Terms & Conditions
BY VISITING www.spunkcosmetics.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW
The terms “we,” “us,” and “our” refer to SPUNK COSMETICS, LLC. The term the “Sites” refers to www.spunkcosmetics.com and on SPUNK COSMETICS social media sites such as: Facebook, Instagram, Twitter etc. (collectively, the “Sites”). The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
PRODUCTS AND SERVICES
SPUNK COSMETICS site is an online store for cosmetic products. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. You may not sell or resell any of products or services you purchase or otherwise receive from SPUNK COSMETICS. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where SPUNK COSMETICS in its sole discretion, believes may result in the violation of these Terms and Conditions. Prices for our products are subject to change without notice.
Use of www.spunkcosmetics.com, including all materials presented herein and all online services provided by SPUNK COSMETICS, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to products and other information are subject to change. SPUNK COSMETICS reserves the right to update or modify these Terms and Conditions at any time. When changes are made, we will make the revised version available on this webpage, and will update the “Last Updated” date, copied below. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from SPUNK COSMETICS, or otherwise use the Sites. By using these Sites, you agree to be bound by the Terms and Conditions posted on the Sites at the time of your access. SPUNK COSMETICS makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. SPUNK COSMETICS disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to SPUNK COSMETICS will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. You agree to provide complete, accurate information for all orders made at our store. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, so that order can be processed correctly.
It is your responsibility to verify that all information is accurate before finalizing your order. If you provide an incorrect address or any information at checkout, SPUNK COSMETICS, is not responsible for products delivered to the wrong address and we will not grant a refund. However, if you realize that you entered the wrong address, you can email us at info@spunkcosmetics.com with the correct shipping address before your order is shipped.
CANCELLATIONS, REFUNDS, & RETURNS POLICY
CANCELLATION POLICY
All purchases are final. You cannot cancel or modify your order. Once your order is placed, we will not cancel any pending orders.
REFUNDS AND RETURNS
All purchases are final. We do not accept any returns of any cosmetic or accessories due to hygienic reasons. SPUNK COSMETICS, reserves the right to refuse all returns. If you have received any damaged/defective product(s), you must contact us via email within two days (48 hours) of receiving the damaged products. You must take a photo of the damaged item(s), along with the packaging slip. Once we review your issue, we will contact you with instructions on how to return the damaged/defective item(s). Please send all inquiries to: info@spunkcosmetics.com.
SHIPPING POLICY
All delivery times are estimated from the time your order leaves our processing center of our store.
PLEASE NOTE: SPUNK COSMETICS, are not liable for lost or stolen packages.
Processing Time: Please allow 1-3 business days for processing. Times may vary due to the issues relating to COVID-19.
General Shipping: Please allow 3-5 business days after your order is processed. After your order is processed, your items will be shipped.
High Volume Sales: Please allow a minimum of (5-10) business days from the date of purchase for orders to be processed and shipped.
SPUNK COSMETICS is not responsible for re-shipping costs if the package(s) are returned to us due to multiple failed delivery attempts by the shipping carrier or if the customer refuses to accept the package(s).
DOMESTIC (States within the U.S.) Delivery may vary due to issues relating to COVID-19.
- Standard delivery- Shipping 3-5 days
- Expedited 2 Day delivery (when available)- Shipping 2 days
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. The actual colors you see may vary depending on your monitor, screen resolution, and more. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the materials, and that the use or display of the materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to SPUNK COSMETICS. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to SPUNK COSMETICS remains yours to the extent that you have any legal claims therein. You agree to hold SPUNK COSMETICS harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by SPUNK COSMETICS, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SPUNK COSMETICS IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SPUNK COSMETICS HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SPUNK COSMETICS CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM SPUNK COSMETICS, AND IF NO PURCHASE HAS BEEN MADE BY YOU SPUNK COSMETICS CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD-PARTY RESOURCES
The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with SPUNK COSMETICS. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claims or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and SPUNK COSMETICS pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by SPUNK COSMETICS, shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by SPUNK COSMETICS.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: SpunkCosmetics@outlook.com
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Arkansas as applied to contracts that are executed and performed entirely in Arkansas. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Jefferson County, Arkansas. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: JULY 2020