TERMS AND CONDITIONS

Welcome to the CRAFTED BY DESIGN website, WWW.CBD4CBD.COM (the "Website").

CRAFTED BY DESIGN provides the content and services available on the Website to you subject to the following terms and conditions ("Terms and Conditions"). Please read these Terms and Conditions carefully before using the Website. If you do not agree to these Terms and Conditions, please do not use the Website.

PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITE.

TERMS & CONDITIONS

Last Updated: 12/01/2023

1. PRIVACY: Please review our Privacy Policy which also governs your visit to the Website, for details about what information we collect and how we use it. This policy explains how we treat your personal information, and how we protect your privacy when you use the Service. You agree to the use of your data in accordance with our Privacy Policy.

2. TERMS OF SALE: All product descriptions and prices are subject to change without notice. Despite our efforts, occasional pricing errors may occur on the Website. Possession of, or access to, the Website does not constitute the right to purchase products featured. CRAFTED BY DESIGN is not responsible for typographical or pricing errors. CRAFTED BY DESIGN reserves the right to revise pricing errors in its catalogs or its website and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. No CRAFTED BY DESIGN employee or agent has the authority to vary any of these terms and conditions governing any sale.

3. SHIPPING & DELIVERY: CRAFTED BY DESIGN sells and ships products to end user customers only through our Website, and application, and Customer Service Call Center. Details about our shipping and delivery policies are outlined in our Delivery Policy. By making a purchase, you agree to the terms of this policy.

4. RETURNS AND REFUNDS: Information about our return and refund policies is provided in our Return Policy. Please review this policy for details on returning products and requesting refunds.

5. WEBSITE INTENDED AUDIENCE: This Website is intended for and directed to residents of the United States. This Website is not intended for anyone under the age of 13. You must be 18 years old or the age of majority in your jurisdiction of residence to make a purchase on our Website.

6. ACCURACY OF INFORMATION: We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free. The Website is provided free of charge and on that basis we have no obligation to provide any maintenance or support services in relation to it and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Website.

7. INTELLECTUAL PROPERTY: All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of CRAFTED BY DESIGN, our affiliates, partners or licensors, and is protected by United States and international copyright laws.

The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of CRAFTED BY DESIGN, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to our California office at the address specified below.

CRAFTED BY DESIGN 

21143 HAWTHORNE BLVD SUITE 118

TORRANCE, CA 90503

8. ELECTRONIC COMMUNICATIONS: The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy and anti-spam laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

9. MOBILE FEATURES & TEXT MESSAGING: We may provide features and services for you to use on your mobile phone. These features and services may include, but are not limited to, browsing the Website from your mobile device, uploading content to the Website, receiving messages from the Website, downloading applications to your mobile phone, and accessing Website features (collectively known as "Mobile Features"). Your mobile carrier may charge you for standard messaging, data, and other fees when you use the Mobile Features. Your carrier may also prohibit or restrict certain Mobile Features, and some Mobile Features may not be compatible with your carrier or mobile device. If you have questions, please contact your carrier.

10. YOUR RESPONSIBILITIES AND OBLIGATIONS AS A USER: When accessing or using the Website, you must comply with these Terms and Conditions and any special warnings or instructions for access or use that are posted on the Website. You must always act in accordance with the law, custom, and in good faith. Using or accessing the Website in a manner that disrupts or damages the Website, its contents, or its security measures, or to harass or discredit CRAFTED BY DESIGN or its products, services, or personnel is strictly prohibited. Commercial use of the Website is also prohibited. You may not send unsolicited email (spam), or advertising or promotional materials to or through the Website. You may not use the Website to transmit, distribute, store, or destroy material that violates any applicable law or regulation, infringes on the intellectual property rights of others, violates the privacy or personal rights of others, or is libelous, obscene, threatening, abusive, or hateful. When accessing the Website through a third-party service (e.g. Facebook), you agree to abide by any third-party company policies and terms of use (such as Facebook, Twitter, or YouTube terms of use). If you fail to fulfill your obligations under these Terms and Conditions (including our Privacy Policy), you will be liable for any losses and damages incurred by CRAFTED BY DESIGN, our affiliates, partners, or licensors.

11. YOUR ACCOUNT: You may choose to register on the Website. If you do, you will be assigned an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account information, username, and password, and for restricting access to your computer. You accept full responsibility for all activities that occur under your account, username, and/or password. You agree to provide only accurate and truthful information. CRAFTED BY DESIGN reserves the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we determine, in our sole discretion, that it is in our best interest to do so.

12. LINKS TO THIRD-PARTY WEBSITES: CRAFTED BY DESIGN is not responsible for and assumes no liability for third-party sites linked to or from the Website, including but not limited to the content, web pages, products, services, or materials on those sites. While we may allow some links for convenience, it is not an endorsement of the referenced content, product, service, or supplier by CRAFTED BY DESIGN, our affiliates, or partners. Please note that the rules and privacy policies of linked sites may differ from those of CRAFTED BY DESIGN and you should review them before accessing those sites. We may, in our sole discretion, request that you remove any links to the Website. Upon receipt of such a request, you must immediately remove the link.

