Terms of Use

 

Dated: Dec 1, 2014

Revised  June 3, 2017

 

Thank you for shopping at Sandbar Boutique online by visiting www.sandbarboutique.com.  Sandbar Boutique LLC operates as Sandbar Boutique and will be referred to as Sandbar Boutique throughout these Terms.  Please note that your use of this website constitutes your agreement to follow and be bound by the policies and Terms set herein.  We reserve the right to update or modify these Terms at any time without prior notice.  Therefore, we encourage you to review these Terms whenever you visit our website. Please contact our Customer Care Department at 248.987.4811 or email us at customercare@sandbarboutique.com if you have questions about any of our terms or policies.

Limitation of Liability

Although we do our best to guard against site malfunctions, Sandbar Boutique does not guarantee nor warrant that the function or operation of this website will continue uninterrupted, that defects will be corrected, or that this website or the server that makes it available will be free of errors or viruses.  As a user of this website, you assume full responsibility for any costs associated with the use of this website, and you agree that your access of this website is undertaken at your own risk. Sandbar Boutique shall not be liable for damages of any kind related to your use of or inability to access or use this website.

 

Site Contents

This website, www.sandbarboutique.com is expressly owned and operated by Sandbar Boutique LLC, Farmington Hills, MI.  Unless otherwise noted, content featured on this website including text, images, illustrations, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property in such materials are owned or controlled by Sandbar Boutique, or used with written, verbal, or implied permission of the product supplier, its owner or company officer with the authority to approve such usage.  Content is provided solely for your personal, non-commercial use.  No right, title or interest in downloaded content is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit content in any way.

 

User-Generated Content

Your comments,suggestions, ideas or other communications submtted to us is and will remain the property of Sandbar Boutique, and whether via email, postal mail, or otherwise, will constitute an assignment to Sandbar Boutique.  We will be entitled to use, reproduce, disclose, publish and distribute your comments (or any part thereof, in edited or modified form) for any purpose whatsoever, without compensation to you.  You agree that: your comments will not violate rights of any third party, including but not limited to, copyright, trademark, privacy or other personal or proprietary rights; your comments will not contain libelous or otherwise unlawful, abusive or obscene materials; and you will not transmit any computer virus or other malware that could affect operation of our website.  Any such disclosure by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding such submission.  Unless required by law, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments without first obtaining your permission.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Sandbar Boutique or third parties as to the origins of any comments.  You are solely responsible for any comments you make and their accuracy. Sandbar Boutique takes no responsibility and assumes no liability for any comments posted by you or any third party.

 

Product Display, Information & Innaccuracies

We attempt to display the products featured on our website as accurately as possible, however we cannot guarantee that your monitor or personal device will accurately display the item's actual color, texture or detail.  We also strive to present recent, accurate and reliable information at all times.  However, there may be times when information featured on this website may contain errors, inaccuracies or incomplete data including typographical errors, misspellings, inaccuracies in pricing, description, promotions, sizing, fabrication, color or availability.  Such errors are unintentional and we apologize if erroneous information in any way affects your order. We reserve the right to correct errors and update product information at any time without prior notice, including after your order has been placed.  In the event that any merchandise is listed at an incorrect price due to any error, Sandbar Boutique will make every attempt to contact the customer and advise them of the error.  We shall have the right to cancel any orders placed for such incorrectly priced merchandise regardless to whether the order has been confirmed or your credit card charged.  If your credit card has already been charged for the purchase and your order is canceled, Sandbar Boutique will issue a credit to your credit card in the amount of the incorrectly charged price. 

 

Pricing, Adjustments & Site Transactions

Prices are quoted in U.S Dollars and are valid in the United States, Canada and international jurisdictions to which we sell.  We reserve the right to change pricing at any time.  At this time we accept orders placed in the United States, Canada and specific European countries, and we ship to addresses therein.  We do not accept orders placed outside of specified countries and jurisdictions, nor ship to those addresses. Please see our Shipping & Handling page for more info on Canadian orders and shipping.

 

Please note due to the seasonal nature of our merchandise, our pricing structure and frequent promotional events, we are unable to extend price adjustments on any merchandise at any time whether regular or sale-priced.  Further, there are no refunds or price adjustments on "Clearance" merchandise or items marked "Final Sale".

 

We reserve the right to refuse any order placed with us or to 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.  We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors.  If we limit or cancel an order, we will attempt to notify you through email, billing address or the telephone number you provided when the order was placed.

