Consumer Terms & Conditions

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 website, 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. The Xtreme Lashes makes no representations or warranties about the completeness or accuracy of this website content.

You acknowledge that your use of this website and/or election to purchase products or services from the Xtreme Lashes constitutes your agreement to all of the terms, conditions, and notices contained herein.  The Xtreme Lashes reserves the right to change the terms, conditions, and notices contained herein with or without notice.

The Xtreme Lashes 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 obtained from our website, software, videos, education and training materials, or product packaging without prior written consent from Xtreme Lashes, LLC. All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, is the copyrighted property of Xtreme Lashes, LLC. ALL RIGHTS RESERVED.

II. Product Information

All prices displayed on the website are quoted in U.S. Dollars.

If any minor uses any goods or product from Xtreme Lashes, 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 Xtreme Lashes 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 Xtreme Lashes 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. Xtreme Lashes 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. Xtreme Lashes 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 Xtreme Lashes may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Xtreme Lashes. Xtreme Lashes 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 cause a violation of these Terms of Use, as determined by Xtreme Lashes in its sole discretion.

III. Indemnification; Limitation of Liability and Disclaimer of Warranties

Xtreme Lashes reserves the right to refuse sales and service to anyone for any reason at any time.

Xtreme Lashes is not liable to you for any incidental damages related to or arising out of your purchase or use of any and all products or services from Xtreme Lashes.  Xtreme Lashes’ liability to you related to or arising out of your purchase of any and all products or services from Xtreme Lashes is limited to the amount of the refund available to you, if any, as set forth above in these General Terms and Conditions.

Except as expressly set forth in these General Terms and Conditions, Xtreme Lashes makes no warranties to you regarding its products or services.  Xtreme Lashes expressly disclaims all implied warranties related to or arising out of your purchase of products of services from Xtreme Lashes, including, without limitation, those of merchantability and fitness for a particular purpose.  All products and services sold by Xtreme Lashes are sold on an “AS IS, WHERE IS” basis.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD 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”) HARMLESS 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). XTREME LASHES.

IV. REFUND AND EXCHANGE POLICIES

XTREME LASHES RESERVES THE RIGHT TO REFUSE SALES AND SERVICE TO ANYONE FOR ANY REASON OR FOR NO REASON.

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.  WITHIN 60 DAYS OF THE DATE THAT THE POSTAL CARRIER DELIVERS YOUR PRODUCT(S), YOU MAY ELECT TO RETURN UNOPENED, MERCHANDISE FOR A REFUND IN AN AMOUNT EQUAL TO THE PURCHASE PRICE (LESS SHIPPING FEES AND A RESTOCKING FEE EQUAL TO 20% OF THE PURCHASE PRICE), BUT YOU ALSO HAVE THE OPTION TO RECEIVE AN PRODUCT CREDIT AGAINST FUTURE PURCHASES IN AN AMOUNT EQUAL TO THE PURCHASE PRICE (LESS A PROCESSING FEE EQUAL TO 10% OF THE PURCHASE PRICE). PRODUCT CREDITS ACCRUED ON YOUR ACCOUNT SHALL REMAIN ON YOUR ACCOUNT UNTIL THEY ARE REDEEMED FOR QUALIFYING PURCHASES OR UNTIL THEY EXPIRE, WHICHEVER OCCURS FIRST. IF YOU DO NOT COMPLETE A PAID PURCHASE ON YOUR ACCOUNT FOR A PERIOD OF TWELVE (12) CONSECUTIVE MONTHS, THEN ANY ACCRUED PRODUCT CREDITS ON YOUR ACCOUNT WILL AUTOMATICALLY EXPIRE. IF YOUR XTREME LASHES ACCOUNT IS SUSPENDED OR TERMINATED FOR ANY REASON, THEN ANY UNUSED PRODUCT CREDITS ACCRUED ON YOUR ACCOUNT WILL EXPIRE IMMEDIATELY.

IF YOU DETERMINE THAT PRODUCTS SHIPPED TO YOU ARE DEFECTIVE, YOU MUST INFORM XTREME LASHES OF THEIR CONDITION WITHIN FOURTEEN (14) DAYS OF RECEIPT AT 1-877-244-5274. YOU WILL BE GIVEN A RETURN AUTHORIZATION NUMBER (RMA#) 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.

