Terms & Conditions

TERMS & CONDITIONS

INTRODUCTION

These are the terms and conditions (the “Sale Terms”) that apply when you purchase products on our website VIALE Beauty LLC. By placing an order for merchandise through VIALE Beauty LLC., VIALE Beauty LLC. microsites or mobile sites, or mobile applications (collectively our “Website”) or by phone, you accept these Sale Terms and agree to be bound by them. We may change the Sale Terms from time to time. By continuing to use our Website after we post any such changes, you accept the Sale Terms, as modified. If you have any questions about the Sale Terms or any aspect of your order, please contact our Customer Service department by sending us a message through the Contact Us tab that is accessible via the CUSTOMER CARE CONTACT link on our Website or call +1 800 669 4093.

ORDER ACCEPTANCE AND BILLING

Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Sale Terms and may result in cancellation of your order. Prior to accepting an order, VIALE Beauty LLC. reserves the right to request additional information from you to verify your identity and validate the billing information to process your order. We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud prevention department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped, or PayPal account. VIALE Beauty LLC. reserves the right in its sole discretion to limit the quantity of items purchased per person, per household, per email address, per IP address or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing, email, IP and/or shipping address. We will notify you should such limits be applied. VIALE Beauty LLC. reserves the right to deny any order for any reason, including, but not limited to, the following situations: Error in Billing, Payment or Shipping Information Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to: o an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types; o incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record); o an insufficient or incorrect shipping address (including street address, city, state, zip or postal code); o or any suspected fraudulent information. Merchandise Shipping Delay or Unavailability If an item of merchandise is delayed out of our distribution center or becomes unavailable, or if there is an error on our Website relating to the order (for example, an error relating to the price or description of merchandise), VIALE Beauty LLC. may cancel the order. If this occurs we will contact you so you are aware. Reshipping of Merchandise The merchandise sold on our Website is intended for personal use only, not for resale. Any suspected resale of our merchandise for personal or business profit is strictly prohibited. We will not accept and reserve the right to cancel orders that appear to be for resale purposes. Any orders found to have characteristics of reselling, such as large quantities, frequent orders, orders by dealers or resellers or the use of freight forwarding, may be cancelled in the sole discretion of VIALE Beauty LLC., and VIALE Beauty LLC. shall have the right to cancel all subsequent orders from any such customers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any merchandise from VIALE Beauty LLC. for the purpose of engaging in a commercial sale of that same merchandise with a third party. Previous Fraudulent Order History VIALE Beauty LLC. may refuse to accept any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We also may refuse any orders connected with a previous credit card dispute. If VIALE Beauty LLC. rejects your order because of an error in pricing or other information about the merchandise, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant merchandise once the information in the order is validated. If we do not receive a response from you within seven days, VIALE Beauty LLC. may cancel the order.

PRODUCT TESTIMONIALS

VIALE Beauty LLC. welcomes feedback on your experience with our merchandise. We will publish on our Website both positive and negative comments, so long as the comments, reviews or testimonials (collectively, “Testimonials”) are accurate, constructive and not misleading. If you submit Testimonials that we do not publish on our Website, our customer service department may contact you in order to improve our product quality and service. We also reserve the right to edit all Testimonials for length, spelling, grammar, or for any other reason in our sole discretion so long as the meaning of the Testimonial is not materially altered. By submitting a Testimonial to VIALE Beauty LLC., you hereby grant to VIALE Beauty LLC. the unrestricted right to use your Testimonial in perpetuity, through any and all media formats and media channels now known or hereinafter developed, without compensation, and to identify the source of the Testimonial by indicating your first name, last initial, city and/or state. Thank you for taking the time to share your thoughts with other VIALE Beauty LLC. customers.

