Terms and Conditions
Effective Date: April 24, 2024
Welcome to www.lashedose.com and our related websites that link to these Terms (collectively, the “Website”). These terms and conditions (the “Terms”) govern your use of the Website and Lashdose's services, applications, and content (collectively, the “Site”) and your purchase, receipt, or use of our cosmetics or other products made available through the Site (collectively, the “Product(s)”).
PLEASE READ THESE TERMS CAREFULLY BECAUSE YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE, OR PURCHASE, RECEIVE OR USE OUR PRODUCTS.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Lashdose reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will provide notice of such changes, such as by sending you an email notification or providing notice through the Site. By continuing to access or use the Site in any way after such notice has been provided, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Products. If you do not agree to the revised Terms, you are free to reject them, but in that case you may not access or use the Site or order, receive or use the Products.
How The Contract Is Formed Between You And Us
Upon placing an order, you will receive an email acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are contingent upon availability and acceptance by us. We will confirm acceptance by sending you an email indicating that the product has been dispatched (referred to as the "Dispatch Confirmation"). The Contract between us ("Contract") will be established only upon sending you the Dispatch Confirmation.
We will not proceed with processing your order until full payment has been received in accordance with clause 7.Should you make an error in your order, you may have the opportunity to rectify mistakes via email prior to order processing. Once your order has been processed, any amendments become unattainable. In the event that your order has already been dispatched, kindly adhere to our Returns Policy for Product returns.The Contract will solely pertain to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We hold no obligation to provide any additional Products that may have been included in your order until their dispatch has been individually confirmed in a separate Dispatch Confirmation.We reserve the right to reject any order placed by you, without obligation to provide reasons. Upon making a request, you assert that all details provided to us for goods or services are truthful and accurate, that you are an authorized user of the credit or debit card utilized for your request, and that sufficient funds are available to cover the cost of the goods and services. It is your responsibility to promptly inform us of any changes to these. Price and Payment Price The price payable for the Products shall be as displayed on the Website. Prices advertised on the Website include USD GST but exclude delivery charges. Delivery charges are presented separately during the ordering process and must be paid in advance. Payment You agree to make payment via the methods specified on the Website. Payment shall not be considered complete until we have received cleared funds for the full amount stated in the order. Price Changes Prices are subject to change without prior notice. However, changes will not affect orders that have already been accepted by us. Incorrect Pricing Despite our best efforts, there may be instances where Products listed on our site are incorrectly priced. We typically verify prices as part of our dispatch procedures. If a Product's correct price is lower than our stated price, we will charge the lower amount upon dispatch. If a Product's correct price is higher, we may contact you for instructions or reject your order. Pricing Errors We are not obligated to provide Products at an incorrect (lower) price, even after sending a Dispatch Confirmation, if the pricing error is obvious and could reasonably have been noticed by you. Payment Methods Payment for all Products must be made by credit or debit card. We accept Visa, Visa Debit, Mastercard, and payments via PayPal. Promotion Codes Only one promotion code can be used per order. Account Creation; Eligibility. You may use the Site only if you can form a binding contract with Lashdose, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. In order to purchase from the Site you must complete the registration process to obtain a user account. You will be required to provide your name and e-mail address. You must provide complete and accurate information about yourself during the registration process and you have an ongoing obligation to update this information if and when it changes. We will handle your information consistent with ourPrivacy Policy, which is incorporated into these Terms by reference. When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact Lashdose immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless Lashdose from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow the Terms and your registration constitutes your consent to enter into agreements with us electronically. Paying for the connectivity and data plans of your computer devices is your responsibility. Lashdose has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Site Terms of Sale Service Availability We ship worldwide however some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Shipping & Delivery page. Shipping You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Please refer to our FAQ page for more information regarding shipping. Returns & Exchanges Please refer to our FAQ page for more information regarding returns and exchanges.
Import Duty If you purchase Products from our website for delivery outside of Canada, they may be subject to import duties and taxes imposed by the destination country upon arrival. You are responsible for the payment of any such import duties and taxes. Please be aware that we have no control over these charges and cannot anticipate their amount. We advise contacting your local customs office before placing your order to obtain further information regarding potential duties and taxes. Additionally, it is your responsibility to comply with all applicable laws and regulations of the country to which the products are being shipped. We will not be held liable for any breach of such laws by you.
