General Terms and Conditions of Sale
These General Terms and Conditions of Sale (these “Terms of Sale”) govern the sale of make-up, cosmetics and accessories under the brand “ISAMAYA” (the “Products”) by SH Beauty Inc. on behalf of Isamaya Ffrench (“Isamaya” or “we”) on the website isamaya.com (the “Site”). The Products shall only be purchased for personal use, and not for resale or other commercial purposes, by users who are at least 18 years old (“Customers” or “you”).
By placing an order for Products on the Site, you expressly accept the Website Policies (as defined below), and Isamaya’s acceptance of your order, and agreement to deliver the Products, is expressly conditioned on your acceptance of the Website Policies.
All orders are subject to written acceptance by Isamaya. Receipt and acceptance of an order, or rejection thereof, by Isamaya shall be confirmed by email sent to the email address indicated by the Customer when submitting the order. If the order is accepted, the email order confirmation will include a summary of the purchase (i.e., price of the Product(s), shipping costs, and address to which the Product(s) will be shipped) and an order number, which must be used in all future communications with Isamaya regarding such order. Once payment for the Product(s) has cleared and the order has shipped, you will receive a shipping confirmation e-mail, attaching an invoice showing the total price paid for the Product(s), inclusive of shipping costs and sales taxes. This information may also be accessed through the “Orders” section of your account.
Orders shall be filled in the order in which they are received by Isamaya, subject to availability, and Isamaya reserves the right to make partial shipments of an order.
Isamaya reserves the right, at any time for any reason, to cancel, refuse to process or refuse to accept an order, in whole or in part, even after an order confirmation has been sent to a Customer. Isamaya shall not be liable to the Customer or any other third party for refusing to process or accept an order after the Customer has received an order confirmation. In the event that Isamaya, for any reason, cannot fulfill, cancels or refuses to process an order that has already been accepted in writing by Isamaya, Isamaya shall notify the Customer in writing by email and refund the Customer any payment or portion thereof that Isamaya received for the applicable order or portion thereof. If only certain Products ordered by the Customer are unavailable, any Products forming part of the same order which are still available will be shipped and charged to the Customer.
The only Products offered for sale by Isamaya are those shown on the Site. Isamaya reserves the right to modify or discontinue any Product offered for sale on the Site without notice to the Customers at any time. Further, Customers acknowledge and agree that all images shown on the product pages or other pages of the Site are shown for information purposes only and may not be wholly representative of the Products and their features. Products may have slight variations, including, but not limited to, variations in color, from the images shown on the Site, as a result of the different devices used to view the Site or browser settings.
- Prices and Payment Methods
All prices indicated on the Site shall be in U.S. Dollars, and shall be exclusive of applicable sales taxes and shipping charges. All applicable sales taxes and shipping charges shall be added to the price at check-out, and the Customer shall have an opportunity to review all such charges prior to completing and submitting an order. The amount of sales tax and other charges shall depend on various factors, including, without limitation, the type of Product purchased, the price of the Product and the destination of the shipment. Sales tax regulations may change between the time you place an order and the time payment is cleared, which may affect the calculation of sales taxes. The amount appearing on the checkout page may differ from the sales taxes ultimately charged, as indicated in the invoice you will receive with the shipping confirmation e-mail.
We reserve the right to change the prices of any Products at any time without notice to you. Further, in the event that any items on the Site are mispriced, Isamaya shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price, regardless of whether the Customer has received an order confirmation or paid for the order. If the order is cancelled by Isamaya after payment has already been made, Isamaya will promptly refund the amount of the incorrect price to the Customer.
At checkout, the Customer may apply any coupons or other promotional codes offered by Isamaya. The system will automatically adjust the total order amount, deducting any discounts or allowances. Any coupons or promotional codes may only be used in accordance with the terms provided upon issuance of the coupon or promotional code. Only one promotional code can be used per order and promotional codes cannot be transferred to others or redeemed for cash or credit. In the event Products are purchased in whole or in part by applying a coupon or promotional code, and the Customer returns such Product(s) in accordance with our Return Policy, only the portion of the purchase price actually paid by the Customer will be refunded, and the Customer shall not be refunded the full price that he/she would have paid had the coupon or promotional code not been applied.
Isamaya ships to Customers located in all U.S. states and Puerto Rico. Shipping costs shall be entirely borne by the Customer in advance of shipment, provided however that standard ground shipping shall be included for orders over $50 if the shipment address is located in the 48 contiguous states and over $150 if the shipment address is located in Alaska, Hawaii or Puerto Rico.