13. USER-GENERATED CONTENT: Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information that you provide to us (referred to as “User-Generated Content”) will be treated as non-proprietary and non-confidential. By submitting such information, you grant CRAFTED BY DESIGN a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display the information in any form, media, or technology, whether now known or later developed, alone or as part of other works. You acknowledge that your submission of User-Generated Content may not be returned and that we are not obligated to maintain confidentiality regarding such content.

14. COPYRIGHT AGENT: The Digital Millennium Copyright Act of 1998 (the "DMCA") provides a means for copyright owners to address material appearing on the internet that they believe infringes their rights under U.S. copyright law. In accordance with the DMCA, we may, at our discretion, terminate the accounts of users who repeatedly infringe on copyrights or other intellectual property rights of others. If you believe that your work has been copied and posted on our website in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information: a physical or electronic signature of the copyright owner or someone authorized to act on their behalf; a description of the copyrighted work that you claim has been infringed; the location of the material on our website that you believe is infringing; your address, phone number, and email address; a written statement indicating 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 under penalty of perjury that the information provided in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf. Any notification by a copyright owner or authorized party that fails to comply with the requirements of the DMCA shall not be considered adequate notice and shall not be deemed to give us actual knowledge of facts or circumstances related to infringing material or actions. Our copyright agent for receiving notices of claimed copyright infringement can be reached at Legal Department, CRAFTED BY DESIGN, 21143 Hawthorne Blvd. Suite 118, Torrance, CA 90503, or by emailing SUPPORT@CBD4CBD.

15. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless CRAFTED BY DESIGN, its affiliates, parent companies, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers from and against any losses, expenses, damages, and costs, including reasonable attorneys' fees, arising from any violation of these terms and conditions by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which case you will fully cooperate with us in asserting any available defenses.

This provision does not require you to indemnify us for any unscrupulous commercial practices by another party or for that party's fraud, deception, false promises, misrepresentation, concealment, suppression, or omission of any material fact in connection with our website.

16. REPRESENTATIONS AND WARRANTIES: CRAFTED BY DESIGN, a California based company, presents the website "as is" and makes no representations or warranties of any kind, whether express or implied, in relation to these terms and conditions or the website. This includes, but is not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose, except where such representations and warranties are not legally excludable.

17. LIMITATION OF LIABILITY: CRAFTED BY DESIGN is not responsible for timeliness, accuracy, unavailability, interruptions in availability, viruses, or other defects in the website or its contents. CRAFTED BY DESIGN will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind, including lost profits, in relation to the site, regardless of the form of action, whether in contract, tort, or otherwise, even if CRAFTED BY DESIGN has been advised of the possibility of such damages.

Notwithstanding the above, these disclaimers and limitations of liability do not exclude any product liability claims, statutory consumer rights, damages associated with personal injury, or damages resulting from CRAFTED BY DESIGN intentional misconduct, recklessness, fraud, or gross negligence.

The terms in this section are valid only to the extent permitted by applicable law.

18. JURISDICTION: Arbitration Agreement Please read this section carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court and have a jury hear your claims. This section contains procedures for mandatory binding arbitration and a class action waiver.

Mandatory Binding Arbitration: You and CRAFTED BY DESIGN agree to resolve any claims related to these terms and conditions through final and binding arbitration, except in the case where you have violated, or threatened to violate, CRAFTED BY DESIGN's intellectual property rights (such as trademark, trade secret, copyright, or patent rights). In such cases, CRAFTED BY DESIGN may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the website, or intellectual property infringement, without first engaging in arbitration or the informal dispute-resolution process.

What is Arbitration: Arbitration is less formal than a lawsuit in court and aims to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief as a court. If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

Arbitration Procedures: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration must be initiated through the Torrance Courthouse. Any dispute, controversy, or claim arising out of or related to these terms and conditions must be referred to and finally determined by arbitration in accordance with the Torrance Courthouse. To initiate arbitration, either you or CRAFTED BY DESIGN must do the following: Write a demand for arbitration, which must include a description of the claim and the amount of damages sought to be recovered.

19. SEVERABILITY: If any part of these Terms and Conditions is found to be invalid or unenforceable, or if it conflicts with California law, it will be adjusted or limited as needed to remove the invalidity or unenforceability or the conflict with the law. All other provisions of these Terms and Conditions will remain in effect.

20. CHANGES TO THIS AGREEMENT: We reserve the right to change these Terms and Conditions at any time, at our sole discretion, by posting the changes on the Website and updating the "Last Updated" date at the top of these Terms and Conditions. The changes will take effect immediately upon posting to the Website. If you do not agree with any changes, you should stop using the Website.

21. DISCLOSURE REQUIRED BY CALIFORNIA TRANSPARENCY IN SUPPLY CHAIN ACT: The California Transparency in Supply Chain Act went into effect in California on January 1, 2012. This act requires retail sellers and manufacturers doing business in California to disclose their efforts to eradicate slavery and human trafficking from their supply chains. CRAFTED BY DESIGN is committed to ethical and responsible global business practices and takes steps with its product suppliers to ensure compliance with its standards of conduct and all applicable laws.