TERMS & CONDITIONS OF SALE
TERMS AND CONDITIONS OF USE AND TERMS AND CONDITIONS OF SALE FOR THE EMITECOSMETICS.COM
A. GENERAL TERMS
BEFORE USING THE EMITECOSMETICS.COM WEBSITE (THE “WEBSITE”), PLEASE REVIEW ALL OF THE TERMS INCLUDED BELOW, AS THE TERMS AND CONDITIONS FOR THE USE (“USE TERMS”), THE TERMS AND CONDITIONS OF SALE (“SALE TERMS”), AND ADDITIONAL TERMS, TOGETHER WITH THE PRIVACY POLICY, GOVERN YOUR (“CUSTOMER,” “YOU,” “YOUR,” OR SIMILAR TERMS) USE OF THE WEBSITE AND ANY PURCHASES THAT YOU MAKE OR ATTEMPT TO MAKE.
IF YOU DO NOT AGREE TO THESE TERMS PLEASE EXIT AND DO NOT USE THE WEBSITE.
EMITECOSMETICS.COM ECOMMERCE LLC (“EMITE COSMETICS,” “WE,” “US” AND SIMILAR TERMS) MAY UPDATE THE USE TERMS, SALE TERMS, ADDITIONAL TERMS, AND PRIVACY POLICY AT ANY TIME WITHOUT PRIOR NOTICE. YOU CAN VIEW THE MOST CURRENT VERSION OF THE USE TERMS, SALE TERMS, ADDITIONAL TERMS, AND PRIVACY POLICY AT ANY TIME BY CLICKING WWW.EMITECOSMETICS.COM /TERMS-OF-SALE. BY CONTINUING TO USE THE WEBSITE AFTER ANY UPDATE YOU ACCEPT AND AGREE TO BE BOUND BY, AND CONSENT TO, THE CURRENT TERMS INCLUDING ANY CHANGES.
A. TERMS AND CONDITIONS FOR THE USE OF THE EMITECOSMETICS.COM WEBSITE
(1) GENERAL.
ALL USE OF THE EMITECOSMETICS.COM WEBSITE IS SUBJECT TO THESE USE TERMS. BY USING THE EMITECOSMETICS.COM WEBSITE YOU AGREE TO COMPLY WITH, AND BE BOUND BY, THE USE TERMS.
(2) DATA SECURITY AND PRIVACY
(A) PRIVACY POLICY. THE EMITECOSMETICS.COM PRIVACY POLICY GOVERNS THE USE OF ANY PERSONAL INFORMATION THAT YOU PROVIDE TO EMITE COSMETICS ON THIS WEBSITE OR IS OTHERWISE COLLECTED THROUGH YOUR USE OF THE WEBSITE.
(B) NOT INTENDED FOR MINORS. THE EMITECOSMETICS.COM WEBSITE IS NOT INTENDED FOR THOSE UNDER 18. BY USING THE WEBSITE YOU AGREE YOU ARE 18 YEARS OF AGE OR OLDER. FURTHERMORE, WE DO NOT KNOWINGLY COLLECT OR SOLICIT PERSONAL INFORMATION FROM THOSE UNDER 18 (INCLUDING THOSE UNDER THE AGE OF 13) OR KNOWINGLY ALLOW SUCH PERSONS TO REGISTER FOR AN ONLINE ACCOUNT OR TO POST PERSONAL INFORMATION ON OUR WEBSITES.
(C) RECORDS. WITHOUT LIMITING THE TERMS OF THE PRIVACY POLICY, YOU ACKNOWLEDGE AND AGREE THAT EMITE COSMETICS MAY PRESERVE ANY TRANSMITTAL OR COMMUNICATION BY YOU WITH EMITE COSMETICS THROUGH THE WEBSITE (OR CUSTOMER SERVICE), AND MAY ALSO DISCLOSE SUCH DATA IF REQUIRED TO DO SO BY LAW OR EMITE COSMETICS DETERMINES THAT SUCH PRESERVATION OR DISCLOSURE IS REASONABLY NECESSARY TO (1) COMPLY WITH LEGAL PROCESS, (2) ENFORCE THESE USE TERMS, (3) RESPOND TO CLAIMS THAT ANY SUCH DATA VIOLATES THE RIGHTS OF OTHERS, OR (4) PROTECT THE RIGHTS, PROPERTY OR PERSONAL SAFETY OF EMITE COSMETICS , ITS EMPLOYEES, USERS OF OR VISITORS TO THE WEBSITE, AND THE PUBLIC.
