TERMS OF USE

Last updated September 13, 2020

ACCEPTANCE OF THE TERMS

These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an entity (“you”), and Meteorite Sp. z o.o., operating as Wyprzedaż Beauty PL (“Beauty PL Sale“,“ We “, ” us “or” ” our ”), regarding your access to and use ofhttps://www.beautysale.plthe website, as well as any other forms of media, media channels, mobile website, or mobile application related to, linked to, or otherwise connected with it (collectively referred to as the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to comply with all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY CEASE DOING SO.

Any additional terms or documents that may be published on the Website from time to time are hereby expressly incorporated into this document by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of any such change. It is your responsibility to review these Terms of Use periodically to stay informed of any updates. You will be bound by any amended Terms of Use, and you will be deemed to have been notified of changes to any amended Terms of Use by your continued use of the Site after the date the amended Terms of Use are posted.

The information contained on the Website is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would require us to register in such jurisdiction or country. . Accordingly, individuals who choose to access the Website from other locations do so on their own initiative and are solely responsible for complying with local laws, if and to the extent that they apply.

This website is not designed to comply with industry regulations (such as the Health Insurance Portability and Accountability Act (HIPAA) and the Federal Information Security Management Act (FISMA)), so if your interactions are subject to such regulations, you may not use this website. You are prohibited from using the Site in any manner that would violate the Gramm-Leach-Bliley Act (GLBA).

This Website is intended for users who are at least 18 years old. Individuals under the age of 18 may not use this Website or register on it.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Website is our property, and all source code, databases, functionality, software, website designs, audio, video, text, photos, and graphics on the Website (collectively, “Content”), as well as the trademarks, service marks, and logos contained therein (“Marks”) are owned by us, controlled by us, or licensed to us, and are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws of the United States, international copyright law, and international conventions. The Content and Marks are provided on the Site “AS IS” solely for informational purposes and for your personal use. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,

Provided that you are authorized to use the Site, you are granted a limited license to access and use the Site and to download or print copies of any portion of the Content to which you have properly gained access, solely for your personal, noncommercial use. We reserve all rights not expressly granted to you with respect to the Site, the Content, and the Marks.

USER STATEMENTS

By using the Website, you represent and warrant that: ( 1 ) all registration information submitted will be true, accurate, current, and complete; ( 2 ) you will maintain the accuracy of such information and promptly update such registration information as necessary; ( 3 ) you have the legal capacity and agree to comply with these Terms of Use; ( 4 ) you are not a minor in the jurisdiction where you reside; (5 ) you will not access the Website in an automated or non-human manner, whether through a bot, script, or any other means; ( 6 ) you will not use the Site for any illegal or unauthorized purpose; and ( 7 ) your use of the Website will not violate any applicable laws or regulations.

If you provide any information that is false, inaccurate, out of date or incomplete, we have the right to suspend or close your account and refuse any current or future use of the Site (or any part of it).

USER REGISTRATION

Registration on the Site may be required. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change any username if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PRODUCTS

We make every effort to display the colors, features, specifications, and details of the products available on the Website as accurately as possible. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, up-to-date, or free from other errors, and electronic displays may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that products will be in stock. We reserve the right to discontinue the sale of any products at any time for any reason. Prices for all products are subject to change.

PURCHASING AND PAYMENT

We accept the following payment methods:

– Visa

– MasterCard

– American Express

– Discover

– PayPal

– Stripe

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site. In addition, you agree to promptly update your account and payment information, including your email address, payment method, and credit card expiration date, so that we can process your transactions and contact you as needed. Sales tax will be added to the price of your purchases, in accordance with our requirements. We may change prices at any time. All payments will be in PLN.

You agree to pay all charges at the prices in effect at the time of your purchases and any applicable shipping fees, and you authorize us to charge your selected payment provider for these amounts at the time you place your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to reject any order placed through the Website. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household, or per order. These restrictions may include orders placed by the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

RETURN POLICY

Can I make a return?

