DURI TERMS AND CONDITIONS
1. GENERAL
This Terms and Conditions Agreement (“Agreement”) is a legal agreement between you and Duri Cosmetics Co, Inc (hereinafter, “Duri,” “we,” “us,” “our”).
We are the company specializing in cosmetics and/or personal hygiene care products (the “Products”).
This Agreement states the terms and conditions under which you may access our website www.duri.com (the “Website”) to learn about us and our Products, as well as purchase our Products.
Duri provides its Products to you subject to the following Terms of Use (“Terms”), which may be updated by Duri from time to time without notice to you.
Your access to and use of the Website is governed by these Terms.
In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from using the Website under the laws of your jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website registration forms. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Duri has the right to suspend or terminate your access to the Website and terminate your placed and pending orders.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THIS AGREEMENT AS IF YOU HAD SIGNED IT.
DO NOT USE THE DURI WEBSITE IF YOU DO NOT FULLY UNDERSTAND, AGREE AND ACCEPT THE TERMS OF THIS AGREEMENT.
2. ACCESS AND LICENSE
Duri grants you a nonexclusive, personal, nontransferable license to access the Website for the purpose of evaluating and purchasing the Products. You may not (a) modify or otherwise create derivative works, (b) translate, reverse engineer, or reverse compile, or disassemble the Website.
Duri reserves the right to refuse service to anyone for any reason at any time.
You understand that your information (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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. CHANGES
We may change this Agreement from time to time. We reserve the right, at our sole discretion and without prior notice or liability, to discontinue or alter the Products or any feature of the Website, including, without limitation: (a) restricting the time of availability, (b) restricting the availability of the Products, and (c) restricting or terminating any user’s right to access and use the services.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (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 Service.
Any change is effective immediately upon a posting on the Website. By continuing to use the Website, you accept any such changes.
We are not responsible if the content of the Website is not accurate, complete or current. The content of the Website is provided for general information only and does not serve as an advice or instruction for decision making purposes without accessing additional sources of information. Sole reliance on the content of the Website is at your own risk.
We reserve the right to modify the contents of the Website at any time without any further or advance notice to you and you agree that it is your responsibility to monitor changes to the Website.
4. WEBSITE RULES
(a) You agree to supply us with accurate and complete information as specified on the online registration form.
(b) The Website may only be used for lawful purposes. Without limiting the above, the Website shall not be used in a manner that would violate any law or infringe any copyright, trademark, trade secret, right of publicity, right of privacy, or any other right of any third party, or for the purpose of transmitting or storing material that is obscene or defamatory. You are prohibited from posting on, or transmitting through the Website, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
(c) The Website may contain tools and features provided by third parties. We do not have any control or monitoring abilities over such tools and features. Accordingly, you agree that such tools and features are provided “as is” and “as available” without any warranties, representations or conditions of any kind and without our endorsement. We disclaim any and all liability arising from or relating to the use of tools and features provided by third parties.
Any use by you of tools and features provided by third parties on the Website is at your own risk and discretion.
(d) If the Website provides for submissions of your creative ideas, suggestions, proposals, plans, or other materials, by any means, electronic or otherwise, you impliedly grant us permission to modify, copy, publish, distribute, translate and otherwise use your submissions in any medium and for any lawful purpose. Please note that (i) your submission may not be maintained in confidence, (ii) we do not pay compensation for your submissions, and (iii) we are not obligated to respond to your submissions.
We reserve the right to edit or remove any content that it deemed, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violating any party’s intellectual property.
You attest that your submissions do not violate any right of any third-party, including intellectual property, privacy, personality or other personal or proprietary right. You further attest that your submissions do not contain any computer virus or other malware that could in any way affect the operation of the 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 the content and accuracy of your submissions. We expressly disclaim any and all responsibility and/or liability for your submissions.
(e) We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website 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. The Website may contain certain historical information that is not current and is provided for your reference only.
Occasionally there may be information on our site 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 Service 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 Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
(f) We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
By accessing the Website and said third-party tools, 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 Website 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.
(g) If, at our request or without such request, you send certain submissions (e.g., contest entries, 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 are 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 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.
(h) Cookies: We, our service providers, and third parties such as online network advertisers may collect information using cookies. Cookies are pieces of information that any website may transfer to your browser that are then stored in your computer system. Cookies are returned to the Website that deposited them when you return to our Website. Cookies tell us, for example, whether you are a first-time visitor or has visited the Website before and what areas of the Website are of greatest interest to you. The deposit of cookies by the Website may enhance your online experience by allowing us to save your preferences for your next visit. Our cookies may also measure the general activity on the Website, which allows us to determine which areas and features are most popular. This information allows us to make improvements to our Website.
Most web browsers are set up to accept cookies. You may choose to, however, reset your browser to refuse all cookies or to indicate when a cookie is being sent. If you choose to decline cookies, some of the functionality of the Website may be impaired.
5. ACCESS TO THIRD-PARTY CONTENT
Our Website may provide access to third-parties content through third-party links.
Third-party links on the Website are associated with content, goods, and services not affiliated with us and the Website.
Any and all liability or responsibility to examine or evaluate the content or accuracy of the content, goods, and services to which third-party may direct is expressly disclaimed.
