Terms and conditions of sale
Thank you for visiting our website, which is owned and operated by VMV COSMETIC GROUP NEW JERSEY, INC. (hereinafter "VMV COSMETIC GROUP", "Us " or "Our").
1.- WHO ARE WE?
VMV COSMETIC GROUP NEW JERSEY, INC. (hereinafter VMV COSMETIC GROUP or "Us"), a company duly incorpor ated in accordance with the laws of the United States of America, with legal domicile at 422 Main Av. Clifton, New Jersey, 07014 USA.
You can contact us through the following channels ("Customer Service"):
telephone: +1 973 745 04 10
Products and services on the Site are for personal, non-commercial (B2C) use only. You agree to use the Site only for lawful, non-commercial purposes and in compliance with all international, federal, state, and local laws. Any order that exceeds ten pieces of any reference and/or Product, may be considered invalid and rejected by us without any justification.
You declare and guarantee (a) to be of legal age according to the law of your jurisdiction of residence; (b) have not been previously suspended or removed from the Site; (c) have no more than one (1) account on the Site at any given time; (d) only provide us with true, accurate, current and complete information if you register for an account and/or place Orders (as defined below).
In the belief or suspicion that the information you have provided is not true, accurate, current, or complete, or we suspect fraudulent use of the Site through automated tools or other methods, we may deny or suspend your access to the Site.
4.- YOUR ACCOUNT
When creating an Account, you must provide your first and last name and email address and select a password (collectively, the "Account Information"), which you may not transfer or share with third parties. If someone accesses our Site or Services using your Account Information, we will rely on such Account Information and assume that it is indeed you or your representative who is accessing the Site or Services. You are individually responsible for the use of your Account Information and all orders and activities that occur within or in connection with the Account.
5.- USER CONTENT
We welcome comments, information and user submissions.
You and other users of the Site may occasionally have the opportunity to post on the Site certain ideas, concepts, information, data, texts, music, sounds, photographs, videos, messages, comments about our products, advice, opinions and other material (jointly, "User Content").
We cannot guarantee that other users will not copy, modify, distribute or otherwise use User Content that you share. Therefore, if you have an idea or information that you wish to keep confidential and/or do not want others to use, do not post it on the Site.
We do not control the User Content posted on the Site, and therefore we make no representations and offer no guarantees regarding User Content or its truthfulness, accuracy, reliability, integrity, or quality. We do not determine whether User Content infringes the rights of third parties, nor do we have control over the nature of User Content that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties. You acknowledge and agree that the information and opinions expressed by you and other users included in the User Content that appears on the Site do not necessarily reflect our opinions or those of our content providers, advertisers, sponsors or related or affiliated entities and that we do not endorse User Content or other content posted by you or other users or otherwise available through the Site.
You are not required to submit User Content to the Site, but if you choose to do so, the material will not be considered confidential or proprietary and may be used by us, our affiliates, or others without restriction. You declare and guarantee that you own or control all rights related to the User Content that you submit, and that the publication and use of this User Content by us does not infringe or in any way violate the rights of third parties, including but not limited to among others, privacy rights, publicity rights, copyrights, contractual rights, or any other type of intellectual or registered property rights. By submitting, posting, uploading, modifying or providing information, material or any other type of communication, including User Content, you grant us and our delegates, whether expressly requested or otherwise, the right and the fully paid, royalty-free license, without restrictions, global, perpetual, irrevocable, non-exclusive and fully transferable, subrogable, transferable to third parties to use copy, reproduce, modify, adapt, publish, translate, create derivative material, improve, distribute, commercialize, perform or display said User Content (whole or in part) around the world and/or incorporate it into other works whatever the form, medium or technology currently known or subsequently developed for any purpose, including, among others, promotional or advertising purposes, of reproduction, transmission, publication, broadcast without additional consent on your part and without any credit, notification and/or compensation to your person or third parties. You also hereby grant each user of the Site a non-exclusive license to access User Content through the Site and to use, edit, modify, reproduce, distribute, prepare derivative works, display and perform such User Content .
We and our delegates also have the right, but not the obligation, to use your username (and real name, image or other identifying information, if provided, related to User Content), city and state with respect to the transmission, printing, online use or other use or publication of your User Content.
6.- HOW TO PLACE AN ORDER
To place an order, you must first access the Site. You will be able to view the various Products that are offered for sale on the date you browse the Site and select your Products by browsing the various Product categories.
