Terms & Conditions
Welcome to the website of Spice Cosmetics™, LLC (the "website"). Spice Cosmetics™, LLC provides the content and services available on the website to you subject to the following terms and conditions ("Terms and Conditions"). By accessing or using the website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions which include our Privacy Policy.
1. Privacy
Please review our Privacy Policy, which also governs your visit to the website, so that you may understand our privacy practices.
2. Products and Services for Personal Use
The products and services available on the website, and any samples thereof are provided for your personal use only. You may not sell or resell any of the products or services, or samples thereof, that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. For additional policies related to orders placed through this website (such as order processing, shipping and handling, returns and exchanges), click here.
3. Product Use
Spice Cosmetics™ carefully formulates and manufactures its products in accordance with the guidelines set forth by United States Food and Drug Administrations' (FDA) Good Manufacturing Practices (GMP). Customers with certain health conditions and allergies should consult a physician prior to using our products. Our products are indicated for use on particular parts of the body, therefore, use of a product in an area other than where suggested is done at the customer's own risk. Complete ingredient lists are provided on each individual product page, the product information page, as well as on the product label and/or in the accompanying product packaging. Spice Cosmetics™ cannot be held liable for damages arising from the misuse of our products. The statements and information provided on this website have not been evaluated by the FDA and not intended to diagnose, treat, cure or prevent any disease or condition. Spice Cosmetics makes no medical claim as to the benefits of our products or the ingredients contained therein.
4. Prices
Spice Cosmetics™ reserves the right to alter prices at anytime without notice.
5. Coupons, Discounts, and Promotional Codes
Coupons, discounts, and promotional codes must be presented and applied at the time of purchase. Limit one eligible coupon/discount per order as codes can not be combined. Spice Cosmetics™ is not responsible for the contents contained on other websites with regards to coupons, discounts, or promotional codes.
6. Orders
Before placing an order, please verify that your order is accurate as we are unable to make any changes once your order has been submitted. All sales are final, once an order has been submitted.
7. Sales Tax
Spice Cosmetics™ is required by law to charge sales tax on orders delivered to the following states: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin.
8. Right of Refusal
Spice Cosmetics™ at its sole discretion reserves the right to refuse sale, cancel orders or services and/or transactions at anytime for any reason.
9. Anti Fraud
In an effort to deter and prevent fraud, Spice Cosmetics™ verifies all methods of payment in connection to any given transaction. Spice Cosmetics™ reserves the right to refuse to process any transaction, sale, or shipment of orders due to suspected fraud or unauthorized or illegal activity.
10. Chargeback Policy
Internet theft is a serious offense and will not be tolerated. If it is deemed that a transaction is clearly fraudulent or harbors malicious intent, appropriate action will be taken. In the event that payment for a shipped order was fraudulently reversed by you or a third party processor (i.e. PayPal) acting on your behalf, you are responsible for immediate payment. Individuals who have committed fraud or submitted illegitimate claims will be reported to the following federal and local agencies:
- United States Postal Service (federal mail fraud report)
- Local police/law enforcement agency (criminal theft)
- The FBI's Internet Crime Complaint Center
- Collection Agency (recovery of delinquent account)
- All major credit bureaus (delinquent account; 7 years)
11. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the website are accurate, complete, reliable, current, or error-free.
12. Intellectual Property
All content available on the website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of Spice Cosmetics™, LLC., our affiliates, partners or licensors, and is protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the website (collectively, the "Trademarks") are the registered and unregistered marks of Spice Cosmetics™, LLC., our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws. Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
13. Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the website. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the website or any and/or all Content (except caching or as necessary to view the website); (c) make any use of the website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the website or affixed to or contained in the website. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the website for personal, non-commercial use only. A website that links to the website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. Any unauthorized use by you of the website or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 5 include hyperlink without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
14. Your Obligations and Responsibilities
In the access or use of the website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that such default or defaults may cause to Spice Cosmetics™, LLC, our affiliates, partners or licensors.
15. Your Account
You may choose to register at our website if you are over thirteen (13) years of age. Do not register if you are not over thirteen (13) years of age. If you are over thirteen (13) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the website on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the website or Content resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in Spice Cosmetics, LLC's best interests to do so.
16. Third Party Links
We are not responsible for the content of any off-Web site pages or any other Web sites linked to or from the website. Links appearing on the website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Web site pages or other Web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Web site pages or any other Web sites linked to or from the website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Web site pages and other Web sites that you visit.
17. Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
18. Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEB SITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
19. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the website or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
20. Disputes
With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Tennessee, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Tennessee. Any dispute relating in any way to your visit to the website shall be submitted to confidential arbitration in Tennessee, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
21. General
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
