www.ArcadianBeauty.com website is operated by Arcadian Spa, Inc. Placement of an order on ArcadianBeauty.com website, or any other action made to secure a transaction for the sale of goods from Arcadian Beauty, subjects Customer to the following Terms and Conditions. The Terms and Conditions are subject to change without prior notice. The Terms and Conditions posted on the site at the time Customer initially places or modifies an order will govern the order in question. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of sale or any purchase order or invoice related thereto.
These Terms and Conditions of sale constitute the entire agreement between Customer and Arcadian Beauty relating to the Terms and Conditions of sale of products on the website. The Terms and Conditions of sale are limited to those contained herein. Any additional or different terms in any forms delivered by Customer are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. Additional or different Terms and Conditions contained in any Customer issued purchase order will be null and void.
These Terms and Conditions and any sale of products or services hereunder will be governed by the laws of the state of Ohio, without regard to conflicts of laws rules. Any arbitration, enforcement of an arbitration or litigation will be brought exclusively in Cuyahoga County, Ohio, and Customer consents to the jurisdiction of the Federal and State courts located therein, submits to the jurisdiction thereof and waives the right to change venue. Customer further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions more than one (1) year after the cause of action has arisen.
Disclaimer of Warranty
Customer understands that ArcadianBeauty.com is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not ArcadianBeauty.com. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements or specifications in description, pictures or other illustrations representing the products that may be provided by Arcadian Beauty.
All products and nutrients are safe to be used according with the instructions and in the dosage recommended by their manufacturer. Customer understands that ArcadianBeauty.com is unable to evaluate Customer's health and skin conditions. It is Customer's responsibility to properly determine any product's compatibility with Customer's health and skin conditions. If in doubt, Customer is advised to contact a health care and/or skin care provider to make a final decision.
ArcadianBeauty.com disclaims all warranties including, but not limited to, express warranties and implied warranties of merchantability and fitness for a particular purpose. In some instances the product purchased may contain a manufacturer’s warranty. In such cases any repairs or replacements are to be decided and handled by the manufacturer solely as they see fit. Arcadian Beauty will not be liable for any such repairs, replacements, costs of replacements or the merchandise itself. Nor will ArcadianBeauty.com be responsible for any costs pertaining to the shipping and handling of any such merchandise. ArcadianBeauty.com’s sole responsibility in such cases where the manufacturer has provided a warranty will be to contact the manufacturer on Customer’s behalf. Once the manufacturer is notified, ArcadianBeauty.com is released of all other duties.
Limitation of Liability
ArcadianBeauty.com will not be liable for lost profits, loss of business or any consequential, special, indirect or punitive damages, even if ArcadianBeauty.com has been made aware of the possibility of such claims or damages, or for any claim by any third party against ArcadianBeauty.com or its Customer.
In all circumstances, ArcadianBeauty.com's maximum liability is limited to the purchase price of the products sold. ArcadianBeauty.com shall not, under any circumstances, be liable for damage to possessions or for any injury. ArcadianBeauty.com will not be liable, for any reason, upon any claim or action in contract, tort, indemnity, or contribution, or other claims relating to the products it sells which exceeds this liability limit.
Products are represented according to the descriptions and specifications provided by their manufacturer. Adjustments to product description can be made by ArcadianBeauty.com for reasons including, but not limited to, product modifications, errors in advertisements and other extenuating circumstances. ArcadianBeauty.com does not guaranty or provide warranty for any of the content displayed on this website. While it is ArcadianBeauty.com's goal to keep the information on the website as precise as possible, the website may be subject to technical and contextual falsities. This includes, but is not limited to, visual representation of products. The color presented on Customer’s computer screen may not be the true color of the product. Due to variations in monitors and color settings, what Customer sees will vary from one screen to another. Customer understands, that the packaging could have been changed by the product manufacturer without notice and a container received might look somewhat different from the one presented in the picture.
Customer, further, understands that all content on ArcadianBeauty.com web site is for informational purposes only and is not intended to substitute for the advice available from his or her own medical professional. The information contained herein should not be used as a medical diagnosis and should not be used as prescription for any medication. It is very important to read the information on every product package. If Customer has or suspects a medical problem, a prompt contact with the health care provider should be made.