(3) INTELLECTUAL PROPERTY
(A) OWNERSHIP. THE EMITECOSMETICS.COM WEBSITE AND MATERIAL ON THE EMITECOSMETICS.COM WEBSITE (INCLUDING ALL INTELLECTUAL PROPERTY OF ANY NATURE, WHETHER REGISTERED OR UNREGISTERED, INCLUDING DRAWINGS, DESIGNS, ILLUSTRATIONS, PHOTOGRAPHS, VIDEOS, SOUND TRACKS, WRITTEN TEXT, LOGOS, TRADEMARKS) ARE THE EXCLUSIVE PROPERTY OF EMITE COSMETICS AND ITS AFFILIATES AND SUBSIDIARIES. YOU MAY NOT REPRODUCE BY ANY MEANS OR PROCESS (EXCEPT AS EXPRESSLY PROVIDED HEREIN), IN WHOLE OR IN PART, DISTRIBUTE, PUBLISH, TRANSMIT, CREATE DERIVATIVE WORKS BASED ON, MODIFY OR SELL ANY MATERIAL CONTAINED ON THE EMITE COSMETICS WEBSITE.
THE “EMITE COSMETICS” TRADEMARK AND ALL OTHER EMITE COSMETICS RELATED MARKS AND LOGOS, WHETHER REGISTERED OR NOT REGISTERED, DISPLAYED ON THEEMITE COSMETICS WEBSITE, AS WELL AS THE DOMAIN NAME “ EMITECOSMETICS.COM," ARE AND WILL REMAIN THE EXCLUSIVE PROPERTY OF EMITE COSMETICS. ANY REPRODUCTION, DISTRIBUTION, TRANSMISSION, MODIFICATION, OR USE OF ANY EMITE COSMETICS, TRADEMARK FOR ANY PURPOSE IS PROHIBITED.
(B) PROPRIETARY MARKINGS. YOU MAY NOT REMOVE ANY COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY NOTICE CONTAINED ON THE EMITECOSMETICS.COM, WEBSITE OR ANY CONTENT CONTAINED THEREIN.
(C) FEEDBACK. YOU AGREE THAT ANY AND ALL FEEDBACK, REVIEWS, SUGGESTIONS, DESIGNS, CONCEPTS, PHOTOGRAPHS, TESTIMONIALS, AND OTHER ITEMS OR MATERIALS (EXCEPT FOR YOUR PERSONAL INFORMATION) DISCLOSED OR SUBMITTED TO EMITE COSMETICS THROUGH THIS WEBSITE OR BY OTHER MEANS ("SUBMISSIONS") ARE NEITHER CONFIDENTIAL NOR PROPRIETARY TO YOU AND MAY BE USED BY EMITE COSMETICS WITHOUT RESTRICTION OR COMPENSATION. BY MAKING A SUBMISSION TO EMITE COSMETICS , YOU GRANT TO EMITE COSMETICS UNDER ALL RIGHT, TITLE AND INTEREST, INCLUDING COPYRIGHTS, IN THE SUBMISSION A NONEXCLUSIVE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE, AND FULLY SUBLICENSABLE RIGHT TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, DISPLAY AND OTHERWISE FULLY EXPLOIT SUCH SUBMISSIONS. EMITE COSMETICS HAS NO OBLIGATION (I) TO KEEP ANY SUBMISSION CONFIDENTIAL; (II) TO PAY YOU OR ANYONE ANY COMPENSATION FOR ANY SUBMISSION OR FOR USING A SUBMISSION; OR (III) TO RESPOND TO OR ACKNOWLEDGE ANY SUBMISSION. YOU REPRESENT AND WARRANT THAT NO SUBMISSION YOU MAKE WILL VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHT. BY MAKING A SUBMISSION, YOU AGREE THAT EMITE COSMETICS HAS THE RIGHT (BUT NOT THE OBLIGATION) TO COPY, PUBLISH, DISTRIBUTE OR USE SUCH SUBMISSION FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, PROMOTIONAL, PRODUCT DEVELOPMENT OR OTHER COMMERCIAL PURPOSES, WITHOUT COMPENSATION TO YOU OR TO ANY OTHER PERSON. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSION YOU MAKE.
