TERMS AND CONDITIONS

USE OF THIS WEBSITE:

This website www.dhemys.com is owned and operated by Dhemys Cosmetics for your personal and non-commercial use and information. Your use of this Site is subject to the following terms and conditions of use and sale and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms. If you do not agree with any of the Terms and Conditions, please do not use this Site.

The Company reserves the right to change, modify, alter, add, remove or otherwise update the Terms (or any portion thereof) applicable to this Site without prior written notice at any time, and from time to time, at the Company’s sole discretion. We will notify you of any such changes, modifications, alterations or updates to this Site by posting notice of same on this Site. Following the posting of any such notice, your continued use of this Site will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies.

The terms “we”, “us”, and “our” used in these Terms also refers to the Company.

ACCEPTABLE USE POLICY

As a condition of your use of this Site, you hereby represent and warrant to the Company that you:

  • Will only use this Site for lawful purposes in accordance with these Terms and Conditions and our online Privacy Policy.
  • Agree to honour our intellectual property rights.
  • Agree to provide us with accurate information as necessary for the proper conduct of our Site and to take responsibility for the information you provide.
  • Acknowledge that we may be unable to process and shall have no responsibility to process requests the accuracy of which we cannot validate.
  • Agree not to create a link (other than personal “bookmark” or “favorites” entry) to our Site without first obtaining our written permission.
  • Will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any e-mail or form entry created through this Site.
  • Shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of these Terms.

PRIVACY

Our privacy practices respecting the information we collect during your visit to this Site are explained in our Privacy Policy, the terms of which are hereby incorporated herein by reference. Your continued use of this Site implies that you acknowledge that you have read our Privacy Policy and agree to its terms, and that you consent to our use of your personal information and the content which you provide us through our Site and any social networking pages, in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.

NO USE BY MINORS

This Site is intended for use by adults only. If you use this Site to purchase Products, you represent that you are of legal age to enter into any purchase agreement through this Site and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this Site on your behalf and you should not use the Site on your own or provide any personal information to the Company. The Company does not knowingly collect information from children under the age of 13.

PRODUCT PURCHASES AND USER ACCOUNT

If you register on the Site for the purchase of Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.

PRODUCT INFORMATION AND AVAILABILITY

Products which may be purchased from this Site are available for sale and distribution to customers in Canada, the continental United States (excluding Alaska), and International countries we ship to only. The Company attempts to be as accurate as possible in describing all Products available for sale and/or distribution by the Company. However, the Company does not warrant that Product descriptions or other content of this Site are accurate, complete, reliable, current or error-free. Please note that because the colours of the Products you see will depend on your monitor, the Company cannot guarantee that your monitor will display the exact actual colour of a Product displayed.

The availability of certain Products may be limited, and Products may not be available for immediate sale. The Company may revise or cease to make available any Products at any time without prior notice. In the event that the Company is unable to deliver to you a Product ordered due to lack of availability, the Company will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that the Company may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.

PRODUCT ORDERS

Before submitting an order for the purchase of Products using this Site, you will be shown an order confirmation place order screen describing the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order, such order will constitute an offer from you to the Company to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on the Company until accepted by the Company. The Company’s acceptance of your order is evidenced by return e-mail from the Company indicating that your order has been accepted.

U.S. and all international orders shall be exempt from payment of Canadian federal goods and services taxes and any applicable provincial sales taxes, and other Canadian taxes and duties associated with a product order.

PAYMENT TERMS

Terms of payment for any Products purchased through this Site shall be determined at the Company’s sole discretion. Payment shall be made by Credit Card and PayPal.

SHIPPING AND TAXES

The Company will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by the Company are estimates only. The Company shall not be responsible for any damages or costs resulting from any delays in delivery.

Unless otherwise stated, all prices quoted do not include shipping and handling charges and applicable federal, state and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Canadian customers are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order International orders shall be exempt from payment of Canadian federal goods and services taxes and any applicable provincial sales taxes, and other Canadian taxes and duties associated with a Product order.

OWNERSHIP; RISK OF LOSS

All Product(s) purchased from the Company are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by the Company of the Product(s) to the third party delivery company.

RETURNS

All Product returns are subject to the Company Return Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.

INDEMNIFICATION

By using this Site you hereby agree to indemnify, defend and hold harmless the Company from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Company in connection with any claim arising out of, based upon or resulting from your use of the Site. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.

DISCLAIMER AND LIMITATIONS

Disclaimer.  WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THIS SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SITE OR LINKED TO BY THIS WEBSITE.  WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability.  IN NO EVENT SHALL DHEMYS COSMETICSBE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, DHEMYS COSMETICS’S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

ALL PRODUCTS SOLD BY DHEMYS COSMETICS ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS.  ACCORDINGLY, DHEMYS COSMETICSMAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS EXPRESSLY STATED HEREIN.  DHEMYS COSMETICS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

COPYRIGHTS AND TRADEMARKS

Material on this Site, including but not limited to texts, images, illustrations, articles, photographs are owned or otherwise provided by the Company, and the Company does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this Site is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international conventions and treaties. The Company is the owner of the copyright in the entire Site and, consequently, the material on this Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever.

YOUR MATERIAL

The Company is not responsible for any text, image, video, audio, or any information, content or other materials you may introduce into or post through this Site or any other Company websites including any Company pages on social networking websites and webpages such as Face book, Twitter or Instagram or YouTube. You acknowledge and agree that your Material does not necessarily reflect the views, ideas or opinions of the Company or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and that we disclaim any and all responsibility for any of your Material. You agree never to knowingly or otherwise introduce or post Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, violates any other party’s proprietary rights, promotes hatred or otherwise gives rise to a criminal offence or civil liability on the part of any person or entity or is otherwise unlawful or in contravention of applicable laws and regulations. You hereby agree to defend and hold the Company harmless against all claims, damages, liability, losses or expenses resulting from or related to your Material. The Company reserves the right to edit, alter or delete any Material at any time without prior notice. All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.

YOUR OFFLINE CONDUCT / MATERIAL

DHEMYS COSMETICS cannot monitor the conduct of its users of the Website, it is a violation of this Agreement to use any information obtained from our website in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

DISPUTE RESOLUTION

You acknowledge and agree that any dispute that may arise between you and the Company in respect of these Terms and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the province of Ontario and you hereby irrevocably submit to the personal and exclusive jurisdiction and venue of these courts.

JURISDICTION AND GOVERNING LAWS

The Company makes no representation that materials, information or Products provided on or through this Site are appropriate or available for use in other locations or jurisdictions than Canada. Those who choose to access this Site from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This Site is controlled and operated by the Company from Ontario, Canada and these Terms, this Site, any use of this Site and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

LANGUAGE

These Terms and any supporting or ancillary documents are drafted solely in English.

REPORTING

If you see objectionable content or have any questions about this terms and conditions please contact DHEMYS COSMETICS at info@dhemys.com