Terms and Conditions
OVERVIEW
This website is operated by Essay Cosmetics Group LLC
These Terms and Conditions (‘the Terms’) govern the users (‘you’ or ‘your’) use of the www.essaycosmetics.com (‘the Website’) and your relationship with:
(i) essaycosmetics.com is a United States Based eCommerce website located in the state of Florida
(ii) All your purchases are made in United States dollars (USD)
(iii) (‘we’, ‘our’, or ‘us’). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
(iv) Terms can be, “Terms of Service”, “Terms”, “Terms and Conditions”
(v) Effective date: 1 May 2019
Essay Cosmetics Group LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our site and/or purchasing product(s) from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Agreement
By using the Website you agree to be bound by these Terms and Conditions.
2. Registration
You warrant that the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
The products purchased on this site are for private use only and are not for re-sale. You will notify us immediately of any changes to the personal information by e-mailing or mailing our customer service representatives at:
E-mail: service@essaycosmetics.com
or
Snail Mail:
Essay Cosmetics Group LLC
120 W. Central Avenue
Winter Haven, FL USA
33880-6313
3. ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province or country of residence, or that you are the age of majority in your state or province or country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or code of any nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
4. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
5. INTELECTUAL PROPERTY DISCLAIMER
All rights reserved. All content (texts, trademarks, illustrations, photos, graphics, files, designs, arrangements etc.) on this website are the property of Essay Cosmetics Group LLC and/or its owners or affiliates. To reproduce, republish, alter, upload, post, transmit, distribute or publicly display material from this Site, you will need written permission from Essay Cosmetics Group LLC. All other trademarks, services marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited, and nothing stated or implied on this Site confers to you any license or right under any patent or trademark of Essay Cosmetics Group LLC or any third party. If you use such material without permission, Essay Cosmetics Group LLC will aggressively enforce its intellectual property rights to the fullest extent of the law.
6. WARNING/DISCLAIMER
The contents and information on the Site are for informational purposes only. This web site does not offer medical advice, or attempt to diagnose or treat any skin problem, disease, or skin condition. The content is not intended to be, nor should be interpreted as, advice or a recommendation concerning the use of any cosmetic product. Always seek the advice of a physician or other qualified health care provider with any questions you may have regarding a medical condition.
7. PRODUCT OR RECOMMENDATION DISCLAIMER
The information and recommendations strictly reflect the ideas, perceptions and knowledge of the author and the author’s team, NOT medical advice, diagnosis, or treatment. Consult your physician for your medical conditions. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
Individual customer experiences with our products may vary with respect to effectiveness and potential adverse reactions. Individual results may vary depending on skin type, sensitivity, skin conditions, age, skincare history and also how the product is applied. Results given in testimonials are from real customers who have used our products, but similar results are not guaranteed.
Any product could cause a negative reaction on skin at one time or another. If you develop skin sensitivity to a cosmetic, stop using it immediately and consult your physician. If you need medical advice about your skin, consult a dermatologist or physician.
Before use, it is advisable to test the product on a small area of skin to check for sensitivity or allergic reaction. If irritation occurs, adjust usage accordingly. If irritation persists, discontinue use, and in the unlikely case of severe irritation seek professional medical advice. Essay Cosmetics Group LLC accepts no responsibility or liability for any adverse consequences resulting directly or indirectly from the use of our products. Contact your doctor immediately if you suspect that you have a medical problem or emergency.
The ingredients in each product may change without prior notice. Please read the complete ingredient list prior to purchase.
The products sold through the Site are sold “AS IS” and without warranties of any kind, express or implied.
You understand that any warranties provided in connection with any third party products described on the Site are provided solely by the third party and not by Essay Cosmetics Group LLC. Your sole remedy for dissatisfaction with the Site is to stop using the Site. You acknowledge by your use of the site that your use of the site is at your sole risk. Essay Cosmetics Group LLC is not responsible for any direct, indirect, incidental, consequential, special, and punitive or other damages, whether arising out of contract, negligence, strict liability or other theory, in connection with the Site, the content thereof or the products sold and described thereon, even if advised of the possibility of such damages. In no event shall Essay Cosmetics Group LLC’s liability to a user exceed the amount paid by the user for accessing the site or for the purchase of products sold therein.
8. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
9. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
10. PRODUCTS OR SERVICES (if applicable)
Products or services available online through the website may have limited quantities and are subject to return or exchange only according to our returns policy (See 14).
