The Website and newsletter are owned and offered by Blavia Skincare Corp. to you, the user, conditioned upon your acceptance without modification of the terms and conditions set forth herein (“Terms and Conditions”). Access and use of the Website and newsletter is subject to these Terms and Conditions and all applicable laws, statutes, and regulations.
Acceptance of Terms and Conditions
Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and conditions and may result in cancellation of your order.
Prior to accepting an order, Blavia Skincare reserves the right to request additional information from you to verify your identity and validate the billing information to process your order. 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 we ever make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Merchandise. You will be charged at the time your order is placed.
Acceptable Forms of Payment: American Express, Visa, Master Card, Discover, Paypal, Apple Pay. Sales tax is collected on total Merchandise orders delivered to any state within the United States. Some states also require us to collect sales tax on shipping charges.
Blavia Skincare reserves the right to refuse or cancel any order for any reason, including, but not limited to the following situations:
- Errors in Billing, Payment or Shipping Information: Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types; incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record); an insufficient or incorrect shipping address (including street address, city, state, zip or postal code); or any suspected fraudulent information.
- Errors, Inaccuracies, and Omissions: Occasionally, there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Website is inaccurate at any time without prior notice (including after you have submitted your order). In the event that Merchandise is listed at an incorrect price, we have the right to refuse or cancel orders for Merchandise listed at the incorrect price.
- Merchandise Shipping Delay or Unavailability. If an item of Merchandise is delayed out of our distribution center or becomes unavailable, or if there is an error on our Website relating to the order (for example, an error relating to the price or description of Merchandise), Blavia Skincare may cancel the order.
- Resale of Merchandise. The Merchandise sold on our Website is intended for personal use only, not for resale. Any suspected resale of our Merchandise for personal or business profit is strictly prohibited. We will not accept, and we reserve the right to cancel orders that appear to be for resale purposes. Any orders found to have characteristics of reselling, such as large quantities, frequent orders, orders by dealers or resellers or the use of freight forwarding, may be cancelled in the sole discretion of Blavia Skincare, and Blavia Skincare has the right to cancel all subsequent orders from any such customers. For purposes of this Agreement, reselling is defined as purchasing or intending to purchase any Merchandise from Blavia Skincare for the purpose of engaging in a commercial sale of that same Merchandise with a third party.
- Previous Fraudulent Order History. Blavia Skincare may refuse to accept any order for Merchandise if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We also may refuse any orders connected with a previous credit card dispute. If Blavia Skincare rejects your order because of an error in pricing or other information about the Merchandise, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant Merchandise once the information in the order is validated. If we do not receive a response from you within seven days, Blavia Skincare may cancel the order.
- Please note that while we have tried to accurately display the colors of Merchandise, the actual colors you see will depend on your monitor and may not be accurate.
- If a product you purchase does not match the description on the Website, and you are not satisfied with your purchase due to any errors or inaccuracies, as your sole and exclusive remedy you may return the product, unused and in accordance with our return policy to Blavia Skincare, and receive a refund of your purchase price only, excluding shipping costs.
Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart, may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalog may be mispriced. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Blavia Skincare will take one of the following options: (i) If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (ii) if an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience.
Refunds & Shipping Policy
For any questions about returns, refunds, exchanges, cancellations, and shipping please refer to our Refunds and Shipping Policy.
While Blavia Skincare has endeavored to ensure the accuracy of the information accessed via the website and distributed via the newsletter, Blavia Skincare does not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the Website or in the newsletter.
Links to the Website
The Website and the newsletter may contain links to other websites and may on occasion display content or information from other websites within frames of Blavia Skincare to you solely as a convenience. Websites or pages to which the Website or newsletter are linked to are for information only and have not been reviewed by Blavia Skincare. The inclusion of links to other websites does not imply endorsement by Blavia Skincare. Links to other websites are not under the control of Blavia Skincare, and your activities may be governed by other Terms and Conditions and Privacy Policies. Blavia Skincare has no responsibility for the content of the websites or pages linked or linking to the website or the newsletter.
Editing and Deletions
Blavia Skincare reserves the right, at any time in our sole discretion, to review, edit, move or delete, suspend or discontinue the Website, Newsletter or any service, content, feature or product offered, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, Newsletter, or any service, content, feature or product offered through the Website or Newsletter. We encourage you to review the agreement whenever you use the Website and Newsletter.
Use of Electronic Addresses
All electronic addresses of Blavia Skincare and its employees published on the website or in the newsletter are for business purposes only. The publication of those electronic addresses should not be taken as consent by Blavia Skincare and its employees to receiving unsolicited commercial electronic messages not directly related to the website, the newsletter or Blavia Skincare business.
By purchasing Blavia Skincare products online or subscribing to the newsletter, you are consenting to receive electronic communications from Blavia Skincare. You can withdraw your consent by unsubscribing at any time simply by click “unsubscribe” or “manage subscriptions” from the electronic communication.
