TERMS AND CONDITIONS

(Last Updated: June 24, 2024)

 

These Terms and Conditions, together with our Privacy Policy, Shipping, Return and Refund Policy, Affiliate Terms, and Loyalty Plan Terms (collectively “Terms”) govern the use and access of Natasha Denona Makeup LLC and its affiliates (collectively, “Company”, “we,” “us,” or “our”)  websites and landing pages, including https://natashadenona.com/ (each a “Website”) and the purchase and sale of any goods and services offered therein (“Products”) (Company’s services, including the websites, the offering of goods and any other ancillary services shall refer collectively as  “Services”). These Terms are a legally binding, enforceable agreement between any customer purchasing the Products, visitor of the Websites or any user of the Services (“Customer”, “Visitor” or collectively “you”, “your”) and us.

 

Certain offline or online services, promotions, events, and features may have additional terms and conditions specific to them as communicated at the point of purchase, in advertising, or in person, and those additional terms and conditions are incorporated herein by reference. The Company reserves the right to offer better, different or additional terms through any other marketing and sales channels, and the Customer shall have no claim regarding such better or different terms.

 

ACCEPTANCE OF THE TERMS: BY INTERACTING WITH THE WEBSITES, PLACING AN ORDER, OR ANY OTHER USE OF THE SERVICES, YOU HEREBY CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO ANY OR ALL OF THESE TERMS, PLEASE DO NOT USE ANY OF THE SERVICES. YOU HEREBY WAIVE ANY APPLICABLE RIGHTS TO REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT NOT PROHIBITED UNDER APPLICABLE LAW.

AMENDMENTS: We reserve the right to amend these Terms from time to time, at our sole discretion. The most recent version of these Terms will always be posted on the Websites and the update date will be reflected in the “Last Updated” heading. If we make any significant changes affecting your rights and obligations, and per applicable law, we will provide you with notice of such changes, such as by sending an email. Any amendments to these Terms will become effective immediately, unless we notify otherwise. YOUR CONTINUED USE OF ANY OF THE SERVICES AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY, AND YOU AGREE THAT THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU.

CLASS ACTION WAIVER: THESE TERMS CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "ARBITRATION AGREEMENT" SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND THE COMPANY. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY THAT IN ANY WAY RELATE TO THESE TERMS OF USE OR YOUR USE OF OUR SERVICES WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURTS (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS CLASS ACTION.

NO PROFESSIONAL ADVICE: Any content or information provided through the Services is for informational purposes or general guidance only and does not constitute professional advice. We do not warrant the accuracy, completeness, or usefulness of this information. To the maximum extent permitted under applicable law, any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such information by you. Always consult with a professional and read product labels before using any Product or beginning any program. Individuals may react differently to the Products; consult your physician about interactions between medications and Products.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are many important points throughout these Terms, please note the warranty disclaimers and limitations on our liability explained in Sections 12 and 13, respectively.

 

  1. ELIGIBILITY AND NON-COMMERCIAL USE
    • The Website and Services are not structured or intended to attract children under the age of 18 years, and YOU MUST BE AT LEAST 18 YEARS TO PLACE AN ORDER AND BY ANY OF THE PRODUCTS. By placing an order, you represent and warrant that: you are at least 18 years old, and you are of legal competence to enter these Terms, and to take binding legal actions in accordance with applicable laws, and you are not prevented, by any applicable law or otherwise, from entering these Terms.
    • Our Products are offered solely for non-commercial purchase and use, and you represent and warrant that you are purchasing items or services from the Services for your own personal or household use only, and not for resale or export. We reserve the right to limit quantities. Generally, the maximum order quantity permitted for a single SKU in a single order is 6 pieces and it is contingent on release date of SKU, promotional sale event, availability, and demand.

