Terms of service
Effective Date: October 12, 2021
- General Conditions of User Access to the Website
We reserve the right to refuse service to anyone for any reason at any time.
You understand that any content you submit through or to the Website (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website and associated Website Services, use of the Website, or access to the Website or any contact on the Website through which the Website Services are provided, without express written permission by us.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website and associated Website Service, violate any laws in your jurisdiction (including but not limited to trademark and copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.
- Age Minimums for Use of Website.
- Your Account Credentials and Personal Information.
Access to and use of aspects of the Website may require you to register and create a user account (“Account”) with the Website. If you opt to register and create a user Account with the Website, you must provide and submit certain information, which must be complete, current and accurate and maintained by you to ensure it is accurate at all times. You agree to maintain your log-in information confidential (“User Account Credentials”) and you further agree that you will not allow any other person or third party to use your Account or User Account Credentials. You may not create an account for another person (including a Minor as defined above) or otherwise create any fraudulent Accounts or User Account Credentials. We will not be liable for any loss or damage that results from the unauthorized use of your Account, with or without your knowledge; you are fully responsible for your failure to safeguard your User Account Credentials or for permitting any other person or entity to access or use your Account and you agree that we may attribute all access to the Website through your Account or User Account Credentials (including product purchases) to you. We have the right to suspend or cancel your Account and/or User Account Credentials at any time for any or no reason as determined in our sole and exclusive discretion.
- Text Messaging.
If you provide your cell phone number when creating your Account and establishing your User Account Credentials, by so providing your cell phone number you agree to receive autodialed, pre-recorded, non-marketing, service-related text messages from or on behalf of the Website, Parlux and Lash Beauty, LLC at the cell phone number that you have provided. You further agree to receive autodialed and pre-recorded text messages from or on behalf of the Website, Parlux and Lash Beauty, LLC at the number provided for marketing or promotional purposes. Message and date rates may apply. The frequency of text messages delivered to you will depend on your transactions with us. All charges are billed by and payable to your wireless service provider (including any international rates if you are out of your service network at the time of transmission). Text message services are provided on an “as is” basis. If you do not wish to continue receiving text messages, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message or follow any other provided “opt out” instructions. You may receive additional mobile messaging to confirm your decision to opt out.
BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE WE MAY USE AUTOMATIC DIALING SYSTEM(S) TO DELIVER TEXT MESSAGES TO YOU AND YOUR CONSENT TO RECEIVE SUCH TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.
- Ownership and Accuracy of Material on the Website.
All trademarks and servicemarks, tradenames, logos, trade dress, copyright, design rights and other intellectual property rights in the Website (the “Website Intellectual Property”), including but not limited to its contents, features, experiences and functionality, as such terms and rights are defined and protected in each jurisdiction where this Website is accessible are either owned by Parlux, its licensor or is licensed to us by third-party rights holders. All such rights are protected by United States and international intellectual property laws and all rights identified herein and all other rights not expressly granted herein are reserved to their respective owners. Any use of the Website and its contents, other than as authorized herein, is strictly prohibited. Third-party trademarks and other intellectual property rights (“Third-Party Rights”) may appear on the Website and such trademarks and rights are owned by the respective third-party holders, who may or may not endorse the Website, or otherwise be affiliated with or connected to the Website or Parlux. Use of any Third-Party Rights is not permitted by any user of this Website nor should access to the Website be constructed by any Website user as granting a license or right to use any Website Intellectual Property or any Third-Party Rights without the respective owner’s prior written permission, in each and every instance.
- Accuracy, Completeness and Timeliness of Information on the Website.
We are not responsible if information made available on this Site is not accurate, complete or current. This Website may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting or aggregating services. All statements and/or opinions expressed in any third-party materials, identify the opinions solely of the source of such third-party materials. All The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
We are not responsible or liable to you or any third party for the content or accuracy of any materials or content provided by third parties to the Website and we disclaim all liability and responsibility arising from your reliance on the Website content or accuracy of the Website content, which you are accessing and using at your own risk.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website we control is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information presented on the Website or on any related website has been modified or updated.
- Third-Party Links.
Certain content, products and services available via our Website may include materials from third-parties available and/or accessible through third-party links, which may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- Third-Party Tools.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools on an ”as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- User Comments, Feedback and Other Submissions.
- Accessibility to the Content.
We make no representations and provide no warranties that the Website will be made available at any specific time or from any specific geographical location or that the Website will be accessible or optimized on all browsers, computers, tablets, phones, devices or other viewing platforms. Our Website is provided for users in the United States. Although it may be possible to access the Website from other countries, we make no representation that our Website is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Website will be appropriate for users in other countries, territories or regions.
- Prohibited Uses of the Website.
- Product Purchases, Modifications to the Services and Pricing Changes.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that are available for purchase through the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time, without notice, in the sole discretion of Parlux. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Website service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service. Please refer to our Shipping and Returns Policy for additional information regarding product purchases from the Website.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases from our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Shipping and Returns Policy.
You may have the opportunity to participate in sweepstakes, contests, or promotions (collectively, “Promotions”) offered through the Website. All such Promotions will be subject to printed conditions published on this Website or any affiliated third-party application or website, including conditions for entry and/or participation in such Promotion(s). Failure to abide by the terms and conditions of entry and/or participation may result in the user’s disqualification from the Promotion and/or suspension or cancellation of User Account privileges to this Website.
- Disclaimer of Warranties; Limitation of Liability.
We do not guarantee, represent or warrant that your use of our Website and Website Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
You agree that from time to time we may remove the service or suspend Website Services for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service and Website is at your sole risk. The Website, service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Parlux, Lash Beauty, LLC, and each of their parents, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website, Website Service or any products procured using the Website Service, or for any other claim related in any way to your use of the Website Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- Disclaimers and Notices.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL THE FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE SERVICES, THE WEBSITE CONTENTS, USER CONTENTS, OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INOFMRATION ON THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE OR USEFUL.
SOME JURISIDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT YOU RESIDE IN SUCH A JURISIDICTION.
- Legal Notices; DMCA Notice.
We may give you all required legal notices (including service of process) by any lawful method, including posting of notices on the Website or by sending it to any email address that you provide when establishing your Account with the Website or that you provide when otherwise interacting with us or the Website. You agree to send notices to us by mailing them to Parlux, 630 Third Avenue, Suite 602, New York, NY 10017, Attention: Legal Department.
If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights under United States Copyright law, you may submit a notification pursuant to Title 17, United States Codes, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of any exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonable sufficient to permit Parlux to locate the material;
- Information reasonably sufficient to permit Parlux to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The email address for Parlux’s designated agent to receive notification of claimed copyright infringement is: Support@billieeilishfragrances.com. You acknowledge that if you fail to comply with all of the requirements of this Section 10(b), your DMCA notice may not be valid.
- Notice to California Residents.
NOTICE TO CALIFORNIA RESIDENTS: BY USING THE WEBSITE YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Pronoun choice in this notice is not meant to be exclusive but is used to comply with legally-required phrasing under California law.
If the Website is at any time deemed an electronic commercial service (as defined under Cal. Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
Website Provider: Parlux
Postal Address: 630 Third Avenue, Suite 602, New York, NY 10017
If the Website is deemed an electronic commercial service, you may file a complaint regarding the Website or request further information regarding use of the Website by sending an inquiry to the attention of “Legal Department” at the above address.
- Entire Agreement.
- Governing Law.