Terms & Conditions

Last updated: March 01, 2023

Introduction

Welcome to Cappuvini® Lip Gloss, Lip Glaze, Lip Oil, Mascara!

These Terms and Conditions (“Terms”) govern your access to and use of our website located at cappuvini.shop (the “Site”) and our online store services (the “Services”), provided by Cappuvini Beauty LLC (“Cappuvini”, “we”, “our” or “us”).

Please read these Terms carefully before accessing or using our Site or Services. By accessing or using any part of the Site or Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Site or Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features, tools, or resources which are added shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site or Services following the posting of any changes constitutes acceptance of those changes.

Section 1 – Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site or Services.

You may not use our products or Services for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.

Placing Orders

We welcome you to place orders for our products on the Site. In doing so, you agree to provide accurate and complete information about yourself. You are solely responsible for any order placed on the Site under your account.

Once you submit an order, it constitutes a binding agreement between you and Cappuvini and you are required to pay for the order in full. For any order, we will send you a confirmation email with your order details and tracking information once it has shipped.

Pricing and Payments

All prices listed on the Site are quoted in U.S. dollars. We reserve the right to change prices at any time without notice. In case of a pricing error on an item that you have ordered, we will notify you and await your approval of the corrected price before continuing to process your order.

You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when such charges are incurred. We accept the following payment methods:

Credit/Debit Card Payments: Visa, MasterCard, American Express, Discover
PayPal: Instant checkout using your PayPal account

Shipping and Delivery

We will make every effort to deliver your order according to the shipping details provided at checkout. Please note that delivery times mentioned on the Site are estimates only.

Shipping and handling charges will be calculated at checkout based on weight, dimensions and your selected shipping method. Any relevant taxes and duties may also be applied at checkout. You agree to pay all shipping and handling charges specified during the checkout process.

Title and risk of loss pass to you upon our transfer of the products to the carrier. We are not liable for delayed shipments or non-delivery if caused by factors outside of our control.

Returns and Refunds

If you are not completely satisfied with your purchase, you may return it to us within 30 days of receipt for a full refund of the purchase price. Please note that custom or personalized orders are non-refundable.

To be eligible for a return, you must contact us at [email protected] to obtain a Return Merchandise Authorization (RMA) number before shipping your product back to us. Your returned item(s) must also be unused and in the original packaging.

You will be responsible for paying your own shipping costs for returning the item back to us. We recommend using a trackable shipping service or purchasing shipping insurance to cover the full value of your return in case it is lost or damaged in transit.

Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you of the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your original method of payment within 5-7 business days of confirming receipt of your return. You will receive the credit within a certain amount of days, depending on your card issuer’s policies.

Product Warranties and Disclaimers

Cappuvini® Lip Gloss, Lip Glaze, Lip Oil, Mascara takes great pride in all of our products and makes every effort to ensure they are of the highest quality. However, manufacturing defects can occasionally occur.

If you discover your item is faulty or damaged when you receive it, please contact us immediately at [email protected] so we can evaluate if a replacement item or refund is warranted. Pictures of the damage or defect will be helpful in processing your claim.

Beyond this warranty, Cappuvini cannot guarantee that any portion of this Site or Services will be free of errors, bugs, or glitches. We hope that you enjoy our products as intended but there are no warranties beyond what is expressly written here.

YOUR USE OF THIS SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAPPUVINI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, CONTENT AND SERVICES.

CAPPUVINI MAKES NO WARRANTY THAT (I) THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS.

Section 2 – Acceptable Use Policy

By using the Site or Services, you agree not to:

Harass, abuse, harm, stalk, threaten, defame, or otherwise violate the legal rights of others in any way;
Violate any applicable law or regulation, including without limitation any laws regarding the export of data or software;
Use the Site or Services for any unlawful purposes or for promotion of dangerous and illegal activities;
Advocate bigotry or hatred against any person or group of people based on their race, religion, gender, sexual orientation, age, nationality, physical ability or any other legally protected criteria;
Post, upload or distribute any obscene, offensive, sexually explicit or vulgar content;
Impersonate any person or entity, or provide any false information on the Site or Services;
Falsely state or misrepresent your affiliation with any person or entity in connection with the Site or Services;
Distribute spam, chain letters, or pyramid schemes;
Download any file posted by another user that you know to be illegal;
Post or distribute any content that may infringe the intellectual property or other rights of third parties;
Post or distribute any malicious code, files or programs designed to interrupt, damage or limit the functionality of the Site or Services;
Obtain unauthorized access to the Site or Services or any account, computer system, or network connected to the Site or Services;
Interfere with or disrupt the Site or Services or any servers or networks connected to the Site or Services;
Use any high volume automatic means to access the Site or Services; or
Impose an unreasonable load on the Site or Services infrastructure.

We have the right to remove any content from the Site or Services at our sole discretion if we deem it violates these acceptable use terms. We reserve the right to block users from accessing or posting content on the Site or Services without notice for violations of these Terms.

Section 3 – User Content

We may provide you with interactive features on our Site or Services that allow you to upload, post, share, display, transmit or otherwise distribute content, information or materials on or through the Site or Services (“User Content”). User Content includes any content posted by you or other users on the Site or Services, including but not limited to product reviews, forum posts, images, videos, comments or suggestions.

