TERMS AND CONDITIONS
Terms and conditions of sale
Shipping policy
Sale
Return and refund policy Terms and conditions of website use
Terms and conditions of
sale
Please read these terms and conditions of sale ("sale agreement") very carefully. The customer agrees to be
bound by this sale agreement and accepts its terms and conditions (unless the customer has signed a separate formal
purchase agreement with Tiffany Cosmetics, in which case the separate agreement shall govern).
Shipping policy
We ship Worldwide:
Shipping is not available to Guam, US Virgin Islands, American Samoa, Northern Marina Islands, and Palau.
For the Customer's protection, we ship only to the verified billing address of the Customer's credit card.
Sale
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Tiffany Cosmetics Inc. The Customer accepts this
Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or
"your" or “user” shall relate to the Customer; references to "Tiffany Cosmetics Inc." shall relate to Tiffany
Cosmetics Inc. and/or its affiliates. Tiffany Cosmetics Inc. may sometimes be referred to herein as “we”
or “our”). The terms and conditions of this Sale Agreement are subject to change without prior notice, except that
the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will
govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Tiffany Cosmetics Inc relating to
the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with
regard to goods or services that have been purchased or sold on the Site in a writing signed by Tiffany Cosmetics
Inc. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale
Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail
application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the
record provided in non-electronic form by contacting Tiffany Cosmetics Inc at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale
Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our
invoice shall control.
Governing Law This agreement and any sales hereunder shall be governed by the laws of the
state of NY, without regard to conflicts of laws rules. The customer consents to the jurisdiction of the federal or
state courts located in New York County, New York for purposes of any suit, action or proceeding arising out of
this sale agreement.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at
that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by
Tiffany Cosmetics Inc. is Tiffany Cosmetics Inc. responsibility. Loss or damage that occurs during shipping by a
carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable
licensor(s).
Export Sales
If goods herein are being purchased for purposes of export, the Customer must obtain from the applicable
governmental authorities certain export documentation before shipping to a foreign country. In addition,
manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any and all liability is only for the
products purchased [Let’s discuss intent].
General Legal Disclaimer Tiffany Cosmetics Inc hereby expressly disclaims all warranties
either expressed or implied, including, without limitation, any warranty of merchantability or fitness for a
particular purpose. this disclaimer by Tiffany Cosmetics Inc in no way affects the terms
of the manufacturer's warranty, if any.
Internet Disclaimer Internet connectivity requires access services from an Internet access
provider.
Contact your local access provider for rates, terms and conditions.
Pricing and Information Disclaimer
All prices are subject to change. For all prices, products and offers, Tiffany Cosmetics Inc reserves the right to
make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in
advertisements and other extenuating circumstances. High volume orders are welcome! While Tiffany Cosmetics Inc
uses reasonable efforts to include accurate and up-to-date information on the Site, Tiffany Cosmetics Inc makes no
warranties or representations as to the Site's accuracy. Tiffany Cosmetics Inc assumes no liability or
responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
Tiffany Cosmetics Inc will not be liable for lost profits, loss of business or other consequential, special,
indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third
party except as expressly provided herein. Tiffany Cosmetics Inc will not be liable for products or services not
being available for use or for lost or corrupted data or software. Customer agrees that for any liability related
to the purchase of products or services, Tiffany Cosmetics Inc is not liable or responsible for any amount of
damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement. Some states do
not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion
may not apply to you. If the foregoing limitations are held inapplicable or unenforceable for any reason, then the
maximum liability of Tiffany Cosmetics Inc to you for any type of damages shall be limited to the greater of the
actual amount paid by you for any products offered on the shopping area or U.S. $100.00.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Tiffany Cosmetics Inc until accepted by Tiffany Cosmetics Inc. Terms of payment are
within Tiffany Cosmetics Inc sole discretion. Invoices are due and payable within the time period noted on the
invoice, measured from the date of the invoice. Tiffany Cosmetics Inc may invoice parts of an order separately.
Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is
responsible for sales and all other taxes associated with the order. Some of the reasons your order may be declined
are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of
fraud is detected. If your order is declined, we will credit your credit card for any amount charged with respect
to such order. Tiffany Cosmetics Inc reserves the right without prior notice to discontinue or change product
specifications, locations where products are delivered, and prices on products and services offered on the Site
without incurring any obligation to you.
Return and Refund Policy
General
If you want/ wish/ decide/ need to return a product(s) purchase from our Site, please fill out the “Return Section”
of the invoice that was enclosed in your original order. Place the invoice inside the package with the item(s)
being returned, retaining a copy for your records.
· You may return item(s) up to 30 days after the delivery date.
· All item(s) will be inspected upon receipt by us. Only full, unused, and unopened containers in its original
packaging will/can be accepted for refund, unless such item(s) is determined to be defective by us. Defective items
will be replaced if available, failing which a refund will be issued.
· Only items purchased from this Site can be accepted for a refund.
· We are not responsible for any item(s) returned to us because such item(s) are undeliverable, unless due to
our fault. Except if our fault, you will receive a refund for the item(s), but not shipping. If you choose to have
us re-ship such item(s) you will be charged for such costs.
