Terms of service

Terms and Conditions for the Online Sale of Goods Pintá Beauty LLC

Last modified: June 1, 2020

 

Welcome to Pintá! Thanks for shopping with us. 

 

  • THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PINTÁ BEAUTY LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.pintabeauty.com (the "Site" or "Website") and as integral part of such Website’s Terms of Use. These Terms are subject to change by Pintá Beauty LLC (referred to as "Pintá", "Company", "us", "we", or "our",  as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see 9).

  1. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by notifying our Customer Service Department at hello@pintabeauty.com.

  1. Prices and Payment Terms.
    1. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. The published prices do not include the sales and use tax (IVU, by its Spanish acronym), or any other applicable tax. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
    2. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, Maestro, American Express, JCB, Discover, Diners Club, Union Pay, Google Pay, Apple Pay for all purchases. You represent and warrant that (i) the credit card information you supply to us 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 all applicable taxes, shipping and handling costs, if any.

The Company outsources all payment processing and business transactions conducted on the Website to Shopify Payments (USA) Inc. The payment policy is governed in its entirety by the Shopify Payments Terms of Service; please refer to: https://www.shopify.com/legal/terms-payments-us

  1. Shipping Policy; Delivery; Title and Risk of Loss.
  1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process, unless explicitly stated by a valid promotion and the specific terms and conditions of 
  2. We are closed on weekends and major US holidays. All orders received on Friday after 12 noon, Saturday and Sunday will begin processing the following business day. Please allow three (3) to seven (7) business days for these orders to be processed as estimated times could vary between due to high traffic of orders. 
  3. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. We reserve the right to change the shipping methods and third-party carrier service provider at our sole discretion from time to time. Such change would not take effect on prior orders. 
  4. Shipping of Hazmat products. Since our nail enamel it is a Hazmat item it can only be sent through US Postal Service or FedEx in quantities less than a total of 3oz of product (equivalent to 6 bottles of 0.5oz nail enamel). In compliance with the US Department of Transportation, IATA Laws & Regulations orders we can send only a maximum of 6 nail enamels per shipment/order due to Hazmat shipping limitations and regulations.  If you wish to purchase more than 6 nail enamels (or more than 3oz of nail enamel product in total) your order will be shipped through separate parcels at current shipping. Please be aware when ordering.
  1. Returns, Refunds and Exchanges.

Except for any products designated on the Site as returnable, we will not accept return of the products for a refund of your purchase price and its respective shipping and handling costs. 

There are certain situations where only partial refunds are granted (if applicable). Any item not in its original condition, damaged or missing parts for reasons not due to our error and returned fifteen (15) days after its delivery are eligible for a partial refund at our sole discretion. 

On such situations, and upon written consent by us, you must return all damaged products for the applicable refund. You must email our Returns Department at hello@pintabeauty.com  to obtain permission and instructions on the terms of such refund. 

Refunds are processed within approximately five (5) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE THAT WERE PROPERLY DELIVERED. 

Please note that it may take longer than two weeks for PayPal and/or your financial institution to reflect the credit on your transaction. If you have not received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at hello@pintabeauty.com. 

We only exchange items if they are defective or damaged. If you need to exchange it for the same item, send us an email at hello@pintabeauty.com and send your item to: Pintá Beauty LLC, PO Box 105 Naranjito, PR 00966. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

  1. Goods Not for Resale or Export

You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. 

  1. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, https://pintabeauty.com/policies/privacy-policy , governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

  1. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

  1. Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Puerto Rico without giving effect to any choice or conflict of law provision or rule  that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Puerto Rico.

    1. Dispute Resolution and Binding Arbitration.
  • YOU AND PINTÁ BEAUTY LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

    1. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

  1. Assignment.

 You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  1. No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Pintá Beauty LLC.

  1. No Third-Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  1. Notices.
    1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to hello@pintabeauty.com; or (ii) by personal delivery, overnight courier or registered or certified mail to Pintá Beauty LLC, PO Box 105 Naranjito, PR 00966. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
  2. Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  1. Entire Agreement

Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.