Terms of Service & Conditions of Use
I. BARBARA EDEN: HER OFFICIAL STORE ("BARBARAEDEN.NET")
A. BARBARAEDEN.NET SERVICES
Barbara Eden: Her Official Store and its website located at www.BarbaraEden.net (hereafter both referred to as simply "BarbaraEden.net") is operated by Tangible Dreams Entertainment, LLC. The purpose of BarbaraEden.net is to provide users ("Users" or "you") access to Barbara Eden merchandise. These Terms of Service (“TOS”) govern each User’s access to and use of BarbaraEden.net's services (“Services”), whether accessed through the internet or any other medium via computer, laptop, tablet, e-reader, mobile, smartwatch, or device now known or hereafter invented.
The Services may include any one or more of the following:
(i) accessing, viewing and/or using a website, whether publicly accessible or with restricted access;
(ii) fan clubs, fan magazines, and other subscription sites;
(iii) contests, bonuses, and/or giveaways;
(iv) email subscription lists;
(v) search services;
(vi) BarbaraEden.net Member Account (described below);
(vii) Mobile Services (described below);
(viii) online stores (and other shopping services), including but not limited to:
(a) the browsing and/or purchasing of fan club memberships;
(b) the browsing and/or purchasing of merchandise (i.e. apparel, accessories, digital, print, personalized, or autographed items);
(c) the browsing and/or purchasing of tickets to appearances, performances, and other events;
(d) the browsing and/or purchasing of any other items;
(e) the browsing, posting, or reviewing of reviews, comments, ratings, product tags, or any other items;
(f) interaction with BarbaraEden.net customer service representatives and/or other BarbaraEden.net Users;
(g) email, chat, instant messaging, message boards, comments, reviews, product tags, forums, blogs, social networking, and other forms of online and/or electronic communication;
(h) the uploading and downloading of music, photos, text, video, and other audio and visual content;
(i) the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; AND
(j) any other features, functionality, materials or activities which may be available from time to time on BarbaraEden.net or other Barbara Eden Service.
BarbaraEden.net Member Account
Included among the various Services is a BarbaraEden.net Member Account, which is an account system that makes it possible for you to use your e-mail address and a single password to register, sign-in, and conduct various online transactions on BarbaraEden.net.
The Services may also include certain sites, services, and/or systems that are available via mobile devices, including, but not limited to:
(i) the ability to upload, input, or export content to the Services via your mobile device;
(ii) the ability to receive and send messages; AND
(iii) the ability to browse the Services from your mobile device (collectively, “Mobile Services”).
Whether or not BarbaraEden.net charges for some or all of these Mobile Services, your mobile device carrier’s normal messaging, data, and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost.
By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message, or other electronic means to your mobile device and that information about your usage of the Mobile Services may be communicated to us.
B. AGE REQUIREMENTS
In order to use BarbaraEden.net and its Services, you must be at least 13 years old. If you are under 13 years old, you may not use the Services and you are instructed to leave BarbaraEden.net. If you are between the ages of 13 through 17 years, you may use the Services only under the supervision and with the written consent of your parent or legal guardian. However, you are not authorized to purchase any items unless you are 18 or older. If you want to purchase an item and you are between the ages of 13 through 17 years of age, you must have a parent or legal guardian purchase the item for you.
Your profile, membership, subscription, registration, posted content, messages, communications, and/or materials or accounts may be deleted and/or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing Services while not under the supervision and/or without the written consent of your parent or legal guardian.
C. ACCEPTANCE OF THESE TERMS OF SERVICE (LEGAL AGREEMENT BETWEEN YOU AND BARBARAEDEN.NET; VISITORS AND REGISTERED USERS)
Any User of BarbaraEden.net who accesses, browses and/or uses BarbaraEden.net and/or its Services accepts, without limitation, these Terms of Service ("TOS"). BarbaraEden.net encourages any User to review the TOS from time to time to keep up to date with any changes, additions, or general modifications to the TOS. BarbaraEden.net reserves the right to modify the TOS at any time, and the User will be bound by the most current version of the TOS by accessing, browsing, and/or using BarbaraEden.net. If the User does not wish to be bound by these TOS, the User may not browse, use, or otherwise access BarbaraEden.net.
D. MODIFICATIONS OF THESE TERMS OF SERVICE
BarbaraEden.net strives to offer the User the most comprehensive, up-to-date services available and will seek to continuously enhance the Services offered. Accordingly, BarbaraEden.net may update or change this TOS from time to time to reflect:
(i) changes in the Services;
(ii) changes in the laws affecting the Services;
(iii) changes in BarbaraEden.net's policies;
(iv) changes to nomenclature;
(v) eliminated features or Services; AND
(vi) other changes made at any time and for any other reasons.
