Effective: January 14, 2020
UNLESS OTHERWISE NOTED IN WRITING, ALL SALES AND PURCHASES ARE NON-REFUNDABLE.
IMG Worldwide, LLC (including its parents, subsidiaries, affiliates, or licensees) (collectively, “our”, “we”, “us”, or “IMG”) strives to make your purchasing experience easy and efficient. The following is designed to ensure your satisfaction and understanding of the purchase process on our sites and applications (collectively, the “Site”).
If you have any questions, please contact us using the information provided below:
Feedback, Comments, Suggestions or Concerns:
All prices for items sold are stated in U.S. Dollars.
If you wish to purchase good(s) (i.e., The Official NYFW: The Shows Beauty Edit February 2021 Edition: Glow Beauty Box) (the “Product(s)”) through the Site, you may be asked to supply certain information relevant to the transaction, including, without limitation, payment information. We accept several methods of payment to accommodate your needs, including most major credit cards. You represent and warrant that any credit card information that you submit in connection with your purchase is true, accurate and complete, and you agree to immediately notify us if any information is inaccurate. You represent and warrant that you have the legal right to use any credit card(s) or other payment methods used in connection with a transaction.
When you purchase a Product using a credit card, you authorize us to charge your credit card at the time you make the purchase. You are solely responsible for any and all fees charged to your credit card by the card issuer, bank or financial institution, including, without limitation any credit card membership, overdraft, or over-the-credit-limit fees. Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a U.S. credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee.
PRODUCTS AND PRICING
Products are subject to availability, as determined in our discretion. All descriptions, images, references, features, content, specifications, and prices of Products described or depicted on the Site are subject to change at any time without notice, and we reserve the right to cancel or remove any Product from the Site at any time in our sole discretion. You shall be responsible for paying all taxes and third-party expenses, if applicable, imposed on or in connection with the Products, including shipping costs, as applicable.
We have partnered with a third-party shipping partner to ship and distribute the Product to you at the address provided by you when you placed your order. Any Product you purchase will ship directly from our third-party partner in FL. The applicable shipping policy can be found HERE (the “Shipping Policy”). All aspects of shipping and distribution (including, without limitation, rates, packaging, processing and shipping timelines, and carriers) shall be the sole responsibility of our third-party partner and you agree to be bound by the terms of that Shipping Policy, in addition to this Purchase Policy and any other Policies referenced herein in connection therewith. You agree that IMG and/or Visa shall not be responsible for any shipping delay or failure, including, without limitation, to the extent arising from an incomplete or incorrect address, from any payment failure, or from any circumstances affecting our third-party shipping partner and/or that are otherwise beyond our control, nor shall IMG and/or Visa be responsible for any claims, damages, or losses arising out of or in connection with the shipment and distribution of the Product, and you agree to indemnify, defend, and hold IMG and/or Visa harmless from and against the same.
If you do not receive a submission confirmation and purchase confirmation (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm, via our customer service, whether or not your order has been received. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was placed if you failed to receive confirmation. We do not guarantee availability of Products until there is confirmation that payment has been received and an order has been processed by the Site.
BILLING INFORMATION VERIFICATION
Orders are subject to credit card approval and will be processed only after a billing address and other billing information has been verified. Occasionally, we receive incorrect billing or credit card account information for an order, which may delay processing and delivery. In these cases, we will cancel your order and may sell your Product to another customer without further notice.
FULL PAYMENT REQUIRED
Full payment is required upon checkout to secure your Product(s) purchase. We are not obligated to provide Product, or any element thereof, unless and until we receive the full and timely payment for Product. If we do not receive payment in full at the time of purchase of the Product, we have the right to cancel your order and terminate the fulfillment of the Product without any further obligation or liability owed to you.
REFUNDS; RETURNS & EXCHANGES
UNLESS OTHERWISE STATED IN WRITING, ALL SALES AND PURCHASES ARE FINAL, NON-RETURNABLE, AND NON-REFUNDABLE. If you have received a broken or defective Product, please contact us via email at the address listed above to arrange for an exchange. Please note you will be responsible for all shipping fees associated with the exchange, including to the extent you are required to return an item to us. f you are required to return an item to us, the method of shipping will be your choice; we recommend you receive a tracking number when returning your package to ensure proof of delivery. We reserve the right to request proof of any damage or defect to the applicable Product prior to honoring any request for an exchange. Requests for an exchange may be granted or denied in our sole discretion.
CHANGES TO PRODUCTS/LIMITATION OF LIABILITY
IMG and/or Visa WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION COSTS RELATED TO TRAVEL AND LOST PROFITS) ARISING OUT OF OR RELATING TO THIS PURCHASE POLICY OR THE TRANSACTIONS IT CONTEMPLATES (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) AND IRRESPECTIVE OF WHETHER YOU OR IMG and/or Visa HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL IMG’S and/or Visa LIABILITY EXCEED THE PRICE YOU PAID TO IMG and/or Visa FOR THE SPECIFIC PRODUCT PROVIDED BY IMG and/or Visa GIVING RISE TO AN APPLICABLE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF ACTIONS
No action arising out of or relating to this Purchase Policy or the transactions it contemplates may be commenced against IMG and/or Visa more than 12 months after the basis for such claim could reasonably have been discovered.
You hereby agree to indemnify, defend, and hold harmless IMG and/or Visa from and against any and all claims suits, demands, and causes of action, and any resulting costs and expenses, fines, damages, liabilities, losses, settlements and judgments, including, without limitation, reasonable attorneys’ fees and legal expenses (collectively, the “Claims”) that may be asserted by a third party against IMG and/or Visa that arise out of, result from, or relate to your purchase of the Product, enjoyment of any of the rights, benefits, or items related thereto, including, without limitation, use of the Product and/or one or more good(s) in connection therewith, and for all Claims that otherwise arise out of or result from, directly or indirectly, in whole or in part, without limitation, your breach or failure to abide by any part of this Purchase Policy.
The Products are being sold “as is,” and IMG and/or Visa disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for a particular purpose with respect thereto and the Site. We make no warranty as to the accuracy, completeness, or reliability of the Site, including without limitation any content available through the Site and any descriptions or depictions of Products. You are responsible for verifying any information before relying on it. Under no circumstances will IMG and/or Visa be liable for the services or products of any third party, including any comprising or constituting a part of a Product. You acknowledge that you have not been induced by any statements or representations of any person with respect to the quality or condition of, or results expected from, a Product or any items constituting a part thereof and that no such statements or representations have been made. You acknowledge that you have relied solely on the investigations, examinations, and inspections you, as a purchaser of the Product, have chosen to make and that IMG has afforded you the opportunity for full and complete investigations, examinations, and inspections.
You represent and warrant to IMG that you have the capacity and/or power and authority to agree to and enter into this Purchase Policy on behalf of yourself and/or your minor child, if such child will be a recipient the goods purchased (including any Product); and, when agreed to by you, the Purchase Policy shall be enforceable against you and/or your minor child, as applicable, and will be a legally binding obligation for you and/or your minor child, as applicable.
You and IMG agree that any controversy or claim arising out of or relating to the Site or the Products shall be settled by binding arbitration in or near (as determined by us) New York, New York, or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor IMGA shall be entitled to arbitrate the dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT PURCHASE OR REDEEM ANY GOOD OR PACKAGE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
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