Terms of service

Welcome to Finer CreationZ website, www.finercreationz.com owned and operated by Finer CreationZ, LLC, and its affiliates (“Finer creationz,” “we,” “us,” or “our”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Website and Finer CreationZ’s’ services, applications, content, and products (collectively, the “Services”). These Terms include our Privacy Policy, available here. which is hereby incorporated by reference. You acknowledge, agree to, and consent to these Terms by clicking “I Agree,” “Ok,” or by using the Website.

As discussed further below, both you and Finer CreationZ’s agree, with the limited exceptions noted below, to resolve all disputes between you and Finer Creationz through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

These Terms may be amended by us from time to time. Please periodically review the controlling, online version of these Terms. By clicking “I Agree,” “ok,” or continuing to use the Website subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree to, and consent to such amendment.

YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR USE THE WEBSITE, AND SHOULD DISCONTINUE YOUR ACTIVITIES IMMEDIATELY. IF YOU ACCESS OUR WEBSITE, YOU ARE AGREEING TO THESE TERMS.

When using the Website, you shall be subject to all displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms. We may also offer other websites that are governed by different terms.

You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are at least 18 years of age. Please do not place orders through FinerCreationz.com if you are not 18 years old or older.

We do not represent the Website is governed by or operated in accordance with the laws of other nations, or that the Website or any portion of it is appropriate or available for use in any particular location. If you choose to access the Website, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.

About our Website 

Finer CreationZ’s also known as or doing business as The Finer League Fashion provides users with access to communications tools, which may be accessed through any medium or device now known or hereafter devised, including websites, software, and applications that deliver and receive information through a network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current Website shall be included in the definition of “Website.”

Finer CreationZ uses visiting cookies and permanent cookies. Cookies are necessary for easy and convenient navigation on our website. Visit cookies help us to update your cart according to your wishes during your visit to our website. Persistent cookies help us to display products that you might prefer. The information provided is anonymous without any link to personal data

Finer CreationZ’s Website provides information regarding, and the opportunity to purchase, a variety of clothing products, Styl(ed) Finer styling services, and accessories.

Accessing the Website 

Visitors to the Website who register an account or engage with other site features, such as marketing programs, Styl(ed) Finer, and “members only” content, will be given a choice whether they would like to be included on our email list and receive e-mail newsletters from us. If you have opted-in to receive email newsletters from us, you may periodically receive communications including links to and information regarding sales, promotions, sweepstakes, and other information that we believe you may find interesting. If you have not opted-in to receive email newsletters from us, you will not receive these e-mails.

You may access portions of the Website without registering. However, in order to access some portions and features of the Website, and to make purchases, you will be required to register an account with and sign into the Website. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the Website, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at shopfiner@finercreationz.com . In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.

Opting out of membership

If you would no longer like to receive email newsletters from us, you can unsubscribe by selecting the unsubscribe link located at the bottom of any of our promotional emails.

Pricing and Product Descriptions 

Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the site is 100% accurate. In the event that a product is listed at an incorrect price or a product description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.

Finer CreationZ’s makes every effort to display, as accurately as possible, the colors of our products. However, the actual colors  of fashion accessories or fashion you see depend on your monitor or device, and thus we cannot guarantee that the colors of products you see when viewing the Website will be accurate.

Order Limitations

Finer CreationZ’s reserves the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.

Shipping, Guarentees, and Return Policies

Please refer to our Shipping Policies, Guarantees and Return Policies for more information on our shipping rates and other policies and procedures, all of which are incorporated herein by reference.

All purchases from Finer CreationZ, except for online gift cards, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

We accept returns postmarked within 21 days from the date your order was shipped. Finer CreationZ does not take title to returned items until the item arrives at our fulfillment center. Store Credit will be issued within 14 days of product arrival. Store credit is issued if item is returned in its original packaging, no damages, and unworn. Store credit will be issued via shopping code. Purchaser must ensure accurate email addresses are available for forwarding.

Our Intellectual Property

Finer CreationZ and our associated logos, names, and slogans, Finer Girls, Finercreationz.com, Finer CreationZ Styl(ed), The Finer League, FLgirlz, Finer Creationz, LLC, Crowned Cutiez, and are Queen2ube Cutiez, and any of our trademarks and/or service marks. In addition, graphics, logos, page headers, icons, video verbage, and service names included in or made available through FinerCreationz.com are trademarks of Finer Creationz and may not be used in connection with any product or service that is not Finer Creationz, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Finer Creationz. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.

Most content available on or through the Website, such as text, graphics, and photographs, are our company works (i.e., content we own, authored, created, purchased, or licensed). Our Website is protected by copyright, and we reserve and retain all rights in and to our works, services, and the website. We hereby grant you a royalty-free, limited, revocable, non-sub licensable and non-exclusive license to access our Works solely for your personal use in connection with using the website. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or our Website or any adaptations thereof unless expressly set forth herein.

