Giniasbeauty.com Terms of Use (GINIA’S BEAUTY BRAND, LLC LLC)

Please review these Terms of Use carefully.

  1. Introduction

Welcome to the family of websites and applications provided by Ginia’s Beauty Brand, LLC. These Terms of Use govern your access to and use of all Ginia’s Beauty Brand, LLC Sites among other things. By using the Ginia’s Beauty Brand, LLC Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the Ginia’s Beauty Brand, LLC Sites is unauthorized.

Defined Terms: We also refer to Ginia’s Beauty Brand, LLC as Ginia’s Beauty, Ginia’s Beauty Brand, “we,” “us” and “our.” When we say “you” or “your” we mean any user (like you!) of any Ginia’s Beauty Brand, LLC Site and any person who has notice of these Terms of Use, and all other terms and policies posted by Ginia’s Beauty Brand LLC on the Ginia’s Beauty Brand LLC Sites.

  1. Your Use of the Ginia’s Beauty Brand, LLC Sites

You certify that the Content you provide on or through the Ginia’s Beauty Brand, LLC Sites is accurate and that the information you provide on or through the Ginia’s Beauty Brand, LLC Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Ginia’s Beauty Brand, LLC is not responsible for any losses arising out of the unauthorized use of your account. You agree that Ginia’s Beauty Brand, LLC does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Ginia’s Beauty Brand, LLC Sites. You agree that Ginia’s Beauty Brand, LLC is not a party to any such agreement, nor is Ginia’s Beauty Brand, LLC responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Ginia’s Beauty Brand, LLC Sites or any portion of the Ginia’s Beauty Brand, LLC Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Ginia’s Beauty Brand, LLC Sites or any portion of the Ginia’s Beauty Brand, LLC Sites.

  • Pertaining to Ginia’s Beauty Brand, LLC Sites, you will not:
    • Make available through or in connection with the Ginia’s Beauty Brand, LLC Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
    • Use the Ginia’s Beauty Brand, LLC Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
    • Harvest or collect information about users of the Ginia’s Beauty Brand, LLC Sites.
    • Interfere with or disrupt the operation of the Ginia’s Beauty Brand, LLC Sites or the systems, servers, or networks used to make the Ginia’s Beauty Brand, LLC Sites available, including by hacking or defacing any portion of the Ginia’s Beauty Brand, LLC Sites; or violate any requirement, procedure or policy of such servers or networks.
    • Restrict or inhibit any other person from using the Ginia’s Beauty Brand, LLC Sites.
    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Ginia’s Beauty Brand, LLC Sites except as expressly authorized in these Terms of Use, without Ginia’s Beauty ’s express prior written consent.
    • Reverse engineer, decompile, or disassemble any portion of the Ginia’s Beauty   Sites, except where such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trademark, or other proprietary rights notice from the Ginia’s Beauty Brand, LLC Sites.
    • Frame or mirror any portion of the Ginia’s Beauty Brand, LLC Sites, or otherwise incorporate any portion of the Ginia’s Beauty Brand, LLC Sites into any product or service, unless you obtain Ginia’s Beauty ’s written consent to do so.
    • Systematically download and store any Materials.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Ginia’s Beauty Brand, LLC Sites, without Ginia’s Beauty Brand, LLCexpress prior written consent.
    • Violate any law, rule, or regulation, or these Terms of Use.
  • You will not use the Ginia’s Beauty Brand, LLC Sites or Ginia’s Beauty Brand, LLC name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Ginia’s Beauty trademark, logo, URL, or product name without Ginia’s Beauty written consent;
  • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

  1. Content

  • Ginia’s Beauty has no liability to you for content on the Ginia’s Beauty Brand, LLC Sites that you find to be offensive, indecent, or objectionable. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Ginia’s Beauty Site. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.
  • You grant to Ginia’s Beauty a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Ginia’s Beauty is free to use any creative Ideas, suggestions, proposals, plans or materials for any purpose submitted to Ginia’s Beauty Brand, LLC by emails, postal mail or posted in comment sections of website or social media platforms. Ginia’s Beauty may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Ginia’s Beauty is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Ginia’s Beauty the right to use any name associated with any Content or Idea that you make available to Ginia’s Beauty, although Ginia’s Beauty has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea. You agree that your comments will not breach any right of third parties, by violating copyright, trademark, privacy, personality or other personal or proprietary right. You also agree to use current and accurate email address. You agree to take full liability on any comments made and agree not to pretend to be someone else. You agree that your comments will not include any forms of derogatory, abusive language or that you will impersonate or pretend to be another person when commenting or posting on this site or any of Ginia’s Beauty Brand, LLC platforms.

  1. Prohibited Content

You agree that you will not make available Content in connection with the Ginia’s Beauty Brand, LLC Sites that:

  • is false, fraudulent, inaccurate, or misleading;
  • contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  • violates any local, state, federal, or international laws or is otherwise tortious;
  • is protected by or would infringe on the rights of others (including Ginia’s Beauty), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  • is obscene, indecent, pornographic, or otherwise objectionable;
  • is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Ginia’s Beauty in its sole discretion;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Ginia’s Beauty;
  • contains or relates to chain letters or pyramid schemes;
  • impersonates another business, person, or entity, including Ginia’s Beauty, its related entities, employees, and agents;
  • violates any policy posted on the Ginia’s Beauty   Sites; or
  • is intended to cause harm, damage, disable, or otherwise interfere with the Ginia’s Beauty Brand, LLC Sitesor our partners.

