Terms of service

SECTION 1: TERMS OF USE

UPDATED: AUGUST 19, 2025

Thank you for visiting our site palmacosmetics.com which is owned and operated by Bailey Enterprises, LLC. (the “website” or the “site”) (collectively, “We”, “US” or “Our”). In these Terms of Use, the words “you” and “your” refer to each customer, user, site guest or visitor and “we”, “us” and “our” refers to Palma Cosmetics, it’s subsidiaries, successors in interests and assigns, and “palmacosmetics.com”. Please read these terms of use (“Terms of Use”) carefully before using the services. These (“Terms of Use”) govern your access to and use of the Website. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS OF USE FOR YOUR USE OF THIS SITE AND ANY RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS OFFERED (THE “SITE”) OR ANY PURCHASE YOU MAKE. 

By visiting our site and/ or purchasing something from us, you engage in our service and agree to be bound by the following Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between Palma Cosmetics and you regarding your use of this website and supersede any prior statements or representations. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree with the Terms of Use, then you do not have the right to access, view, download or otherwise use the Site or purchase any product, any other product available on the Site and, accordingly, you should not do so. You are not authorized to use the Website if you do not agree to be legally bound by any or all of these Terms of Use.

Please read these Terms of Use carefully before accessing or using our website. Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 2: GENERAL TERMS OF USE

Unless otherwise noted, the products and services on the Site are intended for personal, non-commercial purposes only. You agree to use the Site for lawful, noncommercial purposes and in compliance with all international, federal, state and local laws. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, reverse, engineer or in any way exploit the content of the site.

Access to, distribution and/ or use of the Website is subject to all applicable laws and regulations. To the extent that access to, distribution and/ or use of the Website would be deemed illegal by applicable law, such access, distribution and/ or use is prohibited. Each time you visit any area on the Website and/ or register for any interactive functionality of the Site, you are deemed to have confirmed your acceptance to these Terms of Use and the Site’s Privacy Policy. If you do not agree to abide by these Terms of Use and Privacy Policy please do not use the Website. 

SECTION 3: CONSENT TO TERMS OF USE

By using the Website and/or registering for an account, making a purchase, you agree that you have read and understood the Terms of Use, agree that you will comply with the same for as long as you use the Website and represent your acknowledgement that you are legally bound by them. 

SECTION 4: CHANGES TO TERMS OF USE

Any new features or tools which are added to the current store shall also be subject to the Terms of Use. We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. 

SECTION 5: ACCURACY COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 6: ELIGIBILITY TO USE WEBSITE

By having accepted these Terms of Use, and/or entering, purchasing and participating in the activities offered on the Site, you affirm, represent and warrant that: (a) you are 18 years of age or above the legal age of majority in your jurisdiction of residence; (b) you will abide by these Terms of Use; (c) your use of the Website shall not otherwise violate any applicable law, rule or regulation; (d) have not been previously suspended or removed from the Site; (e) do not have more than one (1) account at any given time for the Site; (f) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (g) you will only provide us with true, accurate, current and complete information if you register for an account and/orders. If we believe or suspect that your information is not true, accurate, current or complete, or suspect fraudulent use of the site via any automated tools or otherwise, we may deny or terminate your access to the Site or Services (or any portion thereof); and (h) that you have full power and authority to enter into the Terms of Use and in doing so will not violate any other agreement to which you are a party.

 

SECTION 7: USE OF WEBSITE BY CHILDREN

You must be 18 years of age to use the Site. Palma Cosmetics does not knowingly collect or maintain information from children under the legal age of majority in your jurisdiction of residence, and no part of the Site is designed with the intention of attracting such children. 

 

SECTION 8: ONLINE STORE TERMS

By agreeing to these Terms of Use, you represent that you are at least 18 years of age, the legal age of majority in your jurisdiction of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the Terms of Use, violate any law in your jurisdiction (including but limited to copyright laws). You must not transmit any worms or viruses or any code of destructive nature. A breach or violation of any of the Terms of Use will result in an immediate termination of your services.

