Effective Date: May 1, 2023
WELCOME TO TRESLÚCE BEAUTY!
YOU MUST BE AT LEAST 13 YEARS OF AGE IN ORDER TO USE THIS WEBSITE. IF YOU ARE NOT AT LEAST 13 YEARS OF AGE, PLEASE DO NOT USE OR INTERACT WITH THIS WEBSITE.
All of the Site's material and information is offered solely for personal educational or informational purposes. The information, materials, statements and services are not intended to diagnose, treat or prevent any condition or illness. Please use all products strictly in accordance with their instructions, precautions, warnings and guidelines. Please always check each product's ingredients to avoid potential allergic reactions. Minors may use goods or product obtained from the site only after the minor's parent(s) or guardian has discussed the product's use with the minor's physician or medical professional. Any statements offered about products have not been evaluated by the United States Food & Drug Administration (unless otherwise specified), and any results reported may not necessarily occur in all individuals. Treslúce Beauty products are not intended for use in medical, life-saving or life-sustaining applications, nor for any application in which the product's failure could create a situation where personal injury or death may occur.
ACCURACY OF INFORMATION
Treslúce Beauty has endeavored to provide accurate information on the Site but assumes no responsibility for the information's accuracy. We do not warrant that the product descriptions, details, colors or other content on the Site are accurate, complete, reliable, current, or error-free. The actual colors you see, for example, will depend on the device you are using to view the product and may not be accurate. The Site's reference to any goods, services, processes, activities or other information offered by other parties does not imply any endorsement or recommendation by Treslúce Beauty itself unless specifically stated otherwise. Our Site may contain inaccuracies or typographical errors and may not be complete or current. Treslúce Beauty reserves the right to correct any errors, inaccuracies or omissions (including after you have submitted an order) and to change or update information at any time without prior notice. We reserve the right to cancel or to decline to accept any order placed based on incorrect pricing or availability information, and we apologize for any inconvenience this may cause.
U.S. residents who want to report a concern regarding any cosmetic product obtained from us can contact the U.S. Food and Drug Administration at https://www.fda.gov/Cosmetics/ComplianceEnforcement/AdverseEventReporting/default.htm. Canadian residents can complete a Consumer Product Incident Report Form at www.hc-sc.gc.ca
Limitations For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warning many not be in destination country languages; and the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements. You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from Refreshments.com, the recipient is the importer or records and must comply with all laws and regulations of the destination country.
Pricing and Use in the United States: Prices are in United States ("U.S.") currency. All information we collect and information related to Refreshments orders is processed within the U.S. Because product information is provided according to U.S. standards, we make no guarantees that any of the products are appropriate or available for use in locations outside the U.S. You agree to comply with all applicable laws, rules, and regulations in connection with your use of Refreshments products.
SHIPPING AND RISK OF LOSS
A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Customs, Duties and Taxes: When ordering from Refreshments you're responsible for assuring the product can be lawfully imported to the destination.
Recipients of international shipments may be subject to import taxes, fees, and customs duties (hereafter, "Service Fees"), levied by the customs office of your shipping destination. Service Fees vary according to the customs regulations of the destination country. Components that play a role in fee calculations are (among others):
- Product category and price
- Shipping costs and package weight
- Customs clearance
- Import Taxes based on custom duty amounts
Customs policies vary widely, and some countries don't charge Service fees for shipments that fall below a minimum value. Contact the customs office of the destination country for more information.
To simplify the customs clearance process on products shipped by Refreshments, you can see Service Fees calculation during checkout, for eligible destinations.
Import Regulations: You are the importer of record and must comply with all applicable laws and regulations of the destination country. Customs delays can affect original delivery estimates.
ELIGIBILITY TO USE THIS SITE
- Residency: The Site is available to anyone in the world, but most of the Treslúce Beauty products are created for customers residing in the United States. Please note that we may sell items that are classified as ORM-D, which prevents us from shipping them to certain locations. We make no guarantee that you will be eligible to receive every product we sell or distribute.
- Age: You are not authorized to access or use the Site or make purchases if you are under 13 years old. Individuals under 18 years old must at all times use the Site only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user and will be responsible for any and all use of the Site by the individual under 18.
- TRESLÚCE BEAUTY Copyright and Trademark Policy
- TRESLÚCE BEAUTY Giveaway Terms
- Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify Treslúce Beauty of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. Treslúce Beauty will not be liable for any loss or damage arising from your failure to comply with this Section.
- Account Transfer Prohibited: You may not transfer or sell your account or username to any other party. You are fully responsible for all activity of your account and username.
- General Practices Regarding Site Use and Storage: You acknowledge that Treslúce Beauty may establish general practices and limits concerning Site use and storage. You agree that Treslúce Beauty has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that Treslúce Beauty may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.
- Trademarks: The trademarks, logos, service marks, product names and shade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed on the Site without our written permission or that of the third-party rights holder.
- Content You Submit: You must own all User Content you submit to our Site or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities and you submit User Content at your own risk. Treslúce Beauty does not claim ownership rights in your User Content. When you submit User Content you grant us a license to use such content, but you retain ownership.
- Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold Treslúce Beauty harmless for any dispute concerning such re-posting. Treslúce Beauty assumes no responsibility for any third party's intellectual property infringement of User Content.
