ANYONE WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH HAVE MANDATORY AND LEGALLY BINDING, SHOULD REFRAIN FROM USING THE SITE AND / OR THE PRODUCTS AND SERVICES PUBLISHED HEREIN.
Our Site specializes in the marketing of hair cosmetics and hair embellishment. Its use is exclusively for application to the hair. Intake is strictly prohibited. Do not damage your hair or scalp. The products and services available on the Site are for personal use only. You may not sell or resell any of the products or services marketed through the Site. We reserve the right, with or without notice, voiding the use of any products or services provided through the Site in the event that we believe, in our sole discretion, that You may be making inappropriate use of the same or violate our Terms and Conditions.
When offering on the products through this Site, ITSANIPLAMA will inform, in clear and easily accessible way, the steps to be followed to complete the operation and make a purchase. Merely to follow steps for such purposes stated in this website in order to make a purchase, will mean that you accept that effectively ITSANIPLASMA has complied with the conditions contained herein. You shall also indicate your address or email and ways to identify and modify mistakes of the shipping information or in your personal information.
The products and services offered on the Site, except as may be specified differently for individuals or offers products or services for certain cases , can be paid through PayPal, you must enter https://www.paypal.com for more information and you will be subject to PayPal’s terms and conditions. ITSANIPLASMA does not assume any responsibility for the use of the PayPal’s site.
Notwithstanding the above, the means of payment may vary at any time to particular offers or for all those posted on the Site. Such changes will be posted on the Site by the advertising that we deem appropriate.
In the Site, ITSANIPLASMA shall offer of products and / or services which may be accepted electronically and through the mechanisms that the site provides to this end. Any transaction acceptance is subject to approval and validation of ITSANIPLASMA of such transaction. Consequently, for the entire operation being conducted on this Site, confirmation and / or validation and / or verification by ITSANIPLASMA shall be required for the fulfillment of the operation.
To validate the transaction ITSANIPLASMA you should check:
To inform you about this validation, we will send a written confirmation to email address you registered or by any other way of communication to ensure the proper and timely confirmation. The operation will be completely fulfilled by the time we send the confirmation. Your acceptance is irrevocable, except only in exceptional circumstances.
The validity of the offer of a product and / or service will always match with the effective date stated in the promotion or indicated in the informed stock of each product and / or service.
The prices of the products and / or services available on the Site, apply only for only purchase, for as long as they are published, and they are not necessarily applicable to other sales channels that can be used by ITSANIPLASMA, such as physical stores, telephone sales, catalogs or others that exist or may exist in the future.
The products and / or services purchased through the Site will be subject to the conditions of release and delivery available on the Site. Any information regarding the shipping is your sole responsibility. The term chosen for dispatch and delivery shall start after ITSANIPLASMA has validated the purchase order and the way of payment used. The term is expressed in working days.
Regarding the transactions conducted through the Site, you may retract from your purchase within five (5) days after the delivery of the product or of the contract, whichever comes later, unless a longer period is expressly stated in a particular offer, as long as the established in clause 9 of the present document is accomplished.
After the five days, ITSANIPLASMA may find, at its sole discretion, the best solution towards your satisfaction.
Within this period, you will be able to request a change or return of the purchased product and or service to ITSANIPLASMA. The product shall remain in perfect condition and preservation, with its labels, original packaging and accessories , and within the respective invoice and or receipt.
Once ITSANIPLASMA have received and reviewed the product, ITSANIPLASMA will refund the amount paid, through the payment method used in the original operation. The returning of the product shall not involve any sanction to you or ITSANIPLASMA.
If the return product does not match the one sent originally, is not in the original packaging, is damaged or missing any accessories, or presents any other damage that shall be attributed to you, ITSANIPLASMA the damage will be discounted of the amount originally paid, even if this means that no refund at all applies.
The registration in ITSANIPLASMA is free. When you purchase a product and / or service, you must pay the published price and only if applicable, also the shipping and delivery price.
ITSANIPLASMA reserves the right to modify, change, add, or delete the current rates at any time, this updates which will be posted on the Site. However, ITSANIPLASMA may temporarily change policy rates and the rates for their products and / or services because of promotions, such offers shall only apply when stated in the Site, and will last only as long as indicated. ITSANIPLASMA reserves the right to take any legal or paralegal measure in order to obtain the payment of the products and or services.
