Terms and Conditions
Welcome to www.joyalbeauty.com. Joyal Beauty provides website features and beauty products and services to you when you visit or shop at joyalbeauty.com. Joyal Beauty provides the services subject to the following conditions.
By using Joyal Beauty Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Joyal Beauty Services, and sometimes additional terms may apply. When you use an Joyal Beauty Service, you also will be subject to the guidelines, terms and agreements applicable to that Joyal Beauty Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Policy, which also governs your use of Joyal Beauty Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any Joyal Beauty Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Joyal Beauty Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Joyal Beauty and protected by United States and international copyright laws. The compilation of all content included in or made available through any Joyal Beauty Service is the exclusive property of Joyal Beauty and protected by U.S. and international copyright laws.
TRADEMARKS
Joyal Beauty is a registered trademark. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Joyal Beauty Service are protected in the U.S. Joyal Beauty's trademarks and trade dress may not be used in connection with any product or service that is not Joyal Beauty's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Joyal Beauty. All other trademarks not owned by Joyal Beauty that appear in any Joyal Beauty Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Joyal Beauty.
PATENTS
One or more patents owned by Joyal Beauty apply to the Joyal Beauty Services and to the features and services accessible via the Joyal Beauty Services. Portions of the Joyal Beauty Services operate under license of one or more patents.
LICENSE AND ACCESS
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Joyal Beauty without express written consent. You may not misuse the Joyal Beauty Services. You may use the Joyal Beauty Services only as permitted by law.
YOUR INFORMATION
If you use any Joyal Beauty Service, you are responsible for maintaining the confidentiality of your information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Joyal Beauty does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Joyal Beauty Services only with involvement of a parent or guardian. Joyal Beauty reserves the right to refuse service, terminate transactions, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other contents regarding Joyal Beauty products on third party websites; and submit suggestions, ideas, comments, questions, or other information to Joyal Beauty directly, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
If you do post content or submit material, and unless we indicate otherwise, you grant Joyal Beauty a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Joyal Beauty and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Joyal Beauty for all claims resulting from content you supply. Joyal Beauty takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Joyal Beauty respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us for making claims of copyright infringement.
RISK OF LOSS
All items purchased from Joyal Beauty 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.
RETURNS, REFUNDS AND TITLE
Joyal Beauty does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Joyal Beauty does not take title to the refunded item. For more information about our returns and refunds, please see our Shipping and Returning Policy.
PRODUCT DESCRIPTIONS
Joyal Beauty attempts to be as accurate as possible. However, Joyal Beauty does not warrant that product descriptions or other content of any Joyal Beauty Service is accurate, complete, reliable, current, or error-free. If a product offered by Joyal Beauty itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on any Joyal Beauty Service represents the full retail price listed on the product itself, suggested by Joyal Beauty, or estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered at Sale Price by Joyal Beauty, the List Price is also suggested by Joyal Beauty.
DISPUTES
Any dispute or claim relating in any way to your use of Joyal Beauty Service, or to any products or services sold or distributed by Joyal Beauty or through joyalbeauty.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Joyal Beauty Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Joyal Beauty.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Joyal Beauty reserves the right to make changes to our site, policies, Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
By using Joyal Beauty Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Joyal Beauty Services, and sometimes additional terms may apply. When you use an Joyal Beauty Service, you also will be subject to the guidelines, terms and agreements applicable to that Joyal Beauty Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Policy, which also governs your use of Joyal Beauty Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any Joyal Beauty Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Joyal Beauty Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Joyal Beauty and protected by United States and international copyright laws. The compilation of all content included in or made available through any Joyal Beauty Service is the exclusive property of Joyal Beauty and protected by U.S. and international copyright laws.
TRADEMARKS
Joyal Beauty is a registered trademark. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Joyal Beauty Service are protected in the U.S. Joyal Beauty's trademarks and trade dress may not be used in connection with any product or service that is not Joyal Beauty's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Joyal Beauty. All other trademarks not owned by Joyal Beauty that appear in any Joyal Beauty Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Joyal Beauty.
PATENTS
One or more patents owned by Joyal Beauty apply to the Joyal Beauty Services and to the features and services accessible via the Joyal Beauty Services. Portions of the Joyal Beauty Services operate under license of one or more patents.
LICENSE AND ACCESS
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Joyal Beauty without express written consent. You may not misuse the Joyal Beauty Services. You may use the Joyal Beauty Services only as permitted by law.
YOUR INFORMATION
If you use any Joyal Beauty Service, you are responsible for maintaining the confidentiality of your information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Joyal Beauty does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Joyal Beauty Services only with involvement of a parent or guardian. Joyal Beauty reserves the right to refuse service, terminate transactions, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other contents regarding Joyal Beauty products on third party websites; and submit suggestions, ideas, comments, questions, or other information to Joyal Beauty directly, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
If you do post content or submit material, and unless we indicate otherwise, you grant Joyal Beauty a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Joyal Beauty and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Joyal Beauty for all claims resulting from content you supply. Joyal Beauty takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Joyal Beauty respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us for making claims of copyright infringement.
RISK OF LOSS
All items purchased from Joyal Beauty 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.
RETURNS, REFUNDS AND TITLE
Joyal Beauty does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Joyal Beauty does not take title to the refunded item. For more information about our returns and refunds, please see our Shipping and Returning Policy.
PRODUCT DESCRIPTIONS
Joyal Beauty attempts to be as accurate as possible. However, Joyal Beauty does not warrant that product descriptions or other content of any Joyal Beauty Service is accurate, complete, reliable, current, or error-free. If a product offered by Joyal Beauty itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on any Joyal Beauty Service represents the full retail price listed on the product itself, suggested by Joyal Beauty, or estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered at Sale Price by Joyal Beauty, the List Price is also suggested by Joyal Beauty.
DISPUTES
Any dispute or claim relating in any way to your use of Joyal Beauty Service, or to any products or services sold or distributed by Joyal Beauty or through joyalbeauty.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Joyal Beauty Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Joyal Beauty.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Joyal Beauty reserves the right to make changes to our site, policies, Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
LEGAL DISCLAIMER
Joyal Beauty products are purely cosmetic products. A cosmetic is a product intended to be applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance only. Our cosmetic products are NOT intended for use in the cure, mitigation, treatment, or prevention of any diseases, and are NOT intended to affect the structure or any function of the body.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE JOYAL BEAUTY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JOYAL BEAUTY SERVICES ARE PROVIDED BY JOYAL BEAUTY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. JOYAL BEAUTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE JOYAL BEAUTY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JOYAL BEAUTY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE JOYAL BEAUTY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JOYAL BEAUTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JOYAL BEAUTY DOES NOT WARRANT THAT THE JOYAL BEAUTY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JOYAL BEAUTY SERVICES, JOYAL BEAUTY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM JOYAL BEAUTY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JOYAL BEAUTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY JOYAL BEAUTY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY JOYAL BEAUTY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE JOYAL BEAUTY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JOYAL BEAUTY SERVICES ARE PROVIDED BY JOYAL BEAUTY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. JOYAL BEAUTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE JOYAL BEAUTY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JOYAL BEAUTY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE JOYAL BEAUTY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JOYAL BEAUTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JOYAL BEAUTY DOES NOT WARRANT THAT THE JOYAL BEAUTY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE JOYAL BEAUTY SERVICES, JOYAL BEAUTY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM JOYAL BEAUTY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JOYAL BEAUTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY JOYAL BEAUTY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY JOYAL BEAUTY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
