Last updated: March 01, 2023
Introduction
Welcome to Ruby Kisses®!
These Terms and Conditions (“Terms”) govern your access to and use of our website located at rubykisses.shop (the “Site”) and our online store services (the “Services”).
Please read these Terms carefully before using our Site or Services. By accessing the Site or using any Services, you agree to be bound by these Terms, including any amendments made to them from time to time. If you do not accept these Terms, you should refrain from using our Site and Services.
In these Terms, “we”, “us”, and “our” refer to Ruby Kisses® and “you” and “your” refer to you, the user of our Site/Services.
Use of Our Site and Services
The Site and Services are intended for users 18 years of age and older. If you are under 18, you may only use the Site and Services with involvement and approval of a parent or legal guardian.
Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Site and Services. You agree not to use the Site or Services for any illegal or unauthorized purpose.
To use certain features of the Site/Services, you may be required to register and create an account. When you register, you agree to provide accurate and complete information about yourself. You are responsible for protecting the confidentiality of your login credentials and agree not to disclose them to any third party. You are fully responsible for all activity that occurs under your account. Please notify us immediately if you believe someone has accessed your account without authorization.
We reserve the right to modify, suspend, or discontinue the Site/Services at any time for any reason without notice to you. We are not liable for any damages related to any modification, suspension, or discontinuation of the Site/Services.
Online Store and Products
Our online store allows you to purchase our brand name cosmetic products directly through the Site. By placing an order on the Site, you agree to the terms of sale included in these Terms.
All product images, descriptions, and specifications on the Site are provided by us and designed to be accurate representations of our products. However, we do not guarantee that the display or description of any product on the Site is completely accurate or current. Products may be temporarily unavailable, discontinued, or incorrectly priced on the Site. In the event of any errors, we assume no liability beyond the actual amount charged for the product.
All prices on the Site are listed in U.S. dollars. We reserve the right to change prices for products displayed on the Site at any time before you place an order.
Once you place an order, you will receive an order confirmation e-mail with details of your purchase. Please check this confirmation carefully to ensure it reflects your order accurately. If there are any mistakes in your order, please contact us promptly.
As part of the checkout process, you will have an opportunity to review and edit your order, including delivery address, items, quantities, and pricing. It is your responsibility to ensure that all order information is complete and accurate before submitting.
We make every effort to display colors of products as accurately as possible on the Site. However, as actual colors may depend on device settings and other factors, we do not guarantee that displayed colors will exactly match the actual product colors.
Availability: We work hard to ensure items displayed on the Site are currently available. However, items may sometimes be out of stock without notice. We will confirm availability once you place an order. In the event an item is listed at an incorrect price or we are unable to fulfill your order for any reason, we will contact you to discuss resolving the issue, such as offering a substitute product or cancelling your order with a refund.
Shipping: When you place an order, we will estimate shipping dates and charges and communicate this during checkout. All stated delivery times are estimates only; we do not guarantee delivery by a stated date. We will pack, ship, and deliver products according to our shipping processes and timelines. We are not liable for any delays caused by order processing, transit delays, customs delays, inclement weather, or other factors outside our control.
If your order qualifies, we may ship it in separate packages at our discretion. Shipping and handling charges on your order summary represent a carrier’s base charges and do not include any applicable taxes, fees, or additional carrier surcharges that may apply to your order based on delivery location. Any such taxes and fees are your responsibility.
We will send shipping confirmations by email which will include carrier tracking information, if available. You are responsible for notifying us promptly of any shipping address changes or errors before we ship your order. If a package is returned to us due to an invalid shipping address, we may require you to pay additional shipping charges to re-ship the package.
Title and risk of loss: Title to all products and risk of loss or damage passes to you when we transfer products to the carrier.
Product recalls: We reserve the right to recall any product for quality issues or defects, in accordance with recall guidelines issued by the Consumer Product Safety Commission. If we issue a recall for any product you have purchased, we will notify you by email with details of the recall and instructions on the return process. You agree to comply with these instructions promptly.
Returns: If you are not fully satisfied with your purchase, you may return most unused products in original condition for a full refund or exchange within 30 days of delivery. Please see our Return Policy for additional terms and instructions.
Certain products such as clearance/discount items, gift cards, and custom or personalized orders are non-returnable. We reserve the right to refuse returns of any merchandise that does not meet return requirements.
User Content
You are responsible for all content you contribute, including reviews, comments, photos, videos, etc. (“User Content”). You represent and warrant that: 1) you own or have the necessary rights/permissions to the User Content you share; and 2) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity.
By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, modify, display, archive, publish, translate, create derivative works from, distribute, and exercise all copyright and publicity rights with respect to your User Content in any media formats and through any media channels now known or hereafter developed.
You agree not to post any User Content that contains nudity, excessive violence, hate speech, illegal content, or that violates or infringes upon the rights of any third party. We may remove or modify any User Content at our discretion.
