Caribbeanorganicbeauty.com (the “Website”) is maintained and operated by Caribbean Organic Beauty LLC d/b/a COB (“we”, “us” or “COB”).
NOTE THAT THE ARBITRATION PROVISION BELOW REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST COB AND OUR AFFILIATES ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW.
Use of the Website:
If you have any questions or concerns about medical or health issues, you should contact a medical professional prior to using any products purchased on the Website.
Registration; User Names and Passwords:
You may be required to register with COB in order to purchase products or otherwise use certain features of the Website. Registration may require you to submit a user name and password. We may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Website, and you agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Website, to any third party. You are fully responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with the Website that occur in connection with your user name. You agree to immediately notify COB of any unauthorized use of your user name or password or any other breach of security related to your account, your user name or the Website, and to ensure that you “log off” and exit from your account with the Website (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
- use the Website for any illegal purpose;
- use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Website;
- frame portions of the Website within another website or establish links from any other website to any page of the Website other than the homepage reverse engineer, disassemble or create any derivative work of the Website; or resell use of, or access to, the Website to any third party without our prior written consent.
You agree not to post, transmit, or otherwise make available through or in connection with the Website:
- any information or materials that are or may be, or the posting, transmission or use of which is or may be: (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory or libelous; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic or otherwise objectionable; or (v) impersonating another person or protected by copyright, trademark, trade secret, right of publicity or privacy or any other third party proprietary right;
- any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking;”
- any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by COB in advance;
- or any personally identifiable information of another individual, without the prior consent of such individual.
Forums and Submissions:
COB may offer features through the Website that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as “Forums”). All of the rules of conduct described in the Unauthorized Use provision above apply to the Forums. Additionally, without COB’s express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other COB Website visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Forums or otherwise through the Website (“Submissions”), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by COB without restriction. You grant to COB the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the Website complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the Website. The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of COB, and COB does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Website at any time if we deem removal to be warranted. Removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that COB has no control over, and shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Website. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
All transactions made through the Website are subject to our acceptance in our sole discretion.COB reserves the right, with or without prior notice:
- to change product or service descriptions, images and references;
- to limit the available quantity of any product or service;
- to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion;
- to prevent or prohibit any user or customer from making any or all transaction(s); and/or
- to cancel any order or refuse to provide any user or customer with any product or service.
Price and availability of any product or service offered through the Website are subject to change without notice, and COB shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to COB’s refund policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchases.
COB RewardsThe following actions earn points under the COB Rewards program:
- Joining the program
- Referring a friend who makes an eligible purchase
- Your Birthday
- Following COB on Instagram
- Making the first purchase
- 0,05 point for each $1 spent
Customers can redeem their points for a discount and/or selection of travel and full sized product. The products available online and in store may be different from time to time.
While COB uses reasonable efforts to include up-to-date information on the Website, COB makes no warranties or representations as to its accuracy or completeness. COB assumes no liability or responsibility for any errors or omissions in the content on the Website. Your use of the Website is at your own risk. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR PRODUCTS AVAILABLE THROUGH THE WEBSITE. FURTHER, COB DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COB SHALL NOT BE LIABLE FOR THE USE OF THE WEB-SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR THE PRODUCTS AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL COB BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL COB BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Limitation of Liability:
IN NO EVENT SHALL COB, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE EVEN IF COB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. COB IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. COB IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL COB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE WEBSITE.
- Our shipping terms for new orders may change at any time
- We currently do not ship to the U.S. and Europe. We only accept USD.
Governing Law; Venue:
PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Scope of the Arbitration Agreement.
Informal Dispute Resolution.
Either party asserting a dispute shall first try in good faith to resolve it by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and COB agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and COB also agree waive the right to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
Intellectual Property Disputes.
If you have in any manner violated or threatened to violate any of COB’s intellectual property rights, we may bring suit in Curaçao. You consent to exclusive jurisdiction and venue in these courts.
Last updated on December 10, 2020.