(4) LINKING
(A) LINKS TO THIRD PARTY SITES. THE EMITE COSMETICS.COM WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES NOT UNDER THE OPERATION OR CONTROL OF EMITE COSMETICS. ALL SUCH LINKS ARE PROVIDED AS A CONVENIENCE ONLY AND ARE NOT, AND SHOULD NOT BE INTERPRETED AS, AN EXPRESS OR IMPLIED ENDORSEMENT OF SUCH THIRD PARTY WEBSITES OR ANY PRODUCTSOR SERVICES THAT MAY BE OFFERED THEREON. EMITE COSMETICS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR THE CONTENT, AVAILABILITY, OR OTHERWISE IN CONNECTION WITH SUCH THIRD PARTY WEBSITES. ANY QUESTIONS OR CONCERNS ABOUT THIRD PARTY WEBSITES SHOULD BE DIRECTED TO THE OWNERS OR OPERATORS OF SUCH WEBSITES. PLEASE REVIEW THE TERMS AND CONDITIONS THAT MAY BE IMPOSED BY SUCH WEBSITES, AS THEY MAY BE DIFFERENT FROM THESE USE TERMS.
(B) LINKING ONLY WITH AUTHORIZATION. YOU MAY ONLY PROVIDE A LINK (INCLUDING DEEP LINKING) TO THE EMITECOSMETICS. COM WEBSITE IF EXPRESSLY AUTHORIZED IN WRITING BY EMITE COSMETICS.
(5) USE RESTRICTIONS
(A) NO SCRAPING. YOU MAY NOT USE ANY AUTOMATIC DEVICE, PROGRAM, OR METHODOLOGY (INCLUDING, WITHOUT LIMITATION, “PAGE-SCRAPE,” “ROBOT,” OR “SPIDER”), OR ANY SIMILAR OR EQUIVALENT MANUAL PROCESS, TO ACCESS, ACQUIRE, COPY, OR MONITOR ANY PORTION OF THE WEBSITE, TO OBTAIN OR ATTEMPT TO OBTAIN ANY MATERIALS, DOCUMENTS OR INFORMATION THROUGH ANY MEANS NOT PURPOSELY MADE AVAILABLE THROUGH THE WEBSITE. EMITE COSMETICS RESERVES THE RIGHT TO BAR ANY SUCH ACTIVITY.
(B) NO CIRCUMVENTION. YOU MAY NOT ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO ANY PORTION OR FEATURE OF THE WEBSITE, OR ANY OTHER SYSTEMS OR NETWORKS CONNECTED TO THE WEBSITE BY HACKING, PASSWORD “MINING” OR ANY OTHER ILLEGITIMATE MEANS.
IN ADDITION, YOU MAY NOT PROBE, SCAN OR TEST THE VULNERABILITY OF THE WEBSITE OR ANY NETWORK CONNECTED TO THE WEBSITE, NOR BREACH THE SECURITY OR AUTHENTICATION MEASURES ON THE WEBSITE. YOU MAY NOT REVERSE LOOK-UP, TRACE OR SEEK TO TRACE ANY INFORMATION ON ANY OTHER USER OF OR VISITOR TO THE WEBSITE, OR ANY OTHER CUSTOMER OF EMITE COSMETICS, OR EXPLOIT THE WEBSITE OR ANY SERVICE OR INFORMATION MADE AVAILABLE OR OFFERED BY OR THROUGH THE WEBSITE, IN ANY WAY WHERE THE PURPOSE IS TO REVEAL ANY INFORMATION, INCLUDING BUT NOT LIMITED TO PERSONAL IDENTIFICATION OR INFORMATION, OTHER THAN YOUR OWN INFORMATION, AS PROVIDED FOR BY THE WEBSITE.
(C) NO INTERFERENCE. YOU AGREE NOT TO USE ANY DEVICE, SOFTWARE OR ROUTINE TO INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKING OF THE WEBSITE OR ANY TRANSACTION BEING CONDUCTED ON THE WEBSITE, OR WITH ANY OTHER PERSON’S USE OF THE WEBSITE.
(D) NO UNLAWFUL USE. YOU MAY NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE USE TERMS, OR TO SOLICIT THE PERFORMANCE OF ANY ILLEGAL ACTIVITY OR OTHER ACTIVITY WHICH INFRINGES THE RIGHTS OF EMITE COSMETICS OR OTHERS
C. TERMS AND CONDITIONS OF SALE FOR THE EMITECOSMETICS.COM WEBSITE
THE PURCHASE OR ATTEMPTED PURCHASE BY YOU OF ANY PRODUCTS OFFERED ON EMITECOSMETICS.COM WEBSITE IS SUBJECT TO THESE SALE TERMS.