· Any refund will be issued to the account used to place the original order. It may take up to 5 business days
for such refund to be posted to your account.
It is your responsibility to retain all shipping receipts and tracking information. Insured shipping is
recommended for the return package.
We are not responsible for any loss or damage caused by the shipping company. It is your responsibility to
inspect all orders promptly upon receipt and to immediately inform us of any damage.
If you have questions about returns, please feel free to contact us by phone at 212-591-0000 or by email:
salesrep@miraclemakeupapplicators.com
Credit Cards Credit card charges are processed online after ordering the products and/or
services.
Quantity Limits and Dealer Limits
Tiffany Cosmetics Inc reserves the right, at its sole discretion, to limit the number of items purchased per
person, per household, or per order. These restrictions also may be applicable to orders placed by the same
account, the same credit card, and also to orders that use the same billing and/or shipping address, or are placed
by dealers.
Terms and conditions of website use
By visiting, browsing, shopping, accessing or otherwise using this web site (the "site") operated by Tiffany
Cosmetics Inc (hereinafter referred to as “Tiffany Cosmetics Inc”) you agree to be bound by these terms and
conditions.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, including, without limitation, the Privacy
Policy by visiting, browsing, shopping, accessing or otherwise using the Site. The Terms and Conditions of Use and
Privacy Policy are collectively referred to herein as the “User Agreement”). These terms and conditions are subject
to change without prior notice at any time, in Tiffany Cosmetics' sole discretion. By visiting, browsing, shopping,
accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change.
Customers should check this User Agreement frequently. It is your obligation to review the User Agreement from time
to time. Any changes to the Terms and Conditions or Policy will be effective immediately upon posting to the Site
and shall be binding upon you if you continue to use the Site after they have been posted, as set forth below.
Acceptance of Contract Terms This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and Tiffany Cosmetics Inc (References in this User Agreement to "you" or
"your" or “user” shall relate to a customer of Tiffany Cosmetics Inc or other party that visits, browses, shops,
accesses or otherwise uses the Site (collectively referred to herein as the "Customer"; references to "Tiffany
Cosmetics Inc" shall relate to Tiffany Cosmetics Inc and/or its affiliates. Tiffany Cosmetics Inc may sometimes be
referred to herein as “we” or “our”) By visiting, browsing, shopping, accessing or otherwise using this site
("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply
with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you
do not agree to this User Agreement, as it may be changed by Tiffany Cosmetics Inc from time to time, do not use
this Site. Your continued use of the Site will constitute your agreement to the most current version of the User
Agreement. The material provided on this Site is protected by law, including, but not limited to, United States
copyright law and international treaties. This Site is controlled and operated by Tiffany Cosmetics Inc from its
offices within the United States and outside the United States.Tiffany Cosmetics Inc makes no representation that
materials in the Site are appropriate or available for use in other locations, and access to them from territories
where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so
on their own initiative and are responsible for compliance with applicable local laws in such locations.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the
State of New York without regard to conflict of law rules. You consent to jurisdiction of the federal and state
courts located in NEW YORK County, New York to hear any such claims.
Access, Interference and Linking
The Site and its services are intended to facilitate the offering for sale of Tiffany Cosmetics Inc. Tiffany
Cosmetics Inc grants you a limited license to access and make personal use of the Site and not to download (other
than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with
express written consent of Tiffany Cosmetics.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot,
spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained
herein without prior written permission by Tiffany Cosmetics Inc; collection or use of any product listings,
descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with
or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely
functioning.
Any unauthorized use terminates the license granted by Tiffany Cosmetics Inc. You are granted a limited,
revocable, and non exclusive right to create a hyperlink to the home page of the Site so long as the link does not
portray Tiffany Cosmetics Inc, its affiliates, or their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any Tiffany Cosmetics Inc logo or other proprietary graphic or
trademark as part of the link without express written permission. Tiffany Cosmetics Inc does not review or control
third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites
linked to or from the Site.
Tiffany Cosmetics Inc reserves the right to suspend your use of the Site for any reason at any time, in its sole
discretion.
Use Restrictions The copyright in all material provided on this Site is held by Tiffany
Cosmetics Inc or by the original creator of the material. Except as stated herein, none of the material may be
copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the
prior written permission of Tiffany Cosmetics Inc or the copyright owner. Permission is granted to display, copy,
distribute and download the materials on this Site for personal, non-commercial use only; provided you do not
modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must
immediately destroy any downloaded or printed materials. You also may not, without Tiffany Cosmetics Inc prior
written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any
material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes. All trademarks and registered trademarks are the sole property of their
respective owners. Photographs courtesy of respective manufacturers. Tiffany Cosmetics Inc are trademarks of
Tiffany Cosmetics Inc Copyright 2013. Without limiting the generality of the foregoing, your use of the Site is
also subject to the following restrictions:
a. You may not send unsolicited commercial e-mail to Users. In addition, spam, chain e-mails, advertising
solicitations and similar e-mail solicitations are expressly prohibited;
b. You may not delete, edit or revise any material posted by any other person or entity. You may not copy,
duplicate, download or otherwise use any material posted by any other person or entity except for the purposes
permitted by these Terms and Conditions of Use.
