SHOPPING TERMS AND CONDITIONS
Thank you for placing your order with us! The following terms and conditions (the “Shopping Terms”) apply to the purchase and sale of products and services through www.CamilleConti.com and https://www.naturalimagecare.com/ (collectively, the “Website“). Please read them carefully.
By placing an order for products or services from this website, you agree to be bound by the Shopping Terms. You affirm that you are of legal age or have the legal authority to act on behalf of a person or entity to accept the Shopping Terms.
The Shopping Terms are subject to change by Natural Image Care, LLC (referred to as “us“, “we“, “our“, or the “Company”) without prior written notice at any time, at our sole discretion. You should review these Shopping Terms prior to purchasing any product or services that are available through this Website. Your continued use of this Website after will constitute your acceptance of and agreement to such updated Shopping Terms.
Order Acceptance and Cancellation. You agree that your order is an offer to buy the products and services listed in your order. Your orders must be accepted by us or we will not be obligated to sell the products or services to you.
Prices and Payment Terms.
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer promotions from time to time. If there is a conflict between the terms for a promotion and these Shopping Terms, the promotion terms will govern.
The payment terms are within our sole discretion. We accept credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Orders are processed, on average, within one (1) to two (2) business days, and then are scheduled for shipment. The average transit times for U.S. orders is three (3) to five (5) business days. The average transit times for international orders, including orders to Canada, is seven (7) to fourteen (14) business days. If an item is on backorder, you will be notified if the delivery time will be longer than average, and you will have the option to exchange the product for another item of equal value or wait for it to arrive within the new estimated amount of time we provide.
You may be eligible for shipping promotions, subject to change by us:
The purchase price for shipping is calculated by the aggregated purchase price of the products in your shopping cart after any discount or promotion code is applied. For instance, if you have $60 in merchandise in your cart and use a 25% off discount code, then the purchase price is $45, not the $60 you spend before the discount is applied.
We may provide further options for free shipping during promotions. However, unless otherwise stated on the Website, you will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. There are circumstances that are out of our control (natural disasters, holidays, weather, etc.) that may cause shipping postponements. As such, we are not liable for any delays in shipments that our carriers may experience.
Returns and Refunds.
Except for any products designated as non-returnable on the Website, orders may be returned for a refund of your purchase price, less the original shipping and handling costs, provided that you meet all of the following conditions:
Any return must be made within thirty (30) days of receipt of your order with valid proof of purchase and such products must be returned in their original condition.
To return products, you must contact us by phone or email to obtain a return authorization (“RA“) number. Such RA number must be placed on the outside of the return package. No returns of any type will be accepted without an RA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment.
We will notify you via email of your refund once we have received and processed the returned item in accordance with you obtaining an RA number. You can expect a refund in the same form of payment originally used for purchase within approximately seven (7) to fourteen (14) business days of our receiving your return.
Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Website. We do not provide any warranties with respect to the products or services offered on our Website. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Shopping Terms, for any failure or delay in our performance under these Shopping Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Dispute Resolution and Binding Arbitration.
YOU AND THE COMPANY AGREE TO WAIVE YOUR RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this 10 (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section. The laws of the State of New York shall apply, without regard to such state’s conflict of laws provisions.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
No Third-Party Beneficiaries. The Shopping Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under the Shopping Terms, you must contact us as follows: (i) by email directed to firstname.lastname@example.org; or (ii) by personal delivery, overnight courier, or registered or certified mail to the Company at the address provided on “Contact Us” page of the Website. We may update the email or address for notices to us by posting a notice on the Website. Notices provided by email or personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.