Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
At CosmeticAmerica.com we strive to offer you only the best brand names and highest quality products. We proudly stand behind the authenticity of our products. Some products may not have been obtained directly from the manufacturer but rather purchased from reputable resellers at a discount. Therefore, this permits us to pass along the savings to you. In this regard, CosmeticAmerica.com expressly disclaims any indication that it is an authorized dealer or agent of any of the designers whose goods are offered on this site.
In addition, CosmeticAmerica.com disclaims any implied representation or warranty with regard to this site or its contents including the merchandise offered on this site.
CosmeticAmerica.com IS PROVIDING THIS SITE, ITS CONTENTS, AND ALL MERCHANDISE ON AN "AS IS" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BEAUTYENCOUNTER.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
WITHOUT LIMITING THE FOREGOING, CosmeticAmerica.com DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE.
WITHOUT LIMITING THE FOREGOING, CosmeticAmerica.com DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
CosmeticAmerica.com does not sell products for purchase by children. We may, however, sell children's products for purchase by adults. CosmeticAmerica.com is not intended or directed to individuals under the age of 18. We reserve the right to refuse service to any person for any reason.
Copyright 1994-2012, CosmeticAmerica.com, All rights reserved. All materials contained on this site are protected by United States copyright law. You may not alter or remove any trademark, service mark, copyright or other notice from copies of the content.
By using this site, you acknowledge that CosmeticAmerica.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All Content is copyrighted as a collective work under the U.S. copyright laws, and CosmeticAmerica.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of create derivative works from or in any way exploit any of the Content in whole or in part.
All other trademarks, service marks, product names, company names and logos appearing on CosmeticAmerica.com are the property of their respective owners.
CosmeticAmerica.com is solely an online store for beauty goods, fragrances and accessories. Please consult with your physician or health care provider regarding the use of any products or information received from our website. Your physician or health care provider should address any and all medical questions, concerns and decisions. CosmeticAmerica.com does not give or intend to give any answers to medical related questions. CosmeticAmerica.com does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on our website. If you are in need of medical treatment please call 911 or your health care provider immediately.
Third Party Affiliates
We use Google Adwords and other third-party advertising companies to serve ads when you visit CosmeticAmerica.com. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here. Upon completing your purchase, we may present offers on behalf of third party partners on the order confirmation page. If you click on some of these promotional links and accept the offer(s), we will send your personal information to this party to complete the transaction. We do not share this information without your consent.
Third Party Content
CosmeticAmerica.com, from time to time, may provide Third Party Content as a service to customers. CosmeticAmerica.comdoes not monitor, approve or have any control over any Third Party Content. Therefore, CosmeticAmerica.com does not guarantee, endorse or adopt the accuracy of any Third Party Content. CosmeticAmerica.com is not responsible for updating or reviewing Third Party Content. Third Party Content is used at your own risk.
By purchasing goods from CosmeticAmerica.com, you agree that the offer and sale of those goods takes place in, and will be governed by the laws of the State of California. You also agree that any legal or equitable claim arising from your purchase must be brought in the city, state or federal courts located in Los Angeles, California, and you consent to the exclusive jurisdiction and venue in such courts. All goods purchased from BeautyEncounter.com are F.O.B. at our fulfillment center. Title to goods passes to you at the time of delivery by the fulfillment center to a common carrier. CosmeticAmerica.com is a California corporation. We are required to collect local and county sales tax for all orders shipped within California. For all international orders, customers are responsible for customs, brokerage fees and import duties of the destination country.
Price comparisons may be made throughout the Website to indicate the relative savings amounts of our pricing. "Reg. Price" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a international basis, it is not possible to know if our merchandise is sold at retail price in any particular location or at any particular time. "You Save" reflects the difference between our price and the supplier provided retail price shown on our Website. Because the retail price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
Prices and availability of products on CosmeticAmerica.com are subject to change without notice. Errors will be corrected when discovered. CosmeticAmerica.com contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on CosmeticAmerica.com may be incorrectly priced. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
Color and Product Description
We have made every effort to display the colors of our products accurately as they appear at the site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free. If a product offered by the site is not as described, your sole remedy is to return it for a refund in unused condition.
Errors and Omissions
Information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. Please see our Pricing Information for more details. If you are not fully satisfied with your purchase you may return it in its original packaging with the original packing slip and within 14 days of receipt. Please refer to our Returns section for more details. The risk of loss and title to items purchased from CosmeticAmerica.com pass to the purchaser upon our delivery to the carrier.
All gift certificates are deemed purchased in and issued from the State of California. The risk of loss and title to such items pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
We welcome your comments, suggestions and feedback, and in some instances photos or video (collectively “Comments”) regarding our website. When you submit Comments to us, you represent and warrant that it does not infringe any third party's intellectual property rights, does not invade any third party's privacy, is not illegal, obscene, threatening, abusive, libelous, slanderous, defamatory, fraudulent, misleading, prejudicial or otherwise injurious to third parties. You may not impersonate anyone in any posting and may not mislead anyone as to the source of any Comments. You are solely responsible for any Comments that you post on our website. We reserve the right to screen, remove or edit any such Comments, but are under no obligation to do so. Under no circumstances will be liable for any Comments posted by any visitor to our website or any damage caused by the posting of such Comments.
When you post Comments to our website, you are automatically granting us and our affiliates a royalty-free, worldwide, non-exclusive, perpetual, fully sub licensable and irrevocable right to use, distribute, reproduce, modify, adapt, publicly perform and display, translate and create derivative works from such Comments in any media, as well as the right to use your name in connection with such Comments, if we so choose.
By submitting Comments you also agree that we may keep records indicating that you are the source of Comments, and any information related to your posting of the Comments, and may disclose such information as we may determine in our sole discretion including, without limitation, in order to comply with law or legal process to enforce the terms of these conditions of use, to respond to any complaint that such Comments violates the rights of any third party to respond to customer service requests or to assist in the protection of any person.
All trademarks, service marks and trade names of CosmeticAmerica.com used in the site are trademarks or registered trademarks of CosmeticAmerica.com
Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL WE OR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BEAUTY ENCOUNTER INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by CosmeticAmerica.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
CosmeticAmerica.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to CosmeticAmerica.com.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of CosmeticAmerica.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of CosmeticAmerica.com products) must be commenced within one (1) year after the claim or cause of action arises. CosmeticAmerica.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. CosmeticAmerica.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CosmeticAmerica.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
CosmeticAmerica.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, CosmeticAmerica.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, CosmeticAmerica.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to CosmeticAmerica.com in its sole discretion.