FOR EACH ORDER ON EMITE COSMETICS.COMWEBSITE, YOUR ACCEPTANCE OF THE SALE TERMS IN FORCE AT THE DATE OF THE ORDER WILL BE REQUIRED.
(1) PURCHASE – GENERAL TERMS
(A) NOT FOR RESALE. ORDERS MAY ONLY BE PLACED ON THE EMITE COSMETICS.COM WEBSITE FOR PERSONAL USE AND NOT FOR RESALE. ANY RESALE OR DISTRIBUTION OF EMITE COSMETICS PRODUCTS PURCHASED ON EMITECOSMETICS.COM WEBSITE IS STRICTLY PROHIBITED.
(B) DELIVERY. EMITE COSMETICS PRODUCTS ORDERED AT THE EMITE COSMETICS WEBSITE WILL BE DELIVERED TO ALL EUROPEAN COUNTRIES , THE USA AND CANADA.
(C) RIGHT TO CANCEL. EMITECOSMETICS.COM RESERVES THE RIGHT TO CANCEL ANY ORDER PLACED BY A CUSTOMER IN ITS SOLE DISCRETION AND WITHOUT LIABILITY, INCLUDING, WITHOUT LIMITATION, AN ORDER FROM A CUSTOMER WITH WHOM IT HAS A DISPUTE CONCERNING A PRIOR ORDER OR IF EMITE COSMETICS HAS REASONABLE CAUSE TO SUSPECT THAT SUCH CUSTOMER HAS VIOLATED THESE SALE TERMS, IS ENGAGED IN ANY FRAUDULENT ACTIVITY, OR FOR ANY OTHER REASON.
(D) AVAILABILITY. ALL OFFERS OF PRODUCTS AS THEY ARE DISPLAYED ON THE EMITE COSMETICS WEBSITE ARE SUBJECT TO AVAILABILITY. EMITE COSMETICS RESERVES THE RIGHT TO CHANGE THE ITEMS PROPOSED ON THE EMITECOSMETICS.COM WEBSITE AT ANY TIME AND WITHOUT NOTICE. WE ATTEMPT TO PROVIDE INFORMATION ABOUT THE AVAILABILITY OF PRODUCTSAT THE TIME OF THE ORDERING, BUT AT TIMES ERRORS MAY EXIST, INCLUDING WHEN SIMULTANEOUS ORDERS OF THE SAME PRODUCT ARE BEING PLACED BY SEVERAL CUSTOMERS. IF A PRODUCT IS NOT AVAILABLE WITHOUT A MATERIAL DELAY AFTER YOUR PLACE YOUR ORDER, YOU WILL BE INFORMED BY EMAIL OR BY PHONE, AND YOU WILL BE ALLOWED TO WAIT UNTIL THE PRODUCT IS AVAILABLE, OR TO CANCEL YOUR ORDER. IF YOU CHOOSE TO CANCEL YOUR ORDER, ANY AMOUNTS ALREADY CHARGED WILL BE REFUNDED. EMITE COSMETICS SHALL NOT BE LIABLE IF PRODUCTSARE NOT IN STOCK OR OTHERWISE NOT AVAILABLE.
(E) AGE. YOU MUST BE 18 YEARS OR OLDER IN ORDER TO MAKE A PURCHASE ON THE EMITECOSMETICS.COM WEBSITE, AND BY MAKING A PURCHASE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD. WE DO NOT SELL PRODUCTSOR SERVICES FOR PURCHASE BY CHILDREN, THE WEBSITE IS NOT DIRECTED AT, NOR DO WE KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM CHILDREN, INCLUDING THOSE UNDER THE AGE OF 13.
(2) PURCHASE – CONFIRMATION
(A) PRE-ORDER SUMMARY. FOR EACH PRODUCT SELECTED ON THE EMITECOSMETICS.COM WEBSITE, A SUMMARY PAGE WILL BE DISPLAYED AND MAY FEATURE A PHOTOGRAPH OF THE ITEM, ITS COLORING AND REFERENCES, THE UNIT PRICE, THE QUANTITY ORDERED, AND THE TOTAL AMOUNT OWED FOR YOUR ORDER. BEFORE PLACING YOUR ORDER BY CLICKING ON THE “PURCHASE” BUTTON, PLEASE CONFIRM THAT THIS INFORMATION ACCURATELY REFLECTS YOUR SELECTION. ONCE YOU HAVE CONFIRMED YOUR ORDER IT WILL BE SUBMITTED FOR PROCESSING.