Prohibited Conduct and Representation

You represent and warrant that you will not use the Website to:

• Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
• Act in a manner that negatively affects other users’ ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
• Post any User Content that we determine in our sole discretion is: (i) unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise discriminatory; (ii) is derogatory or harmful to Finer CreationZs’ reputation; (iii) is harmful to children in any manner; and/or (iv) seeks to or discriminates against any individual based on race, gender, national origin, sexual preference, physical or mental handicap or on any other basis.
• Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
• Post any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
• Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;
• Post any User Content for which you have not obtained all necessary written permissions and releases;
• Misrepresent any fact (including without limitation your identity);
• Post any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
• Exceed your authorized access to any portion of the Website;
• Collect or store personal data about anyone;
• Modify without permission any part of the Website;
• Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
• Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
• Use any robot, spider, scraper, or other automated means to access the Website for any purpose;
• Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or
• Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures we may use to prevent or restrict access.

Content Posted by Users

You and other users may be able to upload, post, create, make available, send, share, communicate, or transmit (“Post”) data, information, images, comments, ideas, or other types of content (collectively “Content”) to the Website and other websites linked to on the Website. You understand that all Content Posted by users of the Website (“User Content”) is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.

You retain ownership of the intellectual property contained in your User Content. However, you grant us a royalty-free, irrevocable, transferrable, sub licensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) any and all User Content that you Post to or through the Website. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the User Content. In no circumstances will we be liable to you for any exploitation of any User Content that you Post. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and exploit User Content that you Post.

We have no obligation of confidentiality, express or implied, with respect to User Content that you Post to or through the Website, and we shall be entitled to use, exploit, or disclose (or choose not to use, exploit, or disclose) such User Content at our sole and absolute discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances whatsoever).

If you are a minor, you should not be using our website or Posting any User Content. However, if you do so and you want us to remove the User Content from the Website, please contact us at shopfiner@finercreationz.com You will need to provide us with specific information describing the location of the User Content that you want us to remove. We will take reasonable efforts to remove the User Content upon receiving a sufficient request but we cannot ensure complete or comprehensive removal of the User Content.

Procedures for Making Complaints

If you believe that your rights, or the rights of a third party, are being violated in any way by any content accessible on or through the Website, please contact us at shopfiner@finercreationz.com

Where appropriate and or applicable, we will work to prevent unlawful activity from taking place on or through the website.

Third-Party Websites

This website contains links to websites of third parties and advertisements of third-party products and services. If you should use these links, you will leave the finer creationz Website. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies. We do not endorse these websites and our Privacy Policy and Terms of Service do not apply to them.

You expressly release us from any and all liability arising from your use of any third party website, service or content. Your dealings with or participation in promotions of advertisers found on those third party websites, including payment or delivery of goods, and any other terms, including, but not limited to warranties, are solely between you and those advertisers. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third party websites and/or their advertisers.

Indemnification

You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

Disclaimers

YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND CONTENT OR PURCHASES OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.

WE MAKE NO WARRANTY THAT (1) THE WEBSITE OR PURCHASES WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OR PURCHASES OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OR PURCHASES OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability 

TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:

• DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
• MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
• IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
• THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR
• ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITE.

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

Jurisdictional Restrictions

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS OR WAIVERS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Release 

Dispute Resolution; Limit on Time to Bring Claim; Arbitration of Claims; Class Action Waiver

Termination 

You agree that Finer CreationZ may, without prior notice, immediately terminate, limit your access to, or suspend your account based on any of the following: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which Finer CreationZ believes is harmful to this Website or its business interests. You agree that termination, limitation of access and/or suspension shall be made in Finer Creationz sole discretion and that Finer CreationZ shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your account.

You may terminate your account with Finer CreationZ and these Terms at any time by emailing us at shopfiner@finercreationz.com 

We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.

Upon termination you will no longer have a right to access your account or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may not keep any back up of any of your User Content. We will not be responsible for deleting your User Content.

The following sections shall survive any termination: “Our Intellectual Property,” “Indemnification,” “Disclaimers,” “Limitations of Liability,” “Jurisdictional Restrictions,” “Release,” “Dispute Resolution: Limit on Time to Bring Claim; Arbitration of Claims; Class Action Waiver,” and “Miscellaneous.”

Miscellaneous

These Terms constitute the entire agreement between you and Finer CreationZ, and govern your use of the Website and purchases made thereon.

These Terms supersede any prior agreements between you and us with respect to the Website and purchases made thereon.

These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, Finer Creationz representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents are intended third-party beneficiaries.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

The headings in these Terms are for convenience only and have no legal or contractual effect.

Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the State of California, without regard to the principles of conflicts of laws, will govern these Terms, your use of the Website, and all matters relating to your access to, and/or use of, the Website, including all disputes between you and us. You also agree that the Website shall be deemed solely based in New Jersey.

“Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.

Terms and Promotions for Seasonal Sales 

Finer CreationZ reserves the right to promote sales.  Special sales or deals are for a limited time and a limited quantity. Purchase must be completed through checkout to obtain the deal. Items in bag are not reserved and may expire based on time or quantity. Finer Creationz will not honor rain checks, no retroactive applications, and customers may not combine more than one offer. Finer Creationz reserves the right to modify or discontinue the offer at any time. See webpage for each offer’s specific details. The timestamp generated by FinerCreationZ.com website shall be the official time-keeping device for used for monitoring such sale time frames. Finer CreationZ is not responsible for any delays or failure to complete purchase during the promotion period including due to (i) the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the purchasing process; (iv) electronic or human error which may occur in processing your purchase. Promotions are intended for personal purchase only and not for resale. Finer CreationZ reserves the right to restrict the number of items available to a single purchaser.