TERMS OF USE


Last updated January 31, 2011



Welcome to the Life’s a Beach Website (the “Site”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).

Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Sites. If you do not agree to these terms, please do not use the Site.

Site Transactions

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. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.


Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate.


Links to Other Web Sites and Services

The Site may contain links to other Web sites that are not under the control of Life’s a Beach. Life’s a Beach has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites’ users.

Disclaimer
The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Life’s a Beach expressly disclaims any duty to update or revise the materials on the Site, although Life’s a Beach may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Life’s a Beach shall not be liable for any damages of any kind related to your use of the Site.

Indemnification
You agree to defend, indemnify and hold Life’s a Beach harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

Choice of Law
This Agreement shall be construed in accordance with the laws of the State of North Carolina, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of North Carolina. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Life’s a Beach right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.

Termination
These terms are effective unless and until terminated by either you or Life’s a Beach You may terminate this Agreement at any time. Life’s a Beach also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

Ordering Procedure
When you see an item you love, please specify the quantity, size, and color options you prefer then click on “Add to Add to Cart.” After you add an item you may continue shopping until you are ready to complete your purchase. At any time you can click on “Shopping Cart” to confirm your items. After you have made any changes and updated the quantities as desired, click on “Go to Check Out” to finish. You will then be prompted to fill out shipping and billing information. Finish by clicking “Place Your Order.” Be sure to look out for a confirmation email in your inbox soon after.

Transaction History
All of your past purchases are safely stored and can be easily accessed by registering with us in “My Account.” Here you can check your order history online in the Order History area of your account. All of the details regarding past purchases will be conveniently stored for you in an organized listing.

Order Modification or Cancellation Policy
Orders may only be modified or canceled by phone within the same business day. So that we may ship orders as soon as possible, “business day” shall be considered Mon – Fri and ending at 5pm eastern time. Government holidays will not be considered a business day. If order is placed on Friday after 5pm, customer has until the following business day to make modifications or cancellations.

Telephone Orders
We are happy to help you over the phone! Call 866-OBX-PINK!

Online Credit
Online Credit is credit that may be used to purchase future orders only on Shoplifesabeach.com. You may receive Online Credit two ways:

1) A return that is refunded as Online Credit, as our return policy is for exchange or store credit only. If your purchase was made online you will be refunded by online credit to use at our online store only.

2) You may also receive Online Credit if you do not use the total credit amount in an online gift card. To use your online gift card, enter in the code provided in the gift card e-mail you received. Any remaining credit will be stored under your account as Online Credit.

To redeem your online credit, please sign in with the e-mail address that you received your order confirmation or online gift card to.

Online Credit Balance
You can view your Shoplifesabeach.com credit balance on your account page. You may also obtain your balance of Online Credit by e-mailing Life’s A Beach at fun@shoplifesabeach.com.

Gift Card Limits & Amounts
The minimum amount of credit issued to a gift card is $25. You may add more to a gift card in increments of $25, not to exceed $2000.

Shipping
Shipping rates are calculated according to weight, ship to address, and shipping method (Ground, 2-Day, or Overnight)
Each address you instruct us to ship to, including gift-recipient addresses, is considered a separate order and is subject to applicable shipping charges.

At this time we do not offer shipping options outside the continental US.

Please note, UPS does not offer Saturday delivery. In order to receive your order in time for the weekend use the following guidelines:

Overnight Shipping: please order by Thursday at Noon Eastern Standard Time
2nd Day: please order by Wednesday at Noon Eastern Standard Time
If you need to arrange Saturday delivery, please call 1-866-OBX-PINK and we will do our best to accommodate your request.

Please note, all orders totaling over $1,000 in value will require signature upon delivery.

Pending order verification and credit approval, orders placed prior to 5 pm Eastern Time will be processed and shipped out from our store within one business day. (Saturday, Sunday and holidays are not considered business days.)

Delivery
Orders that are successfully processed are shipped via UPS Ground unless an expedited UPS service is chosen. UPS doesn’t guarantee when your shipment will arrive, but generally you can expect your package to arrive according to the below time line based on the service level you select (please note these are AFTER we ship it out):

Standard Ground: Within 7 business days
2-Day: Within 2 business days
Overnight: Next business day (by end of day)

Delivery schedules are estimated. Actual delivery times may vary depending on shipping locations. When estimating package delivery time, please allow time for credit approval, address verification and order processing.

PO boxes or Military APO/FPO Addresses
We currently do not ship to PO Boxes or Military APO/FPO addresses. We currently ship to the United States and Canada from our online store. Please call 1-866-OBX-PINK so that we may assist you with your order.

E-mail Confirmation/Shipment Tracking
After you complete your transaction at Shoplifesabeach.com, an e-mail containing the details of your order and order confirmation number will be sent to your specified e-mail address.

Shipping to Another Address Other Than Your Own
You can ship to another address besides your own. When prompted to fill out shipping information, specify the shipping address you wish to send your purchase. When prompted for the billing address, fill out your own address.

Return Policy
Returns are accepted on FULL PRICE ITEMS for exchange or store credit only. SALE ITEMS ARE A FINAL SALE. We do not refund to credit cards unless the item is damaged or un-wearable in some way. This credit must be approved by store manager.

Returns may be made only to Life’s A Beach in-store or online. If merchandise was purchased online, customer will receive Online Credit to their online account. Online returns must be called in prior to shipping back to our store. If purchased and returned in-store, customer will receive store credit to be used in-store or by phone only.

Exchange Shipping
Customer is responsible for shipping charges to return to store. Shipment of exchanged item will be free and will ship via United States Postal Service unless UPS is requested. If UPS is requested, there will be a shipping fee on the exchanged item.

Website Problems
Please email us at fun@shoplifesabeach.com, and we’ll see if we can fix the problem as soon as possible.