Prices are subject to change. Adjustments to prices can be made by ArcadianBeauty.com for reasons including, but not limited to manufacturer price changes, changing market conditions, advertisement errors and other extenuating circumstances. Arcadian Beauty will not adjust price of any product or service purchased prior to price adjustment.
It is Customer's responsibility to claim any exemption from tax at the time of purchase and provide the necessary supporting documentation.
Orders are not binding upon ArcadianBeauty.com until accepted by ArcadianBeauty.com. ArcadianBeauty.com reserves the right to cancel any order for any reason. Any order is subject to product availability. Therefore, ArcadianBeauty.com cannot guarantee that it will be able to fulfill any order.
Customer consents to receiving electronic records pertaining to his order, which may be provided via a web browser or e-mail application connected to the Internet. Individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting ArcadianBeauty.com at customerservice@ArcadianBeauty.com.
Customer agrees to pay the total purchase price for the products plus sales tax, if applicable, and shipping charges including shipping charges that are billed to ArcadianBeauty.com as a result of using Customer's carrier account number. Terms of payment are within ArcadianBeauty.com sole discretion.
ArcadianBeauty.com will process any order received within 24 business hours after it was placed. Processing includes charging the credit card and verifying any information that may be incorrect. Weekends and holidays may extend this timeframe.
For items that are out of stock, you will be notified of your order status within 12 to 36 business hours (excluding weekends and holidays).
ArcadianBeauty.com will ship any order within three business days after it was processed. An e-mail with the tracking number will go out to the Customer upon the shipment of the order took place.
Free Shipping Offers apply only to products shipped within 48 contiguous United States. All orders totaling $49.00 or more before sales tax, but after any discounts, qualify for free shipping in the contiguous United States. Orders shipping to Alaska, Hawaii and Puerto Rico will ship at a flat rate of $15.95 via standard USPS delivery. All International orders weighing up to 4 (four) lbs will ship at a flat shipping rate of $24.95 via USPS International Delivery service. Shipping charges for any order weighing over 4 (four) lbs must be determined and agreed upon by both parties: the customer and the Arcadian Beauty. Flat rate shipping charges do not apply to make up mirrors shipped to any other than the 48 contiguous United States destination. Shipping charges for make up mirrors to Hawaii, Alaska, Puerto Rico and any International destination to be determined on order-by-order bases.
A variety of products may qualify for a Free Shipping Offer, regardless of the total on the order. Eligible for Free Shipping Offer product is identified as such on the web page from which it is purchased. Free Shipping Offer does not apply to any other product not identified as a subject to such offer. In the event products offered for a Free Shipping and products subject to regular shipping charges are purchased on the same order, the freight charge will appear on the invoice. It will reflect the shipping charge for the product subject to regular shipping charges only, while the product offered for Free Shipping will not incur any shipping charges.
Delivery time for USPS is 4 to 8 business days, depending on location and route conditions; however some customers may experience longer delivery time.
ArcadianBeauty.com will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
It is Customer's responsibility to provide Arcadian Beauty with deliverable shipping address. If an order is returned to ArcadianBeauty.com because of the shipping address provided by Customer was deemed "undeliverable" by a carrier, an additional shipping charge will be applied to ship the package to Customer again. If Customer does not want the package shipped out again, the original shipping charges will not be refunded. Any fees imposed by a carrier for corrections of an complete or wrong shipping address provided by Customer will entail the charge of $10.00 to the credit card provided. It is Customer's responsibility to make sure the correct billing and shipping addresses have been provided with the order placed.
An order may be cancelled only if it has not yet shipped. To cancel an order Customer must e-mail a request along with the order number to customerservice@ArcadianBeauty.com. A 5% cancellation fee will apply if the order needs to be cancelled the next business day after it was placed. Every attempt will be made to cancel an order upon each request. However, Arcadian Beauty cannot cancel an order once it has been shipped. Refusal of delivery will result in the following charges: original and return shipping fees and/or any restocking fees. These charges will be deducted from Customer's refund.
