Terms of Agreement

Bellimisa.com

TERMS OF AGREEMENT

Updated _05/_01/16

Bellimisa, LLC (“Bellimisa,” “we” or “our”) operates the Internet site located at www.bellimisa.com (the "Site").

Your continued access and use of the Site is conditional on your acceptance of and continued compliance with the terms and conditions of use set out below (the “Terms and Conditions”). These Terms and Conditions will govern your use of any new features that augment or enhance the current services of the Site (the “Services”). In addition to these Terms and Conditions and any additional terms, the Bellimisa Privacy Policy, found at bellimisa.com/pages/privacy-policy (the “Privacy Policy”)  will govern how personal information you submit on this Site will be used, and together they form the agreement between you and us (the “Agreement”). Nothing in this Agreement will be deemed to confer any third-party rights or benefits. THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

By accessing, browsing, using and/or downloading the pages in this Site or making a purchase through the Site, you agree to accept and comply with this Agreement for each use and visit to this Site. If you do not agree to accept and comply with this Agreement, you should not use this Site.

Changes: Bellimisa reserves the right, at any time, to modify, alter or update this Agreement, and you agree to be bound by such modifications, alterations, or updates (“Modifications”). Such Modifications will be effective immediately. Your use of this Site following any such Modification constitutes your agreement to follow and be bound by this Agreement as modified. Please check this page periodically for changes to this Agreement.

Not to Be Used by Children Under 13:  This Agreement applies to all users of the Site. As a user, you represent and warrant that you either have reached the age of majority in your jurisdiction of residence, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, and while this Site may sell products intended for children, the Site itself is not intended for use or viewing by children under 13.

  1. GRANT AND RESTRICTIONS ON USE

All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trade-marks, service marks and trade names and the selection and arrangements of them (collectively, “Site Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by Bellimisa. Except as expressly provided in this Agreement, no license to use, copy, distribute, republish, transmit or otherwise exploit any Site Content is given to you and all intellectual property rights in and to the Site Content are expressly reserved to Bellimisa.

  1. ACCOUNT, PURCHASES, SUBSCRIPTIONS, AND CANCELLATION

Purchases: There are three types of purchases you can make through the Site (‘Purchase”): (1) a one-time purchase of a product(s)(“Single Purchase”); (2) a subscription for you or a person designated by you, to receive a mascara every 30 days (“Monthly  Subscription”); (3) a subscription for you or a person designated by you, to receive a mascara every 60 days (“Bi-monthly Subscription”). For Single Purchases, you select the product(s) you will receive. For monthly and bi-monthly Subscriptions, the product will be delivered every 30 days or 60 days depending on subscription chosen.   When making a gift, you can have the subscription or single purchase product(s) sent to a designated person other than yourself. (“Designated Recipient”).

Monthly or Bi-monthly Subscription: You will be charged the amount displayed at the time of checkout for the initial membership (“Initial Payment”) in the Subscription (‘Subscription Cost”). Thereafter, your Credit Card will be charged the Subscription Cost every month or every other month until you cancel the Subscription as explained below (“Renewal Payment”). The Renewal Payment will be charged to your Credit Card the same day of the month as the Initial Payment was made for every month or every other month during the Subscription (“Renewal Payment Day”). For months with less than 31 days, if the Initial Payment was on the 29th, 30th, or 31st day of the month, the Renewal Payment will be moved up to the last day of that month. If at any time the  Subscription Renewal Payment cannot be charged to your Credit Card because your Credit Card has expired, is suspended, or other reason related to your Credit Card or Credit Card provider, Bellimisa reserves the right in its sole discretion to terminate or suspend your Subscription or to charge your Credit Card later for the previous Renewal Payments which could not be charged once the issues with your Credit Card have been resolved or you have submitted a new valid Credit Card. If the Renewal Payment cannot be charged to your Credit Card due to a technical issue or error by Bellimisa, our payment processor, or other reason outside the control of Bellimisa, we may charge your Credit Card later for the previous Renewal Payment which could not be charged during the relevant month.

Cancellation of Subscription:  Cancelling a Subscription (“Cancel”) is simple. You can (1 )access your account information by clicking the LOG IN option found in the navigation bar, logging in and clicking the MODIFY option in the menu or (2) notify Bellimisa via email at info@bellimisa.com that you want to cancel your Subscription (“Email Cancellation”). To ensure a successful cancellation, the e-mail must include the order number for the Subscription, name of the person paying for the subscription, name of the person receiving the subscription, and the address where the Subscription is sent. Cancellation will be effective the following month so long as the Cancellation is received by Bellimisa ten days prior to the Renewal Payment (“Cancellation Deadline”). If Cancellation is received by Bellimisa after the Cancellation Deadline, then Cancellation will be effective the following month.

Account: To make a purchase on bellimisa.com you start by setting up an account on the Site (“Account”). When creating an Account, it is important to provide all required information including your name, email address, a password, physical address, and credit card information for a valid credit card owned by you which will be used to make your Purchase (“Credit Card”). Only one (1) Account is permitted per email address. Please ensure all information provided is accurate and complete. The Account set up process will be complete once your Credit Card is successfully charged for your first Purchase. Customers who have purchased a Subscription can change Account information, including the Credit Card associated with your Account at any time by clicking on the MODIFY option under the LOG IN tab in the navigation bar.  If you change the Credit Card associated with your Account, it will change the Credit Card for all Subscriptions associated with your Account.

