CUSTOMER INFORMATION AND GENERAL TERMS & CONDITIONS FOR THE UNITED STATES OF AMERICA (“USA”)
1. GENERAL
1.1. Applicability
These general terms and conditions and any policies or documents to which a link is provided herein apply to all orders placed through www.creativedropinc.com/jewelry (the “Website” or the “Site”). Throughout the Site, the terms “we”, “us” and “our” refer to Creativedrop, Inc. Creativedrop, Inc 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. Your use of this Site constitutes your agreement to these General Terms and Conditions.
Please read these General Terms and Conditions carefully before ordering Products (as defined below) from the Website. By ordering Our Products, you indicate that you consent to and shall comply with these General Terms and Conditions.
This Website may only be used by persons residing in the USA. This Website may not be used by persons in jurisdictions where access to or use of this Website, or any part of it, is illegal or prohibited. If you are accepting these Terms on behalf of a legal entity other than yourself as an individual, including a business or government, you represent and warrant that you have full legal authority to bind that entity to these General Terms and Conditions.
1.2. Contracting Party, Customer Service, and Warranty Claims
All complaints or warranty claims may be sent to:
Creativedrop, Inc.
19621 Babington Street
Canyon Country, CA 91351
Customer Service Department may be contacted using the following contact information:
Phone: + 1-661-360-7760 (Monday – Friday, 9:00 am – 5:00 pm, PST)
Email: info@creativedropinc.com
1.3. Eligibility
You are not eligible to use the Website or Products if doing so would violate any U.S. law or regulation, including but not limited to export controls or restrictions.
Creativedrop, Inc. only sells Products to adults over the age of 18 through the Website who can purchase its Products using an approved method of payment, which CreativeDrop, Inc., in its sole discretion, may change from time to time. By purchasing a Product using the Website, you represent to Creativerop, Inc. that you are legally an adult and that you are authorized to make the purchase using the payment information you provide. If you are under 18 years of age, then do not use this Website or purchase Products without the consent of your parent or guardian. When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Creativedrop, Inc.’s Products through your computer. If We have reason to believe that you do not fulfill any of these requirements, We reserve the right to cancel your order.
1.4. Amendment to the General Terms and Conditions
We reserve the right to make changes to the General Terms and Conditions at any time and any changes will be effective from the date the new General Terms and Conditions are published on the Website. You, and any use of this Website or Product purchase, will be subject to the version of the General Terms and Conditions in force at the time you order Products from the Website.
2. ACCEPTANCE OF PURCHASE ORDERS
2.1. Invitation
By completing the Check-Out process and clicking the “BUY NOW” button, you enter into a binding offer to purchase Products; however, all orders submitted by you are subject to acceptance by Us.
We are free, without liability, to refuse your offer to purchase for any reason in compliance with applicable laws. We may choose to not accept your purchase offer at our discretion, including for the following reasons:
a) Non-availability of Product(s);
b) Incorrectly priced Product(s);
c) Incorrectly described Product(s);
d) If We are unable to obtain authorization of your payment;
e) If We receive a negative credit alert when you pay by your credit card;
f) If there is reason to believe that you are in breach of the General Terms and Conditions;
g) If there is reason to believe that you are involved in fraudulent or criminal activities of any kind; and
h) If We have reason to believe that you are not a consumer but a commercial buyer.
2.2. Registration Process
When placing an order, you can use the “Guest Check-Out”, or you may register with Us. When you register an account with Us, We will save your information for future purchases but we will not save that information if you check out as a Guest. Both options require certain mandatory fields (name, surname, address, email address, phone number) on an order form. We will treat any information provided through the purchase process in accordance with these General Terms and Conditions.
When you create an account with Us, We may ask you to create and use a password to be able to access your information the next time you wish to purchase a Product. If you register an account with Us, you agree to keep your username and password or any other credentials always needed to login secure and confidential at all times. We are not responsible for any unauthorized access to your account or any ramifications of that access. You agree to inform Us immediately info@creativedropinc.com if you become aware of or suspect any unauthorized use of your password or if your password becomes available to an unauthorized party. We may suspend your access to the Website without liability to you, if in Our reasonable opinion, such action is necessary for safeguarding the Website.
