Shipping Policy
Terms and Conditions of Sale
These terms and conditions of sale (the “Sale Terms”) are between you and , a Minnesota limited liability company (“Grim Beauties”) and effective as of the date of your purchase transaction (the “Purchase”). It is your obligation to review these Sale Terms before completing your Purchase. If you do not understand or have questions about the Sale Terms, please stop your Purchase and contact us at support@grimbeauties.com.
1. Sale. By completing your Purchase, you purchase from Grim Beauties, and Grim Beauties sells to you, the Products, subject to these Sale Terms.
1.1. Cancellations. Your ability to cancel the Purchase depends on the specific details of your Purchase. Some Purchases may not be able to be canceled. To cancel, please cancel by signing into your account or contacting us at support@grimbeauties.com.
1.2. Definitions
1.0.1. “Website” means the Grim Beauties website located at https://www.grimbeauties.com.
1.0.2. “Products” means the products that are the subject of the Purchase.
2. Payments
2.1. You shall pay the purchase price for the Products, plus all applicable sales taxes, shipping and handling fees, and other applicable fees or charges that have been disclosed to you in connection with the Purchase during the checkout process.
2.0.1. If you are exempt from sales taxes, or the Purchase is otherwise exempt from sales taxes, you must provide Grim Beauties with appropriate documentation, and Grim Beauties shall use reasonable efforts to avoid collecting sales taxes from you.
2.2. Shipping fees. Your Purchase is subject to the shipping fees set forth in your order during the checkout process. Additional shipping fees may apply if you are unable to accept delivery or refuse delivery, or if the shipping address is incorrect. Grim Beauties cannot calculate such potential additional fees in advance for every situation.
2.3.We will charge your method of payment as disclosed to you and agreed to by you during the Checkout Process.
3. Warranties
3.1. Warranty.
3.0.1. The Products have a 30-day warranty for defects in materials or workmanship.
3.0.2. If you have a warranty claim or you are otherwise dissatisfied with the Products for something not covered by the warranty, please contact us at support@grimbeauties.com, and we’ll see what we can do to help you.
3.0.3. Disclaimers
3.1.1. THE PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY EXCEPT AS EXPRESSLY PROVIDED IN THESE SALE TERMS. GRIM BEAUTIES DISCLAIMS ANY OTHER EXPRESS AND ALL IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
3.1.2. GRIM BEAUTIES DISCLAIMS ANY LIABILITY ARISING OUT OF OR RELATED TO YOUR PURCHASE OR USE OF THE PRODUCTS IF THE OFFER OR SALE OF THE PRODUCTS IS ILLEGAL IN YOUR JURISDICTION.
3.2. Returns/exchanges
3.0.1. Damaged
3.1.1. If your Products are damaged at the time of delivery, we will repair or replace them free of additional charge.
3.1.2. Please contact us at support@grimbeauties.com, and we will coordinate the return and repair/replacement process with you.
3.0.3. If, however, risk of loss transferred to you before shipping, then you will be responsible for arranging compensation for damages with the shipping company. Grim Beauties shall use reasonable efforts to assist you in proving that the Products were not damaged when transferred to the shipping company.
3.0.2. Defective
3.1.1. If the Products are defective and still within the warranty period, we will repair or replace them free of charge.
3.1.2. The Company will pay shipping to return a defective product. Please contact us at support@grimbeauties.com, and we will coordinate the return and repair/replacement process with you.
3.0.3. Wrong item
3.1.1. If you received one or more incorrect items instead of the Products, we will replace them free of additional charge.
3.1.2. Please contact us at support@grimbeauties.com, and we will coordinate the return and replacement process with you.
3.3. Exchanges and Returns. In some cases, you may be able to exchange a product or return it.
3.0.1. Products may be returned for a refund within 30 days days of purchase.
3.0.2. Please contact us at support@grimbeauties.com, and we will coordinate the return and replacement process with you.
3.0.3. Custom or personalized products may not be returned unless they are damaged or defective.
3.0.4. Products not returned in like-new condition may be subject to an adjustment in the applicable refund amount for wear and tear.
3.0.5. Products not returned in their original packaging, if applicable, may be subject to an adjustment in the applicable refund amount for repackaging.