Our store is hosted on Shopify Inc. (“Shopify”). It provides us with our online e-commerce platform that allows us to sell our products to you. Shopify will process your order request and your payment. By submitting your order, you agree to Shopify processing your order.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. For more information, please see our Privacy Policy. 

You should also review,

Shopify's Privacy Statement

(https://www.shopify.com/legal/privacy)

 

Shopify's Compliance Report

(https://www.shopify.com/legal/compliance/reports)

PRICE & PAYMENT

The price of the product will be the price indicated on the email acknowledgment sent by us on completion of your order online. Product prices shown on the Website are in U.S. Dollars and are valid and effective only in the United States. Product prices shown on the Website may change from time to time. Such prices do not include shipping and handling costs and do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process.

If you choose to pay using a payment card with a currency denominated account that is different from the currency of your order, additional charges and foreign exchange differences may apply. These charges and exchange rates applied are beyond our control.

Local import duties and additional charge may be payable by you on receipt depending on the location of delivery. You are responsible for any import duties and clearance fees (where applicable) in your country and to check the duties and clearance fees with your local authorities.

You can find the available payment methods during the checkout process. We accept payment with Shop Pay. For more information, please review our Privacy Policy.

Full payment is due upon order placement at the end of the checkout process.

By placing your order and making an offer to buy a product, you authorize us and Shopify to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports e.g., in order to authenticate your identity.

You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

 For more insight, 

Shopify's Terms of Service

(https://www.shopify.com/legal/terms)

 

Shopify's Privacy Statement

(https://www.shopify.com/legal/privacy)

 

Shopify's Compliance Report

(https://www.shopify.com/legal/compilance/reports)

 

 

SECTION 9: PRIVACY

We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Policy on our home page and by using this Site you agree to the terms of the Privacy Policy.

You should also review Shopify’s Policies,

Shopify Terms of Service

(https://www.shopify.com/legal/terms)

 

Shopify Privacy Statement

(https://www.shopify.com/legal/privacy)

 

Shopify Compliance Report

( https://www.shopify.com/legal/compliance/reports)

SECTION 10: OWNERSHIP OF WEBSITE

This Website and all intellectual property rights to the same (collectively, “Materials”) are owned or licensed by Bailey Enterprises, LLC. Bailey Enterprises, LLC hereby grants you permission to use the Website as set forth in these Terms of Use but nothing in these Terms shall be construed to confer upon you any license of or under any of Bailey Enterprises, LLC intellectual property rights in the Materials.

You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Palma Cosmetics in any manner which creates the impression that such items belong to or are associated with you, or expect as otherwise provided and with Bailey Enterprises, LLC consent.

All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our Website and its contents, features, and functionality are either owned by us or licensed to us.  All such rights are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights law intellectual property laws, and all rights are reserved.  Any use of the Website and its contents, other than as specifically authorized herein, is strictly prohibited.  Any rights not expressly granted herein are reserved by us.

The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our Website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us.  Except as expressly provided in these Terms, or in terms provided by the owner of a Third Party Mark, nothing in these Terms or on or via the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are used or displayed on the Website, without the respective owner’s prior written permission, in each instance.  All goodwill generated from the use of our trademarks will benefit us exclusively.

Except as otherwise indicated on the Site, copying, reproducing, uploading, downloading, transmitting or any other use of this Site or of any Materials, in whole or part, without express permission of Bailey Enterprises, LLC, is prohibited. Any unauthorized access to, use or copying of this Site and/ or the Materials may subject you to liability under applicable law, and may result in legal action. 

 

SECTION 11: GEOGRAPHIC RESTRICTIONS

The Website is provided for users in the United States. Although it may be possible to access the Website from other countries, we make no representation that our Website is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Website will be appropriate for users in other countries or states.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

SECTION 12: U.S. EXPORT CONTROLS

Software from or related to this Website (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Website. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software is at your sole risk.

