Terms and Conditions

(as of November 21, 2020 going forward)

This website is owned and operated by Susan Robinson of Susan Sells Seashells. These terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors online shopping through our inventory of functional art. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

When buying an item, you agree that: 

(i) you are responsible for reading the full item listing before making a commitment to buy it: 

(ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. You may contact us for additional information about pricing and sales tax.

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes, possible transaction fees, and shipping charges will be charged directly to your account. And if you wish to set up a subscription, you will be charged (for product, taxes,possible transaction fees, and shipping) on a monthly basis to your payment method.

 

Payments:

A valid credit card is required at the time the order is placed. The order will not be processed until the credit card is provided. For custom orders, our company may charge the credit card at the time of production for 50% of the purchase price of the order. The balance and any additional shipping payment is charged prior to the time of shipping. All freight is the responsibility of Buyer. By providing credit card information on our website or otherwise, the buyer is irrevocably authorizing Susan Sells Seashells to charge the credit card for the entire purchase amount with freight at the time the order goes into production. 

Return and refund policy

As per company policy, customers are required to notify the business owner (via phone or email) of any changes in your order within 48 hours of making your purchase via email or phone and we will do our best to assess the issue appropriately. Some items may be returned for store credit. Due to the one of a kind nature of each piece, some items may be non refundable. 

 

Wholesale ordering information:

To qualify to be a wholesale buyer of Susan Sells Seashell goods, the buyer may be asked to submit a copy of their resale exemption certificate along with an executed copy of this Agreement with the order form/purchase order (“PO“). By placing a wholesale order with our store and providing the resale exemption certificate, the buyer is a representative of a currently valid retail business and that the transaction being made is a wholesale, tax exempt purchase for resale. All sales are final.

 

Shipment and Delay:

Delivery dates and lead time are estimates only and subject to change. Our company will not be liable for loss or damage due to delay or inability to deliver regardless of the reason for the delay or inability to deliver. Under no circumstance shall Susan Robinson of Susan Sells Seashells be liable for any special, consequential, incidental, indirect or liquidated damages, losses or expenses (even if caused by our company’s sole negligence or fault) arising directly or indirectly from delays or failure to give notice of delay or inability to deliver.

Measurements and Availability:

Our products conform to the examples displayed on our website and sampled in showrooms and trade shows. The look of our products and one of a kind handmade goods are approximations and may vary from piece to piece. Photography is a representation of merchandise, however, each piece may vary slightly.

Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

Warranties & responsibility for services and products

We make every commercially reasonable effort to securely pack merchandise with appropriate materials so we are not responsible for damage in transit,  so please inspect truck shipped merchandise prior to accepting and signing Bill of Lading. We does not insure packages with the carrier; if the buyer wishes to insure package(s), contact us at the time order is placed. If the shipment is damaged in transit Buyer agrees to contact the carrier and Susan Sells Seashells within forty-eight (48) hours of delivery. Buyer agrees to save all packaging materials and product, as they will be required by carrier for claim. Furthermore, Buyer agrees to not cancel or contest payment or deduct from any open invoice any amount due to Susan Robinson as a result of a damage claim. Carrier will conduct an investigation for the damage claim and the carrier and will contact the buyer once the investigation is completed to resolve the issue. When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. The customer will be responsible for the costs of shipment of the product to us and back to them.

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Susan Robinson of Susan Sells Seashells. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by sending us any photo content via phone or email, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

Indemnification

Buyer agrees to indemnify, defend and hold harmless Susan Robinson of Susan Sells Seashells and defend any action brought against same with respect to any claim, demand, cause of action, loss, debt or liability, expenses(including attorneys’ fees) to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any Buyer Agreements hereunder; and/or (ii) arises out of Buyer negligence, willful misconduct, or the breach of this Agreement.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Susan Robinson of Susan Sells Seashells, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service. 

To the maximum extent permitted by applicable law, Susan Robinson of Susan Sells Seashells assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us via phone or email at any time. 

 

Preference of law and dispute resolution/Jurisdiction

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Hawaii, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Honolulu. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded. This Agreement has been entered into and shall be governed by the laws of the State of Hawaii. All parties agree that Honolulu courts have jurisdiction.

Customer support details & contact info

For support details please contact us at magpieshells@gmail.com or call us at 949-371-1958. 


 

Privacy Policy

(as of November 21, 2020 going forward)

We only collect and store any data that may help us serve you better or customize your experience. We only collect and store any information you enter on our website or provide us in any other way (such as: your name, email information, phone number, billing information, etc). We also collect the Internet protocol (IP) address used to connect your computer to the Internet. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.

When you conduct a transaction on our website, as part of the process, we collect personal information you give us as mentioned above. Your personal information will be used to help us serve you better, customize your experience, or contact you back about your request.  

We collect such Non-personal and Personal Information for the following purposes:

  • To provide and operate the Services;

  • To provide our Users with ongoing customer assistance and technical support;

  • To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;

  • To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; 

  • To comply with any applicable laws and regulations.

 

We do not sell any data collected on our site. Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. 

All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

 

We may contact you via email, telephone, text message to notify you regarding your purchases, to send updates about our company, or as otherwise necessary. We will not contact you without your consent. If you are no longer interested in receiving updates, please call or email us at any time and we will be happy to take you off of our contact list.  

 

We do use some third-party services, such as Google Analytics or other applications offered through the Wix App Market, that may place cookies or utilize other tracking technologies through Wix´s services, they have their own policies regarding how they collect and store information. As these are external services with their own separate privacy and cookie policies. If you don’t want us to process your data anymore, please contact us at magpieshells@gmail.com or call us at 949-371-1958. 

 

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. 

If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at magpieshells@gmail.com or call us at 949-371-1958.