 

  1. PLACING AN ORDER
    • When placing an order, you may decide to either check out as a guest or through creating a Customer Account (“Account”).
    • If you choose to create an Account, you will be required to complete and submit an online registration form. You will be asked to provide us with certain mandatory information such as your name and email address, and also a password that you will use to access your Account. You are fully responsible for maintaining the confidentiality of your credentials and for restricting access to your Account, and you alone are responsible for any and all activities which occur in connection with your Account. You agree to immediately notify us of any disclosure or unauthorized use or breach of security regarding your account through our contact details available herein.
    • Any information you provide through the order process and check-out, including your full name, shipping or billing address and any additional information as required for the payment, will be handled in accordance with our Privacy Policy.
    • You agree to pay for the Products according to the prices indicated in your shopping cart at the time of purchase, including all applicable taxes, shipping, and handling charges. Prices may change at any time at our sole discretion. Prices may vary between the online store and physical stores. During sales or promotions, prices may be rounded up to the nearest currency unit. Unless otherwise specified, all prices are in U.S. Dollars.
    • Payments are made by third party payment service providers under their independent and separate terms. You acknowledge and agree to be bound by such third parties’ terms of service governing such payment. We may require additional verifications or information before accepting any order or payment.
    • Orders are not confirmed until you receive a confirmation notice, confirmation is subject to payment collection, availability of the Product, accuracy of information provided by you, in our sole discretion. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason in its entirety or partially, including (but not only) in case of limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
    • In the event that an order confirmation has not been received within 24 hours after the order is placed, you should contact us via email at wecare@natashadenona.com.
    • Shipping and delivery of any purchased Products are governed by the Shipping, Return and Refund Policy. We will not be responsible for order delays due to technical issues.
    • You hereby represent and warrant that any and all information provided by you while placing an order is and will be accurate and complete. Any inaccuracy will be your sole responsibility and may cause the rejection or non-completion of an order placed by you.

 

  1. ACCURACY OF INFORMATION
    • We do our best to ensure the integrity and accuracy of the information provided to you and the description of the Products displayed on the Website. However, it is possible that typographical errors, inaccuracies or other errors may occur, including with respect to the description, color, texture, or any information related to a Product or Content within the Website. We do not guarantee that the Product images, services or specifications displayed on the Websites are or will remain accurate.
    • In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice
    • In the event a Product is listed at an incorrect price due to a typographical error (including prices as stipulated by any coupon or Promotion we found in our sole discretionary to be considered as an error), we shall have the right to refuse or cancel any orders placed for Product listed at the incorrect price.
    • The display of a Product on the Websites does not mean the Product is or will be available. We do not guarantee the availability of any Product and we may revise and discontinue the availability of any Product at any time.
    • If a Product offered by us is not as you thought it would be, your sole remedy is returning it in accordance with our Shipping, Return and Refund Policy.

 

  1. COMMUNICATIONS AND PROMOTIONAL MESSAGES (INCLUDING VIA EMAIL AND SMS)
    • When you provide us with your email address, contact us, register to our newsletter, or otherwise communicating with us electronically, you consent to receive emails from us electronically either regarding a purchase or response to a question or comment or legal reminders and notifications. We will also send you promotional emails about our Products.
    • By opting-in to receive text messages from us or by sending us an initial text message, you agree to receive recurring text messages (i.e., SMS and/or MMS messages) from the Company, some of which may be considered marketing or promotional and may be delivered by us using auto dialer and delivery systems and technologies. You also represent that you are the owner or authorized user of the mobile device that you used to subscribe for our mobile communications and that you are authorized to approve the applicable charges and rates resulting from such SMS and/or MMS messages. Message and data rates may apply. You will be responsible for all messaging and data charges that may apply. Standard messaging rates apply to your entry or submission message to any text message service, our confirmation and all subsequent text message correspondence. Please contact your wireless carrier for information about your messaging and data plans. Your consent to receive text messages is not a condition of purchase. Carriers are not liable for delayed or undelivered messages. Message frequency may vary.
    • You can opt-out of receiving text messages or promotional emails from us at any time using the opt-out mechanisms provided in such messages. If you choose to opt-out, you will be unsubscribed from the certain promotional delivery list. Following such an opt-out, you may receive an SMS or emails that confirm you have successfully opted-out. Further, even after such a successful opt-out, you may still receive operational messages and emails pertaining to your use of the Services. For additional assistance regarding you opt-out options, you can always contact us through the means of contact herein.

