Wholesale Terms & Conditions
All sales made by Mademoiselle Lash ("Seller") to you ("Customer") are governed by these Terms and Conditions of Sale unless otherwise indicated by Mademoiselle Lash in writing.
Please read these Terms and Conditions of Sale before placing your order. Do not place any orders unless you understand and agree to all Terms and Conditions outlined herein. Mademoiselle Lash reserves the right to amend or modify these Terms and Conditions of Sale at any time and without notice at its sole discretion.
All sales are contingent on the Customer's acceptance of Mademoiselle Lash Terms and Conditions of Sale.
Seller shall not accept Customer's purchase orders unless and until Customer consents to these Terms and Conditions of Sale. These Terms and Conditions of Sale (as set forth on this website) supersede the terms and conditions of Customer's purchase order(s) and will govern all transactions between Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing and signed by Seller and Customer.
Acceptance of Contract Terms
In exchange for using Mademoisellelash.com, you agree to be bound exclusively by these terms and to comply with all applicable laws and regulations. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If any provision of these Terms of Use is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use.
If you do not agree to these terms, please do not use our site.
Mademoisllelash.com is controlled and operated in whole or in part by the website owner from its offices within the United States. By accessing the Web Site, you agree that the statutes and laws of the United States and the State of California, without regard to conflicts of laws, will apply to all matters relating to use of the website, and you agree that any litigation relating in any way to the use of the website shall be subject to the jurisdiction of the state or federal courts in Orange County, California.
Those who access Mademoisellelash.com from other locations do so at their own risk and are responsible for compliance with applicable local laws. The website owner makes no representation that the Content in the site is appropriate or available for use in other locations or that access to it from outside the U.S.A. is legal. As a condition of your use of the site, you warrant to Mademoisellelash.com that you will not use the site for any purpose that is unlawful or prohibited by the terms, conditions, and notices contained herein. You shall not, at any time, (a) reverse engineer, decompile or disassemble any portion of the site or tamper in any way with the operation of the site, or (b) insert or make use of any type of disabling device including, but not limited to, viruses, worms, Trojan horses, time bombs, or any similar device that may impair, damage, or interfere with the proper working order of the site. You acknowledge that the website owner reserves the right in its sole discretion to refuse or terminate access to the site by you at any time.
Payment Terms
Seller accepts Visa, MasterCard, Discover, or PayPal Express, and may offer other terms at its sole discretion.
Pre-authorization of Credit and Debit Cards
Please note, when paying for an order with a credit or debit card, Mademoiselle Lash will pre-authorize your card for validation purposes, then for the portion of your order that is shipping, along with applicable freight and sales tax, prior to processing your order in our DC. The full amount will then be charged to your card once your order ships. Pre-authorizations may reserve the total dollar amount on your credit card (or funds available through your debit card) to pay for your order. Pre-authorizations will drop off of your account within 1-7 days, depending on your card issuer. If you are placing an order and the card is declined at check-out you will need to contact a Product Specialist for further assistance.
Retail and International Customers: wholesale@mademoisellelash.com
Shipping
Customer is responsible for all shipping and freight charges; default delivery terms are DAP (Delivered At Place). Orders received prior to 4:00 PM (Eastern Standard Time) will be shipped by the following business day, subject to availability. Inventory will fluctuate on seasonal items. Orders are normally shipped by FEDEX Smart Post and we offer the expedited options as well. Seller will not be responsible for shipping delays caused by a carrier or weather incidents. Shipping charges may be billed separately on credit card orders if shipping method changes are requested after order is placed.
Customer must notify Seller at time of purchase if a signature is required for residential deliveries. Seller is not liable for any lost or stolen goods that are delivered to a residence without requiring a signature.
Seller may offer to back-order or pre-sell products from time to time. When the Customer chooses "ship my items as soon as they become available" at time of checkout, and a mixture of in-stock and back-ordered or pre-sell items have been ordered, Mademoiselle Lash may ship multiple times on a single order. The first shipment will consist of in-stock items available at the time the order is placed. Additional shipments will not occur until all back-ordered or pre-sold line items are in stock. Freight is complimentary on back-ordered items.
Notice of Defects
Customer is responsible for inspecting the merchandise upon receipt. Customer shall notify Seller in writing within 7 DAYS of Customer's receipt of the merchandise of any claims for damages resulting from delivery or any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification.
Under no circumstances will Seller accept claims or returns of merchandise which has been altered, laundered, or modified in any manner. Unless directed otherwise by a customer experience representative, all damaged or incorrect items will need to be sent back to Mademoiselle Lash to receive credit.
Returns and Cancellations
Authorized returns and exchanges must be shipped within 30 days after Customer's receipt of merchandise. All returned merchandise must be accompanied by a completed Return/Exchange Form. Customer will be responsible for all freight and shipping charges on items returned that are not the result of Seller's error. Mademoiselle Lash is not responsible for lost shipments on items being returned. Mademoiselle Lash will cover the shipping costs for exchanged items to the Customer only when the exchange is due to our error. All sales are final on "final sale" clearance items. Returns are accepted on regular promotional sale items. Returns will not be accepted on merchandise that has been altered, laundered or modified in any way. All damaged or incorrect items will need to be sent back to Mademoiselle Lash in order to receive credit. Mademoiselle Lash will provide a prepaid shipping label to Customer for any damaged or incorrect item that needs to be returned to Mademoiselle Lash.
