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TERMS & CONDITIONS

Last UPDATED January 1, 2019

These Terms and Conditions of Use (“Terms”) are an agreement between you and MACBELLA. trading as MACBELLA or macbella.com and govern your use of the website made available at and its associated web pages and mobile applications (collectively the “Website”), including all purchases made by you; macbella.com, along with its representatives, officers, shareholders, subsidiaries, affiliates, parents, employees, and agents (collectively “MACBELLA” or “we” or “us” or “our”), provide the Website to you subject to the provisions, which you acknowledge, agree to, and consent to by using the Website. These Terms include our Privacy Policy, which is available at Privacy Policy and which is hereby incorporated by reference.

YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, BROWSE OR USE THE WEBSITE, AND SHOULD DISCONTINUE YOUR ACTIVITIES IMMEDIATELY. BY ACCESSING AND USING MACBELLA.COM WEBSITE, YOU ARE AGREEING TO THESE TERMS.

When using the Website, you shall be subject to all displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms. We may also offer other websites that are governed by different terms.

You represent that you are not a person barred from receiving services under the international laws or other applicable jurisdictions. You also represent that you are at least 18 years of age. Please do not place orders through macbella.com if you are not 18 years old.

We do not represent the Website is governed by or operated in accordance with the laws of other nations, or that the Website or any portion of it is appropriate or available for use in any particular location. If you choose to access the Website, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.

By using macbella.com you represent and warrant that you are at least 18 years of age or are using macbella.com with the permission and supervision of a parent or guardian.

You may access areas of the Website without registering. However, in order to access some portions and features of the Website, and to make purchases, you will be required to register an account and sign into the Website. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the Website, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at support@macbella.com. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.

Although we make reasonable efforts to provide accurate pricing and product descriptions information on macbella.com at all times, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that the information displayed on the site is 100% accurate. In the event that a product is listed at an incorrect price or a product description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time. We apologize for any inconvenience this may cause you.

 

WE MAKE REASONABLE EFFORTS TO DISPLAY, AS ACCURATELY AS POSSIBLE, THE COLORS OF THE PRODUCTS. HOWEVER, THE ACTUAL COLORS YOU SEE DEPEND ON YOUR MONITOR OR DEVICE, AND THUS WE CANNOT GUARANTEE THAT THE COLORS OF PRODUCTS YOU SEE WHEN VIEWING THE WEBSITE WILL BE ACCURATE.

We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.

Please refer to our Shipping Policies and Return Policies for more information on our shipping rates and other policies and procedures, all of which are incorporated herein by reference. We accept returns postmarked within 30 days from the date your order was made. All refunds are issued to your original payment method. Refunds cannot be returned to alternate cards or different forms of payment. Returns must be received in new condition; unused, unworn, unwashed with the hygienic liner intact (where applicable). Items returned with obvious use, makeup, deodorant, perfume, or similar product stains will be subject to refusal. Final Sale items cannot be returned, refunded or exchanged. Gift cards cannot be returned or refunded.

MACBELLA and our associated logos and names MACBELLA, MACBELLA.com are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.

Certain materials available on or through the Website are our Works (i.e., Content we own, authored, created, purchased, or licensed). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and the Website. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Website. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly set forth herein.

You and other users may be able to upload, post, create, make available, send, share, communicate, or transmit (“Post”) data, information, images, comments, ideas, or other types of content (collectively “Content”) to the Website and other websites linked to the Website. You understand that all Content Posted by users of the Website (“User Content”) is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.

You retain ownership of the intellectual property contained in your User Content. However, you grant us a royalty-free, irrevocable, transferable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) any and all User Content that you Post to or through the Website. You also waive to the fullest extent permitted by law any and all claims against us related to moral rights in the User Content. In no circumstances will we be liable to you for any exploitation of any User Content that you Post. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and exploit User Content that you Post.

We have no obligation of confidentiality, express or implied, with respect to User Content that you Post to or through the Website, and we shall be entitled to use, exploit, or disclose (or choose not to use, exploit, or disclose) such User Content at our sole and absolute discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances whatsoever).

If you are a minor, you should not be Posting any User Content. However, if you do so and you want us to remove the User Content from the Website, please contact us at support@macbella.com. You will need to provide us with specific information describing the location of the User Content that you want us to remove. We will take reasonable efforts to remove the User Content upon receiving a sufficient request but we cannot ensure complete or comprehensive removal of the User Content.

You agree that MACBELLA may, without prior notice, immediately terminate, limit your access to, or suspend your account based on any of the following: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which MACBELLA believes is harmful to this Website or its business interests. You agree that termination, limitation of access and/or suspension shall be made in MACBELLA sole discretion and that MACBELLA shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your account.

You may terminate your account with MACBELLA and these Terms at any time by emailing us at support@macbella.com.

We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.

Upon termination you will no longer have a right to access your account or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may not keep any back up of any of your User Content. We will not be responsible for deleting your User Content.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS OR WAIVERS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:

  • DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
  • MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
  • IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
  • THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR
  • ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITE.

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT MACBELLA.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

You may contact Customer Service at support@macbella.com

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