When BarbaraEden.net changes this TOS, BarbaraEden.net will endeavor to provide notice to Users in one or more of the following ways:
(1) BarbaraEden.net will update the "Last Updated" date at the bottom of this TOS;
(2) BarbaraEden.net may post notice of the update on the website or other Service; AND/OR
(3) BarbaraEden.net may e-mail notice of the update to BarbaraEden.net's registered Users via the e-mail they've associated with their account.
BarbaraEden.net may, without notice to the User:
(a) add additional features,
(b) change features,
(c) eliminate features,
(d) add Services,
(e) change Services,
(f) eliminate Services,
(g) change nomenclature, AND
(h) make other changes at any time,
which will be subject to these Terms of Service.
User understands that BarbaraEden.net reserves the right to make these changes and that the User is responsible for regularly reviewing this TOS as posted on BarbaraEden.net's website or other Service. Continued access to or use of the Services after any such change shall constitute User's consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Services shall be subject to this TOS, as modified from time to time.
E. PRIVACY & SECURITY POLICY
F. THIRD PARTY WEBSITE(S) DISCLAIMER
Some links on BarbaraEden.net lead to sites posted and owned by third parties. BarbaraEden.net neither endorses nor is responsible for the accuracy, reliability or substance of opinions, advice, products, statements, photos, videos, or other information provided by third-party websites. These TOS govern only BarbaraEden.net, and Users are encouraged to review the TOS of any third party websites. The content expressed or made available therein are those of the respective authors or publishers thereof, and not of BarbaraEden.net. For information regarding the privacy policies of these third party websites, BarbaraEden.net recommends that you review the privacy policies of the respective websites.
Because BarbaraEden.net has no control over these sites, BarbaraEden.net is not responsible for such sites' accessibility via the Internet. Further, the inclusion of these links does not imply that there is any relationship between BarbaraEden.net and the linked sites. BarbaraEden.net is an independent operating company and references to other companies do not imply any partnership, joint venture, or other legal connection.
G. OFFENSIVE CONDUCT OR ILLEGAL ACTIVITY
BarbaraEden.net wants all Users to have a pleasant experience while visiting our website. Accordingly, the use of hateful, offensive, profane, racist, sexist, vulgar, pornographic, illegal, or otherwise inappropriate conduct or language on BarbaraEden.net is not permitted and will not be tolerated. Additionally, BarbaraEden.net will not offer Services to any User: (i) who promotes or distributes material reasonably considered to be illegal, hate speech, offensive, profane, racist, sexist, vulgar, pornographic, or otherwise inappropriate or objectionable; OR (ii) who promotes or engages in terrorism, hate crimes, illegal activities, or other inappropriate or objectionable activities.
BarbaraEden.net does not permit the posting or publication of material which infringes third party’s rights or that contains pornography, abuse, dangerous or illegal activities, terrorism, hate crimes, or any other objectionable or illegal material. BarbaraEden.net reserves the right to refuse Service to anyone posting or publishing such materials without notice or further justification. BarbaraEden.net reserves the right to reject, remove, or otherwise exclude any such language from use on its website. BarbaraEden.net reserves the right to prevent any User who is in violation of this policy from making future postings, purchases, or otherwise accessing this Website. BarbaraEden.net furher reserves the right to delete any User who is in violation of this policy's BarbaraEden.net Member Account permanently or temporarily and to cancel current and future orders that have not yet been fulfilled.
User may not transmit any chain letters or junk email to other users. User may not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. It is also a violation of these rules to use any information obtained from BarbaraEden.net's Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect BarbaraEden.net's users from such advertising or solicitation, BarbaraEden.net reserves the right to restrict the number of emails that User may send to other users in any 24-hour period to a number which BarbaraEden.net deems appropriate in its sole discretion.
If you breach these terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through BarbaraEden.net's Services, you acknowledge that you will have caused substantial harm to BarbaraEden.net, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BarbaraEden.net $100 for each such unsolicited email or other unsolicited communication you send through BarbaraEden.net's Services, plus the cost of BarbaraEden.net's filing, attorney, and other fees resulting from the harm (if applicable).
A. FAN CLUB MEMBERSHIPS & RULES
Fan Club Membership
BarbaraEden.net offers the ability to purchase an one (1) year membership in Barbara Eden's Official Fan Club. This fan club is the only fan club authorized by Barbara Eden. The fan club is run by fans for fans. Its mission is to provide fans with a resource for Barbara Eden news, photos, appearance schedule, articles, video, and other content. The fan club is managed by Tangible Dreams Entertainment, LLC & 3CR Entertainment with content coming from Barbara Eden, Team Eden, and other content partners.
Due to customs, duties, and other international shipment regulations, BarbaraEden.net has split Barbara Eden fan club memberships into 2 categories: (1) United States (US) membership; and (2) International membership. If User is an US resident with a valid US mailing address, you must purchase the US fan club membership. If User is a resident of any other country, you must purchase the International fan club membership. If User is purchasing a membership as a gift, User should purchase the membership according to the gift recipient's residency. If User purchases the wrong membership, BarbaraEden.net reserves the right to either correct the error or cancel the membership.
