Terms and Conditions

I. Introduction

 

This website (MysticCC.com for the business known as Mystic Crystal Creations) is owned and operated by Randy Mason. Throughout the site, the terms “we,” “us,” and “our” refer to Mystic Crystal Creations and Randy Mason. These Terms set forth the terms and conditions under which you may use this website and its services as offered by us. This website offers visitors an opportunity to browse and purchase handmade beaded jewelry. By accessing or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the terms and conditions that follow (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, without limitation.

 

Please read these Terms of Service carefully before accessing or using our website. We offer 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 herein. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms, policies, notices, and conditions of this agreement, then you may not access the website or use any Services.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Our shop is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

 

II. User Requirements

 

In order to use our website and/or receive our services, you must be of the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

III. Key Commercial Terms

 

When buying an item, you agree that (i) you are responsible for reading the full item listing before making a commitment to buy it; (ii) when you commit to buy an item and you complete the check-out payment process, you have entered into a legally binding contract to purchase that item.

 

The prices we charge for our products or services are listed on the website. We reserve the right to change our prices at any time, and to correct pricing errors that may inadvertently occur. Additional information about sales tax is available on the FAQ webpage.
 

Credit card information is always encrypted during transfer over networks. However, you understand that other of your content (i.e., content other than credit card information) may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

 

IV. Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site or shipped with your purchase is not accurate, complete, or current. The material on this site or shipped with your purchase is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

V. Returns, Refunds, and Cancellations

For our return, refund, and cancellation policies, please see the Store Policies webpage.

 

VI. Shipping

 

For shipping policies, please see the Shipping webpage.

 

VII. Retention of Right to Change Offering

 

Prices for our products and services are subject to change without notice. We may, without prior notice, change the services we offer; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
 

VIII. Warranties and Responsibility for Services

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to the policies outlined in our Shop Policies.

 

All beads—including genuine gemstone, genuine pearl, and manmade/artisan beads—may vary slightly in color, shape, dimension, and design. They may also have slight imperfections. These are all typically considered part of their charm. Beads may also—especially if they are glass—appear differently in various types and intensities of light. Colors can also look different when viewed on (different) monitors/screens. Every effort is made to provide you with an accurate representation of the item for sale. Please note that due to the nature of beads, finished jewelry pieces that are ½ inch or less in difference from their listed length in their description are not considered defective. If you receive an item that you believe is truly defective, you must contact us immediately to discuss a return. Proper product care is discussed at the bottom of each product’s individual page. There are no express warranties provided with our jewelry. However, should a problem occur that you believe is due to a genuine defect in its creation process, please contact us to discuss the possibility of a repair or replacement. No necklace or other piece of jewelry that has been abused or improperly cared for will be eligible for repair or refund. We will pay for shipment of repaired or replaced products to customer, but customer will be responsible for return shipment of the product to us.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

IX. Accuracy of Billing and Account Information
 

You agree to provide current, complete and accurate purchase and (if we offer the option to set up an account) account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

X. Ownership of Intellectual Property, Copyrights, and Logos

 

All rights reserved. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, jewelry patterns/designs, and all Intellectual Property Rights related thereto, are the exclusive property of Randy Mason. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof without express permission, in writing, from Randy Mason. Randy Mason owns the copyright to this website and all of the designs appearing on this website. Infringers will be pursued to the fullest extent permitted by law.

 

If this website should allow the uploading of content by users, you recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the website.

 

XI. Right to Suspend or Cancel User Account

 

We reserve the right to refuse Service to anyone for any reason at any time. We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. 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 that we make a change to or cancel an order, we may 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.

 

You may discontinue use and, if the website allows the user to create an account, request to cancel your account and/or any services at any time.

XII. Optional Tools

We may provide you with access to third-party tools that we neither monitor nor have any control over nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
 

XIII. Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 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.

XIV. User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, obscene, or pornographic material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

XV. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

 

XVI. Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

 

No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
 
XVII. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

XVIII. Indemnification

 

You agree to indemnify, defend, and hold harmless Randy Mason and Mystic Crystal Creations from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against them by any third party due to, arising out of, or in connection with your use of the website or any of the services offered on the website, your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
 

XIX. Disclaimer of Warranties; Limitation of liability

 

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
 

To the maximum extent permitted by applicable law, in no event shall Randy Mason or Mystic Crystal Creations, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

XX. Right to change and modify Terms

 

We reserve the right to modify these Terms from time to time at our sole discretion. Therefore, you should review these pages periodically, since we may or may not notify you when changes are made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

XXI. Preference of law and dispute resolution

 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of New York State in the United States of America, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in New York City. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

XXII. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

XXIII. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

XXIV. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
 

XXV. Customer support/contact information

 

Please contact us by email.

​

​

Last updated 4/5/2023