SECTION 13: WEBSITE SOFTWARE USE

We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Use govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not: (i) copy, sell, redistribute, rent, lease or otherwise transfer the software or any of the limited rights you receive hereunder; (ii) incorporate it or any portion of it into another product; (iii) reverse engineer, decipher, decompile, or disassemble the software or otherwise attempt to derive the source code or underlying ideas or algorithms of the software or any portion of the software, including without limitation any application or widget (except where expressly permitted by law); (iv) export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government; (v) modify, translate, adapt, or create derivative works from the software or any portion of the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

We may automatically check your version of the software and update it to improve its performance and capabilities. 

SECTION 14: PROVISION OF THE SERVICES

You acknowledge and agree that the Services Palma Cosmetics provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Palma Cosmetics may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, at Palma Cosmetics sole discretion. If you have opened an account, Palma Cosmetics, may disable your account, with no notice to you if, in Palma Cosmetics sole and subjective discretion, you are in violation of any of the Terms of Use.

SECTION 15: LINKS

The Website may contain links to other applications, websites and social media features (collectively, “websites”) that are not controlled and/or maintained by Palma Cosmetics. Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such websites. By providing such links, Palma Cosmetics shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. Palma Cosmetics is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.

SECTION 16: PROHIBITED USES OF OUR WEBSITE

You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our Website or any part of it, our systems, any of our hardware or equipment or any networks on which our Website is hosted, any software that we use to create or modify the Website or to make the Website available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You must use our Website for lawful purposes only and in accordance with these Terms of Use.  You must not use our Website:

• For any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international.
• To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
• For any fraudulent purposes whatsoever.
• To conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us.
• To upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs,other material that is malicious or technologically harmful, or code which could adversely affect the use or operation of the Website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content.
• To solicit others to perform or participate in any unlawful acts.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• To submit false or misleading information.
• To engage in any other conduct that restricts or inhibits anyone’s use of enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability.
• In any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms refer to.
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website. 
• To upload or transmit 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.
• To collect or track the personal information of others. 
• To spam, phish, pharm, pretext, spider, crawl, or scrape.
• For any obscene or immoral purpose. 
• To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
  

 

SECTION 17: CONTENT ON OUR WEBSITE

The content on our Website is provided for your lawful personal, private and non-commercial use only.  You may not otherwise extract, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or distribute the content of our Website without our prior written consent.

You must not:

• Modify copies of any materials from this Website. 
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
• You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
• If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us.
• Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

 

SECTION 18: RELIANCE ON INFORMATION AND CONTENT

Our Website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time.  We do not warrant the accuracy, completeness, or usefulness of this information.  This Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The content on our Website is not intended to be construed as advice. Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

SECTION 19: YOUR ACCOUNT

By agreeing to these Terms of Use, when using our online store or store hosts (Shopify Inc.) our online e-commerce platform allows us to sell our products and services to you. You  may decide to register with us and set up an account with a username and a password (your “Account”). All information you provide must be truthful. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Website under such access codes or passwords. You must be at least 18 years old to set up an account. The information you provide to Palma Cosmetics is subject to our Privacy Policy. Please see our Privacy Policy for information concerning the collection and use of Personal Information from the Website. 

When you create an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you must not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity.

 

SECTION 20: YOUR RESPONSIBILITIES

You are responsible for undertaking suitable precautions to scan for your computer, laptop, phone and all other electronic devices from viruses and maintaining a backup of all your data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Website. 

You are responsible for maintaining the confidentiality of your password and account information, and you agree that you will restrict access to your device to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account. 

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your use of the Site and Services.