We have made every effort to display as accurately as possible the colors and images of our products that appear in the online store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
11. ELIGIBILITY TO PURCHASE
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under United States law you must:
- Be 18 years of age or over; and register your real name, address, phone number, e-mail address and all other requested details.
- By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorize us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
12. ORDERS
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit card, AliPay, UnionPay or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorized access to any data provided by you when accessing or ordering from the Website.
The products sold on the Website are not for re-sale or distribution. You are limited to a purchase of 5 items of any one product. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision. Please contact us for a purchase more than 5 of the same item.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
13. PRICE AND PAYMENT
All prices shown on the website are exclusive of Sales Tax. We reserve the right, however, to change prices at any time without notice to you.
If your delivery address is within the US State of Florida, Sales Tax, where applicable, will be added to your order at check out.
If your delivery address is outside of the United States of America you may be subject to import duties and taxes, which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
Please note that cross border shipments may be subject to opening and inspection by customs authorities. You are deemed to be the importers of all goods we dispatch to you and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
Payment can be made by AliPay, Visa, MasterCard, UnionPay, American Express card or via your PayPal account. Payment will be debited and cleared from your account before the shipping of your goods to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with Heading 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us we will not be liable to you for any delay or non-delivery.
If your credit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment. We will give you at least 48 hours’ notice in advance of any reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order within 48 hours of us sending you this email.
You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
Please familiarize yourself with these Terms and Conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit card has been charged. If there is any inconsistency between the Terms and Conditions upon which the discount codes were issued and these Terms and Conditions, the discount code Terms and Conditions prevail. A copy of the discount code Terms and Conditions, if different than these terms, can be obtained by mailing our customer service representatives at:
Essay Cosmetics Group LLC
120 W. Central Avenue
Winter Haven, FL USA
33880-6313
14. RETURN AND CANCELLATION POLICY
You have the right to cancel your order within 14 days for any reason.
The cancellation period will expire 14 days from delivery receipt of the product.
To exercise your right to cancel, you must inform us of your order cancellation with an email stating you wish to cancel the order.
It is important that you check your order or items upon receipt and always before use. So, if there is any problem you can report it in time for us to investigate.
You will need to contact us before returning an order. This will help us to process your return in a timely manner.
Please ensure that the items you are returning are unopened and in the original packaging. Returned goods need to be in new condition with unbroken retail seals (For health and safety).
Free gifts, warranties, tags, manuals or any other accessories that came with your unwanted goods will also need to be returned with the products.
The return shipping is at your cost unless we shipped you the wrong products. If we shipped you the wrong products please immediately contact us so we can get your correct products on the way to you.
If the customer returns the goods for their own reasons, the shipping fee will be deducted from the refund amount.
Meanwhile, you should return the order or item within 14 days. It is recommended you use a shipping service that provides insurance and tracking so you can track the status of the return. We will not be liable for items lost in transit.
After we received your return, your refund should be issued in 5- 7 working days (Refund Time to you depends on your credit card company and their policies), you will receive an email informing you the refund has been processed by us.
15. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address, and/or use the same IP address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
16. DOMESTIC SHIPPING
How we ship within the continental United States:
We may choose from the following; USPS, FedEx or UPS for delivery
If you desire expedited delivery we will gladly quote you the cost
17. INTERNATIONAL SHIPPING
China Shipping
We use the following: http://www.worldcps.com/
China Shipping includes the China customs fees
Expected shipping time to you is 15 business days
Delivery time can change due to customs delays, please allow 30 business days for arrival
If you desire expedited delivery we will gladly quote you the cost
International Shipping (excluding China)
We use the following: USPS
Cost will be quoted when we have your destination country and address
Expected shipping time to you is 15 business days
Delivery time can change due to customs delays, please allow 30 business days for arrival
If you desire expedited delivery we will gladly quote you the cost
18. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
19. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
20. USER, REVIEWS, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit a review, comment, feedback or other submission you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant Essay Cosmetics Group LLC and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Essay Cosmetics Group LLC:
- The content and material is accurate
- Use of the content and material you supply does not breach any applicable Essay Cosmetics Group LLC guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory)
- You agree to indemnify Essay Cosmetics Group LLC for all claims brought by a third party against Essay Cosmetics Group LLC arising out of or in connection with a breach of any of these warranties
No endorsement policy. In some instances, the content on the Site represents the opinions of Site users. Essay Cosmetics Group LLC does not endorse nor support such opinions.
21. PERSONAL INFORMATION AND PRIVACY POLICY
(1) Who we are
A eCommerce website; http://essaycosmetics.com
Your submission of personal information through the store is governed by our Privacy Policy shown below.
