Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
ALL USERS OF THIS SITE AGREE THAT ACCESS TO, AND USE OF, THIS SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). THESE TERMS GOVERN YOUR USE OF THE GRANDE COSMETICS, LLC WEBSITE (“WEBSITE” OR “SITE”) AND CONSTITUTE A CONTRACT BETWEEN YOU (“YOU” OR “USER”) AND GRANDE COSMETICS, LLC. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS IN THEIR ENTIRETY, PLEASE DISCONTINUE YOUR USE OF THE SITE IMMEDIATELY. IF YOU ARE UNDER THE AGE OF 18, YOUR PARENTS OR LEGAL GUARDIAN MUST REVIEW AND ACCEPT THESE TERMS BEFORE YOU USE THIS SITE FOR ANY REASON. THIS SITE IS NOT DIRECTED TO CHILDREN UNDER THE AGE OF 18.
Acceptance of our Terms
By visiting the Grande Cosmetics, LLC website, and by viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to this website, you agree to be bound by the following Terms and Conditions of Use (“Terms”). If you do not want to be bound by our Terms, you should not visit, view or otherwise use the services of the Grande Cosmetics, LLC website. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Grande Cosmetics, LLC and that your use of this website shall indicate your conclusive acceptance of this agreement.
Provision of Services
You agree and acknowledge that Grande Cosmetics, LLC is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that Grande Cosmetics, LLC is entitled to provide services to you through subsidiaries or affiliated entities.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Grande Cosmetics, LLC. The collective work includes works that are licensed to Grande Cosmetics, LLC. Copyright 2012, Grande Cosmetics, LLC, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Grande Cosmetics, LLC or purchasing Grande Cosmetics, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non¬commercial use, or to place an order with Grande Cosmetics, LLC or to purchase Grande Cosmetics, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Grande Cosmetics, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Grande Cosmetics, LLC used in the site are trademarks or registered trademarks of Grande Cosmetics, LLC. The transfer of trademark rights DOES NOT INCLUDE THE TRANSFERRING OF SAID RIGHTS TO EBAY, AMAZON, ANY OF THEIR AFFILIATES’ WEBSITES or any other auction website or online marketplace.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Grande Cosmetics, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Grande Cosmetics, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Grande Cosmetics, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Sales and Pricing Polices
Please see our Minimum Advertised Price policy below. All sales on eBay, Amazon, any of their affiliates’ websites or any other auction website or online marketplace ARE STRICTLY PROHIBITED unless there is written approval from Grande Cosmetics, LLC. ANYONE FOUND TO BE IN VIOLATION OF THIS RULE AGREES TO LIQUIDATED DAMAGES IN THE AMOUNT OF $5000.00 (USD) FOR EACH LISTING ON ANY AND ALL WEBSITES.
Limitations on Sales.
Distributor will not sell any Grande Cosmetics LLC products on eBay, Amazon, any of their affiliate’s websites or any other auction website (including, but not limited to, Groupon) or online marketplace without the expressed, written consent from Frank Grande of Grande Cosmetics, LLC. Distributor will not advertise any Grande Cosmetics LLC products below the Minimum Advertised Price. The Minimum Advertised Price is set for as the retail price for all products. Prices do not include and are net of any foreign or domestic governmental taxes or charges of any kind that may be applicable to the sale, licensing, marketing or distribution of the products. Grande Cosmetics, LLC will not be responsible for any delays or lack of delivery due to customs clearance issues.
Limitation of Liability
Grande Cosmetics, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Grande Cosmetics, LLC has 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 that a Grande Cosmetics, LLC product is mistakenly listed at an incorrect price, Grande Cosmetics, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Grande Cosmetics, LLC 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, Grande Cosmetics, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term and Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Grande Cosmetics, LLC 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.
Grande Cosmetics, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Grande Cosmetics, LLC.
