HOLLYWOOD GLAM LUX LLC
TERMS OF SERVICE EFFECTIVE DATE: __11/25/2021__
The following Terms of Service agreement (Terms of Service) is an agreement between you and Hollywood Glam Lux LLC (Hollywood Glam Lux™).
It details the terms and conditions of your access and use of our website (Website) and/or any purchases of our magnetic eyelashes, magnetic eyeliners, and any other product available through the Website (collectively, our Services).
You are expected to read and understand these Terms of Service before you purchase any item from us. If you access the Website and offer to purchase from us, we will imply that you have read and agreed to these Terms of Service. If this is not the case, or if you do not agree to any portion in these Terms of Service, you may not use our Website or purchase from us.
If after you have read these Terms of Service, you have any questions, issues, concerns, queries, feedback, suggestions, or ideas, you are free to contact us via the Contact Us section of the Website or by directly emailing us at firstname.lastname@example.org
Who may purchase from us?
You should not attempt to provide personal information to or purchase from us if you are below 18 years of age (or below the age of majority in your location). Our Services are directed at persons who have attained the age of majority in their location, and such persons must be able to form a legally binding agreement. If we find out you are a minor, we reserve the right to terminate your order or access to the Website without liability.
Likewise, you may not use our Services with inaccurate or borrowed personal information. You also may not purchase from us or access the Website if your use goes against any applicable law. By using our Services, you warrant to us that the information provided is accurate and valid and that your use of our Services does not go against any applicable law, statute, rule, or regulation.
When you use our Services, including when you contact us via the Website, our email address, or messages, you are engaging in electronic communications with us. In turn, we may send you notices, updates, and information via the Website, your email address, phone number, our agreements, and other means used by us. When we communicate electronically, you agree that any notice we furnish you (for example, these Terms of Service) shall satisfy any legal requirement.
If you create an account on the Website and submit personal information to us, such as your email address, name, phone number, and other information required in the form provided, you represent and warrant that such information is accurate, complete, and correct and that you are not impersonating any third-party. If you refuse to provide accurate information or impersonate a third-party, you will be responsible for any loss or liability incurred. You also agree always to update your information (via your account area) if the need arises and keep your details confidential at all times.
You agree that you will be responsible for activities that occur under the account created for you on the Website. You agree always to notify us if you perceive that unauthorized persons have access to your account. We will not be responsible for any loss incurred from your failure to abide by this paragraph.
Our intellectual property rights and limited license
Intellectual property rights. The content on the Website (apart from those belonging to third parties), including, without limitation, the images, texts, product descriptions, audios, videos, logos, designs, source codes, software, and functionality (“Website Content”) and the trademarks and service marks are owned and licensed to Hollywood Glam Lux™. They are subject to copyright and other intellectual property rights in the United States (US) and international conventions.
Trademarks. The logos, designs, button icons, page headers, graphics, scripts, and service names are registered trademarks, common law trademarks, and trade dress of Hollywood Glam Lux™ in the US and other locations. You may not use the Hollywood Glam Lux™ trademarks or trade dress, including as part of domain names, with any other product or service that may cause confusion. You may also not copy, imitate, use, or duplicate any Hollywood Glam Lux™ trademarks (in whole or part) without written approval from Hollywood Glam Lux™.
License grant. Subject to your compliance with these Terms of Service, Hollywood Glam Lux™ hereby grants you a limited, royalty-free, non-exclusive, non-assignable, non-sublicensable, and revocable license to access and use the Website and our Services for the purposes described in these Terms of Services and on the Website. If you violate these Terms of Service, such as but not limited to downloading (other than page caching) or modifying any part of the Website, then we reserve the right to terminate the license granted to you. Unless we provide you with written approval, we do not permit you to reproduce, perform, display, prepare derivative works, distribute copies, or use our Website or any of the Website Content (described below) for commercial purposes. We reserve all rights not granted to you under these Terms of Service. We may terminate this license if you violate this paragraph.
