, trust, governmental organization, unincorporated branches or divisions, etc.).
III. Your Use of the Website
All Content and information you provide on or through the Website, if any, is true, correct, and complete. You are solely responsible for the confidentiality and security of any such Content and information, including your account information and credentials, if any. Any agreement between you and your financial institutions regarding your payment methods, continues to govern your use of such payment method on the Website. We are not a party to any such agreement and have no responsibility thereunder. We can, in our sole and absolute discretion, restrict or terminate your account, if any; access to the Website; and waive, charge, modify, any fees in connection with the use of any Content available on or through the Website.
You shall not directly or indirectly by encouraging another Person:
- Make available or attempt to make available any Content on the Website, except as expressly permitted by us;
- Use the Website for any purpose other than review and/or purchase Content on the Website;
- Use the Website in violation of these Terms and Conditions, any other Person’s rights, or applicable law;
- Interfere with or disrupt the operation of the Website or any other Person’s access to the Website; or
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Website.
IV. Permitted User Content
a. Providing Content
The Website may allow you to provide Content in the form of feedback, comments, reviews, etc. You may provide Content only if and when expressly permitted by us. You are responsible for all Content you make available in connection with the Website. You represent and warrant that (1) you have the authority to grant the rights in such Content as set forth in these Terms and Conditions, including in Section IV(B) below; and (2) such Content, and the use of such Content, will not violate any of these Terms and Conditions.
b. Our Rights to Use Your Content
You grant us a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to, directly or indirectly, use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, sub-license, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that we are free to use any Content for any purpose. We are under no obligation with respect to any Content you provide to us.
V. Website Monitoring
We may, in our sole discretion, monitor, evaluate, and analyze Content, including any Content provided by you, and any use of and access to the Website, including for commercial purposes, to develop and/or advertise new or other Content, and/or to determine compliance with these Terms and Conditions and any other operating rules that may be established by us from time to time.
VI. Website Content
Content information and availability are subject to change at any time without notice. We may make Content available from, incorporating, or relating to, third-party products, services, or information. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Content, listings, descriptions, or images (including any features, specifications, and prices contained on the Website). We do not guarantee any color, finish, weights, measures, and similar descriptions of Content, all of which are approximate and are for convenience only.
We are not responsible for, and cannot guarantee the performance of, any Content provided by third parties, including any links to third-party websites, the use and access to which is solely at your own risk. It is your sole responsibility to read and understand all applicable labels, warnings, directions, and other information provided with the Content before use. It is also your sole responsibility to use all Contents in accordance with these Terms and Conditions and applicable laws.
If you are not satisfied with any Website Contents, your sole remedy is to cease using the Website and/or return the Content pursuant to the Return Policy set forth herein.
VII. Placing an Order
a. Order Acceptance and Billing
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Content, as well as all shipping and handling charges and applicable taxes.
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your account. We may use a third-party company to process and store your payment information. We are not responsible for any loss or claim arising in connection with the negligence or misuse (including a data breach) by or involving any such third-party payment processor. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or potential fraud.
b. Shipping and Delivery
Products will be shipped to an address designated by you, if applicable, so long as such address is complete. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier, regardless of the use of any other different, inconsistent, or contradicting INCOTERMS or shipping terms. We do not provide insurance for our shipments and are not responsible for Content that is lost or damaged in transit.
Delivery of Products purchased from the Website to addresses outside the United States may be limited or not available. Delivery times are estimates determined based on the method of shipping chosen when Products are purchased and the destination of the Products. Delivery times are not guaranteed and we are not responsible for any delays.
c. Returns Policy
Returns are not permitted except as expressly set forth in this return policy.
We work closely with our incredible team of designers to create an awesome collection of customized and personalized clothes, accessories, camp gear and special, one-of-a-kind gifts. We guarantee our products to be high-quality and defect-free; distressed, maybe, but intentionally so. If there is ever an issue with an item in your order, we will work hard to fix it.