While you browse the Site, you can select the Products and add them to the shopping cart by clicking on the button dedicated for this purpose. For each selected Product, you will be able to see its Price.
You, at any time, can continue browsing or click on your shopping cart to see the contents of the cart with all the items you have selected.
You will be able to complement, modify or cancel said order, until you finally confirm it. When you have finished selecting the Products, you can place the order by clicking on the button provided for this purpose.
A new page will be displayed, prompting you to:
- (i).- Registered User: enter your username (email address) and password if you are already registered on the Site; or
- (ii).- Non Registered User: accurately fill out a personal data collection form by entering the information in the required fields, including, but not limited to, your name, surname, email address, telephone, and postal billing / delivery address.
The amount to be paid will be that indicated in the order confirmation displayed on the Site and then sent by email.
If you select card payment, you will automatically connect to the Payanywhere electronic money server. The payment service provider's server will be protected by a Secure Socket Layer (SLL) encryption process designed to protect as efficiently as possible all data related to payment methods and guarantee that your bank details do not cross our systems at any time, so at no time will we be responsible for the information transmitted for the purposes of processing the payments of any order.
Computerized records or other recorded data will constitute valid evidence of all transactions carried out.
After making the payment you will receive an email acknowledging receipt of your order. Likewise, we will inform you by email that the product is being shipped.
7.- AVAILABILITY OF PRODUCTS
The availability of the products and services described on the Site and the descriptions of these products and services may vary by location and time.
All orders are subject to the availability of the products. If the order has been confirmed, and it is not possible to deliver a product due to its unavailability, you will be informed and given the option to (i) receive delivery of only a part of your order without the Product(s) that are not available on the date of the order, or; (ii) cancel your entire order. In this case, you must confirm, within the following forty-eight (48) business hours (excluding any weekends or holidays) after receiving the referred email, which of the options you will take.
After the period indicated above and if we do not receive any confirmation from you, we will proceed with the partial delivery of the order. The final amount of the order will be charged by subtracting the price of any Product not available, and that is not delivered. If the total amount of the order was charged in full directly at the time of order confirmation, we will refund the amount of the Products not delivered, using the same payment method used by you for the return.
8.- ORDERS AND RESALE PROHIBITION
While it is our practice to confirm orders by email, receipt of an order confirmation by email does not constitute acceptance by us of an order or confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the quantity of products or services and/or to deny services to any customer. We may also require verification of information prior to acceptance and/or shipment of any order.
You may not purchase items through this site for subsequent resale at your own expense or at the expense of anyone else. The prices displayed on the site are in US dollars and are valid and effective only in the United States. We have the right to reject or cancel orders placed, including, but not limited to, orders in which the products are priced wrongly, regardless of whether the order has been confirmed or charged to your credit card. If the purchase has been charged to your credit card and we cancel the order, we will refund the amount paid through the same payment system that you would have used.
Prices may change at any time, but possible changes will not affect orders for which we have already sent you an Order Confirmation.
To make the purchase, you can make your payment through PayPal, Apple Pay, Google Pay, Visa, MasterCard or American Express cards. When the chosen form of payment is by card, you must enter the card number, its expiration date, the name of the cardholder and the security code.
By clicking on "Authorize Payment" you are confirming that the card is yours or that you are authorized to use it.
To minimize the risk of unauthorized access, your credit card details will be encrypted. Credit cards will be subject to checks and authorizations by their issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.
The prices on the website do not include shipping costs or, where appropriate, sales tax, which will be added to the total amount due at the time of purchase. So, the total order amount that you will be charged is the price of the product(s), plus shipping costs and plus sales tax (if applicable).
Sales tax will be added (if applicable) based on the shipping address of your order and as required by applicable law.
Take into account that prices may change at any time, but possible changes will not affect orders for which we have already sent you an Order Confirmation.
10.- SHIPPING AND SHIPPING COSTS
a) General information
The Products and services offered on the Site are only available for delivery in the fifty 50 states of the United States of America (with the exception of Puerto Rico).
When placing any order, $5 USD (FIVE United States dollars) will be included for shipping costs.
Orders will be delivered within an estimated period of three (3) business days. It is specified again that an order will not be shipped unless there is confirmation of payment and product availability.
Notwithstanding all of the above, in certain promotions or campaigns such as Black Friday or Christmas and in new product launches, the delivery time may be affected and delays of up to 15 business days may occur.