You may not interfere with the proper operation of the Site including, but not limited to, by attacking, hacking
into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of
bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the
proper operation of the Site or the use of the Site by any Users
Disclaimer of Warranties and Limitation of Liability
Your agreement to the following disclaimers and limitations are a material inducement for us to permit you to
access the Site. Your use of the Site, and the obligations and liabilities of us in respect of your use of the
Site, is expressly limited as follows:
a. Conduct of Users
We assume no responsibility for the activities or conduct of Users.
b. Accuracy of Information
We make no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or
reliability of any information submitted by users, or of any other form of communication engaged in or information
exchanged by users. Information on the site may contain inaccuracies or typographical errors. You acknowledge that
any reliance on information submitted by users or on any other form of communication with users will be at your own
risk. We attempt to be as accurate as possible when describing our products on this site. However, to be extent
permitted by applicable law, we do not warrant that the product colors, information, descriptions or other content
available on the site are accurate, reliable, error-free or complete.
c. Disclaimer of Warranties
The Site is provided "as is" and without any warranty whatsoever. We disclaim any and all express and implied
warranties whatsoever, including without limitation, the warranties of merchantability, title, non-infringement of
third parties rights, and fitness for particular purpose.
d. Indemnification
You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of
actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out
of your breach of these Terms and Conditions of Use.
e. Limitation on Liability
Under no circumstances, including, but not limited to, negligence, shall Tiffany Cosmetics Inc be liable for any
direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or
profit, arising out of the use, or the inability to use, the materials on this site, even if Tiffany Cosmetics Inc
or a Tiffany Cosmetics Inc authorized representative has been advised of the possibility of such damages. If your
use of materials from this site results in the need for servicing, repair or correction of equipment or data, you
assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you. If the foregoing limitations are held
inapplicable or unenforceable for any reason, then the maximum liability of Tiffany Cosmetics to you for any type
of damages shall be limited to the greater of the actual amount paid by you for any products offered on the
shopping area or U.S. $100.00.
Limitations of Information Submitted
Any submission of information to us through the Site is subject to the following guidelines and restrictions:
a. It may not contain URLs or links to any Internet Web sites (To advertise your company or Web site, contact
our Sales department);
b. It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post
the copyrighted material);
c. It may not contain trade secrets (unless you own them or have the owner's permission to post them);
d. It may not contain material that infringes on the intellectual property rights of others, including but not
limited to, copyright, trademark, patent, or trade secret rights;
e. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing,
abusive, or hateful;
f. It may not contain information that is known by you to be untrue, false or misleading or which does not
fairly or accurately depict or describe the subject matter, which is the subject of the information posted by
you;
g. It may not present information, which impersonates another person, whether living or dead, misstate the
identity of any person, or misstate or mislead as to gender or age;
h. You may not solicit money, investments or make any offering of securities or investments;
i. You may not submit chain letters or pyramid schemes; and You may not submit opinions or notices, commercial
or otherwise..
Monitoring of Information
We do not assume any obligation to review the accuracy, completeness, truthfulness or content of any information
submitted to the Site. User assumes the risk of verifying the accuracy of information posted through independent
investigation. Notwithstanding, we may in our discretion review information submitted to the Site for any purpose
whatsoever and we reserve the right, in our sole discretion, to reject any information submitted to the Site for
any reason whatsoever.
Rights to Information
User hereby grants to us an irrevocable, perpetual, worldwide right and license to use and display all information
submitted by you, subject to our Privacy Policy.
Security Rules
To ensure the security of the Site and of Users, the following security rules govern your use:
a. Protect Your Password. You are responsible for maintaining the confidentiality of your information and
password, and you are responsible for all uses of your registration, whether or not authorized by you. In the event
you lose your password or become aware of misuse or unauthorized use of your password, it is your obligation to
immediately notify us. We shall have no responsibility for loss or misused passwords or for unauthorized access
occasioned by the foregoing.
b. Prohibited Uses:
- (i) Accessing data not intended for you or logging into a server or account which the you are not authorized
to access;
-(ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization;
- (iii) Attempting to interfere with service to any User, host or network, including, without limitation, via
means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing";
-(iv) Sending unsolicited e-mail, including promotions and/or advertising of products or services; and
-(v) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup
posting.
Violation of these security rules may result in civil or criminal liability in addition to the termination of
your access rights. We will investigate occurrences which may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Privacy Policy Please review our Privacy Notice, which also
governs your visit to this Site. You are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for all activities
that occur under your account or password. If you are under 18, you may use the Site only with a parent or
guardian. Tiffany Cosmetics Inc reserves the right to refuse service, terminate accounts, remove or edit content,
or cancel orders in its sole discretion.
Communications to Tiffany Cosmetics Inc
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data,
questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.
Anything you transmit or post may be used by Tiffany Cosmetics Inc for any purpose, including but not limited to
reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Tiffany Cosmetics Inc is
free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Tiffany
Cosmetics Inc or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and
marketing products using such information.
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
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