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Last Updated: November 16, 2011
Welcome to APIVITA.COM/USA and thank you for shopping with us!
Below are the terms and conditions (“Terms and Conditions”) that apply to access and use of the content, services and transactional features of the website located at APIVITA.COM/USA , also known as APIVITA Online (the “Site”) by you, the user, and any institution or company on whose behalf you are using the Site (the foregoing, “you” or “user”). The Site is owned by “APIVITA S.A.”, established under the laws of Greece, and affiliated companies (“we”, “us” or “APIVITA”). This website is only for users and product purchases in the United States and Canada.
ACCURACY OF INFORMATION
When describing our products on the Site we attempt to be as accurate as possible; however, to the fullest extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free.
INTELLECTUAL PROPERTY - TRADEMARKS
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, product descriptions and software, and the compilation thereof (collectively, the "Content") is the property of APIVITA, its affiliates, partners or licensors.
The trademark APIVITA, the trademark PROPOLINE, the APIVITA logo, and all other brand, product and service names used in the Site (“Trademarks”) are the trademarks, trade names or service marks of APIVITA unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such Trademarks, or use any meta tags or any other "hidden text" utilizing any such Trademarks, without the express prior written permission of APIVITA or the owner of such Trademarks.
Except as set forth in the "limited licenses" in the section below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, redistributed, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to:
(i) frame or utilize framing techniques to enclose the Site or any portion thereof;
(ii) modify or download the Site or Content (except caching or as necessary to view the Site);
(iii) make any use of the Site or Content other than for personal use;
(iv) create any derivative work based upon either the Site or Content;
(v) collect account information for the benefit of yourself or another party;
(vi) use any meta tags or any other "hidden text" utilizing our name or the Trademarks or to otherwise use the Trademarks; or
(vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools on the Site or to obtain data from users of the Site, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site
(i) may link to, but not replicate, our Content;
(ii) may not imply that we are endorsing such website or its services or products;
(iii) may not misrepresent its relationship with us;
(iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages;
(v) may not portray APIVITA or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
(vi) may not use any Trademark; and
(vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
If an item is not available, it will be shown as out-of-stock on its product page. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. However, if an item that is available when you place your order is sold out at the time your order is processed, we will notify you by e-mail that your order will not be filled and your credit card will not be charged. If you have any further questions on out-of-stock items, please contact APIVITA via email at firstname.lastname@example.org.
All prices indicated for products available on the Site are inclusive of VAT (where applicable) at the current rates and are exclusive of shipping charges and any sales or use taxes that we may be required to collect by the jurisdictions where orders are taken or products are shipped to. The total cost of your order will include any such applicable taxes we may be required to collect.
We reserve the right to charge the product names, formulations and descriptions and to cease making or selling any product, in our sole discretion and without notice to you.
Reference to any product or service on the Site does not constitute an offer to sell or supply that product or service and does not mean that the description of any product in your local shop will be the same as that APIVITA product included on the Site. We in no way imply that the materials or products on our Site are appropriate or available for use outside of the United States.
CREATING AN ACCOUNT
If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. We also reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide that it would be in APIVITA’s best interest to do so.
As a Registered Member you will receive exclusive benefits only available when you shop online such as: (i) Exclusive Offers reserved just for our registered members;
(ii) Favourites’ List containing all your favourite APIVITA products, which we shall keep on file for future visits and convenient shopping;
(iii) Notification by email on APIVITA’s news;
(iv) Fast Checkout entailing the storage of your billing and shipping information for future orders; and
(v) Order History which enables you to check your previous orders’ information and status as well as to re-order from previous purchases. In order to view your order history you need to sign into My Account and select Order History from the left hand selection bar.
You may at any point in time unsubscribe from any of the services provided to you or receiving emails from us by editing your profile under My Account or simply by clinking the unsubscribe link at the bottom of an email we have sent you.
Product prices are listed on the Site and are subject to change. All order information is encrypted (using SSL encryption technology or such future security means as we determine is desirable to protect the information) in order to protect credit card information submitted during the checkout process. For security purposes, your billing name and address must match the credit card information used for payment. If your credit card is declined your order cannot be processed and you will see an automatic message on your screen. You are responsible for any payments due for any products or services ordered through your account or using your credit card. If we do not receive payment from your credit issuer or its agents, you agree to pay upon demand all amounts due to us. You will also be responsible for any costs of collection of overdue payment. Please notify us and your credit card issuing bank or institution immediately after detecting or suspecting any unauthorized use of your credit card or personal information that may have occurred through the Site.
From time to time, we will reward our customers with special promotional offers via email. These offers are available for a limited time only and expire on the date communicated. To redeem promotion codes, simply enter your promotion code in the text box marked “Promotion Code” or similar language on the Billing page during the Checkout process. When a promotion code is accepted, it will be displayed on the Order Review page. Please note however that promotion codes are case sensitive and should be entered exactly as they appear. Only one promotion code may be used per online order. We reserve the right to suspend or terminate promotional offers at any time without notice.
You may also wish to return an item purchased through APIVITA.COM/USA within 14 days from the shipping date. In this case you will be reimbursed in the same way as you paid for your order but you will pay for all return shipping costs related to your order. We're sorry, your original shipping fees and return shipping fees are not refundable.Any products for return shall be shipped to the following address SYSTEM Beauty, 731 Eight Twenty Blvd, Suite 100, Fort Worth, TX 76106 USA or such other address as we later note on the website, provided that the items returned are in their initial packaging, undamaged and not used. For your protection and to ensure prompt delivery, we recommend that you send your return via FedEx or insured Parcel Post.