INTELLECTUAL PROPERTY

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on our Website (collectively, the “IP”) are owned, controlled or licensed by VIALE Beauty LLC., one of its affiliates or by third parties who have licensed their materials to VIALE Beauty LLC. and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Website or any related software. All software used on our Website is the property of VIALE Beauty LLC. or its suppliers and protected by U.S. and international copyright laws. The IP and software on our Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on our Website is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on our Website is the exclusive property of VIALE Beauty LLC. and is also protected by U.S. and international copyright laws. The trademark and service mark VIALE Beauty LLC., the VIALE Beauty LLC.com domain name and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of our Website are trademarks or trade dress or otherwise the exclusive property of VIALE Beauty LLC. in the United States and other countries.

PRIVACY

Last Updated: 08/11/2016 VIALE Beauty LLC. supports and adheres to the guidelines and practices adopted by the Direct Marketing Association’s “Privacy Promise to American Consumers.” By honoring the DMA’s “Privacy Promise to American Consumers,” we recognize that the consumer marketing information we maintain must be used responsibly, in beneficial ways and with respect to individual choice. We have agreed to (1) provide customers with notice of their ability to opt out of information rental, sale or exchange with other marketers, (2) honor customers’ requests not to share their information with other marketers, and (3) honor customers’ requests not to receive mail, telephone or other solicitations from VIALE Beauty LLC. From time to time we make portions of our customer mailing lists available to carefully screened companies. This may include your name and postal address, but never your email address or phone number. If you prefer that we do not share your name with other companies, please contact customer service. VIALE Beauty LLC.’s website regularly uses technologies such as cookies. A “cookie” is a small file stored by your web browser on your computer. Cookies allow us to recognize you when you arrive at our Website by associating an anonymous identification number in the cookie. At no time is your name, street address, or credit card number stored within one of our cookies. These cookies allow us to understand how you clicked to our Website and what pages you click on during your visit to our Website. Understanding how you shop allows us to improve and personalize your shopping experience and speed your checkout process. We may use technologies such as cookies to provide you with enhanced online display advertising tailored to your interests. To opt out of advertising provided by VIALE Beauty LLC., click here. Accepting cookies through your web browser is your personal choice. You can set your browser to disable cookies. However, if you choose not to accept cookies, we may not be able to provide you with the best online experience specifically tailored to your needs. We use a third-party service provider to serve ads on our behalf across the Internet and sometimes on this site. They may collect anonymous information about your visits to our website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the user. If you would like more information about this practice and to know your choices about not having this anonymous information used by our third party service provider, please click here. Our Website is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide personal information through our Website. We do not knowingly collect information from children under 13 without parental consent. Visit the Federal Trade Commission website for more information about the Children’s Online Privacy Protection Act (COPPA). This Privacy Policy is subject to change. Please review it periodically. If we make changes to the U.S. Online Privacy Notice, we will revise the “Last Updated” date at the top of this Policy. Any changes to this Policy will become effective when we post the revised Policy on our Website. Your use of our Website following these changes means that you accept the revised Policy.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless VIALE BEAUTY LLC. and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of our Website or any breach by you of these Sale Terms. DISCLAIMER OUR WEBSITE IS PROVIDED BY VIALE BEAUTY LLC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIALE BEAUTY LLC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIALE BEAUTY LLC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, VIALE BEAUTY LLC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL VIALE BEAUTY LLC. OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF VIALE BEAUTY LLC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL VIALE BEAUTY LLC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF OUR WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

GENERAL

The foregoing Sale Terms govern all transactions between you and VIALE BEAUTY LLC. through our Website and supersede all prior agreements and representations. Headings are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Sale Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms shall remain in full force and effect. The failure of VIALE BEAUTY LLC. to act with respect to a breach of the Sale Terms by you or others does not constitute a waiver and shall not limit VIALE BEAUTY LLC.’s rights with respect to such breach or any subsequent breaches. The Sale Terms shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Sale Terms or your use of our Website must be brought in the state or federal courts of California, and you hereby consent to the exclusive personal jurisdiction of such courts.