TERMS & CONDITIONS

IMPORTANT NOTICE FOR RESIDENTS IN THE UNITED STATES AND CANADA ONLY: THIS AGREEMENT AND YOUR USE OF OUR SERVICES IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.

UPDATED: August 14th, 2022.

We’ve drafted these Terms so you’ll know the rules that govern our relationship with you. These Terms form a legally binding contract between you and Victorias Lash Stop, so please read them carefully. By accessing or using the Services in any manner, including, but not limited to, visiting or browsing our websites, registering an account, you expressly understand, acknowledge and agree to be bound by these Terms. If you do not agree with them, then you should not use the Services.

  • THE TERMS AND ACCEPTANCE OF TERMS
  • VLS PRODUCTS
  • PRICING AND AVAILABILITY, RIGHTS OF REVOCATION, AND REFUNDS
  • DISCLAIMER OF LIABILITY
  • INDEMNIFICATION
  • GOVERNING LAW
  • AGREEMENT TO ARBITRATE DISPUTES FOR USERS IN THE UNITED STATES AND CANADA

1. THE TERMS AND ACCEPTANCE OF TERMSVictorias Lash Stop “Site”). VLS maintains the Site for your personal enjoyment, information, education and shopping convenience. The following Terms & Conditions (“Terms”) govern all use of our Site, any loyalty rewards program, and any other websites, pages, features, or content (collectively, including the Site, the “Services”) owned and operated by VLS that direct to these Terms. Please note that our Services are not intended for use by children under the age of 16 years old.

Victorias Lash Stop, Inc., its affiliates, or its subsidiaries (together, “VSL,” “we,” “us” or “our”) and are offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies, and procedures. These Terms directly incorporate our Global Privacy Notice (taken together with these Terms, the “Agreement”)

If you do not feel comfortable with any part of our Terms or Privacy Policy, please discontinue use of the Services or engaging with VLS immediately.

1.1 Updates to the Terms. We reserve the right to modify the Terms, at any time, in our sole discretion. The revised Terms will be effective on or after the posted date. If we make a material change to the Terms, we will provide you with notice of the revised Terms. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Services, or another manner. If any change to the Terms is unacceptable to you, you may stop using our Services and delete your account at any time. You acknowledge and agree that if you use the Services after the date on which the Terms have changed, VLS will treat your use as acceptance of the updated Terms. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.

1.2 Limits on Use.Some uses are not permitted for users of VSL Site and Services. You may only download material displayed on the Services for non-commercial, personal use—provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, re-post, “frame” or use the content of the Services including the art, text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of VLS. It is strictly prohibited to download the images of the products for sale within this Site. Tampering with the Services, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Services is prohibited.

1.3 VLS Privacy Policies.Please review our Privacy Policy, which also governs your visit to the Site, for details about what personal information we collect, why we collect the information and your rights in relation to your information..

When you use our Services, including providing any information by placing orders through the Services, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary.

1.4 Entire Agreement.These Terms, and any other legal notices published on the Services, shall constitute the entire agreement (the “Agreement”) between you and VLS concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services. In construing or interpreting the Terms & Conditions, headings are for convenience only, and not to be considered.

1.5 Severability.If any provision of the Terms is found to be unenforceable or unlawful by a court of competent jurisdiction, then that provision shall be deemed severable and not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

1.6 No Waiver of Any Terms.No waiver of any term shall be deemed a further or continuing waiver of such term or of any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of that right or provision.

2.  PRODUCTS;

VLS products can be ordered and delivered in the US and Canada. Please note that Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by VLS.

2.1 Not Evaluated by the U.S. FDA. All material and information presented by VLS is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through VLS are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from ABH it should be only after the legal or parental guardian has discussed the product with the minor’s doctor.

2.2 Products to be Used in Accordance with Their Instructions. All products should be used only in accordance with their instructions, precautions and guidelines. You should always check a product’s ingredients before application to avoid potential allergic reactions.

2.3 No Provision of Medical Advice. Use of the Site is not meant to serve as a substitute for professional medical advice. VLS is solely an online store for prestige cosmetics. Please consult with your physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. VLS does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. VLS does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

2.4 No Sale or Resale. The products available on the Site, including any samples we may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from VLS. VLS reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by VLS in its sole discretion. Except where prohibited by law, VLS may limit the number of products available for purchase.

3. PRICING AND AVAILABILITY, RIGHTS OF REVOCATION, AND REFUNDS

3.1 Pricing and Revocation of Offers. Prices and availability are subject to change without notice. Errors will be corrected where discovered, and VLS reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted). VLS may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same Site account, credit card, and also orders, which use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur.

3.2 Refunds.  This Shipping & Returns policy is directly incorporated into the Terms. For domestic customers, there will be a pre-paid label included in your shipment, and you will receive a refund only for the items returned. For international customers, shipping costs associated with the return will not be reimbursed, and you will receive a refund only for the items returned.

 4. DISCLAIMER OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL VLS OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF TERRORISM, ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ABH RECORDS, PROGRAMS OR SERVICES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF VLS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

5.  INDEMNIFICATION

You agree to release, indemnify, and defend Victoria Lash Stop, Inc. and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each (the “VLS Entities”) from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of the Services; (2) your conduct or interactions with other users of the Services; (3) your breach of this Agreement. We will notify you promptly of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

6.  GOVERNING LAW

The Services are created, operated and controlled by VLS in the State of California, United States of America. As such, the laws of the State of California will govern these Terms & Conditions without giving effect to any principles or conflicts of laws. We reserve the right to make changes to the Services and these Terms at any time by updating this posting. By using the Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms & Conditions to which you are bound.

7.  AGREEMENT TO ARBITRATE DISPUTES FOR USERS IN THE UNITED STATES AND CANADA.

PLEASE READ THE FOLLOWING CLAUSES CAREFULLY – THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

7.1 Initial Dispute Resolution. We are available by email at info@victorialashstop.co to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

7.2 Agreement to Binding Arbitration. For all disputes and claims other than those regarding VLS’s IP rights as described in Section 6 above, if we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms & Conditions (including their formation, performance and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration, which is a private process through which disputing parties agree that one or several neutral arbitrators can make a binding decision and/or award in relation to the dispute after receiving evidence and hearing arguments.

7.3 Arbitration Procedures. All claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of our Services or Site shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 555 West 5th Street, 32nd Floor, Los Angeles, CA 90013 USA; and (c) send one copy of the Demand for Arbitration to Victoria at VLS labeled demand letter, 11847 Laurelwood Dr #207 Studio City California 91604

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and VLS further agree to submit to the personal jurisdiction of any federal or state court in Los Angeles, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

7.4 Authority of the Arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement this arbitration agreement and all other agreements between you and ABH shall be subject to the Federal Arbitration Act.

7.5 Waiver of Jury Trial. You and we understand that, absent this mandatory provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that the right to discovery may be more limited in arbitration than in court.

7.6 Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and you and we shall be deemed to have not agreed to arbitrate disputes. 11.7 Exception – Small Claims Court Claims. Notwithstanding your and VLS’s agreement to resolve all disputes through arbitration, either you or ABH may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

7.8 Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding your and VLS agreement to resolve all disputes through arbitration, either you or we may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

7.9 Opt-Out of Agreement to Arbitrate. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at info@victoriaslashstop.com, and providing the following information: (i) your name, (ii) your email address; (iii) your mailing address; and (iv) a statement of your wish not to resolve disputes with VLS through arbitration. The notice must be sent within thirty (30) days of your agreement to the Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this section. If you opt-out of these arbitration provisions, VLS also will not be bound by them.