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Welcome to The Aesthetic Sense Web Site ("Site").
Please review the following basic terms that govern your use
of and purchase of products from our Site. Please note that
your use of our Site constitutes your agreement to follow
and be bound by those terms (the "Agreement").
GENERAL
We may from time to time change the terms that govern your
use of our Site. Your use of our Site following any such change
constitutes your agreement to follow and be bound by the terms
as changed.
We may change, move or delete portions of, or may add to,
our Site from time to time.
SITE CONTENTS
Unless otherwise noted, all materials, including images, designs
and written and other materials that appear as part of this
Site (collectively, the "Contents") are copyrights,
trademarks and/or other intellectual properties owned, controlled
or licensed by The Aesthetic Sense Ltd. (“The Aesthetic
Sense”) You may download or copy the Contents and other
downloadable materials displayed on the Site for your personal
use only. No right, title or interest in any downloaded materials
or software is transferred to you as a result of any such
downloading or copying. You may not reproduce (except as noted
above), publish, transmit, distribute, display, modify, create
derivative works from, sell or participate in any sale of,
or exploit in any way, in whole or in part, any of the Contents,
the Site, or any related software. You agree that The Aesthetic
Sense may use and/or disclose information about your demographics
and use of the Site in any manner that does not reveal your
identity.
THE AESTHETIC SENSE’S COMMUNICATIONS TO YOU
You agree that The Aesthetic Sense may send electronic mail
to you for the purpose of advising you of changes or additions
to this Site, about any of The Aesthetic Sense’s products
or services, or for such other purpose(s) as The Aesthetic
Sense deems appropriate.
SHIPPING
Shipping and handling will be calculated and added to bill
at purchase time.
SALES TAXES
The Aesthetic Sense shall automatically charge and withhold
the applicable sales tax for orders to be delivered to addresses
within New York State. Each customer shall be solely responsible
for all sales taxes, or other taxes, on orders shipped to
any other state.
DISCLAIMER
Seller hereby expressly disclaims all warranties either expressed
or implied warranty of merchantability or fitness for a particular
purpose. This disclaimer by the seller in no way affects the
terms of the manufacturer’s warranty if any. Title to
goods herein being purchased is retained by the seller until
goods are paid for by the purchaser and at that time title
passes to purchaser, upon receipt of goods. If goods herein
being purchased are being purchased for purposes of export,
purchaser must obtain from the Federal Government certain
export documentation before shipping to a foreign country.
In addition, manufacturers’ warranties for exported
goods may vary or even be null and void. If you have any questions,
please inquire. Any and all liability is only for the products
purchased. You agree that the sole and exclusive maximum liability
to The Aesthetic Sense arising from any product sold on the
The Aesthetic Sense site shall be the price of the product
ordered. In no event shall The Aesthetic Sense, its directors,
officers, employees or other representatives be liable for
special, indirect, consequential, or punitive damages related
to product sold.
RETURN POLICY
Returns or exchanges must be made within ten (10) days of
your invoice date. All returned/exchanged merchandise must
be in original condition, and must include all packaging materials
and original invoice. We do not refund shipping charges. Please
ship your parcel back to us prepaid and insured by UPS, Federal
Express or Parcel Post. We cannot accept C.O.D. shipments.
For all returns you must contact our returns department via
email for a Return Merchandise Authorization (RMA) number
at returns@theaestheticsense.com.
INACCURACY DISCLAIMER & TYPOGRAPHICAL ERRORS
From time to time there may be information on the Site that
contains typographical errors, inaccuracies, or omissions
that may relate to product descriptions, pricing, and availability.
We reserve the right to correct any errors, inaccuracies or
omissions and to change or update information at any time
without prior notice (including after you have submitted your
order). We apologize for any inconvenience this may cause
you. In the event a product is listed at an incorrect price
or with incorrect information due to typographical error or
error in pricing or product information received from our
suppliers, The Aesthetic Sense shall have the right to refuse
or cancel any orders placed for product listed at the incorrect
price. The Aesthetic Sense shall have the right to refuse
or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card
has already been charged for the purchase and your order is
canceled, The Aesthetic Sense shall immediately issue a credit
to your credit card account in the amount of the charge. Before
you act on information you've found on the Site, you should
confirm any facts that are important to your decision. The
Aesthetic Sense makes no warranty as to the reliability, accuracy,
timeliness, usefulness or completeness of the information
on the Site.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Aesthetic
Sense, its affiliates, and its officers, directors, employees,
agents, licensors and suppliers, from and against any and
all losses, expenses, damages and costs (including reasonable
attorneys' fees) resulting from any violation of this Agreement
or any activity related to your account (including negligent
or wrongful conduct) by you or any other person accessing
the Site using your account.
MISCELLANEOUS
The Aesthetic Sense is not responsible for, and cannot guarantee,
the timely performance of shipping vendors once your order
is shipped from our offices. The Aesthetic Sense is not responsible
for any damage caused to your order by you or any other third
party, including calligraphers, once your order is shipped
from our offices. This Agreement shall be construed in accordance
with the laws of the State of New York, without regard to
any conflict of law provisions. By using this Site, you consent
to the exclusive jurisdiction of the state and federal courts
located in Westchester County, New York, in all disputes arising
out of or relating to this Agreement or use of this Site.
In the event that any portion of this Agreement is found to
be invalid or unenforceable for any reason, such invalidity
or unenforceability shall not affect the enforceability or
validity of any other portion of this Agreement, which shall
remain in full force and effect and be construed as if the
invalid or unenforceable portion were not part of the Agreement.
DISCLAIMER OF WARRANTIES AND LIABILITY
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE
THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES
OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS,
INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU
RELY ON THE SITE OR ANY MATERIAL AVAILABLE THROUGH THE SITE,
YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED
FROM OR OTHERWISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS
AVAILABLE. THE SITE, THE AESTHETIC SENSE, AND ITS AFFILIATES,
AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY,
COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE
THROUGH THE SITE, NOR DO THEY GUARANTEE THAT THE SITE WILL
BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER
NO CIRCUMSTANCES SHALL THE SITE, THE AESTHETIC SENSE, OR ITS
AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SITE, INCLUDING,
WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL,
INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, THE LIABILITY OF THE SITE, THE AESTHETIC
SENSE, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED
TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE
THAT THE LIABILITY OF THE SITE, THE AESTHETIC SENSE, AND ITS
AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY
KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE SHALL
NOT EXCEED THE AMOUNT YOU PAID TO THE AESTHETIC SENSE FOR
THE USE OF THE SITE.
TERMINATION
This Agreement is effective unless and until terminated by
either you or The Aesthetic Sense. You may terminate this
Agreement at any time. The Aesthetic Sense also may terminate
this Agreement at any time and may do so immediately without
notice, and accordingly deny you access to the Site, if in
The Aesthetic Sense's sole discretion you fail to comply with
any term or provision of this Agreement. Upon any termination
of this Agreement by either you or The Aesthetic Sense, you
must promptly destroy all materials downloaded or otherwise
obtained from this Site, as well as all copies of such materials,
whether made under the terms of this Agreement or otherwise.
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