OVERVIEW
This website is operated by SDW Inc operating as The Colored Sand Company. Throughout the site, the terms “we”, “us” and “our” refer to The Colored Sand Company. The Colored Sand Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including and not limited to all additional terms, conditions and policies referenced within and/or available via hyperlink when you engage in any “Service” provided by us, including and not limited to visiting our site, and/or making a purchase with us. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. Modifications to the Service & Prices
Price changes for our products may occur at any time at our free will. We are not responsible for providing notice of any price changes.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. The list of applicable postal codes for Same / Next Day delivery is subject to change based on availability from our courier. This service may pause or discontinue at any time, and the list of applicable postal codes may change without notice / at any time.
Sale / promotional prices / coupon codes listed anywhere, including but not limited to, newsletter emails, social media, physically distributed media, and on our website, are not applicable to previously placed orders, or in conjunction with any other promotions of any kind. We are also not able to cancel existing orders with the purpose of replacing at the sale price. Any coupon code distributed by Natura Market can be applied once per customer or per the same household (to be delivered to the same address) unless indicated otherwise. Sale prices are subject to change without notice, only apply to limited quantities, and may end sooner than any advertised dates without notice.
4. Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Quantities of products or services offered by us may be limited at any time at our sole discretion. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not offer wholesale accounts and do not sell products for resale purposes. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Should you still purchase items with a purpose of reselling at your own discretion, we would not be able to issue a refund, credit, or offer a replacement in case any damages occurred; we would not be able to accept any claims regarding short dated products.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We are well aware that not everyone will love everything we offer, however, no refund, credit or a replacement shall be offered based on customer's taste and preference.
You agree that liability of our claim coverage is limited to courier faults which includes: inaccurate / incorrect delivery drop offs, product/package damage in the hands of the courier, or any other inaccuracies caused by the third party courier in question. Please contact us right away if the proof of delivery indicates any of the inaccuracies so that we may start a claim with the courier service. Once a package is delivered accurately as indicated by the POD (Proof of Delivery) whether by signature requirement, indirect signature requirement (i.e.; concierge, building manager, neighbor, or any other party member eligible to accept a package on your behalf), or via photo confirmation of safe drop at your front door / parcel locker / other safe drop location, the responsibility of retrieving the package transfers to the customer. A package that is delivered safely to the correct address as per proof of delivery and is then stolen / taken / damaged due to prolonged pick up does not fall within our liability coverage, and is then to the discretion of the courier in question to proceed with a claim / investigation where necessary.It is the customer's responsibility to ensure that all information provided for the order is up to date and accurate. Should changes be needed, while not guaranteed, changes where necessary can be done if requested in a timely manner before your order ships out. Should a package be shipped and delivered to an incorrectly indicated address provided at the time of check out at the fault of the customer, we would not be able to accept the claim.
In the event of multiple orders being placed to the same location going to the same customer within a reasonable window of time (placed same or next day), will be shipped together to reduce an excess use of packaging materials as a means to reduce our carbon footprint. Should you require any special accommodations, we're happy to oblige, please contact out customer support in advance of your order(s) being shipped.
5. Accuracy, Completeness and Timeliness of Product Information
We are not liable for any inaccuracies, incomplete or outdated information made available on this site. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Always use the consumer package for nutritional information as formula and ingredient changes may occur at any time and may not match the website.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
6. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address
We may attempt to notify you of any order cancellation(s) or changes made to your order(s) by us via the email and/or phone number and/or billing address provided at the time the order was placed. We reserve the right to utilize our sole judgment to limit or prohibit and/or cancel orders that appear to be placed by resellers, dealers and distributors.
At point of purchase, you agree to refrain from providing fraudulent, incomplete, inaccurate and/or outdated billing and account information for all purchases made in our store. You agree to provide complete and accurate billing and account information including, but not limited to your email address, phone number, credit card numbers and expiration dates, and to promptly update your account and/or billing information if any changes occur to your information. For more detail, please review our Returns Policy.
