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| Consumer Terms & Conditions:
Product Purchases |
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I. Use of Site. Copyrights and Trademarks. Personal and Non-Commercial Use Limitation.
The terms, conditions, and notices contained herein are provided to you (“the Buyer/Consumer”) in conjunction
with the use of the web sites, products, and services of Xtreme Lashes, LLC (“Xtreme Lashes”). These terms and
conditions are applicable to you upon you accessing the website and/or completing the registration or shopping
process. Xtreme Lashes makes no representations or warranties about the completeness or accuracy of this website
(or any affiliated Xtreme Lashes website(s)) content.
The Xtreme Lashes website(s) is for Buyer’s personal and noncommercial use. Buyer 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 Xtreme Lashes products or website(s).
The entire content included in this Site, including but not limited to: text, design, graphics, interfaces, or
code and the selection and arrangements thereof is copyrighted as a collective work under the United States and
other copyright laws, and is property of Xtreme Lashes. All trademarks, service marks, and trade names are
exclusive property of Xtreme Lashes. ALL RIGHTS RESERVED. |
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II. Indemnification and Limits of Liability
Xtreme Lashes reserves the right to refuse sales and service to anyone for any reason at any time.
BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS XTREME LASHES 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 XTREME LASHES LIABILITY WILL BE
LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. |
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III. Agreement between Consumers (Buyers) and Xtreme Lashes, LLC
You (“the Buyer”) acknowledge that your use of this website and/or election to purchase products or services
of Xtreme Lashes LLC (“Xtreme Lashes”) constitutes your agreement to all of the terms, conditions, and notices
contained herein. Xtreme Lashes reserves the right to change the terms, conditions, and notices contained
herein with or without notice. |
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IV. Shipping Policies:
*All orders placed with Xtreme Lashes by 3 PM CST Monday-Friday, will ship out on the next business
day. Orders placed after 3 PM may not ship until the subsequent business day.
Holiday Shipping Policies and Procedures:
- Orders placed on weekends (Saturday or Sunday) and orders placed on Federal or State holidays (also
including, but not limited to: Christmas Eve, New Year’s Eve, and Good Friday) will be shipped on the
next business day following the weekend or holiday(s).
- If a Federal Holiday (also including, but not limited to: Christmas Eve, New Year’s Eve, and Good
Friday) should occur directly before or after a weekend, orders placed on these Holidays will ship on
the business day following the weekend and the Holiday(s).
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V. Returns and Exchanges:
Xtreme Lashes endeavors to ship products and provide services of only the highest quality. Due to issues
of hygiene, Xtreme Lashes cannot accept product returns after packaging has been opened.
Returns and exchanges of unopened, resalable products are accepted within fourteen (14) days of the date
on the original purchase receipt. Buyer will be credited with his or her purchase price, less shipping, and
less a 20% restocking fee for all authorized returns. Even exchanges of unopened/unused products may be authorized
within fourteen (14) days of date on original purchase receipt, provided the Buyer agrees to pay shipping and
handling costs for exchanged items. In the event that a return or exchange is desired, please contact Xtreme
Lashes within fourteen (14) days of product receipt at 877-244-5274 to receive a return authorization number
(RA#) and shipping instructions. Once Customer Service has issued a RMA#, Buyer must return the item within
seven (7) calendar days.
Should you, the Buyer, determine that products shipped to you are defective, please advise Xtreme Lashes of
their condition within fourteen (14) days of purchase date on receipt at 877-244-5274. You will be given a
return authorization number (RA#) with shipping instructions. All products must be returned in original
packaging. Xtreme Lashes reserves the right to either replace defective product or provide a refund of the
purchase price upon receipt of defective product (s). Once Customer Service has issued a RMA#, Buyer must
return the item within seven (7) calendar days.
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VI. Privacy Policy:
Xtreme Lashes respects your privacy and values your trust. Xtreme Lashes will not sell or give away any
information about you or your company to any third party. Xtreme Lashes will use your information to deliver
products and services that you have requested or ordered. Occasionally, Xtreme Lashes will use your contact
information to send you information about Xtreme Lashes, including information regarding special promotions
and new products. Xtreme Lashes will promptly remove your name from our mailing list upon request. |
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VII. 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. |
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VIII. 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. |
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IX. 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. |
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