We try to be as precise and clear as possible when describing our products and services on the Site; however, within the scope permitted by applicable law, we do not warrant that product descriptions , colors, information or other content available on the Site is accurate, complete , reliable, current or “error-free”.
All information and content available on the Site as well as their appearance, including but not limited to trademarks, logos, text, graphics, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content”) are owned by ITSANIPLASMA, our affiliates, partners or licensors, and it is protected by US and international laws, including laws governing copyrights and trademarks.
Except as set forth, in the limited licenses referred to in paragraph 13 , or as required by applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold , resold, modified or otherwise exploited , in whole or in part, for any purpose without our express written consent .
We grant you a limited, revocable, non-exclusive license to access and make personal use of the Site License. This limited license does not include the right to: (A) frame or utilize framing techniques to enclose the Site or any part thereof; (B) publish, redistribute, transmit, sell, license or download the Site and / or any content contained therein (except caching or as necessary to view the Site ); (C) make any use of the Site or any Content contained therein other than personal use; (D) modify, reverse engineer, or create derivative works based on the Site and / or the Content ; (E) collect account information for the benefit of oneself or a third party; or (F) use software robots, spiders, crawlers, or similar data gathering and data mining . You must retain, without modification, all proprietary notices on the Site are or are attached on the Site.
Also, we grant you a limited, revocable, and non-exclusive license to create a hyperlink to the Site for personal home page, not for commercial use. A website that links to the Site (I) may link to , but not replicate all or part of our content ; (II) may not imply that we are endorsing such website or its services and / or products; (III) may not misrepresent its relationship with us ; (IV) may not contain content that could be construed as distasteful , obscene , offensive, illegal or inappropriate for all ages ; (V) cannot associate us or our products or services in a false, misleading, derogatory, or otherwise offensive , or partner with undesirable products, services, or opinions ; and (VI) may not link to any page of the Site other than the home page . We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request shall immediately remove such link and cease any linking ; unless expressly authorized in writing by us to resume linking.
Any unauthorized use that you make of the Site and / or any content contained therein automatically terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
When accessing or using the Site, you shall comply with these Terms and Conditions and the special warnings or instructions indicated on the Site. You must always act in accordance with the law, custom and in good faith. You cannot make any change or alteration to the Site or any Content or services that may appear on this Site, and may not impair in any way the integrity or operation of the Site; this without limiting any other provision in these Terms and Conditions. In the event of default, either intentionally or by negligence of any of its obligations under these Terms and Conditions, you will be responsible for all the damages that this may cause to ITSANIPLASMA, our affiliates, partners or licensors.
You can choose to create an account at our Site if you are over thirteen (13) years of age. You shall not register if you do not have more than thirteen (13) years of age. When you 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. Accessing and / or using the Site on behalf of someone else, you represent that you have the authority to bind that person by these Terms and Conditions, and insofar as it has no such authority, you agree to be bound by these Terms and Conditions and accept responsibility for damages caused by any misuse of the Site, content and / or services resulting from such access or use.
We reserve the right to refuse to provide the service and / or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that such refusal would be favorable for ITSANIPLASMA.
We are not responsible for the content of any off-site pages or any other linked to or from the Site website. Links appearing on the Site are approved by ITSANIPLASMA, our affiliates or our partners. Your visit to or from any off-site page or other websites is at your own risk. We are not in any way responsible for examining or evaluating, and does not warrant the offerings of off-site pages or any other linked to or from the Site web site, nor do we assume any responsibility or liability for the actions, content, products or services of these pages and/ or websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and / or other Web sites you visit.
If you make a Submission, you represent and warrant that you own or control the rights thereto. You represent and warrant that such Submission does not constitute or contain software viruses, commercial request, mass mailings, or any form of "spam" You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions. You agree to indemnify us for all claims arising out of or in connection with any Submissions and / or damages arising thereof.
