Welcome to the Refan Cosmetics US website (www.refancosmeticsus.com) (the ‘website”).
Refan Cosmetics US and Tutta Rosa LLC provides the content and services available on the website to you subject to the following terms and conditions (the “Terms and Conditions”). By accessing or using the website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
1. Privacy
Please review our Privacy Policy (link) so that you can understand our privacy policies.
2. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the website; however, we do not warrant that the product descriptions, colors or other content available on the website is accurate, complete, reliable, current, or error-free. This website may contain errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
3. Personal Use Only
Unless otherwise noted, the products and services available on this site, and any samples that we provide to you, are intended for personal, non-commercial use only. You agree to use the website only for lawful, non-commercial purposes and in compliance with all international, federal, state and local laws. You may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the website. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
4. Intellectual Property
All content available on the website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively the “content”) is the property of Refan Cosmetics, our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the website (collectively, the “Trademarks”) are the registered and unregistered marks of Refan Cosmetics, our affiliates, our licensors or our partners, in the united states and other countries, and are protected by united states and international trademark laws. All other trademarks not owned by us, our affiliates, our partners or our licensors that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license section below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. Requests for permission should be directed in writing to our Pennsylvania office at the address specified below.
TUTA ROSA LLC
ATTN: RefanCosmeticsUS.com
PO BOX 14784
PITTSBURGH, PA 15234
5. Your Obligations and Responsibilities
In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. No unsolicited email (spam) may be directed to or through this website. Users may not use this website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful. IF YOU DEFAULT NEGLIGENTLY OR WILLFULLY IN ANY OF THE OBLIGATIONS SET FORTH IN THESE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY POLICY – LINK), YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT THIS MAY CAUSE TO REFAN COSMETICS, OUR AFFILIATES, PARTNERS OR LICENSORS.
6. Your Account
You may choose to register for an account on the website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions.
7. User Content
We welcome user comments, information and submissions. Subject to our Privacy Policy, all User Content that you post on this website will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of this website. You also agree that we, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you. If you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the website. We and our affiliates are not responsible for any user’s misuse or misappropriation of any User Content you post on the website.
8. Submissions
We have no obligation to verify the identity of any users when they are connected to the website or to supervise the User Content that has been provided by users. You acknowledge that we may or may not prescreen, monitor, review, edit or delete the User Content posted by you and other users on the Site. We and our designees retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice.
9. User Conduct
By posting User Content in or otherwise using any communications service or other interactive service that may be available to you on or through the Site from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Moreover, you agree not to access or use the website for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your activity in connection with the website.
10. No Endorsement
We do not control the User Content posted on the website and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the website do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site. We do not assume, and expressly disclaim, any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by our receipt or acceptance of any such materials.
11. DISCLAIMER
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
REFAN COSMETICS US AND TUTTA ROSA LLC AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. REFAN COSMETICS US AND TUTTA ROSA LLC STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, REFAN COSMETICS US AND TUTTA ROSA LLC CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REFAN COSMETICS US AND TUTTA ROSA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TUTTA ROSA LLC AND REFAN COSMETICS US, ITS SUPPLIERS OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES.
13. Indemnification
You agree to indemnify and hold harmless Tutta Rosa LLC and Refan Cosmetics US, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the website; information you submit or transmit through the website; your breach of this Agreement; and your connection to the website.
14. Termination
We may terminate or suspend your access to the website, delete your profile and any content or information that you have posted on the website and/or prohibit you from using or accessing the website for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the website. In the event of termination, you will still be bound by your obligations under these Terms and Conditions, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the website.
15. General
You acknowledge and agree that these terms of use & copyright, together with our privacy policy (link) constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these terms of use at any time by posting the changes on the website. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these terms of use.
If you have any questions regarding these terms of use, please contact us by e-mail at: contact@refancosmeticsus.com.