Terms & conditions
Welcome to the Internet web site of Quon’s Eyes. We are delighted that you are visiting!
We hope you enjoy your browsing and shopping experience with us.
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By accessing and using our website or purchasing any of our products available from our website, you agree, without limitation or qualification, to be bound by these terms and conditions and policies, which are displayed. If you do not agree with any of these Terms, you may not access or use our website.
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These Terms and Conditions are the official terms of use for the Quon’s Eyes website at www.quonseyes.com (“Quon’s Eyes Website”), and on Quon’s Eyes social media pages, on Instagram, Facebook and Twitter) (“Quon’s Eyes Applications”), (collectively, the “Sites”). The content and services available on the Sites are provided to you by E.M.P. LIVE, LLC D.B.A. Quon’s Eyes. By using the Sites, you are subject to the following terms and conditions. Please also review our Shipping & Returns Policy and the other policies you may find throughout our Sites.
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By accessing or using the Sites, you are acknowledging that you have read, understand, and agree to be bound by these guidelines, polices and Terms and Conditions, on the Sites.
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Quon’s Eyes reserves the right to update or modify these Terms and Conditions at any time. When changes are made, we will make the revised version available on this web
page.
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USING OR ACCESSING OUR SITE MEANS YOU AGREE TO THE TERMS BELOW
Disclaimer
QUON’S EYES IS PROVIDING THE SITES AND CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, OR CONTENT INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, QUON’S EYES DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, QUON’S EYES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. QUON’S EYES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES.
Limitation of Liability
EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITES IS TO DISCONTINUE YOUR USE OF THE SITES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THE COST OF THE PRODUCT AT ISSUE.
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WE, OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
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WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
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IN NO EVENT WILL THE WEBSITE OWNER, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Binding Contract
These Terms and Conditions form a legally binding contract between you and us. By using our Sites, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms and Conditions, and to abide and comply with these Terms and Conditions.
Intellectual Property
Everything on or used in connection with our Sites, including but not limited to the Quon’s Eyes name and logo, product names, images and descriptions, content is the intellectual property of Quon’s Eyes. Any other use of the materials on the Sites - including reproduction, modification, distribution, republishing, transmission, display or performance - is strictly prohibited.
Inaccuracy Disclaimer
From time to time there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
The content on the Site is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Sites. Accordingly, any information on the Sites is provided “as is” without any warranty or conditions of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. Quon’s Eyes assumes no responsibility for any errors or omissions in the content of the Sites.
Proper Use of the Sites
You agree that you will use the Sites in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may subject you to legal consequences.
You may not use the Sites in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking or any other means.
Third Party
We may from time to time provide links to other websites or applications (collectively, "Third Party Websites") Quon’s Eyes does not monitor, approve or have any control over any content located on Third Party Websites. The inclusion of any links to Third Party Websites does not imply any association or relationship between Quon’s Eyes and the Third Party Website, and Quon’s Eyes does not guarantee, endorse or adopt the accuracy or completeness of content on any Third Party Website. Quon’s Eyes is not responsible for updating or reviewing content on Third Party Websites. You use Third Party Websites at your own risk. Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. If you use any of these links, you will leave the Sites.
Quon’s Eyes Communication to You
By signing up for our newsletters, you agree that Quon’s Eyes may send electronic mail to you for the purpose of advising you of changes or additions to the Sites, about any of our products or services or for such other purpose(s) as we deem appropriate. You may unsubscribe at any time.
Use of Products and Services
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The products and services available on the Sites, including any samples Quon’s Eyes may provide to you, are for personal use only. All material and information presented by Quon’s Eyes is intended to be used for personal informational purposes only. The statements made about our products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. Products and Statements are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines.
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Use of the Sites is not meant to serve as a substitute for professional medical advice. The Site is solely an online store for specialty beauty products and beauty blog. Please consult with your own dermatologist, physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Quon’s Eyes does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professionals or medical resources.
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You may not sell or resell any of the products you purchase or otherwise receive from Quon’s Eyes. Quon’s Eyes reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where Quon’s Eyes, in its sole discretion, believes may result in the violation of these Terms and Conditions.
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Our Products
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We sell eyelashes that are made from mink, fox, or sable fur, or a combination of mink and fox fur. We also sell synthetic eyelashes. The material used to make each available eyelash style is listed within the online product description. Consult with your physician, dermatologist, or allergist to determine if you should wear Quon’s Eyes eyelashes or use our magnetic eyeliner.
Color Information
While we work to accurately display the colors of products, the actual colors you see will depend on the device you are using to view the product and may not be accurate.
Special Offers
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Any special offers available on the Sites are subject to the particular terms and conditions, including time limitations of such offers. Unless otherwise specified, you may use only one special offer in connection with any transaction. Special offers do not have any cash value independent of the transaction contemplated by such offer. Special offers are void where prohibited by the laws.
Mobile Services
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If you access the Sites via mobile phone, we do not charge for this access. Please be aware of your carrier's normal rates and fees, such as text messaging fees or data charges that will still apply.
Indemnification
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You agree to defend, indemnify and hold harmless Quon’s Eyes (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your violation of any term of these Terms and Conditions; (b) a breach of these Terms and Conditions; (c) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (d) any claim that any content that you submitted to the Sites caused damage to a third party. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Sites.
Governing Law and Jurisdiction
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These Terms and Conditions and all questions relating to the performance, interpretation, breach or enforcement of these Terms and Conditions, or the rights, obligations and liabilities of you and us under them are governed by the laws of the State of Maryland.
Arbitration / No Class Actions
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You agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Sites will be decided by binding arbitration. ARBITRATION MEANS THAT YOU
WILL NOT HAVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS. Rights to the prehearing exchange of information and other discovery, as well as appeal rights, may be more limited than were you to sue in court. All disputes between you and Quon’s Eyes of any kind or nature arising out of your use or enjoyment of the Sites, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the State of Maryland, before one arbitrator to be mutually agreed upon by both parties and selected pursuant to the JAMS rules. It is further agreed that any disputes as to whether the scope of this arbitration provisions covers the claim will be submitted to the arbitrator, and not a court, for decision. The parties agree to share equally in the arbitration costs incurred.
ANY ARBITRATION SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. It is expressly understood and agreed that you are waiving any right you have to sue on behalf of a class or in a representative capacity for other persons. This means:
Neither you nor Quon’s Eyes can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Quon’s Eyes customers, and cannot be used to decide other disputes with other customers.
Fraud Protection Program
Quon’s Eyes reserves the right to refuse to process an order or refund due to suspected fraud or unauthorized or illegal activity. If such is the case, Quon’s Eyes may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to refuse to ship to certain addresses, or withhold refunds or concessions due to suspected fraud or unauthorized or illegal activity. Quon’s Eyes takes these measures to protect our customers as well as our company from fraud or other unauthorized or illegal activity.
No Waiver
The failure of Quon’s Eyes to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term. Further, it shall not impact Quon’s Eyes ability to enforce any other provision in these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Sites or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then such provision will be deemed severable from this Agreement. The validity and enforceability of any remaining provisions shall not be affected.