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Terms & Conditions

TERMS AND CONDITIONS

1. Accepted forms of payment include: Visa, MasterCard, Discover, and American Express.

We accept payments electronically via our secure shopping cart, or over the phone. No CODs, checks, or money orders are accepted. Cash is acceptable for orders picked up in person.

2. Shipping: Most items will ship within three to seven business days after the credit card payment has been approved by Authorize.net. You will receive an automated email with a UPS ground tracking number when your order ships.

Shipping is via UPS ground. We ship to US physical addresses only, no P.O. boxes, per UPS policies. All shipping charges are calculated for the lower 48 states only; we do not ship to Alaska, Hawaii and Puerto Rico, or internationally. We do not offer expedited shipping due to the high cost; as much as five to ten times the cost of ground. We may, at our discrection, ship certain orders via USPS.

Damage Claims: Any claims for damage must be made to starfishandseashells.com within seven days of receipt of the order. "Receipt of order" is determined by the delivery date provided by the shipping carrier. You must contact us at claims@starfishandseashells.com. We will file the claim on your behalf with the shipping carrier. Please keep the broken items and ALL packing materials, including all inner and outer boxes and the peanuts/paper/bubble wrap. The damaged goods and packing materials must be made available for the shipping carrier's inspection, or claims will be denied. Damaged items must be returned before refunds can be issued. Insurance carrier claims decisions are final.

3. Returns: You may return most unused merchandise for a refund within 10 days of receipt of the order. "Receipt of order" is determined by the delivery date provided by the shipping carrier.

The following conditions apply to all returns:

  1. There are no returns on giant clam shells, glass floats, sea urchins, or sand dollars and items related to sand dollars including, but not limited to, sea pancakes and sea biscuits.
  2. There is a 20% restocking fee on all returns.
  3. Shipping charges are not refundable.
  4. You must contact us via email for a Return Merchandise Authorization at: returns@starfishandseashells.com. We cannot process returns received without an RMA.

Items must be returned with all original packing material. Returns must be insured, we are not responsible for returned items that arrive damaged, or do not arrive at all. Return shipping charges and insurance are the customer's responsibility unless the wrong item was shipped, including items that were shipped free. Once the items are recieved in unused, original condition, a refund will be made to the credit card used to pay for the order. 

4. Availability: We make every effort to keep inventory updated, but occasionally an item will become unavailable before an order is shipped. Items not available will not be back ordered or substituted. Your credit card will be refunded for any items not in stock.

5. Security: We never store any of your credit card information, nor do we have access to your credit card information. All orders are processed via a secure server.

6. Registration and Password: In the event that you register and/or purchase product through this Site, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the registration form. If You provide any information that is untrue, inaccurate, not current or incomplete, or StarfishandSeashells.com suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, StarfishandSeashells.com, in its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Site by You. You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify StarfishandSeashells.com of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. StarfishandSeashells.com will not be liable for any loss or damage arising from Your failure to comply with this paragraph.

7. Statements Made in Describing Goods. STARFISHANDSEASHELLS.COM DOES NOT WARRANT THAT THE WEB SITE OR THE MATERIALS CONTAINED THEREIN WILL BE ACCURATE, RELIABLE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STARFISHANDSEASHELLS.COM CANNOT BE HELD RESPONSIBLE FOR ERRORS AND OMISSIONS IN ANY CATALOG, PRODUCT ADVERTISING MATERIAL, OR SITE, ANY GLOSSARIES CONTAINED WITHIN THE WEB SITE, OR ANY SUPPLEMENTAL MATERIAL. MATERIAL ON THE SITE ALSO MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE; STARFISHANDSEASHELLS.COM WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SUCH INACCURACIES, ERRORS, CHANGES, OR UPDATES. STARFISHANDSEASHELLS.COM IN ITS SOLE DISCRETION MAY ADD, DELETE, OR CHANGE SOME OR ALL SERVICES OFFERED VIA THE WEB SITE AT ANY TIME.

8. Your Representations & Indemnification Obligation. You expressly represent and warrant to StarfishandSeashells.com that You will use this Site, and any products purchased from StarfishandSeashells.com, in accordance with all applicable local, state, national and international laws, and in accordance with these Terms and Conditions of Use. You agree to defend, indemnify, and hold harmless StarfishandSeashells.com, its subsidiaries, and affiliates, and all of their respective employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, assigns, agents, licensors, and third party providers to the Site from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (a) Your use of the Site; or (b) any breach by You of these Terms and Conditions of Use. You hereby waive and release StarfishandSeashells.com from all rights of contribution or indemnity to which You otherwise may be entitled. StarfishandSeashells.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with StarfishandSeashells.com in asserting any available defenses.

9. DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. STARFISHANDSEASHELLS.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, MERCHANDISE, OR PRODUCTS INCLUDED OR DISPLAYED ON THIS SITE OR ANY PRODUCTS OFFERED OR AVAILABLE THROUGH THE SITE OR THE CATALOG, EXCEPT AS SET FORTH BELOW. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STARFISHANDSEASHELLS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE STARFISHANDSEASHELLS.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

10. Intellectual Property Rights. All materials contained in the Site, including without limitation all images, text, illustrations, designs, icons, photographs, programs, and written and other materials that are distributed with this Site and all the products available on the Site, are the intellectual property owned, controlled or licensed by StarfishandSeashells.com, its affiliates or are owned by third parties and appear in the Site with the permission of their respective owners. Accordingly, such materials are protected by law, including but not limited to United States copyright, patent, trade secret, trade dress and trademark law, as well as other state, national, and international laws and regulations. StarfishandSeashells.com and its affiliates and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials that appear on this Site. Except as otherwise expressly provided in these Terms and Conditions of Use, access by You to this Site does not confer any license under any of StarfishandSeashells.com or any third party's intellectual property rights. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of StarfishandSeashells.com and is also protected by United States and international copyright law. You agree not to copy, modify, adapt, reproduce, publish, translate, distribute, transmit, display, reverse engineer, decompile, create derivative works from, sell or participate in the sale of, dissemble or in any way exploit any aspect of the Site. Please be aware that StarfishandSeashells.com actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

