SALON DISTRIBUTORS

TERMS OF USE

Welcome to Kerarganic Cosmetics, LLC website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Kerarganic's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS SITE SUCH AS FEATURES, CONTENT, TRADEMARKS, APPS, WIDGETS OFFERED OR ANY PURCHESES MADE THROUGH THIS WEBSITE.  These terms and conditions shall apply to all users of the site, including, without limitation, users who are contributors of content, information and other materials or services on the site. The use of this website is subject to the following terms of use:

LICENSE

Kerarganic grants you a non-exclusive, non-transferable, revocable, limited license to use the photographs, images, artwork and other written / visual materials, Trademarks, Copyrights appearing on the Kerarganic websites (the "Images/Files") in accordance with the terms and conditions of this license agreement ("License"). The Distribution Agreement which you have entered into with Kerarganic pursuant to which you have been authorized to sell Kerarganic products (the "Distribution Agreement"). Capitalized terms used herein shall have the meanings ascribed to them in the Distribution Agreement, unless the context otherwise requires.

PROPRIETARY RIGHTS

You recognize and acknowledge that (a) Kerarganic is the owner of all rights, title and interest in and to the Images/Files in any and all forms thereof, and Kerarganic is also the owner of the goodwill attached to or associated with the Images/Files, including that which arises from the sale of the Products, (b) all rights in and to the Images/Files/visuals are and shall remain the sole property of Kerarganic (c) your rights to use the Images/Files shall be governed by this License Agreement and the Distribution Agreement, and in the event of a conflict between the two agreements, the terms of this License Agreement shall govern, (d) you do not have the right to modify or make any changes to the Images/Files without the prior written consent of Kerarganic. Your use of the Images/Files will be in compliance with any rules or guidelines established by Kerarganic in its sole discretion from time to time. You shall have no other rights to the Images/Files or any other intellectual property belonging to Kerarganic or to any of its affiliates.

PERMITTED USES

During the term of the Distribution Agreement, KERARGANIC authorizes the Distributors to use the Images/Files in the Territory on or in relation to the Products for the sole purpose of exercising your rights and performing your obligations under the Distribution Agreement and only in such form and manner as are specifically approved in writing by KERARGANIC, in its sole discretion, and for no other purpose. KERARGANIC may withdraw its approval for any previously authorized use of the Images/Files upon notice to you at any time and, in such event, you shall immediately cease such use. You acknowledge that the Images/Files shall be deemed to be part of the "Promotional Materials and Artwork" described in the Distribution Agreement.

PROHIBITED USES

YOU MAY NOT

  1. Use any image/file unless explicitly permitted by this License;
  2. Duplicate any image/file thereof, for backup/archival purposes;
  3. Sublicense, rent, lease, sell, lend or distribute the image/file to any third-party;
  4. Use any image/file in electronic format, whether for online or offline purposes or in any other multimedia applications unless the image/file is incorporated for viewing purpose only. No permission is granted to any third-party to download or save the image/file;
  5. Transfer this license to any other individual, business or legal entity;
  6. Use, permit the use of, or attempt to register the images/files as a trademark or service mark which could result as infringement of right of publicity or other intellectual or proprietary right of any party;
  7. Claim any proprietary rights of any kind with respect to the Images/Files or seek to register the copyright in or to the Images/Files;
  8. Use any image/file in association with identifiable individuals, identifiable products or identifiable entities, except with the prior written permission of KERARGANIC or pursuant to the terms of this License or the Distribution Agreement;
  9. User should not upload, post, e-mail, or otherwise transmit any User Content that is inaccurate, unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, offensive, profane, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains or depicts nudity or explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or is otherwise inappropriate as determined by us in our sole discretion;
  10. Create scandalous, obscene, defamatory or immoral works that incorporate the images/files;
  11. Use the Images/Files in connection with any product or service offered or sold by a competitor of KERARGANIC; or
  12. Use the Images/Files for any purpose prohibited by law.

