Terms and Conditions
Please read these terms and conditions carefully before using Our Service.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. The words of which the initial letter is capitalized have meanings defined under the following conditions.
For the purposes of these Terms and Conditions: • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to BEAUTE BARBARELLA INC., 3833 Rue Saint-Jacques Montreal Quebec H4C 1H5 Canada. • Country refers to: Quebec, Canada. • Service refers to the Website. • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. • Goods refers to Products, Items offered for sale on the Service. • Orders mean a request by You to purchase Products or Services from Us. • Website refers to My Site, The Site, accessible from http://www.barbarellaspa.com • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Unless otherwise stated, BEAUTE BARBARELLA INC. and/or it’s licensors own the intellectual property rights for all material available on Our Service, including but not limited to trademarks, logos, service marks, text, graphics, photographs, button icons, images, audio clips, video clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) on BEAUTE BARBARELLA INC. and is protected by Canadian laws, including laws governing copyrights and trademarks. Our trademarks may not be used in any manner for any purpose without Our express written consent. All intellectual property rights are reserved. You may view and/or print pages from http://www.barbarellaspa.com for Your own personal use subject to restrictions set in these terms and conditions. You must not: 1. Republish material from http://www.barbarellaspa.com 2. Sell, rent or sub-license material from http://www.barbarellaspa.com 3. Reproduce, duplicate or copy material from http://www.barbarellaspa.com 4. Redistribute content from BEAUTE BARBARELLA INC. (unless content is specifically made for redistribution).
Use of Our Service
Glow all Year Long is a yearly Tan Membership offered by BEAUTE BARBARELLA INC. to Our most valued customers, You. The offer includes: (i) unlimited spray tan for (1) year; (ii) 15% off Exfoliating Gloves for one (1) year; (iii) 10% off Vita Liberata™ Retail Products for one (1) year. Please visit Our Membership Terms and Conditions page for full details.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, content or other information about the Services (collectively, “Submissions”) that You provide to Us are non-confidential and We will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without Your acknowledgment or compensation to You. You also, hereby grant Us a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and licence to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as We see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission (in whole or in part) in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with Our products or services and You further waive any “moral rights” that You may have in the Submissions. If You make a Submission, You represent and warrant that You own or otherwise control the rights to Your Submission and that You have the right to grant the foregoing rights to BEAUTE BARBARELLA INC. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead Us as to the origin of any Submission. You agree to indemnify Us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. We reserve the right to terminate Your ability to post on Our Service and to remove and/or delete any Submission that We deem objectionable. You consent to such removal and/or deletion and waive any claim against Us for the removal and/or deletion of Your Submission.
Products or Services
Purchases and/or Orders placed through the Website are subject to Products or Services availability. Prices for Products or Services are subject to change without notice. Prices displayed on the Website are quoted in Canadian dollars, unless otherwise indicated. BEAUTE BARBARELLA INC. will endeavor to provide accurate pricing on the Products or Services available on the Website, although, pricing errors may occur. If a pricing error occurs, We reserve the right, at Our sole discretion, to not process or to cancel any Orders placed for a Product or Service whose price was incorrectly posted on the Website as a result of an error. If this occurs, We will notify You by email. The Website may contain information regarding the availability of Products and Services. In some cases, a Product may be in stock when You place the Order, and sold out by the time We attempt to process the Order. Should this happen, We will notify You by email to confirm your shipping details. We also may offer some Products for sale before they have been manufactured or arrive at Our inventory. When You pre-Order these Products, We will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, We will notify You by email to cancel or replace the item from Your Order. This also applies to the backorder feature on the Service. Unless otherwise specified, prices quoted are exclusive of: (i) the costs of shipping or transport to the agreed place of delivery; and (ii) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or transport of the Products as such costs are specified by Us when You submit Your Order. All Orders of Products must be for Your personal use only. By purchasing Products, You hereby agree not to resell or distribute such Products for any commercial purposes. All Orders are subject to Our acceptance or rejection based on Product availability, noncompliance with this Agreement or any other reason as determined in Our sole discretion. For instance, if We have reason to believe that Your Order is not for personal use, We reserve the right to reject or cancel any Order that You place. We also reserve the right, in Our sole discretion, to take steps to verify Your identity to process Your Order. We will either not charge You or refund the charges for Orders that We cancel or do not process. The Company reserves the right, with or without notice, to limit or cancel a Product or Service offered on the Website or limit the sales of Products or Services to any person, household, geographic region or jurisdiction if the Company believes a violation of the Terms and Conditions have occurred. The information, Products or Services included on the Website may include inaccuracies including colour and design, or typographical errors. When inaccuracies are identified efforts are made to ensure that errors are corrected and displayed accurately. If a Product is not as described, Your sole remedy is to return the item, unless otherwise specified in writing by us. We occasionally run promotions or provide limited-time offers for Our Products via Instagram. Please review the promotion or offer for eligibility and other terms and conditions. During the promotion the Website may pull Content from Your Instagram Account. You acknowledge and agree that the Content may be used on Our Website. Furthermore, You hereby grant us permission to use and authorize others to use Your name or social media handle in association with the Content for identification, publicity related to the Website and similar promotional purposes, including after Your termination of Your Account or the Website. You represent and warrant that the posting and use of Your Content, including to the extent such Content includes your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights. Changes are periodically added to the information herein. BEAUTE BARBARELLA INC. may make improvements and/or changes to the Website at any time.