(B) VISUAL ACCURACY. WHILE WE TAKE STEPS TO TRY TO ENSURE THAT THE COLORING, DESIGN, AND STYLE OF THE EMITE COSMETICS PRODUCTSIN THE PHOTOGRAPHS OR OTHER REPRESENTATIONS DISPLAYED ON THE EMITECOSMETICS.COM WEBSITE ARE REPRESENTATIVE OF THE ORIGINAL PRODUCTS, VARIATIONS MAY OCCUR DUE TO TECHNICAL RESTRICTIONS OF COLOR REPRODUCTION ON YOUR COMPUTER EQUIPMENT AND/OR MINOR UPDATES DURING PRODUCTION. ACCORDINGLY, EMITE COSMETICS SHALL NOT BE LIABLE FOR ANY ERROR OR INACCURACY IN THE PHOTOGRAPHS OR OTHER REPRESENTATIONS OF EMITE COSMETICS PRODUCTSDISPLAYED ON THE EMITECOSMETICS.COM WEBSITE. IF YOU HAVE ANY QUESTIONS ABOUT THE PPRODUCTS, PLEASE CONTACT CUSTOMER SERVICE.
(C) SUBMITTED ORDERS. ONCE YOUR ORDER IS SUBMITTED FOR PROCESSING IT MAY NOT BE AMENDED OR CANCELLED EXCEPT PURSUANT TO THE CONDITIONS PROVIDED FOR HEREIN OR PURSUANT TO APPLICABLE LAW. PLACING AN ORDER CONFIRMS YOUR ACCEPTANCE OF THE SALE TERMS. ONCE AN ORDER IS PLACED YOU WILL RECEIVE AN ORDER SUMMARY VIA EMAIL.
(D) RECORDS. THE DATA COLLECTED BY THE EMITE COSMETICS WEBSITE ESTABLISHES THE TERMS OF THE TRANSACTIONS BETWEEN EMITE COSMETICS AND ITS CUSTOMERS. IN THE EVENT OF A DISPUTE BETWEEN EMITE COSMETICS AND ITS CUSTOMERS RELATING TO A TRANSACTION ENTERED INTO USING THE EMITECOSMETICS.COM WEBSITE, AND SUBJECT TO EMITE COSMETICS’S RIGHT TO CANCEL OR NOT ACCEPT AN ORDER, THE DATA COLLECTED BY EMITE COSMETICS ARE THE TERMS OF THE TRANSACTION.
(3) PURCHASE – PRICING AND PAYMENT
(A) LISTED PRICE. THE PRICING FOR ALL EMITE COSMETICS PRODUCTSON AT THE EMITECOSMETICS.COM WEBSITE ARE IN SEK/EUR/USD (USD EXCLUDE TAXES) AND SHIPPING COSTS (SEE "SHIPPING AND DELIVERY"). EMITE COSMETICS RESERVES THE RIGHT TO MODIFY THE PRICES OF PRODUCTS OFFERED ON THE EMITE COSMETICS WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE. YOU WILL BE CHARGED THE PRICES DISPLAYED ON THE EMITECOSMETICS.COM WEBSITE AT THE TIME YOUR ORDER WAS CONFIRMED PROVIDED THE GOODS ORDERED WERE AVAILABLE AT THIS TIME, HOWEVER, EMITE COSMETICS RESERVES THE RIGHT NOT TO ACCEPT OR TO CANCEL YOUR ORDER IN OUR SOLE DISCRETION FOR ANY REASON WITHOUT LIABILITY, INCLUDING IF THE PRODUCTSARE NOT AVAILABLE, ARE INCORRECTLY PRICED OR ARE OTHERWISE INCORRECTLY DESCRIBED.
(B) PAYMENT METHODS. YOU ARE REQUIRED TO PAY FOR ANY ORDER PLACED ON THE EMITE COSMETICS WEBSITE IMMEDIATELY UPON CONFIRMATION OF YOUR ORDER. YOUR ORDER WILL ONLY BE PROCESSED FOR SHIPMENT ONCE WE HAVE VERIFIED YOUR PAYMENT METHOD AND RECEIVED AUTHORIZATION TO PROCESS YOUR PAYMENT. WE ONLY ACCEPT PAYMENT BY CHARGE CARD OR CREDIT CARD, PAY PAL, KLARNA. WE ACCEPT THE FOLLOWING CHARGE CARDS AND CREDIT CARDS: MASTERCARD, VISA.
