Termes, Conditions + Plus
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Terms and Conditions
1. Payment. All consumer sales through this website are final. Payment by credit card is due at time of purchase, using the online order system and electronic shopping cart for checkout.
2. Sales Tax. State sales tax is added to California resident orders.
3. Returns. Except for a defective product, there are no returns, exchanges or refunds. A returned defective product will be replaced with the similar product. No goods shall be returned for replacement without first obtaining a Return Authorization Number (RA) from Perlop Cosmetics.
4. Warranty. Perlop Cosmetics warrants that the goods supplied under this invoice (the “goods”) shall conform to the description stated on the invoice. The foregoing warranty is Perlop Cosmetics’ sole warranty with respect to these goods. All other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed. Perlop Cosmetics liability for breach of warranty hereunder is limited solely to the replacement of the defective goods, which shall be returned to Perlop Cosmetics plant, transportation charges prepaid by buyer; and the failure to give notice of a warranty claim within thirty (30) days from date of delivery shall constitute a waiver by buyer of all claims in respect to such goods. The foregoing shall constitute the sole remedy of buyer and the sole liability of Perlop Cosmetic under this warranty.
5. Limitation of Liability. Perlop Cosmetics liability to buyer, whether in contract, in tort, under any warranty, in negligence or otherwise, shall not exceed in any case the return of the amount of the purchase price paid by buyer and under no circumstances shall Perlop Cosmetics be liable for special, in direct or consequential damages.
6. Shipment. Standard ground shipping and handling charges apply to all orders, which must be within the Continental US. Free shipping on all orders over $15.
7. Governing Law. The parties agree that the validity, interpretation and performance of any agreement arising out of this transaction shall be governed by the laws of the State of California without regard to conflicts of interest laws. Buyer and Perlop Cosmetics hereby submit to the exclusive jurisdiction for the resolution of any disputes hereunder, to Superior Court in Los Angeles County or United States District Court in Los Angeles County, California. These courts shall be the sole and exclusive places for jurisdiction and venue for the purpose of adjudication of any rights and liabilities hereunder.
8. Updated: February 20, 2018
Collection of your Personal Information
In order to better provide you with products and services offered on the Website, Perlop may collect personally identifiable information, such as, but not limited to:
- First and Last Name;
- Mailing Address;
- E-mail Address; and
- Phone Number.
Furthermore, if you purchase Perlop’s products and/or services, Perlop also collects billing and credit card information. This information is used to complete the aforementioned transaction.
Please be advised that if you directly disclose personally identifiable information or personally sensitive data through Perlop’s public message boards, this information may also be collected and used by others.
Perlop does not collect any personal information about you unless you provide it to Perlop through the Website or otherwise. However, you may be required to provide certain personal information to Perlop when you elect to use certain products and/or services available on the Website. This information may include: (a) registering for an account on the Website; (b) entering a sweepstakes or contest sponsored by Perlop or one of Perlop’s partners; (c) signing up for special offers from selected third parties; (d) sending Perlop an email message whether through the Website or otherwise; (e) submitting your credit card or other payment information to Perlop when ordering and purchasing products and/or services on the Website. To wit, Perlop will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us or other similar product and/or service offerings. Perlop may also gather additional personal or non-personal information in the future.
Use of your Personal Information
Perlop collects and uses your personal information to operate its Website(s) and deliver the products and/or services you have requested.
Perlop may also use your personally identifiable information to inform you of other products and/or services available from Perlop and its affiliates.
Sharing Information with Third Parties
Perlop does not sell, rent or lease its customer lists to third parties.
Perlop may, however, utilize your data to assist trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries.
Perlop may also disclose your personal information, without notice, if required to do so by law or in good faith to: (a) conform to the law or comply with legal process served on Perlop; (b) protect and defend the rights or property of Perlop; and/or (c) act under certain circumstances to protect the personal safety of users of Perlop, or the public.
Tracking User Behavior
Perlop may keep track of the Website and pages you visit within the Website, in order to determine what Perlop products and/or services are the most popular. This data is used to deliver customized content and advertising to Perlop customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Perlop as well. This information may include, but shall not be limited to, your IP address, browser type, domain names, access times and referring website addresses. This information is used to maintain quality of Perlop’s products and/or services, and to provide general statistics regarding use of the Website.
