- General and definitions
Arganzapro.com (the “Website”) is an E-Commerce website where you can purchase Services and/or Products (the “Service(s)” or “Product(s)”), subject to this terms and conditions. These terms and conditions (the “Term and conditions” or the “Agreement”) apply to any use of the Website, and to any purchase of any Service or Product in the Website (the “Website”).
These Terms and Conditions should be read alongside and are in addition to all other information and provisions appearing in the Website. By purchasing or subscribing to the Website you acknowledge that you accept and agree to the terms & conditions, you are not minor, which means that you are 18 years or older, and you also agree to receive marketing messages and promotions by any online digital method or offline method. If you do not agree with any of these Terms and Conditions then you should not use, purchase, and register or subscribe to the Website.
We reserve the right to modify or terminate the Website, the Service or any element, or selling any product at any time, without notice, and we will not be liable to you as a result of any such action. Therefore, it is your sole responsibility to ensure you review these Terms and Conditions regularly to be updated with any changes and modifications. We don’t separately file the individual agreements entered into by users. The Websites Services and Products are supplied, promoted and managed by Amigochat Israel Ltd, a company registered in Israel with limited liability (The “Supplier” or “Company”), for the purposes of operating and selling Services and Products. The address of the Supplier is: 10 Ha Sadnaot Street. PoBox 399, Herzelia, Israel, 46103. In this Agreement “we” and “us” are references to the Supplier or Company. If you need any help or you have any queries or complaints in relation to the Website, Service or Products, please refer to the send a written request to Contact us sections in the Website or to: firstname.lastname@example.org.
- Purchasing of Service and Products
In the Website you can purchase the Services and Products with one-time payment and additional shipment fee for each order, or by subscribing to recurring subscription package plan with special discount and free shipping. If you register to a subscription plan, the charges will be applied to your credit/debit card periodically as defined in the plan, and until you cancel it. The Subscription plan is with no obligation and can be cancelled or change at any time. If you want to change your subscription plan all you need to do is sign in your account in the Website and change the package plan or send your request via Contact us section in the Website or email to: email@example.com, and our support team will do its best efforts to help you as soon as possible.
- Shipment of Products
The company has the right to change from time to time the shipment conditions and fees, offer any special deals with free shipment, and restrict shipment to any destination. You are responsible to provide full, accurate and correct: name, physical address, email, phone numbers, and any other personal, shipping and payment information that needed purchase and to ship the Services and products to the buyer and user. To prevent any misunderstanding, if you fail to provide us such correct and accurate information, you will be fully responsible and you will not be entitled to receive any refund, and agree to bear on your account any extra shipment and handling costs resulted from your failure and/or mistake.
You are bound by this Agreement upon your access of the Website and/or completing any registration or shopping process. This Agreement, or any part of it, may be modified and/or terminated by Us without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. The Subscription plans begin immediately after You sign up and pay, and will continue until the You request to stop it by written notice. As long as the Subscription is not cancelled, You will be charged for it. The subscription plan is without obligation and can be stopped at any time. If you want to cancel your subscription plan or Terminate the Agreement you should send a request by Contact Us or by email to: firstname.lastname@example.org. To prevent any misunderstanding, the termination will become valid 3 business days after We receive your written request, and you will not be entitled to get a refund for any charge and/or shipment that has been executed before the termination becomes valid.
- Refund Policy – 100% Satisfaction Guarantee
All purchases in our Website includes a 30 Day – 100% Satisfaction Guarantee. If for any reason you are unsatisfied with your order, you may return it as long as your item meets the following conditions: You have notify by email within thirty (30) days from the order date. You have proof of purchase (order number, buying invoice, delivery note, bank statement). The goods must be in new and good condition and returned in the original packaging along with all accessories (including manuals, warranty cards, certificate of authenticity) and free gifts received with it. Please do not send the item back to us before contacting us at email@example.com. A return without any notification will not be valid. Once we have received your return, we will conduct an evaluation and if return is valid we will notify when we are processing your refund or replacement. Refund will be done via a bank wire. To prevent any misunderstanding, for subscription based plans, this return and refund policy is valid only for the first products shipment. Refund will be for the cost of your purchase less $8 for shipment, restocking, handling and payment processing fees, per each product. Return shipping and handling are the sole responsibility of the customer.