The website and newsletter are the property of Blavia Skincare. The website and the newsletter, including, but not limited to text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks and other material (“Content”) are protected by copyright, trademarks and/or other proprietary rights. The Content includes both content owned or controlled by Blavia Skincare and content owned or controlled by third parties and licensed to Blavia Skincare. All individual articles, reports, and other elements making up the website and the newsletter may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the website and/or newsletter. Except for the purposes of viewing the website and newsletter, you must not copy, adapt or distribute those materials unless you have first obtained our written consent to do so. You may not use any of Blavia Skincare trademarks, trade names or brands without Blavia Skincare’s prior express written consent and you acknowledge that you have no ownership rights in and to any of those names, brands or marks. You agree to notify Blavia Skincare in writing promptly upon becoming aware of any unauthorized access to or use of the website or newsletter by any party or of any claim that the website, newsletter or any of the contents of the website or newsletter infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
Limit of Liability
Blavia Skincare makes no warranties or representation about any content or information on this website or in the newsletter, and to the extent permitted by law exclude, and where law does not permit an exclusion, limit to the extent permitted by law, all: warranties and representations about the currency, accuracy, suitability or reliability of any content or information on the website and newsletter; and liability for any direct, indirect and consequential costs, losses, damages and expenses incurred in any way, including but not limited to that arising from negligence, connected with any use or access to the website or any reliance on information contained on the website and newsletter. Blavia Skincare will not be held responsible for Content provided by third parties. Blavia Skincare is also not responsible for the reliability or continued availability of the telephone lines and/or equipment you use to access the website and newsletter. Blavia Skincare does not warrant that the website or newsletter are compatible with your computer equipment or that the website, the newsletter or their servers are free of errors or viruses, worms etc. and Blavia Skincare is not liable for any damage you may suffer as a result of such destructive features. ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE, THE NEWSLETTER OR THE INFORMATION ON THE WEBSITE OR IN THE NEWSLETTER, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITIONS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, BLAVIA SKINCARE RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Termination of Access to the Service
Blavia Skincare has the right to terminate or suspend your ability to access the website and /or your subscription to the newsletter, for any or no reason if in our sole judgment you fail to comply with any term or provision of the Agreement. The termination may proceed without providing any notification. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
You may not, while using the Websites request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person’s account; disguise the origin of user communication; alter, modify, frame, or “mirror” any Content; create a deep-link to any of our Websites by bypassing a Website’s home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Websites; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Websites or interrupt any user’s experience on the Websites, including, but not limited to, acting in any manner that disrupts users’ real-time exchanges; interfere with or disrupt the Site, or servers or network connections to the Site, disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Websites; or attempt to gain unauthorized access to the Websites (or any portion thereof). Blavia Skincare reserves the right to take any action it reasonably deems necessary to cure or prevent any violation, including without limitation, the immediate removal from the Websites of any alteration or modifications therein.
The Website and Newsletter have been designed to provide general information about Blavia Skincare and its business and to offer the opportunity to purchase Blavia Skincare products & receive regular information and updates on Blavia Skincare products. The information provided on the Website and Newsletter is not intended to provide medical advice. Users of the Website and Newsletter should be aware that no regulatory agency has deemed the products described herein to be effective or intended to diagnose, treat, cure or prevent any disease. Please consult your health care provider for medical advice.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Informal Dispute Resolution
- Blavia Skincare at: 2200 NW 102nd Avenue. Ste. 05. Miami, FL 33172
- You at: your last-used billing address or the billing and/or shipping address in your online profile.
This website and the newsletter and their use are governed by the laws of the State of Florida, without regard to principles of conflict of laws, except for the Arbitration Agreement hereby stated, which shall be governed by the Federal Arbitration Act.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Blavia Skincare expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending a letter requesting arbitration to Blavia Skincare to 2200 NW 102nd Avenue. Ste. 05. Miami, FL 33172. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Blavia Skincare waives its right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually-agreed location. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Websites ends.
In lieu of arbitration, either you or Blavia Skincare may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
The foregoing Terms and Conditions govern all transactions between you and Blavia Skincare through our Websites and newsletter and supersede all prior agreements and representations. Headings are for reference purposes only and in no way, define or limit the scope of the section. The failure of Blavia Skincare to act with respect to a breach of the Terms and Conditions by you or others does not constitute a waiver and shall not limit Blavia Skincare’s rights with respect to such breach or any subsequent breaches. The waiver of any provision of these Terms and Conditions document shall not be considered a waiver of any other provision or of Blavia Skincare’s right to require strict observance of each of the terms herein. This document constitutes the entire agreement between us relating to your use of the Websites.
YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS MEANS YOU ACCEPT THE CHANGES.
Updated: September 19th, 2019