You agree that the content you provide when you register on the Website is not misleading and is true, accurate and complete in all respects and you will notify Our Customer Service via email at info@creativedropinc.com of any changes to that content.
In the event prolonged inactivity causes your connection to the Website to fail, your selection of Products may be lost. In such case, you will be required to re-enter your selection.
2.3. Ordering Steps
Before you submit your order by clicking on the “BUY NOW” button, you will be given the opportunity to review your selection, check the total price of your order, correct any input errors and choose a payment and delivery method. Item availability, prices and delivery options may vary depending on the delivery destination.
After you have submitted your Product order, you will receive an order confirmation email with your billing and delivery address, order number, details of your chosen Products, final price and shipping mode. This email is solely a confirmation that We have received your order, not a confirmation that we have accepted and will fulfill your order.
We will confirm that we have accepted your order by:
(i) Sending an email confirming that the Products ordered have been dispatched; or
(ii) In the event you have selected the option to pre-order – where this service is available -sending you an email confirming that the pre-order request has been received and another confirming email that the Products have been dispatched.
Note: Variations in both the manufacturing processes and the display properties of the computer hardware you use to view the Website may affect the colors of the Products displayed on the Website and the Products delivered to you may differ in appearance in minor respects. We may also make minor changes to the Products to reflect changes in relevant laws and regulatory requirements.
After your order has been submitted, We will be able to change it as long as it has not shipped. If you wish to cancel your order or return the Product for a refund after it has been shipped, you must submit a return request to info@creativedropinc.com. See Section 7 below for further information on our Returns and Exchanges cancellation policy or contact Our Customer Service via email at info@creativedropinc.com.
2.4. Pre-Orders
We may invite you from time to time to pre-order selected Products online before they are available from Creativedrop, Inc. website (“Pre-Order Products”). If you order a Pre-Order Product, you will be charged after your item has shipped. Pre-Order Products will be shipped within the period as stated on the product page. If any changes occur to the shipping period, you will be notified via email.
3. AVAILABILITY
Products are available if they are in stock. Creativedrop,Inc. reserves the right to limit the number of Products that may be sold to you. The level of stock availability shown will be updated regularly but it does not guarantee that the Product checked will be available when you check out.
Note: Products in your shopping basket and on your Wishlist are not reserved and may be purchased by other customers and/or removed from your shopping basket. We reserve the right to change the Products offered for sale on the Website at any time without notice (but such changes will not apply to Products in respect of which you have submitted an order).
In the unlikely event the Products you have ordered are not available, We will notify you during the order process and you will be reimbursed via the payment method used to purchase the Product(s).
We are not liable if certain Products are not in stock or are not available.
4. PRICES AND ADDITIONAL COSTS
4.1. Prices of Products
Creativedrop Inc. reserves the right to change prices, terms, specifications, and warranties for products on this Website at any time and without prior notice. All prices of Products on the Website are the prices for the Products only. They do not include any applicable taxes, customs, duties, levies, or the charge for delivery (if any).
The total price of your order, including all ancillary and delivery costs, will be shown at the end of the Check-Out process. By confirming the order, you state that you agree to the price for the Products. The price cannot be adjusted after the completion of the Check-Out process.
4.2. Mispricing
Creativedrop, Inc. attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered and Creativedrop, Inc. reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, Creativedrop, Inc. will inform you of the error at which time you may cancel or reaffirm your order at your option.
4.3. Changes to Pricing
We may vary the prices of Products listed on the Website at any time and without any notice, but such changes will not apply to Products in respect of which you have submitted an order.