(C) TITLE. ALL PRODUCTS ORDERED THROUGH THE EMITECOSMETICS COM WEBSITE REMAIN THE PROPERTY OF EMITE COSMETICS UNTIL FULL PAYMENT IS TENDERED TO EMITE COSMETICS. IN THE EVENT OF A PAYMENT DISPUTE, YOU ARE REQUIRED TO RETURN THE PRODUCTS THAT ARE THE SUBJECT OF DISPUTE TO EMITE COSMETICS IMMEDIATELY UPON REQUEST, AND TO ASSUME THE RISKS (IN PARTICULAR THE RISKS OF LOSS, THEFT, AND DAMAGE) RELATING TO SUCH PPRODUCTS.
(4) SHIPPING AND DELIVERY
(A) RESTRICTIONS.
PRODUCTS PURCHASED THROUGH THE EMITECOSMETICS.COM WEBSITE MAY ONLY BE DELIVERED WITHIN EUROPE, CANADA AND THE UNITED STATES (EXCLUDING PUERTO RICO, GUAM AND ALL OTHER U.S. POSSESSIONS AND TERRITORIES SITUATED OUTSIDE NORTH AMERICA). EMITE COSMETICS WILL NOT PROCESS ANY ORDER FOR WHICH A POST OFFICE BOX OR APO/FPO ADDRESS, OR A HOTEL OR MOTEL ADDRESS, IS PROVIDED. ANY SUCH DELIVERY ADDRESS WILL BE REFUSED DURING THE ORDERING PROCEDURE. GOODS WILL BE SHIPPED TO THE ACCEPTED DELIVERY ADDRESS SPECIFIED DURING THE ORDERING PROCEDURE. NOT ALL PRODUCTS CAN BE SHIPPED TO ALL LOCATIONS. IF STATE OR OTHER REGULATIONS PROHIBIT SHIPPING OF PRODUCTSTO THE ADDRESS YOU SPECIFY CUSTOMER SERVICE WILL CONTACT YOU.
(B) SIGNATURE REQUIRED. A SIGNATURE OF AN ADULT AGED 18 YEARS OR OLDER MAY BE REQUIRED FOR DELIVERY. CUSTOMER ASSUMES ALL RESPONSIBILITY ONCE A SIGNATURE IS OBTAINED AT THE DELIVERY ADDRESS.
(C) SHIPPING COSTS. THERE IS A FLAT RATE FOR ORDERS BELOW 200 SEK/20 EUR/20 USD. ORDERS ABOVE 200 SEK/20 EUR/ 20 USD IS SHIPPED FREE OF CHARGE. AMOUNT WILL BE PAYABLE BY YOU IN ADDITION TO THE PRICE, INCLUDING TAXES( TAX EXCLUDING NA), OF THE GOODS ORDERED. EMITE COSMETICS RESERVES THE RIGHT TO DIVIDE YOUR ORDER INTO PARTIAL SHIPMENTS. IN THIS CASE, PAYMENT WILL BE DEBITED FOR THE GOODS SHIPPED AND FOR A SINGLE SHIPMENT.
(D) DELIVERY TIMING.
WE SHIP FROM SWEDEN WITH TNT OR POSTAL SERVICE.
- EU SHIPPING IS NORMALY 4-5 WORKING DAYS
- OVER SEA SHIPPING 6-8 DAYS
(E) DELIVERY PROBLEMS. ANY DELIVERY FAILURE OR LATE DELIVERY THAT EXCEEDS TEN (10) BUSINESS DAYS SHOULD BE REPORTED TO OUR CUSTOMER SERVICE AS SOON AS POSSIBLE. IN ORDER FOR YOUR CLAIM OF DELIVERY FAILURE OR LATE DELIVERY TO BE ACCEPTED, YOU MUST NOTIFY US WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF CONFIRMATION OF YOUR ORDER.
YOU MUST CHECK THAT YOUR SHIPMENT IS CORRECT ON DELIVERY. IF THERE ARE ANY DISCREPANCIES IN YOUR ORDER, FOR EXAMPLE DAMAGED OR MISSING GOODS, WHEN YOU RECEIVE YOUR ORDER, YOU SHOULD NOTE THE NATURE OF THE PROBLEM BY HAND, IF POSSIBLE, ON THE DELIVERY NOTICE, AND SIGN. YOU MUST CONTACT US AS SOON AS POSSIBLE BUT NO LATER THAN TEN (10) DAYS AFTER RECEIVING THE DELIVERY.
