SITE TERMS AND CONDITIONS OF USE
1. User's Acknowledgment and Acceptance of Terms
In order to use our website and/or receive our services, you must be of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
2. Description of Services
We make various products and services available on this Site including, but not limited to, the sale of beauty and skin care products. Fees for the various services are set out in the subscription and service fees described elsewhere in this Site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own internet access (including payment of telephone service fees associated with such access).
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the products and services available on or through this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. What We Are Not
You should consult with your doctor or another healthcare provider if you are considering making any changes to your skin regiment due to health or medical reasons.
Neither we nor our Affiliates are providing any medical advice with the information set forth on this Site or with other information or materials that may be provided over the phone, in email correspondence or on product descriptions. No advice, ideas or suggestions should be inferred from this information or from any testimonials on this website.
Even though our products are considered safe, you should consult with your doctor or another healthcare provider if you are pregnant or lactating; if you have a medical condition or are taking pharmaceutical drugs.
Keep out of reach of children.
If you suspect that you have a medical condition or are seeking help for a specific skin disease, consult a qualified medical professional.
Do not use our products if you find that the safety seals are broken upon receipt.
5. Registration Data and Privacy
In order to access some of the services on this Site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
6. Placing an Order
When you place an order, you will receive an acknowledgement email confirming receipt of your order.
(a) Pricing and Availability. While we make every effort to ensure that all details, descriptions and prices which appear on this Site are accurate at time of going online, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
If you purchase products on this site from outside the United States, custom duties and import taxes, depending on requirements of the country the product is shipped to, is the responsibility of the person of the shipping address who receives the products.
(b) Payment of Fees. If you purchase a product or subscribe to a membership on this Site that requires payment of a fee, you agree to pay all fees associated with such product or membership. For all charges for products or memberships on this Site, we will bill your credit card. Recurring charges are billed in advance of membership subscription. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within seven (7) days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the product or membership fee, you agree that we may, at our option, suspend or terminate the shipment of your product or membership and require you to pay the overdue amount by other means acceptable to us.
You agree that until your subscription to the membership is terminated, you will continue to accrue charges for which you remain responsible.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
(c) Return, Exchange and Refund Policy. We are unable to offer refunds, returns, or exchanges for health & safety reasons of handling used hygiene products. All sales are final. Please note, we reserve the right to refuse all returns, reshipments and refunds. In the unlikely event that a product arrives damaged, you must contact customer service within forty eight (48) hours of receipt of the damaged product. You must include photos of the issue or damage and a screenshot of your order confirmation email.
7. Conduct on Site
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(f) Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site.You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your subscription without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
8. Third Party Sites and Information
This Site may link you to other sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.
9. Intellectual Property Information
Copyright (c) 2021 La Nezz LLC All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
10. User's Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Designated Agent for La Nèzz
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
11. Product Details
Our products may contain oils, butters and other ingredients from natural nuts, seeds, hemp, fruit or other natural or synthetic sources. If you have any allergies, please read the product label carefully. If sensitivity occurs, discontinue use immediately. In the case of pregnancy, nursing or illness, or if taking other medications, please consult with a healthcare professional prior to use of any of our products.
All facts, details & recommendations on our website are provided “as-is” and for information purposes only, and are not intended to diagnose, prescribe or replace the advice of professionals. Customer feedback is provided voluntarily, and as such it is based on individual perception & expectations from a particular product.
Our recommendations and formulations are based on widely accepted facts about a particular natural ingredient. Skincare and Makeup products are not a medication, and we can only make recommendations for suitability of our products in certain skin ailments and conditions.
ANY RECOMMENDATIONS ACCEPTED BY YOU ARE ACCEPTED ENTIRELY AT YOUR OWN RISK. BY PURCHASING OUR PRODUCTS YOU ACCEPT RESPONSIBILITY TO CHECK WITH A PROFESSIONAL BEFORE USING ANY PRODUCTS THAT MAY INTERFERE WITH DRUGS OR MEDICAL CONDITIONS. BY PURCHASING OUR PRODUCTS YOU RECOGNIZE AND ACCEPT THAT SOME INGREDIENTS, NATURAL INGREDIENTS, ESSENTIAL OILS IN PARTICULAR, MAY CAUSE SENSITIVITY IN SUSCEPTIBLE INDIVIDUALS AND THAT WE WILL NOT BE HELD RESPONSIBLE FOR SUCH OCCURRENCES. WE ENCOURAGE THOSE WITH SENSITIVE SKIN TO SELECT OUR UNSCENTED PRODUCTS OR PURCHASE TEST SPOTS WHERE APPLICABLE BY PERFORMING A PATCH TEST ON THE SKIN FOR POSSIBLE REACTIONS. USE PRODUCTS ONLY AS DIRECTED.
INFORMATION ON INGREDIENTS USED IN COSMETIC PRODUCTS APPEARING ON THE SITE IS NOT INTENDED TO BE, NOR SHOULD BE INTERPRETED AS, ADVICE OR RECOMMENDATION CONCERNING THE USE OF ANY COSMETIC PRODUCT. IF YOU HAVE QUESTIONS ABOUT YOUR USE OF A COSMETIC PRODUCT, PLEASE REVIEW THE LABELING APPEARING ON THE PRODUCT AND/OR CONSULT A PHYSICIAN. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY MEDICAL CONDITION.
BY ORDERING FROM OUR WEBSITE YOU CONFIRM YOU HAVE READ THIS DISCLAIMER!
FDA Disclaimer. The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from healthcare practitioners. Please consult your healthcare professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act requires this notice.
12. Disclaimer of Warranties
ALL PRODUCTS, MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. IN PARTICULAR, WE MAKE NO REPRESENTATIONS OR WARRANTIES IN RELATION TO ANY HEALTH INFORMATION ON THIS SITE, NOR SHOULD YOU RELY ON ANY INFORMATION, PRODUCTS OR MATERIALS AS AN ALTERNATIVE TO MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER PROFESSIONAL HEALTHCARE PROVIDERS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE PRODUCTS, SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE PRODUCTS, SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE PRODUCTS, MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE PRODUCTS, MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH PRODUCTS, MATERIALS OR SERVICES.
THE USE OF THE PRODUCTS, SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURSELF OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM USE OF OUR PRODUCTS, LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site or any of our products or services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
15. Participation in Promotions
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
16. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account.Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
17. International Use
We make no representation that the products or materials on this Site are available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, and for any customs, duties, or other import or collection fees. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
18. Termination of Use
19. Governing Law
This Site (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this Site both of us agree that the statutes and laws of the State of Florida, without regard to the choice or conflict of laws principles thereof, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the District Court of Orange County and the United States District Court for Middle District of Florida with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or at La Nezz LLC, 9300 Conroy Windermere Rd. #646, Windermere, FL 34786, USA, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you.
21. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, pandemic, epidemic, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
23. Contact Information