7. Optional Tools
Access to optional third-party tools may be provided to you via our site to which we can not monitor, control or provide any input over. By using our Service, you agree that access to such tools is provided by us on an “as is” and “as available” basis without any warranties, representations, endorsement or conditions of any kind.
Any use by you of optional third-party tools provided through our site is entirely at your own risk. We will not be held accountable for any actions that occur as a result of your use of optional third-party tools.
You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8. Third-party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), You agree and acknowledge that we hold the right to, at any time, without restriction, using, editing, copying, publishing, and/or translating your submission to us in any medium at any time.
Under no obligation, we may monitor, edit, or remove content that in our sole discretion is deemed to be unlawful, offensive, threatening, libelous, defamatory, pornographic, a violation of copyright laws or any parties’ intellectual property or Terms of Service, obscene or otherwise objectionable.
You agree to refrain from submitting any comments that will violate any third party and their rights including but not limited to copyright, trademark, privacy, personality or proprietary right. You further agree to refrain from submitting any comments that contain abusive or obscene material, any computer virus or malware that could interfere by any means with any operation of the service or any related website, and any libelous or otherwise unlawful content. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
The Colored Sand Company does not stand by or support any and all opinions and / or content posted in the reviews of any of the products on our website and assumes no responsibility or liability for any content posted here. The Colored Sand Company retains the right to moderate, remove or edit reviews at will. While we moderate these for appropriateness, The Colored Sand Company is not obligated in any sense or means to moderate, remove or edit any reviews. Natura Market also reserves the right to not post any reviews. For any reviews placed through coloredsandcompany.com or any platforms associated or run by them, the reviewer automatically, irrevocably and perpetually gives the right to use this review and any content within (including the name that you submit in connection with such content). This includes but is not limited to use, modification, reproduction, translation, adaptation, publishing, or any and all works created, derived, displayed and distributed anywhere in any and all forms of media.
As the individual posting, you accept responsibility for any and all content you post and the subject matter within. By posting a review, you fully accept responsibility that this content be accurate to the best of your knowledge, that it does not contain the personal or sensitive information of any and all individual, company or entity (including yourself), or any information which may harm or lead to the harm or injury or any other person, company or entity. By posting a review, you indemnify The Colored Sand Company and any subsidiaries of any and all claims resulting from any content you post on our website, or any and all platforms associated or run by The Colored Sand Company.
Only those who purchase the product may post a review; reviews will only be compensated as per the Product Review Guidelines, and will only be compensated to the same customer a maximum of once. The Colored Sand Company reserves the right to reject any and all reviews without notice, and is not obligated to provide compensation in this case, or justification for rejecting the review and not providing compensation. A customer is defined by The Colored Sand Company as the individual placing the order, and is not designated based on unique accounts. The Colored Sand Company reserves the right to reject reviews if the same individual is placing reviews on the same product under multiple accounts, and revoke any credits accrued through duplicate account reviews at will and without notice.
10. Personal Information
Any submissions of personal information submitted to us is ruled by our Privacy Policy.
11. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
12. Prohibited Uses
We hold the right to terminate your use of the service or any related website for the prohibitions disclosed in the Terms of service. Additionally, your use of the service and any related website will be terminated if your usage of the website or any of its content constitutes any of the following (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Colored Sand Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury/reaction, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14. Indemnification
You agree to indemnify, defend and hold harmless The Colored Sand Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16. Termination
Any obligations and/or liabilities by all parties incurred during the agreement shall extend beyond the termination date of the agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
We have the right to terminate this agreement at any time without any notice to you and/or deny you access to the Service (or any part thereof at any point, if at our discretion, we have any reason to believe that you have failed to comply with any of the Terms of Service or provisions of these Terms of Service and the associated hyperlinks. You will be held liable for all and any amount due before, up to and including the date of termination.
17. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario, Canada.
19. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
20. Contact Information
Please direct any questions about the terms of service to us at info@coloredsandcompany.com.