These Terms and Conditions (Terms) govern your use of this website. Use of this website constitutes acceptance of these Terms, as may be revised by Arganissima NY Inc.(Argarnissima). (Arganissima, we, us and our) from time to time, which constitute a binding agreement between the user of the website (User, you and your) and Arganissima governing the use of the website by using, installing, accessing, or using the website, the User acknowledges and agrees they have read, understand and agree to be bound by these Terms. If you do not agree to these Terms you should uninstall and/or cease to access or use the website immediately. The website is owned by Arganissima
. Customer: Anyone who is legal who orders our products.
1. SERVICES The website provides a store platform for Customers to order various skin and hair products and more.
Customers can use the site to order various quantities.
It is Customers responsibility to check the details of the order, including product and estimated pricing, before he/she places and order.
4. Once the order is made and in progress it is binding on both Arganissima and Customers and payment will be sought for delivered products.
5. Arganissima has an obligation to proper handling and processing of all orders.
The ordered items will be delivered to the delivery Address indicated by the customer, together with the receipt for the products.
We will use our best endeavors to deliver the products within the Timeframe. If we cannot meet a deadline, we will try to agree a new Timeframe with you.
3. ELIGIBILITY AND BASIS OF USE The website may only be used by individuals aged eighteen (18) years or older. You agree to provide proof of age upon request. If a customer misrepresents its age, Any and all purchase orders and sales will be voided, orders that are already shipped will still be charged to the credit card or payment method submitted.
4. PROMOTION CODES Arganissima. may, in its sole discretion, create promotional codes that may be redeemed for Delivery credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Arganissima establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (I) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Arganissima.; (iii) may be disabled by Arganissima. at any time for any reason without liability to Arganissima.; (iv) may only be used pursuant to the specific terms that Arganissima. establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Arganissima reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Arganissima determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
5. ADDITIONAL TERMS AND CONDITIONS These Terms supplement and incorporate:
the Apple, Inc. Terms and Conditions including, without limitation, the Licensed Website End User License Agreement provided therein (Apple Terms); and
the Android, Google Inc. Terms and Conditions including, without limitation, the License Agreement and Terms of Application (Android Terms).
If any of the provisions of the Apple Terms, the Android Terms or any applicable Arganissima. Policies conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the website.
6. COPYRIGHT AND INTELLECTUAL PROPERTY 1. The Arganissima. website contains intellectual property and material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by US and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the website (collectively Arganissima. Content). Arganissima, the Arganissima. logo, and other Arganissima material used in connection with the website may be unregistered or registered trademarks (collectively Arganissima. Marks). 2. Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered Arganissima. Marks, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Arganissima. (in each case whether registered or unregistered or whether capable of registration), together with any website for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business and website trade, business company or organization names; internet domain names; and website content, Arganissima Content, images and layout. 3. You agree that, as between you and us, we own all Intellectual Property rights in the website, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the copyright which subsists in all creative and literary works displayed in the website. The website is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Arganissima or the owner of the content. 4. Other trademarks, service marks, graphics and logos used in connection with the website are the trademarks of their respective owners (collectively Third Party Marks). 5. The Intellectual Property, Arganissima Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Arganissima or the applicable trademark holder. 6. Users do not obtain any interest or license in the Intellectual Property, Arganissima Marks or Third Party Marks without the prior written permission of Arganissima. or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.
Subject to these Terms, Arganissima. grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the website for its own personal and/or non-commercial use only on a computer or mobile device (each a Device) owned or controlled by the User as permitted in accordance with these Terms (User License), and not to use the website in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.
The right to use the website is licensed to you and is not being sold to you. You have no rights in the website other than to use it in accordance with these Terms.
These Terms and User License governs any updates to, or supplements or replacements for, this website, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
is authorized to be disclosed;
is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
5. is received from a third party, except where there has been a breach of confidence; or 6. must be disclosed by law or by a regulatory authority including under subpoena. 7. The obligations under this clause will survive termination of these Terms
10. USER WARRANTIES 1. By using our website, you warrant that you possess the legal capacity and authority to enter into the Terms and to use the website in accordance with the Terms; you are at least 18 years old; any information you provide is truthful and accurate and you will maintain the accuracy of such information; your use of our website does not violate any applicable law or regulation; you will cooperate with us and provide us with information and/or clarification and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services; you will not infringe any third party rights in working with us and receiving the Services; and you will inform us if you have any concerns relating to our provision of the Services under the website with the aim that we and you will use reasonable endeavors to resolve your concerns. 2. As a condition of your use of the website, you agree to abide by the Terms; not to provide the website to any third party; that Arganissima. has the right to refuse you any and all current or future use of the website and that Arganissima. reserves the right to include or exclude entry to, or remove a User from the website. 11. ONLINE PAYMENT 1. There is no cost for using our website 2. All amounts are stated in US dollars and all purchase prices do not include Sales taxes ( where applicable sales taxes will be added at check out). 3. In the absence of fraud or mistake, all payments made are final and you shall not have the right to cancel the order or purchase for any reason and the customer agrees to satisfy all such payments made. If the customer makes a payment by credit card, it warrants that the information it provides to us is true and complete, that it is authorized to use the credit card to make the payment, that its payment will be honored by its card issuer, and that it will maintain sufficient funds in its account to cover the Fees. 4. If a customer's credit card is declined for any reason, the customer will be asked for another form of payment. If a customer fails to provide an alternative form of payment, we will attempt to charge his/her credit card each day until we receive payment in full. 5. If payment is denied and not authorized, orders will be cancelled and will not ship out.