Some parts of the Website may allow you to submit user-generated content, such as comments, reviews, and other materials – so long such user-generated content is not illegal, privacy-invasive, obscene, defamatory, threatening, IP-infringing, or unethical; does not contain any harmful program or software, including without limitation viruses, trojan horses, and bugs; and does not contain any commercial solicitation, including chain letters, political campaigns, Ponzi schemes, affiliate links, and other forms of spam or unsolicited electronic messages. We reserve the right, but not the obligation, to remove or edit any user-generated content that goes against any ethical standards.
By submitting any user-generated content on the Website, you hereby grant Hollywood Glam Lux™ a non-exclusive, irrevocable, royalty-free, perpetual, and fully sublicensable license and right to host, post, use, modify, reproduce, publish, translate, perform, distribute, create derivative works, incorporate into other works, market with, and display such user-generated content on any platform, media, or channel available to us now or to be developed later.
You hereby warrant to us that you own the copyright and other IP rights (or that you have the permission) to submit any user-generated content to us and that you agree to indemnify Hollywood Glam Lux™ for any and all claims arising from any user-generated content you submit to us. We will not be liable to you or third-party for any user-generated content you submit to us through the Website.
Offer and acceptance. When you submit an order request via the Website, you are making an offer to purchase the item(s) in your order. We will respond with an email notice of the items, specifications, fees, and other necessary details applicable to your order. This does not mean that we have accepted your offer to purchase from us. Your offer to purchase the item(s) in your order will be accepted when we charge your payment method and dispatch the order, which will be indicated by an order confirmation notice to your account-associated email address (or the email address submitted on the order checkout page). We reserve the right to refuse your offer, including in the event of any restriction in terms of shipping location, payment method, or unavailability of an item.
Order confirmation and cancellation. We expect you to review the order request email sent to you and verify if the items and specifications are correct. If they are not, you must notify us immediately or cancel the order within 2 hours of placement. If we do not receive any cancellation request within 2 hours, we will process and ship your order, and cancellation will not be available to you at that point.
Pricing and fees. All our items are listed in their respective prices in the United States Dollars (USD) and are exclusive of the relevant tax, shipping fees, customs duties, bank charges, and other handling fees. The applicable shipping and other fees will be calculated and added to your order on the order checkout page. For the avoidance of doubt, the total amount to be paid will be the “total fees” displayed on the checkout page. We reserve the right to increase our product prices at any time. Any increment made will not affect any order you have paid for.
Payments. You may only pay for your order via any accepted payment methods listed on the Website. This may include, without limitation, PayPal or any credit/debit cards supported by Stripe or Shopify. Payments are due upon us issuing you with the applicable invoice. By providing your payment method, you warrant that you have the authority to use it and that you have sufficient funds to cover your fees. You also permit us to charge the applicable fees from your payment method.
Shipping and delivery. Upon receiving the full payment of your order, we will immediately process and ship your order within 24 hours to the shipping address you provide (we will not be responsible for any wrong delivery if the shipping address you provide is inaccurate). Orders are shipped via UPS or DHL, depending on the most suitable option. The applicable shipping fees and estimated delivery date will be calculated and shown to you on the order checkout page. The shipping fees are calculated based on your shipping distance, order weight, etc. If you need more information regarding shipping or you have any shipping issues, please reach out to us at email@example.com
Title and risk of loss. Upon the successfully delivering your order to the applicable shipping carrier, the title and risk of loss automatically pass to you. We will not be liable for any loss afterward.
Returns, refunds, and exchanges. All sales are final. We do not accept returns or provide refunds or exchanges if you simply change your mind. You may only return an order (or an item in your order) if the item delivered is the wrong one, it has a defect, or is damaged. For an item to be eligible for a return, refund, or exchange, you must notify us within 14 days after order delivery. To request a return or refund, please email us at firstname.lastname@example.org with a picture of the damaged, wrong, or faulty item. We will inspect it and contact you via your email address if it qualifies. If you are entitled to a refund, the amount to be refunded will be the product amount only. Refunds do not cover any original shipping fees.
