Terms and Conditions
Welcome to the website for Baseblue Cosmetics (collectively hereinafter: “Baseblue”, “we”, “our”, or “us”). The information below (including any documents referred to herein) are the terms and conditions (hereinafter: “Terms and Conditions”) that apply to your use of our website (hereinafter: “Site”), www.basebluecosmetics.com. Please note that by using the Site, you consent to the Terms and Conditions. If you do not agree with the Terms and Conditions, please do not use the Site.
Revisions to Terms and Conditions
Please note that Baseblue may change, modify, add, or remove portions of this Terms and Conditions (including any documents referred to herein) periodically. We will post the revised Terms and Conditions here and update the “Last Modified” date below simultaneously. Please note that you should review our Terms and Conditions periodically to be aware of any revisions that we make. If there are any changes to this Terms and Conditions, we may send an additional notification email to our registered customers. By visiting our Site, or by accepting the changed Terms and Conditions through clicking the acceptance link in such notification email, you agree to accept such revised Terms and Conditions.
Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept VISA, MasterCard, American Express, Discover credit cards, and PayPal account for all purchases. You represent and warrant that: 1) the credit card and/or PayPal account information you supply to use is true, correct and complete; 2) changes incurred by you will be honored by your credit card company or PayPal; and 3) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order.
At Baseblue, we are doing our best to provide you with the accurate and reliable information, including but not limited to colors, price, availability, or description of products (hereinafter: “Product Information”) on our Site. Please note, the prices displayed on the Site are quoted in U.S. Dollars. However, sometimes, the Product Information stated on our Site may contain certain non-essential omissions, for example, typographical errors, inaccuracies, or data incompleteness. On other hand, we reserve the right to fix any omissions occurred on our Site and to update Production Information at any time without prior notice to you.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions and/or medical, aesthetical or other side-effects, discomforts or similar displeasures. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely an online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.
Shipping, Return and Exchange
Please refer to the Shipping, Return and Exchange policy for more details regarding this topic.
Disclaimer of Warranties
ANY CONTENT PRESENTED ON THE SITE IS PROVIDED ON AN “AS IS” BASIS. BASEBLUE MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF DESIGN, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO CASE SHALL BASEBLUE BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, WHATSOEVER, EXCEPT THAT DAMAGES FOR PERSONAL INJURIES SHALL NOT BE PRECLUDED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IT IS UNDERSTOOD AND AGREED THAT BASEBLUE’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY YOU AND UNDER NO CIRCUMSTANCES SHALL BASEBLUE BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Intellectual Property and Usage Restrictions
Any contents on the Site, including but not limited to: data, design, displays, graphics, images, information, logos, photography, product names, slogans, software, text, video and audio, and the selection and arrangement of the beforementioned (collectively “Content”) are subject to copyrights, trademarks, trade dress, unfair competition and other intellectual property rights that are owned or licensed by Baseblue.
Please note that you only have a limited right to access, use and display the Site and the Content of the Site for your personal, non-commercial use. You may only download, print any Content of the Site and/or the Site provided that you: 1) maintain the Content and all copyright, trademark notice contained within such Content; and 2) only use the Content for your personal, non-commercial use. Except as explicitly stated above, you may not publicly display or perform, broadcast, copy, download, reproduce, republish, transfer, transmit, modify, sell, or store this Site or any portion thereof without the express prior written consent of Baseblue. Also, you must not sell, resell, or reproduce any products or services you purchase or receive from Baseblue.
All rights are reserved.
You shall defend, indemnify, and hold harmless Baseblue, including its agents, directors, employees, managers, officers, and third-party service providers, from and against any and all damages, losses, liabilities, obligations, fees, costs, and expenses, including reasonable attorneys’ fees, arising out of any use of the Site or breach of any term of these Terms and Conditions by you or any other person accessing the Site through your account.
Choice of Law; Jurisdiction; Statute of Limitations
The validity, construction, and enforcement of this Terms and Conditions are governed by the laws of Washington, D.C., without regard to its principles of conflict of laws.
You hereby: 1) agree to submit yourself to the personal jurisdiction of the courts of Washington, D.C., including Federal Courts located therein, should Federal jurisdiction requirements exist, if any dispute arises out of or relate to this Terms and Conditions; 2) agree that you will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court; and 3) agrees that you will not bring any action arising out of or relating to this Terms and Conditions in any court other than any such court. You irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or proceeding arising out of or relating to this Terms and Conditions in courts of Washington, D.C. or Federal Courts located therein, and further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.
You agree that Baseblue shall have the right to proceed against you in a court in any location to enable Baseblue to: 1) obtain personal jurisdiction over you, or 2) enforce a judgment or other court order entered in favor or Baseblue. You agree that you will not assert any permissive counterclaims in any proceeding brought by Baseblue to enforce a judgment or other court order in favor of Baseblue.
No action, suit, or proceeding shall be brought, instituted or maintained against Baseblue unless brought within sixteen (16) months after accrual of the cause of action on which the action is based.
In the event if any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the invalidity, illegality or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision.
These Terms and Conditions and any other documents incorporated by reference constitute the entire agreement and understanding between you and Baseblue with respect to the subject matter of these Terms and Conditions, and supersedes all prior contemporaneous communications, representations, or agreements whether oral or written with respect to the subject matter thereof and has been induced by no representations, statements, or agreements other than those herein expressed.
If you have any questions or concerns about our Terms and Conditions, please feel free to contact us.
This Terms and Conditions is effective as of April 28 2019.