SECTION 21:  USER CONDUCT

In connection with the use of the Website, you may not and agree that you will not:

1. Violate any local, state, provincial, national, or other law regulations, or any order of a court, including, without limitation, zoning restrictions and tax regulations.
2. Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained on the Site.
3. Use the Site, Material and content on the Site (collectively, “Content”) for any commercial or other purposes that are not expressly permitted by these Terms of Use or in a manner that falsely implies Palma Cosmetics endorsement, partnership or otherwise misleads others as to your affiliation with Palma Cosmetics.
4. Dilute, tarnish or otherwise harm the Bailey Enterprises,LLC brands in any way, including through unauthorized use of the Material, the Content, registering and/or using Palma Cosmetics or derivative terms in domain names, trade names, trademarks or other source identifiers, that closely imitate or are confusingly similar to Palma Cosmetics domains, trademarks, taglines, promotional campaigns or Website content.
5. Copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms of Use.
6. Infringe the rights of Bailey Enterprises ,LLC or the rights of any other person or entity, including without limitation, their intellectual property, publicity or contractual right.
7. Interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology.
8. Register for more than one (1) Palma Cosmetics account or register for a Palma Cosmetics account on behalf of an individual other than yourself.
9. Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
10. Engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Site.
    

 

SECTION 22: USER CONTENT PERMISSION TERMS

These User Content Permission Terms, together with our Privacy Policy and general site terms of use apply if you upload content (e.g. reviews or pictures) to our sites, hashtags, social pages or if you respond “yes” to a request by us to reuse your content.

These User Content Permission Terms provide your consent to Palma Cosmetics and our parent, Bailey Enterprises, LLC, affiliates and third party providers (collectively “Palma Cosmetics”) as follows: You grant Brand a worldwide, royalty-free, non-exclusive, transferable right to use your video(s), photo(s) and/or other content posted online (eg. Instagram, Facebook, X, or other platform) in addition to those you have tagged with #palmacosmetics, #palmacosmetics.BTFL, @palmacosmetics,@palmacosmetics.BTFL or #(insert Palma Cosmetics  shade name) or a Palma Cosmetics campaign hashtag together with your social media handle, social media username, profile picture, caption and location information you may have included in your consent (“User Content” in any media, including but not limited to on its webpages, social media pages and other digital media, newsletters, retailer sites, third party sites, print materials, in-store materials, television and other broadcast media, for its marketing and/or its advertising. Palma Cosmetics may use, reproduce, modify, delete in its entirety, adapt, publish, translate, create derivative works in any manner in its sole discretion.

You represent and warrant that you own all rights in and User Content, you have permission from any person(s) appearing in User Content to grant the right herein, you are not a minor.

You hereby release, discharge and agree to hold Palma Cosmetics and any person acting on Palma Cosmetics behalf harmless of liability related in any way with the User Content. You consent to (Brand)’s collection of any personal information you provide, and Palma Cosmetics use and disclosure of that personal information in connection with the User Content as described above. Your personal information may be transferred to or accessible all over the world, and may be shared with affiliates or other trusted third parties working on Palma Cosmetics behalf. By posting user content with any Hashtag(s) or otherwise providing Palma Cosmetics with personal information in accordance with these Permission Terms, Palma Cosmetics Privacy Policy, and applicable data laws and regulations.  

SECTION 23: USER CONTENT

All submissions from your account shall be deemed to have been submitted by you; and you are 18 years of age or older.

If, at our request or without our request you send us, user comments, information and submissions. In addition, you and other users of the Site from time to time may have an opportunity to post on the Site certain ideas, concepts, information, data, text, music, sound, photographs, graphics, video, messages, comments on our products, advertising and other promotional materials or events, facts, advice, “tips”, opinions and other material (collectively, “User Content”). 

Subject to our Privacy Policy, all User Content that you post on this Site will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this Site. You also agree that we, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.

We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Site. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the Site.

We have no obligation to verify the identity of any users when they are connected to the Site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not prescreen, monitor, review, edit or delete the User Content posted by you and other users on the Site. We retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. 