3.0.6. The company will pay shipping for a non-warranty return or exchange if specific return policies are met for other items:
3.1.1. All jewelry must be unused and unopened in original condition and packaging.
3.1.2. All skincare products must be unused and unopened in original condition and packaging.
3.1.3. All candles, must be unused and in original condition.
4. Intellectual Property
4.1. Rights
4.0.1. Grim Beauties owns all intellectual property rights relating to the Grim Beauties brand and other content including: copyright, trademark, service mark, trade name, trade dress, logo, patents and patentable subject matter, trade secrets, and data elements and other Content that has or provides the “look and feel” of the Grim Beauties brand image, as well as our own content, including the text, graphics, programming (including source and object code), photographs, video, or audio contained in, displayed on, or embodied in, the Products (the “Intellectual Property”). Any other intellectual property not owned by Grim Beauties is the property of its respective owner or licensee, as the case may be.
4.0.2. We reserve all rights to all of our Intellectual Property. Your Purchase does not grant you any rights or licenses relating to the Intellectual Property, except as expressly provided for in these Sale Terms.
4.0.3. You may not display, copy, modify, create derivative works of, sell, or distribute any of the Intellectual Property, separately from a resale of the entire Product as a single whole, or use it separately in any other way for public or commercial purposes except in accordance with these Sale Terms.
4.2. Submissions. Any information, materials, suggestions, ideas, or comments you send to us (each, a “Submission”) that are not User Generated Content under the Terms, are deemed non-confidential. By sending us a Submission, you hereby grant, will grant, and agree to grant us an irrevocable and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform, and distribute the Submission for any purpose whatsoever (commercial or otherwise), in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, with no payment or other compensation to you. This grant includes the right to use the Submissions and any ideas, concepts, or know-how contained in the Submission for any purpose, including developing, manufacturing, distributing, or marketing products or services. Grim Beauties may use any such Submissions without obligation.
5. Additional Terms
5.1. Limitation of Liability. IN NO EVENT WILL GRIM BEAUTIES, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GRIM BEAUTIES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, AND IF GRIM BEAUTIES IS HELD RESPONSIBLE BY ANY COURT, THEN THE MAXIMUM LIABILITY OF GRIM BEAUTIES TO YOU FOR ANY TYPE OF DAMAGES WILL BE LIMITED TO THE AMOUNT YOU PAID GRIM BEAUTIES FOR GOODS OR SERVICES.
5.2. Indemnification. You shall indemnify, defend and hold harmless Grim Beauties, its affiliates, and their respective officers, directors, managers, agents, employees, and contractors from any losses or liabilities including reasonable attorneys’ fees and costs of suit, arising out of any claims, actions, demands, liabilities, and settlements, including third-party claims and causes of action, arising out of or related to any one or more of the following: (1) information, including Submissions, that you submit, transmit, or otherwise make available to us; (2) your breach of these Sale Terms; (3) any investigations of or involving you or your conduct by Grim Beauties, law enforcement, or governmental authorities; (4) your violation of any applicable law; and (5), if the offer or sale of the Products is illegal in your jurisdiction, your use of the Website to investigate, initiate, or complete a customer transaction.
5.3. Dispute Resolution
5.0.1. Governing Law. Minnesota law governs your Purchase and all disputes, claims, actions, suits, or other proceedings arising out of or related to your Purchase or these Sale Terms.
5.0.2. Venue. Any mediation, dispute, arbitration, or court proceeding based on or arising out of the Purchase or these Sale Terms must be brought in the state or federal courts sitting in Saint Cloud, Minnesota.
5.0.3. Jurisdiction. You and Grim Beauties hereby irrevocably consent to the personal jurisdiction by such courts. You and Grim Beauties represent that such courts are a convenient forum.
5.0.4. Fees and costs. The prevailing party in any action or proceeding under these Sale Terms will be entitled to recover legal fees and other costs reasonably incurred in that action or proceeding, in addition to any other relief to which the party may be entitled.
5.1. Entire Agreement. These Sale Terms and the terms of your Purchase chosen during the checkout process (the “Checkout Terms”) constitute the entire agreement between you and Grim Beauties. These Sale Terms supersede the Grim Beauties Terms of Use and Privacy Policy to the extent of any conflicts between them and these Sale Terms. Each of us represents to the other that we are not relying on any representations or promises not set forth in these Sale Terms or the Checkout Terms.
5.2. Waiver. The failure of Grim Beauties to enforce any term in these Sale Terms will not constitute a waiver of any term.
5.3. Severability. If any provision of these Sale Terms is found by a court to be unenforceable for any reason, it will not affect any other provision, and these Sale Terms will be construed without regard to the unenforceable provision.
5.4. Assignment. Grim Beauties may assign these Sale Terms or the Checkout Terms and may delegate any of its obligations.