TERMS AND CONDITIONS
Last Updated: October 21, 2016
Assistance. If you have any questions or comments, we invite you to contact us here.
Order Eligibility. You may only purchase products that are delivered to or performed at an address located in the United States. You may only purchase products for personal, non-commercial use. Company may refuse any order that it has cause to believe is for onward sale other than through distribution channels approved by Company. Company makes no representation or guarantees that products available on the Website are appropriate or available for use in locations outside the United States, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Website from locations outside of the territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website.
Products and Specifications. Details of the products available for purchase are set out on the Website. All prices are displayed and charged in US dollars. All applicable sales and other taxes are in addition to the sale price. All online transaction totals reflect the estimated tax amount; the actual tax amount will be calculated based on your shipping location and may vary from the estimated tax. Discounts and sales prices may not be applied to previous orders. We reserve the right to shorten the duration of any special order or sales promotion. All features, content, specifications, products and prices of products described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on the Website at a particular time does not imply or warrant that these products will be available at any time. Occasionally, the manufacture or distribution of a certain product may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Shipping Limitations. The order will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. Risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Signature may be required for deliveries. Company does not guarantee any particular delivery date and is not responsible for any delays.
Return and Exchange Policy. You may return or exchange any unopened and unused product purchased from this Website within 30 days of purchasing the product. All other returns or exchanges can only be made pursuant to, and in accordance with, the Limited Warranty that applies to the product. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under applicable local law. In the event that the return or exchange is due to an incorrect order or faulty product, Company will be responsible for the shipping costs associated with such return. In all other cases, you will be responsible for the shipping costs associated with a return.
Charges. For all charges for any products sold on the Website, Company will bill your credit card or alternative payment method offered by Company. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse Company for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services needed for use of the Website and any and all fees charged to you by your financial institution related to the charges.
Promotional Codes. On occasion Company may issue promotion codes that may be redeemed at the time of check out. These codes have no cash value and are not redeemable for cash. We reserve the right to cancel any promotion code and reduction redemption when the total value of the promotional code exceeds the price of the item. Multiple promotional codes may not be combined. When a promotion or promotional code has been communicated to a particular individual, the promotional code is non-transferable. We are not responsible for any financial loss arising out of our refusal, cancellation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
Copyright, Trademark and Ownership. All of the content displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Company, its licensors, agents or its Content providers. All elements of the Website, including, without limitation, the Website’s general design, Company’s trademarks, service marks, trade names (including the Company’s name, logos, the Website name, and the Website design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the Website, you are authorized to view, play, print and download documents, audio and video found on the Website for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or the Company’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Company's prior written consent. The use of Company trademarks on any other Website is not allowed. Company prohibits the use of Company trademarks as a "hot" link on or to any other Website unless establishment of such a link is approved in advance. The Website, its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
Unsolicited Submissions Policy. Company is pleased to hear from its loyal users and welcomes your comments regarding Company and its products. Except where Company specifically requests comments or submissions, Company does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Company's professional staff seem to others to be similar to their own creative work. Accordingly, Company requests that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us any unsolicited suggestions, you agree not to assert any ownership right of any kind in against Company (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant Company a nonexclusive, perpetual, worldwide license to use the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including, without limitation, all claims for theft of ideas or copyright infringement.
Digital Millennium Copyright Act (“DMCA”) Notice. Third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. Company has adopted a policy that provides for the removal of any content or the suspension of any user that is found to have repeatedly infringed on the copyright of a third party. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 USC Section 512). Your infringement notice should be sent to 14419 Greenwood Ave N A174, Seattle, WA 98133 or email at firstname.lastname@example.org. Please make sure that you specifically identify the copyrighted work that you claim has been infringed by providing specific URL(s) and a precise description of where the copyrighted material is located on the page(s).
We may give notice to our users of any infringement notice by means of a general notice on any of the websites, electronic mail to a user's e-mail address in our records, or by written communication sent to a user's last known physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing. Please be advised that if you submit a counter-notification, that notice along with your identifying information included in the notice will be provided to the party that submitted the original claim of infringement.
Advertising Rights. Company reserves the right to sell and display any advertising, attribution, links, promotional and distribution rights, and Company and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Company to sell or offer to sell any advertising, promotion or distribution rights.
Accuracy of Information. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right, without prior notice, to limit the order quantity on any product or to refuse to sell to any customer. We also may require verification of information prior to the acceptance or shipment of any order.
Links. Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another Website without our prior written permission is prohibited. From time to time, the Website may contain links to third-party websites that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Website, you do so entirely at your own risk.
Account Registration and Security. You understand that you may need to create an account to have access to parts of the Website. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration process; and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If Company suspects that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all use of the Website. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. Please note that anyone able to provide your username and password will be able to access your account so you should take reasonable steps to protect this information.
Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
Force Majeure. Company is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Representations and Warranties. You affirm, represent and warrant the following: (i) you are over the age of 18 and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; and (ii) you have read, understood, agree with, and will abide by the terms and conditions of this agreement.
DISCLAIMERS. Your use of thE WEBSite is at your OWN risk. THE INFORMATION AND MATERIALS, PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITE OR OTHERWISE PROVIDED BY US ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY INFORMATION WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITE OR ANY INFORMATION MADE AVAILABLE THEREON, OR ANY OTHER WARRANTY, THE INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER COMPANY NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, OR MATERIALS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
ALL PRODUCTS PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO THE LIMITED WARRANTY ISSUED BY COMPANY, AS WELL AS ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. PLEASE CONSULT COMPANY’S LIMITED WARRANTY TO SEE YOUR WARRANTY RIGHTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY’S WEBSITE, PRODUCTS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY. Company does not assume any responsibility FOR and will NOT be liable, for any damage to or any virus that may infect your computer, equipment, or other property caused by or arising from your access to, use of, or browsing thE Website, or your downloading of OR ACCESSING any materials from thE Website. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE OR THE CONTENT.
Indemnity. You agree to defend, indemnify and hold Company, each of our parent companies, subsidiaries and affiliates and the successors of each of the foregoing, and the officers, directors, agents, and employees of each of the foregoing, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with: (i) your use of the Website or your placement or transmission of any message or information on the Website by you or your authorized users; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third-party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or material that you provide to Company; or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
Release. In the event that you have a dispute with another user or other party related to the Website, you release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Termination. You or we may suspend or terminate your account or your use of the Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to the Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) or as otherwise provided herein or in another incorporated policy. You understand that any termination of your account, by you or us, may involve the permanent deletion of your data. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.
General. Any claim arising out of or relating to the use of, the Website and the materials contained herein is governed by the laws of the State of Washington without regard to its choice of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or related to the Terms or the Website will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to the Terms or the Website must be commenced within one (1) year after the claim or cause of action arises. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website.
We do not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be assigned by Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms are the entire agreement between you and Company with respect to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc) shall survive the expiration or termination of these Terms.
All rights not granted herein are expressly reserved to Nion Beauty USA, Inc.