Please make sure to carefully review all the details of your order (check the spelling, names, dates, colors, images, size, etc.) because we can’t refund special-ordered products that have been inputted incorrectly. All sales of customized and personalized items are final. However, we will do our best to work with you to find a reasonable solution to correct and replace the item with as little additional charge as possible.
Additionally, all sale items are final and may not be returned, replaced, or refunded for any reason. However, if the product is defective (i.e. torn, ripped, stained, discolored, or otherwise unintentionally imperfect) or if we make an error in production or implementation of your design, please contact us within 10 days of receiving the item and, upon approval, we’ll replace it at no additional cost. We only require that:
- You first provide us with a photo of the item showing our mistake. (We’ll show it to our designers to correct the problem).
- You return the item to us unused and in the same condition that you received it. (We’ll email you a prepaid shipping label.)
Please do not return any items to us without first letting us know-no refunds or replacements will be authorized without our prior approval.
We pride ourselves on concierge, above-and-beyond customer care. No matter what the issue, we want you to be obsessed with your order and your experience- so always reach out to us if you have any questions and we’ll work together to make it amazing! For all questions, comments, concerns and to notify us of a request for a return, refund or replacement of an item under our return policy, please email us at email@example.com.
YOU ACKNOWLEDGE AND AGREE THAT THIS RETURN POLICY IS YOUR SOLE REMEDY WITH RESPECT TO ANY CONTENT THAT YOU FIND OBJECTIONABLE OR OTHERWISE NOT SATISFACTORY.
e. Applicable Law; Venue
VIII. Intellectual Property
The Website and all brands, names, logos, together with all other graphics, images, page headers, button icons, scripts, functionalities, and service names, and all intellectual property rights arising therefrom or in connection therewith (collectively, the “IP”) included in or made available through any of the Website are our property or the property of our licensors, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. You may access and use the Website solely as a licensee, for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Content in any way.
No license, right, title, or interest in the Website is transferred to you as a result of your use of the Website or your accessing, viewing, downloading, or printing any portion of it. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the IP or the Website. Procedure for Making a Claim of Copyright Infringement
X. Disclaimer of Warranties
THE WEBSITE, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, AND/OR WE STORE LOCATIONS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS. ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. WE ARE NOT RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE TO YOUR PROPERTY OR DATA. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
XI. Limitation of Liability
WE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER AND LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE SUMS PAID BY YOU TO US IN THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
These Terms and Conditions are effective unless and until terminated by us in writing, or superseded by updated Terms and Conditions. We also may terminate these Terms and Conditions at any time and may do so immediately without notice, and deny you access to the Website, if we believe in our sole discretion that you failed to comply with any term or provision of these Terms and Conditions. Upon any termination of these Terms and Conditions, you must not retain any Content (other than Content you purchased and fully paid for) and must promptly return or destroy all unauthorized copies of any Content, whether made under these Terms and Conditions or otherwise.
XIII. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
These Terms and Conditions represent the complete agreement and understanding between you and us and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms and Conditions. These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and Conditions will remain in full force and effect. Our delay or failure to act with respect to a breach of these Terms and Conditions is not a waiver of our rights. You may not directly or indirectly assign or transfer any rights or obligations under these Terms and Conditions without our express prior written consent. We may assign, transfer, or sublicense any of our rights or obligations hereunder without restriction. Any use of the term “including” or variations thereof in these Terms and Conditions shall be construed as if followed by the phrase “without limitation.” These Terms and Conditions shall not be interpreted more strongly against us. Notices to you (including notices of changes to this these Terms and Conditions) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
XV. How to Contact Us
If you have any questions or comments, please contact us at https://shopinbtween.wpengine.com, or by mail at the following address: 16861 Pavilion Way, Delray Beach, Fl 33446. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at:
1625 North Market Blvd.,
Sacramento, CA 95834
or by telephone at (916) 445-1254 or (800) 952-5210.