TERM

The term of this License shall continue throughout the term of the Distribution Agreement, provided that you are in compliance with the terms and conditions herein and with the terms and conditions of the Distribution Agreement. This License will terminate immediately if you fail to comply with any of its terms or conditions or upon termination of the Distribution Agreement, whichever is first to occur. You agree, upon termination, to destroy all copies of the Images/Files of Kerarganic content. Notwithstanding the foregoing, you shall immediately cease any use of the Images/Files (or such portion thereof as Kerarganic shall designate) upon your receipt of notice from Kerarganic that your rights to use the Images/Files (or a designated portion thereof) have terminated for any reason whatsoever.

NO WARRANTIES

THE IMAGES/FILES ARE PROVIDED AND LICENSED BY KERARGANIC ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, EXCLUSIVITY, NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE IMAGES/FILES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL KERARGANIC HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR EXPENSES ARISING OUT OF THIS LICENSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR EXPENSES FOR ANY: LOSS OF USE; LOST PROFITS; LOST BUSINESS; LOST OPPORTUNITY, LOST DATA; COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; AND, BUSINESS INTERRUPTION) WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND WHETHER OR NOT KERARGANIC OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR EXPENSE . THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

INDEMNIFICATION:

YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS KERARGANIC, ITS PARENTS, SUBSIDIARIES, AFFILIATES ("KERARGANIC ENTITIES"), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS, LICENSORS AND DISTRIBUTORS AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, SUITS, LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND OTHER LITIGATION EXPENSES) INCURRED BY THE KERARGANIC ENTITIES, ARISING OUT OF OR RELATING TO (A) YOUR VIOLATION OR BREACH OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY OF THIS LICENSE; (B) YOUR USE OF THE IMAGES/FILES; OR (C) YOUR VIOLATION, ALLEGED VIOLATION, OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADEMARK, COPYRIGHT, PATENT, TRADE SECRETS) OR NON-PROPRIETARY RIGHT OF A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, DEFAMATION, LIBEL, VIOLATION OF PRIVACY OR PUBLICITY). YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS INDEMNITY SHALL BE DEEMED TO APPLY TO, AND EXIST FOR THE BENEFIT OF, KERARGANIC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS, LICENSORS AND DISTRIBUTORS.

GENERAL

This License and the Distribution Agreement constitute the entire agreement between you and KERARGANIC, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. You may not assign this License without the written permission of KERARGANIC, however KERARGANIC may assign this License at any time. Neither any failure nor any delay on the part of either party hereto in exercising any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise or any right hereunder preclude any other or further exercise thereof or the exercise of any other right. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. This License shall be governed by, and construed in accordance with, the laws of the Puerto Rico USA (excluding any conflict of laws, rule or principle that might refer to the laws of another jurisdiction). You agree that, except as set forth below, all actions, claims, disputes and proceedings arising in connection with this License, your obligations hereunder or any alleged breach hereof, shall be tried and litigated solely and exclusively in the state or federal courts located in the Puerto Rico. You further agree that you shall be subject to personal jurisdiction in the Puerto Rico and consent to any and all actions or proceedings brought therein arising out of this License, your obligations hereunder or any alleged breach hereof. The aforementioned choice of forum clause is intended by the parties to be mandatory and not permissive in nature thereby precluding the possibility of litigation between the parties in any other forum or jurisdiction; provided, however, that nothing contained herein shall preclude KERARGANIC from bringing an action or proceeding in any jurisdiction seeking an injunction or other equitable relief against you. You hereby waive any right that you might have to assert that any litigation between the parties should be maintained in a different forum or jurisdiction for any reason including, without limitation, based on the doctrines of forum non-convenience or improper venue, or any similar theory.

Legal Disclosure:

KERARGANIC may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier, (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Use or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to our Sites or the public.