(5) RETURNS AND EXCHANGES
(A) RETURNS AND EXCHANGES OF PURCHASED ITEMS. YOU MAY RETURN ANY FULL-PRICED PRODUCT ORDERED ON THE EMITE COSMETICS WEBSITE FOR EXCHANGE OR REFUND WITHIN FOURTEEN (14) CALENDAR DAYS FROM THE DELIVERY DATE. RETURNED PRODUCT SMUST BE IN THEIR ORIGINAL CONDITION, UNUSED, UNALTERED, AND IN THE SAME CONDITION IN WHICH IT WAS RECEIVED WITH ALL TAGS ATTACHED, AND IN THE ORIGINAL PACKAGING (INCLUDING, IF POSSIBLE, THE ORIGINAL DELIVERY BOX). PROVIDEMITE COSMETICS WILL DETERMINE IN ITS SOLE DISCRETION WHETHER THE PRODUCTS ARE IN ORIGINAL CONDITION WHEN RETURNED.
(B) RETURNS AND SHIPPING COSTS. IF YOU RETURN PRODUCTSFOR EXCHANGE, THE SHIPPING COSTS FOR THE FIRST DELIVERY WILL NOT BE REFUNDED. HOWEVER, YOU WILL NOT BE CHARGED FOR THE SHIPPING COSTS OF ONE EXCHANGE DELIVERY PER ORDER. ONLY ONE EXCHANGE PER ITEM WILL BE HONORED.
IF YOU REQUEST A REFUND, THE ORIGINAL SHIPPING COSTS WILL BE REFUNDED ONLY IF THE PRODUCTSARE RETURNED BECAUSE THEY WERE NOT AS ORDERED OR WERE DAMAGED.
(C) ADDITIONAL TERMS FOR COSMETICS AND FRAGRANCE PPRODUCTS. IN ADDITION TO THE CONDITIONS DESCRIBED ABOVE, FOR COSMETIC AND FRAGRANCE PRODUCTSTO BE RETURNED THEY MUST NOT BE OPENED (MUST BE IN ORIGINAL PACKAGING WITH TRANSPARENT FILM INTACT). IF THE TRANSPARENT FILM HAS BEEN OPENED OR REMOVED THE ITEM WILL NOT BE ACCEPTED FOR RETURN OR EXCHANGE.
IN THE EVENT A COSMETIC OR FRAGRANCE PRODUCT IS DEFECTIVE OR DAMAGED DURING DELIVERY, YOU MUST CONTACT CUSTOMER SERVICE FOR ADDITIONAL INSTRUCTIONS PRIOR TO AN ATTEMPTED RETURN.
YOU ARE RESPONSIBLE FOR INSURING YOUR PACKAGE FOR THE FULL RETAIL VALUE OF THE ITEM. YOU AGREE TO BEAR THE RISKS OF THE SHIPPING METHOD YOU HAVE CHOSEN, AND EMITE COSMETICS WILL NOT BE RESPONSIBLE OR LIABLE IF ANY ITEM YOU RETURN TO THE EMITECOSMETICS. COM WEBSITE IS LOST, MISPLACED, OR DELIVERED LATE. NEITHER THE ORIGINAL SHIPPING COSTS NOR THE COSTS YOU PAY TO SHIP YOUR RETURN WILL BE REFUNDED TO YOU.
(D) REFUND. IF YOU REQUEST A REFUND FOR RETURNED PRODUCTS, EMITE COSMETICS WILL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ANY REFUND WILL BE MADE WITHIN TEN (10) BUSINESS DAYS OF RECEIPT OF THE GOODS. ALL REFUNDS SHALL BE MADE TO THE ORIGINAL FORM OF PAYMENT. UNDER NO CIRCUMSTANCES WILL EMITE COSMETICS GRANT YOU AN ELECTRONIC CREDIT USABLE ON THE EMITE COSMETICS. COM WEBSITE, NOR WILL WE ISSUE A STORE CREDIT FOR USE IN A EMITE COSMETICS RETAIL LOCATION.
D. ADDITIONAL TERMS
FOR THE AVOIDANCE OF DOUBT, THE FOLLOWING ADDITIONAL TERMS (“ADDITIONAL TERMS”) APPLY TO YOUR USE OF THE EMITE COSMETICS.COM WEBSITE AND ANY PURCHASE OR ATTEMPTED PURCHASE YOU MAKE.
