Terms of service

TERMS OF SERVICE


OVERVIEW

These Terms of Service (“Terms”) comprise the agreement between Beauty Sense, LLC, a Puerto Rico corporation doing business as Jolimar Beauty Supply (“Jolimar”, “we”, or “us”), and you or the entity you represent, which may include browsers, vendors, customers, merchants, and/ or contributors of content (collectively, “you” or “customer” or “user”), governing your use of this website (the “Site”), including all information, tools, online store, and all of the services that it provides (collectively, the “Services”), as described below. In addition, you acknowledge and agree that you shall also be subject to any posted rules or guidelines that may be applicable to our Site or Services, which may contain terms and conditions in addition to those in these Terms.

PLEASE READ THIS AGREEMENT CAREFULLY. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE AND SERVICES, INCLUDING YOUR PURCHASE OF ANY PRODUCT OFFERED ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND SERVICES. YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AND ACKNOWLEDGE THAT THESE TERMS OF SERVICE CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR CONTENT. Please carefully read these Terms, our Privacy Policy, our Shipping Policy, and our Refund Policy, each of which is incorporated by reference into these Terms. IF YOU ACCEPT OR AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF SERVICE.


As referenced above, the Services include an online store whereby you may purchase any of our products, which in turn is hosted on Shopify. Said host currently provides us with the online e-commerce platform that allows us to sell our products and services to you, and we reserve the exclusive right at all times to change the host or provide Services through a proprietary platform in the future. Any new features or tools which are added to the online store shall also be subject to the Terms of Service.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


SECTION 1 - ONLINE STORE TERMS

Jolimar Beauty Supply provides an online platform through its Site by which it offers certain products at a certain price and quantity for the benefit and convenience of its customers, who may review Jolimar’s offerings and purchase the same through the Site. To this end, Jolimar Beauty Supply operates and maintains an online store for the benefit of its customers.

By agreeing to these Terms of Service, you represent that you are at least of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and you have given us your consent to allow any of your dependent minors to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any content on the website through which the Services are provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - ACCOUNT REGISTRATION AND SECURITY

You may view the products and information included in our Site as an unregistered visitor to our Site. However, in order to access our Services and complete a purchase, you will be required to create an account, and your use of the account shall at all times be governed by these Terms of Service. At the time of registration, we will request that you provide certain contact information (such as your email address) and ask that you create a username and password. You can edit this information and provide additional information at any time.

Your account is at all times the property of Jolimar Beauty Supply, and we reserve the right to monitor the use of your account for any purpose. We shall have sole discretion to disclose and share the information that you provide as part of your account, as well as all communications and information that you submit to or through our Site or in connection with our provision of Services, subject to the terms and conditions of our Privacy Policy, included on our website. In creating and using your account, you agree to provide true, accurate, complete and current account data on any registration form required and maintain and promptly update the account data to keep it true, accurate, current and complete. You also acknowledge and agree that you may not have more than one active account. If you provide any account data that is not, or we reasonably suspect is not, true, accurate, current and incomplete, or if you create more than one active account, we may suspend or terminate your account and our Services and refuse any and all current or future use by you of your account or our Services.

SECTION 5 - MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

SECTION 6 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only pursuant to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit, prohibit, or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may assist in completing your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Services may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

SECTION 13 - TRADEMARKS

All trademarks, service marks, logos and trade names on our Services, whether registered or unregistered, are proprietary to Jolimar Beauty Supply or to other persons or entities where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the owner thereof.

SECTION 14 - PROHIBITED USES AND ACTIVITIES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

In using our Site and Services, you must not conduct any activity which we deem harmful to Jolimar Beauty Supply’s property, including its Site and Services, brand, intellectual property, copyrights, and technology. In addition to any prohibited activities already described within these Terms, following is a list of additional prohibited activities, which is not exhaustive, as Jolimar Beauty Supply reserves the right to review any activity conducted by any of its users to determine if the same was harmful and warrants any action by Jolimar Beauty Supply in order to protect its property:

send or otherwise transmit to or through our Site and Services any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material or terms of any kind;

violating, or attempting to violate, the security of our Site or Services. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations, and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

violate any Applicable Laws;

misrepresent your identity or affiliation in any way;

use the Jolimar Beauty Supply Site and Services, including its proprietary content or content generated by any user, for any commercial or other purposes that are not expressly permitted by these Terms of Service or in a manner that falsely implies Jolimar Beauty Supply’s endorsement, partnership or otherwise misleads others as to your affiliation with Jolimar Beauty Supply;

copy, store or otherwise access or use any information, including personally identifiable information about any other user, contained on the Jolimar Beauty Supply Site, in any way that is inconsistent with its Privacy Policy or these Terms of Service or that otherwise violates the privacy rights of users or third parties;

assist or permit any persons to engage in any of the activities described above.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

  • You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Services at any time, without notice to you.
  • You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  • In no case shall Jolimar Beauty Supply, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Jolimar Beauty Supply and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be invalid, unlawful, void or unenforceable at law, such provision will be deemed stricken from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions. Furthermore, the remaining provisions of these Terms of Service will continue in effect and be valid and enforceable to the fullest extent permitted by law.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT

Our failure to enforce at any time a provision of these Terms of Service or our other rights herein will not be considered to be a present or future waiver of such provision or right and will not in any way affect our ability to enforce each and every such provision and right thereafter.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, understandings, communications, representations, and proposals, whether oral or written, between you and us, by or among other parties (including, but not limited to, any prior versions of the Terms of Service), which may relate to the subject matter hereof.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms will be interpreted in accordance with the laws of Puerto Rico and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Juan, Puerto Rico or the United States District Court, District of Puerto Rico located in San Juan, Puerto Rico for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

SECTION 21 – JURISDICTIONAL ISSUES

We make no representation that content available through our Site or Services is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access our Site or Services from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to our Site or Services from jurisdictions where the content of our Site or Service are illegal or penalized is prohibited.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time through this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 23 - MISCELLANEOUS

Any notices or other communications by you or Jolimar Beauty Supply must be in writing and given via e-mail to, as applicable, your address stated in your account or Jolimar Beauty Supply’s address stated on our Site. In addition, we may provide notice to you by posting to our Site or via our Services. All such notices shall be deemed to have been given when sent.

You may not assign or delegate your rights or obligations under these Terms of Service, by operation of law or otherwise, to any third party without our prior written consent. Subject to the foregoing, these Terms of Service will be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assignments and legal representatives.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service must be sent through our customer service e-mail address at beautysensellc@gmail.com.