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to:

1. Satisfy any applicable law, regulation, legal process or governmental request.
2.  Enforce these Terms of Use, including investigation of potential violations hereof.
3. Detect, prevent, or otherwise address fraud, security or technical issues.
4. Respond to user support requests. 
5. Protect our rights, property or safety, users of the Site and the public.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 

We are and shall be under no obligation: 

• to maintain any comments in confidence.
• to pay compensation for any comments.
• to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in 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 Use.

You agree 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 or any third-party.

By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the Site for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Site. 

By way of example, and not as a limitation, you agree not to (and shall not permit any third party to) use the Site to: (a) upload, post, e-mail, or otherwise transmit any User Content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains or depicts nudity or explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or is otherwise inappropriate as determined by us in our sole discretion; (b) harm any person in any way; (c) upload, post, e-mail, or otherwise transmit any User Content that (i) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (ii) infringes any patent, trademark, trade secret, copyright, right of publicity or other intellectual or proprietary right of any party; and (iii) you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, worms, logic bombs or programs designed or intended to interrupt, disable, damage, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (e) obtain unauthorized access to any system, data, password or other information; (f) interfere with or disrupt the Site or servers or networks linked to the Site, or disobey any requirements, procedures, policies, or regulations of networks linked to the Site; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, and any rules, regulations, orders, directives and the like having the force of law; (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (i) for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; (j) solicit others to join or become members of any other commercial online service or other online or offline group or organization; (k) impersonate any other person or entity, including by providing any false personal information to us (including a false user name) or creating any account for anyone other than yourself; (l) submit any person’s identification documents or sensitive financial information; or (m) breaches the Privacy Policy. Violation of any of the foregoing may result in immediate termination of your license to access or use the Site and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Site in order to (1) determine whether a violation of the Terms of Use has occurred or (2) comply with any applicable law, regulation, legal process or governmental request.

SECTION 24: NO ENDORSEMENT

We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site.

SECTION 25: OUR RIGHT TO USE USER CONTENT

You do not have to submit anything to us, but if you choose to submit any User Content to the Site, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you submit and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. By submitting, sending, posting, uploading, modifying or otherwise providing information, material, or any other communication to us including User Content, whether solicited or unsolicited, you grant us and our designees the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform, or display such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. You also hereby do and shall grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. We and our designees also have the right, but not the obligation, to use your user name (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with broadcast, print, online or other use or publication of your User Content. We and our designees may use or otherwise transfer, remove or dispose of any and all User Content without restriction and users of the Site shall not be entitled to any compensation whatsoever for any such use, transfer or disposition of User Content by us. Notwithstanding the foregoing, personally identifiable data, if any, included in User Content shall be handled in accordance with our Privacy Policy.

SECTION 26: ELECTRONIC COMMUNICATIONS

When you communicate with Palma Cosmetics electronically, via email or otherwise, you consent to receive electronic communications from Palma Cosmetics. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Palma Cosmetics satisfy any legal requirement that such communication be in writing. Palma Cosmetics encourages you to retain your own copies of relevant information; however, upon your written request, Palma Cosmetics will provide you with a copy of the information you provided to Palma Cosmetics when creating your Account. Please see our Privacy Policy concerning providing information to Palma Cosmetics, your consent to receiving information from Palma Cosmetics, your ability to withdraw such consent, and Palma Cosmetics obligations with respect to maintaining and/or returning any information you have provided to Palma Cosmetics. To request a copy of information you provided to Palma Cosmetics, please contact us.

With respect to all communications you make to Palma Cosmetics directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: 

(a) You shall have no right to confidentiality in your communications and Palma Cosmetics shall have no obligation to protect your communications from disclosure.

(b) Palma Cosmetics shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation.

(c) Palma Cosmetics shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without obligation to you.

SECTION 27: TRANSMITTING MATERIALS

You understand that the technical processing and transmission of the Site may involve 

(a) Transmissions over various networks.

(b) Changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site.

You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. 

You may not: 

• Take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
• Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
•  Bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site). 
• Run any form of auto-responder or “spam” on the Site.
•  Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
• Harvest or scrape any content from the Site.
  

