Terms & Conditions

Please read these terms and conditions carefully before using our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: United States

Company (referred to as either “the Company”, “Charmed Beginnings”, “We”, “Us” or “Our” in this Agreement) refers to Charmed Beginnings, LLC, 1158 Birchdale Ln., Aurora, Illinois 60504.

Device means any device that can access the Service such as a computer, smart phone, or digital tablet.

Feedback means feedback, comments, or suggestions sent by You regarding the attributes, quality, performance, or features of our Service.

Goods refer to the items offered for sale on the Service, including the contents in any subscription boxes.

Orders mean a request by You to purchase Goods from Us.

Service refers to the Website and the products and services offered on it.

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as “Terms”) means these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Website refers to Charmed Beginnings, accessible from www.charmedbeginnings.com.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Charmed Beginnings, LLC. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

• Goods availability
• Errors in the description or prices for Goods
• Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions. Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them, or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession. To request a refund, You must make a request to Us at info@charmedbeginnings.com. You must request a refund within thirty days of the date of shipment. Once your refund request is processed, we will email you a return label, at which time you will be required to take the return label and Goods to your local FedEx store and ship them back. We will reimburse You in a commercially reasonable amount of time after We receive the returned Goods. We will use the same means of payment as You used for the Order. You will not be refunded shipping and handling costs or fees, which are non-refundable. You will not have any right to cancel an Order for the supply of any of the following Goods:

• The supply of Goods made to Your specifications or clearly personalized.
• The supply of Goods which according to their nature are not suitable to be returned, have been damaged due to misuse, lack of care, mishandling, accident, abuse, or other abnormal use, deteriorate rapidly or where the date of expiration is over.
• The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
• The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
• A subscription box or good contained within a subscription box, which We have already shipped.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

Unless otherwise provided in these Terms and Conditions, Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Discover, American Express cards or online payment methods (Amazon Pay, Google Pay, or Cash App Pay for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Shipping Protection

We offer optional Shipping Protection for $1.99/month, available as an add-on at checkout. This protection covers loss or damage during transit for subscription box deliveries. All packages are shipped using USPS or UPS through Pirate Ship. Most USPS and UPS labels include up to $100 of built-in insurance; however, shipments using the UPS Ground Saver service include only up to $20 of coverage. If your order value exceeds these standard coverage amounts or if your order is shipped via UPS Ground Saver, we may supplement the coverage with additional insurance through InsureShield Shipping Insurance, provided by UPS Capital Insurance Agency, Inc., to ensure full protection. Shipping protection is optional and is not required to complete your purchase. It supplements any express or implied warranties that may apply. Claims for loss or damage must be made directly with UPS Capital Insurance Agency, Inc. and may require proof of loss. Please file all claims promptly.

Subscriptions & Automatic Renewal

By purchasing a subscription, you agree to a recurring monthly subscription at the then-current monthly rate. You will be billed in advance once per month, and your subscription will automatically renew each month unless you cancel or pause it. You may cancel or pause your subscription at any time by logging into your account, navigating to Billing, and selecting Cancel Plan or Pause Plan. If you cancel or pause your subscription after your monthly payment has been processed, you will still receive both subscription boxes for that month. Canceling or pausing your subscription ensures it will not renew for the following month. You are responsible for all monthly charges until your subscription is canceled or paused. Subscription fees are non-refundable once billed, except where required by law. However, canceling or pausing prevents any future charges. If your payment method is declined or expires, you remain responsible for any outstanding balances. We may allow you to add an alternate payment method and reserve the right to charge any valid card you have on file to recover unpaid amounts.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current subscription period. The Company will provide You with reasonable prior notice of any change in subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Our services will be resolved by binding arbitration, rather than court. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.

You and we, Charmed Beginnings, LLC, hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CHARMED BEGINNINGS, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

You are also cautioned that it is your responsibility to review ingredients of each Good you receive from Us to avoid allergic reactions or other side effects.

Medical Disclaimer

This website contains general information about conception, pregnancy, pregnancy products and parenting. The information is not complete or comprehensive. You should not rely on the information on this website as an alternative to medical advice from your doctor or healthcare provider. Nothing contained on this web site should be construed nor is intended to be used for medical diagnosis or treatment. It should not be used in place of the advice of your physician or other qualified healthcare provider. Should you have any healthcare related questions, please call or see your physician or other qualified healthcare provider promptly. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet or fitness program.

By using the Services, you understand and accept We are not a doctor, medical professional, licensed nutritionist, or registered dietician. You understand and accept statements within the Services have not been evaluated by the Food and Drug Administration. No products or information are intended to diagnose, treat, cure or prevent any disease.

Governing Law

The laws of the State of Illinois, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least seven days’ notice prior to any new terms taking effect. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: info@charmedbeginnings.com