4.4 Creativedrop, Inc. Sale and Promotional Pricing Policy
We will periodically offer limited-time sales, extra savings, or other promotions, which are date and time bound discounts while supply lasts. This policy applies to all offers unless communicated otherwise at the time of the offer. OFFERS ARE NOT VALID FOR THE PURCHASES MADE IN PAST, BEFORE THE STARTING DATE OF THE OFFER. Offers are only valid on select, in-stock merchandise, while supplies last, as communicated at the time of the Offer. Offers cannot be combined or used in conjunction with any other discount, including employee discount, or used on prior purchases. Offers cannot be redeemed for cash, used to purchase gift cards, or used towards delivery charges. Your use of any offer constitutes your acceptance of this policy. No variance from this policy will be allowed except as may be otherwise communicated at the time of the offer, or where legally required. Creativedrop, Inc. reserves the right to extend, modify, eliminate, or reduce any offer at any time without prior notice. All purchases are subject to Creativedrop, Inc.’s delivery and returns policies and standard terms and conditions of sale, which continue to apply. If there is a conflict between this policy and the standard terms and conditions of sale, this policy will take priority to the extent necessary to resolve any conflict.
5. PAYMENT TERMS
5.1. Total Price
The purchase price for the products ordered by you through the Website is due when you submit your order through the Website. The total price for your order will be the purchase price of the Product(s) you have chosen including taxes and any additional costs (i.e. delivery costs etc.).
When Creativedrop, Inc. is required by law to collect applicable taxes relating to your order, you authorize Creativedrop, Inc. to charge the applicable taxes to your selected payment method.
5.2. Payment Methods
All information provided by you will be treated securely and strictly in accordance with all applicable data protection laws.
If you pay with a credit/debit card, you confirm that the credit/debit card that is being used is yours and is valid, and that all the credit/debit details you provide to Us, including payment information, name, and address details, are complete, correct, and accurate.
If the institution that issued the credit card refuses to authorize payment to Us, We will not accept your order and We are not liable for any delays or for failure to deliver and We are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank as a result of our processing of your credit/debit card payment in accordance with your order.
5.3. Debit Occurrence
According to the payment method you have chosen, we may authorize funds immediately after you submit your order.
5.4. Payment Conditions
For your security, the billing name and address must match the credit card or other method used for payment. We reserve the right to cancel any order that does not comply with this or with our other security criteria.
5.5. Consents
To safeguard your information, We may partner with third-party vendors who both process your payment information and conduct fraud prevention checks for purchases. You agree for Our eCommerce fraud prevention provider(s) to use automated decision making. Automated decision-making is the process of making a decision by automated means without any human involvement. These decisions can be based on factual data, as well as on digitally created profiles or inferred data.
5.6. Currency
We only accept payment in the form of USA currency.
6. DELIVERY AND RESERVATION OF TITLE
6.1. Delivery
Your Product(s) will be delivered to the delivery address you provide. Ensure that you provide a valid and correct shipping address. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once your order has been placed.
We will endeavor to dispatch your order in accordance with the estimated delivery times specified in the Check-Out process as you submit your order. If Our supply of the Products is delayed by an event outside of Our control, then We will contact you as soon as reasonably possible to let you know and We will take steps to minimize the effect of the delay. Provided We do this, We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact Us to terminate the contract and receive a refund for any Product(s) you have paid for but not received.
Note: We do not deliver to hotels or PO boxes or APO/FPO addresses.
We do not ship orders or schedule deliveries on public holidays therefore deliveries may take longer than expected during these periods.
Upon receipt, the shipment must be checked for accuracy and completeness.
We will make efforts to deliver the Products at a specific time if you have requested this, but generally cannot make binding promises to do so.
6.2. Reservation of Title
Until the purchase price is paid in its entirety, the Products remain Our property. With receipt of the Product, all risk of damage to, or loss of the Product shall pass to you.
7. CANCELLATION AND RETURNS PROCESS
7.1. Cancellation Process
Cancelation of an order may be possible if you contact Us via email at info@creativedropinc.com before the order is shipped. Make sure to include your order number and order confirmation email.