If it is not delivered within this period, you will have the right to cancel your order in accordance with the terms established in the "Late delivery" section.
The products will be sent by post or through the chosen Courier service, as the case may be and/or according to the delivery options selected or available in your area. In the event that, during the scheduled delivery process, you are not at the address indicated for delivery, the Carrier will leave a delivery notice in your mailbox whenever possible, and you must contact the Carrier to reschedule the delivery of your order. However, if you do not contact the Carrier, the latter will make another delivery attempt, on the date and time that it determines at its discretion.
The carrier, therefore, will make 2 attempts to deliver the package, in case none of those attempts is favorable, the package will return to our distribution center and, after contacting you, its delivery will be scheduled again, and any additional shipping costs that may be generated will be passed on to you.
b) Late delivery / loss
In case of late delivery, that is, thirty (30) days after the order confirmation, you can cancel the order, as well as receive a refund of the total amount of your order (including shipping costs), by contacting Customer Service.
Also, in case of loss of the order during the delivery process, you will have the right to request the cancellation of the order, as well as receive a refund of the total amount of your order (including shipping costs), via the same payment method used in the moment of making the purchase, except when it is proven that the loss, loss or impossibility of delivery resulted from causes attributable to you.
We inform you that, if the system is enabled in your delivery area, you can track your order through the Carrier's tracking system and/or through our Customer Service.
A delivery will be deemed to have been completed as soon as the Carrier makes the Product(s) available to you or to a third party designated by you, at the address registered at the time of purchase.
It will be your responsibility to verify the compliance and integrity of the Product(s) delivered immediately after receiving it(them). The products will be your responsibility from the moment of delivery.
Any defect/reservation identified at the time of delivery (including any late delivery, missing or damaged Product) must be fully and accurately noted by you on the delivery receipt issued by the Carrier when handing the Product(s) over to you.
Any inconsistency in the delivery of the order must also be reported to Customer Service by email (firstname.lastname@example.org); You must, at all times, send evidence of receipt of your order, as well as the order number assigned during your purchase.
a) Deadline for making returns
You have the right, for a period of fourteen (14) calendar days from delivery, to return the products, free of charge, except for shipping costs, which will be borne exclusively by the Buyer.
If you want to make a return, you must send an email to Customer Service (email@example.com) stating your wishes.
Customer Service will acknowledge receipt of your request and confirm the process to follow to collect the Products from your home.
The right of return will apply exclusively to those products that are returned in the same condition in which you received them. No refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage, so you must be careful with the Product(s) while they are in your possession. Please return the Products in all their original packaging together with the return receipt, and a copy of the purchase receipt or the corresponding invoice.
After examining the Products, we will inform you if you are entitled to a refund of the amounts paid. The refund will be made by the same means of payment that you used when making the purchase and, in any case, within 30 days after the date we receive the Product in our distribution center.
b) Returns of defective products
In cases where you consider that at the time of delivery the product is defective, and/or if you find a hidden defect and/or it does not comply with the provisions of the contract, you should contact us immediately through Customer Service, providing the product data, as well as the damage/fault suffered.
You must send an email to Customer Service (firstname.lastname@example.org) to notify them of your nonconformity or of hidden defects in the Product(s).
Customer Service will acknowledge receipt of your request and will confirm the process to follow to collect the Products from your home.
Such Product(s) must be returned whole, unused, in their original intact packaging; and, (ii) the return receipt, and a copy of the purchase receipt or the corresponding invoice.
Upon receipt of Products that are allegedly non-conforming or have hidden damage/defects, we will check the Product(s) to verify the conformity or non-conformity of the same. In the same way, we may carry out a quality test of the returned Products to verify if the returned Product(s) is/are, in fact, (an) original Product(s). The refund or replacement of the item will be made as soon as possible and, in any case, within 30 days from the date we receive the Product at our distribution center.
If a defect or fault really exists then the amounts paid for those products that are returned will be fully reimbursed, including shipping costs. The return will be made by the same means of payment that was used to pay for the purchase.
The Site and all its contents, including but not limited to articles, other texts, photographs, images, illustrations, graphics, video material, audio material (including musical compositions and sound recordings), software, logos, titles, characters, names, button icons, and graphics, except for User Content, are protected by copyright, trademark, and other laws of the United States, as well as international conventions and laws of other countries. The Site and all its contents are owned or controlled by VMV COSMETIC GROUP or by other parties that have granted rights to VMV COSMETIC GROUP.