You may never use another's Account without permission. By creating an Account, you represent and warrant that the information you provide is true and that you will keep it up to date. You are solely responsible for any use or misuse of your Account and must keep your Account password confidential and secure and must notify Bellimisa immediately of any breach of security or unauthorized use of your Account.

Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Bellimisa or others due to such unauthorized use.

  1.  RETURNS AND REFUNDS

Returns: We will replace any products that are damaged during shipping or are otherwise defective at arrival (“Defective products”).  To Return Defective products, send us an email at info@bellimisa.com and we will send you instructions on completing the return/replacement process. Upon receipt of the Required Return Information and any other required items, we’ll send out your replacement product and won’t charge you for shipping.

Refunds: We will refund the cost of any Single Purchase, Subscription, or initial payment of a Subscription made in error, as long as we haven’t already shipped your product before receiving your refund request. To request a refund, you must send an email to info@bellimisa.com (“Refund Request”) containing the order #, your name, email address and the type of Purchase that you want to cancel (“Required Refund Information. If we receive the Refund Request before the product(s) for the relevant Purchase have shipped, we will issue a refund to your Credit Card for the amount of the Purchase. If we’ve already shipped the product for a Subscription, we’ll cancel any future products for that Subscription and refund the cost of the product in the remaining months of the Subscription, but will not refund the cost of the product that have already shipped.

  1. ACCEPTABLE USE

You are prohibited from transmitting any “sensitive” personally identifiable information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card (except to make a Purchase), bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters (“Sensitive Personal Information”). You are also prohibited from: (i) using the Site to send or post harassing, abusive, or threatening messages; (ii) transmitting through the Site any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers; (iii) attempting to conceal or misrepresent the identity of the sender or person submitting the information; (iv) disrupting the normal flow of the Site, including any dialogue on the Site or otherwise act in a manner that negatively affects other participants; (v) sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, provincial/state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming or disabling mechanism; (viii) posting User Submissions or using the Site in such a way that damages the image or rights of Bellimisa, other users or third parties; (ix) using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Site Content in whole or in part, including, without limitation, creating any frames at any other Websites pertaining to any portions of this Site.

  1. ACCESS AND ACCOUNT TERMINATION

Bellimisa reserves the right to deny or revoke access to this Site, or any part of it, or to otherwise terminate your access to the Site, at any time in its sole discretion, with or without cause and without notice to you.

  1. ACCESS TO SITE

While Bellimisa endeavors to ensure that this Site is available at all times, Bellimisa will not be liable if, for any reason, this Site is unavailable at any time or for any period.

  1. DISCLAIMER

THE MATERIALS, INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BELLIMISA DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), INCLUDING THOSE ARISING BY STATUE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. BELLIMISA DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE WILL BE AVAILABLE OR ERROR- FREE.

  1. LIABILITY

YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BELLIMISA, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE LIMITED LIABILITY MEMBERS, OFFICERS, EMPLOYEES, SHAREHOLDERS AND AGENTS OF BELLIMISA EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR SUBMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PERSON ON THE SITE, ANY OTHER MATTER RELATED TO THIS SITE AND ANY WEBSITES LINKED TO THE SITE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR ANY WEBSITE LINKED TO THE SITE. 

  1. LEGAL MATTERS

LIMITIATIONS & WAIVERS: BY USING, MAKING A PURCHASE THROUGH, OR OTHERWISE INTERACTING WITH THIS SITE, YOU AGREE TO THAT (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SITE, OR ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO REASONABLE AND ACTUAL OUT-OF- POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEY'S FEES; (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN DAMAGES FOR REASONABLE AND ACTUAL OUT-OF-POCKET EXPENSES ; (D)  YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF; AND (E) YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

Governing Law & Jurisdiction: All disputes in connection with Site and any purchases made through the Site, shall be governed by, and construed in accordance with, the laws of the State of Kansas, without giving effect to the conflict of laws rules thereof, shall take place in the State of Kansas in the state or federal courts in Johnson County, Kansas and you consent to the exclusive jurisdiction of such courts.

Indemnification:  You agree to defend and hold us, our limited liability company members, officers, employees and agents harmless f rom and against all claims, demands, suits or other proceedings and all resulting loss, damage, liability, cost and expense (including  reasonable attorneys’ fees) arising out of (a) content, data or information that you submit,  post to or transmit through the Site;  (b) your access to and use of the Site and and other materials , products and services available on or through the Site; (c) your violation of these Terms and Conditions; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use o a username, password or account umber.  We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to such indemnification by you. 

 10.  WAIVER

The delay or omission by either party to enforce or exercise any terms or right pursuant to this Agreement will not impair any such term or right nor be construed to be a waiver and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach or any covenant, conditions or agreement in this Agreement.

 11.  THIRD PARTY LINKS

The Site may contain links to third party websites that are not owned or controlled by Bellimisa. Bellimisa has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Bellimisa will not and cannot censor or edit the content of any third-party site. By using this Site, you expressly relieve Bellimisa from any and all liability arising from your use of any third-party website.  Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

 12.  MISCELLANEOUS

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities. This Agreement constitutes the entire agreement between the parties relating to the use of this Site and supersedes and replaces any prior agreement and communication between the parties relating to this subject matter.

 

 

 

 

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