How do I make a return?

PROHIBITED ACTIVITIES

You may not access or use the Website for any purpose other than the one for which we make the Website available. The Site may not be used in connection with any commercial endeavors, except those specifically authorized or approved by us.

As a user of the Site, you agree not to:

1. 1. Systematically download data or other content from the Site for the purpose of creating or compiling, directly or indirectly, a collection, compilation, database, or directory without our written consent.
2. 2. Unauthorized use of the Site, including collecting usernames and/or email addresses of users electronically or otherwise for the purpose of sending unsolicited emails or creating user accounts in an automated manner or under false pretenses.
3. 3. Use a shopping agent or proxy to make purchases on the Site.
4. 4. Use the Site to advertise or offer goods and services for sale.
5. 5. Bypass, disable, or otherwise interfere with the security features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. 6. Engage in unauthorized framing or linking to the Site.
7. 7. Cheat , defraud, or mislead us and other users, particularly in any attempts to obtain confidential account information, such as user passwords.
8. 8. Misuse our support services or file false reports of abuse or misconduct.
9. 9. Engage in any automated use of the system, such as using scripts to post comments or messages, or using any data mining tools, robots, or similar tools to collect and extract data.
10. 10. Interfere with , disrupt, or impose an excessive load on the Site or the networks or services connected to the Site.
11. 11. Attempt to impersonate another user or person, or use another user’s username.
12. 12. Sell or otherwise transfer your profile.
13. 13. Use any information obtained from the Site to harass, exploit, or harm another person.
14. 14. Discredit , defame, or otherwise harm, in our opinion, us and/or the Site.
15. 15. Use the Site in a manner that violates applicable laws.
16. 16. Except as may result from the use of a standard search engine or web browser, use, run, develop, or distribute any automated system, including, without limitation, any spider, robot, scraper, scraper, or offline reader, that accesses the Site, or using or running unauthorized scripts or other software.
17. 17. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active mechanism for collecting or transmitting information, including, but not limited to, animated graphics (“GIFs”), 1 × 1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware,” “passive data collection mechanisms,” or “PCMs”).
18. 18. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other materials, including excessive use of capital letters and spamming (the continuous posting of repetitive text), that interfere with any party’s uninterrupted use of the Site or that modify, impair, disrupt, alter, or interfere with the use, features, functions, operation, or maintenance of the Site.
19. 19. Copy or adapt the Site’s software, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.
20. 20. Remove copyright or other proprietary notices from any Content.
21. 21. Decrypt , decompile, disassemble, or reverse engineer any software that constitutes or in any way forms part of the Site.
22. 22. Attempt to circumvent any measures taken by the Site to prevent or restrict access to the Site or any part of the Site.
23. 23. Harass , annoy, intimidate, or threaten our employees or agents involved in making any part of the Site available to you.
24. 24. Use the Site as part of any effort to compete with us, or otherwise use the Site and/or the Content for any revenue-generating or commercial ventures.

USER GENERATED CARTRIDGES

The Site may invite you to chat, contribute to, or participate in blogs, discussion forums, online forums, and other features, and may also provide you with the ability to create, upload, publish, display, broadcast, perform, publish, distribute, or disseminate content and materials to us or on the Site, including, but not limited to, text, writings, video recordings, audio recordings, photos, graphics, comments, suggestions, or personal information or other materials (collectively, “Contributions”). Contributions may be visible to other users of the Site and Marketplace Offerings, as well as through third-party websites. Accordingly, any Contributions you submit may be treated as non-confidential and non-proprietary. By creating or sharing any Contributions, you represent and warrant that:

