BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS
WEB SITE (THE "SITE") OPERATED BY Alison Raffaele 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, by visiting,
browsing, shopping, accessing or otherwise using the Site. These terms and
conditions are subject to change without prior notice at any time, in Alison
Raffaele Cosmetics's 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 and the
Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all
of its terms and conditions, constitute a legal contract between you and Alison
Raffaele Cosmetics (References to "you" or "your" shall relate to a customer of
Alison Raffaele Cosmetics or other party that visits, browses, shops, accesses
or otherwise uses the Site (the "Customer"); references to "Alison Raffaele
Cosmetics" shall relate to Alison Raffaele Cosmetics and its affiliates.) 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 Alison Raffaele Cosmetics from time
to time, do not use this Site. 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 Alison Raffaele
Cosmetics from its offices within the United States. Alison Raffaele 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.
Any claim relating to, and the use of,
this Site and the materials contained herein is governed by the laws of the
state of NJ without regard to conflict of law rules. You consent to jurisdiction
of the federal and state courts located in BERGEN County, NJ to hear any such
claims.
Access, Interference and Linking
Alison Raffaele
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 Alison Raffaele 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
Alison Raffaele 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 Alison
Raffaele 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 Alison Raffaele Cosmetics, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any Alison Raffaele Cosmetics logo or other proprietary
graphic or trademark as part of the link without express written
permission.
Alison Raffaele 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.
Use Restrictions
The copyright in all material provided
on this Site is held by Alison Raffaele 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 Alison Raffaele 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 Alison
Raffaele Cosmetics 's 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.
Limitation of Liability
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Alison Raffaele 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 Alison Raffaele
Cosmetics OR A Alison Raffaele 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.
Arbitration
By accessing the Site and using the
information therein available and/or by purchasing any products or services made
available through this Site, you agree with Alison Raffaele Cosmetics, its
service providers, agents, employees, successors, assigns, affiliates, parents,
subsidiaries and any content provider or offer or of goods or services on this
Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER
THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF
THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR
OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of
Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim
is filed. The Code is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision
included in this User Agreement, this arbitration agreement is subject to the
Federal Arbitration Act (9 U.S.C. 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Cliffside Park, NJ. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Privacy
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. Alison Raffaele Cosmetics reserves the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in
its sole discretion.
Communications to Alison Raffaele 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 Alison Raffaele Cosmetics for any purpose,
including but not limited to reproduction, disclosure, transmission,
publication, broadcast, and posting. Furthermore, Alison Raffaele Cosmetics is
free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to Alison Raffaele Cosmetics or the Site for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing
products using such information.
Copyright Complaints
If you believe that your work has
been copied in a way that constitutes copyright infringement, please
contact:
Alison Raffaele Cosmetics
250 Gorge Road
Cliffside Park NJ,
07010
Phone: 201-293-0241
Fax: 201-735-7722
Email:
melissa@alisonraffaele.com
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.
Alison Raffaele Cosmetics, Inc. 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 Alison Raffaele Cosmetics. IN WHICH CASE THE SEPARATE
AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale
Agreement is a legal contract between the Customer and Alison Raffaele
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" shall relate to the Customer; references to "Alison Raffaele Cosmetics"
shall relate to Alison Raffaele Cosmetics and its affiliates.) 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
Alison Raffaele 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 Alison Raffaele 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 Alison Raffaele 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 NJ, WITHOUT REGARD TO CONFLICTS OF
LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE
COURTS LOCATED IN BERGEN COUNTY, NJ FOR PURPOSES OF ANY SUIT, ACTION OR
PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
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 Alison Raffaele Cosmetics is Alison Raffaele
Cosmetics's 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 being purchased are being
purchased for purposes of export, the Customer must obtain from the federal
government 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.
General Legal Disclaimer
Alison Raffaele 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 Alison Raffaele 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.
Pricing and Information Disclaimer
All pricing subject to
change. For all prices, products and offers, Alison Raffaele 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 bids are welcome!
While Alison
Raffaele Cosmetics uses reasonable efforts to include accurate and up-to-date
information on the Site, Alison Raffaele Cosmetics makes no warranties or
representations as to the Site's accuracy. Alison Raffaele Cosmetics assumes no
liability or responsibility for any errors or omissions in the content on the
Site.