The Website may use “cookies” to help Perlop personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time, as a cookie tells the web server that you have returned to a specific page. For example, if you personalize Perlop pages, or register on the Website, a cookie helps Perlop to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the Website, the information you previously provided can be retrieved, so you can easily use Website features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of Perlop’s services or the Website.
The Website will contain links to other websites. Please be aware that we are not responsible for the content or privacy practices of such other websites. Please be aware that when you leave the Website you should read the privacy statements of any other website that collects personally identifiable information.
Security of your Personal Information
Perlop secures your personal information from unauthorized access, use, or disclosure. Perlop uses the following methods for this purpose:
- Secure Sockets Layer (“SSL”) protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the SSL protocol.
Perlop strives to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while Perlop strives to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the internet that are beyond Perlop’s control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and Perlop through the Website cannot be guaranteed.
Children Under Thirteen
Perlop does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
From time to time, Perlop may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from Perlop, you may opt out of such communications by unsubscribing from emails by replying “STOP”.
External Data Storage Sites
Perlop may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
Perlop Cosmetics, Inc.
PO BOX 49486
Los Angeles, CA 90049
Effective as of April 02, 2018
Agreement between User and www.conchanacar.com
Welcome to www.conchanacar.com. The www.conchanacar.com website (the "Site") is comprised of various web pages operated by Perlop Cosmetics, Inc. ("Perlop"). www.conchanacar.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.conchanacar.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.conchanacar.com is an E-Commerce Site.
The purpose of the Site is to promote and sell Perlop beauty products. Perlop sells a line of beauty creams, which include day creams, night creams, cleansing creams, and a brightening mask and may include additional products.
Visiting www.conchanacar.com or sending emails to Perlop constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that Perlop provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Returns and Exchanges are only allowed on UNOPENED products purchased through the Site, and within 30 days of the original purchase date for items sent in error or that arrived damaged only. Refunds that are approved are issued for original purchase price, less original shipping costs incurred by Perlop.
Links to Third Party Sites/Third Party Services
www.conchanacar.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Perlop and Perlop 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. Perlop is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Perlop of the site or any association with its operators.
Certain services made available via www.conchanacar.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.conchanacar.com domain, you hereby acknowledge and consent that Perlop may share such information and data with any third party with whom Perlop has a contractual relationship to provide the requested product, service or functionality on behalf of www.conchanacar.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
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 Perlop 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. Perlop 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 Perlop and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Perlop does not grant you any licenses, express or implied, to the intellectual property of Perlop 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.
Perlop has no obligation to monitor the Communication Services. However, Perlop reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Perlop reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Perlop 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 Perlop's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Perlop does not control or endorse the content, messages or information found in any Communication Service and, therefore, Perlop 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 Perlop spokespersons, and their views do not necessarily reflect those of Perlop.
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 www.conchanacar.com or Posted on Any Perlop Web Page
Perlop does not claim ownership of the materials you provide to www.conchanacar.com (including feedback and suggestions) or post, upload, input or submit to any Perlop Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Perlop, 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. Perlop is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Perlop'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.
The Communication Service is controlled, operated and administered by Perlop from the USA. If you access the Communication Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Perlop content accessed through www.conchanacar.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Perlop, 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. Perlop 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 Perlop in asserting any available defenses.
In the event a dispute \arising out of or concerning these Terms and Conditions cannot be resolved, 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 California law, conducted by a single neutral arbitrator with more than ten (10) years experience in the subject matter thereof, and administered by JAMS, Judicate West, or J.D.R., Inc. (Judicial Dispute Resolution). The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction; provided, however, that any award shall be limited to actual damages and shall not include any consequential, exemplary, or punitive or similar damages. 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.
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 Perlop agree 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.
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. PERLOP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PERLOP 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. PERLOP COSMETICS, INC. 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.
Perlop 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 California. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Perlop as a result of this agreement or use of the Site. Perlop's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Perlop'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 Perlop 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 Perlop the user and Perlop with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Perlop the user and Perlop 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
Perlop reserves the right, in its sole discretion, to change the Terms under which www.conchanacar.com is offered. The most current version of the Terms will supersede all previous versions. Perlop encourages you to periodically review the Terms to stay informed of our updates.
Perlop welcomes your questions or comments regarding the Terms.
Perlop Cosmetics, Inc.
PO BOX 49486
Los Angeles, CA 90049
Effective as of April 02, 2018