1. Use of Site/Copyrights and Trademarks/Personal and Non-Commercial Use Limitation:

 

The terms, conditions, and notices contained herein are provided to you (“the Buyer/Consumer”) in conjunction with the use of the website, products, and services of MegaLash Studio INC. These terms and conditions are applicable to you upon you accessing the website and/or completing the registration or shopping process. The MegaLash Studio makes no representations or warranties about the completeness or accuracy of this website content.

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You acknowledge that your use of this website and/or election to purchase products or services from the MegaLash Studio constitutes your agreement to all of the terms, conditions, and notices contained herein.  The MegaLash Studio reserves the right to change the terms, conditions, and notices contained herein with or without notice.

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The MegaLash Studio website(s) is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from our website, software, videos, education and training materials, or product packaging without prior written consent from MegaLash Studio INC. All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, is the copyrighted property of MegaLash Studio INC.

ALL RIGHTS RESERVED.

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2. Product Information:

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All prices displayed on the website are quoted in U.S. Dollars.

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If any minor uses any goods or product from MegaLash Studio, it should be only after the legal or parental guardian has discussed the product with the minor's doctor. All material and information presented by MegaLash Studio is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. 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 MegaLash Studio website(s) is not meant to serve as a substitute for professional medical advice: this website(s) is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. MegaLash Studio does not give or intend to give any answers to medical related questions and this website(s) does not replace any medical professional or medical resource. MegaLash Studio does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the website(s).

IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

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The products available on the website and the interactive services, including any samples MegaLash Studio may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from MegaLash Studio. MegaLash Studio 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 cause a violation of these Terms of Use, as determined by MegaLash Studio in its sole discretion.

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3. Indemnification; Limitation of Liability and Disclaimer of Warranties:

 

MegaLash Studio reserves the right to refuse sales and service to anyone for any reason at any time.

 

MegaLash Studio is not liable to you for any incidental damages related to or arising out of your purchase or use of any and all products or services from MegaLash Studio.  MegaLash Studio’s liability to you related to or arising out of your purchase of any and all products or services from MegaLash Studio is limited to the amount of the refund available to you, if any, as set forth above in these Consumer Terms and Conditions.

 

Except as expressly set forth in these Consumer Terms and Conditions, MegaLash Studio makes no warranties to you regarding its products or services.  MegaLash Studio expressly disclaims all implied warranties related to or arising out of your purchase of products of services from MegaLash Studio, including, without limitation, those of merchantability and fitness for a particular purpose.  All products and services sold by MegaLash Studio are sold on an “AS IS, WHERE IS” basis.

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YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MEGALASH STUDIO AND ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, MANAGERS, SHAREHOLDERS, AGENTS, SUBSIDIARIES, AFFILIATES, INDEPENDENT CONTRACTORS, CONSULTANTS, SUBCONTRACTORS, SUPPLIERS AND LICENSORS (HEREINAFTER “MEGALASH STUDIO, ET AL”) HARMLESS AGAINST ANY AND ALL CLAIMS, REQUESTS, ACCUSATIONS, ALLEGATIONS, ASSERTIONS, COMPLAINTS, PETITIONS, DEMANDS, SUITS, ACTIONS, PROCEEDINGS, GOVERNMENTAL INQUIRIES, INVESTIGATIONS, DAMAGES, LIABILITIES, ATTACHMENTS, JUDGMENTS, LOSSES, PENALTIES, FINES, SETTLEMENTS, AND EXPENSES, INCLUDING BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEYS’ FEES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, OF ANY NATURE ARISING OUT OF OR RELATED TO THE USE OR MISUSE OF PRODUCTS OR SERVICES SOLD OR SUPPLIED BY MEGALASH STUDIO, ET AL., INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY OF MEGALASH STUDIO, ET AL.  THIS INDEMNITY IS INTENDED TO APPLY TO ANY THEORY OF RECOVERY INCLUDING, BUT NOT LIMITED TO, CLAIMS OF ACTUAL OR ALLEGED NEGLIGENCE BY MEGALASH STUDIO, ET AL (WHETHER ACTIVE OR PASSIVE, SOLE OR CONCURRENT, SIMPLE OR CROSS, STRICT OR STATUTORY). MEGALASH STUDIO.

 

4. Errors and Inaccuracies:

 

While MegaLash Studio makes every effort to provide current, complete, accurate information on our website, errors or inaccuracies may occur, including price information. In the rare event that there is an error, inaccuracy, or omission, MegaLash Studio reserves the right to correct the issue and change or update information at any time without prior notice. If you placed an order that will be affected by the change, MegaLash Studio reserves the right to contact you for instructions before shipping or cancel your order and notify you about the cancellation. MegaLash Studio reserves the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.

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5. Return/Exchange Policy:

MegaLash Studio will not accept returns for the following:

• Allergic Reactions

• General Dissatisfaction

• Opened/Used products

• Sample Kits

• Products Purchased at Tradeshows

• Products purchased from a salon/stylist carrying MegaLash Studio products

If your product was damaged in transit please email info@megalashstudio.com within 48 hours with picture proof of the damaged item. Once approved a replacement will be sent. 

MegaLash Studio only accepts returns for damaged products bought directly from www.megalashstudio.com. If you have a defective or damaged item purchased from an authorized MegaLash Studio partner, please contact them directly. 

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6. Shipping Policy:

MegaLash Studio is not responsible for any lost or stolen package. All shipping claims will need to be filed by the customer with the shipping company used.

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7. Force Majeure:

 

Notwithstanding any other provision of this Agreement to the contrary, in the event MegaLash Studio is prevented from performing its obligations hereunder as a result of any contingency which is beyond its control (such as any act of God, war, riot, national emergency, terrorist act, general embargo, fire, casualty, equipment failure, flood, earthquake or other similar occurrence) (any such event, a "Force Majeure Event"), MegaLash Studio shall be excused from its inability to perform its obligations hereunder, but only to the extent and for the duration of the Force Majeure Event in question. MegaLash Studio will provide reasonably prompt notice of the occurrence of such Force Majeure Event. Account Holder acknowledges that MegaLash Studio cannot be held liable for postal carrier delivery delays in conjunction with a Force Majeure Event.

 

8. Governing Law/ Construction:

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to the principles of conflicts of laws thereof. The construction and interpretation of this Agreement shall not be strictly construed against the drafter. Any dispute arising under this Agreement shall be settled by arbitration in the State of Illinois in accord with such procedures as may be acceptable to the parties.

 

9. Entire Agreement; Amendment; Waiver; Invalidity:

 

This Agreement, together with any schedules and exhibits attached hereto and made a part hereof, constitutes the entire agreement between the parties as to the subject matter hereof and shall supersede all prior understandings, letters, agreements, contracts and other documents. This Agreement may not be amended except by an instrument in writing signed on behalf of all the parties hereto. No failure or delay by either party to exercise, and no course of dealing with respect to, any right of any such party regarding an obligation of the other party to this Agreement, shall operate as a waiver thereof, unless agreed to in writing by both parties. Any single or partial waiver by either party of any obligation of the other party under this Agreement shall constitute a waiver of such obligation only as specified in such waiver and shall not constitute a waiver of any other obligation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, all of which shall remain in full force and effect.

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