TERMS OF USE

 New Blissful Cosmetics, LLC (“New Blissful”) owns and operates this website, www.newblissfulcosmetics.com (“newblissfulcosmetics.com” or “site”).  Please read these Terms of Use before using the New Blissful site or services.  By visiting newblissfulcosmetics.com and using this online cosmetics ordering service, you agree to these Terms of Use as a binding legal agreement between you and New Blissful without limitation or qualification.  If you do not agree to these Terms of Use, then you may not use the New Blissful site.

New Blissful reserves the right at any time and without notice to change these Terms of Use simply by posting such changes on the site.  Any such change will be effective immediately upon posting.  You agree that each visit you make to the site shall be subject to the then-current Terms of Use.  You agree to periodically re-read these Terms of Use so that you are aware of any changes to the Terms of Use.

By continuing to use the New Blissful site, now or following any modifications to the Terms of Use, confirms that you have read, accepted, and agreed to be bound by the Terms of Use and any such modifications.  You agree that your continued use of the site and your receipt or use of data, content, and/or services through the site constitutes reasonable and valuable consideration, the receipt and sufficiency of which are acknowledged, to support these Terms of Use.

Ordering Information

New Blissful accepts Visa, Mastercard, American Express, or Discover.  New Blissful ships products via the United States Postal Service Priority Mail with Delivery Confirmation ONLY within the forty-eight contiguous states of the United States.  There is a $5.30 flat rate shipping fee.  All products are made fresh so please allow up to two (2) weeks for receipt of your order.  All orders will be charged five percent (5%) for Virginia Sales Tax.

Return Policy

If you are unsatisfied with your product, you must return the UNUSED product within ten (10) days of receipt.  You must include your original purchase receipt with the items(s) you are returning.

New Blissful will NOT accept returns for color variations caused by online display.  Refunds will be credited to the original credit card use for payment.

•  Item(s) must be unopened and unused and in original manufacturer packaging, if applicable. We cannot accept returns for any item that has been opened/used. A refund will not be issued for any return/exchange that has been used.

•  New Blissful Cosmetics inspects all returns and reserves the right to refuse credits on damaged, misused, or non-resalable items.  If an item is received in error and is returned to us in used condition, customers will be charged for the used item(s).

•  Pack and seal your return securely (in the original package if possible) and include a copy of invoice with details for return.  Packages must be returned, prepaid unless otherwise specified.

We recommend shipping your return with a service that provides tracking and insurance as we are not responsible for any packages lost in transit.  All returns should be mailed to:

New Blissful Cosmetics, LLC

Returns

P.O. Box 7762

Henrico, VA 23231

Color Information

While New Blissful has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.  NEW BLISSFUL WILL NOT ACCEPT RETURNS FOR COLOR VARIATIONS CAUSED BY ONLINE DISPLAY.

If you prefer to order over the phone instead of the website, or if you need products we carry that are not listed on the site, please call New Blissful at 1-888-616-5999.  We would be happy to assist you with any questions you may have.

Restrictions on Use of New Blissful Materials

 

The New Blissful site, including, but not limited to, the text, content, photographs, images, video, audio, graphics, and any software (including data or images incorporated into, generated by, or accompanying the software) available on or through the site or contained on the site (“Materials”) are owned and operated by New Blissful or its partners.  The Materials are protected by copyright, trademark, trade secret, domain name, patent, and/or other proprietary rights and by federal and state laws.  Unless otherwise indicated on the New Blissful site and except for the trademarks, service marks, and trade names of other companies that are displayed on the site, all trademarks, service marks, and trade names are proprietary to New Blissful.  You agree to abide by all applicable intellectual property laws and any additional notices or restrictions contained on the site.  You acknowledge that unauthorized use of the Materials or modification thereto is a violation of New Blissful’s trademark, copyright, trade secret, and other proprietary rights.