1. The creation, distribution, transmission, public display or performance, and accessing, downloading or copying of your Contributions will not and will not infringe any proprietary rights, including, but not limited to, copyrights, patents, trademarks, trade secrets or moral rights of any third party.
   2. You are the creator and owner or have the necessary licenses, rights, consents, issuances and permits to use and authorize us, the Site and other users of the Site to use your Contributions in any way contemplated by the Site and these Terms of Use.
   3.You have the written consent, release and / or permission of any identifiable person in your Contributions to use the name or likeness of any such identifiable individual to enable your Contributions to be incorporated and used in any way contemplated by the Site and these Terms of Use .
   4. Your contribution is not false, inaccurate or misleading.
   5. Your contribution is not unsolicited or unauthorized advertising, promotional material, pyramids, chain letters, spam, mass mailings or other solicitation.
   6. Your contributions are not obscene, lascivious, lecherous, vulgar, violent, harassing, defamatory, defamatory or otherwise objectionable (as determined by us).
   7. Your contributions do not ridicule, ridicule, discredit, intimidate or offend anyone.
   8. Your contribution is not used to harass or threaten (in the legal sense of these terms) any other person or to promote violence against any particular person or class of people.
   9. Your contribution does not violate any applicable law, regulation or rule.
   10. Your contributions do not infringe the privacy or image rights of third parties.
   11. Your contributions do not contain any material that obtains personal information from anyone under the age of 18 or uses anyone under the age of 18 in a sexual or violent manner.
   12. Your contributions do not violate any applicable child pornography law or otherwise are intended to protect the health or well-being of minors;
   13. Your contribution does not contain any offensive comments related to race, nationality, gender, sexual preferences or physical disability.
   14. Your contribution will not otherwise violate or link to material that violates any provision of these Terms of Use or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in breach of the foregoing will breach these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

CONTRIBUTION LICENSE

By posting your contribution to any part of the website, you automatically grant, represent, and warrant that you have the right to grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, assignable, royalty-free, fully paid-up, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your likeness and voice) for any purpose, whether commercial, promotional, or otherwise, and to create derivative works of such Contributions or incorporate other works into them, as well as to grant and authorize sublicenses for the foregoing. Such use and distribution may take place in any media format and through any media channels.

This license shall apply to any form, medium, or technology known now or developed in the future, and includes our use of your name, company name, and franchise name, as applicable, as well as any trademarks, service marks, trade names, logos, and personal and commercial images that you provide. You waive all moral rights in your Contributions and warrant that no moral rights have otherwise been asserted in your Contributions.

We do not own your contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations contained in your Contributions submitted by you in any area of the Site. You are solely responsible for your contributions to the Site, and you expressly agree to hold us harmless and refrain from taking any legal action against us in connection with your contributions.

We reserve the right, in our sole and absolute discretion, (1) to edit, revise, or otherwise modify any Contributions; (2) to reclassify any Contributions in order to place them in more appropriate locations on the Site; and (3) to pre-screen or remove any Contributions at any time and for any reason, without notice. We are under no obligation to monitor your Contributions.

VERIFICATION GUIDELINES

We may provide you with areas on the Website where you can post reviews or ratings. When posting a review, you must meet the following criteria: (1) you should have firsthand experience with the person or entity being reviewed; (2) Your reviews must not contain offensive profanity or be insulting, racist, derogatory, or hateful; (3) Your reviews should not contain references that discriminate on the basis of religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) Your reviews should not contain references to illegal activities; (5) You should not be affiliated with competitors if you post negative reviews; (6) You should not draw conclusions regarding the legality of a course of action; (7) You may not publish any false or misleading statements; and (8) You may not organize a campaign encouraging others to post reviews,

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to review or remove reviews, even if anyone considers them inappropriate or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We are not responsible for any review or for any claims, liabilities, or losses arising from a review. By posting a review, You hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, transferable and sublicensable right and license to reproduce, modify, translate, transmit in any way, display, perform, and / or distribute all content related to reviews.