Limitation of Liability
Alison Raffaele 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. Alison Raffaele 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,
Alison Raffaele 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.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER
IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND
INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising
from or relating to this Sale Agreement, its interpretation, or the breach,
termination or validity thereof, the relationships which result from this Sale
Agreement (including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories to this Sale
Agreement), Alison Raffaele Cosmetics's advertising, or any related purchase
SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY
THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The
Code is available at http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law provision included in
this Sale Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. 1-16) and the New York Convention on the Enforcement
of Arbitration Awards (9 U.S.C. 201-208 or as codified in the jurisdiction where
enforcement of the award is sought). Hearings shall be held as provided by the
Code and if any In-person Hearing is required, it shall be held in Cliffside
Park, NJ. Judgment on the award rendered by the arbitrator(s) may be entered by
any court having jurisdiction. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Orders, Payment Terms, Interest, Taxes
Orders are not
binding upon Alison Raffaele Cosmetics until accepted by Alison Raffaele
Cosmetics. Terms of payment are within Alison Raffaele Cosmetics's sole
discretion. Invoices are due and payable within the time period noted on the
invoice, measured from the date of the invoice. Alison Raffaele 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.
Freight Policy
Shipping and handling charges on all
orders vary; contact your Alison Raffaele Cosmetics account manager for our most
current and competitive rates, options and shipping specials. In some
circumstances, international shipping may be available. Call for details.
Return Policy
We require that you acquire a
"Returned Merchandise Authorization" (RMA) number before a return can be
processed. Please use the CONTACT US page to request an
RMA. If you are dissatisfied with any Alison Raffaele Product, you may
return it within 14 days for a full refund, provided the product is
unopened and unused. Return shipping to us will be at your
expense. After receipt of the unopened and undamaged product we will issue
you a full refund, less shipping charges, to your credit card.
Returns (unopened and unused) received between 14 days and 30
days of receipt will result in a credit to your account equal to the
original purchase price for future purchases from Alison Raffaele
Cosmetics. Additionally, returns processed between 14 and 30 days after
receipt incur a restocking fee of 10% of the original purchase price of the
returned products, except in the case of damages incurred during
shipment. In the event of damages incurred during shipping, we may ask that
you provide certain information to us, prior to approval of refund, in order to
file a claim with the shipper. For all issues concerning returned product,
please refer to our "Contacts" page for customer service.
Credit Cards
Credit card charges are processed online
after ordering the products and/or services.
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS
WEB SITE (THE "SITE") OPERATED BY Alison Raffaele 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, by visiting,
browsing, shopping, accessing or otherwise using the Site. These terms and
conditions are subject to change without prior notice at any time, in Alison
Raffaele Cosmetics's 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 and the
Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all
of its terms and conditions, constitute a legal contract between you and Alison
Raffaele Cosmetics (References to "you" or "your" shall relate to a customer of
Alison Raffaele Cosmetics or other party that visits, browses, shops, accesses
or otherwise uses the Site (the "Customer"); references to "Alison Raffaele
Cosmetics" shall relate to Alison Raffaele Cosmetics and its affiliates.) 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 Alison Raffaele Cosmetics from time
to time, do not use this Site. 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 Alison Raffaele
Cosmetics from its offices within the United States. Alison Raffaele 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.
Any claim relating to, and the use of,
this Site and the materials contained herein is governed by the laws of the
state of NJ without regard to conflict of law rules. You consent to jurisdiction
of the federal and state courts located in BERGEN County, NJ to hear any such
claims.
Access, Interference and Linking
Alison Raffaele
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 Alison Raffaele 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
Alison Raffaele 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 Alison
Raffaele 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 Alison Raffaele Cosmetics, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any Alison Raffaele Cosmetics logo or other proprietary
graphic or trademark as part of the link without express written
permission.
Alison Raffaele 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.
Use Restrictions
The copyright in all material provided
on this Site is held by Alison Raffaele 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 Alison Raffaele 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 Alison
Raffaele Cosmetics 's 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.
Limitation of Liability
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Alison Raffaele 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 Alison Raffaele
Cosmetics OR A Alison Raffaele 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.
Arbitration
By accessing the Site and using the
information therein available and/or by purchasing any products or services made
available through this Site, you agree with Alison Raffaele Cosmetics, its
service providers, agents, employees, successors, assigns, affiliates, parents,
subsidiaries and any content provider or offer or of goods or services on this
Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER
THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF
THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR
OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of
Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim
is filed. The Code is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision
included in this User Agreement, this arbitration agreement is subject to the
Federal Arbitration Act (9 U.S.C. 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Cliffside Park, NJ. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Privacy
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. Alison Raffaele Cosmetics reserves the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in
its sole discretion.
