Terms and Conditions:
Agreement between user and smartcosmetico.com
Welcome to smartcosmetico.com. The smartcosmetico.com website (the “Site”) is comprised of various web pages operated by Smart Cosmetics, Inc. (“Smart Cosmetics”). smartcosmetico.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of smartcosmetico.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
smartcosmetico.com is a Cosmetic and E-Commerce Site:
Smart Cosmetics, Inc. is a company specializing in innovative organic body care products. The cosmetic products are Organic and cleverly combined with natural essential oils including Frankincense and Myrrh to create a highly effective range of products that have at least 70% Organic ingredients.
Privacy:
Your use of smartcosmetico.com is subject to Smart Cosmetics’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications:
Visiting smartcosmetico.com or sending emails to Smart Cosmetics constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account:
If you use 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Smart Cosmetics is not responsible for third party access to your account that results from theft or misappropriation of your account. Smart Cosmetics and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Risk of Loss: All items purchased from Company 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.
Worldwide and North America Shipping policy:
Our shipments are made by United States Post Services(USPS) and we deliver to North America and worldwide, shipping costs are charged depending on the destination country. For North America all orders equal $50.00 or more, we ship for free. Shipments outside of North America are also made via USPS and shipping rates will be applied by the USPS. Minimum international shipping charges are $25.00 plus shipping and handling. It is possible that your country will charge additional taxes and fees on shipped products. It is your responsibility to cover and manage the release order. If the release was not performed by you, it is no longer our responsibility. It is important to lookout for shipments because we only make two delivery attempts in case you can not deliver in the first try, leave us a note so you’re on the lookout the next day or call us to confirm the status.
Shipments are made via third party companies, they are responsible for delivery times and, although Smart Cosmetics always try to make it as fast as possible, the delivery commitment is unsecured because we depend on delivery companies, if there is any repayment by the courier company because the client was not found, the client will have to pay a new shipping charge for their products.
2. Payments and Terms of use:
Smart Cosmetics first check that the payment is applied either by major credit cards, PAYPAL or bank. We accept all major credit cards; pay pal, Amazon card, checks and direct money bank transfer. Smart Cosmetics does not keep information from your credit or debit card and all transactions with them. We keep your personal information secure that you give us as Name, Email, Address etc.
3. Returns and Exchanges
The Smart Cosmetics offer its customers quality products, striving for perfection. To maintain the credibility, we always achieve customer satisfaction. We follow rules of exchange and return.
See some important information below regarding this subject:
The Smart Cosmetics want to keep a close relationship to you and facilitate the most of your request. Therefore, all instances involving exchange and return must be reported to the Central Customer Service by email or phone. After your contact and you get our approval for the return you can ship the product to our exchange sector.
We refuse receipt of the product if any of the assumptions fall:
• Open or damaged packaging;
• Product damaged, leaked;
• Product outside the application;
• Lack of accessories;
• Amount at odds with the purchase.
Return by repentance / withdrawal:
To return a product for repentance, the following conditions must be met: The deadline to withdraw from the purchase date of the product is up to 30 calendar days from the date of receipt. The request for exchange must be reported to our Customer Service Center by e-mail, or by calling.
After your contact, Smart Cosmetics must approve to receive the product from the same place where it was delivered. The product must be delivered, fulfilling the following requirements:
• The product should be sent in complete and original packaging.
• The product must not have any evidence of use.
• The product should not present violation of the original manufacturer’s seal.
• The copy of the invoice delivered with product must accompany the product.
If products are returned unused with original package, they must use less shipping and handling charges. In product returns by reason of withdrawal / repentance, it is essential that the product has not been opened.
Return by product damage
The request for exchange must be reported to our Customer Service Center within thirty calendar days from the date of receipt of the product. The product must be delivered, fulfilling the following requirements:
• The product should be sent in complete and original packaging.
• The product must not show signs of misuse.
All products will be analyzed by Smart Cosmetics, within thirty (30) calendar days. The customer service representatives will contact you informing about the possibilities of exchange, if it finds the claimed defect.
