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1.Terms and conditions of
sale
Please read these terms and
conditions of sale ("sale agreement") very carefully. The customer agrees to be
bound by this sale agreement and accepts its terms and conditions (unless the
customer has signed a separate formal purchase agreement with Inglot Cosmetics,
in which case the separate agreement shall govern).
1.1
Shipping policy
We ship only within United States:
Shipping is not available
to APO/FPO addresses, PO Boxes, Puerto Rico, Guam, US Virgin Islands, American
Samoa, Northern Marina Islands, and Palau.
* 2nd Day and Overnight orders will be
processed the same day if the order is placed and your order is received by
11:00 am EST. Orders received after 11:00 am EST will be processed on the next
business day. 2nd Day and overnight orders may require a signature upon
delivery.
Shipping terms for Alaska and Hawaii:
Freight
Policy
Shipping and
handling charges on all orders vary; contact your Inglot Cosmetics account
manager for our most current and competitive rates, options and shipping
specials. For the Customer's protection, we ship only to the verified billing
address of the Customer's credit card. .
1.2
Sale
Important Information
About This Legal Contract
This Sale Agreement is a legal contract between the
Customer and Inglot Cosmetics. The Customer accepts this Sale Agreement by
making a purchase, placing an order, or otherwise shopping on the Site.
(References to "you" or "your" or “user” shall relate to the Customer;
references to "Inglot Cosmetics" shall relate to Inglot Cosmetics and/or its
affiliates. Inglot Cosmetics may sometimes be referred to herein as “we” or
“our”). The terms and conditions of this Sale Agreement are subject to change
without prior notice, except that the terms and conditions posted on the Site at
the time the Customer initially places or modifies an order will govern the
order in question.
This Sale Agreement constitutes the
entire agreement between the Customer and Inglot Cosmetics relating to the
purchase or sale of goods or services on the Site. The Sale Agreement may only
be modified or terminated with regard to goods or services that have been
purchased or sold on the Site in a writing signed by Inglot Cosmetics.
Electronic records (including signatures), that are otherwise valid, shall be
accepted under the Sale Agreement. The Customer consents to receiving electronic
records, which may be provided via a web browser or e-mail application connected
to the Internet; consumers may withdraw consent to receiving electronic records
or have the record provided in non-electronic form by contacting Inglot
Cosmetics at the address provided below.
In the event of any conflict
between the terms and conditions stated on your purchase order and this Sale
Agreement or any terms and conditions on our invoice, you agree that the
provisions of this Sale Agreement and our invoice shall control.
Governing
Law
This agreement and
any sales hereunder shall be governed by the laws of the state of NY, without
regard to conflicts of laws rules. The customer consents to the jurisdiction of
the federal or state courts located in New York County, New York for purposes of
any suit, action or proceeding arising out of this sale agreement.
Title; Risk of
Loss
Title to goods
herein being purchased is retained by the seller until goods are paid for by the
purchaser and at that time title passes to the purchaser. Loss or damage that
occurs during shipping by a carrier selected by Inglot Cosmetics is Inglot
Cosmetics' responsibility. Loss or damage that occurs during shipping by a
carrier selected by Customer is Customer's responsibility. Title to software
will remain with the applicable licensor(s).
Export
Sales
If goods
herein are being purchased for purposes of export, the Customer must obtain from
the applicable governmental authorities certain export documentation before
shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased [Let’s discuss
intent].
General Legal
Disclaimer
Inglot
Cosmetics hereby expressly disclaims all warranties either expressed or implied,
including, without limitation, any warranty of merchantability or fitness for a
particular purpose. this disclaimer by inglot cosmetics in no way affects the
terms of the manufacturer's warranty, if any.
Internet
Disclaimer
Internet
connectivity requires access services from an Internet access provider. Contact
your local access provider for rates, terms and conditions.
56K
Disclaimer
56K modems are
capable of 56Kbps downloads, however, current regulations limit download speed
to 53Kbps.
Pricing and Information
Disclaimer
All prices are
subject to change. For all prices, products and offers, Inglot Cosmetics
reserves the right to make adjustments due to changing market conditions,
product discontinuation, manufacturer price changes, errors in advertisements
and other extenuating circumstances. High volume orders are welcome! While
Inglot Cosmetics uses reasonable efforts to include accurate and up-to-date
information on the Site, Inglot Cosmetics makes no warranties or representations
as to the Site's accuracy. Inglot Cosmetics assumes no liability or
responsibility for any errors or omissions in the content on the
Site.
