ESTHETICS MERCHANDISE, Inc. Term & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The information contained in this Site is for general informational and educational purposes. All users (“visitors”, “viewers”, “you” and “your”) of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Esthetics Merchandise, Inc. is providing this site, its contents, and all merchandise on an “as is” basis. You expressly agree that your use of this site is at your sole risk. Esthetics Merchandise, Inc. will not be liable for any damages of any kind arising from this site, including, but not limited to direct, indirect, incidental, punitive or consequential damages.
Without limiting the foregoing, Esthetics Merchandise, Inc. disclaims any and all warranties, express or implied, for any merchandise offered on this site.
Without limiting the foregoing, we do not represent or warrant that the information on this website is accurate, complete, reliable, useful, timely or current or that this website will operate without interruption or error.
Esthetics Merchandise, Inc. reserves the right to revise, suspend or discontinue any portion of the website without notice.
EMIcosmetic.com sells products for purchase only by adult individuals 18 years of age and above. However, products designed for use by children are available for purchase by adults. We reserve the right to refuse service to any person for any reason.
The user assumes complete responsibility for any and all risks associated with using or accessing the Site. This includes, but is not limited to, computer viruses infecting the visitor’s computer and/or other electronic equipment. Furthermore, be advised that EMI makes no guarantee that connection to the Site will occur in a timely manner or that the connection to the Site will not become interrupted.
Site visitors outside of the United States who choose to access the Site and use its contents in any way are responsible for compliancy within their own legal jurisdictions. Esthetics Merchandise, Inc. shall remain free of any liability connected to international visitors using this Site and/or any information contained therein.
Health and Medical Disclaimer
Esthetics Merchandise, Inc. is an online store for skin, beauty, and cosmetic products. The statements made about products have not been evaluated by the FDA (Food and Drug Administration) and the results reported, if any, may not occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any medical conditions.
Always consult with your physician or health care professional regarding the use of any products or information received from our Site. Your physician or health care professional should address any and all medical questions, concerns and decisions. We do not give or intend to give any answers to medical related questions. Esthetics Merchandise, Inc. does not represent itself as a physician or health care professionals nor is this implied. No prescription medications or medical treatments are intentionally provided on our website. If you are in need of medical treatment please call 911 or your health care professional immediately.
Third Party Content
Esthetics Merchandise, Inc. may provide Third Party Content, such as articles from or links to external websites, as a service to customers for convenience only. We do not monitor, approve or have any control over any Third Party Content. Therefore, we do not guarantee, endorse or adopt the accuracy of any Third Party Content. Esthetics Merchandise, Inc. is not responsible for updating or reviewing Third Party Content. Third Party Content is used at your own risk.
Third Party Access
This site may also be accessible from Third Party links over which Esthetics Merchandise, Inc. has no control. Access to or from Third Party websites is strictly at your own risk.
Sales Terms and Conditions
Order and Shipment
All orders are subject to acceptance by Esthetics Merchandise, Inc. All orders shipped outside of the USA will be charged shipping.
Payment is required with order. Prices are subject to change without notice. Prices in effect at the time of shipment will apply.
All returns are subject to a 20% restocking fee.
No credit will be given for the return of:
Merchandise from anyone but the original purchaser.
Merchandise that has been opened.
Merchandise after 14 days of the purchase date
External defacement and factors beyond our control.
Credit will be based on the current selling price or the original price, whichever is lower.
Returned Goods Procedure
All returns must be AUTHORIZED IN ADVANCE by Esthetics Merchandise, Inc.
Authorization must be obtained in writing.
All shipments must be sent freight prepaid.
The Return Authorization number must be on all cartons.
Only those items authorized will be processed for credit.
Unauthorized or freight collect items will be refused.
Error or Damage in Shipment
Notification by customer must be made to Esthetics Merchandise, Inc. within 24 hours of delivery in order to receive full credit for any product error, damage, or loss occurring in transit. Claims for damaged goods will be honored after the carrier has inspected the original packaging and merchandise.
You may choose to register at our Site if you are over thirteen of age. Do not register if you are not over thirteen years of age. If you are over thirteen years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
Prices and availability of products on Esthetics Merchandise, Inc. are subject to change without notice. Errors will be corrected when discovered. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
Errors and Omissions
Information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. Please see our Pricing Information for more details. If you are not fully satisfied with your purchase you may return it in its original packaging with the original packing slip and within 14 days of receipt. Please refer to our Returns section for more details. The risk of loss and title to items purchased from EMIcosmetic.com pass to the purchaser upon our delivery to the carrier.
