Terms and Conditions

NewCoastal.shop (“Site”) is owned and operated by Coastal Marketplace, LLC. (“We”, “Us” or “New Coastal”). We are providing you with access to this Site subject to the following terms and conditions. By accessing this Site you are also bound by the current version of these Terms of Services (“Services”), all applicable laws and regulations, including compliance with any applicable local laws. These Services may be revised without notice, you should check this page regularly to take notice of any changes we may have made to the Terms of Services. By browsing, accessing, using, registering for or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Site.

You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.

ERRORS, INACCURACIES, OMISSIONS

Occasionally, there may be information on our site or in the Services that contain 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 Services or on any related website is inaccurate at any time without prior notice, except as required by law.

PRIVACY POLICY

Refer to our Privacy Policy, which dictates how we will use your information. By using this Site, you consent to the processing described therein and warrant that all data provided by you is accurate.

RETURN/EXCHANGE POLICY

Refer to our Return Policy, which dictates how we process merchandise returns.

USE OF THIS SITE

Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.

TERMS OF SALE

All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products that are restricted or prohibited for sale and/or use in your state or jurisdiction.

You agree that all your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.

When you place an order, you will receive an acknowledgment email confirming receipt of your order: this email acts as an acknowledgment and will constitute acceptance of your order. All orders are subject to availability. Upon fulfillment, a payment transaction will be completed. If for any reason, your order is not fulfilled, then a payment transaction will not occur, and you will receive an email notification explaining the status of your order.

When We ship to you, or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs.

By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or another method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled automatically.

Please allow 1-7 days for domestic delivery. Shipping confirmation will be delivered via email, once your order has been prepared. Typically, orders are processed for shipment the same business day and shipping confirmation is delivered within 24 hours, assuming the information provided is accurate, that you are an authorized user of the credit or debit card used to place your order and that payment is approved. Any discrepancies with your order may cause a delay in preparing your shipment.

All returns are governed by our Return Policy.

ELECTRONIC COMMUNICATION

When you use this Site or send emails to Us, you are communicating with us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.

OWNERSHIP

As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the “Site Content”), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws.

LINKING TO WEBSITES

You are permitted to link directly to our home page so long as the link: (a) is legally agreeable; (b) does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive manner (c) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (d) is on a website owned by yourself. At any time, we may withdraw this permission without notice.

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

We reserve the right at any time and in its sole discretion to request that you remove all links or any specific link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

THIRD-PARTY LINKS

This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site. 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.

RESTRICTIONS ON RIGHTS TO USE

You agree that you shall not download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms; or use this Site in any way that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or use this Site, intentionally or unintentionally, to violate any applicable local, state, federal or international law.

FEEDBACK

You can submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

FDA INFORMATION

These products have not been evaluated by the FDA. We make no claims pertaining to the results of using products containing CBD (cannabidiol). You must use your own discretion when purchasing a product from this website which contains CBD.

DISCLAIMERS

All statements made pertaining to our products have not been evaluated by the Food and Drug Administration. We do not make any promise of product performance, nor endorse any product as the specific cure for any specific ailment. In fact, we encourage all our customers to seek the advice of a medical professional before incorporating CBD into their healthy lifestyle, as CBD products may have interactions with other medications. Additionally, We do not make any representations regarding the potential/actual results or accuracy of recommendations pertaining to the use of the information on its website or otherwise relating to such materials or on any sites linked to this site.

Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site is provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either expressed, implied or statutory. To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). We do not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.

LIMITATION OF LIABILITY

Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty, shall be your right to return the product or receive a refund for the service under Our applicable return and exchange policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES, AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES, GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. Where limitations on implied warranties or limitations of liability for consequential or incidental damages are not allowed, this statement does not apply.

No agency, partnership, joint venture, or employment relationship results from these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding the use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy and any notices regarding the Site.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any Feedback that you provide; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify Us of any third-party Claims, cooperate with Us in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that We shall have the right to control the defense or settlement of any third-party Claims.

TERMINATION

You may terminate the Terms at any time by discontinuing your use of this Site. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.

MODIFICATIONS TO SITE

We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.

CONTACT US

Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at: [email protected]

Last Updated: 9/23/2019