Fan Club Rules
Barbara Eden: Her Official Fan Club sold through BarbaraEden.net has a set of rules for fan club members to abide by (or risk losing their membership). These rules are on the fan club product page (as an attachment) and contain the last updated date. Alternatively, you can e-mail Customer Service to request a copy be e-mailed to you.
B. PAYMENT, PRICING, & PROMOTIONS
Advance payment in full via PayPal. PayPal accepts major credit card (Visa, Mastercard, Discover, AMEX) and bank transfers. User does not need a PayPal account to checkout.
All prices are in US Dollars (USD). Prices are subject to change from time to time in BarbaraEden.net's sole discretion.
Promotions & Coupon Codes
At certain times, promotional or coupon codes may be offered. Fan club members may be granted exclusive promotional or coupon codes that are only open to active fan club members.
Non-fan club members that use a promo code that is only open to fan club members may have their orders cancelled. Users that utilize fan club member codes, that are not fan club members, may have their BarbaraEden.net Member Account, and/or access to BarbaraEden.net and its Services, permanently or temporarily suspended, cancelled, revoked, or otherwise closed.
If you use a promotional or coupon code that doesn't apply to your offer, but it accidentally applies through the store, the final order will ship at the correct price (with you being charged the correct total) or you may have your order refunded and be advised to order again. Glitches in the system that allow an improper promotional or coupon to apply will not be considered false advertising.
If a refund is issued for an item that was part of a promotion or an order that had a coupon, that coupon or promotion will be reduced from the refundable total.
C. STATE SALES TAX
In accordance with state law, we are required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order pre-tax total, including shipping and handling (where required) and gift wrap (where required and if applicable).
D. CUSTOMS DUTIES & TAXES
User is responsible for any and all customs duties and taxes incurred upon delivery. If the User refuses to pay customs duties and taxes, User's order will be returned to BarbaraEden.net, User will be required to pay a $5.00 return fee, and User will receive a credit for the subtotal of the order but will not be refunded the cost of shipping and handling or (if applicable) gift wrap. User may also be subject to a 15% restocking fee, in addition to the $5.00 return fee.
If the User refuses to pay customs duties and taxes and the item is held by Customs and not returned to BarbaraEden.net, the User will not be eligible for any refund.
E. ORDER PROCESSING
All orders are processed as soon as they are received. Orders cannot be cancelled, changed, or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.
F. CHARGEBACKS OR FRAUDULENT ORDERS
If we receive a chargeback due to a fraudulent order or because you just chose to do a chargeback, the User and/or their account may be restricted or closed, depending on the reason for the chargeback.
If someone has stolen your identity, contact BarbaraEden.net Customer Service immediately and we will close the account. Please Note: You may need to provide proof of who you really are before the account will be closed.
G. SHIPPING & DELIVERY
Orders that contain only in-stock items are typically shipped within three (3) to five (5) business days. Orders that contain one (1) or more pre-order items, backordered, personalized, and/or autographed items are typically shipped within three (3) to five (5) business days after the pre-order, backordered, personalized, and/or autographed item(s) arrive(s) at our shipping warehouse. Shipping may be slightly delayed around US holidays, as we will be processing/fulfilling more orders, and around Barbara Eden's scheduled appearances, as our staff may be assisting Barbara at that event.
Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure.
BarbaraEden.net is not responsible for non-receipt of orders that have been deemed delivered. BarbaraEden.net is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the signup procedure.
If your item is lost in transit (and marked as such by the carrier), BarbaraEden.net will endeavor to replace the item. If the item is no longer in stock, BarbaraEden.net will refund you the cost of the item, any S&H (if applicable), and gift wrapping fees (if applicable). Items damaged in transit should be refused to the carrier to be sent back. If the carrier has already delivered the item, damaged items must be reported within three (3) business days to BarbaraEden.net customer service. Items that were damaged during delivery may be subject to exchange, partial refund, or full refund (depending on whether the item is in stock and the item's condition). Please reference our Return & Refund Policy for more information on how to proceed. You can also Contact Customer Service.
Please note: Some items are insured and in order for you to get your refund, it may be necessary for you to cooperate with the carrier that lost or damaged the package.
Domestic Shipping (US)
Our domestic carriers are USPS, UPS, and FedEx. If UPS or FedEx is being used, the “ship to” address may not be a P.O. Box or your order will be considered an “Undeliverable Package” (see the Undeliverable Packages sections below). The shipping timeframes provided during the checkout procedure are estimates only.