PLEASE INSPECT YOUR ORDER IMMEDIATELY UPON RECEIPT. IF YOU DETERMINE THAT ANY OF THE ITEMS IN YOUR ORDER ARE MISSING OR INCORRECT, PLEASE NOTIFY XTREME LASHES TO CORRECT THE ORDER WITHIN FOURTEEN (14) DAYS OF ORDER RECEIPT.

PROMOTIONAL CREDITS POLICY

PROMOTIONAL CREDITS ACCRUED ON YOUR ACCOUNT SHALL REMAIN ON YOUR ACCOUNT UNTIL THEY ARE REDEEMED FOR QUALIFYING PURCHASES OR UNTIL THEY EXPIRE, WHICHEVER OCCURS FIRST.  FROM TIME TO TIME, THE TERMS OF EXPIRATION FOR PROMOTIONAL CREDITS MAY VARY, AND THE SPECIFIC EXPIRATION DATE WILL BE DISCLOSED TO YOU AT THE TIME OF ISSUANCE.  IN ADDITION, IF YOU DO NOT COMPLETE A PAID PURCHASE ON YOUR ACCOUNT FOR A PERIOD OF TWELVE (12) CONSECUTIVE MONTHS, THEN ANY ACCRUED PROMOTIONAL CREDITS ON YOUR ACCOUNT WILL AUTOMATICALLY EXPIRE. IF YOUR XTREME LASHES ACCOUNT IS SUSPENDED OR TERMINATED FOR ANY REASON, THEN ANY UNUSED PROMOTIONAL CREDITS ACCRUED ON YOUR ACCOUNT WILL EXPIRE IMMEDIATELY. XTREME LASHES RESERVES THE RIGHT TO MODIFY ITS PROMOTIONAL CREDIT POLICY FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE.

V. Shipping and Handling Policies

Xtreme Lashes reserves the right to ship orders via any postal carrier at any time in its sole discretion (including, but not limited to Federal Express, DHL, UPS or the United States Postal Service (USPS)). If you have a valid e-mail address on file, then you will receive a confirmation when your order has been shipped, with tracking numbers.

  1. Shipping and Handling Rates and Times

    All domestic consumer orders will now receive 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 below:

    Shipping and Handling Rates and Times for the United States

     

    Priority

    Overnight

    All Orders

    FREE

    $29.95

    Shipping and Handling Rates for the United Kingdom

    Order Total

    Priority

    $0 - $74.99

    $19.95

    $75.00 or more

    FREE

    *International orders for consumers outside of the United Kingdom will not be accepted by Xtreme Lashes, USA at this time.  Please contact the Xtreme Lashes International Department at 1-877-244-5274 for international shipping details or assistance placing an international order.

  2. Signature Policy

    The Xtreme Lashes 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 Xtreme Lashes is no longer liable for the order. The Xtreme Lashes requires that each time a purchase is made via website or phone that you must request or decline a signature requirement on your order. Xtreme Lashes 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. Xtreme Lashes is not responsible for any loss or damage to orders that may occur while they are in the custody of the freight carrier.

  3. 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 Xtreme Lashes is not liable for delays in shipping due to inclement weather.

VI. Privacy and Cookie Policy

  1. Privacy Policy

    Xtreme Lashes takes our responsibility to protect the privacy and confidentiality of your information, including personal information, very seriously. We maintain physical, electronic and procedural safeguards that comply with applicable legal standards to secure such information from unauthorized access and use, alteration and destruction. We hold our employees accountable for complying with relevant policies, procedures, rules and regulations concerning the privacy and confidentiality of information.