If cancelation is no longer possible, unwanted items can be returned in compliance with Our returns policy as described in Section 7.2. Alternatively, the parcel can also be refused upon arrival and our delivery partner will return the parcel to Our warehouse, with no extra charges to you. As soon as the Product reaches our warehouse, you will receive a return confirmation email and a full refund on the same payment method used to place the order.
7.2. Returns Process
You may return your online order up to 14 days after receipt (except for Gift Cards). To return your order complete the return form found https://creativedropinc.com/jewelry/
If you choose to return your Products, We shall reimburse to you all payments received from you, excluding shipping costs, if any. We will reimburse in the same means of payment as for the initial transaction.
Note: if you pay fully by Gift Card, the amount paid can only be reimbursed as a Gift Card. If partial payment is made by Gift Card, the amount paid via your chosen payment method will be reimbursed first via the same payment method. Any remaining amount will then be reimbursed to your Gift Card.
Allow approximately fourteen (14) business days for Us to complete the returns process. Once your online return has been processed, you will receive a return confirmation email and the refund will be processed. Refunds can take up to ten (10) business days to show on your account.
You can track your return parcel with the link provided by the return carrier.
Customized Products generally cannot be replaced or returned.
Note: if you decide to return only part of an order that has been purchased with a discount / promotion offer applied, the discount / promotion offer will be re-calculated. Additionally, if you decide to return only part of an order that has been purchased with a discount/promotion offer applied, the amount refunded will be subject to the minimum purchase amount placed on the offer, the value of the discount will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. If the items returned bring the remaining total below the minimum purchase level of the offer, then the discounted amount will be deducted from the refund amount.
8. LIMITED WARRANTY
We offer a one-year limited warranty for our Products. ANY WARRANTY IMPLIED BY STATE LAW ON THIS PRODUCT IS ALSO LIMITED IN DURATION TO THE LENGTH OF THIS EXPRESS WARRANTY. Some states, including New Jersey, do not allow limitations on how long an implied warranty lasts. Accordingly, if you live in these states, the above limitation on implied warranties does not apply to you.
Creativedrop, Inc.’s customer service department may be contacted Monday through Friday, between 9:00 am and 5:00 pm PST at the following:
Phone: +1-661-360-7760
Email: info@creativedropinc.com
LIABILITY
Nothing in these General Terms and Conditions shall have the effect of excluding or limiting in any way Our liability to you where it would be unlawful to do so. The rights of the consumers based on the consumer protection laws and product liability regulations in force are not affected by these General Terms and Conditions.
IN ANY ACTION UNDER OR RELATED TO THIS AGREEMENT, CREATIVEDROP, INC. SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY OR NOT AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE: 1) THIRD-PARTY CLAIMS FOR DAMAGES; 2) SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR 3) LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SOME DAMAGES, THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO THIS AGREEMENT DEPENDING ON WHERE YOU ARE LOCATED. EXCEPT FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY, CREATIVEDROP, INC. SHALL NOT BE LIABLE FOR MORE THAN THE AMOUNT OF ACTUAL DIRECT DAMAGES SUFFERED BY YOU, UP TO THE AMOUNT CUSTOMER PAID FOR THE PRODUCT(S).
10. DISPUTES
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND CREATIVEDROP, INC. MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
10.1 Arbitration
You and Creativedrop, Inc. agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of these General Terms and Conditions, your use of the Website, or to any products or services sold or distributed by Us or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Creativedrop, Inc.., Attn: Nadim Yahchouchi, 19621 Babington St., Canyon Country, CA 91351.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration hearing will be held in the Los Angeles County, California, United States. You or Creativedrop, Inc. may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Creativedrop, Inc. subject to the arbitrator’s discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Creativedrop, Inc. customers but is bound by rulings in prior arbitrations involving the same Creativedrop, Inc. customer to the extent required by applicable law.
The arbitrator’s award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
The seat of arbitration shall be Los Angeles, California. The applicable law in such arbitration shall be that of California.
The language of the arbitration shall be English.
10.2 Prohibition of Class, Representative, or Consolidated Actions
You and Creativedrop, Inc. agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action.