The typical delivery timeframe for USPS is three (3) to ten (10) business days. The typical delivery timeframe for FedEx and UPS depends on the service selected. Orders shipped around holidays and inclement weather may prolong delivery times. If you have not received your delivery, you must contact us within sixty (60) days of purchase or we will not be obligated to re- ship. Shipping charges are determined by the number, weight and type of items ordered, and by the shipping carrier and service selected. We do not ship COD.
International Shipping (Outside the US)
Our international carriers vary by country. The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for international orders is two (2) to four (4) weeks but please allow up to eight (8). If you have not received your delivery, you must contact us within sixty (60) days of purchase or we will not be obligated to re- ship.
In any event, we are not obligated to reship unless a trackable method of shipping was chosen. We do not ship COD. You are responsible for any and all duties and taxes incurred upon delivery. If you refuse to pay duties and taxes and your order is returned to BarbaraEden.net, you will be required to pay a $5.00 return fee, and you will receive a credit for the subtotal of the order but will not be refunded the cost of shipping and handling or (if applicable) gift wrap. If we never receive your item back and the item was not sent via a trackable method of shipping, we are not obligated to reship and will refund at our own discretion after we attempt to locate the package. BarbaraEden.net will always try to ship via a trackable method, but some countries do not offer trackable services. If an item arrives at Customs and you have not received it, you should contact your local Customs office to inquire about the packages location.
H. VIEWING & TRACKING ORDERS
Login to your BarbaraEden.net Member Account. (If you are already logged in, click on your name listed towards the top of the page to the far right of the "Contact Us" & "Sign Out" links.) Once viewing the "My Account" screen, click on "Order History and Details." For some packages, tracking may not be available.
If you do not see any tracking info under "My Account" and did not receive a tracking number via e-mail from Customer Service when your item was shipped, contact BarbaraEden.net Customer Service to inquire about the package.
Please Note: International packages can take 2-8 weeks to be delivered due to carriers, customs, and so on. If you have not received your delivery within 60 days, you must contact BarbaraEden.net Customer Service or we will not be obligated to re-ship.
I. REFUNDS, RETURNS AND EXCHANGE POLICY
Certain items can not be returned, such as fan club memberships, personalized items, and digital items. For other items, we offer a same item exchange or purchase price refund within 30 days of initial purchase. All shipping and handling charges are non- refundable except in the case of a manufacturer's defect; this includes return shipping and handling charges. For wearables, the item MUST be unwashed, unworn, and in brand new condition. This is left to the discretion of BarbaraEden.net staff. For media purchases, the item must be returned in its original, unopened packaging (except for manufacturer's defect). Refund will not be given for items that include a digital download with purchase. If a refund is issued for an item that was part of a promotion or an order that had a coupon, that coupon or promotion will be reduced from the refundable total. BarbaraEden.net is not responsible for items purchased at one of Barbara Eden's appearances, or items lost/stolen at one of Barbara Eden's appearances. Again, fan club memberships, digital items, and personalized items are non-refundable.
BarbaraEden.net will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to BarbaraEden.net (see the Undeliverable Packages sections below for details). BarbaraEden.net will not re- ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete. In addition, if BarbaraEden.net has evidence from the shipping provider that an order was delivered, BarbaraEden.net is not responsible for claims that the package was not delivered. BarbaraEden.net does not take out insurance with USPS on packages that are shipped.
If you have any credit card errors, such as multiple charges, please contact BarbaraEden.net Customer Service to see if you accidentally placed a duplicate order. You can also login to your account to view your "Order History and Details." If you did not place a duplicate order, this is a PayPal issue and should be directed to PayPal's Customer Service to resolve.
Contact BarbaraEden.net Customer Service to receive confirmation that your item is eligible for exchange and that the item(s) you would like in exchange is available. DO NOT MAIL an exchange to BarbaraEden.net until you have received confirmation that your exchange is approved from BarbaraEden.net Customer Service. If an exchange is approved, it must be shipped back within 5 days of that approval via a trackable and insured method of shipment. Tracking number must be provided to BarbaraEden.net Customer Service. Exchanges must be received by BarbaraEden.net within 14 days of approval for US customers (30 days for International customers). Beyond those time limits, an exchange may no longer be available or honored.
A returned item must be received by BarbaraEden.net within 30 days of initial purchase. If your item will not be delivered to BarbaraEden.net within 30 days of initial purchase, please contact BarbaraEden.net Customer Service for approval before sending return. DO NOT MAIL a return to BarbaraEden.net until you have received confirmation that your return is approved from BarbaraEden.net Customer Service. Returns are not available for personalized items.
You can mail your return to the below address:
ATTN: P. Lundquist
5975 Mitchell Rd
Sandy Springs, GA 30328
You must include your order number, reason for return/exchange, size request (if applicable), and email address in the package. Also, write the word return or exchange on the lower left hand side of the outer packaging.
