Terms and Conditions

www.lashcottage.com
 

Overview

This website is operated by Lash Cottage. Throughout the site, the terms “we”, “us” and “our” refer to Lash Cottage. These Terms and Conditions apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Lash Cottage offers the use of this website to you, the user, conditioned upon your acceptance of all terms and conditions, stated here.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Acceptance of Terms

Your use of this website constitutes your acceptance of this agreement and these Terms of Conditions. If you do not agree to these Terms of Use, you should not access this website.

Lash Cottage reserves the right to revise and update these Terms of Conditions at any time and without notice. Your continued access of this website after such changes are posted will constitute your acceptance of these changes. You are encouraged to review these Terms each time you use this website. It is your responsibility to check this page periodically for changes, and you can review the most current version of the Terms and Conditions at any time on this page.

Any new features or tools which are added to the current store will also be subject to the Terms and Conditions. By accessing, browsing or visiting our website and/ or purchasing products or services from us, you acknowledge that you have read, understood and agreed to be bound by the following terms and conditions (“Terms”, “Terms and Conditions”, “Terms of Service”, “Service”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. [CL2] 

Our store is hosted by Wix Ltd. (www.wix.com) They provide us with an online e-commerce platform that allows us to sell our products and services to you. Lash Cottage uses Squareup as payment gateways to secure your information and privacy.

 

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

You understand  and consent that any content or information you provide (excluding credit card information) may be transferred through the web unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. For more information, please refer to our Privacy Policy.

The headings used in this agreement are included for convenience only and does not limit or otherwise affect these Terms.
 

Use of Site
You may use the website only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading, or posting of information to the website and are responsible for the consequences of such communications. Any other use(s) of this website will require prior written consent from a qualified representative of Lash Cottage. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the website, in whole or in part.

All users agree not to use the website, and specifically prohibit any use of the site, for any one or more of the following purposes:

• Posting, communicating, or transmitting any material that infringes upon any intellectual property, publicity, or privacy right of another person or entity;

• Posting or submitting any information which is untrue, inaccurate, or not your own;

• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;

• Attempting to interfere or abuse in any way with the Site, or Lash Cottage’s secure areas, system resources, network security, or attempting to use the website’s services to gain unauthorized access to any other computer system or collect or track the personal information of others for any immoral purposes

• Uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet

• Using the website to dropship merchandise to third parties

• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are a parent or guardian at the age of majority in your territory or province of residence and you have given us your prior consent to allow any of your minor dependents to use this website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Personal Information, Registration, and Passwords.
In order to access certain services on the site, you will be required to provide personal information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any passwords provided should be safeguarded at all times. You are responsible for the security of your passwords and will be solely liable for any use or unauthorized use of the Site under such passwords. We may suspend or terminate your access at any time with or without notice. Your submission of personal information through the store is governed by our Privacy Policy.

 

Products or Services

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service, and any offers for any product or service made on this site at any time.

Certain products or services are available exclusively online through the website. These products or services may have limited quantities and are subject to no refunds or return or exchange only according to our Returns and Exchanges Policy[CL4] .

We have made every effort to display the colors and images of our products as accurately as possible as it would appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only.

We reserve the right, to limit the sales or quantities of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

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Taxes
Your total price will include the price of the product plus any applicable provincial/territorial sales tax; such local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in provinces and territories where products/services sold over the internet are taxable.

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Modifications to Services or Prices

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue any service(s) (or any part or content thereof) without notice at any time.

We are not liable to you or to any third-party(ies) for any modification, price change, suspension, or discontinuance of any service.

 

Accuracy of Billing and Account Information

We reserve the right to refuse any order(s) you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we have to make any change(s) to an existing order, we will attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made. We also reserve the right to limit or prohibit any order(s) that, at our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree and consent to provide complete and current, account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please refer to our Returns & Exchanges Policy.

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Accuracy, Completeness, and Timeliness of Information
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are not responsible if information made available on this website is not complete, current, or accurate. [CL7] Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. Use of the website is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
 

Third-Party Links and Optional Tools

Certain content, products, and services available via our service may include materials from third-parties, and we may provide you with access to third-party tools over which we neither monitor nor have any control or input.

Third-party links on this site may direct you to independent third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

You acknowledge and agree that any third-party tools we provide access to on our site are available “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. Lash Cottage does not monitor or have any control or input over these third-party tools and we have no liability whatsoever arising from or relating to your use of these optional third-party tools.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Any use of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

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User Comments, Feedback, and Submissions

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, (collectively referred to as “comments”), that Lash Cottage receives by any users.  We are and shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We reserve the right, but have no obligation to, monitor, edit, or remove content that we determine at our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

By submitting any comments, you agree and confirm that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you, other users of the website or any third-parties.

 

Disclaimer

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable or up to your personal expectations.

You agree that from time to time we may remove any service(s) for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Lash Cottage’s directors, employees, affiliates, contractors, suppliers, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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Indemnification

Your use of this website is at your own risk. You agree to indemnify, defend, and hold Lash Cottage and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party(ies).Any information you provide to Lash Cottage through this website or via e-mail may not be secure. Any information provided by the user consents to Lash Cottage to use, disclose, distribute or copy the information and any use any ideas, concepts or know=how contained in the information for any purpose without compensation to you. You further agree information you provide is truthful and does not violate the legal rights of others.

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Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If at our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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Copyright

All original materials on this site are copyright by Lash Cottage and may not be reproduced in any form or commercial purposes without the express written consent by an authorized individual of Lash Cottage.

 

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the province of Alberta, Canada.

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Contact Information

Any concerns or questions related to the Terms of Service should be sent to us at info@lashcottage.com.

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Lashcottage.com

PO Box 80148 Beacon Hill PO

Calgary, AB T3R0B2

 

Last Edited on 2020-06-20