Customs duties. If you order from us from locations outside the US, you may be subject to customs duties imposed by the government of your shipping country. If this applies to you, we are not responsible for such fees. To calculate the applicable customs duties, please click here.
Errors, inaccuracies, and omissions
The Website and parts of our Services may sometimes contain typo errors, inaccuracies, and omissions subject to our pricing, product descriptions, fees, and availability. If such happens, we have the right to correct such errors, inaccuracies, or omissions, including if it involves canceling an order you already submitted. In that case, you will have the option to cancel your order or go by the updated information.
Disclaimers, limitation of liabilities, and indemnity
Disclaimers. Hollywood Glam Lux™ provides the Website, Services, Website Content, and products on “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind thereof, whether express or implied in relation to the Website, our Services, the Website Content, and products, unless otherwise specified in writing. You hereby agree that your use of our Services is at your sole risk. We disclaim any and all warranties of any kind, including without limitation, the warranties of merchantability, fitness for a purpose, title, and non-infringement.
We do not warrant to you that our Services, the Website, or products will operate uninterrupted, error-free, or reliable, or that any communication sent to you will not contain bugs, viruses, trojan horses, or other harmful software. We do not warrant to you that personal information about you is 100% secure or that our Services will at all times be reliable, current, or accurate.
Limitation of liability. To the fullest extent any applicable law permits, Hollywood Glam Lux™ (or any of its employees, affiliates, partners, suppliers, employees, director, or agents) will not be liable to you or any third-party for any damages or losses arising out of or related to your use of the Website, its Services, Website Content, and products, whether such damages or losses are direct, indirect, punitive, accidental, or consequential, including without limitation, damages of loss of profit, revenue, data, time, goodwill, or other intangible losses, whether based on contract or tort – even if we have been advised or have foresaw the damages happening.
Indemnity. You hereby agree to indemnify, defend, and hold Hollywood Glam Lux™ (its affiliates, agents, partners, suppliers, employees, directors, etc.) harmless from and against any claims, disputes, losses, demands, damages, and expenses (including reasonable legal fees) made by any third-party In relation to your use of the Website, our Services, any Website Content, or any items or products available through the Website; your submitted user-generated content; or your breach of these Terms of Service, any applicable law, or third-party rights.
Term and termination
Term. These Terms of Service shall commence upon your access of the Website, and it shall continue in perpetuity unless your use is terminated by you or us.
Termination. You may terminate these Terms of Service by deleting your user account (if you have one) or by ceasing to use the Website. We may, in our sole discretion and judgment, terminate your use of our Services if we believe that your use goes against any portion of these Terms of Service. If these Terms of Service is terminated, any obligations or liabilities by you or us prior to termination shall survive the termination (unless otherwise specified in writing).
Governing law. You hereby agree that these Terms of Service and the entire Hollywood Glam Lux™ operation shall be governed by and construed in accordance with the laws of the state of Delaware, US, without regard to conflict of law provisions. For any dispute not settled by binding arbitration (described below), you agree not to commence any action other than in the courts located in the State of Delaware, US.
and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Hollywood Glam Lux™ will pay all arbitration fees and expenses. You may decide to arbitrate by telephone, in writing or submission of documents, or in person in the county you live or other mutually agreed to location. Except as otherwise provided in these Terms of Service, either party may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, or enter judgment on the award entered by the arbitrat.
Binding arbitration. Unless otherwise found by a competent court, any and all disputes in relation to the entire Hollywood Glam Lux™ operation, including the products sold through the Website, shall be resolved by binding arbitration, rather than in court – except that you may assert claims in small court if your claims qualify. The decision to arbitrate may be initiated by either party, and it shall be binding on the other party. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Application (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (AAA Consumer Rules), which are both available on the AAA website www.adr.org or by calling 1-800-778-7879. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules or.