Please ensure to familiarize yourself with import regulations and tax policies of your country before proceeding with your order.
Product Disclaimer All Products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Site before using or relying on them. Your physician or health care practitioner should address all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Lashdose does not give or intend to give any answers to medical-related questions. The Products available on the Site, including any samples Lashdose may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Lashdose. Lashdose reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of this Agreement, as determined by Lashdose in its sole discretion. Except where prohibited by law, Lashdose may limit the number of Products available for purchase.
Written Communications In accordance with applicable laws, certain information or communications that we send to you must be in writing. By using our website, you acknowledge and accept that communication with us will primarily be conducted electronically. We will contact you via email or provide information by posting notices on our website. For contractual purposes, you consent to this electronic method of communication, and you acknowledge that all contracts, notices, information, and other communications provided to you electronically by us fulfill any legal requirement for written communication. It's important to note that this condition does not impact your statutory rights.
Security Rules Violations of system or network security may result in civil or criminal liability. Lashdose investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (i) accessing data not intended for you or logging on to a Lashdose server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site. No reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability 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. We have the right to change these rules and/or limitations at any time, in our sole discretion. Proprietary Rights As between you and Lashdose, Lashdose is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Lashdose logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “Intellectual Property”) are owned by Lashdose and may be registered in the United States and internationally. You agree not to display or use the Intellectual Property in any manner without Lashdose’s prior written permission. Nothing on the Site should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of Lashdose. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create. User Content;Social Media Agreement We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, TikTok and Pinterest, that are tagged with #Lashdose#LashdoseBeauty or any other Lashdose promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Rhode a perpetual, irrevocable, royalty-free, worldwide, sub licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein, including, without limitation, any minor child) included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to: (a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or (b) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Lashdosewill be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Lashdoses hall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Lashdose retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that: (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you hereby give permission on behalf of any minor children that appear in the User Content, to which you are the legal guardian, to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iv) you are 18 years of age or older; and (v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request byLashdose,you will furnishLashdoseany documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Lashdose and its members, manager, employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party. Lashdose does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Lashdose and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity; or (ii) the use by Lashdose or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Lashdose has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Lashdose acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Lashdose becomes aware of any User Content that allegedly may not conform to these Terms, Lashdosemay investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Lashdose has no liability or responsibility to Users for performance or nonperformance of such activities.Without limiting the foregoing in any way, Lashdose has the absolute right to remove and/or delete without notice any User Content within its control in its sole discretion. You consent to such removal and/or deletion and waive any claim against Lashdose for such removal and/or deletion. Lashdose is not responsible for failure to store posted content or other materials you transmit through the Site. You should take measures to preserve copies of any data, material, content or information you post to the Site or any other sites or platforms. Privacy Policy Notwithstanding anything else to the contrary contained in these Terms, Lashdose's use of any personally identifiable information (name, email, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Lashdose's protection of your personal information, please refer to ourPrivacy Policy.Third Party Links The Site may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”).Lashdose does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Lashdose is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk. Age Restriction You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform. this arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs. Disclaimers and Limitations of Liability Lashdose publishes information on its Site as a convenience to its visitors. While Lashdose attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described on the Site may not be available in your region. Rhode does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions. General These Terms constitute the entire agreement between you and Lashdose and govern your use of the Site, and they supersede any prior agreements between you and Lashdose, provided, however, that these Terms shall be read in conjunction with the “Privacy Policy” as applicable. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. You agree that this Site shall be deemed a passive website solely based in Montreal Canada, which does not give rise to personal jurisdiction ove rLashdose in jurisdictions other than Canada. Lashdose may terminate this agreement and deny you access to the Site at any time, immediately and without notice, if in Lashdose’s sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between Lashdose and you as a result of these Terms or your use of the Site. Any claim or cause of action you may have with respect to Lashdose or the Site must be commenced within one (1) year after the claim or cause of action arose or be forever barred. The failure of Lashdose to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable. You may not assign these Terms nor any of your rights or obligations under these Terms without Lashdose’s express prior written consent. These Terms inure to the benefit of Lashdose’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please email or write to us at: info@lashdose.com