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SJ Creationsinc.com (the "Site")- Website Terms and Conditions of Use

This site and related services are provided subject to your compliance with the TERMS AND CONDITIONS set forth below. Please read the following information carefully. Your continued use of this site will indicate you to be bound by the TERMS AND CONDITIONS set for forth below. If you do not agree to be bound by the TERMS AND CONDITIONS, promptly exit this site.

1. Restrictions on Use

All pages within this Website and any material made available for download (collectively the “Site”) are the property of SJ Creations, Inc. and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of SJ Creations, Inc. Site for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by SJ Creations, Inc.

2. Trademark Notice

SJ Creations, SJ Spa, SJ Home, Spenser & Jensen Pure Organics are the logos, trademarks, and service marks of SJ Creations, Inc. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

3. Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

SJ CREATIONS, INC., ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although SJ Creations, Inc. attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform SJ Creations, Inc. so that it can be corrected. Information contained on the Site may be changed or updated without notice.

4. Confidential and Proprietary Information

SJ Creations, Inc does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to SJ Creations through the Site will be deemed NOT to be confidential. By sending SJ Creations any information or material, you grant SJ Creations an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that SJ Creations is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

5. Links to Our Site

If you desire to provide a hyperlink from your Website to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement.

6. Links or Pointers to Other Sites

SJ Creations makes no representations whatsoever about any other Website that you may access though this Site. When you access a non- SJ Creations Website, please understand that it is independent from SJ Creations and that SJ Creations has no control over the content on that Website. In addition, a hyperlink to a non- SJ Creations Website does not mean that SJ Creations endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

7. Choice of Law and Venue

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Diego in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney's fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

8. Entire Agreement

These Terms and Conditions constitute the entire agreement between SJ Creations and you pertaining to the subject matter of this Agreement. In its sole discretion, SJ Creations may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

9. No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to SJ Creations that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.




SJ Creations - Website Terms and Conditions of Sale

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

These terms and conditions apply to the purchase and sale of products and services through www.sjcreationsinc.com (referred to as the "site"). By placing an order for such products and services, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from this site. These terms and conditions are subject to change by SJ Creations (referred to as "us" or "we") without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any product and services that are available through this site. These terms and conditions are an integral part of the Site Terms of Use that apply generally to the use of our site. You should also carefully review our Privacy Policy before placing an order for goods or services through this site.

1. Order Acceptance and Cancellation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.

We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

2. Payment Terms and Sales Taxes

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.

We accept VISA, MasterCard, and Discover credit cards for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Purchase orders from businesses may be accepted upon credit approval of credit and payable on net 30-day terms or such other terms as we may approve or require. See Business Terms and Conditions for more information.

All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.

Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

3. Changes in Products and Pricing

We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.

All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

4. Shipping Policy

We offer a variety of shipping options to meet your shipping needs. We use only FedEx and USPS with Next Day, 2 Day and Ground delivery options available for many items. Where free ground shipping is applicable, we reseve the right to ship via FedEx or USPS. Please check the Shipping Information page for specific delivery options and time frames. All deliveries are insured and guaranteed against loss, theft and damage with the exception of Sugar Scrubs. Please see paragraph below regarding the shipping of Sugar Scrubs. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted.

We strongly suggest that when ordering Sugar Scrub you use only Ground shipping. The Sugar Scrub seal may be broken when the air pressure changes on an airplane and leaking may occur. SJ Creations does not guarantee and will not replace any leaking Sugar Scrubs if they are shipped Next Day or 2 Day.
The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization. There may be occasional delays beyond the posted order processing time. If the delay is more than seven business days, we will send you an e-mail message notifying you of the delay. If the delay will be less than seven business days, we will ship the product as soon as it is received. If your product is on backorder for more than 10 business days, we will send you an e-mail message asking if you want to cancel the order. If you do not advise us that you would like to cancel the order, we will keep the order active and continue to send you inquiries every 10 business days until the order is cancelled or delivery occurs.
These shipping terms are accepted by you by placing an order with us.

5. Advertising Disclaimer and Trademarks

The descriptions of products and services that are posted on our site are the representations of our products and our suppliers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.

All trademarks and registered trademarks relating to products and services available through our site are the sole property of their respective owners. Photographs courtesy of the respective manufacturers.

6. Disclaimer and Limitation of Liability

Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy set forth below.

ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR "AFFILIATES") HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

7. Warranty and Return Policy

While we do not offer any warranties with respect to the products and services available through our site, we are committed to working with you to ensure that every product performs to the manufacturer's specifications. We offer a 14-day return policy on selected items based on the manufacturer's return policies. To return products, you must e-mail our Returns Department at returns@sjcreationsinc.com with customer name, order #, item # and reason for the return. SJ Creations will send you an email with instructions on how to return your item and receive your refund. The customer must return the item within 14 days of SJ Creations issuance of any return shipping labels.

