TERMS OF USE
INTRODUCTION
Welcome to crabtree-evelyn.com. Please review the following Terms of Use, which govern your access to and use of this website and all other sites, services, and tools where these Terms of Use appear or are linked (collectively, the "Site"). As used in these Terms of Use, "Crabtree & Evelyn," "us," or "we" refers to Crabtree & Evelyn, Ltd.
Use of the Site constitutes your agreement to follow and be bound by these Terms of Use. We reserve the right to change these Terms of Use from time to time without prior notice. When we make changes, we will publish them here. For this reason, we encourage you to review these Terms of Use periodically when you use the Site. If at any time you do not accept all of these Terms of Use, you must immediately stop using the Site.
By visiting our website you accept and agree to be bound and abide by the Terms of Use and our Privacy Policy, incorporated herein by reference. Your access to and use of the Site is conditioned upon your acceptance and compliance with these Terms of Use and the Privacy Policy.
SITE CONTENT
The Site, all contents on the Site, including names, logos, images, illustrations, designs, icons, photographs, written materials, and video and audio clips, and all intellectual property rights in such contents (collectively, the "Contents") are owned by or licensed to Crabtree & Evelyn, Ltd. All intellectual property rights in the Contents are expressly reserved. The Site may be subject to one or more U.S. Patents used under license.
You may download or copy the Contents of this Site for your personal use only and only to the extent you do not modify or alter the Contents, delete or change any copyright or trademark notice, or violate these Terms of Use. No right, title, or interest in any Contents is transferred to you as a result of any such downloading or copying. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Contents for any commercial purpose, whether on behalf of yourself or on behalf of any third party, is prohibited.
USER COMMUNICATIONS
Crabtree & Evelyn welcomes your comments, ideas, suggestions, and other content submitted through or to the Site, and through social media applications, e-mail, telephone, or mail ("User Content") as long as the User Content complies with these Terms of Use.
You agree that Crabtree & Evelyn is under no obligation to treat any User Content as confidential or proprietary or to pay for or respond to any User Content. For any User Content you submit, you grant to Crabtree & Evelyn a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content, and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. You also grant to Crabtree & Evelyn the right (but not the obligation) to use the name that you submit in connection with any User Content. For these reasons, do not send us any User Content if you do not wish to license it to us or do not want us to use your name. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.
You agree to ensure that any User Content you submit is accurate, does not violate any law, does not violate any right of a third party, including copyright, trademark, privacy, or publicity rights, and will not cause injury to any person or entity. You further agree not to submit any User Content that contains or provides links to material that is obscene, profane, lewd, violent, or threatening or that contains viruses, malware, political campaigning, commercial solicitation, or any form of "spam". You agree not to use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Crabtree & Evelyn or third parties as to the origin of any User Content. You are solely responsible for the User Content you submit and agree to indemnify us for all claims resulting from any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) in our sole discretion to monitor, edit, and remove User Content. Crabtree & Evelyn assumes no liability for any User Content submitted by you or any third party.
LINKS TO OTHER WEBSITES
Links may be established from the Site to external websites operated by third parties. Your use of these third party websites is at your own risk. Crabtree & Evelyn makes no warranties or representations about any third party websites and is not responsible or liable for such websites, their content, products, privacy settings, terms, or other materials on or available from them. It is your responsibility to review and understand the terms, policies, settings, and functions of any third party website.
PRODUCT INFORMATION
The display of an item on the Site is not a guarantee that the item is currently in stock or that it will be available when you visit the Site at a later date. All descriptions, images, features, specifications and prices of our Products are subject to change at any time without notice. We reserve the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any product. If you have questions about the availability of a particular item, contact us here. Our Customer Care Team will make every effort to assist you. The prices quoted are in U.S. dollars and are subject to change. Purchase requests from addresses outside of the United States or its possessions cannot be filled.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). If you find an error, inaccuracy, or omission relating to a product you purchased your sole remedy is to return it in unused condition.
PRODUCT APPEARANCE
The exact appearance of each product on the Site will depend upon the quality and settings of your monitor and computer. For this reason, we cannot guarantee that your monitor's display of our products and packaging will be accurate.
SITE TRANSACTIONS
The products and services available on the Site, as well as complimentary samples we may provide to you, are for personal use only. We do not offer merchandise for resale. We reserve the right to refuse or limit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors, or otherwise violate these Terms of Use. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail, mailing address or telephone number provided at the time the order was made.
ACCOUNTS
In order to access certain features of the Site, you must successfully register an account with Crabtree & Evelyn.
If you would like to register for an account with us, you must provide your name, a working email address and a password. You may also have an opportunity to provide additional, optional information so that we can provide you a more customized experience when using the Site. Once you submit the required registration information, we will determine whether or not to approve your proposed account. If approved, you will be permitted to log in to your account with your password.
For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes.
You are responsible for complying with these Terms of Use when you use the Site, whether logged into your account or not. Because it is your account, it is your responsibility to maintain the confidentiality of your password(s). Should you believe your password or the security of your account has been breached in any way, you must immediately notify us.
PERSONAL INFORMATION
Your submission of personal information to or through the Site is also governed by the Privacy Policy. These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.
COPYRIGHT COMPLAINTS
If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Site, please provide our copyright agent with a written notice that includes the following:
• A description of the copyrighted work that you claim has been infringed;
• A description of the material that you claim is infringing;
• A description of where the material you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement that under penalty of perjury the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• An electronic or physical signature of the owner of the copyright interest or a person authorized to act on behalf of the owner of the copyright interest.
This procedure is only for reporting claims of copyright infringement. Crabtree & Evelyn's agent for notice of claims of copyright infringement on the Site can be reached as follows:
Crabtree & Evelyn, Ltd, c/o 15 Bonhill Street, London, EC2A 4DN
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ANY CONTENT AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. CRABTREE & EVELYN MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, AND MATERIALS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRABTREE & EVELYN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT CRABTREE & EVELYN SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, OR EXPENSES, INCLUDING GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, RELATED TO USE OF THE SITE. IF YOU ARE A NEW JERSEY RESIDENT, THIS LIMITATION OF LIABILITY SECTION IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.
INDEMNIFICATION
You agree to defend and indemnify Crabtree & Evelyn from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site, including any User Content submitted by you, and any breach by you of these Terms of Use. If you are a New Jersey resident, this indemnification clause is to be only as broad and inclusive as is permitted by the law of the state of New Jersey.
APPLICABLE LAW AND DISPUTE RESOLUTION
This site is created and controlled by Crabtree & Evelyn, Ltd. in the State of Connecticut, USA. These Terms of Use shall be construed in accordance with the laws of the State of Connecticut, without regard to any conflict of law provision. Any dispute relating to or arising out of these Terms of Use or the Site shall be resolved exclusively by the state and/or federal courts in the State of Connecticut. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Connecticut.
TERMINATION
These Terms of Use are effective unless and until terminated by either you or Crabtree & Evelyn. You may terminate these Terms of Use at any time provided you cease further use of the Site. We also may terminate these Terms of Use at any time without notice and, accordingly, may deny you access to the Site if, in our sole judgment, you fail to comply with any provision of these Terms of Use. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes.
CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Site are provided by Crabtree & Evelyn, Ltd. 102 Peake Brook Rd. Woodstock, CT 06281. If you have a question or complaint regarding the Site or products sold on the Site, please contact Customer Service here. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
