Consumer Terms and Conditions: Product Purchases
I. Use of Site. Copyrights and Trademarks. Personal and Non-Commercial
The terms, conditions, and notices contained herein are provided to you (“the Buyer/Consumer”)
in conjunction with the use of the website, products, and services of Xtreme Lashes,
LLC (“Company”). These terms and conditions are applicable to you upon you accessing
the website and/or completing the registration or shopping process. The Company
makes no representations or warranties about the completeness or accuracy of this
The Company website(s) is for your personal and noncommercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software, products, or
services obtained from the Company’s products or website(s) without the Company’s
prior written consent. All design, text, graphics, logos, button icons, images,
audio and video clips, the selection and arrangement thereof, is Copyright (c) 2005-2015
Xtreme Lashes, LLC. ALL RIGHTS RESERVED.
II. Product Information
The products displayed on the website can be ordered and delivered only within the
U.S. and Canada. All prices displayed on the website are quoted in U.S. Dollars
and are valid and effective only in the U.S.
If any minor uses any goods or product from Company, it should be only after the
legal or parental guardian has discussed the product with the minor's doctor. All
material and information presented by Company is intended to be used for personal
educational or informational purposes only. The statements made about products have
not been evaluated by the U.S. Food and Drug Administration and the results reported,
if any, may not necessarily occur in all individuals. The statements and products
are not intended to diagnose, treat, cure or prevent any condition or disease. All
products should be used strictly in accordance with their instructions, precautions
and guidelines. You should always check the ingredients for products to avoid potential
allergic reactions. Use of the Company website(s) is not meant to serve as a substitute
for professional medical advice: this website(s) is solely an online store for specialty
beauty products. Please consult with your own physician or health care practitioner
regarding the use of any goods, products or information received from the Website
before using or relying on them. Your physician or health care practitioner should
address any and all medical questions, concerns and decisions regarding the possible
treatment of any medical condition. Company does not give or intend to give any
answers to medical related questions and this website(s) does not replace any medical
professional or medical resource. Company does not represent itself as a physician
nor is this implied. No prescription medications or medical treatments are intentionally
provided on the website(s). IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR
YOUR PHYSICIAN IMMEDIATELY.
The products available on the Website and the Interactive Services, including any
samples Company may provide to you, are for your personal use only. You may not
sell or resell any products you purchase or otherwise receive from Company. Company
reserves the right, with or without notice, to cancel or reduce the quantity of
any order to be filled or products to be provided to you that may result in a violation
III. Indemnification and Limits of Liability
The Company reserves the right to refuse sales and service to anyone for any reason at any time.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS DIRECTORS,
OFFICERS, OWNERS, EMPLOYEES, MANAGERS, SHAREHOLDERS, AGENTS, SUBSIDIARIES, AFFILIATES,
INDEPENDENT CONTRACTORS, CONSULTANTS, SUBCONTRACTORS, SUPPLIERS AND LICENSORS (HEREINAFTER
“XTREME LASHES, ET AL”) AGAINST ANY AND ALL CLAIMS, REQUESTS, ACCUSATIONS, ALLEGATIONS,
ASSERTIONS, COMPLAINTS, PETITIONS, DEMANDS, SUITS, ACTIONS, PROCEEDINGS, GOVERNMENTAL
INQUIRIES, INVESTIGATIONS, DAMAGES, LIABILITIES, ATTACHMENTS, JUDGMENTS, LOSSES,
PENALTIES, FINES, SETTLEMENTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO COURT
COSTS AND REASONABLE ATTORNEYS’ FEES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, OF ANY NATURE ARISING OUT OF OR RELATED TO
THE USE OR MISUSE OF PRODUCTS OR SERVICES SOLD OR SUPPLIED BY XTREME LASHES, ET
AL., INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY OF XTREME LASHES, ET AL.
THIS INDEMNITY IS INTENDED TO APPLY TO ANY THEORY OF RECOVERY INCLUDING, BUT NOT
LIMITED TO, CLAIMS OF ACTUAL OR ALLEGED NEGLIGENCE BY XTREME LASHES, ET AL (WHETHER
ACTIVE OR PASSIVE, SOLE OR CONCURRENT, SIMPLE OR CROSS, STRICT OR STATUTORY), PROVIDED
THAT THE COMPANY’S LIABILITY WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT.
IV. Agreement between Consumers (Buyers) and Company
You acknowledge that your use of this website and/or election to purchase products
or services from the Company constitutes your agreement to all of the terms, conditions,
and notices contained herein. The Company reserves the right to change the terms,
conditions, and notices contained herein with or without notice.