Except as provided in these Terms of Service, you may not copy, reproduce, republish, upload, post, transmit, or distribute the Materials in any way.  You may not access the site manually or with any robot, spider, web crawler, extraction software, or other automated process or device to scrape, copy, or monitor any portion of the site or any Material on the site.  You may view the New Blissful site and download, email, share via social networking, or print individual pages from the site, in accordance with these Terms of Use and solely for your own personal, non-commercial use.  You agree that in doing so, you will not remove any trademark, copyright, or other notice contained on such pages.  You acknowledge that New Blissful may revoke permission to use the site in this manner at its discretion at any time for any or for no reason.  Nothing on the site shall be construed as granting in any way any license or right to use any of the Materials or other proprietary content in any other way without the express written permission of New Blissful.  New Blissful reserves any rights not expressly granted in these Terms of Use.

You acknowledge that third-party service providers or vendors may impose additional terms and conditions of use set forth on such third party’s website.  Your use of Materials provided by such third parties is also subject to their additional terms and conditions of use.

Copyright and Trademark/Service Mark Notice

 

Unless otherwise noted, all Materials are owned, licensed, or controlled by New Blissful or other third party credited as the provider of the Materials.  You shall not sell, license, rent, modify, copy, reproduce, distribute, display publicly, publish, edit, reverse engineer, or create derivative works from any Materials or otherwise transfer any Materials to any third person without the express written permission of New Blissful or the appropriate third party who provided the Materials.

Unless noted otherwise, all trademarks, service marks, domain names, and trade dress displayed on the site, registered and unregistered, are owned by New Blissful and are protected by state, federal, and international trademark laws, as well as unfair competition and other laws.  New Blissful marks, names, logos, and trade dress include, but are not limited to, newblissfulcosmetics.com site and trade dress.  New Blissful marks, names, logos, and trade dress include, but are not limited to the NEW BLISSFUL COSMETICS servicemark.  The use or misuse of these marks or any other Materials, except as permitted in these Terms of Use, is expressly prohibited.

New Blissful actively and aggressively enforces its intellectual property rights.

Procedure for Making a Claim of Copyright Infringement

 

New Blissful respects the intellectual property rights of others.  If you believe that your copyrighted work has been copied and is accessible on the New Blissful site, please contact the New Blissful Copyright Agent with the following information:

·         Identification of the copyrighted work(s) you claim to have been infringed;

·         Identification of the material you claim to be infringing or to be the subject of infringing activity on the New Blissful site that is to be removed or access to which is to be disabled, along with information reasonably sufficient to permit New Blissful to locate the material;

·         Information reasonably sufficient to permit New Blissful to contact the party complaining of infringement;

·         A statement that the complaining party has a good-faith belief that the use of the material in the particular manner is not authorized by the copyright owner, its agent, or the law;

·         A statement that the information provided in the notification to New Blissful is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive copyright that is alleged to have been infringed; and

·         A signature (physical or electronic) of a person authorized to act on behalf of the owner of an exclusive copyright that is alleged to have been infringed.

Please contact:

New Blissful Cosmetics, LLC

ATTN: Copyright Agent

P.O. Box 7762

Henrico, VA 23231

info@newblissfulcosmetics.com

Privacy Policy

 

New Blissful’s Privacy Policy is located here .  The terms of that Policy are incorporated into this document by reference.  You acknowledge and agree to be bound by the terms of the Privacy Policy.

Links to Third Party Websites

 

The New Blissful site may offer links to other websites, which may or may not be affiliated with New Blissful.  Such sites may be created, sponsored, and/or maintained by third parties.  New Blissful is not responsible for the contents of any website pages created, sponsored, and/or maintained by any third party independent of New Blissful.  You agree that you visit any such website pages at your own risk.  New Blissful have no control over such third-party website pages and do not guarantee the accuracy, completeness, or timeliness of the information on such sites.  You agree that your use of such information is voluntary.  No reference to commercial products or services within any such third-party website pages constitutes or implies an endorsement or recommendation by New Blissful.

New Blissful does not guarantee the security of any information transmitted through or stored on such third-party sites.  You provide information to such third parties at your own risk.  New Blissful makes no guarantees, representations, or warranties as to, and shall have no liability for any content delivered by any third party or for any use of personal information you provide to any such third party.