When your order arrives, please inspect the carton for any damage that may have occurred during shipment. It is normal for the shipping carton to show some wear, however, if damage occurred to the item(s) in your shipment, please contact us within 3 business days at email@example.com or call 817-916-4410 or 877-761-5855 (toll free). Please provide the order number along with your email address and phone number for fastest service. To assure prompt resolution, please keep the box, packing materials and the damaged items for inspection by the carrier and return to us if requested. Items will be considered in good condition and sales final if not notified within the period noted above.
We do not wish to receive any confidential, secret or proprietary information or other material from you either through the Site, any of its services, any blogs, by e-mail, or in any other way. Unless otherwise expressly agreed by us in writing prior to your submission to us, any comments, feedback, information, content, suggestions for new products or improvements to products or other material submitted or sent to us by you in any medium or format or through the use of your accounts with us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information or other material submitted shall be and remain property of APIVITA and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted information and materials have been waived to the fullest extent permitted by applicable law.
DISCLAIMER OF WARRANTIES AND LIABILITY
The Site, and any Content available on the Site, are provided on an "AS-IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, APIVITA disclaims all warranties, express or implied or statutory, with respect to the Site, the Content and the Products sold through the Site, including but not limited to all warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising from course of dealing or usage of trade. You expressly agree that use of the Site and the products is at your sole risk and you assume full responsibility for all results from your selection of products and such use, and for any action you take in reliance on content on the Site. Neither we nor any of our affiliates and business partners represent or warrant that the use of the Site will be uninterrupted or error-free, that defects, if any, will be corrected, or that the Site is free of viruses or other harmful components; nor do we or they make any representations or warranties about the accuracy, reliability, currency, quality, performance or suitability of the Site or any content available on the Site. In the event of any problem with the Site or any content, you agree that your sole remedy is to cease using the Site.
All products and services listed or purchased on or through the Site are subject only to any applicable express written warranties that may appear on the Site or that may come with the product shipped to you. To the fullest extent permissible by applicable law, we disclaim all other warranties of any kind, either express or implied or statutory, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, with respect to products and services listed or purchased on or through the Site and with respect to the results to be achieved as a result of using such products or services. To the fullest extent permissible by applicable law, we disclaim any and all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, product mishandling, non-compliance with any codes, or misapplication. In some jurisdictions, some warranties may not be excluded and you may be entitled to them under applicable law.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, the sole remedy for any claim for damages arising out of or related to any product or service listed or purchased on or through the Site shall be limited to a refund of the purchase price paid for such product or service. Under no circumstances shall we or any of our business partners, or any of our or their respective affiliates, officers, directors, shareholders, employees, agents or representatives, or any other party involved in creating, producing, transmitting or distributing the Site or any product sold through the Site, or any part thereof, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages arising from or in connection with the Site or any content, products or services made available or listed on it, whether under a theory of breach of contract, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages. In some jurisdictions, it may not be possible to disclaim all of the above damages and you may be entitled to them based on applicable law.
In any event you agree that our maximum liability to you or anyone claiming on your behalf or as a result of any transaction, interaction with or Content on the Site, under any and all theories of liability or causes of action, for any direct damages or any of the foregoing types of damages, including consequential, incidental or indirect damages, shall be limited to three times the amount that we receive for the transaction that gave rise to the claim or, if that is not permitted by law or if the claim is not related to a purchase transaction, to an amount not to exceed US$500, as applicable.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or any of the products sold on the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
For any reason and at any time you may contact APIVITA S.A, through our web administrator System Beauty, by telephone on 817-916-4410 or 877-761-5855 (toll free) or e-mail firstname.lastname@example.org or by post at 731 Eight Twenty Blvd, Suite 100, Fort Worth, TX 76106 USA or such other address, phone number or email as we may later specify.
THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS
You may initiate a dispute with us or our affiliates by filing a dispute notice with us at email@example.com, specifying with as much detail as possible the nature of your dispute, what you request as resolution and submitting any documentation that you feel would be useful for us to review the dispute. Filing of a dispute notice does not guarantee that the dispute will be resolved and does not limit your right to request an arbitration. If we cannot resolve the dispute within 30 days of your notice, you and us agree that any claim by you against us or our affiliates or partners or by us or our affiliates against you relating to the Site or any product or services obtained through the Site shall be subject exclusively to binding arbitration in accordance with the Rules of the American Arbitration Association (AAA), including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration will take place in the county or municipality where you have your permanent residence or where you are otherwise subject to personal jurisdiction, or such other place where we both mutually agree. You may also choose to have the arbitration conducted by telephone, based on written submissions.
You agree that you or anyone on your behalf will bring any claims against us or our affiliates in your or their individual capacity and not as plaintiff or class member in any purported class or representative proceeding. We agree that in any arbitration, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
We agree not to seek our attorneys’ fees from you in any arbitration that you bring against us in accordance with the foregoing unless the arbitrator determines that your claims are frivolous.
Either you or us may seek emergency injunctive relief in any court of competent jurisdiction. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial with respect to matters relating to the Site or APIVITA products, and all remedies will be available in any such court proceeding. We also both agree that you or we may bring suit in court to enjoin or seek damages for infringement or other misuse of intellectual property rights.
Except as noted above, all remedies provided for in this Agreement are non-exclusive.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to sales through the Site.
AMENDMENT OF THE TERMS
We reserve the right to change these Terms and Conditions at any time on our discretion by posting the changes on the Site. Any such amendment shall be effective once the revised terms have been posted on the Site. Your continued use of the Site after the Terms and Conditions have been changed constitutes your agreement to all such modified terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We encourage you to visit this section of our Site regularly in order for you to remain informed of any changes.