Restrictions. You hereby agree that arbitration shall be limited to the dispute individually between you and Hollywood Glam Lux™. To the fullest extent permitted by applicable law, (i) no arbitration shall be joined with another, (ii) no dispute shall be arbitrated on a class action basis or utilize class action procedures, and (iii) no dispute shall be brought in a purported representative capacity on behalf of the general public or other persons.
Exceptions to arbitration. You hereby agree that the following disputes are not subject to arbitration:
1.Any dispute seeking to enforce or protect, or concerning the validity of any of you or our intellectual property rights;
2.any dispute related to, or arising from the allegations of theft, piracy, invasion of privacy, or unauthorized use; and
3.any claim from injunctive relief.
If this section is found to be unenforceable, then, neither you nor us will elect to arbitrate any dispute falling within that portion of this section found to be unenforceable, and such dispute shall be decided by a court of competent jurisdiction subject to the governing law and jurisdiction above.
Certain pages, articles, or content on the Website may contain third-party links that may be embedded for reference purposes. If you access any third-party links and use the services of the respective owners of such links, you do so at your sole risk. These links are not controlled by Hollywood Glam Lux™, nor are they governed by these Terms of Service. We implore you to review their terms of services and privacy practices before using their services or submitting personal information to them.
Changes to these Terms of Service
We may occasionally update or change certain parts of these Terms of Service if the need arises. We may update such parts for reasons such as changes in applicable laws, features of the Website, or our products. If you hold a user account with us, we may send you notifications of any updates to your email address. Generally, we will post any changes on this page and change the Effective Date above to indicate the date of changes. You are required to review this page for any updates to these Terms of Service. By your continued use of our Services after any updates to these Terms of Service, you consent to the updates made.
Entire agreement. These Terms of Service (including the other agreements on the Website) represent the entire agreement between you and Hollywood Glam Lux™ in relation to the Website and your use of our Services. These Terms of Service (and the other agreements on the Website) supersede all other agreements, understanding, promises, or covenants that may have been made between you and Hollywood Glam Lux™ -- whether orally or in writing – prior to them in relation to the subject matter.
Severability. If any portion of these Terms of Service is found to be unenforceable or invalid, such a portion shall be deemed severable (or editable to be valid), and it shall not affect the enforceability or validity of the remaining portions.
Assignment. Hollywood Glam Lux™ reserves the right to assign its obligations under these Terms of Service to third-party service providers in the furtherance of its Services. You, on the other hand, may not assign your rights under these Terms of Service to third parties unless otherwise provided under these Terms of Service or unless approved in writing.
Force majeure. We may fail or delay in providing the Services (including not delivering your orders at the estimated time) at some point due to circumstances beyond our control, which may include, without limitation, pandemics (COVID-19), server downtime, civil unrests, government actions, wars, riots, system failures, and acts of God. In this case, we will not be liable for any liabilities or losses suffered.
Waiver. If we fail to exercise or enforce our rights at some point over your breach of these Terms of Service, it shall not serve as a waiver of such rights at a later time or on similar or subsequent violations. No waiver shall be binding unless it’s in writing.
Schedule 1. Terms and Conditions
1. You are shopping on a merchant’s website (the “Merchant”).
2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.
3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:
3.1 You are dealing with and providing your information to Passport. Passport may contact you about your order.
3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.
3.3 The Merchant remains responsible for handling payment for your order.
3.4 Once your payment is processed, ownership in the items will shift from Passport, to you.
3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.
3.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.
3.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.
3.8 You authorise Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorised.
4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.
5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.
6. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.
7. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.
8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.
9. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:
9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.
9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.
9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions .
9.5 Severability. If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.
9.6 Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.
9.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.
9.8 Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:
(A) It is an order for Product or Products placed via the Merchant’s website which are to be transported from:
(i) a third country or territory, excluding Northern Ireland (“NI”), to an address in a Member State of the EU (e.g. USA to France);
(ii) a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g. Germany to England); or
(iii) a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and
(B) In relation to the transport of a Product or Products to an address:
(i) in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and
(ii) in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.