DISCLAIMER OF WARRANTIES

THE MATERIALS, PRODUCTS, AND SERVICES PROVIDED TO YOU ON THE SITE AND BY THE ONLINE COSMETIC ORDERING SERVICE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  NEW BLISSFUL ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, SUITABILITY FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION AND MATERIALS PROVIDED BY THE SITE OR THE ONLINE COSMETIC ORDERING SERVICE.  NEW BLISSFUL ASSUMES NO RESPONSIBILITY THAT THE SITE OR THE ONLINE COSMETIC ORDERING SERVICE WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED OR THE SITES OR THE SERVER THAT MAKE NEWBLISSFULCOSMETICS.COM AND THE ONLINE COSMETIC ORDERING SERVICE AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPENENTS.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSION MAY NOT APPLY TO YOU.  YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS, AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU UNDERSTAND AND EXPRESSLY AGREE TO USE NEWBLISSFULCOSMETICS.COM AND THE ONLINE COSMETIC ORDERING SERVICE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND THE ONLINE COSMETIC ORDERING SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NEW BLISSFUL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE AND THE ONLINE COSMETIC ORDERING SERVICE, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH NEWBLISSFULCOSMETICS.COM OR THE ONLINE COSMETIC ORDERING SERVICE, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF NEW BLISSFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NEW BLISSFUL PROVIDES AN ONLINE COSMETIC ORDERING SERVICE THROUGH NEWBLISSFULCOSMETICS.COM, BUT IS NOT RESPONSIBLE FOR THE MANUFACTURING OF THE COSMETICS.  THE COSMETICS MANUFACTURER PINNACLE COSMETICS, INC. IS SOLELY RESPONSIBLE FOR ANY MANUFACTURING PROBLEMS OR DEFECTS IN THE COSMETICS PRODUCTS.

Limitation of Liability

 

IN NO EVENT SHALL NEW BLISSFUL OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, NEWBLISSFULCOSMETICS.COM OR THE ONLINE COSMETIC ORDERING SERVICE, EVEN IF NEW BLISSFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL NEW BLISSFUL HAVE ANY LIABLILITY FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) FOR ACCESSING OR USING NEWBLISSFULCOSMETICS.COM OR THE ONLINE COSMETIC ORDERING SERVICE OR PURCHASING PRODUCTS OF A THIRD PARTY THROUGH NEWBLISSFULCOSMETICS.COM.

NEW BLISSFUL ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO NEWBLISSFULCOSMETICS.COM.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.  THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU ARE NOT SATISFIED WITH NEWBLISSFULCOSMETICS.COM OR THE ONLINE COSMETIC ORDERING SERVICE OR YOU DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE ONLINE COSMETIC ORDERING SERVICE.

User Content and Interactive Areas; Use of the Site

You agree that your use of the site and New Blissful’s online cosmetic ordering service is subject to and shall comply with all applicable local, state, and federal laws and regulations. You further agree that you will not engage in any use prohibited by these Terms of Use.

In using the site and New Blissful’s online cosmetic ordering service, you agree:

·         to comply with all applicable local, state and federal laws, regulations, and rules concerning online conduct and acceptable materials;

·         not to use the site to post any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material;

·         not to use the site or the online cosmetic ordering service if you are under the age of 13;

·         not to access the site or the online cosmetic ordering service using a third party’s account;

·         not to use the site or the online cosmetic ordering service for illegal purposes;

·         not to use the site to infringe on any intellectual property or other proprietary rights on the site or with respect to the content on the site;

·         not to interfere with any other person’s use and enjoyment of the site or the online cosmetic ordering service;

·         not to attempt to gain unauthorized access to other computer systems from or through the site;

·         not to upload or transmit viruses or other harmful, disruptive or destructive files or disrupt, interfere with, or otherwise harm or violate the security of the site or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the site; and/or

·         not to engage in any other activity prohibited by these Terms of Use.