PROHIBITED USER CONDUCT
You agree that while using the Site, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from Treslúce Beauty, its affiliates, or another user; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the Site; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion; (7) use the Site for purposes of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (8) transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (9) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or which, as determined by us in our sole discretion, may harm Refreshments or users of the Site or expose them to liability; (10) Use spiders, bots or any other type of crawling or collecting technology to scrape, gather or compile information from the Site; or (11) launch any third party attack, hack, penetration, denial of service attack or breach any third party website, service or internet asset..
INFORMATION ON THE SITE
We control and operate the Site from the United States. Treslúce Beauty does not control User Content postings.
You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact help@Treslúcebeauty.com. We will review your concerns in good faith. If you want us to remove User Content posted by you, please contact help@Treslúcebeauty.com. We will remove your User Content as soon as reasonably possible. Please also review our Copyright and Trademark Policy.
LINKING TO THE SITE
You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.
FEES AND BILLING
All prices are in U.S. dollars.
The total price for any purchase of a product will include the price of the product plus any applicable sales taxes, fees and custom charges, if any. Such sales taxes are calculated based on the shipping address on file with Treslúce Beauty and the sales tax rate in effect at the time of purchase.
RISK OF LOSS
A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
PROFESSIONAL ADVICE DISCLAIMER
Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.
TRESLÚCE BEAUTY AND TRESLÚCE BEAUTY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TRESLÚCE BEAUTY AND TRESLÚCE BEAUTY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM TRESLÚCE BEAUTY TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE THAT YOUR USE OF THE SITE AND THE TRESLÚCE BEAUTY SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT TRESLÚCE BEAUTY HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
THE LIABILITY OF TRESLÚCE BEAUTY AND TRESLÚCE BEAUTY'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE AMOUNT OF PRODUCTS YOU’VE PURCHASED, IF ANY, THROUGH THIS SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LEGAL DISPUTES; ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TRESLÚCE BEAUTY HAVE AGAINST EACH OTHER ARE RESOLVED.
If a dispute arises between you and Treslúce Beauty, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our customer support team by sending us an email at help@Treslúcebeauty.com. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and Treslúce Beauty each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. An arbitrator can award the same relief to an individual that a court can award. If either Treslúce Beauty or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
Prohibition of Class and Representative Actions
YOU AND TRESLÚCE BEAUTY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TRESLÚCE BEAUTY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
Exceptions to Agreement to Arbitrate
We all agree that we will go to court to resolve disputes relating to:
- Your or Treslúce Beauty’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
- Any claim made in small claims court either in Santa Clara County, California, in the country where you live, or some other place we both agree on, if it qualifies to be brought in that court.
No Class Actions
We all agree that we can only bring a claim against each other on an individual basis.
- Neither you nor Treslúce Beauty can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
- The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
The Arbitration Process
The American Arbitration Association (AAA) will manage the arbitration between you and Treslúce Beauty, and AAA’s rules and procedures for consumer disputes (currently called the Consumer Arbitration Rules) will apply. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
You are allowed to select the arbitration location as being in the county or province where you live or, if you prefer, in Santa Clara County, California. We can also choose another location if we mutually agree.
If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person. You can have a hearing by phone or videoconference. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.
While some arbitrators render a verbal decision, both you and Treslúce Beauty have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing.
If your claim is for $10,000 (US) or less, Treslúce Beauty is open to paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA. You must tell the AAA at the time you begin the arbitration proceeding. Treslúce Beauty will be notified of your request.
If your claim is for more than US $10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, Treslúce Beauty will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for you.
We won’t try to have you pay us back for covering your fees and we won’t try to make you cover our fees unless the arbitrator decides that your claims are frivolous and it is fair to make you do this under the circumstances.
The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether these dispute resolution provisions regarding arbitration and class action can be enforced and how they should be interpreted.
Apart from that, if you are U.S. resident, these terms and our relationship will be governed by California law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms of Service and our relationship will be governed by English law, except for its conflicts of laws principles.
CHOICE OF LAW
For intellectual property issues, such as claims of copyright or trademark infringement, please provide notice as specified in Treslúce Beauty's Copyright and Trademark Policy.
You acknowledge that the products Treslúce Beauty sells may be subject to U.S. and international import, export, and re-export laws and regulations, including the U.S. Export Administration Regulations (EAR) maintained by the U.S. Department of the Treasury’s U.S. Department of Commerce and trade and economic sanctions maintained by the Office of Foreign Assets Control (OFAC). You agree to comply with all relevant import, export, and reexport control laws and regulations. Specifically, you agree not to, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise make available product purchased from Treslúce Beauty in contravention of U.S. law or to any destination, entity, or person or for any use prohibited by the laws or regulations of the United States or applicable international authority, without obtaining an export license or other governmental approval as required by those laws and regulations.
Due to U.S. trade embargoes and sanctions, Treslúce Beauty does not accept orders from or ship products to individuals or entities whose names appear on OFAC’s List of Specially Designated Nationals (“SDN List”) and, when prohibited, OFAC’s Sectoral Sanctions Initiatives list (“SSI” list) and the Commerce Department’s Denied Persons List (“DPL”), Entity List, and Unverified Parties List.
MODIFICATIONS AND TERMINATION OF THIS SITE
Treslúce Beauty reserves the right at any time to discontinue, temporarily or permanently, the Site or any service provided by the Site (or any part thereof) with or without notice. You agree that Treslúce Beauty will not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any service.