Limitation of
Liability
Inglot
Cosmetics will not be liable for lost profits, loss of business or other
consequential, special, indirect, or punitive damages, even if advised of the
possibility of such damages, or for any claim by any third party except as
expressly provided herein. Inglot Cosmetics will not be liable for products or
services not being available for use or for lost or corrupted data or software.
Customer agrees that for any liability related to the purchase of products or
services, Inglot Cosmetics is not liable or responsible for any amount of
damages above the aggregate dollar amount paid by customer for the purchase(s)
under this agreement. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may
not apply to you. If the foregoing limitations are held inapplicable or
unenforceable for any reason, then the maximum liability of Inglot Cosmetics to
you for any type of damages shall be limited to the greater of the actual amount
paid by you for any products offered on the shopping area or u.s. $100.00.
Orders; Payment Terms;
Interest; Taxes
Orders
are not binding upon Inglot Cosmetics until accepted by Inglot Cosmetics. Terms
of payment are within Inglot Cosmetics' sole discretion. Invoices are due and
payable within the time period noted on the invoice, measured from the date of
the invoice. Inglot Cosmetics may invoice parts of an order separately. Customer
agrees to pay interest on all past-due sums at the highest rate allowed by law.
The Customer is responsible for sales and all other taxes associated with the
order. Some of the reasons your order may be declined are if the goods are
unavailable, if pricing is in error, or if there are problems concerning credit
or an issue of fraud is detected. If your order is declined, we will
credit your credit card for any amount charged with respect to such order.
Inglot Cosmetics reserves the right without prior notice to discontinue or
change product specifications, locations where products are delivered, and
prices on products and services offered on the Site without incurring any
obligation to you.
1.3
Return and Refund Policy
General
If you want/ wish/ decide/ need to
return a product(s) purchase from our Site, please fill out the “Return
Section” of the invoice that was enclosed in your original order.
Place the invoice inside the package with the item(s) being returned, retaining
a copy for your records.
· You may return item(s) up
to 30 days after the delivery date.
· All item(s) will be inspected
upon receipt by us. Only full, unused, and unopened containers in its original
packaging will/can be accepted for refund, unless such item(s) is determined to
be defective by us. Defective items will be replaced if available, failing which
a refund will be issued.
· Only items purchased from this
Site can be accepted for a refund.
· Products received or ordered from
this Site will not be accepted for return at Any INGLOT Retail Stores, or any
other locations selling Inglot products.
· We are not responsible for any
item(s) returned to us because such item(s) are undeliverable, unless due to our
fault. Except if our fault, you will receive a refund for the item(s), but not
shipping. If you choose to have us re-ship such item(s) you will be charged for
such costs.
· Any refund will be issued to the
account used to place the original order. It may take up to 5 business days for
such refund to be posted to your account.
It is your responsibility to retain
all shipping receipts and tracking information. Insured shipping is recommended
for the return package.
We are not responsible for any loss
or damage caused by the shipping company. It is your responsibility to inspect
all orders promptly upon receipt and to immediately inform us of any damage.
If you have questions about
returns, please feel free to contact us by phone at 855-224-1922 or by email:
salesrep@inglotusa.com
Credit
Cards
Credit card charges
are processed online after ordering the products and/or services.
Quantity Limits and
Dealer Limits
Inglot
Cosmetics reserves the right, at its sole discretion, to limit the number of
items purchased per person, per household, or per order. These
restrictions also may be applicable to orders placed by the same account, the
same credit card, and also to orders that use the same billing and/or shipping
address, or are placed by dealers.
2. Terms
and conditions of website use
By visiting, browsing, shopping, accessing or
otherwise using this web site (the "site") operated by Inglot USA LLC
(hereinafter referred to as “Inglot Cosmetics”) you agree to be bound by these
terms and conditions.