You must ship the item back via a trackable AND insured method as exchanges or refunds will not be given for exchanged or returned items lost or damaged in transit back to BarbaraEden.net. Tracking number must be provided to BarbaraEden.net Customer Service. (When dropping item off at carrier, we highly recommend you get an acceptance scan/proof of mailing from the carrier in case the item is lost or damaged in return transit.)
BarbaraEden.net will not refund any customer whose order is not received because the shipping address provided by the customer during the checkout process was inaccurate, incomplete, or otherwise undeliverable unless the item when classified as undeliverable is returned to BarbaraEden.net. BarbaraEden.net will not re-ship any order that is not received because the shipping address provided during the checkout process was inaccurate or incomplete. If an item is undeliverable, but is returned to BarbaraEden.net, customer will be refunded the cost of the purchase only minus a 15% restocking fee. Shipping & handling and gift wrap charges (if applicable) are non-refundable.
J. UNDELIVERABLE PACKAGES
If for any reason your order is classified as undeliverable and returned to BarbaraEden.net, User will be notified via email that their order has been cancelled due to a failed delivery attempt AND User will be issued a refund of their order subtotal minus a 15% restocking fee. Shipping & handling and gift wrap charges (if applicable) will not be refunded. BarbaraEden.net will not re-ship any order that is classified as undeliverable and returned to BarbaraEden.net.
If the undeliverable package is not returned to BarbaraEden.net, its contents are missing, or its contents are returned in a damaged beyond repair, no refund will be issued.
K. PACKAGES LOST IN TRANSIT BY CARRIER
En Route to User
If a package is lost in transit (and marked as such by the carrier) while on its way to the User, BarbaraEden.net will endeavor to replace the item(s) ordered that were within the lost package. If the item is no longer in stock or cannot be replaced for any reason, BarbaraEden.net will refund the cost of the item. Shipping & handling and gift wrap charges (if applicable) will be refunded as well.
PLEASE NOTE: In order to be refunded, User agrees that they will comply with any Insurance claims through USPS, FedEx, UPS, or other carriers. If User doesn't comply, they will only be refunded the cost of the item and not any shipping & handling or gift wrap charges, except where prohibited by law.
En Route to BarbaraEden.net
If the package was undeliverable and then was lost in transit on its way back to BarbaraEden.net, User will not be refunded anything. If the package was refused for any reason other than damage and then was lost in transit on its way back to BarbaraEden.net, User will not be refunded anything.
L. PACKAGES LOST/STOLEN AFTER DELIVERY
If tracking and/or the carrier says a package is delivered, BarbaraEden.net considers package (and order contents) delivered and User will not be refunded any money for a stolen/lost package that went missing after it was delivered. If you didn't receive an item and the carrier says it was delivered, you must contact the carrier to resolve the issue. You should also check with your neighbors to see if any of them may have accidentally accepted the package on your behalf.
M. PACKAGES DAMAGED IN TRANSIT BY CARRIER
En Route to User
Unopened packages obviously damaged in transit should not be accepted by User and should be given to the carrier to send back to BarbaraEden.net. If the carrier has already delivered the item, damaged items must be reported within three (3) days of delivery to BarbaraEden.net customer service. Also photos of damaged item(s) and the packaging as it looked when it arrived should be taken as BarbaraEden.net Customer Service may request to see those. Please hold on to the original packaging as well as the damaged items.
Items that were damaged during delivery may be subject to exchange, partial refund, or full refund (depending on whether the item is in stock and the item's condition). Please reference our Return & Refund Policy for more information on how to proceed. You can also Contact Customer Service. If the item was already delivered/accepted, do not send any item back due to damage until you speak to Customer Service, so that BarbaraEden.net can process your claim.
PLEASE NOTE: In order to be refunded, User agrees that they will comply with any Insurance claims through USPS, FedEx, UPS, or other carriers. If User doesn't comply, they will only be refunded the cost of the item and not any shipping & handling or gift wrap charges, except where prohibited by law. If User doesn't comply, User may (at BarbaraEden.net's discretion) be prohibited from purchasing from the store in the future.
En Route to BarbaraEden.net
If the package was undeliverable or refused by User and then was damaged in transit on its way back to BarbaraEden.net, User will not be refunded anything if items are damaged beyond repair. Item(s) not damaged beyond repair will be accessed at least a 15% restocking fee. Each item's condition will be individually accessed by BarbaraEden.net.
If a package was refused due to damage and arrives not damaged, the item will be subject to a 15% restocking fee and User will not receive any refund for applicable shipping or gift wrap charges. If Customer Service paid for return transit, this fee will be deducted from purchase price refund in addition to 15% restocking fee.
If the package was refused for any reason other than damage and then was lost in transit on its way back to BarbaraEden.net, User will not be refunded anything.
N. BACKORDERS & OUT OF STOCK ITEMS
Backorders & Temporarily Out of Stock Items
If all of the items included in your order are out of stock you will be notified via e-mail that your order has been cancelled due to lack of inventory and you will be issued a full refund of your order total, including (if applicable) any shipping and handling, tax, and gift wrap charges.