- Your Representations and Undertakings
Your use of the Service and Products must be strictly for non-commercial purposes and in accordance with this Agreement. Fraudulent activity of any kind (as determined in our sole discretion), including without limitation, business-to-business transactions, credit card fraud, use of “bots” and identity theft are strictly forbidden. You agree not to access (or attempt to access) any of the services by any means other than through the interface that we provide, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) any of the services through any automated means (including use of scripts or web crawlers). Harassment in any manner or form on the website and/or in connection with our Services or Products, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a our or other licensed employee, host, or representative, as well as other members or visitors on the website is strictly prohibited. In addition to all other remedies available to us in law and/or in equity, any unauthorized use of the website and/or our services will result in the termination of any account or accounts associated with you; such accounts shall be deemed null and void and any and all information and/or benefits relating to such account(s) shall revert to and/or become the sole property of us. We further reserve the right to block your access to the website and our services, including without limitation, suspension and/or termination of your account and blocking all I.P. addresses reasonably associated with your account. We will not be liable for the termination of the service on any account whatsoever.
In consideration for the rights granted to you to use the Website, you represent, warrant, covenant and agree that: You are the authorized owner of a credit card or of any other relevant payment measure. By purchasing or subscribing to the Website you acknowledge that you accept and agree to the Terms & Conditions, you are not minor, which means that you are 18 years or older, and you also agree to receive marketing messages and promotions by any online digital method or offline method. It is hereby clarified that we shall not be responsible for any failure and incompatibility, and in the event of such failure the User shall not have any claim regarding that matter. The use of the Website Services and products are at your own risk. You shall comply with all national and international applicable law and regulations. Furthermore, you shall comply with the instructions, given by the Website.
We does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, we reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to www.nxnbeauty.com in its sole discretion.
We only contacts individuals who specifically request that we do so, or in the event that they have signed up to receive one of our Services and/or Products.
What information do we collect?
We collects personal information from the users during online registration. Generally, this information may include personal and shipment information as: name, e-mail address, phone numbers, address, payment information and any other information necessary to purchase and receive our Service and Products. All of this information is provided to us by you.
How do we use the information?
This information is used for proving the Service and/or for purchasing Products and for internal marketing purposes only. We do not sell, exchange, or release your personal information. Your information is used for the sole purpose of sending out the information and products you have requested. By signing up the service newsletter, or purchasing the products, you agree to occasionally receive news, special offers, advertisements or other promotions from us and our sponsors. All such offers from third parties are sent directly from us. We will never give your information to an advertiser. With the activation you also agree that your mobile number, email and physical address may and can be used for sending marketing offers.
What are cookies and how do we use them?
How do we store your information?
Your information is stored at the list server that delivers the messages and information. We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server upon checkout. All sensitive payment information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into the payment processors databases to be only accessed as stated herein.
How can you opt-out and modify information?
To modify your e-mail subscriptions, please send your request by Contact Us section in the Website. Please note that due to email production schedules you may receive any emails already in production. For additional help or questions regarding subscription services, please email our customer service department via Contact Us section in our Website or email at: firstname.lastname@example.org. If you have received unwanted, unsolicited promotion or information sent via this Website please forward a copy of that promotion or information with your request to us to our email at: email@example.com. You can also change your information or ask to remove yourself at any time from our Service by simply sending us a written request by sending us a message directly to Contact us section in the Website or email at: firstname.lastname@example.org.
In an attempt to provide increased value to our visitors, We may link to sites operated by third parties. However, even if the third party is affiliated with us, we has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ours. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seeks to protect the integrity of our Website Services and Products, and the links placed upon our Website and therefore requests any feedback on not only its own website, but for sites it links to as well (including if a specific link does not work).