11. Communications on Internet; Events Beyond StarfishandSeashells.com's Control. Use of the Internet is solely at Your own risk and is subject to all applicable local, state, national, and international laws and regulations. While StarfishandSeashells.com has endeavored to create a secure and reliable Site, StarfishandSeashells.com and its affiliates are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained in the Site, or the consequences of any reliance by You on such information. You must make Your own determination as to these matters. StarfishandSeashells.com cannot guarantee that You will be able to access the Site at all times or that the Site will be secure, uninterrupted, or error-free, nor can StarfishandSeashells.com provide assurances that transactions will be completed properly. StarfishandSeashells.com is not responsible for failure to execute a purchase or technical problems that may hinder the efficacy of a purchase (including e-mail, transmission times or other delays). StarfishandSeashells.com and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond their reasonable control including, without limitation, acts of God, acts by You or by any of Your representatives or by any third parties, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses.

12. LIMITATION OF LIABILITY: NEITHER STARFISHANDSEASHELLS.COM NOR ITS PARENT, SUBSIDIARIES, OR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS, OR ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITE OR THE CATALOG, THE INABILITY TO USE THIS SITE, THE INFORMATION CONTAINED ON THE SITE OR THE CATALOG, PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOG, OR TRANSACTIONS CONDUCTED AT THE SITE OR ARISING FROM THE CATALOG, EVEN IF STARFISHANDSEASHELLS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF STARFISHANDSEASHELLS.COM OR ITS AFFILIATES ARISING DIRECTLY OR INDIRECTLY FROM THIS SITE OR ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOG EXCEED THE PURCHASE PRICE PAID BY YOU TO STARFISHANDSEASHELLS.COM FOR ANY SINGLE RELEVANT PRODUCT AT ISSUE. YOU HEREBY ACKNOWLEDGE THAT ALL OF THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF THE SITE OR THE CATALOG, THE INFORMATION CONTAINED ON THE SITE OR THE CATALOG, PRODUCTS AVAILABLE OR PURCHASED THROUGH THE SITE OR THE CATALOG, AND TRANSACTIONS CONDUCTED AT THE SITE OR ARISING FROM THE CATALOG.

13. Governing Law. This Site (excluding any links) is owned and controlled by StarfishandSeashells.com from its offices within the State of California, United States of America. Although this Site can be accessed from other locations, by accessing this Site, You agree that the statutes and laws of the State of California, without regard to conflict of laws, will apply to all matters relating to use of this Site. In addition, any action or proceeding arising out of or related to these Terms and Conditions of Use or Your use of this Site may be brought only in the state or federal courts of Orange County, California and You agree to and consent to the exclusive personal jurisdiction and venue of the courts in Orange County, California. You are responsible for Your own compliance with local laws regarding Internet use and access.

14. Chargebacks and Fraud. StarfishandSeashells.com does not tolerate credit card fraud, and all fraud, without exception, will be prosecuted to the full extent of the law. In addition, we will pursue civil legal action seeking any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues.

We log IP strings on all orders - any orders coming back as a chargeback due to fraudulent activities will be diligently pursued through your local jurisdiction for prosecution to the fullest extent of the law. In addition, StarfishandSeashells.com considers credit card chargebacks to be fraudulent if You have made no reasonable effort to work with us to resolve any problems with your purchase. Chargebacks not only cost us time away from our usual and customary matters of conducting normal business, but cost us money, therefore:

You agree that if You, the buyer, choose to do business with StarfishandSeashells.com, and You file a charge back with your credit card company, we will pursue legal action to recoup losses for our time associated with responding to the charge back in addition to any other fees explained above. You agree to reimburse us or any representative we may appoint for any legal expenses Your actions may make us incur.

In the event that You win the charge back with your credit card company, StarfishandSeashells.com will pursue recovery of disputed charges plus additional costs via a third-party collection agency, and Your account will be reported to all credit bureaus as a delinquent collection account. This may severely damage Your credit rating for at least the next seven (7) years. At this point, we will no longer accept a return of the merchandise as settlement for the debt and will only accept payment in full. In addition to this, if we believe the chargeback to be fraudulent in nature, StarfishandSeashells.com will file a report with your local police or sheriff’s department, and file a mail fraud complaint with the United States Postal Inspection Service.

Note: The customer must return any and all disputed merchandise to StarfishandSeashells.com before attempting a chargeback. NO EXCEPTIONS!

15. Miscellaneous: These Terms and Conditions of Use constitute the entire agreement between You and StarfishandSeashells.com relating to the subject matter addressed herein. If any portion of these Terms and Conditions of Use is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect. The Terms and Conditions of Use may be modified by StarfishandSeashells.com at any time on without prior notice, by posting such changes at the Site. Modifications required by law or designated by StarfishandSeashells.com will become effective immediately. Your continued use of the Site following notice of any such modification will be conclusively deemed your unconditional acceptance of the revised Terms and Conditions of Use. If any such revision is unacceptable to You, You should discontinue use of the Site immediately. A printed version of these Terms and Conditions of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of StarfishandSeashells.com to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit StarfishandSeashells.com's rights with respect to such breach or any subsequent breaches.