Welcome to the FLUID BEACH website, located at http://www.fluidbeach.com
These Terms and Conditions apply to the use of the Site. Your use of the Site means that you agree to these Terms and Conditions and constitutes a binding agreement between you and FLUID BEACH. Do not use the Site if you do not agree to these Terms and Conditions in their entirety. References in these Terms and Conditions to "we", "us" or "our" mean FLUID BEACH.
MERCHANDISE AND PURCHASES
Please keep in mind that while we might offer merchandise for sale on the Site, we cannot guarantee availability at a particular time. We reserve the right to change our merchandise offerings at any time. We also reserve the right to change prices, contents, features and offerings, and adjust accessibility, of the Site from time to time in our discretion.
To make purchases through the Site you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card; (ii) your credit card number; (iii) the credit card type; (iv) the security code for such credit card (usually on the back of the card); and (v) the date of expiration. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience, but within thirty (30) days of credit card authorization. . You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We shall not be liable in the event your children or others acting with or without your permission use your credit card to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
Orders shipped to addresses in the United States will be subject to appropriate sales tax, if applicable. In- stock merchandise will be shipped promptly after receipt of your order whenever possible. We will notify you via the email address that you provide if your merchandise is not in stock and we will let you know when the item will be shipped to you at a later date. You will receive an email confirmation with a tracking number once your order has been shipped. We are unable to ship to P.O. boxes or APO/FPO addresses.
RETURNS/EXCHANGES FOR RETAIL CUSTOMERS
You may return items purchased from the Site. Such items must be in saleable condition (in the original packaging if possible) and must be returned within 5 business days of the original delivery. No items may be returned if they have been worn. A refund will be made to the purchaser upon request if payment has been received. We will credit you in the same manner as your original payment within thirty (30) days of receiving the returned item. Please complete the section for returns on the packing-slip and enclose it in your return package.
please send the return to:
c/o Aimee David
350 west 14th street #2F
New York, NY 10014
WARRANTY DISCLAIMER; LIMITED LIABILITY
This Site, ALL Content available on this Site AND ALL MERCHANDISE SOLD ON THIS SITE are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of accuracy, warranties of title or implied warranties of merchantability or fitness for a particular purpose, except that FLUID BEACH assumes responsibility for the merchandise purchased by you being free of defects. Please take note of the care instructions for our products and follow the instructions. Due to the softness and delicate nature of the fabric care instructions must be adhered to we are not responsible for damage to garment made by wear.
SLIGHT VARIATIONS OF THE PRODUCT, IN PARTICULAR THE COLOR, DO NOT REPRESENT DEFECTS AND DO NOT GIVE RISE TO A WARRANTY CLAIM.
You acknowledge by your use of this Site that your use of this Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site..
The Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, graphics, photographs, images, video, and audio (collectively, "Materials" ) are copyrighted by or otherwise proprietary to FLUID BEACH and their affiliates, and are protected by copyright laws and other U.S. and international laws and treaties..
FLUID BEACH RETAINS ALL RIGHTS REGARDING THEIR TRADEMARKS, SERVICE MARKS, TRADE NAMES, BRAND NAMES AND TRADE DRESS. YOU ARE ALSO ADVISED THAT FLUID BEACH OR THEIR AFFILIATES WILL AGGRESSIVELY ENFORCE THEIR INTELLECTUAL PROPERTY RIGHTS TO THE FULLEST EXTENT OF THE LAW, INCLUDING THE SEEKING OF CIVIL REMEDIES AND CRIMINAL PROSECUTION.
These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. All users agree that any legal actions related to the Site shall be brought and conducted in the Borough of Manhattan, New York, and users hereby consent to jurisdiction of such county. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding these Terms and Conditions, please contact us at the following email address: FLUIDAIMEE@GMAIL.COM