Your Order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances and except in the case of pre-Orders. Your Order will be delivered to the delivery address that You specify when placing Your Order. If We are unable to deliver to Your delivery address, for example if Your delivery address is geographically remote, We will notify You before We accept Your Order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Products comprised within the same Order cannot be delivered to different addresses. The Product(s) Ordered will be at Your risk from the time You receive the Product(s). Ownership of the Product(s) Ordered will also pass to You upon Your receipt of the Product(s), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received. If any Product You Order is damaged or faulty when delivered to You or has developed a fault, You may have one or more legal remedies available to You, depending on when You make Us aware of the problem, in accordance with Your legal rights. If You believe a Product was delivered damaged or faulty or has developed a fault, You should inform Us as soon as possible, in writing (email sent to firstname.lastname@example.org), giving Your name, address and Order reference. Nothing in this section affects Your legal rights.
Returns, Exchanges and Refunds
We accept Products for returns, exchanges or refunds if requests are submitted within 14 days of receiving the Order item. Please note, items on sale are not eligible for a return, exchange or refund (i.e. Final Sale). To issue a return, exchange or refund: (i) product must be returned in its original packaging; (ii) product is not used or damaged; (iii) product must have the receipt or proof of purchase. Furthermore, We do not accept a product return, exchange or refund if the seal on the product packaging is broken. To return, exchange or refund Your Product(s), please email Us at email@example.com and in the message write Your name, address, Order number and the Product(s) You would like to return, exchange or refund. Include the reason why You have decided to return, exchange or refund the Product(s). After We receive Your written request, We will respond with further instructions about returning the Product(s) to Us. Upon receiving the returned Product(s) from You, We will process any refund due to You as soon as possible. You will be refunded in full to Your original form of payment, including the cost of standard delivery; however, We will not refund Your cost of returning the Product(s) to Us. If You received any promotional or other discount when You paid, any refund will only reflect the amount You actually paid. For more information please see Our Return, Exchange and Refund Policy.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your account access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 CAD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. Advice received via the Service should not be relied upon for personal, legal or financial decisions and You should consult an appropriate professional for specific advice tailored to Your situation.
This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting BEAUTE BARBARELLA INC. at firstname.lastname@example.org.
If any provision of these Terms is held by a court of jurisdiction to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on Our Service.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
The words of which the initial letter is capitalized have meanings defined under the
The following definitions shall have the same meaning regardless of whether they
appear in singular or in plural.
For the purposes of this Disclaimer:
– Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Cookies Policy) refers to BEAUTE BARBARELLA INC., 3833 Rue Saint-Jacques
Montreal Quebec H4C 1H5 Canada.
– You means the individual accessing the Service, or the company, or other legal
entity on behalf of which such individual is accessing or using the Service, as
– Website refers to http://www.barbarellaspa.com.
– Service refers to the Website.
The information contained on the Service is for general information purposes only. The Company assumes no responsibility for errors or omissions in the contents of the Service. In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. The Company does not warrant that the Service is free of viruses or other harmful components.
External Links Disclaimer
The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company. Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Errors and Omissions Disclaimer
The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to ensure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service. The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.
Fair Dealing Disclaimer
The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for research, private study, education, parody, satire, criticism, review, and news reporting. The Company believes this constitutes a "fair dealing" of any such copyrighted material as provided for in the Canadian Copyright Act. If You wish to use copyrighted material from the Service for your own purposes that go beyond fair dealing, You must obtain permission from the copyright owner.
Views Expressed Disclaimer
The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company. Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.
No Responsibility Disclaimer
The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.
"Use at Your Own Risk" Disclaimer
All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.
If you have any questions about this Disclaimer, You can contact Us by email: email@example.com