If some but not all of the items included in your order are out of stock, you will be notified via e-mail that your order has been placed on hold due to lack of inventory and you will be asked to advise BarbaraEden.net to:
(i) Hold your entire order until the item or items that are out of stock are re-stocked (if applicable); OR
(ii) Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered and will be subject to approval by BarbaraEden.net); OR
(iii) Ship the items that are in stock, issue a full refund for the item or items that are out of stock, and issue a partial refund for other costs, if applicable, such as shipping and handling, tax, and gift wrap; OR
(iv) Cancel your entire order and issue a full refund of your order total, including, if applicable, shipping and handling, gift wrap and tax.
BarbaraEden.net will hold your entire order for 30 days until either (a) you respond to this email or (b) the item or items that are out of stock are re-stocked. If you do not respond within 30 days, your order will be cancelled and refunded.
BarbaraEden.net is not responsible or liable for any additional penalties, fines, or fees due to items being on backorder or temporarily out of stock.
Permanently Out of Stock Items
If all of the items included in your order are permanently out of stock, you will be notified via e-mail that your order has been cancelled due to lack of inventory and you will be issued a full refund of your order total, including (if applicable) any shipping and handling, tax, and gift wrap charges.
If some but not all of the items included in your order are permanently out of stock, you will be notified via e- mail that your order has been placed on hold due to lack of inventory and you will be asked to advise BarbaraEden.net to:
(a) Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered and will be subject to approval by BarbaraEden.net); OR
(b) Ship the items that are in stock, issue a full refund for the item or items that are out of stock, and issue a partial refund for other costs, if applicable, such as shipping and handling, tax, and gift wrap; OR
(c) Cancel your entire order and issue a full refund of your order total, including, if applicable, shipping and handling, gift wrap and tax.
BarbaraEden.net is not responsible or liable for any additional penalties, fines, or fees due to items being permanently out of stock.
O. UNSHIPPED PRE-ORDERS
If your order contains one (1) or more pre-order items you may cancel it at any time prior to shipment to receive a full refund of your order total (including shipping and handling, gift wrap and tax). This EXCLUDES fan club, personalized items, and autographed items, which are considered fully processed when checkout is complete and are, therefore, nonrefundable.
For pre-order items that are eligible for cancellation, you must contact Customer Service to cancel order of those pre-order items and to submit a refund request. Orders that contain (1) or more pre-order items cannot be cancelled after the pre-order item(s) arrive(s) at our warehouse and the order is shipped.
III. CUSTOMER SERVICE
A. CONTACT US
Should you have any questions regarding your order or a store item, please Contact BarbaraEden.net Customer Service. We endeavor to respond to relevant inquiries within two (2) business days, but please allow longer around holidays and Barbara Eden's scheduled appearances. (Business days do not include weekends.) You can view Barbara Eden's appearance schedule at www.barbaraeden.com/appearances.html.
Hours of Operation
You can send e-mails 24/7 to BarbaraEden.net's Customer Service. However, BarbaraEden.net's Customer Service hours are 11:00am - 5:00pm EST Monday thru Friday, excluding holidays and Barbara Eden's scheduled appearances. Please understand that there may be a delay in our response if you contact us outside of Customer Service hours.
Customer Service won't get you in touch with Barbara Eden.
BarbaraEden.net will not respond to any inquiries that have nothing to do with BarbaraEden.net (orders, store items, technical support, returns/exchanges, DMCA, TOS, etc). Do NOT send fan mail for Barbara Eden through BarbaraEden.net or to BarbaraEden.net Customer Service. Do NOT send inquiries about booking Barbara for events or request that we pass along information to Ms. Eden. We will not forward any mail to Barbara Eden, Team Eden, or other representatives. Thank you for your understanding.
B. MEMBER ACCOUNT INFORMATION
You can access, update, or change your personal information and communication preferences by signing into your BarbaraEden.net Membership Account and modifying your information and preferences. You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to create a membership with us or to take advantage of some or all of our features.
Furthermore, it is not BarbaraEden.net's responsibility to check the information you provide. By using BarbaraEden.net, you affirm that the information you provided is accurate and is actually YOU.
BarbaraEden.net is not responsible for shipments that are undeliverable or delivered to the wrong address because you provided us the incorrect address.
BarbaraEden.net reserves the right to cancel or otherwise deny service to any accounts with chargebacks, that are utilizing a stolen identity, or that BarbaraEden.net suspects of fraud.
IV. GENERAL PROVISIONS
A. INTELLECTUAL PROPERTY
User acknowledges that BarbaraEden.net, including but not limited to its website, Services, any underlying technology used in connection therewith, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Website are protected by U.S. Copyright and Trademark laws, and are the property of either BarbaraEden.net, Tangible Dreams Entertainment, or a third party.