 

  1. LICENSE AND INTELLECTUAL PROPERTY
    • The Websites provide you with comprehensive information regarding our services and the Products and items we offer and their use, and may include additional related content, including, but not limited to, images, texts, logos, button icons, links, other specialized content, documentation, data, and related graphics and other features (collectively, the “Content”). Without derogating from any of the Terms, and to the maximum extent permitted by applicable law, we disclaim any responsibility for any decision or action taken based on the Content provided in the Services, all of which are provided "as-is".
    • Further, the Services, Website and the Products, include and contain present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, formulas, inventions, goodwill, inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world (together with the Content, “Intellectual Property Rights”). Intellectual Property Rights is owned and controlled by the Company (and its licensors), and these Terms or the purchase of any Product, does not transfer to you any Intellectual Property Rights of the Company. Except as provided herein, Intellectual Property Rights and the Content, including the overall “look and feel” of the Website, is and shall remain Company’s property.
    • It is our desire and pleasure to hear from our customers and welcome your comments regarding our Products and Services. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (to which we refer collectively, as “Feedback”), the Feedback shall be deemed, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Feedback of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback, including the right to publish on our Services and Websites or elsewhere and to use the Feedback, including any suggestions, ideas, etc. contained herein.
    • We grant you a limited, non-exclusive, non-assignable, non-sublicensable, non-commercial license to access and make personal use of the Websites and the Services only for lawful purposes and in accordance with these Terms.

 

  1. RESTRICTIONS OF USE
    • You agree to only use the Services and place an order, as set forth in these Terms and according to applicable laws and regulations. You hereby acknowledge that are solely responsible for any of your actions which could reasonably be construed as a breach, or which may result in the breach of these Terms or applicable laws. You may not use the Services in a way that would disrupt the use of the Services for other users. We reserve the right to limit your use of the Services for any reason, at our sole discretion, including restricting your access to your Account.
    • You hereby further agree that you will not, directly or indirectly: (i) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, create derivative works, circumvent, hack or gain unauthorized access to the Services, Websites, their Content or systems and networks; (ii) sublicense, resell, rent, lease, assign, transfer any right, share, broadcast or otherwise commercially exploit or make the Services available to any third party, or any portion thereof; (iii) use the Services in any fraudulent or unlawful manner; (iv) assert any proprietary rights in or to the Services and the Content; (v) remove, obscure or alter any notices of proprietary rights, disclaimers or warnings that appear in the Services; (vi) use, access or attempt to access the Services via automated means; (vii) use the Company’s name, logo or trademarks without our prior written consent; or (viii) extract, collect or store personal data of other users without such users' express consent. ANY USE OF THE SERVICES IN A MANNER WHICH IS NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

 

  1. PROMOTIONS
    • We strive to keep our Products affordable and may offer various promotional offers, including contests, sweepstakes, rebates, coupon codes, promo codes, payment plans, cashback, or other promotions (collectively, “Promotions”). Each Promotion may have specific rules that supplement these Terms. Unless otherwise stated, we reserve the right to terminate or change the terms of any Promotion at any time without prior notice. Please review the applicable rules and our Privacy Policy when participating in any Promotions. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
    • We reserve the right to set conditions or limitations for Promotions, including restrictions on combining multiple offers, limiting applicability to certain Products or dates, and excluding sale periods or holiday seasons.
    • Promotions may also be offered in collaboration with third parties. We are not responsible for the conduct of such third parties, or any additional terms stipulated by them.
    • Promotions are subject to availability and may be limited in quantity. Eligibility requirements, such as minimum purchase amounts or specific Product categories, will be specified in the Promotion details.
    • To redeem a Promotion, you must follow the instructions provided in the Promotion details. Promo codes must be entered at the time of purchase and cannot be applied retroactively.
    • Products purchased using a Promotion may be subject to specific return and refund policies outlined in the Promotion details. If no specific return policy is provided, our standard Shipping, Return, and Refund Policy will apply.
    • All Sales are final.
  1. PRIVACY

Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect and use your information.

 