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue by sending us a message directly to Contact us section in the Website or email at: email@example.com.
- Intellectual Property, Copyright and Trade Marks
You may use the Website, the Service and Products for your own personal non-commercial use. All Arganza trademarks, service marks and trade names, logos used in connection with the Services and Products, including, without limitation, use on the Website and Products are trademarks are intellectual properties owned by the Company, whether they are registered or not (the “Trade Marks”). In addition, any other content on the Website and Products, including, but not limited to, images, pictures, graphics, photographs, animations, videos, music, audio and text belongs to the Supplier or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Service and Products, you obtain no rights in the Trade Marks, Services, Products and content other than as specified in this Agreement.
In particular, under no circumstance may you copy any Content (including without limitation graphics) or use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Service.
- Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content on our website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and, if available, an electronic mail;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We have a designated Copyright Agent to receive notifications of claimed infringement. All such claims shall be sent to the attention of AMIGOCAHT DMCA AGENT and sent to (i) Amigocaht Agent, PoBox 399, Herzelia, Israel, 46130 (ii) firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
- Data Protection
In addition, Your Information and data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.
- NO WARRANTY
THE SERVICE AND PRODUCTS ARE PROVIDED “AS IS” without any representation and/or obligation on the part of the Supplier with regard to the possibility of making them compatible to the needs and purposes of each User. The Supplier, his directors, employees, representatives, shareholders, and all those acting on its behalf and/or for it and any other source connected to the supply of the Service, Products and the content bear no responsibility and/or liability and/or warranties for REPRESENTATION, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE WEBSITE, SERVICE AND PRODUCTS. THE ENTIRE RISK TO THE USE, QUALITY AND PERFORMANCE OF THE SERVICE AND PRODUCTS, LIES ONLY WITH YOU.
The Supplier, his directors, employees, representatives, shareholders, and all those acting on its behalf and/or for it and any other source connected to the supply of the service and the content bear no responsibility and/or liability and/or warranties THAT THE SERVICE AND PRODUCTS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION, OBTAINED BY YOU THROUGH THE WEBSITE, SERVICE AND PRODUCTS. The Supplier, his directors, employees, representatives, shareholders, and all those acting on its behalf and/or for it and any other source connected to the supply of the service, products and the content bear no responsibility and/or liability FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE WEBSITE.
- Limitations of Liability
You agree that you are free to choose whether to use or purchase any Services and/or Products, and that you do so at your sole option, discretion and risk. We will NOT compensate you for any loss or damage you may suffer in connection with the Service and Products UNLESS we materially fail to carry out any of our obligations under this terms and conditions, or if we breach any duties imposed on us by law.
As this Service and products are for your own private non-commercial use only, our liability shall not in any event include losses related to any business of yours or any other party.
The User hereby expressly agrees that in any event in which responsibility and/or liability is imposed on the Supplier, its directors, employees, representatives, shareholders, and all those acting on his behalf, and/or for it, and any other source connected with the supply of the Service, Products and the Content with relation to the Website, then the sole, complete and final maximum remedy of the User shall be limited to up to a refund of the amount that the user was actually charged for the Service an Products provided by the Website, and nothing more. You are aware that we agreed to contract with you on the basis of these limitations of liability, and it relies thereon.