(1) TERMINATION OF ACCESS
(A) TERMINATION. YOU AGREE THAT EMITE COSMETICS MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TERMINATE YOUR ACCESS TO THE WEBSITE AND/OR BLOCK YOUR FUTURE ACCESS TO THE WEBSITE IF WE DETERMINE THAT YOU HAVE VIOLATED ANY OF OUR TERMS, INCLUDING THE USE TERMS, THE SALE TERMS, THE ADDITIONAL TERMS, AND THE PRIVACY POLICY. YOU ALSO AGREE THAT ANY VIOLATION BY YOU OF ANY OF OUR TERMS, WILL CONSTITUTE AN UNLAWFUL AND UNFAIR BUSINESS PRACTICE, AND WILL CAUSE IRREPARABLE HARM TO EMITE COSMETICS, FOR WHICH MONETARY DAMAGES WOULD BE INADEQUATE, AND YOU CONSENT TO EMITE COSMETICS OBTAINING ANY INJUNCTIVE OR EQUITABLE RELIEF THAT EMITE COSMETICS DEEMS NECESSARY OR APPROPRIATE IN SUCH CIRCUMSTANCES WITHOUT THE POSTING OF ANY BOND. THESE REMEDIES ARE IN ADDITION TO ANY OTHER REMEDIES EMITE COSMETICS MAY HAVE AT LAW OR IN EQUITY.
YOU AGREE THAT EMITE COSMETICS MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TERMINATE YOUR ACCESS TO THE WEBSITE, FOR CAUSE, WHICH INCLUDES (BUT IS NOT LIMITED TO) (1) REQUESTS BY LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES, (2) A REQUEST BY YOU (SELF-INITIATED ACCOUNT DELETIONS), (3) DISCONTINUANCE OR MATERIAL MODIFICATION OF THE WEBSITE OR ANY SERVICE OFFERED ON OR THROUGH THE WEBSITE, OR (4) UNEXPECTED TECHNICAL ISSUES OR PROBLEMS.
(B) RECOVERY OF COSTS. IF EMITE COSMETICS DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE USE TERMS, EMITE COSMETICS WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO EMITE COSMETICS YOU AGREE THAT EMITE COSMETICS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE WEBSITE AS A RESULT OF ANY VIOLATION OF OUR TERMS, INCLUDING THE USE TERMS, THE SALE TERMS, THE ADDITIONAL TERMS, AND THE PRIVACY POLICY.
(2) DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE EMITE COSMETICS.COM WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMITE COSMETICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR THE PRODUCTSOFFERED THROUGH THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EMITE COSMETICS IS CLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EMITE COSMETICS DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT:
(A) THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE MATERIAL OR MALICIOUS CODE;
(B) THE INFORMATION CONTAINED ON THE WEBSITE IS ACCURATE, COMPLETE OR UP TO DATE; OR
(C) THE EMITE COSMETICS. COM WEBSITE IS FREE OF DEFECTS OR THAT ANY INACCURACIES OR DEFECTS WILL BE CORRECTED.
BY USING THE WEBSITE, YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT EMITE COSMETICS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY AGAINST EMITE COSMETICS FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.
(2) LIMITATION OF LIABILITIES; INDEMNITY.
EMITE COSMETICS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT, OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE, PERFORMANCE OF, OR INFORMATION PROVIDED THROUGH THE EMITE COSMETICS.COM WEBSITE, EVEN IF EMITE COSMETICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EMITE COSMETICS HALL HAVE NO LIABILITY FOR ANY DELAY OR FAILURE TO DELIVER PRODUCTSOR OTHERWISE PERFORM ANY OBLIGATION AS SPECIFIED HEREUNDER IF THE SAME IS WHOLLY OR PARTLY CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EMITE COSMETICS, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND SHAREHOLDERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES AND COURT COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE.
(3) LAW AND DISPUTES
OUR TERMS, INCLUDING THE USE TERMS, THE SALE TERMS, AND THE ADDITIONAL TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF SWEDISH COURT - TINGSRÄTTEN, WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAWS, AND SHALL GOVERN ALL MATTERS ARISING OUR OF OR RELATING TO THE USE TERMS OR SALE TERMS, INCLUDING, WITHOUT LIMITATION, THEIR VALIDITY, INTERPRETATION, CONSTRUCTION, PERFORMANCE, AND ENFORCEMENT. IN THE EVENT OF A DISPUTE, THE SWEDISH COURT HAVE EXCLUSIVE JURISDICTION AND YOU HEREBY AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURT AND YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE AND AGREE NOT TO PLEAD OR CLAIM IN ANY SUCH COURT THAT ANY SUCH ACTION, SUIT OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. EMITE COSMETICS SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF TO PROTECT ITS RIGHTS HEREUNDER WITHOUT THE NEED TO POST ANY BOND OR SURETY.