Terms Of Service

1. INTRODUCTION, DEFINITIONS AND INTERPRETATION

1.1. These Terms & Conditions govern the use of the Blusher website (referred to as the 'Website') and the information contained therein (referred to as the 'Content'), as well as using the tools and services offered on the Website and subpages (referred to as 'Services') and purchase of products (referred to as 'Products') via the Website.
1.2. By accessing the Website, using the Services, or purchasing the Products, You agree to be bound by these Terms & Conditions, which constitute the agreement between Us and You (also referred to as 'Agreement'). Do not continue to use if You do not agree to take all the terms and conditions stated in this Agreement. Your continued use of the Website, or the use of the Services or the purchase of Products constitutes Your full acceptance of this Agreement.
1.3. The following terminology applies to this Agreement, Privacy Policy and Return & Refund Policy, and all other agreements: 'You' and 'Your' refers to you, the person who log to the Website, using the Services or purchasing the Products. 'Ourselves', 'We', 'Our' and 'Us', refers to Blusher. 'Party', 'Parties', or 'Us', refers to both You and Us. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they are taken as interchangeable and therefore as referring to the same. Headings are included in this Agreement for ease of reference only and shall not affect the interpretation or construction of this Agreement. Words such as 'include', 'including' and 'in particular' shall not be interpreted as limiting the generality of any foregoing words.
1.4. On the Website, We offer Products that may legally be sold and shipped in all U.S. states. We do not provide any Products to individuals outside the United States of America. If You are outside of the United States, We will not be able to provide Services to You or deliver the Products.
1.5. The Website and Products are not for children. If you are underage within the meaning of the applicable law, or you do not have your parent or an adult guardian's consent, do not continue to use the Website nor provide Us with any personal information.
1.6. Our Website is hosted on Vendo Connect Inc., which provides Us with the online e-commerce platform that allows You to use the Website, use the Services and purchase the Products.

2. GENERAL PROVISIONS

2.1. At any given time, We maintain the right to decline the access to the Website, the Content, the Services or purchase the Products to any individual for any reason, especially in the event of Your failure to comply with the terms of this Agreement. In the event of Your failure to comply with this Agreement, We have the right to immediately, without any notice, cease to provide any services to You.
2.2. At Our sole discretion, We retain the authority to change the Website, the Content, the Services, or the Products (including their photos, descriptions and price) without advance notice. Additionally, We reserve the right to cease or limit offering the Website, the Content, the Services, or the Products at any time, and without prior notification. This also applies to limiting the availability of selected Products or determining the maximum number that You can purchase.
2.3. You are required to provide accurate and current information about Yourself, including Your account details, contact details, payment methods (credit or debit card numbers and expiration dates), and addresses, including delivery addresses. You are responsible for ensuring that Your data are up to date. You are solely responsible for the lack of up-to-date data under the pain of recognizing that:
2.3.1. all notifications, including e-mails, delivered to data not updated by You have been delivered effectively;
2.3.2. orders, including shipped Products, have been delivered correctly. We will not be liable for any issues arising from incorrect or incomplete address details provided by You.

3. PRODUCTS, ORDERS AND PAYMENT

3.1. We offer various Products for sale on the Website. The description, specifications, and prices of the Products are provided on the respective product pages.
3.2. You may place an order for Products by following the designated process on the Website.
3.3. We reserve the right, at Our sole discretion, to reject or limit Your order, especially if:
3.3.1. the Product is no longer available or displayed as available by mistake;
3.3.2. the order appears to have been placed by dealers, resellers or distributors;
3.3.3. duplicate orders or too many orders placed on one account or these two different accounts but containing the same data (the same credit card, the same billing and/or shipping address).
3.4. In the event of rejection of Your order or its limitation, in accordance with section 3.3 above, We will try to contact You using the details provided by You.
3.5. You are to pay the total amount specified at the time of placing the order, including applicable taxes and shipping fees, using the provided payment methods.
3.6. We use the services of external payment processor to collect and settle fees. Such payment processors operate under their terms and conditions, regardless Us. You understand and accept the above and You are also aware that due to the policy of payment processors in case of any refund or chargeback, the payment processing fees from the original transaction may not be returned.
3.7. We reserve the right to modify the pricing of the Products without prior notification.
3.8. We have made every effort to ensure that the photos of Our Products, including their colors and features, reflect the actual appearance of the Products. However, We cannot guarantee the exact reproduction of colors and specific features of the Products on the display of the device You are using.
3.9. We do not guarantee that the quality of any Products will meet Your expectations.
3.10. We will make reasonable efforts to provide the Services and ship the ordered Products to You within the specified timeframe. However, We are not responsible for any delays or damages that may occur during shipping.