When you send, upload, post or e -mail text, software, music, sound, photographs, graphics, images, video, messages or other materials (“User Content ") on or to the Site, You are entirely responsible for such User Content. Such User Content constitutes a communication in accordance with paragraph 18. This means that all third parties, and not we, are entirely responsible for all User Content posted on the Site. You agree to prevent and stop the User Content ( A) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory , vulgar, obscene, libelous, invasive of another's privacy, hateful , or racially ; (B) is false, inaccurate or misleading ; (C ) received compensation from third parties; or ( D ) infringes any patent , trademark, trade secret, copyright or other proprietary rights ; (E ) does not contain any software viruses , unsolicited or unauthorized advertising, solicitation or promotional material, including mass mailings, or any form of " spam. " You further agree not to (I) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (II ) stalk, harass or harm any third party including harming minors in any way ; (iii ) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content ; (iv ) intentionally or unintentionally violate any state, national or international legislation ; or ( v ) collect or store personally identifiable data about other users .
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. In no event will we be liable in any way for any User Content , including, without limitation, any errors or omissions in any User Content, or any loss or damage of any sort incurred by you as a result of the use of any User Content transmitted, uploaded, posted , emailed or otherwise made available via the Site .
You acknowledge that we have the right (but not the obligation) in our sole discretion, to refuse to post or remove any User Content and we reserve the right to change or remove any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse to provide the service and / or close your account without notice if these Terms and Conditions shall violate or infringe rights of third parties.
THE SITE IS PROVIDED "AS IS". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, NON- VIOLATION OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT THAT THESE REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE .
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR (A) ANY INTERRUPTION OF BUSINESS; (B ) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA NON-DELIVERY, INCORRECT DELIVERY, DESTRUCTION OR OTHER MODIFICATION THEREOF; ( D ) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ACCESS TO OUTSIDE LINKS TO THE SITE; (E ) COMPUTER VIRUSES , FAILURE OR MALFUNCTION OF THE SYSTEM THAT MAY OCCUR IN CONNECTION WITH THE USE OF THIS SITE ; (F ) ANY INACCURACIES OR OMISSIONS IN THE CONTENT, OR (G ) EVENTS BEYOND OUR REASONABLE CONTROL .
FURTHER, TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OF ANY KIND ( INCLUDING LOST PROFITS) RELATED TO THE SITE OR ITS USE, REGARDLESS OF THE FORM OF ACTION , EVEN IF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED ONE HUNDRED DOLLARS (USD$100,00).
YOU AGREE THAT YOU WILL MAKE CLAIMS OR ACTIONS OF OR RELATED TO THE USE OF THE SITE OR THE TERMS AND CONDITIONS THEN WITHIN ONE (1) YEAR FROM THE GENERATOR MADE FROM SUCH CLAIM, DEMAND OR ACTION.
You agree to defend, indemnify and hold harmless ITSANIPLASMA for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action or demand arising from use of the Site made by you or any violation of these Terms and Conditions. You also agree to indemnify us for any loss, damage or expense, including reasonable attorneys' fees, resulting from use of software robots, spiders, crawlers, or the collection and extraction of data or any other action you take that imposes an unreasonable burden or load our infrastructure.
In relation to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York , as if the Terms and Conditions were a contract made in New York. Any dispute relating in any way to your visit to the Site shall be submitted to arbitration in New York and you agree to submit to the jurisdiction and proceedings thereof, except that , you anyway have violated or threatened to violate our intellectual property, our rights or intellectual property rights of our affiliates , partners or licensors or otherwise, in which case we reserve the right to seek injunctive relief in any court of competent jurisdiction and you consent to the jurisdiction of any court to such a purpose. Arbitration under this agreement shall be conducted under the then current guidelines of the American Arbitration Association. The arbitration award shall be binding and may be taken as a judgment in any court of competent jurisdiction.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and all proposals, agreements, or other previous communication.
We reserve the right, at our sole discretion, to modify these Terms at any time by posting changes on the Site. The changes will be effective immediately upon posting on the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without notice , terminate any demos of the rights granted by these Terms and Conditions.
Nothing contained in these Terms and Conditions shall be construed as creating a partnership, or other form of joint enterprise between us. Our failure to enforce any provision of these Terms will not be deemed a waiver of the provision itself. In the event that any provision of these Terms and Conditions unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions are inapplicable or invalid as a whole.
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