Except as expressly authorized by BarbaraEden.net, or as may be posted on the Services, Users may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. User may not store any of the Content or the Services owned by, or licensed to BarbaraEden.net in any form, whether archival files, computer-readable files, cloud storage, or via any other medium. User also may not "mirror" or reverse engineer any Content or the Services on any other server.
Your reviews are your reviews; therefore, because BarbaraEden.net may from time to time desire to have its Users post their experiences, reviews, customer images, and opinions on the Website, BarbaraEden.net claims no ownership thereto in an effort to encourage participation by Users. BarbaraEden.net will have an implied license to post such experiences, reviews, customer images, and opinions on the Website. Should the User desire to have BarbaraEden.net remove its postings from the Website, the User should contact BarbaraEden.net.
Right of Publicity & Likeness Rights
Barbara Eden retains all likeness rights and right of publicity. Her likeness, including but not limited to image, voice, name, handwriting, words, and brand, are protected and used on BarbaraEden.net with her permission. User understands that by using and/or accessing BarbaraEden.net that User obtains no permission to use Ms. Eden's likeness.
Sharing BarbaraEden.net Items & Other Content
If you would like to share BarbaraEden.net items for sale and/or your wishlist online or offline, you may do so as long as you:
(i) are in compliance with BarbaraEden.net's TOS, AND provide a link or other written reference to BarbaraEden.net; AND
(ii) provide credit to BarbaraEden.net and/or other intellectual property owner for the content you are displaying on your site.
Use of any other content or Services from BarbaraEden.net may only be used with the express, written permission of BarbaraEden.net and any other intellectual property owners. To obtain such permission, please contact BarbaraEden.net's Designated Agent (see "Section E" below).
BarbaraEden.net may not be shared on adult websites, or any pages or sites that include offensive content, hate speech, illegal content, and/or pages or sites that promotes illegal or offensive activities. BarbaraEden.net reserves the right to request removal from any third party site and User must comply with requests to remove content from their site.
BarbaraEden.net intellectual property may not be used by any third party for resale or other commercial or advertising purposes without the express, written permission of BarbaraEden.net's Designated Agent. Furthermore, third parties should not misrepresent themselves as a(n) Team Eden member, independent contractor, employee, authorized reseller, affiliate, licensor, licensee, or other agent of BarbaraEden.net.
User Feedback & Suggestions Submitted to BarbaraEden.net
BarbaraEden.net wants your voluntary feedback and suggestions regarding the Services so that we can continually improve the Services for you and other customers. When you submit feedback and suggestions, please understand that BarbaraEden.net needs to have full rights to use your feedback and suggestions without any encumbrances.
In particular, you understand and agree that by submitting any feedback or suggestions to BarbaraEden.net, you warrant and represent that YOU own or otherwise control the rights necessary to do so and you are granting BarbaraEden.net and its affiliated companies and entities permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to BarbaraEden.net’s use of the materials contained within such feedback or suggestions.
BarbaraEden.net is under no obligation to post or use any materials you may provide and may remove such materials at any time at BarbaraEden.net's sole discretion.
BarbaraEden.net & Linking to BarbaraEden.net
The domain name www.barbaraeden.net is owned by Jon Eicholtz. The domain is used with permission for BarbaraEden.net by Tangible Dreams Entertainment, LLC. Any unauthorized use or claim of ownership of the domain name will be prosecuted to the full extent of the law. Should User desire to link BarbaraEden.net to User's website or to utilize BarbaraEden.net's intellectual property, please contact BarbaraEden.net's Designated Agent (see "Section E" below).
B. DIGITAL MILLENIUM COPYRIGHT ACT (DMCA)
DMCA Takedown Requests
If you are the copyright owner of any of the content used on this website and would like it removed, please contact our DMCA Agent and provide them with the following information in order to faciliate the process:
(i) specific identification of the copyrighted work(s) which you are alleging have been infringed;
(ii) specific identification of the location and description of the material that is claimed to be infringing or to be the subject of infringing activity with enough detailed information to permit us to locate the material (such as specific URL(s) of the web pages where the allegedly infringing material is located);
(iii) information reasonably sufficient to allow us to contact the complaining party which may include a name, address, telephone number and electronic mail address at which the complaining party may be contacted;
(iv) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; AND
(v) a statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Under applicable law, 17 U.S.C. 512 (f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
C. DISCLAIMER OF WARRANTY
USER AGREES THAT ACCESS TO THE WEBSITE, AND USE OF THE SERVICES IS AT THE USER’S OWN RISK. NEITHER BARBARAEDEN.NET NOR ITS DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES MAY BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.