4. RETURN & REFUND POLICY

4.1. Detailed rules regarding Our return policy are in the Return & Refund Policy.
4.2. If You make a return contrary to the rules adopted in the Return & Refund Policy. We may refuse to accept the return of the Product and thus not refund You for it.
4.3. If eligible for a refund, You will be refunded the purchase price of the returned Product, subject to the terms of the Return & Refund Policy. However, Payment processing fees from Your original transaction may not be returned in case of a refund due to the payment processors policy in that regard.

5. PERSONAL INFORMATION

5.1. Information of how We use Your personal information can be found in the Privacy Policy.
5.2. By using Services or purchasing Products, You acknowledge that Your data, excluding credit or debit card information, may be transmitted without encryption and may undergo (a) transfers across different networks, and (b) modifications to conform and adapt to the technical specifications of connecting networks or devices. However, credit or debit card data is always encrypted during transmission over networks.

6. RESTRICTIONS AND RESPONSIBILITIES

6.1. You will not, and will not permit or induce any person or third party, to:
6.1.1. use the Website, the Content, the Services in such a manner that would enable any third party to access the Website, the Content, the Services;
6.1.2. use the Website, the Content, the Services, the Products for unlawful purpose which is understood to be non-compliance with any statute, statute, order, regulation, guidance or other similar instrument in any jurisdiction in which You are subject;
6.1.3. engaging in activities that infringe upon or breach Our intellectual property rights or the intellectual property rights of others;
6.1.4. use the Website, the Content, the Services, the Products in any manner that is harmful, fraudulent, deceptive, threatening, abusive, harassing, insulting, tortious, defamatory, vulgar, obscene, or libelous (including without limitation, accessing any computer, computer system, network, software, or data without authorization, breaching the security of another user or system, and/or attempting to circumvent any user authentication or security process);
6.1.5. impersonate any person or entity;
6.1.6. provide false information or data;
6.1.7. use the Website, the Content, the Services to post or make available any content that is illegal or pornographic;
6.1.8. gather or monitor the personal information or data of others;
6.1.9. upload or transmit virus, trojan horse, worm, time bomb, unsolicited bulk, commercial, or spam message, or other harmful computer code, file, or program (including without limitation, password guessing programs, decoders, password gatherers, keystroke loggers, cracking tools, packet sniffers, and/or encryption circumvention programs);
6.1.10. use the Website, the Content and the Services in any manner that, except to the extent permitted by the relevant laws, disassemble, reverse engineer, or decompile the Website, the Content and the Services;
6.1.11. use the Website, the Content and the Services to access any third-party computer system, network, software, or data without authorization, or to breach the security of a third-party user or system, and/or to circumvent any user authentication or security process.
6.1.12. You will be responsible for maintaining the security of Your account, passwords and files, and for all uses of Your account with or without Your knowledge or consent.
6.2. You acknowledge and agree that:
6.2.1. account names are administered on a first come, first serve basis;
6.2.2. intentional name squatting, or purchasing, soliciting, or selling of an account name is prohibited; and
6.2.3. We reserve the right to remove, rename, or close inactive accounts at Our discretion.

7. INTELLECTUAL PROPERTY, COMMENTS & REVIEWS

7.1. All intellectual property rights in the Website, the Content, the Services and the Products, including but not limited to trademarks, logos, belong to Us or belong to entities whose services We use and who grant Us licenses in this respect.
7.2. You are not allowed to reproduce, distribute, modify, alter, tamper with, repair, or otherwise create derivative works of any such intellectual property.
7.3. If You provide Us with any suggestions, comments, or other feedback related to the Website, the Content, the Services, or the Products, We will acquire all rights, including intellectual property rights to such feedback. Thus, You irrevocably and unconditionally transfer and assign to Us all intellectual property rights to the feedback and waive any moral rights in this regard. We can freely use the feedback, including freely disseminating and creating derivative works to develop the feedback itself and to improve the Website, the Content, the Services or the Products, or to create other products and services to which We will have full rights, including copyrights. We are not obligated, and do not have any obligation, to provide compensation for Your feedback.
7.4. If You decide to post a review or comment about the Website, the Services or the Product, it will be publicly available. Your reviews and comments will not contain defamatory or illegal content, offensive or vulgar language, or any computer viruses or malware. We reserve the right to, at our sole discretion and at any time, monitor, edit, or delete reviews and comments that We consider to be illegal, offensive, threatening, libelous, obscene, objectionable, or in violation of any party's intellectual property rights or the Agreement. For any review or comment You submit, You grant Us a perpetual, irrevocable, free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such reviews or comments.
7.5. If You believe that any material published on the Website, on the Content, or in connection with the Services or Products infringes Your copyright, contact us at the address of Our registered office or e-mail address: support@getvendo.com with the message subject 'DCMA notice'. We will take action to analyze Your notice and undertake to provide You with information about the actions taken.