(2) What personal data we collect and why we collect it
a) Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
b) Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
c) Contact Us forms
We collect the information you input into the “Contact Us” form so we can respond to your questions, comments, or concerns
d) Cookies
For more information on cookies, please see section 23 below.
e) Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website. You will need to contact the other web site for information on their use of cookies.
f) Order information
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and a phone number. We refer to this information as “Order Information.”
(3) How do we use your personal information?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
(4) Who we share your data with?
We share your Personal Information with third parties to help us use your Personal Information, as described above. We also use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout
We may also share your Personal Information, without giving you notification, to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
(5) How long we retain your data?
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
When you place an order through the Site, we will maintain your Order Information for our records.
(6) What rights you have over your data?
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, monetary, legal, or security purposes. You can make this request once a year. It might take up to 30 days for a response from us.
(7) Where we send your data?
Visitor comments may be checked through an automated spam detection service.
(8) How we protect your data?
We follow industry standards on information security management to safeguard sensitive information. Our information security systems apply to people, processes and information technology systems on a risk management basis.
(9) Changes
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices, technology advancements or for other operational, legal or regulatory reasons.
(10) Contact us
If you have questions please contact us by one of the methods below:
Email: service@essaycosmetics.com
or
Snail Mail: Essay Cosmetics Group LLC
120 W. Central Avenue
Winter Haven, FL USA
33880-6313
22. CHILDRENS PRIVACY POLICY
This children’s privacy policy explains Essay Cosmetics Group LLC’s practices with respect to the online collection and use of personal information from children under the legal age of the country of residence (underage), and provides important information regarding their rights under US federal law with respect to such information.
This Site is not directed to underage children and we do NOT knowingly collect personally identifiable information from underage children as part of the Site. We screen users who wish to provide personal information in order to prevent an underage user from providing such information. If we become aware that we have inadvertently received personally identifiable information from an underage user as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from underage children as part of the Site.
Because we do not collect any personally identifiable information from underage children as part of the Site, we also do NOT knowingly distribute such information to third parties.
We do NOT knowingly allow underage children publicly post or otherwise distribute personally identifiable contact information through the Site.
Because we do not collect any personally identifiable information from underage children as part of the Site, we do NOT condition the participation of an underage child in the Site’s online activities on providing personally identifiable information.
23. COOKIES AND HOW WE USE THEM ON ESSAYCOSMETICS.COM
(1) What Are Cookies
As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.
For more general information on cookies see the Wikipedia article on HTTP Cookies.
(2) How We Use Cookies
We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave all cookies on if you are not sure whether you need them or not in case they are used to provide a service that you use.
(3) Disabling Cookies
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site. Therefore it is recommended that you do not disable cookies.
(4) The Cookies We Set
- Account related cookies
If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.
- Login related cookies
We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
- Email newsletters related cookies
This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
- Orders processing related cookies
This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
- Surveys related cookies
From time to time we offer user surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.
- Forms related cookies
When you submit data to through a form such as those found on contact pages or comment forms, cookies may be set to remember your user details for future correspondence.
- Site preferences cookies
In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.
(5) Third Party Cookies
In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.
- This site uses Google Analytics which is one of the most widespread and trusted analytics solutions on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.
- From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimizations our users appreciate the most.
- Several partners advertise on our behalf and affiliate tracking cookies simply allow us to see if our customers have come to the site through one of our partner sites so that we can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide you for making a purchase.
- We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; Facebook, Instagram, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.
(6) More Information
Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our web site.
If you have questions you can contact us at:
Email: service@essaycosmetics.com
or
Snail Mail: Essay Cosmetics Group LLC
120 W. Central Avenue
Winter Haven, FL USA
33880-6313
24. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
25. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, malicious code, or any other type of code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
26. INTERNATIONAL USERS
The Service is controlled, operated and administered by Essay Cosmetics Group LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Essay Cosmetics Group LLC Content accessed through www.essaycosmetics.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations of your country.
27. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Essay Cosmetics Group LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
28. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Essay Cosmetics Group LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
29. SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
30. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
31. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such rights or provisions.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
32. GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of the United States and the State of Florida. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties and the remainder of this Agreement shall remain in full force and effect.
33. CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
34. CONTACT INFORMATION
Questions about the Terms and Conditions can be sent to us at:
Email: service@essaycosmetics.com
or
Snail Mail:
Essay Cosmetics Group LLC
120 W Central Avenue
Winter Haven, FL USA
33880-6313
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