Terms and Conditions
- The usage, visit, navigation or browsing by the user of this Website, property of Amarita Beauty inc. (hereinafter “Amarita”), any purchase of a product through this Website, as well as all relations between the user and Amarita, are governed by the present general terms and conditions (hereinafter “General Terms”).
- By entering, using, navigating, visiting or browsing this Website, or by purchasing any of Amarita’s products through this Website, the user consents and agrees expressly to the present General Terms and to be bound by them, as well as by the privacy and personal information collection terms (“Privacy Policy”) and the commercial and sales terms (“Sales Terms”) on this Website, such Privacy Policy and Sales Terms being explicitly incorporated to and forming an integral part of these General Terms, all three series of terms constituting the entire agreement between the user and Amarita (“Agreement”).
- Amarita is not responsible for any interruption or delay in the functioning of this Website or of any service relating to the Website, including the delivery of any product, which results from a force majeure, Internet hacking, outages, fraudulent activity, or from any other situation that is out of Amarita’s control, nor is Amarita responsible, in the case of any purchase of a product made through this Website, for any material loss, damage or amount suffered by the user which could exceed the value paid for the purchased product, the user hereby expressly limiting any claim that it may have against Amarita, and Amarita expressly limiting its own liability, to at most the value paid by the user for said purchased product only.
- The user must be of legal purchasing age in the user’s country if the user makes any purchase of any Amarita product from this Website.
- The user agrees to use this Website and any products related thereto with caution and prudence and agrees to not use this Website or any of Amarita’s products for any illegal purpose or activity whatsoever, the user hereby further agreeing to indemnify and hold Amarita harmless from any claim, loss or damage resulting from user’s illegal purpose or activity.
- Any and all images, photographs, texts, trademarks or other creations of any kind contained on this Website are protected by copyright and trademark laws as well as by intellectual property rights which belong to and are the sole ownership of Amarita, or used thereby under license, and any and all usage or reproduction of this protected property by the user is strictly prohibited, Amarita reserving all of its rights in case of any such unlawful usage or reproduction of its property.
- If the user makes any comment, post, photo post, message or communication of any kind (“user comment”) on the Website, the user must not do so in such a way as to violate any applicable laws or standard community behavior conduct, and user hereby assigns and transfers to Amarita any and all intellectual property rights to such user comment and expressly waives all moral rights relating thereto.
- This Website may present third party links to third party websites as well as tools provided by third parties. These third party links and tools are presented «as is» with no endorsement or control by Amarita over their accuracy or content, and Amarita is not responsible for any errors, content or actions whatsoever in or arising from these third party links, tools or websites, their usage by the user being of the user’s sole responsibility, Amarita expressly disclaiming any responsibility in relation to any loss or damage suffered by the user as a result of or in relation to these third party links, tools and websites.
- The present Agreement (the General Terms, the Privacy Policy, the Sales Terms), this Website and Amarita’s product purchase options or prices may be amended from time to time and at Amarita’s sole discretion without notice, the user undertaking to read and be bound by any such amendment which takes effect immediately upon being made.
- Amarita may terminate this Website and any of its products, services or user accounts and subscriptions at any time at its sole discretion without notice.
- Amarita may assign, transfer or subcontract any or all of its rights or obligations under this Agreement (the General Terms, the Privacy Policy, the Sales Terms), to the third party or parties of Amarita’s choice and at Amarita’s sole discretion.
- This Agreement, along with any applicable third-party payment gateway provider terms as the case may be, constitute the entire agreement between the user and Amarita, and supersede any and all prior discussions, exchanges or agreements between them. If a discrepancy, error or contradiction should occur between this Agreement and the terms of any applicable third-party payment gateway provider, the latter shall prevail, subject to Amarita’s final approval, which shall be based on equity and common sense.
- If any provision of this Agreement should be declared invalid or unenforceable by a court of law, such shall in no way affect the validity of all the other provisions of the Agreement which shall remain valid, enforceable and in full effect.
- This Agreement, as well as the usage, navigation, visit and browsing by the user of this Website, and any purchase of a product through this Website, shall be both governed and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, and in the event of any misunderstanding, conflict or dispute between the user and Amarita, the user and Amarita expressly, irrevocably and unconditionally consent, submit and attorn to the exclusive jurisdiction of the courts of the Province of Quebec, Canada, judicial district of Montreal.