DEFECTIVE returns can be returned directly to us within 14 days from the invoice date and the following will be issued at our discretion: credit, replacement, exchange or repair. If your order arrives damaged, save the merchandise AND the original box and packing it arrived in, and notify us immediately at returns@sjcreationsinc.com. SJ Creations will respond with return instructions and any applicable return shipping labels.

SJ Creations 100% Satisfaction Guarantee

At SJ Creations, we have a 100% Satisfaction Guarantee. If at any time you are not completely satisfied with our products, you may email returns@sjcreationsinc.com, state your name, order #, item # and reason for return. We will respond and provide you with return instructions, as long as no more than 10% of the product has been used. All returned packages must be sent through a traceable and insurable method. Return shipping fees are non-refundable. All returns will be credited to the original form of payment (excluding shipping and handling charges). Please allow up to 21 days for us to receive your return and process your credit. Once the return is processed, we will send an e-mail confirmation of your credit. Please allow one to two billing cycles for the credit to appear on your statement.

8. Safe Shopping Guarantee

Your browser and our secure server encrypt confidential information during transmission, ensuring that transactions stay private and protected. We guarantee the safety of your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on our site, simply notify your credit card provider in accordance with its reporting rules and procedures. If, through no fault of your own, your credit card company finds credit card fraud but does not waive your entire liability for unauthorized charges, we will reimburse you for the remaining liability up to a maximum of $50. This guarantee applies to purchases made using our secure server (https: protocol).

9. Privacy and Customer Information

We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy.

At any time you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.

10. Service and Support

All requests for technical service and support with respect to the products and services available through our site should be made directly to the manufacturer in accordance with their terms and conditions as set forth. Should you have any other questions or concerns, you should contact us by e-mail at info@sjcreationsinc.com We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.

11. Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

12. Entire Agreement and Other Documents

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

13. Governing Law and Statute of Limitations

This site (excluding linked site) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of San Diego County and the United States District Court for the 50th District of California with respect to such matters.

Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.


14. Gift Cards

Looking for the perfect gift? Our gift cards can be purchased online in denominations of $20, $30, $50, and $100.

Gift Card Ordering and Shipping

Orders containing gift cards and no other merchandise will be shipped at no charge via USPS. Expedited Service is available (excluding APO/FPO addresses where gift card-only orders will be shipped via Standard Service) for a flat rate of $5.00. If you purchase a gift card(s) along with other items, the shipping charge related to the gift card(s) will be waived for Expedited Service.

Refunds, Order Cancellations or Modifications

Any refunds, order cancellations or modifications to an order resulting in an adjustment of the amount due to SJ Creations, Inc. will be applied to the original gift card within 1 business day.

Using your Gift Card

Gift cards are redeemable on-line at www.sjcreationsinc.com. To use your card on-line, it must have an 8 digit code that is located on the back of the card and on the side of the included product.

Gift Cards are redeemable for merchandise only and are not redeemable for cash, except where required by law.

Gift Card Balance

To obtain a gift card balance on-line, please have your gift card code available and click here.

Expiration

SJ Creations, Inc. Gift Cards do not expire and we do not assess any service fees for non-use.

Lost or Stolen Gift Cards

To report a lost or stolen Gift Card call 1-888-942-2280 or use the contact form on the website. The original sales receipt is required to replace the remaining balance on a lost or stolen Gift Card.

SJC MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A CARD NUMBER IS NON-FUNCTIONAL, YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Your purchase or use of a Gift Card constitutes acceptance of these Gift Card Terms and Conditions. These Gift Card Terms and Conditions are subject to change without notice. Gift Cards and their use on the SJ Creations, Inc. Web site are also subject to our Privacy Policy - Your Privacy Rights and Terms of Use.


15. Discounts

Become an SJ Creations Member and earn discounts! For every purchase, 10% of the total order price will be added to your Member Rewards Bank. Save up and save big on future purchases

Free Shipping Discounts do not apply when combined with other discounts or coupons

Free Shipping Discounts and Member Discounts do not apply to Wholesale Orders

Lost or Stolen Gift Cards

To report a lost or stolen Gift Card call 1-888-942-2280 or use the contact form on the website. The original sales receipt is required to replace the remaining balance on a lost or stolen Gift Card.

SJC MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A CARD NUMBER IS NON-FUNCTIONAL, YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Your purchase or use of a Gift Card constitutes acceptance of these Gift Card Terms and Conditions. These Gift Card Terms and Conditions are subject to change without notice. Gift Cards and their use on the SJ Creations, Inc. Web site are also subject to our Privacy Policy - Your Privacy Rights and Terms of Use.