MOBILE APPLICATION LICENSE

Use a license

If you access Marketplace Offers through the mobile app, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile app on wireless electronic devices owned or controlled by you, and to access and use the mobile app on such devices, provided that such use strictly complies with the terms of this mobile app license set forth in these Termsof Use. You may not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code, or decrypt the application; (2) make any modifications, adaptations, enhancements, improvements, translations, or derivative works of the app; (3) violate any applicable laws, rules, or regulations in connection with your access to or use of the app; (4) remove, alter, or obscure any proprietary rights information (including any copyright or trademark information) published by us or the Application’s licensors; (5) use the Application for any revenue-generating venture, commercial venture, or other purpose for which it is not designed or intended; (6) make the App available on a network or in any other environment that allows multiple devices or users to access or use it simultaneously; (7) use the App to create a product, service, or software that directly or indirectly competes with the App or replaces it in any way; (8) use the application to send automated queries to any website or to send unsolicited commercial emails; or (9) use any proprietary information or any of our interfaces or other intellectual property in the design, development, production, or licensing of,

Apple and Android devices

If you use a mobile app obtained from the Apple Store or Google Play (each an “App Distributor”) to access Marketplace Offers, the following terms apply: (1) the license granted to you for our mobile app is limited to – a non-transferable license to use the app on a device running the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the app distributor’s terms of service; (2) we are responsible for providing all maintenance and support services with respect to the mobile app, in accordance with the terms of this mobile app license set forth in these Terms of Use or as otherwise required by applicable law, and you acknowledge that no App Distributor has any obligation to provide any maintenance or support services with respect to the mobile app; (3) In the event that the mobile application fails to conform to any applicable warranty, you may notify the relevant App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application; and, to the maximum extent permitted by applicable law, the App Distributor shall have no other warranty obligations with respect to the mobile application; (4) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “state sponsor of terrorism,” and (ii) you are not listed on any U.S. government list of parties subject to prohibitions or restrictions; (5) while using the mobile app, you must comply with applicable third-party terms of service; for example, if you have a VoIP app, you may not violate your wireless data service agreement while using the mobile app; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms of this mobile app license contained in these Terms of Use, and that each App Distributor shall have the right (and shall be deemed to have accepted the right) to enforce the terms of this mobile app license contained in these Terms of Use against you as a third-party beneficiary. (5) When using the mobile app, you must comply with applicable third-party agreements; for example, if you have a VoIP app, you may not violate your wireless data service agreement while using the mobile app; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms of this mobile app license contained in these Terms of Use, and that each App Distributor shall have the right (and shall be deemed to have accepted the right) to enforce the terms of this mobile app license contained in these Terms of Use against you as a third-party beneficiary. (5) When using the mobile app, you must comply with applicable third-party agreements; for example, if you have a VoIP app, you may not violate your wireless data service agreement while using the mobile app; and (6) You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms of this Mobile App License contained in these Terms of Use, and that each App Distributor shall have the right (and shall be deemed to have accepted the right) to enforce the terms of this mobile application license contained in these Terms of Use against you as a third-party beneficiary. In that case, you may not breach the agreement for the provision of wireless data transmission services while using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms of this mobile app license contained in these Terms of Use, and that each App Distributor shall have the right (and shall be deemed to have accepted the right) to enforce the terms of this mobile app license contained in these Terms of Use against you as a third-party beneficiary. In that case, you may not breach the agreement for the provision of wireless data transmission services while using the mobile app; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms of this mobile app license contained in these Terms of Use, and that each App Distributor shall have the right (and shall be deemed to have accepted the right) to enforce the terms of this mobile app license contained in these Terms of Use against you as a third-party beneficiary.

APPLICATIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, opinions, or other information regarding the Website or Market Offerings (“Submissions”) provided to us by you are not confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and we shall be entitled to the unrestricted use and dissemination of such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights in such Submissions and warrant that all such Submissions are original or that you have the right to submit such Submissions. You agree that no claim may be brought against us in the event of an alleged or actual infringement or misappropriation of any proprietary rights in your Materials.