    1. We may disclose information we have about you as required or permitted by law. For example, we may share information with regulatory authorities and law enforcement officials when we believe in good faith that such disclosure is necessary to comply with legal requirements. We may share information with third parties where appropriate to protect against fraud or verify or enforce our terms of use, our other rights, or other applicable policies.
    2. From time to time, we may execute agreements with other companies to provide services to us, or to make services and products available to you. Under these agreements, these companies may receive your personal information, but they must safeguard this information, and they may only use it for those purposes we specify.
    3. We may use the information we collect from you to help us deliver our online services; to administer, evaluate and improve our business (including developing new products and services, improving existing products and services, performing data analytics, and performing accounting, auditing and other internal functions); manage our risks; market our services and products; and to comply with and enforce applicable laws and regulations, relevant industry standards, contractual obligations and our policies. We may also use data that we collect on an aggregate or anonymous basis (such that it does not identify any individual clients) for various business purposes, where permissible under applicable laws and regulations.

    Authorized Purchasers and Account Security

    You are responsible for maintaining the security of your account by updating and correcting information as it changes, including notifying Xtreme Lashes of any new/terminated Lash Stylists or employees and/or any new/terminated users with purchasing access. You must safeguard your password and security pin and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting with your account password/pin is you. You agree that you are solely responsible for any activity that occurs under your account. As part of your account settings, you have the option to save shipping addresses to your account. You will also have the option to save credit cards and bank accounts as “Payment Methods” on your account. You understand that all “Purchasers” you grant purchasing access to will have access to place orders on your Xtreme Lashes account using only your saved payment methods and shipping addresses. You will be responsible for all orders placed on your account by any authorized purchaser. If you would like to add or remove an authorized purchaser on your account, you understand that you must contact Xtreme Lashes to grant and revoke purchasing privileges.

  2. Cookie Policy

    By using this site, you agree to the placement of cookies on your computer in accordance with the terms of this policy. If you do not wish to accept cookies from this site, please either disable cookies or refrain from using this site.

    Types of Cookies

    There are two main types of cookies:

    1. Session cookies: these are temporary cookies that expire at the end of a browser session; that is, when you leave the site. Session cookies allow the website to recognize you as you navigate between pages during a single browser session and allow you to use the website most efficiently. For example, session cookies enable a website to remember that a user has placed items in an online shopping basket.
    2. Persistent cookies: in contrast to session cookies, persistent cookies are stored on your equipment between browsing sessions until expiry or deletion. They therefore enable the website to "recognize" you on your return, remember your preferences, and tailor services to you.

    Our Use of Cookies

    We currently use, and may use in the future, the following types of cookies on this website:

    We use session cookies to:

    1. help us maintain security and verify your details while you use the website as you navigate from page to page, which enables you to avoid having to re-enter your details each time you enter a new page.

    We use persistent cookies to:

    1. help us recognize you as a unique user when you return to our website so that you do not have to input your details multiple times as you move between our pages or services
    2. remember how you have customized your use of this site, such as your preferred currency and time zone
    3. collect and compile anonymous, aggregated information for statistical and evaluation purposes to help us understand how users use the website and help us improve the structure of our website.

    In addition to session cookies and persistent cookies, we may use other types of cookies (or other similar types of technologies) which are set by our website to provide us or third parties with information.

    Many cookies are designed to give you optimal usage of the web. For example, we use cookies to enable you to improve your user experience when using our website; e.g. a cookie which recognizes if your browser supports specific technology features. This helps, for example, in enabling web pages to be loaded more quickly when you request the download of a large file. In addition to cookies which send information to us, we also use cookies which collect information and send it to third parties. An example of this is Google Analytics. We use Google Analytics to help collect and compile information like the number of visitors to the site, where visitors have come to the site from and the pages they visited. Visit Google’s site for an overview of privacy at Google and information on how to opt out of the Google Analytics cookie.

    Disabling Cookies

    Most browsers are initially set to accept cookies. However, you can disable cookies if you wish, generally through changing your internet software browsing settings. It may also be possible to configure your browser settings to enable acceptance of specific cookies or to notify you each time a new cookie is about to be stored on your computer enabling you to decide whether to accept or reject the cookie. To manage your use of cookies, visit the “Help” section on your browser. As our cookies allow you to access some of our website’s features, we recommend that you leave cookies enabled. Otherwise, if cookies are disabled, it may mean that you experience reduced functionality or will be prevented from using this site altogether.

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. Account Holder acknowledges that Xtreme Lashes cannot be held liable for postal carrier delivery delays in conjunction with a Force Majeure Event.

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.

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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