All returns must be authorized prior to shipment. All return requests are permitted within 15 (fifteen) calendar days from the date of receipt of merchandise. Any return must be shipped within 5 (five) business days from the day it was authorized. Due to the nature of this business ArcadianBeauty.com will not be able to authorize a return of any product that has previously been used. To obtain a return authorization ArcadianBeauty.com must be contacted via e-mail at returns@ArcadianBeauty.com. The reason for the return request must be specified. Returned merchandise will be inspected upon receipt and accepted by Arcadian Beauty ONLY if the products have not been used and received in resalable condition. Shipping and handling fees are not refundable. 15% Restocking Fee applies to all returns.
It is Customer's responsibility to read and evaluate the information provided before ordering. Arcadian Beauty relies on Customers' knowledge of their skin problems and/or allergies. If Customer is dissatisfied with the purchase due to irritation or allergic reaction, Arcadian Beauty will not be able to authorize a return and will not accept any open and/or used product. If Customer needs additional information, it is advisable to contact a skin care professional for personal recommendations. Sample sizes of some products are available for purchase.
All return items must be shipped prepaid and insured and contain the following information: return authorization number, packing list of items returned. Return Authorization Number must be written on the box and, also, enclosed with the product. All returns on orders placed under Free Shipping offers will incur shipping charge deduction. Tools, personal care items, nail polish, base and top coats, any open and/or used products are not returnable and not refundable.
If a product originally shipped under Free Shipping Offer is returned for preference, Customer is responsible for actual shipping charges incurred by ArcadianBeauty.com. Therefore, all credit for the returns on orders placed under Free Shipping offers will incur shipping charge deduction.
All Returns must be complete, including any applicable Free Gift. If the applicable Free Gift is not returned. a minimum charge of $15.00 or retail value of the gift will be deducted from Customer's refund.
For product damages, ArcadianBeauty.com must be contacted at customerservice@ArcadianBeauty.com within two (2) business days of receipt of shipment. If the package appears to have been damaged in transit, Customer must keep all packaging including packing materials, as well as any interior or exterior boxes. ArcadianBeauty.com will file a claim with the carrier. Damaged merchandise might have to be inspected by a carrier's representative or picked up by a carrier to be returned to ArcadianBeauty.com. Upon receiving the results of inspection or upon return or the damaged merchandise, the refund to Customer will be processed and it will include shipping costs.
Missing or Mislabeled Item(s)
All missing or mislabeled items must be reported to customerservice@ArcadianBeauty.com within three (2) business days of receipt of shipment. No instance of missing or mislabeled product will be investigated and ArcadianBeauty.com will not be able to ship any missing or replace any mislabeled product reported after this time.
Any product sold or distributed under these Terms and Conditions of sale may not be exported or re-exported to countries, entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
ArcadianBeauty.com has designed its online store to give you options concerning the privacy of your credit card information, name, address, e-mail and any other information you provide us. ArcadianBeauty.com is committed to data security with respect to information collected on our site. In addition to the industry standard security measures available through your browser called SSL encryption, ArcadianBeauty.com has made a practice to contact Customer in the event of potential problem with the purchase.
ArcadianBeauty.com strongly encourages Customers to use their billing address as a shipping destination to minimize risk of fraud, however unlikely a scenario it may seem.
For protection of our Customers, ArcadianBeauty.com might choose to ship to the verified billing address or authorized shipping address registered with Customer's credit card issuer. Authorized shipping address can be obtained upon contact of the credit card issuer by calling the toll-free number on the back of the credit card. Credit card issuer registers alternative (shipping) address upon Customer's authorization in addition to existing billing address for internet placed orders deliveries.
ArcadianBeauty.com is committed to provide up-to-date secure environment for online shoppers. www.ArcadianBeauty.com is registered with independent site identification authorities, such as Comodo, to confirm identity of the online store before any transmission is sent. Comodo Secure Certificate gives all parties the confidence that information is being sent securely and to the right place.
Information regarding any Customer (such as name, address and phone number) or the order and the products purchased will not be given or sold to any outside organization for its use in marketing or solicitation. The information provided by Customer will be kept confidential and used to support Customer's relationship with ArcadianBeauty.com. ArcadianBeauty.com wants to help Customers quickly find information on the website, make navigation more intuitive and be able to share the information with friends, relatives and neighbors.