13. ACCEPTABLE USE AND PROHIBITED USE Access or use by the User of the website and any Arganissima. Content transmitted in connection with the website is limited to the contemplated functionality. The User agrees that his or her use of the website and Arganissima Content must comply with these Terms Arganissima and the Arganissima. Policies. In no event may the website or the Arganissima. Content be used in a manner that: 1. harasses, abuses, stalks, threatens, defames or otherwise interferes, infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); 2. is unlawful, fraudulent or deceptive; 3. uses technology or other means to access the website, Website or content that is not authorized by us; 4. uses or launches any automated system, including without limitation, robots, spiders, or offline readers, to access the website, Website or Arganissima. Content; 5. attempts to or tampers with, hinders or modifies the website, attempts to introduce viruses or any other computer codes, files or programs that interrupts, destroys or limits the functionality, knowingly transmit viruses or other disabling features, damages or interferes with the website including but not limited to the use of Trojan horses, viruses, or piracy or programming routines that may damage or interfere with the website. 6. attempts to gain unauthorized access to our computer network or user accounts; 7. encourages conduct that would constitute a criminal offence, or that gives rise to civil liability; 8. violates these Terms; 9. attempts to damage, disable, overburden, or impair our servers or networks; 10. fails to comply with applicable third party Terms; or 11. facilitates or assists another person to do any of the above acts. You must not: 12. print, publish, modify, link to or distribute any content from the website or any other documentation that we provide to you, unless we have authorized you in writing; 13. breach copyright or Intellectual Property rights, including but not limited to, that you must not republish, copy, distribute, transmit or publicly display material from our website; alter or modify any of the material on the website; 14. use the website for commercial purposes; 15. collect or harvest any personally identifiable information, including phone number, from the website, nor to use the communication systems provided by the website for any commercial solicitation or spam purposes; 16. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from and or transfer information. 17. facilitate or assist another person to do any of the above acts. Any use of the website in any other manner, including, without limitation, resale, transfer, modification or distribution of the website or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the website and Arganissima. Content is prohibited. We reserve the right, in our sole discretion, to terminate any User License, remove content or assert legal action with respect to content or use of the website, that we reasonably believe is or might be in violation of these Terms or Arganissima Policies. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms. Upon termination of the Terms, we have no further obligation to you, and may cease to provide the website and Services to you. The accrued rights, obligations and remedies of the parties are not affected by the termination of the Terms.
14. AVAILABILITY AND CANCELLATION
If a product(s) has/have been ordered, shipped and delivered, and the customer does not cancel his/her Order as per cancellation policy and terms the customer will be charged for the ordered products.
Any refund or cancellations due to discrepancy or error in fulfillment of the Order can be submitted using the contact us form on the website or contact details below within 48 hours of the Order delivery.
We will use all reasonable efforts to rectify the discrepancy or error providing the products have not been opened and/or used.
After the products have been delivered and opened and/or used, the customer will not be entitled to any money back or a refund from us.
A customer may cancel his/her Order, at no cost, at any time prior to the Order shipping date. Customer may return Merchandise as follows: Products must be returned within one week of purchase and receipt of the products and be entitled to a full refund providing the product is not open and/or used and that customer submits a refund request within 48hours from delivery. For further instructions on how to return products please contact us via: firstname.lastname@example.org
All purchases of physical items are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE: Arganissima does not take title to returned products until the products arrive at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Arganissima does not take title to the refunded item.
Customers will receive full eligible Refunds are in about 2-3 weeks. Most refunds are fully refunded in 3-5 days after we receive and process your return.
Prepare and ship your returns, pack your unwanted products securely, inserting any paperwork that was included in the original package and/or any mailed to you or printed when you requested your return via email@example.com. If you don't have the original product packaging, use a sturdy box and include padding such as packing bubbles or newspaper. Attach your return label to the package.
15. CONSUMER GUARANTEE 1. Our website comes with consumer guarantees under applicable local consumer law that cannot be excluded. 2. Certain legislation, including Consumer Protection Laws, may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. 3. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent which Arganissima. are able to do so, the liability of Arganissima. and its affiliates under those provisions will be limited, at its option to the supplying of the applicable Services again; or the payment of the cost of having the applicable Services supplied again.