Unless both you and Creativedrop, Inc. agree otherwise, the arbitrator may not join more than one party’s claims and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Creativedrop, Inc. customers.
If for any reason a claim proceeds in court rather than in arbitration both you and CreativeDrop, Inc. each waive any right to a jury trial. You and Creativedrop, Inc. also both agree that you or Creativedrop, Inc. may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
10.3 Indemnification
You agree to defend, indemnify and hold harmless Creativedrop, Inc., its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Website or Products; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of your Content or Submissions caused damage to a third party; or (v) any conduct, activity or action that is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Website or Services. This defense and indemnification obligation will survive this Agreement and your use of the Website or Services.
11. DATA PROTECTION
Your personal data will be processed in accordance with our Privacy Statement. Additionally, where you use PayPal, Google Pay or Apple Pay, or other allowed payment methods as a payment method, your personal data will be handled in accordance with the PayPal, Google Pay, Apple Pay, or other payment provider’s privacy policies.
12. OTHER IMPORTANT TERMS
12.1. Nobody else has any rights under these GTCs
These General Terms and Conditions s are between you and Us. No other person shall have any rights to enforce any of its terms. These General Terms and Conditions contain the entire agreement between you and Us and supersedes all prior agreements, documents, or representations, whether written or oral, with respect to the subject matter hereof.
12.2. If a court finds part of these General Terms and Conditions illegal, the rest will continue in force
Each of the Sections of these General Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
12.3. Even if We delay in enforcing these General Terms and Conditions, We can still enforce our rights later
If We do not insist immediately that you do anything you are required to do under these General Terms and Conditions, or if We delay in taking steps against you in respect of your breaking these General Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent Us from taking steps against you at a later date.
12.4. These General Terms and Conditions may change
We reserve the right to make changes to the Website and these General Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the General Terms and Conditions in effect at the time of your use or purchase. You may not modify, supplement, delete, or amend these General Terms and Conditions in any manner without the express written agreement of Creativedrop, Inc.
12.5. Excusable non-performance by Us
If the performance of any of these General Terms and Conditions or any obligation hereunder by Creativedrop, Inc. is prevented, restricted, delayed or interfered with by reason of: (i) fire, flood, earthquake, explosion or other casualty or accident or act of God; (ii) strikes, labor disputes, embargoes or transportation delays; (iii) war, terrorism, riots, civil disorder or other violence; (iv) any law, order, proclamation, regulation, ordinance, demand, requirement or act of any governmental authority; (v) delay or nonperformance of suppliers or carriers; (vi) lack of or inability to procure supplies, materials or services; (vii) epidemics; pandemics; communicable disease emergencies; or (viii) any other cause beyond its reasonable control, to the extent permitted by applicable law, it shall be excused from such performance to the extent of such prevention, restriction, delay or interference.
12.6. Headings
The Section headings used in these General Terms and Conditions are for convenience only and do not form a part of these General Terms and Conditions and no construction or inference shall be derived from them.
12.7. Intellectual Property Rights
Creativedrop, Inc. retains all rights, title and interest (including copyright, design, trademarks, patents or other intellectual property rights) in all materials used on this Website, including but not limited to text, typefaces, names, product designs, logos, images, graphics, videos music, sounds, artworks, data, software, photographs, and other material.
You may freely browse the Content on the Website, but you are only permitted to download, view, or use such Content from the Website for your own personal, non-commercial use given that the Content and all copyright or other proprietary notices are kept intact. You may not modify, adapt, reproduce, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works or change the Website or its Content nor incorporate the Website or its content into any other website, online platform or similar. Any commercial use is forbidden without prior written permission from Creativedrop, Inc.
12.8. Applicable Law and Venue
By using this Website, you agree that the laws of the state of California shall govern these General Terms and Conditions without giving effect to any conflict of laws principles. Z
Creativedrop, Inc. reserves the right to make changes to the Website and these General Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the General Terms and Conditions in effect at the time of your use or purchase.
Last revised June 2022