Welcome to Organic-Cosmetica.com
THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our website. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our website. If you are under 13 years old, you may browse our website. However, you may not provide personal information to us, make a purchase on the website nor register on the website. This website is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. If you choose to use our website, you must agree to our terms and conditions.
- Products and Services for Personal Use
The products on the website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the product, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
- Organic Cosmetica is not responsible for lost or stolen e-gift cards. We will do our best to help you recover or cancel the lost e-gift card, but cannot make any guarantees.
- Accuracy of Information
We attempt to be as accurate as possible when describing our products our website; however we do not warrant that the product descriptions, colors, information or other content available on our website are accurate, complete, reliable, current, or error-free. This website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
- Intellectual Property
All information and content available on the website and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property and is protected by United States law, including laws governing copyrights and trademarks, neither the Content nor any portion of our site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, in whole or in part, for any purpose without our express, prior written consent.
- Limited Licenses; Use Restrictions
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of our website. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of this website:
- frame or utilize framing techniques to enclose this website or any portion thereof;
- use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the website, content (except caching or as necessary to view the website), or the personal information of others without our prior written permission or authorization;
- make any use of the website or any content other than for personal use;
- modify, reverse engineer or create any derivative works based upon the website or any content;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
- intentionally violate any applicable local, state, national or international law;
- transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of this website;
- engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of this website for personal, non-commercial use only. A website that links to this website (i) may link to, but not replicate, any and/or all of our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of this website other than the home page. We may, in our sole discretion, request that you remove any link to this website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 7 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
- Your Obligations and Responsibilities
By accessing or using our website or any content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on this website. You agree that when accessing or using this website or any content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the site or any content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Organic Cosmetica.
- Your Account
Subject to the age restrictions outlined above, you may view and use many features of the website without registering, including making purchases, but in order to access and use some parts of the website, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the website or content resulting from such access or use. You may cancel your online account with us at any time. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
- Third Party Links
We are not responsible for the content of any third party website links on our website. You use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from our website, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. Please carefully review the privacy policies and terms and conditions of the third party websites you visit.
- User Content
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
- Deletion of User Content
If you wish to delete your account please contact us at email@example.com and include the following information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our website and/or mobile applications. Please allow up to 14 business days to process your deletion request.
- Notices of Claimed Copyright Infringement
We respect the intellectual property of others and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our designated agent for notifications of claimed infringement at:
- Disclaimer of Warranties; Limitation of Liability
- Consent to Receive Notices Electronically by Posting on the Site and Via Email
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
INFORMATION WE COLLECT
We may collect or may have collected the following categories of information about you. In some cases, the information we collect may fall within more than one category.
- Contact information and personal identifiers, such as your name, address, email address, telephone number, and username or social media handle.
- Device identifiers, such as information about your device like your MAC address, IP address, or other online identifiers.
- Demographic information, such as your age and gender (some of which may be protected by applicable law).
- Commercial information, such as the products or services you have purchased, returned or considered, and your product preferences.
- Payment information, such as your method of payment and payment card information (including payment card number, expiration date, delivery address and billing address).
- Online or network activity information, such as information regarding your interaction with our website, mobile applications, digital properties, and advertisements, information about your browsing and search history on our website or mobile applications, and log file information which includes, but may not be limited to, your browser type, webpages you visit, and other electronic network activity.
- Geolocation information, such as information that can help identify your physical location (like your GPS coordinates) or the approximate location of your mobile device.
- User Content, such as your communications with us and any other content you provide (including photographs, videos, reviews, articles, survey responses and comments).
- Inferences drawn from or created based on any of the information identified above.
HOW WE COLLECT INFORMATION
We may collect or may have collected personal information about you from various sources. The categories of sources from which we may collect personal information are:
- Directly from you, such as when you make a purchase on our website, contact us with a question or complaint, use one of our mobile applications, create an account on our website, respond to a survey, participate in a contest or other promotion or sign-up to receive marketing communications.
- From your friends or family members, such as when your friend or family member sends you a gift or makes a referral.
- Cookies and automatic collection methods. When you visit our website or use one of our mobile applications, and when you open or click on emails we send you, we (and third parties we work with) may automatically collect information from your browser or device using technologies such as cookies, web beacons, pixel tags, and similar technologies. Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Web beacons or pixel tags are small images which are embedded into our website or emails that provide us with information about your browser or device, or whether you open or click on the emails we send you. These technologies enable us, or the third parties who place such technologies, to collect information such as device identifiers and online or other network activity information.
- From our business partners and service providers, such as demographic companies, analytics providers, advertising companies and networks, third-party retailers, and other third parties that we choose to collaborate or work with.
- From social media platforms and networks, such as Facebook, Twitter, Pinterest, and Instagram. For example, we may obtain your information from a social media platform or network if you interact with us on social media or choose to log-in to our website using your social media credentials.
HOW WE USE INFORMATION
We may use or may have used the information we have about you:
- To provide products and services to you, such as fulfilling orders and processing payments; creating, servicing and/or maintaining your account or any loyalty or professional program membership you may have with us; assisting with product selection and replenishment; and managing current or past purchases
- To communicate with you, including to respond to your inquiries or complaints, and to help you place an order.