You retain any copyright and other intellectual property rights you hold in the User Content that you post to the Site or through the Services. However, by submitting or posting User Content, you grant Cappuvini a worldwide, perpetual, irrevocable, non-exclusive, royalty-free and fully sublicensable license to use, copy, store, archive, syndicate, publish, exhibit, publicly perform, reformat, translate, transmit, excerpt and distribute your User Content on the Site or Services in any form, media or technology now known or later developed for any purpose.

You are solely responsible for all the User Content that you submit, post or upload. You represent and warrant that: (i) you own or have all necessary rights to the User Content you provide and have obtained all consents required under all applicable laws; (ii) our use of your User Content as described in these Terms will not violate any agreement or the rights of any third party; and (iii) your User Content does not violate these Terms or any applicable policy posted on the Site or Services.

We do not endorse or assume any liability for any User Content submitted by users. However, we reserve the right to remove any User Content from the Site or Services at our sole discretion if we deem it offensive, inappropriate, abusive or unlawful.

Section 4 – Our Intellectual Property Rights

The Site, Services and all of their content including but not limited to text, graphics, logos, icons, images, clips, downloads and compilations, are the property of Cappuvini and protected by applicable intellectual property laws. All trademarks, service marks, trade names, logos, domain names and other distinctive brand features of Cappuvini are proprietary to us. Any other trademarks appearing on the Site or Services are the property of their respective owners.

Our trademarks and trade dress may not be used in any manner without our express written consent. You agree not to display or use our trademarks and logos in any manner without our permission.

Section 5 – Third Party Links and Content

The Site and Services may contain links to third party websites, apps, products or services that are not owned or operated by Cappuvini. We provide these links merely as a convenience and their inclusion does not imply endorsement by or association with Cappuvini.

You acknowledge sole responsibility for and assume all risk arising from your access to or use of any third party sites, apps, products or services. We strongly advise you to read the terms and conditions and privacy policies of any third party site that you may access from our Site or Services.

Cappuvini has no control over third party sites, apps, products or services and accepts no responsibility or liability for any content, material or information contained in them. Accessing any third party site, app, product or service is done entirely at your own risk.

Section 6 – Indemnification

You agree to fully indemnify, defend and hold harmless Cappuvini and our officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all claims, actions, suits, damages, liabilities and expenses arising out of or relating to:

Your access to or use of the Site or Services;
Any User Content you post, upload or transmit on the Site or Services;
Your violation of any of these Terms or any applicable laws or rights of third parties;
Any products or services purchased or obtained by you in connection with the Site or Services;
Any third party sites, apps, products or services you access or use through the Site or Services; and
Your violation of any applicable laws, rules or regulations or the rights of any third party relating to your access to or use of the Site or Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent. This indemnification is in addition to, and not in lieu of, any other indemnities set forth in any written agreement between you and Cappuvini.

Section 7 – Disclaimers

YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

CAPPUVINI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

CAPPUVINI DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAPPUVINI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

THE INFORMATION ON THE SITE AND SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CAPPUVINI MAY MAKE CHANGES OR IMPROVEMENTS TO THE PRODUCTS, SERVICES, SITE AND PRICING AT ANY TIME WITHOUT NOTICE.

Section 8 – Limitation of Liability

IN NO EVENT SHALL CAPPUVINI OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES.

IN NO EVENT SHALL OUR LIABILITY FOR ANY CLAIM RELATED TO OR ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE OR SERVICES EXCEED THE AMOUNTS PAID BY YOU TO CAPPUVINI FOR USE OF THE SITE OR SERVICES, IF ANY, IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM AROSE.

THIS LIMITATION OF LIABILITY IS A MATERIAL PART OF THIS AGREEMENT AND SHALL BE VALID AND BINDING ON YOU EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Section 9 – Termination

We may terminate your access to the Site or Services, without cause or notice, which may result in the forfeiture of information and content associated with your account. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Section 10 – Changes to Terms

We reserve the right to modify these Terms from time to time at our sole discretion. All changes will be communicated by posting of an updated version of the Terms on the Site. You should check this page periodically for any changes. Your continued use of the Site or Services following the posting of changes constitutes your acceptance of those changes.

Section 11 – General Provisions

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Tennessee, United States, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising out of or relating to these Terms or your access to or use of the Site or Services will be resolved through confidential binding arbitration held in Nashville, Tennessee. Arbitration proceedings shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

Assignment

You may not assign or transfer these Terms or your obligations hereunder without our express written consent. We reserve the right to freely assign these Terms and our rights and obligations under these Terms without notice.

Entire Agreement

These Terms constitute the entire agreement between you and Cappuvini with respect to your access to and use of the Site and Services and supersede any prior or contemporaneous agreements. No printed or electronic representation, warranty or course of dealing by our employees or agents has any authority to modify, amend or waive any provision of these Terms.

Waiver and Severability

No waiver by either party of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary to make the remaining provisions of the Terms valid, legal and enforceable to the fullest extent permissible.

Contact Us

If you have any questions about the Terms, please contact us at:

Cappuvini Beauty LLC
123 Beauty Lane
Nashville, TN 37217

Email: [email protected]