V. Refund and Exchange Policies
Returns and exchanges are accepted within sixty (60) days of the date that product
delivery is confirmed. You will be credited with your purchase price, less shipping.
Please contact the Company within sixty (60) days of product receipt to receive
a return authorization number (RMA#) and shipping instructions. Once Customer Service
has issued a RMA#, you must return the item within seven (7) calendar days. All
products must be returned in original packaging. The Company reserves the right
to either replace defective product or provide a refund of the purchase price upon
receipt of defective product.
VI. General Shipping Details:
Xtreme Lashes, LLC (“Company”) reserves the right to ship orders via Federal Express
or the United States Postal Service (USPS) at any time, at its discretion. If you
have an e-mail address on file with the Company, then you will receive a confirmation
when you order has been shipped, with tracking numbers, if applicable.
A. Shipping and Handling Rates and Times for the United States:
All domestic consumer orders will now recieve FREE Priority shipping via USPS.
Handling and delivery for USPS Priority orders may take up to seven business days.
Other shipping options for the United States addresses are provided in the table
Shipping and Handling Rates and Times for the United States:
Shipping and Handling Rates and Times for the Canada:
|$0.00 - $74.99
|$75.00 or more
*International orders outside of Canada will not be accepted at this time.
B. Signature Policy
The Company does not require a signature for delivery of orders in most cases, but
reserves the right to do so. Once the delivery of an order is confirmed by the freight
carrier,then the Company is no longer liable for the order. The Company requires
that each time a purchase is made via website or phone that you must request or
decline a signature requirement on your order. Company strongly recommends that
you request that a signature be required if there may be a possibility of theft
or damage to orders left at the delivery location. The Company is not responsible
for any loss or damage to orders that may occur while they are in the custody of
the freight carrier.
C. Same Day Shipping Policy
Overnight or priority orders received between Monday and Friday are usually processed
the same day or by the next business day. All overnight or priority orders must
be placed by 3 PM CST to be shipped on the same business day. If placed after 3
PM CST, then your order will be processed the following business day. Priority orders
may take up to seven (7) business days to arrive depending on your postal code.
The Company is not liable for delays in shipping due to inclement weather.
The Company will use your information to deliver products and services that you
have requested or ordered. Occasionally, the Company will use your contact information
to send you information about the Company, including information regarding special
promotions and new products. The Company will promptly remove your name from our
mailing list upon request. As you browse www.xtremelashes.com,
advertising cookies will be placed on your computer so that we can understand which
products and services capture your interest. The Company’s display advertising partner,
AdRoll, then enables the Company to present
you with retargeted advertising on other website based on your previous interaction
with www.xtremelashes.com. The techniques
our partners employ do not collect personal information such as your name, email
address, postal address, or telephone number. You can visit http://www.networkadvertising.org/choices/ to opt out of AdRoll’s and their
partners’ targeted advertising.
VIII. Force Majeure
Notwithstanding any other provision of this Agreement to the
contrary, in the event Xtreme Lashes is prevented from performing its obligations
hereunder as a result of any contingency which is beyond its control (such as any
act of God, war, riot, national emergency, terrorist act, general embargo, fire,
casualty, equipment failure, flood, earthquake or other similar occurrence) (any
such event, a "Force Majeure Event"), Xtreme Lashes shall be excused from its inability
to perform its obligations hereunder, but only to the extent and for the duration
of the Force Majeure Event in question. Xtreme Lashes will provide reasonably prompt
notice of the occurrence of such Force Majeure Event.
IX. Governing Law; Construction
This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, without giving effect to the principles of
conflicts of laws thereof. The construction and interpretation of this Agreement
shall not be strictly construed against the drafter. Any dispute arising under this
Agreement shall be settled by arbitration in the State of Texas in accord with such
procedures as may be acceptable to the parties.
X. Entire Agreement; Amendment; Waiver; Invalidity
This Agreement, together with any schedules and exhibits attached
hereto and made a part hereof, constitutes the entire agreement between the parties
as to the subject matter hereof and shall supersede all prior understandings, letters,
agreements, contracts and other documents. This Agreement may not be amended except
by an instrument in writing signed on behalf of all of the parties hereto. No failure
or delay by either party to exercise, and no course of dealing with respect to,
any right of any such party regarding an obligation of the other party to this Agreement,
shall operate as a waiver thereof, unless agreed to in writing by both parties.
Any single or partial waiver by either party of any obligation of the other party
under this Agreement shall constitute a waiver of such obligation only as specified
in such waiver and shall not constitute a waiver of any other obligation. The invalidity
or unenforceability of any provision of this Agreement shall not affect the validity
or enforceability of any other provisions of this Agreement, all of which shall
remain in full force and effect.