Intellectual Property
Our Site, Services, and all content provided on or through them (including but not limited to text, graphics, logos, articles, product listings, images, reviews, and downloads) are our property or the property of our licensors and protected by copyright, trademark, and other laws. Any unauthorized use of our Site/Services violates our intellectual property rights.
Ruby Kisses® and our logos are trademarks owned solely by us. Any other trademarks, service marks, logos, and trade names appearing on the Site/Services are the property of their respective owners. Our trademark may not be used in connection with any product or service without our prior written consent.
We reserve all rights not expressly granted in these Terms. The limited licenses provided in these Terms do not transfer ownership of any intellectual property to you.
Site Conduct and Usage Restrictions
While using the Site/Services, you must comply with all applicable laws, regulations, and ordinances. You are responsible for your own communications and for any consequences thereof.
In connection with using our Site/Services, you agree you will NOT:
- Copy, modify, distribute, sell, lease, loan or create derivative works from any aspect of the Site/Services;
- Use the Site/Services for any commercial purpose not expressly approved by us in advance;
- Impersonate any third party or falsely claim an affiliation with us or any third party;
- Hack, disable, interfere with, disrupt, modify, misuse, decipher or reverse engineer any aspect of the Site/Services;
- Input or upload any information or content that is illegal, harmful, offensive, inaccurate, defamatory, racially or ethnically objectionable, promotes illegal activity, or violates a third party’s rights;
- Transfer any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines onto the Site/Services;
- Disrupt, interfere with, or inhibit any other user’s use of the Site/Services;
- Attempt to gain unauthorized access to the Site/Services or computer systems/networks;
- Collect or harvest any data or content from the Site/Services;
- Take any action that places excessive load on our servers or network infrastructure; or
- Circumvent any access or use restrictions put in place to prevent certain uses of the Site/Services.
Any conduct that we determine violates these rules or applicable law may lead to suspension or termination of your account and prohibition from further use of our Site/Services.
User Content License
We may allow you to submit, upload, publish or otherwise make available content through or in connection with the Services, including without limitation written content, images, videos, audios, designs, graphics, data, text, photographs, logos, personal and/or biographical information, audiovisual works, musical compositions, performances, interactive features, software applications, code and other information and materials (collectively “User Content”).
By submitting any User Content, you represent and warrant that (i) the User Content is your own original work or you have obtained all necessary rights and permissions to submit and share the User Content; (ii) the User Content does not violate these Terms, applicable law or any third party rights, including any intellectual property rights, privacy rights or rights of publicity; and (iii) you consent to the display and use of the User Content anywhere in the world in connection with the Services and promotion thereof.
To the extent permitted by applicable law, you hereby irrevocably grant us and our successors and assigns an unlimited, royalty-free, perpetual, irrevocable, transferable, assignable, sublicensable, worldwide license to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit in any manner the User Content in all formats, on or through any media channels, and using any methods now known or hereafter developed. You irrevocably waive and release any claims based on moral rights, unfair competition, breach of implied contract, privacy, publicity or other legal rights arising from use or modification of the User Content.
We are not responsible for maintaining copies of or any ongoing access to User Content submitted by you. We are not liable for any deletion or failure to store User Content. If you object to any past, present or future use of the User Content, please discontinue submitting such User Content and notify us so we can remove it from our databases.
Disclaimers
General: The Site and Services are provided on an “as is” and “as available” basis, and we make no representations or warranties about them. To the fullest extent permitted by applicable law, we disclaim any representations and warranties relating to the Site/Services, whether express, implied or statutory, including without limitation warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We make no representations or warranties that Site/Services content will be accurate, complete, up-to-date, free from defects, that our servers are free from viruses/harmful components, that communications to/from us will be secure and not intercepted, or that the Site/Services features/functionality will meet your needs and expectations. We do not independently verify any product information or reviews. We assume no liability for any inaccuracies, errors, omissions, or compliance with product safety standards.
We cannot guarantee uninterrupted availability of the Site/Services. We reserve the right to change, suspend, remove, or disable access to the Site/Services or particular products/content at any time without notice. Under no circumstances are we liable for any damages related to change, suspension, removal or disablement.
Products: All product descriptions, representations, specifications, samples, ratings, reviews are provided by manufacturers and suppliers. We make no warranties about accuracy, completeness, reliability, currentness, merchantability, or fitness for any purpose. Product depictions are for illustration only and may differ from the actual product. We disclaim any liability related to delivered products not matching descriptions or samples viewed online.
Product recalls: We disclaim any and all liability arising from product safety defects or hazards that result in a recall. It is the manufacturer’s responsibility to notify consumers of recalls and provide remedies.
User Content: We accept no responsibility or liability for monitoring User Content. We are not liable for any loss or damages caused by your reliance on User Content. Statements by other users do not represent our views or values. We do not guarantee the accuracy, integrity, quality, lawfulness or suitability of User Content.
You use and interact with User Content at your own risk. By using the Site/Services, you release us from claims relating to User Content and agree to defend and indemnify us from any resulting third party claims.