BARBARAEDEN.NET AND ITS SUPPLIERS, LICENSORS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE BARBARAEDEN.NET SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BARBARAEDEN.NET AND ITS SUPPLIERS, LICENSORS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT WILL BARBARAEDEN.NET OR ITS DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF BARBARAEDEN.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THE USER’S USE OF OR INABILITY TO ACCESS THE WEBSITE, OR TO USE ANY OTHER SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BARBARAEDEN.NET’S RECORDS, PROGRAMS, OR SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES BARBARAEDEN.NET'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, NOT TO EXCEED THE AMOUNT PAID FOR THE SERVICES.
User agrees to indemnify and hold harmless
(ii) Tangible Dreams Entertainment, LLC;
(iii) 3CR Entertainment;
(iv) Barbara Eden;
(v) Jon Eicholtz;
(vi) Patterson Lundquist;
(vii) Jacki Venezia, Esq.;
(viii) Team Eden; AND
(ix) any and all directors, officers, agents, partners, independent contractors, licensees, businesses, and employees of the aforementioned parties,
from any and all claims or demands, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of:
(a) information submitted by, posted to, emailed, accessed, or otherwise transmitted by the User through BarbaraEden.net or its Services;
(b) the User's use or access of BarbaraEden.net or its Services;
(c) the User's connection to BarbaraEden.net or its Services;
(e) the User’s breach of BarbaraEden.net's Terms of Service.
E. DESIGNATED AGENT
The Designated Agent for DMCA issues is Jacki Venezia, Esq. of The Venezia Law Firm, LLC. Please see the DMCA section (See "Section B." in IV. GENERAL PROVISIONS) above for contact and DMCA guidelines.
The Designated Agent for all other issues is Patterson Lundquist of Tangible Dreams Entertainment, LLC. Click here to contact the Designated Agent.
F. LOCAL LAWS: EXPORT CONTROLS
BarbaraEden.net controls and operates the Website in the United States and makes no representation that BarbaraEden.net's website, content, or Services, is appropriate or available for use in other locations. If the User uses the website, content, and/or the Services from other locations, the User is responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries.
BarbaraEden.net also disclaims responsibility for any User attempting to do business with BarbaraEden.net from countries with which the United States has specifically banned trade and commerce, such as Cuba, Iraq, Syria and others as listed on the U.S. Department of State’s website. BarbaraEden.net will not provide any Services for a User domiciled or doing business from any barred country. Unless otherwise explicitly stated, all marketing or promotional materials found on BarbaraEden.net's website and in the Services comply with the laws of the United States.
G. DISPUTE RESOLUTION: BINDING ARBITRATION
In the event of such arbitration, each party shall be responsible for paying its own costs and expenses incurred in connection therewith, including, but not limited to, attorneys’ fees. The parties shall share equally the costs of the arbitration, including, but not limited to, the arbitrator’s fees and any and all other administrative costs of the arbitration.
The parties each agree to submit to any federal or state court of appropriate jurisdiction located in Atlanta, Georgia, for purposes of compelling arbitration pursuant to this paragraph, or to enforce any interim or final award entered into by the arbitrator. The arbitrator shall have no power to add to, subtract from, or modify in any way, the terms of this TOS.
Notwithstanding the foregoing, for any violation of this TOS which may not be reasonably or adequately compensated by monetary damages, BarbaraEden.net shall be entitled to court mandated injunctive or equitable relief against your breach of this TOS, in addition to other remedies. BarbaraEden.net and YOU agree that any dispute between BarbaraEden.net and you shall be limited to the dispute between BarbaraEden.net and you individually. To the full extent permitted by law, (1) no arbitration or litigation shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or litigated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
This TOS, except for that which is listed in next paragraph, is governed by the laws of the State of Georgia, U.S.A., without regard to its rules pertaining to conflicts of laws/choice of law rules. Each party to this Terms of Service submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of Georgia, Fulton County, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
Please note that while BarbaraEden.net has been granted permission to use Barbara Eden's likeness, Barbara Eden is a resident of the State of California, U.S.A. Therefore, Barbara Eden's likeness, right of publicity, and the BarbaraEden.net domain are governed by the laws of the State of California, U.S.A., without regard to its rules pertaining to conflicts of laws/choice of law rules. Each party to this Terms of Service submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of California, Los Angeles County, for the aforementioned items, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. This TOS, if applicable, may be used by Ms. Eden or one of her agents in a dispute if a User of BarbaraEden.net violates the TOS in a way that in any way impacts Ms. Eden. However, Ms. Eden cannot be enjoined by the User to any lawsuit or dispute between User and BarbaraEden.net because Ms. Eden does not control the day-to-day operations of BarbaraEden.net.
In the event that any provisions of this Terms of Service are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Terms of Service shall otherwise remain in full force and effect.
This Terms of Service and any posted guidelines or rules applicable to BarbaraEden.net and Services subject to this Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled.
Please report any violations of the Terms of Service to BarbaraEden.net Customer Service.
LAST UPDATED: JULY 22, 2020