Important Information
About This Legal Contract
You agree to this User Agreement, and all of its
terms and conditions, including, without limitation, the Privacy Policy by
visiting, browsing, shopping, accessing or otherwise using the Site. The
Terms and Conditions of Use and Privacy Policy are collectively referred to
herein as the “User Agreement”). These terms and conditions are
subject to change without prior notice at any time, in Inglot Cosmetics' sole
discretion. By visiting, browsing, shopping, accessing or otherwise using the
Site after a change has been posted to the Site, the Customer accepts that
change. Customers should check this User Agreement frequently. It is your
obligation to review the User Agreement from time to time. Any changes to
the Terms and Conditions or Policy will be effective immediately upon posting to
the Site and shall be binding upon you if you continue to use the Site after
they have been posted, as set forth below.
Acceptance of Contract
Terms
This User
Agreement, and all of its terms and conditions, constitute a legal contract
between you and Inglot Cosmetics (References in this User Agreement to "you" or
"your" or “user” shall relate to a customer of Inglot Cosmetics or other party
that visits, browses, shops, accesses or otherwise uses the Site (collectively
referred to herein as the "Customer"; references to "Inglot Cosmetics" shall
relate to Inglot Cosmetics and/or its affiliates. Inglot Cosmetics may
sometimes be referred to herein as “we” or “our”) By visiting, browsing,
shopping, accessing or otherwise using this site ("Site"), you acknowledge that
you have read, understood, and agree to be bound by this User Agreement and
comply with all applicable laws and regulations, including U.S. export and
re-export control laws and regulations. If you do not agree to this User
Agreement, as it may be changed by Inglot Cosmetics from time to time, do not
use this Site. Your continued use of the Site will constitute your agreement to
the most current version of the User Agreement. The material provided on this
Site is protected by law, including, but not limited to, United States copyright
law and international treaties. This Site is controlled and operated by Inglot
Cosmetics from its offices within the United States and outside the United
States. Inglot Cosmetics makes no representation that materials in the Site are
appropriate or available for use in other locations, and access to them from
territories where their contents are illegal is not authorized. Those who choose
to access this Site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws in such locations.
Any
claim relating to, and the use of, this Site and the materials contained herein
is governed by the laws of the State of New York without regard to conflict of
law rules. You consent to jurisdiction of the federal and state courts located
in NEW YORK County, New York to hear any such claims.
Access, Interference and
Linking
The Site and its
services are intended to facilitate the offering for sale of Inglot Cosmetics.
Inglot Cosmetics grants you a limited license to access and make personal use of
the Site and not to download (other than page caching) or modify it, or any
portion of it, except as provided below under "Use Restrictions," or with
express written consent of Inglot Cosmetics.
The following activity on
the Site is expressly prohibited: Any non-personal or commercial use of any
robot, spider, other automatic device, or manual process to monitor or copy
portions of the Site or the content contained herein without prior written
permission by Inglot Cosmetics; collection or use of any product listings,
descriptions, or prices, from the Site for the benefit of another merchant that
supplies products competitive with or comparable to those offered on the Site;
and, Any use of, visits to, or other action that imposes an unreasonable or
disproportionately large load on the Site, or otherwise interferes with its
proper and timely functioning.
Any unauthorized use terminates the
license granted by Inglot Cosmetics. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of the Site so long as
the link does not portray Inglot Cosmetics, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any Inglot Cosmetics logo or other proprietary graphic or trademark
as part of the link without express written permission. Inglot Cosmetics does
not review or control third-party sites that link to or from the Site, and is
not responsible for the contents of any third-party sites linked to or from the
Site.
Inglot Cosmetics reserves the right to suspend your use of the Site
for any reason at any time, in its sole discretion.
Use
Restrictions
The
copyright in all material provided on this Site is held by Inglot Cosmetics or
by the original creator of the material. Except as stated herein, none of the
material may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of Inglot Cosmetics or the copyright owner.
Permission is granted to display, copy, distribute and download the materials on
this Site for personal, non-commercial use only; provided you do not modify the
materials and that you retain all copyright and other proprietary notices
contained in the materials. This permission terminates automatically if you
breach any of these terms or conditions. Upon termination, you must immediately
destroy any downloaded or printed materials. You also may not, without Inglot
Cosmetics' prior written permission, "mirror" any material contained on this
Site on any other server. Any unauthorized use of any material contained on this
Site may violate copyright laws, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes. All trademarks and
registered trademarks are the sole property of their respective owners.
