Alison Raffaele Cosmetics Terms and Conditions of Use
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.
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
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.