8. THIRD PARTY TOOLS & LINKS

8.1. We may grant You access to optional third-party tools or services, however, by using them You are aware that such tools or services are beyond Our verification and control. We make no declarations regarding their usability, quality or safety and We shall not be liable for any issues arising from or related to Your use of that tools or services. If You use such tools or services, You are obliged to read the regulations concerning them.
8.2. You may find links to third party websites on Our Website and the Content, and when using Our Services or purchasing the Products. If You choose to click on such a link, You will be taken to a third party website which is subject to its own terms and conditions and over which We have no control. We are not responsible in any way for the content presented there and We are not responsible for any damage caused by Your use of such websites.
8.3. Any questions, complaints, claims regarding such tools, services or links referred to in this section 8 should be addressed directly to the third party.

9. WARRANTY

9.1. The Website, the Content, the Services, and the Products are provided as-is and as available and are without warranty of any kind, express or implied, including, but not limited to the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance, usage of trade, or course of dealing, all of which are expressly disclaimed, and We do not guarantee that the results that may be obtained from the use of the Website, the Content, the Services or from purchase the Product will be accurate or reliable.
9.2. You are aware and agree that the Website, the Content, and the Services consist of a wide range of different features and functionalities, and they will not always be available to all customers at all times and thus We do not warrant that the Website, the Content and the Services will be uninterrupted, timely, secure, or error-free.
9.3. We strive to ensure that the information on Our Website, as part of the Content, when using the Services or Purchasing products, is up-to-date and true. However, it is possible that this information contained errors and inaccuracies or omissions. These may pertain to product descriptions, pricing, promotions, offers, shipping charges, transit times, and product availability. In this case, after becoming aware of the error, We reserve the right to correct the information at any time without prior notice, which also applies if You have already placed an order.

10. LIABILITY & INDEMNIFICATION

10.1. We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website, the Content, the Services or the Products (including changing the prices).
10.2. To the fullest extent permitted by laws, We, Our personnel, affiliates, Our contractors, their personnel, or Our heirs, successors and assigns, shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, loss, claim, injury, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have has been advised of the possibility of such damages), whatsoever arising out of, resulting from Your use of the Website, the Content, the Services, or purchase the Product, especially for:
10.2.1. the unsuitability of the Website, the Content, the Services, the Products for the purposes assumed by You;
10.2.2. incorrect performance of the Agreement for reasons attributable to You, e.g., failure to adapt the equipment to the requirements technical, failure to secure the Your mobile device;
10.2.3. consequences of non-compliance by You with the Agreement or Our instructions or recommendations;
10.2.4. providing incomplete, untrue or inconsistent with the actual state data.
10.3. To the fullest extent permitted by laws, You will defend Us, Our personnel, affiliates, Our contractors, their personnel, or Our heirs, successors and assign against any claim, demand, suit or proceeding made or brought by a third party alleging related to Your violation of relevant laws or the Agreement.

11. TERM AND TERMINATION - CONDITIONS FOR TERMINATING AGREEMENT

11.1. The Agreement will remain in effect until either You or We decide to terminate them. You have the option to terminate the Agreement by notifying Us of Your intention or by stop using the Website, the Content, the Services or purchasing Products. However, even if You or Us decide to terminate the Agreement (including deleting Your account), We will still store Your data for a certain period of time.
11.2. Any obligations and liabilities of the Parties that were accrued before the termination of the Agreement will continue to exist and be enforceable even after the termination of this Agreement, serving all relevant purposes.

12. ENTIRE AGREEMENT

12.1. This Agreement and documents information available on the Website, constitutes the entire agreement and understanding of the Parties relating to the subject matter of this Agreement and supersedes any previous agreement or understanding between the Parties in relation to such subject matter. In entering into the Agreement, the Parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether Party to the Agreement or not) other than as expressly set out in the Agreement.


13. WAIVERS AND REMEDY

13.1. In no event will any delay, Our failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this Agreement or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.

14. SEVERANCE

14.1. If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.

15. MISCELLANEOUS

15.1. We reserve the right to unilaterally amend the Agreement at any time at Our sole discretion without warning. Each time You visit and use the Website, the Content, use the Services or purchase the Products, You are bound by the current version of the Agreement.
15.2. This Agreement and any disputes under or in relation to its subject matter (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the United States. To the extent permitted by relevant laws, any legal actions or proceedings arising out of or in connection with this Agreement shall be exclusively brought in the state or federal courts located within the jurisdiction of Our registered address.