Terms & Conditions
Terms and Conditions
Thank you for visiting thebeautyforashes.com web site (the "Site").
thebeautyforashes.com is an online retail store providing health, beauty
and personal care products. By using this Site you agree to be bound by
the terms set forth. We may make changes to the Site, these Terms of
Use, or the policies and conditions that govern the use of the Site at
any time.
When you visit the Site or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting
notices on this site. You agree that all agreements, notices,
disclosures and other communications we provide to you electronically
satisfy any legal requirement that such communications be in writing.
All names, trademarks, product names, and company names and logos
appearing on the Site are the property of the Site and its owners. Such
things cannot be used without permission and cannot be duplicated,
copied, altered or modified without permission. You agree to all legal
liability for stealing, misusing, copying or duplicating any names,
trademarks, product names, company names, and logos.
With use of the Site, you agree to provide true, accurate, current and
complete information during checkout. If you provide any information
that is untrue, inaccurate, not current or incomplete, or we have
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we may suspend or terminate your
order and refuse any and all current and future use of the Site.
Any conduct by you that in our sole discretion restricts or inhibits any
other user from using or enjoying the Site will not be permitted. You
agree to use the Site only for lawful purposes. You are prohibited from
posting on or transmitting through the Site any hateful, unlawful,
harmful, threatening, abusive, defamatory, vulgar, fraudulent, or
otherwise objectionable material of any kind, including but not limited
to any statements or materials that encourages conduct that would
constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or
international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Site, use of the Site, or
access to the Site.
You acknowledge that the Site contains information, data, software,
photographs, graphics, videos, text, images, typefaces, sounds, and
other material (collectively "Content") that are protected by
copyrights, trademarks, or other proprietary rights, and that these
rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a
collective work under the U.S. copyright laws, and we own a copyright in
the selection, coordination, arrangement, and enhancement of such
Content. You may not modify, remove, delete, duplicate, add to, publish,
transmit, or create derivative works from, or in any way exploit any of
the Content, pictures, product descriptions or product names in whole
or in part.
We have made every effort to display as accurately as possible the
colors of our products, the prices of our products and photos of our
products that appear at the Site. However, we do not warrant that the
product descriptions, colors, or prices are accurate, complete,
reliable, or error-free. If a product offered by the Site is not as
described, your sole remedy is to return it in unused condition.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD
WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE
OF OR INABILITY TO USE THE SITE; (ii) THE COST OF GETTING OR RETRIEVING
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENETERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE; YOUR USE OF THESE PRODUCTS ONCE
PURCHASED FROM THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH
SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH
THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us, and our subsidiaries, officers,
managers, agents, or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post to or transmit
through the Site, your use of the Site, your connection to the Site,
your product use of the items on this site, your violation of the Terms
of Use, or your violation of any rights of another.
We reserve the right to refuse to sell products to you if it reasonably
appears to us that you intend to resell the products. In addition, we
reserve the right to limit quantities of items purchased by each
customer. In addition, we reserve the right to cancel any order or part
of an order, or refuse service to anyone for any reason. Such reasons
may include, but are not limited to, duplicate orders, multiple orders,
unauthorized coupon use, fraud, product availability, price discrepancy
or pricing errors. We reserve the right to charge fees or extra shipping
charges for any product that is backordered. We reserve the right to
change the terms of any offer or promotion at any time without notice.
The posting of prices on our site is not an offer for sale of goods, and
the order confirmation is not an acceptance of an offer to purchase
goods. We cannot confirm the price of an item until you order. If an
item's correct price is higher than our stated price, we will, at our
discretion, either contact you for instructions before shipping or
cancel your order and notify you of such cancellation. The contract for
sale of goods between us and any customer is not entered into until we
charge a valid credit card or otherwise accept payment.
Beauty 4 Ashes products are for cosmetic use only. Use only as directed.
Results may vary. Educational information on this site is for
informational purposes only and not intended as medical advice. The
information on this site does not replace the advice of a physician or
pharmacist. All statements have not been evaluated by the FDA. This
product is not intended to diagnose, treat, cure, or prevent any
disease.
When making a purchAse, you agree to use this product within 7 days of receipt. Failure to use product within 7 days voids ability for return. Customer agrees to patch test all products within 48 hours of receipt and prior to use. Customer agrees to report any adverse reaction within 24 hours of notice of reaction. If claimed is filed within 7 days, it is refund eligible. Claims filed after 7 days are not refund eligible. A gift certificate will be issued in lieu of a refund for all claims made outside 7 days. All claims must be filed within 7 days of package receipt. This includes damaged packages, missing products, adverse reactions and lost parcels. Failure to comply with this nullifies all claims to refund. To receive any refunds, you must comply with all applicable procedures, including, but not limited: completing claim form in entirety, returning all items and providing documentation evidencing incident. Failure to comply will nullify refund opportunity. Any claim forms must be received within 3 days of return request issuance.
We control the Site from our offices within the United States of
America. We make no representation that the Content in the Site is
appropriate or available for use anywhere else. You access this site in
your own initiative and free will and are responsible for compliance
with applicable local laws. You may not use or export the Content in
violation of U.S. export laws and regulations. Any claim relating to the
Site, the services provided through the Site or the Content shall be
governed by the internal laws of the state of California, without
reference to its choice of law provisions.
These terms are effective until terminated by either party. If you no
longer agree to be bound by the Terms of Use, you agree to discontinue
use of this site. Subject to applicable law, we reserve the right to
suspend or deny, in our sole discretion, your access to all or any
portion of the Site with or without notice. You agree that any
termination of your access to the Site may be effected without prior
notice, and acknowledge and agree that we may immediately deactivate or
delete your account and all related information and files in your
account and bar any further access to such files or the Site. Further,
you agree that we shall not be liable to you or any third-party for any
termination of your access to the Site.
Our failure to exercise or enforce any right or provision of the Terms
of Use shall not constitute a waiver of such right or provision. If any
provision of the Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms of Use
remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Site or the Terms of Use must be filed
within one year after such claim or cause of action arose or be forever
barred.
PRIVACY
We take your privacy seriously. We will only disclose your personal
information if we believe in good faith it is necessary to protect its
rights or the rights of others or to comply with the law. We do not
funnel your information to additional parties other than what is
reasonable necessary for the completion of your order.Any submitted
photographs, comments, video clips, or media e-mailed, mailed, posted,
distributed or given to us from you, are our exclusive content. We have
the exclusive right to use such content in connection with and/or as
part of its business, including in connection with and/or in any
advertising in any and all media, including, without limitation, online
videos, online photographs, printed materials, product labeling and
packaging, television marketing, radio marketing, web sites, in
perpetuity, globally, as our sole discretion we see fit without your
consent or compensation. We have all right, title, and interest in any
and all proceeds, increase and payments from such use of the provided
Content.