Communications to Alison Raffaele 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 Alison Raffaele Cosmetics for any purpose,
including but not limited to reproduction, disclosure, transmission,
publication, broadcast, and posting. Furthermore, Alison Raffaele Cosmetics is
free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to Alison Raffaele Cosmetics or the Site for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing
products using such information.
Copyright Complaints
If you believe that your work has
been copied in a way that constitutes copyright infringement, please
contact:
Alison Raffaele Cosmetics
250 Gorge Road
Cliffside Park NJ,
07010
Phone: 201-293-0241
Fax: 201-735-7722
Email:
melissa@alisonraffaele.com
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.
Alison Raffaele Cosmetics, Inc. 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 Alison Raffaele Cosmetics. IN WHICH CASE THE SEPARATE
AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale
Agreement is a legal contract between the Customer and Alison Raffaele
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" shall relate to the Customer; references to "Alison Raffaele Cosmetics"
shall relate to Alison Raffaele Cosmetics and its affiliates.) 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
Alison Raffaele 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 Alison Raffaele 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 Alison Raffaele 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 NJ, WITHOUT REGARD TO CONFLICTS OF
LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE
COURTS LOCATED IN BERGEN COUNTY, NJ FOR PURPOSES OF ANY SUIT, ACTION OR
PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
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 Alison Raffaele Cosmetics is Alison Raffaele
Cosmetics's 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 being purchased are being
purchased for purposes of export, the Customer must obtain from the federal
government 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.
General Legal Disclaimer
Alison Raffaele 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 Alison Raffaele Cosmetics IN NO WAY AFFECTS THE
TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
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services from an Internet access provider. Contact your local access provider
for rates, terms and conditions.
Pricing and Information Disclaimer
All pricing subject to
change. For all prices, products and offers, Alison Raffaele 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 bids are welcome!
While Alison
Raffaele Cosmetics uses reasonable efforts to include accurate and up-to-date
information on the Site, Alison Raffaele Cosmetics makes no warranties or
representations as to the Site's accuracy. Alison Raffaele Cosmetics assumes no
liability or responsibility for any errors or omissions in the content on the
Site.
Limitation of Liability
Alison Raffaele 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. Alison Raffaele 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,
Alison Raffaele 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.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER
IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND
INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising
from or relating to this Sale Agreement, its interpretation, or the breach,
termination or validity thereof, the relationships which result from this Sale
Agreement (including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories to this Sale
Agreement), Alison Raffaele Cosmetics's advertising, or any related purchase
SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY
THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The
Code is available at http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law provision included in
this Sale Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. 1-16) and the New York Convention on the Enforcement
of Arbitration Awards (9 U.S.C. 201-208 or as codified in the jurisdiction where
enforcement of the award is sought). Hearings shall be held as provided by the
Code and if any In-person Hearing is required, it shall be held in Cliffside
Park, NJ. Judgment on the award rendered by the arbitrator(s) may be entered by
any court having jurisdiction. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Orders, Payment Terms, Interest, Taxes
Orders are not
binding upon Alison Raffaele Cosmetics until accepted by Alison Raffaele
Cosmetics. Terms of payment are within Alison Raffaele Cosmetics's sole
discretion. Invoices are due and payable within the time period noted on the
invoice, measured from the date of the invoice. Alison Raffaele 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.
Freight Policy
Shipping and handling charges on all
orders vary; contact your Alison Raffaele Cosmetics account manager for our most
current and competitive rates, options and shipping specials. In some
circumstances, international shipping may be available. Call for details.
Return Policy
We require that you acquire a
"Returned Merchandise Authorization" (RMA) number before a return can be
processed. Please use the CONTACT US page to request an
RMA. If you are dissatisfied with any Alison Raffaele Product, you may
return it within 14 days for a full refund, provided the product is
unopened and unused. Return shipping to us will be at your
expense. After receipt of the unopened and undamaged product we will issue
you a full refund, less shipping charges, to your credit card.
Returns (unopened and unused) received between 14 days and 30
days of receipt will result in a credit to your account equal to the
original purchase price for future purchases from Alison Raffaele
Cosmetics. Additionally, returns processed between 14 and 30 days after
receipt incur a restocking fee of 10% of the original purchase price of the
returned products, except in the case of damages incurred during
shipment. In the event of damages incurred during shipping, we may ask that
you provide certain information to us, prior to approval of refund, in order to
file a claim with the shipper. For all issues concerning returned product,
please refer to our "Contacts" page for customer service.
Credit Cards
Credit card charges are processed online
after ordering the products and/or services.
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