Photographs courtesy of respective manufacturers. Inglot Cosmetics and the
Circle of Service logo are trademarks of Inglot Cosmetics Copyright 2010 Inglot
Cosmetics Microsoft and the Passport Logo are either registered trademarks or
trademarks of Microsoft Corporation in the United States and/or other countries
and are used under license from Microsoft. Without limiting the generality of
the foregoing, your use of the Site is also subject to the following
restrictions:
a. You may not send unsolicited
commercial e-mail to Users. In addition, spam, chain e-mails, advertising
solicitations and similar e-mail solicitations are expressly
prohibited;
b. You may not delete, edit or revise any material
posted by any other person or entity. You may not copy, duplicate,
download or otherwise use any material posted by any other person or entity
except for the purposes permitted by these Terms and Conditions of Use.
You may not interfere with the
proper operation of the Site including, but not limited to, by attacking,
hacking into, or otherwise attempting to penetrate any non-publicly accessible
elements of the Site, through the use of bots, Trojan Horses, viruses, DNS
attacks, or other technology which is designed or intended to interfere with the
proper operation of the Site or the use of the Site by any Users
Disclaimer of Warranties
and Limitation of Liability
Your agreement to the following
disclaimers and limitations are a material inducement for us to permit you to
access the Site. Your use of the Site, and the obligations and liabilities
of us in respect of your use of the Site, is expressly limited as
follows:
a. Conduct of Users
We assume no responsibility for the
activities or conduct of Users.
b. Accuracy of Information
We make no representations or
warranties regarding the truthfulness, accuracy, completeness, timeliness or
reliability of any information submitted by users, or of any other form of
communication engaged in or information exchanged by users. Information on the
site may contain inaccuracies or typographical errors. You acknowledge
that any reliance on information submitted by users or on any other form of
communication with users will be at your own risk. We attempt to be as accurate
as possible when describing our products on this site. However, to be extent
permitted by applicable law, we do not warrant that the product colors,
information, descriptions or other content available on the site are accurate,
reliable, error-free or complete.
c. Disclaimer of Warranties
The Site is provided "as is" and
without any warranty whatsoever. We disclaim any and all express and implied
warranties whatsoever, including without limitation, the warranties of
merchantability, title, non-infringement of third parties rights, and fitness
for particular purpose.
d. Indemnification
You agree to indemnify, defend and
hold us harmless from and against any and all liability, claims, causes of
actions, damages, costs and expenses, including but not limited to, attorneys
fees and costs of suit, arising out of your breach of these Terms and Conditions
of Use.
e. Limitation on Liability
Under no circumstances, including,
but not limited to, negligence, shall Inglot Cosmetics be liable for any direct,
indirect, special, incidental or consequential damages, including, but not
limited to, loss of data or profit, arising out of the use, or the inability to
use, the materials on this site, even if Inglot Cosmetics or a Inglot cosmetics
authorized representative has been advised of the possibility of such damages.
If your use of materials from this site results in the need for servicing,
repair or correction of equipment or data, you assume any costs thereof. Some
states do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you. If the
foregoing limitations are held inapplicable or unenforceable for any reason,
then the maximum liability of Inglot Cosmetics to you for any type of damages
shall be limited to the greater of the actual amount paid by you for any
products offered on the shopping area or U.S. $100.00.
Limitations of
Information Submitted
Any
submission of information to us through the Site is subject to the following
guidelines and restrictions:
a. It may not
contain URLs or links to any Internet Web sites (To advertise your company or
Web site, contact our Sales department);
b. It may not contain copyrighted
material (unless you own the copyright or have the owner's permission to post
the copyrighted material);
c. It may not contain trade secrets
(unless you own them or have the owner's permission to post them);
d. It may not contain material that
infringes on the intellectual property rights of others, including but not
limited to, copyright, trademark, patent, or trade secret rights;
e. It may not contain material that
is sexually explicit, obscene, libelous, defamatory, threatening, harassing,
abusive, or hateful;
f. It may not contain information
that is known by you to be untrue, false or misleading or which does not fairly
or accurately depict or describe the subject matter, which is the subject of the
information posted by you;
g. It may not present information,
which impersonates another person, whether living or dead, misstate the identity
of any person, or misstate or mislead as to gender or age;
h. You may not solicit money,
investments or make any offering of securities or investments;
i. You may not submit chain letters
or pyramid schemes; and You may not submit opinions or notices, commercial or
otherwise..