16. REFERRAL On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
17. INFORMATION While the information and material on the website and otherwise provided to you is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, Arganissima. accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of such information and materials. Any reliance you place on the information and materials is at your own risk. You are solely responsible for determining the suitability of any of our Services, and your reliance on any information that is provided to you through our website, Services or materials is at your own risk.
18. DISCLAIMERS 1. We provide the website to the user as is, and the user is using the website at his or her own risk. 2. To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the website and the Services are of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis (including issues arising from wireless/Wi-Fi connectivity), or that the use of the website and the Services by the User is in compliance with laws applicable to the User or that User Information transmitted in connection with the website and the Services (including as part of online payment) will be successfully, accurately or securely transmitted. 3. We make no warranties or representations, express or implied, accuracy, quality, completeness or existence of the content and information in the website, technical accessibility, fitness or flawlessness of the website, or that your use of the website will not infringe rights of third parties.
19. LIMITATION OF LIABILITY 1. As a condition of using the website, and in consideration of the website provided by us, we exclude and you agree to the fullest extent allowable under applicable law, in no event shall Arganissima and its parent or related bodies corporate (I) be liable to the User or any third party with respect to use of the website or the Services, including without limitation participation in online payment; and (ii) be liable to the User or any third party for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss of earnings, loss of business opportunities, loss, theft or corruption of user information, the inability to use the website or access its Account or the Services or device failure or malfunction, however arising (including negligence) or otherwise arising in connection with:
1. the use of the website by you, including but not limited to damages resulting from or arising from your reliance on the website, or the interruptions, errors, defects, delays in operation or other conduct by third parties, or any failure of performance of the site;
2. any unauthorized access to or use of our secure servers and /or any personal information or financial information stored therein;
3. any errors or omissions in any content posted, emailed, transmitted or otherwise made available or any offensive, defamatory or illegal content;
4. the disclosure of any of your information;
5. the breach, or alleged breach, of any warranty, express or implied, relating to these Terms or any transaction; or
6. Government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond our reasonable control.
2. To the fullest extent allowable under applicable law, the User’s sole remedy is to cease use of the website or to cease participation in online payment. 3. To the fullest extent allowable under applicable law, (but subject to the maximum extent permitted by applicable law) the maximum aggregate liability of Arganissima and its parent or other affiliated companies to a user, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the website, is the amount that the User pays, if any, toArganissima for access to or use of the website during the six months period immediately prior to the event giving rise to such liability. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Arganissima. 20. INDEMNIFICATION 1. By using the website, you agree to defend and indemnify Arganissima. harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to the website; any breach by you of these Terms; any willful, unlawful or negligent act or omission by you; any information that is not accurate, up to date or complete or is misleading or a misrepresentation; any misuse of the Services or the website from or by you; and any violation by you of any applicable laws or the rights of any third party. 2. This indemnification obligation will survive these Terms and your use of the website. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
21. FEEDBACK AND DISPUTES 1. Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the website; 2. Our producst, please contact us at: firstname.lastname@example.org. 3. If there is a dispute between you and us in relation to these Terms, we agree to the following dispute resolution procedure: 4. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. You and we agree to meet in good faith to seek to resolve the dispute by agreement between you and us (Initial Meeting). 5. If you and we cannot agree how to resolve the dispute at the Initial Meeting, either of us may refer the matter to a mediator. If you and we cannot agree on who the mediator should be, the complainant will ask the Local better business bureau to appoint a mediator. The mediator will decide the time and place for mediation. You and we must attend the mediation in good faith, to seek to resolve the dispute. 6. Any attempts made by you and us to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of you and us under these Terms, by law or in equity.
22. GENERAL Privacy: We agree to comply with the legal requirements and all applicable Federal, State and City laws of the United States as well as any rules and regulations or any other applicable legislation or privacy guidelines. Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorized copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer. Sales Taxes: If and when applicable, Sales Taxes payable on the Services will be set out on our invoices. By accepting these Terms, you agree to pay us an amount equivalent to the Sales Taxes imposed on these charges. Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee. where the context permits, a reference to Arganissima. includes its employees, agents, contractors, manufacturers, distributors, directors, officers and related bodies corporate. Assignment: These Terms are personal to you and us. Neither you nor us may assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other party (such consent not to be unreasonably withheld). Force Majeure: Neither you nor we will be liable for any delay or failure to perform our respective obligations under these Terms if such delay is due to any circumstance beyond our respective reasonable control. Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other Party. Amendments: Arganissima reserves the right to amend, change or modify these Terms or any other Arganissima Policies related to use of the website at any time and at its sole discretion by posting revisions on the Website. Continued use of the website following the posting of these changes or modifications will constitute acceptance of such changes or modifications. If any change or modification is unacceptable to you, you can choose to cease to use our website. Governing Law and Jurisdiction: This website is governed by the business laws of the united states of America. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the US courts. Severability: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect. Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the entire understanding between the parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the parties has relied entirely on its own enquiries before entering into the Terms.
For any questions or notice, please contact us at: Arganissima New York: email@example.com Last update: 10/01/2022