In the analysis, if it has above conditions been breached in the exchange request, the claimed products will be returned to you in the same condition as they were returned, with no right to replacement.
In the product claims for defect reason, it is essential that the product does not present traces of misuse.
The criteria for an exchange for manufacturing defects to be refused are:
• Absence of defect (not finding the targeted damage).
• Evidence of improper use of the product.
• Evidence of accidental damage.
Getting your money back:
The Smart Cosmetics will make the refund of amounts paid less shipping and handling in two weeks using the same payment method chosen in the purchasing process:
If the purchase was made by credit card, Smart Cosmetics will request the cancellation of your order to the financial administrator.
The period in which the reversal occurs on your invoice card or your checking account, will depend on the procedures of each bank or credit card company.
The Smart Cosmetics exempt from the obligation to cancel or repairing any product which wear or misuse of evidence.
You accept these terms by using our services and also to make your purchase with us.
Our contact information:
Smart Cosmetics does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use smartcosmetico.com only with permission of a parent or guardian.
Links to third party sites/Third party services:
smartcosmetico.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Smart Cosmetics and Smart Cosmetics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Smart Cosmetics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Smart Cosmetics of the site or any association with its operators.
Certain services made available via smartcosmetico.com is delivered by third party sites and organizations. By using any product, service or functionality originating from the smartcosmetico.com domain, you hereby acknowledge and consent that Smart Cosmetics may share such information and data with any third party with whom Smart Cosmetics has a contractual relationship to provide the requested product, service or functionality on behalf of smartcosmetico.com users and customers.
No unlawful or prohibited use/Intellectual Property:
You are granted a non-exclusive, non-transferable, revocable license to access and use smartcosmetico.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Smart Cosmetics, Inc. That you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Smart Cosmetics or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Smart Cosmetics content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Smart Cosmetics and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Smart Cosmetics,inc. Or our licensors except as expressly authorized by these Terms.
Use of communication services:
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Smart Cosmetics has no obligation to monitor the Communication Services. However, Smart Cosmetics reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Smart Cosmetics reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Smart Cosmetics reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Smart Cosmetics’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Smart Cosmetics does not control or endorse the content, messages or information found in any Communication Service and, therefore, Smart Cosmetics specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Smart Cosmetics spokespersons, and their views do not necessarily reflect those of Smart Cosmetics.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to smartcosmetico.com or posted on any Smart Cosmetics web page:
Smart Cosmetics does not claim ownership of the materials you provide to smartcosmetico.com (including feedback and suggestions) or post, upload, input or submit to any Smart Cosmetics Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Smart Cosmetics, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Smart Cosmetics is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Smart Cosmetics’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users:
The Service is controlled, operated and administered by Smart Cosmetics from our offices within United States and elsewhere. If you access the Service from a location outside United States, you are responsible for compliance with all local laws. You agree that you will not use the Smart Cosmetics Content accessed through smartcosmetico.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification:
You agree to indemnify, defend and hold harmless Smart Cosmetics, Inc. Its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Smart Cosmetics, Inc. Reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Smart Cosmetics in asserting any available defenses.
Arbitration:
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver:
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agrees otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability disclaimer:
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SMARTCOSMETICO.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SMARTCOSMETICO.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SMARTCOSMETICO.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTCOSMETICO.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SMARTCOSMETICO.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction:
Smart Cosmetics reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smart Cosmetics,Inc. As a result of this agreement or use of the Site. Smart Cosmetics’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Smart Cosmetics’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Smart Cosmetics with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Smart Cosmetics with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Smart Cosmetics with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms:
Smart Cosmetics,Inc. Reserves the right, in its sole discretion, to change the Terms under which smartcosmetico.com is offered. The most current version of the Terms will supersede all previous versions. Smart Cosmetics encourages you to periodically review the Terms to stay informed of our updates.
Contact Us:
Smart Cosmetics, Inc. Welcomes your questions or comments regarding the Terms. Questions about the Terms of Service should be sent to us at our website or at our mailing address:
Smart Cosmetics, Inc.
6258 S Pulaski Rd
Chicago, IL 60629
United States
Effective as of January-5-15