  1. CUSTOMER REVIEWS AND ENDORSMENTS
    • We may enable the hosting, sharing, posting, and publishing of content provided by you and other users (collectively, "User Submissions"). Your User Submissions may be posted on the Website, used to send commercial marketing materials to you, or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, or remove any and all User Submissions at any time and for any reason. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all intellectual property rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by these Terms.
    • You retain all of your ownership rights in and to your User Submissions. Subject to these Terms including our Privacy Policy, by submitting User Submissions, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions only in connection with our Services, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user and Third Party Source a non-exclusive right to use, copy, reproduce, distribute, disclose, prepare derivative works of, display and perform such User Submissions in accordance with these Terms.
    • We do not regularly review posted User Submissions. However, we reserve the right (but not the obligation) to monitor and edit or remove any User Submissions, including the right to access, read, preserve, and disclose any User Submission or any other information that we obtain in connection with the Services as we reasonably believe is necessary to: (1) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (2) enforce these Terms, including investigation of potential violations of it, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to your user support requests, or (5) protect the rights, property or safety of us, our users or the public. You agree that you will not send, display, post, submit, publish or transmit a User Submission that: (1) is unfair or deceptive under the consumer protection laws of any jurisdiction; (2) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (3) creates a risk to a person’s safety, health, or property, creates a risk to public safety, health, or property, compromises national security, or interferes with an investigation by law enforcement; (4) impersonates another person; (5) promotes or involves illegal activities, terrorism, drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (6) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (7) constitutes an unauthorized commercial communication; (8) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; or (9) breaches these Terms.
    • You understand and acknowledge that when accessing and using our Services: (1) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, correctness, usefulness, safety, relating to, such User Submissions; and (2) you may be exposed to User Submissions that are inaccurate, or that you may consider as offensive, indecent, or objectionable. You hereby waive any legal or equitable rights or remedies you may have against us with respect to the foregoing subsection (1) and (2) above.

 

  1. TERMINATION
    • Subject to this Section, these Terms will remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website, including your Account, at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Website will terminate immediately. You understand that any termination of your Account may involve deletion of your User Submission and any other information associated with your Account or purchases from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms.
    • These Terms remain in effect even after your access or account is terminated.
    • Any terms which by their nature should survive termination of these Terms shall remain in effect, including, but not limited to, Sections 1, 5 through 8, and 10 through 14.
    • You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to The Company, for which monetary damages would be inadequate, and you consent to The Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Company may have at law or in equity.

 

  1. THIRD-PARTY LINKS
    • From time to time, these Website may contain links to websites that are not owned, operated, or controlled by the Company or its affiliates. All such links are provided solely as a convenience to you. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, any content, materials, or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Websites, you do so entirely at your own risk.

 

  1. INDEMNIFICATION
    • You agree to defend, indemnify, and hold harmless the Company and its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, judgments, awards, losses, liabilities, costs, and expenses, including reasonable attorney’s fees, arising out of or relating to your violation of these Terms, your use of the Services, your User Submissions, or any breach of any representation, warranty, or covenant made by you herein. This indemnification obligation will survive the termination of these Terms and your use of the Services.

 

  1. DISCLAIMER OF WARRANTIES
    • EXCEPT AS PROVIDED UNDER THESE TERMS, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “COMPANY GROUP”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE PLACEMENT OF ORDERS, THE SERVICES, AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND ON AN "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES AND YOUR RELIANCE ON ANY CONTENT PROVIDED THEREIN SHOULD BE DONE SOLELY AT YOUR OWN RISK.
    • THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ON A CONTINUOUS BASIS OR THAT ANY PRODUCT WILL BE AVAILABLE. THE COMPANY MAKES NO WARRANTY THAT ANY ERRORS, DEFECTS, OR OMISSIONS WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT, ENDORSE, OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION AND DISCLAIMS ALL LIABILITY FOR ANY SUCH CONTENT. THE COMPANY MAKES NO REPRESENTATION THAT THE CONTENT ON THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS.

 