THIRD PARTY WEBSITES AND CONTENT

The Site may contain (or you may be directed via the Site or Marketplace Listings) to other websites (“Third-Party Sites”), as well as articles, photos, text, graphics, images, designs, music, audio, video, information, applications, software, and other content or elements owned by or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not reviewed, monitored, or verified for accuracy, appropriateness, or completeness by us, and we are not responsible for third-party websites accessible through the Service or any other third-party Content posted on, accessible through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy policies, or other policies contained on third-party websites or in third-party Content. The inclusion of, linking to, or permitting the use or installation of any third-party websites or any third-party Content does not constitute our approval or endorsement. If you choose to leave the Site and access third-party websites or use or install any third-party Content, you do so at your own risk and should be aware that these Terms of Use no longer apply. Please review the applicable terms and policies, including privacy and data collection practices, of any website you may link to from the Site, or regarding any applications used or installed from the Site. Any purchases made through third-party websites will be made through those other websites and other companies, and we assume no liability in connection with such purchases, which are made solely between you and the relevant third party. You agree and acknowledge that we do not endorse any products or services offered by third-party websites, and you will indemnify us against any damages resulting from the purchase of such products or services. Furthermore, you will indemnify us against any losses incurred by you or damages caused to you in connection with Third-Party Content or in any way related thereto, or in connection with any interactions with third-party websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, but not limited to, reporting such user to a law enforcement agency; (3) at our sole discretion and without limitation, deny, limit access, limit availability or disable (to the extent technically feasible) any or part of your contribution; (4) at our sole discretion and without limitation, notice or liability, to remove from the Site or otherwise disable all files and content that are excessive or in any way burden our systems;

PRIVACY POLICY

We are committed to protecting your privacy and data security. By using the Website or the Marketplace’s Offers, you agree to comply with our Privacy Policy published on the Website, which is incorporated into these Terms of Use. Please note that the Website and Marketplace Offerings are hosted in the United States. If you access the Site or Marketplace Offerings from any other region of the world where laws or other requirements regarding the collection, use, or disclosure of personal data differ from those in effect in the United States, then, by continuing to use the Site, you are transferring your data to the United States and expressly consenting to the transfer and processing of your data in the United States.

COPYRIGHT VIOLATIONS

We respect the intellectual property rights of others. If you believe that any material available on or through the Website infringes any copyright that you own or control, please notify us immediately using the contact information provided below (“Notice”). A copy of your Notice will be sent to the person who posted or hosted the material that is the subject of the Notice. Please note that under applicable law, you may be held liable for damages if you provide materially false information in the Notice. Therefore, if you are unsure whether materials on the Website or linked to from the Website infringe your copyright, you should first consult an attorney.

PERIOD AND SOLUTION

These Terms of Use remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE TERMS OF USE, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE WEBSITE AND MARKET OFFERS (INCLUDING BLOCKING CERTAIN IP ADDRESSES) FOR ANY REASON OR NO REASON AT ALL, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH A BREACH OF ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS CONTAINED IN THESE TERMS OF USE OR APPLICABLE LAW OR REGULATIONS. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE AND MARKETPLACE OR REMOVE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.

If, for any reason, we close or suspend your account, you may not register or create a new account under your own name, a false name, or the name of a third party—even if you are acting on behalf of that third party. In addition to closing or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive remedies.

CHANGES AND INTERRUPTIONS

We reserve the right to change, modify, or remove the content of the Website at any time or for any reason, at our sole discretion and without notice. However, we are under no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Marketplace Offers at any time without notice. We will not be liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Website or the Marketplace Offers.