Your Account

 

Users may find ordering faster if they create a New Blissful account.  To register and create an account, you must select a unique account name and password.  You must also provide certain personal information.  You agree to provide true, accurate, current, and complete information as prompted by the registration form on the site.  If you provide, or if New Blissful has reason to suspect that you have provided, information that is untrue, inaccurate, not current, or incomplete, New Blissful may refuse all current or future use of the site and/or services by you.

You are solely responsible for maintaining the confidentiality and security of your account and password.  You agree that you are fully responsible for all activities that occur under your password or account as well as for any actions taken in connection with your account or your password.  You agree to immediately notify New Blissful if you know of or suspect any instances of unauthorized use of your account or your password or breach of security (including the loss, theft, or unauthorized disclosure of your password or credit card information).  You agree to exit from your account at the end of each session.  New Blissful shall not liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with this section of these Terms of Use.  Nor shall New Blissful be liable for any acts or omissions by you or another person using your account and/or your password.

Operation of the Site and Services

 

New Blissful reserves the right, in its sole option and discretion, to modify, suspend, or discontinue at any time, with or without notice, the site and/or the online cosmetic ordering service offered through newblissfulcosmetics.com.

Indemnification

 

You agree to indemnify and hold harmless New Blissful and its parents, subsidiaries, affiliates, officers, directors, employees, agents, and other representatives harmless from any claim, demand, or damage, including attorneys’ fees and costs, made by anyone in connection with your use of newblissfulcosmetics.com or of the online cosmetic ordering service, any user content submitted by you, your violations of these Terms of Use, and any other of your acts or omissions relating to the site and online cosmetic ordering service.

Miscellaneous

 

Survival – Any rights or obligations contained in these Terms of Use that by their nature should survive termination of your use of the site or the online cosmetic ordering service shall survive, including, but not limited to, representations, warranties, intellectual property rights, and indemnity obligations.

Legal and Equitable Relief – New Blissful reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use.  In the event of any violation or threatened violation of these Terms of Use, New Blissful shall be authorized and entitled to obtain, from any court of competent jurisdiction, preliminary and permanent injunctive relief, as well as an equitable accounting of all profits or benefits arising out of such violation, which right and remedies shall be cumulative and in addition to any other rights or remedies to which New Blissful may be entitled.  New Blissful reserves the right to block access to the site from a particular Internet address.

Severability – If any provision or part of any provision of these Terms of Use is found to be invalid or unenforceable by any court or other competent body, that provision or part shall be enforced to the maximum extent permissible and such invalidity or unenforceability shall not affect the other provisions (or parts thereof) of these Terms of Use, and such other provisions (and parts thereof) shall remain in full force and effect.

Waiver – If New Blissful fails to exercise a right or remedy that it has or that arises in relation to these Terms of Use, such failure shall not prevent New Blissful from exercising that right or remedy subsequently in respect of that or any other incident.  A waiver of any breach or provision of these Terms of Use shall be effective only if it is made in writing and signed on behalf of New Blissful.  Any waiver of a breach of any provision of these Terms of Use shall not be deemed a waiver of any subsequent breach and shall not affect the enforceability of any other provision of these Terms of Use.

Governing Law – These Terms of Use and all matters arising out of them shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to principles of conflicts of laws.  You agree that any disputes arising out of these Terms of Use shall be determined by the federal and state courts of the Commonwealth of Virginia.  You expressly consent to be subject to the personal jurisdiction of the federal and state courts of Virginia to determine any aspect of these Terms of Use, including its enforcement.

Integration – These Terms of Use, including the Privacy Policy, the terms of which are incorporated herein, set out all of the terms agreed between you and New Blissful relating to the subject matter of these Terms of Use and supersede any and all prior and contemporaneous communications or agreements relating to its subject matter.

No Party a Drafter; Titles and Subtitles – No party will be considered to be the drafter of these Terms of Use or any provision hereof for the purpose of any statute, case law, or rule of interpretation or construction that would or might cause any provision to be construed against the drafter hereof.  The titles and subtitles used in these Terms of Use are for convenience only and are not to be considered in construing or interpreting these Terms of Use.

Link to the Privacy Policy.