Coupon code applies only to eligible items. Coupon code applies only to order value before tax and shipping. Purchases of coupon ineligible items are not included when calculating order value. Discount will appear on the billing page before submitting the order.
Coupon cannot combine with other offers. Offer good while supplies last. There can be only one Coupon/Discount used per order or per shopping cart purchase.
Coupons are non-refundable and cannot be exchanged for cash.
Coupons/Discounts cannot be replaced if lost, stolen or deleted.
Coupons/Discounts cannot be applied to orders already placed with Esthetics Merchandise, Inc.
Each Coupon/Discount is valid for a limited time only and expires on the date specified in the offer.
Coupons/Discounts cannot be used to pay for taxes, shipping and handling or other charges.
If your coupon has a minimum purchase requirement, taxes, shipping and handling and other charges do not apply towards the minimum purchase amount.
Coupons/Discounts can only be used if a minimum order amount is met (excluding postage costs). The minimum order amount will be shown on / with the Coupon/Discount.
Some Coupons or Discounts can only be redeemed on specific items or groups of items. Coupons or Discounts that are targeted to new users can only be redeemed if you do not yet have an account with EMIcosmetic.com
If a Coupon/Discount is used and your entire order is cancelled or rejected, or if you return all items in your order, you will be refunded the actual amount paid and your Coupon/Discount will no longer be valid.
If a Coupon/Discount is used and only part of your order is cancelled or rejected, or if you return only some of the items in your order, a partial coupon discount will still be applied to the remaining item(s) that are processed through EMIcosmetic.com.
EMIcosmetic.com reserves the right to modify or discontinue any Coupons/Discounts at any time per Terms and Conditions.
By using this site, you acknowledge that EMIcosmetic.com contains information, data, software, images, graphs, videos, typefaces, graphics, 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.
All copyrighted Content on the Site is protected under the U.S. copyright laws, including any alteration of such Content. You may not transfer copy, modify, delete, add to, download, publish, transmit, participate in the transfer or sale of, create derivative works of any materials available on the Site.
All company names, logos, product names, and trademarks not belonging to Esthetics Merchandise, Inc. are the property of their respective owners.
All trademarks, service marks and trade names of EMIcosmetic.com used in the site are trademarks or registered trademarks of EMIcosmetic.com.
Limitation of Liability
Under no circumstances, shall we or any of our employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorized representative of Esthetics Merchandise, Inc. has been advised of or should have known of the possibility of such damages.
The site is presented “as is.” we make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof (or inability to use the site) regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify and hold us, our affiliates, officers, employees, agents and licensors harmless for any loss, damages, claims, fines, penalties or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your (or anyone acting under your password and user name) use of the Site, any User Content made available on the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
The Terms and Conditions on this Site and your use of this Site, shall be governed by the laws of the State of California. You also agree that any legal action or proceeding related to this Site must be brought in the exclusive jurisdiction and venue of the state or federal courts located in Los Angeles, California.
By using this site and/or purchasing products from EMIcosmetic.com, you agree that site usage and the offer and sale of those products takes place in, and is subject to the laws of the State of California. You also agree that any legal or equitable claim arising from your purchase must be brought in the city, state or federal courts located in Los Angeles County, California, and you consent to the exclusive jurisdiction and venue in such courts. All goods purchased from EMIcosmetic.com are F.O.B. at our fulfillment center. Title to goods passes to you at the time of delivery by the fulfillment center to a common carrier. Esthetics Merchandise, Inc. is a California corporation. We are required to collect state, county, and local sales tax for all orders shipped within California. For all international orders, customers are responsible for customs, brokerage fees and import duties of the destination country. All shipments will ship via UPS or USPS.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase EMIcosmetic.com products) must be commenced within one (1) year after the claim or cause of action arises. EMIcosmetic.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. EMIcosmetic.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Termination of Terms and Conditions
These Terms and Conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by EMIcosmetic.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, Governing Laws and Miscellaneous, shall survive any termination.
EMIcosmetic.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to EMIcosmetic.com.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a EMIcosmetic.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
EMIcosmetic.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, EMIcosmetic.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, EMIcosmetic.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to EMIcosmetic.com.
You acknowledge and agree that these Terms and Conditions and any and all other legal notices or statements posted on the Site constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to alter or delete any materials on this Site, including, but not limited to, Terms and Conditions, at any time without notice of such change. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed materials. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.