Terms and Conditions of Sale and Use

Terms and Conditions of Sale and Use

OVERVIEW

This website is operated by Zuc. Throughout the site, the terms "we," "us," and "our" refer to Zuc. Zuc offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments.

You agree that your comments do not infringe upon the rights of any third party, including copyright, trademarks, privacy, personality, or any other personal or proprietary rights. You further agree that your comments do not contain defamatory or otherwise unlawful material, abusive or obscene content, or any computer virus or malicious software that could affect the operation of the Service or any related website. You may not use a false email address, impersonate anyone else, or mislead us or third parties as to the origin of your comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

ARTICLE 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spam, phishing, pharmacy, pretext, spider, crawl, or scrape purposes; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Glamazee™, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

ARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Glamazee™ and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

ARTICLE 15 - SHIPPING, DISPUTES, CLAIMS, CHARGEBACKS

Shipping times may vary, and orders may take up to 30 business days to arrive due to rare occasions - holidays, unexpected natural and political events. By making a purchase on Glamazee.com, you agree not to file a chargeback or dispute for any reason within 30 business days of the purchase.

You agree to email us at nacionalbliss01@gmail.com to resolve any payment issues you may encounter with us. You agree to wait 30 business days before contacting your bank, payment transaction processor, or payment gateway to file a chargeback or dispute.

You agree to be responsible for damages and business losses resulting from chargebacks or disputes initiated by you within 30 business days of your purchase. You also agree to appear in the small claims court and be responsible for our attorney's fees.

If your order or products do not reach you and you have proof that you contacted us via email as mentioned above and we did not respond or assist you within 30 business days of your purchase, you may file a dispute or chargeback without liability.

ARTICLE 16 - TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. 

ARTICLE 16 - TERMINATION

The obligations and responsibilities of the parties contracted before the termination date shall survive the termination of this agreement for all practical purposes. These Terms of Service are effective until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

If, in our sole judgment, you fail to comply, or if we suspect that you have failed to comply, with any of the terms or provisions of these Terms of Use, we may also terminate this agreement at any time without notice and you shall remain liable for all amounts due up to and including the date of termination; and/or accordingly, we may deny you access to our services (or any part thereof).

ARTICLE 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - APPLICABLE LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of 304 S. Jones Blvd Las Vegas Nevada US 89107.

ARTICLE 19 - MODIFICATIONS TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SMS/MMS MARKETING PROGRAM TERMS

By opting into Glamazee's SMS marketing at checkout and initiating a purchase or subscribing via our signup tools, you agree to receive recurring text notifications (for order updates, including checkout reminders), SMS marketing offers, and transactional texts, including requests for feedback from us, even if your mobile number is registered on a federal or state Do Not Call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link provided in any of our messages. You understand and agree that alternative methods of opting out, such as using words or requests other than those provided above, will not be considered a reasonable means of opting out. We do not charge for this service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number that sent you the messages. You can also contact us at nacionalbliss01@gmail.com for more information.

We reserve the right to modify any phone number or short code we use to operate the service at any time. You will be notified in such an event. You agree that any message you send to a phone number or short code we have modified, including any STOP or HELP requests, may not be received, and we will not be obligated to honor requests made in such messages.

To the extent permitted by applicable law, you agree that we are not responsible for the failure, delay, or misrouting of any information sent through the service, any error in such information, and/or any action you may or may not take in reliance on the information or the service.

SMS MARKETING DETAILS

Your privacy is important to us. You can view our privacy policy to understand how we collect and use your personal information.

Glamazee™ ("We", "Our", "Us") offers a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). By opting in to or participating in any of our programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding individual arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other terms and conditions or privacy policy that may govern the relationship between you and us in other contexts.

  1. User Acceptance: The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or opt-in forms. Regardless of the method of acceptance you have used to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive automated or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted as suggesting or implying that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.

  2. User Opt-Out: If you do not wish to continue participating in the program or if you do not agree to this Agreement anymore, you agree to reply to any Glamazee mobile message with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt-out of the program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, sending a text message containing words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

  3. Program Description: Without limiting the scope of the Program, Users who choose to participate in the Program may expect to receive messages regarding the marketing and sale of eyelash and eyebrow enhancing serums, mascara, and travel bags. Messages may include payment reminders.

  4. Cost and Frequency: Message and data rates may apply. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

  5. Support Instructions: For help regarding the Program, text HELP to the number that sent you messages or email us at nacionalbliss01@gmail.com. Please note that using this email address is not an acceptable method of opting out. Opt-outs must be submitted in accordance with the procedures outlined above.

  6. MMS Disclosure: the program will send TM SMS (end messages) if your mobile device does not support MMS messaging.

  7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We shall not be responsible for delays or failures in receiving any mobile message related to this program. Delivery of mobile messages.

    1. Participant Requirements: You must have your own wireless device capable of sending two-way messages, use a participating wireless service provider, and subscribe to a wireless service providing text messaging. Not all cellular providers offer the necessary service to participate. Check your phone's capabilities for specific text messaging instructions.

    2. Age Restriction: You may not use or engage with the platform if you are under the age of thirteen (13). If you use or engage with the platform and are between thirteen (13) and eighteen (18) years of age, you must have permission from your parent or legal guardian to do so. By using or engaging on the platform, you acknowledge and agree that you are not under the age of thirteen (13), are between thirteen (13) and eighteen (18) years of age and have permission from your parent or legal guardian to use or engage on the platform, or are of legal age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are authorized by applicable law in your jurisdiction to use and/or engage with the platform.

    3. Prohibited Content: You acknowledge and agree not to send prohibited content through the platform. Prohibited content includes:

    • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
    • Reprehensible content, including blasphemy, obscenities, lasciviousness, violence, sectarianism, hate, and discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
    • Pirated computer programs, viruses, worms, Trojans, or other harmful codes;
    • Any product, service, or promotion that is illegal where such product, service, or promotion is received;
    • Any content involving and/or referring to personal health information protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
    • Any other content prohibited by applicable law in the jurisdiction from which the message is sent.
    1. Dispute Resolution: In the event of a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit mobile messages as part of the Program, arising out of or relating to federal or state legal claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this arbitration agreement, this dispute, claim, or controversy will, to the fullest extent permitted by law, be settled by arbitration in Los Angeles, California, before an arbitrator.

    The parties agree to submit the dispute to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA") then in effect. Unless otherwise provided herein, the arbitrator shall apply the substantive laws of the federal judicial circuit in which Our principal place of business is located, without regard to its rules of conflict of laws. Within ten (10) calendar days after the service of the arbitration demand upon a party, the parties shall jointly select an arbitrator with at least five years' experience in that capacity and who has knowledge and experience in the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA"). The parties also agree that the AAA's rules governing emergency measures of protection shall apply in lieu of seeking emergency injunctive relief from a court. The arbitrator's decision shall be final and binding, and no party shall have rights of appeal, except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by law or the agreement. The arbitrator shall not have the power to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

    THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

    Unless the law requires it, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, except to protect or pursue a legal right. If any term or provision of this section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this section or invalidate or render unenforceable such term or provision in any other jurisdiction. If, for any reason, a dispute proceeds in court rather than in arbitration, the parties waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our programs.

    1. Miscellaneous: You represent and warrant to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations under these Terms, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise. We reserve the right to change this Agreement from time to time. Any updates to this Agreement will be communicated to you. You acknowledge that it is your responsibility to check this Agreement periodically for changes. Your continued participation in the Program after such modifications will constitute acknowledgment of the modified Agreement and agreement to abide and be bound by the modified Agreement.