  1. Merchandise on the Site

Ginia’s Beauty Brand, LLC and its suppliers and licensors may make available various Materials. Errors may appear from time to time on our site, any platform or emails. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. Ginia’s Beauty makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Ginia’s Beauty Brand, LLC Sites, we would appreciate it if you let us know by contacting us at giniasbeauty.com (Your feedback is a big part of what helps Ginia’s Beauty Brand, LLC to get better at helping you!).

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

If there is a pricing, offers or promotion error, we reserve the right to correct these errors at any given time and cancel orders that reflected the error.

  1. Placing an order

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made on Giniasbeauty.com.

All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

Ginia’s Beauty Brand, LLC may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.

Ginia’s Beauty Brand, LLC reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. Ginia’s Beauty Brand, LLC also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Ginia’s Beauty Brand, LLC for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

In addition to any other remedies available to it, Ginia’s Beauty Brand, LLC may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the Ginia’s Beauty Brand, LLC returns policy. We reserve the right to refuse service to anyone for any reason at any time.

  1. Pricing and service

Ginia’s Beauty Brand, LLC reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Ginia’s Beauty Brand, LLC. We reserve the right at any time to change or discontinue a product or service without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or service.

  1. Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

  1. Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Ginia’s Beauty Brand, LLC Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. Such information include, your address for delivery, email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  1. Disclaimer of Warranties

The Ginia’s Beauty Brand, LLC Sites, and all content, materials, products, services, functionality, and other items included on or otherwise made available to you through the Ginia’s Beauty Brand, LLC Sites are provided by Ginia’s Beauty Brand, LLC on an “as is” and “as available” basis. No Ginia’s Beauty Brand, LLC entity makes any representations or warranties of any kind, express or implied, as to the operation of the Ginia’s Beauty Brand, LLC Sites or the content, materials, products, services, functionality, or other items included on or otherwise made available to you. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. To the fullest extent permissible by applicable law, the Ginia’s Beauty entities disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, the Ginia’s Beauty entities disclaim any and all warranties, express or implied, for any merchandise offered. You acknowledge that, to the fullest extent provided by applicable law, your use of the Ginia’s Beauty Brand, LLC Sites is at your sole risk. This section does not limit the terms of any product warranty offered by the manufacturer of an item that is sold by Ginia’s Beauty Brand, LLC to you. This disclaimer constitutes an essential part of these terms of use. To the fullest extent permitted by applicable law, you assume full responsibility for your use of the Ginia’s Beauty Brand, LLC Sites and agree that any information you send or receive during your use of the Ginia’s Beauty Brand, LLC Sites may not be secure and may be intercepted or otherwise accessed by unauthorized parties. You agree that, to the fullest extent permitted by applicable law, no Ginia’s Beauty entity is responsible for any loss or damage to your property or data that results from any materials you access or download from the Ginia’s Beauty Brand, LLC Sites. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you. We reserve the right to remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

  1. Limitation of liability

You acknowledge and agree that, to the fullest extent provided by applicable law, Ginia’s Beauty entities will not be liable to you or to any other person under any circumstances or under any legal or equitable theory, whether in tort, contract, strict liability, or otherwise, for any indirect, special, incidental, or consequential losses or damages of any nature even if an authorized representative of a Ginia’s Beauty entity has been advised of or should have known of the possibility of such damages. To the fullest extent provided by applicable law, this disclaimer applies to, but is not limited to, any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, computer viruses, file corruption, communication failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss of use of any record or data, and any other tangible or intangible loss. Subject to the foregoing, to the fullest extent provided by applicable law, no Ginia’s Beauty entity will be liable for any damages in excess of the fees paid by you in connection with your use of the Ginia’s Beauty Brand, LLC Sites.

You specifically acknowledge and agree that, to the fullest extent provided by applicable law, no Ginia’s Beauty entity will be liable for any defamatory, offensive, or illegal conduct of any seller (including any marketplace retailer), shopper, or other user of the Ginia’s Beauty Brand, LLC Sites.

  1. Indemnification

You agree to defend (at Ginia’s Beauty Brand, LLC option), indemnify, and hold the Ginia’s Beauty Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Ginia’s Beauty Brand, LLC Sites or any breach by you of these Terms of Use. Ginia’s Beauty Brand, LLC reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Ginia’s Beauty Brand, LLC if and as requested by Ginia’s Beauty Brand, LLC in the defense and settlement of such matter.

  1. Termination

These Terms of Use are effective unless and until terminated by either you or Ginia’s Beauty Brand, LLC. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Ginia’s Beauty Brand, LLC Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Ginia’s Beauty Brand, LLC Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Ginia’s Beauty, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Ginia’s Beauty Brand, LLC Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the Ginia’s Beauty Brand, LLC Sites,” “Content and Ideas,” “Monitoring by Ginia’s Beauty,” “Materials Available on the Ginia’s Beauty Brand, LLC Sites,” “Merchandise,” “Placing an Order with Ginia’s Beauty,” “Shipping and Delivery,” “Privacy,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” and “General”.

  1. General

These Terms of Use represent the complete agreement and understanding between you and Ginia’s Beauty Brand, LLC and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Ginia’s Beauty Brand, LLC. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of Ginia’s Beauty Brand, LLC to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Ginia’s Beauty Brand, LLC rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the Ginia’s Beauty Brand, LLC Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  1. Personal Information

Please see our Privacy Policy for more details.

How to Contact Us:

If you have any questions or comments, please contact us at 1(800) 279-1455, email customersupport@giniasbeauty.com, or by mail at the following address: GINIA’S BEAUTY – PO Box 337, Maplewood, NJ 07040. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.