 

Sale & Promotional Events

Sandbar Boutique often has sales and promotional events, usually of, but not limited to two types: 

1.  Percentage Off regular or sale-priced merchandise 

2.  Specific dollar amount off of a minimum dollar purchase

 

Sale & Promo Event details are always described on the Shopping Bag page under "Current Promo".  Promotional event types may run separately or concurrently.  "Percentage off" promotional events may or may not require a code, and may or may not run for a set time period.

 

However, promotions offering a specific dollar amount off a minimum purchase (i.e. $10 off $99+ purchase), require a code and are valid during a set time period.  By entering into and completing such a transaction, the customer agrees to purchase merchandise at least equal to the promotion's stated minimum dollar amount.  If a transaction is completed that does not meet the minimum purchase required, and the promotional dollar amount off is applied, we reserve the right to contact the customer within 24 hours of of purchase to modify the order.  (i.e. customer purchases $79 and enters code for $10 off, but the minimum purchase required to use the promo code is $99).  We recognize that these occurences are rare and usually unintentional, so we will glady work with our customers regarding their orders.  If, however, the customer chooses to cancel the order, we will issue a complete refund in a timely manner. 

 

Inventory Availability

We make every effort to maintain an accurate count of our online merchandise, and consistently update our website to reflect product availability.  However there may be occasions when an item shows as available when it is no longer in-stock.  If you place an order for an item that is no longer available, we will promptly attempt to notify you using the contact information you provided during your transaction including phone number, email, text, billing and/or shipping address.  You will have the option of selecting another item or receiving a refund.  If you have questions regarding merchandise availability, please call our Customer Care Department at 248.987.4811 or email us at customercare@sandbarboutique.com

 

Links to Other Websites

This website may contain links to websites owned and controlled by third parties.  These links are provided solely for your information and convenience.  We have no control over or responsibility for third party websites which you use at your own risk.

 

Privacy & Security

Our Privacy & Security Policy describes the information we collect from or about you, and how we collect, use and share that information. Your submission of personal information through this website is governed by this policy.  For full details, please review the entire policy.  These Terms incorporate by reference the terms and conditions of this website’s  Privacy & Security Policy.                                  .

 

No Unlawful or Prohibited Use

As a condition of your use of this website, you warrant to Sandbar Boutique that you shall not use this website for any purpose that is unlawful or prohibited by this website’s Terms.

 

Indemnification

You agree to indemnify, defend, and hold harmless Sandbar Boutique, its officers, directors, employees, agents, licensors, successors, and assigns from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this website using your Internet account.

 

Disclaimer

This website and all content on this website are provided on an "as is" basis without warranties of any kind, neither express nor implied, including without limitation, warranties of title, implied warranties of merchantability, implied warranties of fitness for a particular purpose, or non-infringement of intellectual property.  We disclaim any duty to update or revise any content on this website, although we may modify content at any time without prior notice.  We shall not be liable for damages of any kind related to or arising out of your use of this website.

 

Dispute Resolution, Choice of Law and Forum

In the event of any claim, action or dispute initiated by you related to or arising out of any sandbarboutique.com transaction, your use of this website, or the breach, interpretation or validity of the Terms, the party asserting the Dispute will first attempt to resolve such Dispute in good faith, by providing written notice to the other party (via certified mail, return receipt requested or express delivery carrier) describing the facts and circumstances (including any relevant documentation) and allowing the receiving party at least thirty days in which to respond to or resolve the Dispute.  If to Sandbar Boutique, notice will be sent to Sandbar Boutique LLC, Legal, 35560 Grand River Ave, Suite 248, Farmington Hills, MI  48335.  If to you, notice will be sent to your last used billing address or the billing and/or shipping address in your online profile.  Both you and Sandbar Boutique agree that this dispute resolution procedure is a condition precedent to the filing of any litigation against the other.  Any claim or action initiated by you related to or arising out of your use of this website or the Terms will be resolved only by state or federal courts located in Oakland County, Michigan.  The Terms will be construed in accordance with the laws of the State of Michigan, without regard to any conflict of laws provision.or these Terms shall be resolved only by state or federal courts located in Oakland County, Michigan.

 

Waiver

Waiver of any of these Terms shall not be considered as a waiver of any other of these Terms.  If any Term is deemed unenforceable or invalid for any reason, that provision shall be severable from remaining provisions, which shall remain in full force and effect.  These Terms constitute the entire agreement between you and Sandbar Boutique regarding your use of this website.

  

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