KERAMER’S TERMS OF USE

Last Updated: OCTUBRE 15, 2020

These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by KERAMER CORP. ("KERAMER"), including https://shopusa.recamier.com  (the "Site"). We may add additional Sites from time to time as we expand our beauty offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.

BY USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

KERAMER reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If KERAMER decides to change these Terms of Use, KERAMER will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

Section 1. Terms of Sale

Shipping: All orders placed on this Site are subject to product availability and will be shipped to the terms specified in the Shipping chart available at our Site. Shipping and handling charges will depend on destination, and will be calculated after applicable discounts and before sales tax.

If you ordered more than one item, they may be arriving in separate shipments. We do not guarantee any specific delivery dates or times. In the rare event that your order never arrives, you must send us email https://www.recamier.com/usa/web/contacto/ with the lost items within 30 days of receipt of the shipping confirmation email.

Cancellation, Returns and Exchanges: If for any reason you are not happy with our products, you can exchange an item for another item, or return it for a credit or refund (additional shipping, handling, gift wrap and other charges may apply), subject to the following terms and limitations.

We only accept returns or exchanges up to 15 days from the original date of shipment with purchase receipt. Any exchange or return of products should be sent back completed, unused and in the original, undamaged, and unopened box and packaging. If you received a damaged or defect product, in order for us to deliver optimal customer service and the corresponding refund/replacement of the product, we may require that you please send us a description of the product you purchased, its defect and photos of the product and its packaging as received. No changes will be made to products that have been used or taken from their original packaging and do not have all their parts and accessories.

 

 

 
To make a return or exchange, please pack the item safely and securely for shipping, include the packing slip, purchase receipt and send the package with postage prepaid via a traceable and insurable method to: https://www.recamier.com/usa/web/contacto/ .

 

Refunds with credit/debit card purchases will be credited to the original card used only within the next 10 days. If a payment method other than a credit card was used for your order (such as PayPal) a merchandise card/ check will be issued. If exchanging a product, any positive balance will be refunded in the original form of tender.

 

Cancellations of orders will only be accepted if requested in writing to https://www.recamier.com/usa/web/contacto/  within the next hour after your purchase. KERAMER will have 10 days to refund you through the same method you used to pay. 

 

Sales Tax: KERAMER is required by law to collect sales tax on orders shipped to Florida. If your order is shipping to any location in Florida, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. KERAMER reserves the right to collect sales tax in any other jurisdictions if KERAMER believes that such collection is required by law.

 

Section 2.  Prices and Payment

 

1. Prices. Users may be charged pursuant to the rates quoted via the KERAMER Site to the purchase of Products. KERAMER has the authority and reserves the right to determine and modify pricing by posting revised applicable Prices through the Site or by applying advertised sales or promotional discounts to the posted Products, which will be disclosed to you prior to your submission or acceptance of Product purchase. You are responsible for reviewing the applicable Prices prior to the submission or acceptance of Product purchase. As a User, you shall be responsible for all incurred Prices charged under your User account regardless of your awareness of such Prices or the amounts thereof.  

 

1. Payment Processing Service. Users and Providers are obligated to pay in advance for the Products they order through the Site. To facilitate payment for the Services, each User may be required to register a credit card or bank account details. You authorize us and the payment processing service retained by us (third-party payment processor) to facilitate the transaction of the Services and the payment remittance of all applicable charges and fees between you and us. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD (S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to KERAMER the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. We will use third party services to process credit card information. By accepting this Agreement, you are giving KERAMER (or a third-party payment processor on KERAMER’s behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe KERAMER. Depending on the transaction you selected or services requested, KERAMER may charge you on a one-time or recurring basis.

 

1. Promotions. KERAMER, at its sole discretion, may offer promotions with different features to any of our Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with KERAMER. You are not required to participate in promotions.

Section 3. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• To impersonate or attempt to impersonate KERAMER or any KERAMER employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm KERAMER or users of the Site or expose them to liability;
• To engage in activity or submit Content that harasses or advocates harassment of another person;

• To engage in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to others;
• To engage in activity, submit Content, or promote information, that is fraudulent, false, misleading, inaccurate and/or constitutes a misrepresentation, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• To submit Content that contains restricted or password-only access pages, or hidden pages or images;
• To submit Content that displays pornographic or sexually explicit material of any kind;

• To use any robot, spider or other automatic device, or a manual process, to access, monitor or copy web pages or the Materials contained in the Site or for any other unauthorized purpose.

Section 4. Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site are Copyright of KERAMER. ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of KERAMER and protected by U.S. and international copyright laws. All software used on the Site is the property of KERAMER or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with KERAMER, using the Site as a shopping resource. Any other use of materials on the Site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of KERAMER is strictly prohibited.

Section 5. Trademarks

KERAMER and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of KERAMER and may not be used in connection with any product or service that is not offered by KERAMER in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Section 6. Product Information

The products displayed on the Site can be ordered and delivered only within the U.S. KERAMER products displayed on the Sites may be available in select distributors retail stores in the U.S. and certain foreign markets. All prices displayed on https://shorusa.recamier.com are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by KERAMER.

All material and information presented by KERAMER is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through KERAMER are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from KERAMER it should be only after the legal or parental guardian has discussed the product with the minor's doctor.

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. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely 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 Sites 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. KERAMER does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource.

The products available on the Sites, including any samples KERAMER may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from KERAMER. KERAMER reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by KERAMER in its sole discretion.

Except where prohibited by law, KERAMER may limit the number of products available for purchase.

KERAMER may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. KERAMER does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between KERAMER and such third party. KERAMER does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. KERAMER is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to KERAMER through the Community; do not necessarily reflect the views of KERAMER.

Section 7. Reservation of Rights

KERAMER reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of Sites. KERAMER may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of KERAMER (and its employees), its users and the public.

Section 8. Disclaimer of Warranties

KERAMER IS PROVIDING THE SITES, THEIR CONTENTS AND ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, KERAMER DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, KERAMER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

Section 9. Disclaimer of Liabilities

KERAMER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. This provision does not apply to New Jersey residents.

Section 10. Indemnification

You agree to defend, indemnify and hold harmless KERAMER (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites.

Section 11. Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates KERAMER’s published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity. 

Section 12. Privacy

By submitting your email address in connection with your account, you agree that KERAMER and its third-party service providers may use your email address to contact you about your KERAMER account or Content you have submitted to the Site, or for other administrative purposes and for any other purpose permitted or required by law. KERAMER's Privacy Policy provides further detail on the manner in which KERAMER may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Sites.

Section 13. Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and KERAMER's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Section 14. English Language

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.

Section 15. Dispute Resolution

If a dispute should arise between you and KERAMER, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable sending an email to https://www.recamier.com/usa/web/contacto/.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND KERAMER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

Section 16. Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

ARBITRATION CLAUSE. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Broward County, Florida. The laws of the State of Florida shall apply.  Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

EXCEPTIONS. Nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND KERAMER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and KERAMER agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permitted under applicable law.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.

In the event any litigation should arise between you and KERAMER in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND KERAMER WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

Section 17. Choice of Law/Forum Selection

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Broward County, Florida.

Section 18. Severability

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by KERAMER, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.

Section 19. No Agency

You and KERAMER are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.

 Section 20. Notices

Except as explicitly stated otherwise, any notice to KERAMER shall be given by certified mail, postage prepaid and return receipt requested to:

KERAMER CORPORATION

4801 JOHNSON RD., STE 7

COCONUT CREEK, FL 33073-4359

 

Section 21. California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE SITE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.