  1. LIMITATION OF LIABILITY
    • TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, REPUTATION, REVENUES, PROFITS, USE, DATA, GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OR INABILITY TO USE THE SERVICES, OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • THE COMPANY WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF ITS OBLIGATIONS THAT IS CAUSED BY AN EVENT OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL THE COMPANY GROUP'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT YOU PAID TO THE COMPANY FOR THE APPLICABLE PURCHASED ITEM. THIS LIMITATION DOES NOT AFFECT THE COMPANY'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    • NOTWITHSTANDING THE ABOVE, IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, CONTENT, OR ANY FEATURE, YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES, CONTENT, OR FEATURE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICES, YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE COMPANY'S SHIPPING, RETURN AND REFUND POLICY.
    • EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN YOU AND THE COMPANY. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  1. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
    • Please read this section carefully. It affects your rights. It requires you to arbitrate disputes with the Company and limits the manner in which you can seek relief. It further provides that you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. This section of the Terms shall be referred to as the “Arbitration Agreement”.
    • We will work in good faith to resolve any issue you have with us if you bring that issue to our customer service department. However, there may be rare cases where we cannot resolve an issue to a customer's satisfaction. You and the Company agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms, including Products and items ordered or purchased through our Services, shall be determined by binding arbitration on an individual basis rather than in court, except that each party may assert claims in small claims court if your claims qualify, as long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
    • Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to extremely limited court review. Arbitration allows for more limited discovery than in court, but we agree to cooperate with each other to achieve reasonable discovery in light of the issues involved and the amount of the claim. Arbitrators can award the same damages and relief that a court can award but must apply substantive law regarding damages as if the matter had been brought in court, including the law on punitive damages as applied by the United States Supreme Court.
    • By entering into these Terms, you acknowledge that to the extent permitted by applicable law, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the Company each waive the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and the Company.
    • If you are a US resident, subject to applicable law, the arbitrator is bound by these Terms and the Arbitration Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless the Company and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The arbitration will be governed by the JAMS Streamlined Arbitration Rules and Procedures and will be administered by JAMS. The JAMS Rules and Forms are available online at jamsadr.com, by calling JAMS at 1-800-352-5267, or by requesting them from us.
    • For international consumers, including those in Germany, disputes shall be resolved in accordance with local laws and may include the option of arbitration in accordance with recognized international arbitration rules such as those of the International Chamber of Commerce (ICC) or JAMS, provided that such arbitration agreements do not contravene local consumer protection laws.
    • Regardless of how the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of the Company's last written settlement offer made before an arbitrator was selected (or if the Company did not make a settlement offer before an arbitrator was selected), then the Company will pay you the amount of the award or US $250, whichever is greater
    • Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery of attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee-shifting provided by law.
    • BY AGREEING TO ARBITRATION WITH THE COMPANY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING.
    • YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER THROUGH SUCH ARBITRATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
    • If this Arbitration Agreement is found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (ii) exclusive jurisdiction and venue for any claims will be in the competent courts of New York, New York, under the laws of the State of New York.

 

  1. CONSUMER RIGHTS
    • General: We are committed to protecting your consumer rights. If you are not satisfied with a Product you purchased, please refer to our Shipping, Return, and Refund Policy for details on how to return the Product and obtain a refund or replacement.
    • You Rights under Local Laws: Depending on your jurisdiction, you may have additional consumer rights under local laws. These rights may include, but are not limited to, statutory warranties, the right to cancel an order within a certain timeframe, and protections against unfair trade practices. We will always respect such local rights, and such laws naturally supersede and govern any general conflicting term of these Terms.
    • European Union (EU) Consumers: If you are an EU consumer, you have the right to withdraw from a purchase contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
    • California Residents: If you are a California resident, under California Code § 1789.3, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, you may contact us at through the below means of contact. You may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or my telephone at (800) 952-5210 or (916) 445-1254.
    • Australian Consumers: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
    • Canadian Consumers: If you are a Canadian consumer, you have certain rights under the Canadian Consumer Protection Act and other applicable federal and provincial laws. These rights include protections against unfair practices, warranties, and the right to cancel certain contracts within a specified period.
    • Additional Consumer Rights: We respect and adhere to consumer rights laws applicable in different jurisdictions. If you have any questions about your consumer rights or believe that your rights have been violated, please contact us at wecare@natashadenona.com.

 

  1. MISCELLANEOUS
    • Applicable law. Except as otherwise set forth in the arbitration section above, any claim relating to our Services, Products, or Content shall be exclusively governed by the laws of the State of New York, without reference to any choice of law provisions, and you agree to submit to the jurisdiction of the competent courts located in New York, New York.
    • Entire Agreement. These Terms, together with our Privacy Policy, Shipping, Return and Refund Policy, Affiliate Terms, and Loyalty Plan Terms, constitute the entire understanding and agreement between the parties with respect to the use of the Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under any circumstances.
    • Waiver. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
    • Assignment. These Terms and any right granted herein may not be assigned by you without the prior written consent of the Company. The Company may assign its rights and obligations set forth herein at any time, at its sole discretion.
    • Force Majeure. The Company shall not be liable to Customers for any failure, delay, or interruption in the performance of any of the terms or conditions contained in these Terms due to causes entirely beyond the control of the Company, including, without limiting the generality of the foregoing, strikes, boycotts, labor disputes, embargoes, acts of God, acts of public enemy, acts of governmental authority, floods, riots, or rebellion.

 

  1. CONTACT US

Natasha Denona Makeup LLC.

By E-Mail: wecare@natashadenona.com.

By Mail: 39 East 30th Street, New York, NY 10016, United States.