 

SECTION 28: INTELLECTUAL PROPERTY RIGHTS

The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by Bailey Enterprises, LLC or by other parties that have provided rights there to to Bailey Enterprises, LLC.

Except as otherwise provided in these Terms of Use or without our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, method, or process now known or later developed. Modification of the materials appearing on the Site or use of such materials for any other purpose is a violation of our copyright and other proprietary rights.

SECTION 29: SUSPENSION AND TERMINATION 

We reserve the right to suspend or terminate access to or withdraw or modify all or part of the Website or your Account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the Website, content updates, periodic maintenance, or to resolve any issues that we become aware of.  You may terminate your Account or your use of the Website at any time. It is our policy to terminate, in appropriate circumstances, the accounts or access of users who repeatedly infringe copyrights or who violate our Terms of Use. 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 Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may 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).

Termination will not limit any of our other rights or remedies.  The sections titled Ownership of Material on our Website, Indemnification, Limitations of Liability, Disclaimers, Arbitration, Governing Law, and General and any other provision that is intended to survive termination shall survive termination of these Terms or your access to the Website or Account.

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS BAILEY ENTERPRISES, LLC “PALMA COSMETICS” AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

SECTION 30: OUR PRODUCTS AND SERVICES

The images of the products on our Website are for illustrative purposes only. Your product and its packaging may vary slightly from its advertised images on the Website, as a result of your device’s display of color. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

All orders are subject to acceptance and availability, which may vary depending on the shipping destination. Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct, however, we cannot guarantee the Website’s accuracy and we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. 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 at any time. Any offer for any product or service made on this site is void where prohibited.

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.

 

SECTION 31: PRODUCT AVAILABILITY 

The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing. If a product you try to purchase is out of stock you will be notified.

SECTION 32: PRODUCT RESTRICTIONS

There may be instances where due to restrictions (legal or otherwise) or practices in relation to a product, we are prevented from being able to deliver it to you. We shall not be held liable in relation to any product that we are unable to sell or deliver to you as a result of such restrictions. In the event that a restriction is enforced after you have placed your order with us, we will notify you as soon as reasonably practicable. 

SECTION 33: DELAY AND EVENTS BEYOND OUR CONTROL

We will not be responsible to you for any delay or failure to comply with our obligations under these Terms of Use if the delay or failure arises from any cause beyond our reasonable control. If our supply of the products is delayed by an event outside our control then we will contact you to let you know. Provided we do this, we will not be liable for delays caused by the event.

SECTION 34: PROMOTIONS

From time to time, we may offer you the opportunity to participate in promotions or challenges (collectively “Promotions”) on this Site. Each such Promotion may have specific rules and regulations, which will be made available to users and which shall be deemed incorporated in and become a part of these Terms of Use. By participating in any Promotion, you are deemed to have accepted the rules and regulations for that Promotion, and to have agreed to abide by and be bound by them.

We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials.  We may disqualify any individual who tampers with any Promotion.  CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted or taxed.

BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE BAILEY ENTERPRISES, LLC “PALMA COSMETICS” AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.

SECTION 35: PURCHASING FROM THE SITE

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. All payment transactions are processed by these Terms of Use and other policies of Shopify (www.shopify.com). Please review the terms and conditions of use on the Shopify website. Bailey Enterprises, LLC “Palma Cosmetics” is not liable to buyers for any claims, losses, causes of action or damages arising from or related to conduct or actions governed by the Shopify terms.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify is certified Level 1 PCI DSS compliant. 

For more insight, 

Shopify Privacy Statement

(https:www.shopify.com/legal/privacy)

 

Shopify Terms of Service

(https://www.shopify.com/legal/terms) 

 

Shopify Compliance Report

 (https://www.shopify.com/legal/compliance/reports)

SECTION 36: MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

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

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 37: ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in 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 make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and 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.