We cannot guarantee that the Site and Marketplace Offers will be available at all times. We may encounter hardware, software, or other issues, or require maintenance related to the Site, which may result in interruptions, delays, or errors. We reserve the right to change, correct, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offers at any time or for any reason without notice. You agree that we shall not be liable for any loss, damage, or inconvenience resulting from your inability to access or use the Site or Marketplace Offerings during any downtime or discontinuation of the Site or Marketplace Offerings. Nothing in these Terms of Use shall be construed as obligating us to maintain or support the Site or the Marketplace Offerings, or to provide any patches, updates,

GOVERNMENT LAW

These Terms of Use and the use of the Website and Market Offerings are governed by and interpreted in accordance with the laws of the State of Florida applicable to contracts entered into and to be performed entirely within the State of Florida, regardless of conflict of laws principles.

DISPUTE RESOLUTION

Informal negotiations

To expedite the resolution of and control the costs associated with any disputes, controversies, or claims arising out of or relating to these Terms of Use (each a “Dispute,” and collectively “Disputes”) brought by you or by us (individually, a “Party” and collectively) , “Parties”), the Parties agree to first make an informal attempt to negotiate any Disputes (except for those Disputes expressly specified below) at least thirty (30) days prior to the commencement of arbitration. Such informal negotiations shall commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except for Disputes expressly excluded below) shall be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Arbitration shall be initiated and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available on the AAA website at www.adr.org . Your arbitration fees and your share of the arbitrator’s compensation will be governed by the AAA Consumer Rules and, where applicable, the limitations set forth in the AAA Consumer Rules.If the arbitrator determines that such costs are excessive, we will cover all arbitration fees and expenses. Arbitration may be conducted in person, by filing documents, by telephone, or online. The arbitrator will render a decision in writing but is not required to provide a statement of reasons unless requested by one of the Parties. The arbitrator must comply with applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise provided by applicable AAA rules or applicable law, the arbitration will take place in Bervard, Florida. Unless otherwise agreed, the Parties may bring an action in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, set aside, or enforce an arbitrator’s award.

If, for any reason, a Dispute is litigated in court rather than through arbitration, the Dispute shall be brought or prosecuted in the state and federal courts located in Bervard, Florida, and the Parties hereby consent to and waive any objections to personal jurisdiction and inconvenient forum with respect to the venue and jurisdiction of such state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) is excluded from these Terms of Use.

Under no circumstances may any Dispute brought by either Party that is in any way related to the Website be initiated more than one (1) year after the cause of action arose. If this provision is found to be unlawful or unenforceable, then neither Party shall seek arbitration of a dispute falling within the scope of that part of this provision which is found to be unlawful or unenforceable, and such dispute shall be resolved by a court of competent jurisdiction in the courts listed above for that jurisdiction, and the Parties agree to submit to the personal jurisdiction of that court.

Limitations

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law: (a) no arbitration shall be consolidated with any other proceeding; (b) there is no right or authority for any Dispute to be resolved as a class action or to use class action procedures; and (c) there is no right or authority to bring a Dispute as an alleged representative on behalf of the general public or any other persons.

Exceptions to Informal Negotiation and Arbitration

The Parties agree that the following Disputes are not subject to the foregoing provisions regarding informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of a Party’s intellectual property rights; (b) any Disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claims seeking a court injunction. If this provision is found to be unlawful or unenforceable, then neither Party shall elect arbitration for a dispute falling within the scope of that part of this provision which is found to be unlawful or unenforceable, and such dispute shall be resolved by a court of competent jurisdiction in the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

The Website may contain information with typographical errors, inaccuracies, or omissions that may relate to Offers on the Marketplace, including descriptions, prices, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time without prior notice.