Monitoring of
Information
We do not
assume any obligation to review the accuracy, completeness, truthfulness or
content of any information submitted to the Site. User assumes the risk of
verifying the accuracy of information posted through independent
investigation. Notwithstanding, we may in our discretion review
information submitted to the Site for any purpose whatsoever and we reserve the
right, in our sole discretion, to reject any information submitted to the Site
for any reason whatsoever.
Rights to
Information
User hereby
grants to us an irrevocable, perpetual, worldwide right and license to use and
display all information submitted by you, subject to our Privacy
Policy.
Security
Rules
To ensure the
security of the Site and of Users, the following security rules govern your use:
a. Protect Your Password. You are
responsible for maintaining the confidentiality of your information and
password, and you are responsible for all uses of your registration, whether or
not authorized by you. In the event you lose your password or become
aware of misuse or unauthorized use of your password, it is your obligation to
immediately notify us. We shall have no responsibility for loss or misused
passwords or for unauthorized access occasioned by the foregoing.
b. Prohibited Uses:
- (i) Accessing data not
intended for you or logging into a server or account which the you are not
authorized to access;
-(ii) Attempting to probe, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization;
- (iii) Attempting to
interfere with service to any User, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading,
"flooding", "mailbombing" or "crashing";
-(iv) Sending unsolicited e-mail,
including promotions and/or advertising of products or services; and
-(v) Forging any TCP/IP packet
header or any part of the header information in any e-mail or newsgroup
posting.
Violation of these security rules
may result in civil or criminal liability in addition to the termination of your
access rights. We will investigate occurrences which may involve such
violations and may involve, and cooperate with, law enforcement authorities in
prosecuting Users who are involved in such violations.
Privacy
Policy
Please review our
Privacy Notice, which also governs your visit to this Site. You are responsible
for maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. If you are under 18,
you may use the Site only with a parent or guardian. Inglot Cosmetics reserves
the right to refuse service, terminate accounts, remove or edit content, or
cancel orders in its sole discretion.
Communications to Inglot
Cosmetics
Any
communication or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions, or the like is,
and will be treated as, non-confidential and non-proprietary. Anything you
transmit or post may be used by Inglot Cosmetics for any purpose, including but
not limited to reproduction, disclosure, transmission, publication, broadcast,
and posting. Furthermore, Inglot Cosmetics is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to Inglot
Cosmetics or the Site for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products using such
information.
Privacy
Policy
Please review our
Privacy Notice, which also governs your visit to this Site. You are responsible
for maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. If you are under 18,
you may use the Site only with a parent or guardian. Inglot Cosmetics reserves
the right to refuse service, terminate accounts, remove or edit content, or
cancel orders in its sole discretion.
Copyright
Infringement Complaints
Inglot Cosmetics will respond to claims of
copyright infringement, and will promptly process and investigate notices of
alleged infringement by third parties and will take appropriate actions under
the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code,
Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of
claimed copyright infringement by third parties should be sent to the Site's
designated agent noted below (the “Designated Agent”). If you believe that
your copyrighted work has been infringed under U.S. copyright law and is
accessible on the Site, please notify us by contacting the Designated Agent.
In order to give effective
notification of a claim of copyright infringement by a third party under the
DMCA, You must send a written communication to the Designated Agent that
includes substantially the following: (1) a physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (2) identification of the copyrighted work, or, if multiple
copyrighted works at a single online Site are covered by a single notification,
a representative list of such works at that Site, that are claimed to have been
infringed; (3) identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to
permit us to locate the material; (4) information reasonably sufficient to
permit Shopping Area to contact the complaining party, such as an address,
telephone number, and, if available, an e-mail address at which the complaining
party may be contacted; (5) a statement that the complaining party has a good
faith belief that neither the copyright owner, nor its agent nor the law has
authorized the use of the material in the manner complained of; and (6) 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.
The Designated Agent for notice of
claims of copyright infringement can be reached as follows:
Inglot Cosmetics
Chelsea Market Building
New York NY, 10011
Phone:
855-224-1922
Email: salesRep@inglot.pll
Disagreement with These
Terms and Conditions
If
you disagree with any of the terms and conditions of this User Agreement, please
do not visit, browse, shop, access or otherwise use this
Site.
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