Obtaining A Return Authorization
You will need to contact a Product Specialist to request an RMA # and approval of your return. Returns received without an RMA will be returned to the sender and will not be processed.
Retail and International Customers: wholesale@mademoisellelash.com
Mademoiselle Lash
1835 Newport Blvd. A109-650
Attn: Returns Department
Costa Mesa, CA 92627
Customer Acceptance of Late or Defective Merchandise
Customer's failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.
Prices, Quantities, Styles, and Colors
All prices are subject to change without notice. All merchandise will be billed at the prices in effect at the time of ordering. Mademoiselle Lash reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability.
Promotional Codes, Coupons, Discounts
Promotional discounts cannot be combined at time of redemption unless otherwise stated in the promotional offer, nor can they be applied to previous purchases. Promotional discounts cannot be applied to tax, shipping and handling, or any similar processing charges. Original discount amount will be deducted from the value of all returned items purchased with a discount at time of purchase (e.g. promotional codes, coupons, etc.).
Disclaimer of Warranties
Seller cannot guarantee variances in color, shade, size, or construction of merchandise. Seller hereby disclaims all express and implied warranties, including, without limitation, implied warranties of merchant-ability and fitness for particular purpose.
All such warranties are hereby disclaimed and excluded from any and all transactions between Customer and seller and shall not apply to the merchandise sold by Seller.
Limitation on Liability
Customer acknowledges that Seller shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages including but, not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Seller has been advised of the possibility of such damages), or personal injuries or death resulting from use or sale of the Seller's merchandise.
No Liability For Outside Vendors
Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.
Jurisdiction and Governing Law
Seller is headquartered in the State of California, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of California (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect.
Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of California and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of California in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.
Force Majeure
Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation here-under caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party's control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.
Use of Materials Located on This Site: Copyrights, Trademarks and Restrictions
All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Mademoiselle Lash or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by Mademoiselle Lash may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to Mademoiselle Lash or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Miscellaneous
These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.
Questions and Comments
Thank you for reading and agreeing to these Terms and Conditions of Sale.
Please direct any questions or comments regarding the Terms and Conditions of Sale by electronic mail to:
Retail and International Customers: wholesale@mademoisellelash.com
Or by standard mail to Seller at the following address:
Mademoiselle Lash®
Attn: Customer Service
1835 Newport Blvd. A109-650
Costa Mesa, CA 92627
User Generated Content
Mademoiselle Lash does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Mademoiselle Lash Website. After posting your Content to the Mademoiselle Lash website, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Mademoiselle Lash Website, you hereby grant to Mademoiselle Lash a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Mademoiselle Lash Website, including without limitation distributing part or all of the Mademoiselle Lash Website in any media formats and through any media channels, except Content marked "private" will not be distributed outside the Mademoiselle Lash Website. This limited license does not grant Mademoiselle Lash the right to sell or otherwise distribute your Content outside of the Mademoiselle Lash Website. After you remove your Content from the Mademoiselle Lash Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Mademoiselle Lash Website you change the Content's privacy setting to "private," we will cease distribution of such "private" Content outside the Mademoiselle Lash Website as soon as practicable after you make the change.
If at any time you wish to remove your submitted Content from this site, please email info@mademoisellelash.com
The license you grant to Mademoiselle Lash is non-exclusive (meaning you are free to license your Content to anyone else in addition to Mademoiselle Lash), fully-paid and royalty-free (meaning that Mademoiselle Lash is not required to pay you for the use on the Mademoiselle Lash Website of the Content that you post), sub-licensee (so that Mademoiselle Lash is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Mademoiselle Lash Website), and worldwide (because the Internet and the Mademoiselle Lash Website are global in reach).
You represent and warrant that: (i) you own the Content posted by you on or through the Mademoiselle Lash Website or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Mademoiselle Lash Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Mademoiselle Lash Website.
The Mademoiselle Lash Website contains Content of Mademoiselle Lash ("Mademoiselle Lash Content"). Mademoiselle Lash Content is protected by copyright, trademark, patent, trade secret and other laws, and Mademoiselle Lash owns and retains all rights in the Mademoiselle Lash Content and the Mademoiselle Lash website. Mademoiselle Lash hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the Mademoiselle Lash Content (excluding any software code) solely for your personal use in connection with viewing the Mademoiselle Lash Website and using the Mademoiselle Lash Website.
The Mademoiselle Lash website contains Content of Users and other Mademoiselle Lash licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Mademoiselle Lash website.
Mademoiselle Lash performs technical functions necessary to offer the Mademoiselle Lash Website, including but not limited to trans-coding and/or reformatting Content to allow its use throughout the Mademoiselle Lash website.
Mademoiselle Lash may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Mademoiselle Lash violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Mademoiselle Lash assumes no responsibility for monitoring the Mademoiselle Lash website for inappropriate Content or conduct. If at any time Mademoiselle Lash chooses, in its sole discretion, to monitor the Mademoiselle Lash website, Mademoiselle Lash nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Mademoiselle Lash website, and any material or information that you transmit to other Members and for your interactions with other Users.