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 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 this site (including but not limited to the purchase of Grande Cosmetics, LLC products) shall be in the state or federal courts located in Westchester County, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Grande Cosmetics, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Grande Cosmetics, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions 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 any of these terms and conditions. Grande Cosmetics, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Grande Cosmetics, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Grande Cosmetics, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, 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 site, Grande Cosmetics, LLC is 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 site. However, Grande Cosmetics, LLC 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, for any reason otherwise unacceptable to Grande Cosmetics, LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless Grande Cosmetics, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Limitation on Time to File Claims
In an attempt to provide increased operated by third parties. However, even if the third party is affiliated with Grande Cosmetics, LLC, Grande Cosmetics, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Grande Cosmetics, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Grande Cosmetics, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Minimum Advertised Price (MAP) Policy
Grande Cosmetics, LLC has determined that its interests are best served through the adoption of a Minimum Advertised Price (“MAP”) policy. This MAP policy is designed to (1) protect reseller margins so that desirable pre-sales and post-sales services and infrastructure can be provided by our channel partners (2) support the Grande Cosmetics brand as a premium offering; and (3) avoid destructive intra-brand channel conflict. This policy has been unilaterally adopted by Grande Cosmetics and will be uniformly enforced. In the event a reseller chooses not to follow the Grande Cosmetics MAP policy, sanctions will be unilaterally imposed by Grande Cosmetics. Violations of MAP policy shall be determined by Grande Cosmetics in its sole discretion. Grande Cosmetics will not accept any communication from a reseller who has violated this MAP policy regarding the violation or the willingness of the reseller to bring its prices into compliance with the MAP policy. In addition to the above, failure to adhere to the MAP policy will be a factor taken into consideration in the determination of the acceptance of reseller's participation in the Grande Cosmetics Reseller program. Grande Cosmetics products not specifically identified in this policy are still subject to the MAP policy. Each advertisement below the MAP will be a violation of the policy. The MAP policy applies to all advertisements of specific Grande Cosmetics products in and all media including, without limitation, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and public signage.
This MAP policy covers all Grande Cosmetics resellers located in the United States and Canada. Although resellers remain free to establish their own resale prices, Grande Cosmetics will, without assuming any liability, unilaterally impose sanctions as described in this policy against resellers who advertise applicable Grande Cosmetics products at prices below those specified herein. Grande Cosmetics will not discuss any conditions of acceptance related to this MAP policy, as it is non¬negotiable, and will not be altered for any reseller. Grande Cosmetics neither solicits, nor will it accept, any assurance of compliance with this MAP policy. Nothing in this MAP policy or in any other contract or agreement with Grande Cosmetics shall constitute an agreement between Grande Cosmetics and reseller that the reseller will comply with this MAP policy. MAP applies only to minimum advertised prices and does not apply to the price at which the products are actually sold, or to advertised prices higher than the unilateral minimum resale prices established by Grande Cosmetics from time to time.
Minimum Advertised Price
The current listing of products and applicable MAP prices are published on the Grande Cosmetics website on the Price List page. The products and MAP may be changed from time to time at Grande Cosmetics' sole discretion. Grande Cosmetics resellers are responsible for remaining current with MAP policy, products and pricing.
Changes to the Terms
Grande Cosmetics, LLC reserves the right to modify these Terms from time to time at its sole discretion and without any notice. Changes to these Terms become effective on the date they are posted and your continued use of this website after any changes to Terms will signify your agreement to be bound by them.
All re-sellers will adhere to Grande Cosmetics' money back guarantee policy which states that a consumer has 90 days from the date of purchase to be able to retain a full refund for all Grande Cosmetics products. Grande Cosmetics will, in-turn, replace the product to the re-seller, which was returned from the consumer.
Grande Cosmetics reserves the right at any time to modify, suspend, or discontinue the MAP policy in whole or in part or designate promotional periods during which the terms of the policy change or designate periods of time during which the policy is not applicable. Policy modifications shall be made available on the Grande Cosmetics website at http://www.grandewholesale.com.
Grande Cosmetics is not seeking agreement from any reseller to adhere to this MAP policy. It is entirely within the discretion of the reseller whether to comply or not comply.
GRANDE COSMETICS' SALES PERSONNEL HAVE NO AUTHORITY TO MODIFY OR GRANT EXCEPTIONS TO THIS POLICY OR HAVE ANY COMMUNICATIONS WITH ANY RESELLER REGARDING VIOLATIONS OF THIS MAP POLICY.
All questions or comments regarding this MAP policy are to be directed to the policy administrator at email@example.com. The policy administrator shall be solely responsible for determining whether a violation of the policy has occurred, communicating decisions to resellers regarding the policy and receiving any communication regarding sanctions imposed under this policy.
Governing Law and Jurisdiction
By using this Website, you agree that Grande Cosmetics, LLC, at its sole discretion, may require that:
any and all disputes and causes of action related to or connected with these
individually, without resort to any form of class action, and exclusively by
final and binding arbitration under the Commercial Rules of the American
Arbitration Association (“AAA”) and held at the AAA regional office nearest the
Judgment upon such arbitration award may be entered in any court having
Under no circumstances will a claimant be permitted to obtain awards for
punitive, incidental or consequential damages, or any other damages, including
attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e.,
costs associated with purchasing a product). You hereby waive your right to
same, and also waive the right to have damages multiplied or increased.
(d) Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.