VMV COSMETIC GROUP respects the intellectual property rights of others. If you are a copyright owner or copyright agent and believe that any part of User Content or other content on the Site infringes your copyright, you can send a notification under the Digital Media Copyright Act at the New Millennium ("DMCA") by providing our Customer Service with the following information in writing:
- Physical or electronic signature of the owner or a person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
- Identification of the copyrighted work for which the infringement is claimed or, in the event that several protected works are included in a single notification, a representative list of such works.
- Identification of the material for which the infringement is claimed or that is subject to the infringing activity and that should be removed or access to it should be disabled and information reasonably sufficient to allow us to locate the material.
- Information reasonably sufficient to enable us to communicate with you, such as your name, address, telephone number and, if possible, your email address.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in the above notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or that you are authorized to act on behalf of the owner.
If you do not meet all the requirements set forth above, your notification will not be effective. You can contact our complaints channel through:
VMV COSMETIC GROUP
422 Main Av. Clifton, New Jersey, 07014 USA.
+1 973 745 04 10
After receiving the infringement complaint, we will process and investigate the complaint and, if applicable, act expeditiously to remove or disable access to the material for which the infringement is claimed. Likewise, we will take reasonable steps to notify the user that we have removed or disabled the material at their request in a timely manner.
This notification does not limit the ability of VMV COSMETIC GROUP to exercise any other right or resort to any other means of redress available to it to deal with claims of infringement.
It is our policy to terminate, in appropriate circumstances, user access or accounts that infringe property rights.
We may, in appropriate circumstances, terminate your account on the Site and any or all of our affiliates' websites in the event that it infringes the proprietary rights of third parties. If you believe that a user is an infringer, please follow the instructions above to contact us and provide enough information so that we can verify if the user is a repeat infringer.
12.- OTHER IMPORTANT CONSIDERATIONS
a) Links and Third-Party Websites
You may be able to link to third-party Websites, services, or resources on the Internet from the Site, and third-party Websites, services, or resources may also contain links to the Site (collectively, "Linked Sites"). We are not responsible for the content, availability, advertising, products, services, or other materials on these Linked Sites, or for additional links included therein, and our inclusion of Linked Sites on the Sites does not imply our endorsement or approval of the material contained on the Sites linked to or accessed through them. In no event will we be liable, directly or indirectly, to you or another person or entity for losses or damages that arise or are caused by the creation or use of the Linked Sites, or the information or material accessed through them. Linked sites.
c) Complete agreement and partial nullity
e) Limitation of liability
However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin: (i) loss of income or sales; (ii) loss of business; (iii) loss of profits or loss of contracts; (iv) loss of anticipated savings; (v) loss of data; and (vi) loss of management time or office hours.
Due to the open nature of this Site and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this Site unless expressly stated.
f) Force majeure or fortuitous event
g) Governing law and jurisdiction
We control and operate the Site from our offices in New York State, United States of America. While we invite people from all over the world to visit the Site, visitors acknowledge that the Site, and all activities available on or through it, are governed by the laws of the United States of America and the laws of the state of New York.
We make no representation that the materials on the Site are appropriate or available for use in other locations. People who decide to access the Site from other places do so on their own initiative and are responsible for their compliance with local laws.
By using this Site, you agree that VMV COSMETIC GROUP or any of its affiliates may require in its sole discretion that: (1) any type of dispute or cause of action related or connected with these Terms, the Site, and the Related offers must be resolved individually without resorting to any form of class action lawsuit, and exclusively by final and binding arbitration under the rules of the American Arbitration Association at the AAA regional office closest to the participant; (2) the Federal Arbitration Act shall govern the interpretation, application, and all procedures of such arbitration; and (3) a judgment on said arbitration award may be entered in any court that has jurisdiction. You understand and agree that you give up your right to sue or go to court to claim or defend your rights under this contract.
g) Code of Ethics and Conduct and Whistleblower Channel
We inform you that we have a Code of Ethics and Conduct by which we abide and which is applicable to all employees of the companies that are part of VMV Cosmetic Group (https://vmvcosmeticgroup.com).
Please note that we offer you a Whistleblower Channel free and anonymous (https://vmvcosmeticgroup.com/denuncias/), to report any breach or violation of the Code of Conduct and/or the applicable legislation.