Products shall be shipped to the address indicated by the Customer upon placing the order as soon as reasonably practicable after Isamaya’s receipt of payment in full for the order. Generally, Isamaya ships within 24 to 48 business hours of receipt of payment in full; provided, however, that the shipment and delivery dates set forth in any order, order confirmation or in these Terms of Sale are estimates only and such estimates shall not be deemed a representation by Isamaya. Isamaya shall not be liable for failure to ship or deliver the Products by the estimated delivery dates, and the Customer shall not be entitled to any refunds or cancellation of orders as a result of delayed shipment. Notwithstanding the foregoing, in the event that Isamaya is unable to ship an order within thirty (30) days of receipt of placing an order, the Customer will receive an email from Isamaya notifying the Customer of the delay in shipment. At such time, the Customer will have the option of cancelling the order for a full refund or consenting in writing to the delay.
Upon delivery of the Products to the applicable carrier, the risk of loss or damage shifts to the Customer. Delivery is deemed complete and title to the Products passes to the Customer upon acceptance of the shipment by a common carrier.
- Return Policy
Please review our Return Policy prior to completing your purchase.
- Limitation of Liability
ISAMAYA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ISAMAYA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS CONTAINED ON THE ORDER CONFIRMATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL ISAMAYA BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT ISAMAYA IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, ISAMAYA’S LIABILITY SHALL BE STRICTLY LIMITED TO THE PRICE OF THAT PRODUCT.
- Force Majeure
Isamaya shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, insurrections, riots, embargoes, fires, strikes, delays in transportation, epidemic, pandemic or other public health issue, inability to obtain supplies of raw materials or equipment used in the manufacture of the Products, failure of any party to perform any contract with Isamaya related to the production of the Products, blackouts or governmental laws, regulations, orders or actions.
- Customer Service
Isamaya’s customer service department is available for all inquiries regarding orders, deliveries, purchases, complaints, requests for information and, more generally, these Terms of Sale by writing to email@example.com.
- Website Policies
Isamaya reserves the right to amend any portion of the Website Policies at any time and without prior notice to you; as such, please make sure you review the current Website Policies prior to making a purchase on the Site. Any amendments or updates to any Website Policies shall be effective upon publication in their respective sections of the Site.
These Terms of Sale and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules. Any disputes hereunder shall be resolved in the courts of the State of New York, County of New York. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.
These Terms of Sale, together with the other Website Policies, shall constitute the entire agreement between you and Isamaya. The invalidity or unenforceability, in whole or in part, of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof or any other term of the remaining Website Policies. The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.
General Terms and Conditions of Use
Welcome to our website isamaya.com (the “Site”). These General Terms and Conditions of Use govern the access to and use of the Site. This Site is operated by SH Beauty Inc. having an address at 350 Fifth Avenue, 41st Floor, New York, NY 10118 on behalf of Isamaya Ffrench (“Isamaya” or “we”) . The words “user”, “you” and “your” in these General Terms and Conditions of Use refer to a user of the Site.
By accessing, browsing or using the Site and/or its services, you represent and warrant that you are at least eighteen (18) years of age.
By using the Site you represent that you have read, understood and agree to be bound by the Website Policies (as defined below). If you do not agree to the Website Policies, please do not access or use the Site. Isamaya reserves the right to modify and/or discontinue the Site, at any time, for any reason and without notice, and to terminate a user’s account should that user be in violation of any of the Website Policies.
All content included on the Site, such as works, images, button icons, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the “Content”), is the exclusive property of Isamaya, its affiliates, and/or its content suppliers, as applicable, and is protected by national and international copyright and other intellectual property laws. Except as expressly permitted in these General Terms and Conditions of Use, you may not copy, reproduce, publish, distribute, display, modify, adapt, translate, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Site or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic, without the prior express written consent of Isamaya, its affiliates, and/or its content suppliers, as the case may be, in each specific instance. You shall not use any keywords, metatags, meta-elements, hidden text or other equivalents using the name “Isamaya Beauty,” “Isamaya” or any other colorable equivalent without the prior express written consent of Isamaya. Isamaya, its affiliates, and its content suppliers have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Isamaya, its affiliates, and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Isamaya, its affiliates, or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
The viewing, printing or downloading of any Content from the Site grants you only a limited, revocable, nonexclusive and nontransferable license to (i) access and view the Site and Content, and (ii) copy, download and store the Content temporarily (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content, solely for your personal, non-commercial use and not for resale, republication, distribution, assignment, sublicense, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You agree that with respect to any copy or download of the Content, you will reproduce and include all copyright and/or other proprietary notices included in such Content. The licenses granted hereunder immediately terminate in the event of improper use of the Site and the Content.
Users acknowledge and agree that any and all misappropriation or misuse of the Content and/or any other information contained on the Site will cause irreparable harm to Isamaya and that in such event money damages will not constitute sufficient compensation to Isamaya. Consequently, in the event that you, directly or indirectly, misappropriate or misuse the Content and/or any other information contained on the Site, you specifically consent to Isamaya obtaining injunctive relief against you in addition to any other legal or financial remedies to which Isamaya may be entitled.