SECTION 38: SHIPPING POLICY

The amount of time it takes for you to receive a product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.

Our preferred shipping carrier is USPS. However, we reserve the right to use other shipping carriers.

Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. 

It is your responsibility to provide us with complete and accurate delivery address information. We will not be liable if you supply us with incomplete or inaccurate information.

You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Shipping charges are based upon the shipment option you select at checkout. The costs of delivery will be as displayed to you on our website before you finalize your order, please check these carefully, you consent to this charge when you submit your order.

 

RISK OF LOSS

Palma Cosmetics is not responsible for reimbursement of lost packages. All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

PRODUCT DISCLOSURE 

NAIL POLISH SHIPPING ORDER NOTATION

Please shake nail polish well before applying for best color results. Our nail polish is 21 Free and can separate during transit.

ATTENTION: NAIL POLISH WARNING STATEMENT

• Caution: Heat or Flame
• Flammable
• Store In A Cool Place/Avoid Heat or Direct Sunlight
• Make Sure You Have Good Ventilation When You Use Nail Products
• Avoid Inhalation
• Avoid Eye Contact
• Do Not Swallow
• Ingestion: Seek Medical Attention or Contact Poison Control Center
• KEEP OUT OF REACH OF CHILDREN AND ANIMALS

 

CONTACT INFORMATION

Questions about the Shipping Policy should be sent to us at palmacosmeticscustomercare@gmail.com

 

SECTION 39: REFUND/RETURN POLICY 

RETURN/REFUND POLICY

All sales are final and non-refundable. We do not accept returns of products due to health protection and hygienic reasons. Please carefully review your order before confirming your purchase.

 

DAMAGE AND DISCREPANCIES

We only replace items if they are defective or damaged. You are entitled to an exchange in the event that the product arrives defective or damaged. To be eligible for an exchange, your item must be unused and in the same condition that you received it. It must also be in the original packaging. You must contact us within seventy-two (72) hours of delivery and provide proof of product damage to receive an exchange. We may request photos of the product and a copy of your confirmation email. You will be responsible for paying for your own shipping costs for returning your item to us if your exchange is approved. Shipping costs are non-refundable.

In the event your claim is justified you will be notified by email, an exchange will be issued for the same item. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

 

RISK OF LOSS

Palma Cosmetics is not responsible for reimbursement of lost packages. All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

SALE ITEMS

Sale items cannot be refunded.

CONTACT INFORMATION

Questions about the Return/Refund Policy should be sent to us at palmacosmeticscustomercare@gmail.com

 

SECTION 40: SALE ITEMS

 Sale items cannot be refunded. 

SECTION 41: THIRD-PARTY WEBSITES AND LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to 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.

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. 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.

You may be able to link to third party Websites, services or resources on the Internet from the Site, and third-party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.

 

SECTION 42: THIRD PARTY MERCHANTS

The Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.

SECTION 43: RESOLVING DISPUTES

If you have a dispute with us relating to the Website or the Services, please contact us at palmacosmeticscustomercare@gmail.com and we will attempt to resolve the dispute with you. If we cannot resolve our dispute, then the Terms of Use will govern any legal dispute involving the Website and/or our Services.

SECTION 44: DISCLAIMERS AND WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:

• THE SERVICE
• THE WEBSITE CONTENT
• USER CONTENT
• SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS.  WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

SECTION 45: LIMITATION OF LIABILITY

Palma Cosmetics does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Bailey Enterprises, LLC is not responsible for any damages or loss related to the use of this Website.

THIS WEBSITE, ALL CONTENT AND MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS AND CONTENT CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. PALMA COSMETICS RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE WEBSITE OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.

UNLESS PROHIBITED BY LAW, NEITHER PALMA COSMETICS (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.

TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES PALMA COSMETICS MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF PALMA COSMETICS SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

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.