Site Security: We take reasonable administrative, technical, and physical precautions to safeguard data from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. However, we disclaim any warranties regarding site security. You acknowledge that no electronic data transmission or storage system can be 100% secure. We will not be liable for any damages relating to breach of our security systems, except as specifically required by applicable privacy laws.
Limitation of Liability
Disclaimer of Certain Damages: IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SITE/SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE.
Cap on Liability: OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SITE/SERVICES IS LIMITED TO THE GREATER OF: (A) ANY AMOUNTS PAID BY YOU TO US OVER THE PREVIOUS SIX (6) MONTHS, OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD). THIS APPLIES REGARDLESS OF THE NATURE OF THE CLAIM AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exceptions: The liability disclaimers and limitations above do not apply to liability arising from gross negligence, willful misconduct, fraud, or intentional violation of law by us, or to the extent prohibited under applicable law.
Basis of Disclaimer: THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE ESSENTIAL ELEMENTS OF THESE TERMS AND FORM THE BASIS FOR DETERMINING FEES AND AVAILABILITY OF THE SITE AND SERVICES. WE WOULD NOT BE ABLE TO OFFER THE SITE/SERVICES WITHOUT THESE LIMITATIONS.
Indemnity
Upon our request, you agree to defend, indemnify, and hold harmless us and our parent companies, subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, and suppliers from and against any liabilities, claims, damages, losses, and expenses (including attorneys’ fees) directly or indirectly arising from: (a) your use of the Site/Services; (b) any User Content you submit, post, transmit, or otherwise make available through the Site/Services; or (c) your violation of these Terms or any applicable law. We reserve the right to exercise sole control over defense and settlement of indemnified claims.
Termination
We reserve the right, without notice and at our sole discretion, to terminate your right to access or use the Site/Services and to block or prevent future access to and use of the Site/Services. All provisions of these Terms that by their nature should survive termination will survive termination, including disclaimers, limitations of liability, indemnity, choice of law, arbitration and class action waiver. Termination will not limit any other legal or equitable rights or remedies provided under these Terms or by law.
Choice of Law & Jurisdiction
These Terms are governed by the laws of the United States and the state of Tennessee, without regard to conflicts of law rules. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms will be an appropriate federal or state court located in Nashville, Tennessee. You waive any objection based on lack of personal jurisdiction or venue in connection with any such action or proceeding.
Arbitration & Class Action Waiver
At your or our election, all disputes arising from or related to these Terms must be resolved by binding arbitration under the then-current rules and administration of the American Arbitration Association instead of in court. Arbitration proceedings shall be held in Nashville, Tennessee or by telephone, online, or via written submissions if agreed upon by both parties. All disputes shall be resolved on an individual basis. No claims may be consolidated or arbitrated on behalf of a class. The arbitrator shall have no authority to award punitive damages against either party.
You or we may seek temporary or preliminary relief from a court of competent jurisdiction in order to enforce these Terms pending arbitration or prevent irreparable harm. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. These arbitration provisions will survive termination of these Terms.
If any part of this arbitration clause is later deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect. As noted above, any proceedings will take place in Nashville, Tennessee.
Miscellaneous
Electronic Communications: By using our Site/Services, you consent to receiving electronic communications from us relating to your account. These communications include notices about your account (e.g. payment authorizations, password changes, etc.) and are part of your relationship with us. You agree that any electronic notices, agreements, disclosures or other communications satisfy legal requirements that communications be in writing.
No Professional Advice: The information contained on this Site and our communications with you are for informational purposes only and not for the purpose of providing legal, financial, medical or other professional advice. We recommend you should always seek professional advice where appropriate.
Affiliate Disclosure: We engage in affiliate marketing whereby we receive funds through ads, product links, or other forms of advertising compensation. All sponsored or paid promotions will be identified as such.
Privacy Policy: Please review our Privacy Policy to understand how any personal data you provide through use of the Site/Services will be handled. The Privacy Policy is incorporated by reference into these Terms.
DMCA Notice: If you believe your copyrighted work has been copied without authorization, please see our DMCA Notice for instructions on how to submit a copyright infringement claim.
General Provisions: We may assign our rights/obligations under these Terms, in whole or part, to any third party without notice or liability to you. However, you may not assign your rights/obligations under these Terms. No agency, partnership, joint venture or other such relationship is created by these Terms. Our failure to exercise or enforce rights does not waive our right to enforce such right later. The section titles and summaries are for convenience only and do not define or limit the content. If any provision is found invalid or unenforceable by a court of law, the remaining provisions will remain valid and enforceable.
Entire Agreement: These Terms constitute the entire agreement between you and us regarding use of the Site/Services. These Terms supersede any prior agreements or previous versions posted on the Site.
Thanks for reading! If you have any questions, please contact us at:
Ruby Kisses®
123 Cosmetics Lane
Nashville, TN 37217
Email: [email protected]