- Intellectual Property
ISAMAYA is a trademark licensed to SH Beauty. All other trademarks, logos, trade names, domain names and other distinctive signs, copyrights and patents used in connection with the Site (collectively, the “Intellectual Property”) are property of Isamaya or its affiliates, subsidiaries or suppliers. Isamaya and all other Intellectual Property owners have exclusive rights to use their respective Intellectual Property. You are not granted any rights in or to the Intellectual Property, and you agree not to use the Intellectual Property without the prior written authorization of Isamaya or the applicable Intellectual Property owners.
Isamaya vigorously enforces its intellectual property rights to the fullest extent permitted by law. Accordingly, Isamaya will prosecute any unauthorized use or reproduction of the Intellectual Property, any of the Content, databases used to store the Content and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
- Intellectual Property Infringement Complaints
If you believe that your intellectual property rights have been violated in any manner by the Site, please provide written notice of the same to firstname.lastname@example.org.
If notified of an allegation that the Site contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site.
- Digital Millennium Copyright Act
Notwithstanding anything to the contrary contained in Section 4, if you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Isamaya’s Copyright Agent designated below with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Isamaya’s designated Copyright Agent to receive DMCA notices is: Tarter Krinsky & Drogin LLP
If notified of an allegation that the Site contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site, consistent with applicable law.
For any information or notification send notice:
By mail to:
Attn: Giuliano Iannaccone, Isamaya DMCA Agent
c/o Tarter Krinsky & Drogin LLP, 1350 Broadway, 11th Floor, New York, NY 10018; or
By e-email to:
Subject: Attn: Isamaya DMCA Agent; or
By phone to:
- Links to Third-Party Websites
- Disclaimer of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY ISAMAYA ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER ISAMAYA NOR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, ISAMAYA DOES NOT REPRESENT OR WARRANT THAT THE SITE IS SECURE, THE SITE OR THE SERVER SUPPORTING THE SITE WILL BE VIRUS-FREE, THE INFORMATION ON THE SITE IS ERROR-FREE, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ISAMAYA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE OR ITS FUNCTIONING OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. ISAMAYA OR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ITS SERVERS, OR E-MAIL SENT FROM ISAMAYA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ISAMAYA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, OPPORTUNITY OR DATA, UNLESS OTHERWISE SPECIFIED IN WRITING. THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION (INCLUDING EXTRA-CONTRACTUAL LIABILITY). IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ISAMAYA’S PERFORMANCE UNDER THESE GENERAL TERMS AND CONDITIONS OF USE IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED HEREIN IS IN DEROGATION OF ISAMAYA’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE SITE OR INFORMATION PROVIDED TO OR GATHERED BY THE SITE OPERATORS WITH RESPECT TO SUCH USE.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT ISAMAYA IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH (I) THE WEBSITE POLICIES OR ANY OF THE FEATURES OR FUNCTIONALITIES OF THE SITE OR ITS CONTENT, OR YOUR USE OR INABILITY OF USE THEREOF, ISAMAYA’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR USE THEREOF OR ACCESS THERETO; OR (II) ANY PRODUCT SOLD THROUGH THE SITE, ISAMAYA’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.
CERTAIN STATES LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Amendments and Updates
Isamaya may amend, remove or update all or any part of the Website Policies at any time in its sole discretion. Any amendments or updates to the Website Policies shall be effective upon publication in their respective sections of the Site. Please access the respective sections of the Site regularly in order to check whether the Website Policies have been updated. Your continued use of the Site after the implementation of any changes will constitute your acceptance of such changes; provided, however, that Isamaya will not be obligated to inform you of any changes as they occur.
Last updated: 06/23/2022
- Contact us
All requests for information, complaints or inquiries regarding orders deliveries and purchases should be directed to:
- Website Policies
The Website Policies and their interpretation shall be governed by the laws of the State of New York, without regard to its conflicts of law rules. Any disputes hereunder shall be resolved in the courts of the State of New York, County of New York.
If any condition of any part of the Website Policies shall be deemed invalid, void or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any other provision hereof or any term of the remaining Website Policies. The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof. In the event that these General Terms and Conditions of Use have been provided in any other language, the English version shall be controlling for the Site. The Website Policies constitute the entire agreement between you and Isamaya with respect to your use of the Site and the Content, and supersede any and all prior understandings or agreements between you and Isamaya, whether written or oral. You acknowledge that, in providing you with access to and use of the Site and the Content, Isamaya has relied on your acceptance of these General Terms and Conditions of Use.
Last updated: 06/23/2022