We shall use reasonable efforts to secure any information that you transmit or store through the Service or Website in order to prevent unauthorized access by third parties. You acknowledge, however, that we are unable to exercise control over the security of information passing over third party networks, and The Supplier, his directors, employees, representatives, shareholders, and all those acting on its behalf and/or for it and any other source connected to the supply of the service and the content bear no responsibility and/or liability for any kind of unauthorized access to information passing over the network or via the Service and for any damage or loss or corruption of data, information or material, or viruses that may infect your computer equipment or other property. Furthermore, the Supplier, his directors, employees, representatives, shareholders, and all those acting on its behalf and/or for it and any other source connected to the supply of the service products and the content, shall not be liable to you or any third party in contract, tort, negligence, or otherwise, for any indirect or consequential loss or damage whatsoever arising from or in any way connected with your, or any third party’s, use of the Service and Products, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
We are not responsible for the content of any linked sites. Nothing in this Agreement will operate so as to exclude any liability of the Supplier caused by the Supplier’s negligence or for any other liability which may not by law be excluded. You agree that We are not Responsible in the event that the Service fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person’s misuse of the Service, or its contents or any error or omission in the Service, Products and content or any other factors that are beyond our control.
Except for the promotion of the Website, the Website, its Services and Products are also promoted on other websites. Such promotions on other websites take place by and under the responsibility of third parties. The Supplier, his directors, employees, representatives, shareholders, and all those acting on its behalf and/or for it and any other source connected to the supply of the service, products and the content bear no responsibility and/or liability for any loss, expense and/or damage as result of any action done by other websites or links that do not belong to the Supplier.
We shall not be liable for any special or consequential damages that result from the use of, or the inability to use, our services, the materials on the website or the performance of the products acquired therefrom, even if We have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event of a typographical error on the website, including without, limitation, if products are mistakenly listed at an incorrect price, We reserves the right to refuse or cancel any orders placed for any and all products listed at the incorrect price. We reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, We shall issue a credit to your credit card account in the amount of the incorrect price.
The user covenants to compensate and/or to indemnify the Supplier, its directors, employees, representatives, shareholders, and all those acting on his behalf and/or for him and any other source connected with the supply of the Service and the Content immediately upon first demand, for any damage and/or harm and/or loss and/or expense and/or payment of any kind or nature, including for legal fees and court costs, as a result of a breach by the user of the provisions of the agreement and/or the provisions of the law, as well as for any contention and/or demand and/or claim that is raised against us by a third party for a breach by the User of the provisions of the Agreement and/or the provisions of the law.
So as to avoid doubt, the responsibility of the User in the event of the occurrence of any of the situations specified above also includes direct, indirect, consequential, incidental and/or special damages, including damage to reputation, harm to goodwill, loss of income, loss of data and loss of profits.
The indemnification shall not derogate from the Supplier’s remedies pursuant to the law.
- Governing Law
Your use of the Service, Products and the Website shall be governed in all respects by the laws of the state of Israel where the Company is registered, without regard to choice of law provisions, and not by the U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to our Services, Products, and the Website shall be in the state or federal courts located in Tel Aviv Israel. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of any of the products) must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement.
We reserve the right to modify or terminate the Website Service or any elements of the Service or Products at any time, without notice, and we will not be liable to you as a result of any such action.
We may deliver notice to you by means of e-mail, a general notice on the Website, and/or by any other reliable method, including, without limitation, to an address you have provided to Us.
If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties. Only You or We have the right to enforce any provision under the Agreement.
Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
This Agreement contains the entire agreement between you and us relating to the Service and supersedes any and all prior agreement between you and us. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation save insofar as the same has expressly been made a representation in this Agreement.
We reserve the right to transfer, assign, sub license or pledge this Agreement, in whole or in part, to any third party without notice and you will be deemed to consent to such assignment. You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement to any third party.
Nothing in this Agreement shall be construed so as to grant you any security interest whatsoever over the assets of the Supplier, including for the avoidance of doubt on any amounts standing to the credit of your Account.
Any exemption and/or lack of responsibility granted to the Supplier pursuant to the provisions of the agreement is also granted to its directors, employees, representatives, shareholders, and all those acting on its behalf and/or for it and any other source connected with the supply of the Website, Services, Products and the Content, as they shall be from time to time.
Any right that was not expressly granted to you in the agreement is reserved for the supplier.
We have the right to refuse for any reason the Website, Services and/or Products to anyone.