Shipping Policy

Each order is shipped within 3 to 7 working days. Kerarganic products can be shipped anywhere around the world. Your order will be delivered to the shipping address provided through your registration on Kerarganic.com

Shipping in the US

The shipping cost will vary from state to state. Shipping cost will be determined on three parameters.

  1. Weight
  2. Size
  3. Address (Residential Addresses constitute additional charges)

All shipping will be delivered by USPS, FedEx or UPS courier service.

International Shipping

For shipping outside United States standard-shipping rates will be applied depending on the destination country.

Tracking order:

An email will be sent to user when he/she purchases an item from Kerarganic.com. The email will comprise an order status to track your order status by regularly visiting the website.

Expected Time to receive:

The Maximum time to deliver a product to the Customer is 7 working days after approval of payment.

Return Policy

To get a full product refund due to damaged goods bought from Kerarganic.com, the company must be informed within 2 days of the product delivery date by sending a product photo and clarification of the issue to sales@Kerarganic.com

Please note the following for return policy:

  1. Product damaged by the customer will not be eligible for return
  2. Refunds will only be processed when the item is received by Kerarganic
  3. Refunds will only be proceeded on furnishing of original receipt issued by Kerarganic
  4. Once returned product is received, the refund will be made to the customer’s credit card.
  5. All other costs incurred for shipping / returns will be borne by the customer/ Distributor.

 

Frequently Asked Questions

  1. I finished my first purchase and received a confirmation SMS/Email. What should I do?
    Well done on your first purchase with Kerarganic.com. Unless prompted, you need not to respond, reason you will receive an email is to guarantee you are able to track your order with the order ID.
  2. It has been more than 3 to 7 days and my Order is still not received! Where is it?
    3 to 7 business days is the typical time required for receiving an item bought on Kerarganic.com. Unfortunately, delays might occur for some many reasons, and for that, we apologize. Causes for this can comprise, but are not limited to:
    There could be extraordinary volumes in delivery from the Courier Company or other unexpected delivery schedule issues, and even at times delays from the buyer side such as missed communication to approve purchase or to schedule a delivery time among other things.
    If you have any concerns, you can reach our Customer Service Team through the Contact Us page via the inquiry form or email us at sales@kerarganic.com.
  3. I am still concerned! What would happen if my item gets lost?
    If the shipping carrier misplaces the shipment then we would resend the order immediately upon receipt of confirmation.
  4. Come on now, it’s already more than 10 business days now, what is happening?
    KERARGANIC works with standard shipping carriers and from time to time the company is subject to irregular weather patterns that may affect delivery time. For more information about your delivery time please contact us at sales@kerarganic.com
  5. Okay, this is not what I ordered?
    No worries! We will assist you in correcting that. Also as a Kerarganic.com shopper you do possess the right to return an item within three (3) days, even if it is the exact same item you have ordered - as long as it meets our return policies specifically being in the similar condition received and with the original packing unbroken.
  6. What happens if I would like to return item after three (3) days?
    Yes, you can - if your item is defective or not satisfactory due to a product defect as it is meant to - then you can still return the item and we will arrange a pickup to be returned to the seller and get your money refunded. To do so please contact our Customer Service Team through email to sales@Kerarganic.com
  7. Do I acquire the full total returned/refunded to me for a Returned item?
    Shipping fees will be subtracted from the amount, but you will obtain a refund for the balance. This fee will be waived if the new order is made at the time of the return authorization or item was not satisfactory. If it is a return as you have just changed your mind then the shipping fees will be paid by the customer. We will just refund you the amount paid for the item.
  8. I am still not comfortable with my personal information – What happens then?
    Regrettably, it is obligatory at times, and in the case of Credit Cards, we merely ask for the information of the credit card.
  9. I filed my complaint and communicated with your Customer Services and nothing has happened yet?
    You are requested to please check your SPAM email folder to make sure you are not missing on replies from our Customer Service. Alternatively, you can contact Kerarganic at sales@Kerarganic.com.