Any and all liability for any harm and damages related to the purchase of goods and/services through the third-party links is expressly disclaimed. Complaints, claims, concerns, or questions regarding the content, goods, and services to which third-party may direct should be directed to the third-party.
You agree to be responsible for careful review of the third-party’s policies and practices before engaging in any transaction through the third-party links available on the Website.
6. DISCLAIMER; LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. DURI DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICES FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL VENDOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF DURI TO ANY USER FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY OF ANY KIND, INCLUDING DUE TO DURI’S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY USER TO DURI DURING THE SIX-MONTH PERIOD PRECEDING THE CLAIM.
7. INDEMNIFICATION
You agree to indemnify and hold Duri, its officers, directors, employees, and agents harmless from and against any claims and expenses (including reasonable attorney’s fees) arising out of or related to any violation of this Agreement or use of your account.
8. PRIVACY AND SECURITY
We ensure the security and protection of privacy of your information and communications on the Website.
Data transmitted through the Website is secure. Electronic payments information is encrypted in accordance with the Payment Card Industry Data Security Standard (PCI-DSS).
Your purchase order data is not stored by the Website; it is deleted upon your completion of the purchase transaction on the Website.
9. PROPRIETARY RIGHTS
(a) Software.
The Website and its content are the sole and exclusive property of Duri and are protected by copyright and trade secret law and international treaties.
(b) Content.
The Website contains information, software, photos, video, graphics, sound, music, and other material (“Content”) that are protected by copyright, trademark, trade secret, and other intellectual property law and that the rights in such Content are valid and protected in all forms, media, and technologies that now exist or that may be developed in the future. You may not modify, publish, distribute, transmit, transfer or sell, create derivative works, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of portions of the Content, including material protected by copyright, trademark, or other proprietary rights, provided the copies are made for your personal use and that you maintain any copyright, trademark, or other proprietary rights notices on the copies of the Content. Except as stated immediately above or as permitted by the fair use provision of U.S. copyright law, you may not upload, post, reproduce, or distribute any Content protected by copyright or other proprietary rights without the permission of the copyright owner.
If Duri offers the upload capability, you may only upload or otherwise distribute via the Website the Content that is not subject to any copyright or other proprietary rights protection or for which you have the owner’s express authorization for such online distribution. The unauthorized uploading or distribution of copyrighted or other proprietary Content constitutes a breach of this Agreement, and could subject you to criminal prosecution, personal liability for any damages arising from any infringement, and to termination of this Agreement. By uploading Content to the Website, you expressly grant Duri the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and transmit the Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology, now known or that may be developed in the future, for the full term of any copyright, including renewals, that may exist in such content.
10. PRODUCTS
The Products offered for purchase on the Website are formulated and manufactured strictly for [cosmetic use]. The Products offered for purchase on the Website must be used only [as directed on the label].
Due to the naturally developing pectin and apple residue, the Products may appear slightly cloudy.
Skin sensitivities / Known Side Effects: [some products may result in tingling or irritation]
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 according 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 Service will be corrected.
11. ORDERS AND PAYMENT
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 or prohibit 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 can complete your transactions and contact you as needed.
The payment system may store your credit card data for future purchases if a direct payment gateway is chosen to complete your purchase. The stored payment data is encrypted in accordance with the Payment Card Industry Data Security Standard (PCI-DSS).
12. SHIPPING
All orders purchased on the Website are shipped via USPS and UPS within 2-8 business days (within continental United States) via route chosen by a purchaser at the checkout. Please allow additional time for packaging.
All shipped orders are assigned a tracking number which may be used to track orders via USPS and/or UPS website. Please note that delays in delivery of orders are possible due to inclement weather and other unforeseen factors. We are not responsible for any transit delays.
If a purchaser provides incorrect mailing address, thereby causing the order to be returned to Duri, additional fees will apply if we are asked to re-send the order at the correct address.
Questions or concerns regarding your order may be directed to us at [ info@duri.com]
13. RETURN / REFUND POLICY
If you are not completely satisfied with the Products, you may return them to us within 15 days of purchase for a full refund or credit (minus the shipping charges). We only process returns for products purchased on the Website. Please check the FAQs in you require more info about shipping and returns.
To initiate a return, e-mail [ info@duri.com] with your order and/or invoice number to receive your return authorization number.
Product return must be initiated within 15 days of purchase.
The product should be in the original container.
Customers are responsible for the cost of return shipping.
Please ensure secure return of the order. Duri is not responsible for returned items that are damaged or lost in transit.
14. TERMINATION
(a) For Any Reason.
Either you or Duri may terminate this Agreement for any reason at any time by giving the other party notice of termination. Such termination shall be effective upon receipt of notice.
(b) For Cause.
Duri™ may terminate this Agreement without notice for any conduct that Duri believes in its sole discretion violates this Agreement, interferes with other users’ use of the Services, or is otherwise inappropriate.
(c) Effect of Termination.
Upon termination, your license to use the Website automatically terminates, and Duri will delete your account information thereby denying you access to the Website and to the Products. In the event of termination, you remain bound by Sections 4, 6, and 8 of this Agreement.