Palma Cosmetics is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

SECTION 46: ACQUISITION OF BUSINESS

In the event that Palma Cosmetics, or an affiliate or Palma Cosmetics is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that Palma Cosmetics goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Website, all data collected on the Website (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of Palma Cosmetics may continue to use the Personal Information as set forth in this Privacy Policy. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations.

SECTION 47: SEVERABILITY

In the event that any provision of these Terms of Use 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 48: INDEMNIFICATION

You agree to indemnify Bailey Enterprises, LLC , and each of its parent, subsidiary and affiliated entities (collectively, “Palma Cosmetics”), furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify Palma Cosmetics , shall survive beyond any term for which these Terms of Use are in effect. Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 49: ARBITRATION

You agree that any and all claims arising from or relating to these Terms or any good or service provided by us (Bailey Enterprises, LLC, “Palma Cosmetics”) to you and/or the person or entity you represent shall be subject to binding arbitration under the Federal Arbitration Act (“FAA”). This includes claims based on contract, tort, equity, statute, or otherwise, as well as claims regarding the scope and enforceability of this provision. It includes all claims by or against you, us, and/or others providing or receiving any product or service related to these Terms or your purchase(s) or transaction(s) with us. However, at the election of any party, any claims subject to the jurisdiction of a small claims court are not required to be arbitrated; nor are claims for injunctive relief to protect intellectual property rights.

A single arbitrator shall decide all claims and shall render a final, written decision. You may choose the American Arbitration Association (“AAA”), JAMS, or other similar arbitration service provider acceptable to us to administer the arbitration.  Consistent with the FAA, the appropriate AAA rules, JAMS rules, or other service provider rules shall apply, as determined by the arbitrator. For AAA and JAMS, these rules are found at www.adr.org and www.jamsadr.com.

Each party to the arbitration shall pay his, her, or its own costs of arbitration, unless otherwise required by the relevant arbitration rules.  If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules.

The parties waive any right to bring representative claims on behalf of a class of individuals or entities or on behalf of the general public (the “class action waiver”). The arbitration provision may be severed or modified if necessary to render it enforceable.  

By using this Site, you agree that Bailey Enterprises, LLC or one of its affiliates at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use are the entire agreement between you and us with respect to the Site and any User Content and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms of Use is found to be illegal or unenforceable, the remainder of the Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect.

SECTION 50: ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use 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 Use).

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

SECTION 51: GOVERNING LAW

This Privacy Policy agreement shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Massachusetts, in the United States of America without regard to the conflict of laws provisions thereof. Any action, suit or other legal proceeding that is commenced to resolve any matter arising under or relating to any provision of this Agreement shall be submitted to the exclusive jurisdiction of any state or federal court in Middlesex County, Massachusetts, United States of America. 

 

SECTION 52: PRODUCT DISCLOSURE 

Palma Cosmetics takes pride in letting you know all about our products and ingredients. We are a Clean Beauty Brand, our products are made in the USA, Leaping Bunny Certified, Cruelty Free, Gluten Free, GMO Free, Paraben Free, Sulfate Free, Lead Free, Synthetic Fragrance Free, Formaldehyde Free,Toluene Free, Bismuth Oxychloride Free, Phthalate Free and Triclosan Free. Also, most of the products are Vegan or Vegan Friendly, Synthetic Dye Free, Talc Free and Petrochemical Free. 

ATTENTION: NAIL POLISH WARNING STATEMENT

• Caution: Heat or Flame
• Flammable
• Store In A Cool Place/Avoid Heat or Direct Sunlight
• Make Sure You Have Good Ventilation When You Use Nail Products
• Avoid Inhalation
• Avoid Eye Contact
• Do Not Swallow
• Ingestion: Seek Medical Attention or Contact Poison Control Center
• KEEP OUT OF REACH OF CHILDREN AND ANIMALS

NAIL POLISH ORDER NOTATION

Please shake nail polish well before applying for best color results. Our nail polish is 21 Free and can separate during transit.

 

SECTION 53: CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at palmacosmeticscustomercare@gmail.com