Welcome to Velour! VELOUR BEAUTY, Inc. (“VELOUR” or “Company”) is the operator of the www.VelourBeauty.com site (the “Site”).
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
USE OF SITE
You may use the Site only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of VELOUR. You may not otherwise copy, modify, or distribute the contents of this Site without the prior written consent of VELOUR. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
We require all Members (as defined below in section 4 of these Terms) to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
Posting any information which is untrue, inaccurate or not your own;
Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
Attempting to interfere in any way with the Site, or VELOUR’s network security, or attempting to use the Site ’s service to gain unauthorized access to any other computer system; and
Using the Site to drop ship merchandise to third parties
All trademarks, service marks, and trade names of VelourBeauty.com used in the site are trademarks or registered trademarks of Velour Beauty.
UGC TERMS OF SERVICE
These additional terms for use of your user generated content (“UGC”) by Velour Beauty (these “UGC Terms”) are in addition to, and not in lieu of, your rights and obligations under the Velour Beauty’s Terms of Service (the “Standard Terms”).
By responding with #VelourBeauty, you agree to these UGC Terms and the Standard Terms, including the arbitration provision contained in the Standard Terms. If you do not agree to these UGC Terms and the Standard Terms, do not reply #VelourBeauty. To the extent there is a conflict between these UGC Terms and the Standard Terms, these UGC Terms will govern such conflict. Velour Beauty may also modify or amend these UGC Terms in its sole discretion without advance notice by posting the modified or amended UGC Terms on our Services and/or by email notification if we so choose). Capitalized terms used but not otherwise defined in these UGC Terms have the meanings set forth in the Standard Terms.
By “UGC” we mean video(s), photo(s) and/or other user generated content posted online (e.g., Instagram, Facebook, Twitter, or other platform) together with your name, username, social media handle, social media username, profile picture, likeness and any caption and location information provided in connection with or that may be associated with such content.
You hereby grant Velour Beauty and any future subsidiary of affiliated entities (collectively, “Velour Beauty” or “we”) a perpetual, worldwide, royalty-free, non-exclusive, transferable, fully paid, and sublicensable right to use, reproduce, modify, adapt, delete, publish, translate, create derivative works from, distribute, publicly perform and display the UGC in any media formats and channels now known or later developed, including but not limited to on its webpages, social media pages and other digital media, newsletters, retailer sites, third party sites, print materials, in-store materials, television and other broadcast media, for marketing, advertising, or other purposes.
Commitments from You
You hereby represent and warrant that:
You own all rights in and to the UGC.
You have permission from any person(s) appearing in the UGC to grant the rights herein on their behalf and Velour Beauty’s use of the UGC as provided herein will not violate the intellectual property rights, other rights, or cause injury to any person or entity.
Neither you nor any other person(s) appearing in the UGC are under 18 years of age. The UGC it is a true and accurate expression of your honest belief based on the use of Velour Beauty products. The UGC does not misrepresent your affiliation with any person or entity.
To the fullest extent permitted by applicable law, you release Velour Beauty and the other Velour Beauty Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related in any way to the UGC.
REGISTRATION AND PASSWORDS
By agreeing to participate in the a Auto-Renew Program to replenish your lash supply, you agree and acknowledge that your participation in the program has an initial and recurring payment charge at the frequency chosen (1/3/6 month increments) when you signed up in the amount of the then-current retail price of your selected product displayed on the Site and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by VELOUR after the expiration date of your payment card. Please note Auto-Renew Program purchases are restricted from certain discounts and promotions.
AUTO-RENEW DELIVERY TERMS
The product you selected for auto-renewal will be automatically sent to you at the frequency selected by you (e.g. every 3 months) and your payment method will automatically be charged on the delivery date in the amount of the then-current retail price for the product on the Site until you cancel your Automatic Delivery option.
CANCELATION POLICY FOR AUTO-RENEW PROGRAM
To cancel your Automatic Renewal at any time, you may send us a message at email@example.com and we will process it for you. You must send your cancellation request two business days prior to your scheduled payment date.
RETURNS AND EXCHANGES FOR AUTO-RENEW PRODUCTS
All products purchased under the auto-renew subscription are subject to the Velour Return and Exchange Policy.
ADDITIONAL TERMS AND CONDITIONS
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, Shipping Policies, Return Policies, and membership reward programs (including the Loyalty Program Terms) (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to VELOUR the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only.
The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site.
By placing an order, you represent that the products ordered will be used only in a lawful manner. VELOUR reserves the right, with or without prior notice, to do any one or more of the following:
(i) limit the available quantity of or discontinue any product or service
(ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion
(iii) bar any user from making or completing any or all Transaction(s; and
(iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Site, you are entering into a binding contract with VELOUR and agree to pay all charges that may be incurred by you or on your behalf through the Site , at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Product Information; Limitation on Quantities
Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of VELOUR or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All VELOUR logo’s (Decorative V Design, V Design, Velour Design), FLUFF’N, FLUFF’N THICK, LIVE IN LASHES, are registered trademarks of VELOUR, Inc. All of our Site's content is copyrighted by VELOUR, Inc. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by VELOUR.
You assume all responsibility and risk with respect to your use of the Site . THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, VELOUR DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VELOUR makes no warranties of any kind regarding any non-VELOUR sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and VELOUR makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-VELOUR sites. VELOUR does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
Disclaimer – No Professional Advice
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
Limitation of Liability
EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF VELOUR, IN NO EVENT SHALL VELOUR, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE , WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE). EVEN IF VELOUR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. EXCEPT IN THE CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF VELOUR, IN NO EVENT SHALL THE TOTAL LIABILITY OF VELOUR, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE , WHETHER IN WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EXCEED THE AMOUNT YOU PAID TO VELOUR IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
The failure of VELOUR to partially or fully exercise any rights or the waiver of VELOUR of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by VELOUR or be deemed a waiver by VELOUR of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of VELOUR under these Terms and any other applicable agreement between you and VELOUR shall be cumulative, and the exercise of any such right or remedy shall not limit VELOUR’s right to exercise any other right or remedy.
Questions: Should you have any questions regarding these Terms you may contact us at firstname.lastname@example.org