DISCLAIMER

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU AGREE THAT YOU USE THE SITE’S SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE AND YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THIS WEBSITE OR THE CONTENT OF WEBSITES LINKEDLINKED TO THIS SITE, AND WE ASSUME NO LIABILITY FOR ANY (1) ERRORS, INACCURACIES, INACCURACIES; (2) BODILY INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM ACCESS TO OR USE OF THE WEBSITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL DATA AND/ OR FINANCIAL INFORMATION, (4) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY ERRORS, VIRUSES, TROJAN HORSES, OR SIMILAR THREATS THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY THIRD PARTIES, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROMTHE CONTENT PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE. WE DO NOT GUARANTEE, WARRANT, NOR DO WE ASSUME ANY LIABILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE WEBSITE, A WEBSITE THAT HYPERLINKS TO IT, OR A WEBSITE OR MOBILE APPLICATION FEATURED IN ANOTHER BANNER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO NOR WILL WEBE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND PROVIDERS OF PRODUCTS OR SERVICES. JUST AS WHEN PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEANS OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND CAUTION.

LIMITS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, exemplary, incidental, special, or punitive damages, including lost profits, losses, OR OTHER DAMAGES ARISING FROM THE USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY CONTRADICTION IN THIS PROVISION, OUR LIABILITY TO YOU FOR ANY REASON AND REGARDLESS OF THE FORM OF ACTION SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, TO US. SOME STATE LAWS AND U.S. INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONCERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

COMPENSATION

You agree to defend, indemnify, and hold harmless us, including our subsidiaries, affiliates, and all of our officers, agents, partners, and employees, from and against any and all losses, damages, liabilities, claims, or demands, including reasonable attorneys’ fees and expenses incurred by any third party arising out of or resulting from: (1) your contribution; (2) your use of the Website; (3) your breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your infringement of third-party rights, including, without limitation, intellectual property rights; or (6) any willful harmful conduct toward any other user of the Site with whom you have connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are required to indemnify us, and you agree to cooperate, at your own expense, in the defense of such claims. We will use reasonable efforts to notify you of any such claims, actions, or proceedings covered by this indemnification upon becoming aware of them.

USER DATA

We will retain certain data that you submit to the Site for the purpose of managing the Site’s performance, as well as data regarding your use of the Site. Although we perform routine backups of data on a regular basis, you are solely responsible for all data that you upload or that relates to any actions you have taken through the Website. You agree that we shall not be liable to you for any loss or damage to such data, and you hereby waive any rights to bring a claim against us arising from such loss or damage to such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and filling out online forms constitute electronic communications. You consent to receiving electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy all legal requirements that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, AGREEMENTS, ORDERS, AND OTHER DOCUMENTS, AS WELL AS THE DELIVERY OF ELECTRONIC NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR BY A THIRD PARTY. You hereby waive any rights or requirements arising from any laws, rules, regulations, ordinances, or other provisions in any jurisdiction that require an original signature or the delivery or retention of non-electronic records,

CALIFORNIA USERS AND RESIDENTS

If any complaint is not resolved satisfactorily, you may contact the Complaints Unit of the Consumer Services Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone on (800) 952 -5210 or (916) 445-1254.

VARIOUS

These Terms of Use and any rules or operating policies published by us on the Site or in connection with the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use shall be construed to the fullest extent permitted by law. We may assign some or all of our rights and obligations to others at any time. We are not liable for any losses, damages, delays, or omissions caused by any reason beyond our control. If any provision or part of a provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision or part of a provision shall be severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created as a result of these Terms of Use or your use of the Website. You agree that these Terms of Use shall not be construed against us by reason of their written form. You hereby waive any and all defenses available to you regarding the electronic form of these Terms of Use and the absence of a signature by the parties to execute these Terms of Use. You agree that these Terms of Use shall not be construed against us by reason of their electronic form. You hereby waive any and all defenses available to you regarding the electronic form of these Terms of Use and the absence of signatures by the parties to enforce these Terms of Use. You agree that these Terms of Use shall not be construed against us by reason of their electronic form. You hereby waive any and all defenses available to you regarding the electronic form of these Terms of Use and the absence of signatures by the parties to enforce these Terms of Use.

CONTACT US

To investigate a complaint regarding the Website or for further information regarding the use of the Website, please contact us at:

BEAUTYSALE PL

sklep@beautysale.pl