- To administer your participation in special events, contests, sweepstakes, surveys, promotions and our loyalty or professional programs.
- For marketing and advertising, such as to send you marketing and advertising materials via postal mail, text message or email, and to show you advertisements for products and/or services tailored to your interests on social media and other websites.
- For analytics purposes, such as to understand how you use our website and mobile applications, understand your preferred method of purchasing with us; determine what browser and devices you use to visit our website or mobile applications; and to evaluate and improve our products, services, advertisements, website and mobile applications.
- To operate and improve our business, including to respond to employment applications, provide quality assurance, conduct research and development to develop new products and services, and perform accounting, auditing and other internal business functions.
- For legal and security purposes, such as to detect, prevent, and prosecute harmful, fraudulent, or illegal activity, loss prevention, identify and repair bugs on our website or mobile applications, and to comply with applicable legal requirements, relevant industry standards and our policies
We also may use or may have used the information in other ways for which we provide specific notice at the time of collection.
INFORMATION WE SHARE
We may share or may have shared your personal information with:
- Service providers. We may transfer personal information to service providers who perform services on our behalf based on our instructions. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that process credit card payments, fulfill orders, and that provide website and application functionality, hosting, analytics, advertising and marketing services.
- Parties to a corporate transaction. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation).
- Advertising Companies. We work with third party advertising companies (such as advertising networks) to serve advertisements on our behalf.
- Other third parties. In addition, we may disclose personal information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity, (iv) when disclosure of your personal information is otherwise required or permitted by law, or (v) with your consent such as to third-party salons and spas.
YOUR RIGHTS AND CHOICES
Accessing, Updating and Modifying Personal Information
Subject to applicable law, you may have the right to request access to and receive details about the personal information we maintain about you, update and correct inaccuracies in your personal information, and have the personal information deleted, as appropriate. These rights may be limited in some circumstances by local law. We may take reasonable steps to verify your identity before granting access or making corrections. You may request to access, change or delete your personal information by contacting us.
You can opt-out of receiving marketing or clientele communications by email by following the instructions within the emails you receive from us or by contacting us.
Postal Mail Opt-Out
You can opt-out of receiving marketing communications by postal mail by following the instructions that may be included in a particular promotion.
Geolocation Information Opt-Out
When you use one of our mobile applications, we may ask you to share your location. You may choose not to share your geolocation details by adjusting your mobile device’s location services settings.
We may use analytics services, such as Google Analytics, on our website, our social media pages, or our mobile applications to help us evaluate and analyze how visitors use these platforms. For specific details on how Google collects and uses information on our website, social media pages, or mobile applications, please visit: How Google Uses Data.
These disclosures take place for the following business or commercial purposes:
• To audit our interactions with you to ensure compliance with applicable law and to measure the effectiveness of our products, services, and advertisements;
• To detect, prevent, and prosecute harmful, fraudulent, or illegal activity;
• To identify and repair bugs on our website or mobile applications;
• To provide services, such as customer service, order fulfillment, and payment processing, which we either conduct or engage service providers to conduct on our behalf;
• For research and development;
• To further our business goals, including to advertise our products and services; and
• For quality assurance.
Sale of Personal Information
We do not sell your personal information for monetary consideration. However, California law may characterize our sharing of personal information with companies that provide services to us, such as companies that help us to market or advertise our products and services to you, as “sales”. We may “sell” or may have “sold” the following categories of personal information for valuable consideration to the third parties listed below:
|Category||Sold to Third Parties|
|• Device identifiers
• Online or network activity information
• Commercial information
|We may sell or may have sold this information to:
• advertising companies
We do not have actual knowledge that we sell the personal information of minors under 16 years of age.
We may offer you various financial incentives such as discounts and special offers when you provide us with contact information and identifiers such as your name and email address. When you sign-up for our loyalty program, email list or other discounts and special offers, you opt-in to a financial incentive. You may withdraw from a financial incentive at any time by opting out from our emails or closing your loyalty member account. Generally, we do not assign monetary or other value to personal information, however, California law requires that we assign such value in the context of financial incentives. In such context, the value of the personal information is related to the estimated cost of providing the relevant financial incentive(s) for which the information was collected.
Your California Privacy Rights
You have the right to request, twice in a 12 month period, that we disclose to you the personal information we have collected, used, disclosed, and sold about you during the past 12 months. In addition, you have the right to request that we delete the personal information we have collected from you (subject to certain exceptions). Before processing your request, we will take reasonable steps to verify your identity, which will include verifying that the email address from which you submit the request matches the email address we maintain on file for you. In order to ensure you are the owner of the email address, you must respond to a confirmation email that we will send to such email address. In some cases, we may ask that you provide additional information in order to verify your identity.
You may also designate an authorized agent to make a request on your behalf. If the authorized agent does not provide such proof, you will be required to confirm your identity and the authenticity of the request. We will not discriminate against you on account of your exercise of your California privacy rights.