Terms of Use
Overview
This website is powered by SELANO. Throughout the site, the terms,
"We", "us" and "our" refer to SELANO.
SELANO offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you are engaging in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms"), including those additional terms and policies referenced herein and/or available via hyper- link These terms of service apply to all users of the website, including without limitation users who are browsers, suppliers, customers, merchants and/or contributors of content.
Please read these terms of use carefully before accessing or using our site. By accessing or using any part of the Site, you agree to these Terms of Service. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR USE ANY SERVICES. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site after any changes are posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online commerce platform through which we can sell our products and services to you.
Part 1 - Online Store Terms and Conditions
By agreeing to these terms and conditions, you represent that you are at least of legal age in your state or county of residence, or that you are of legal age in your state or county of residence and have given us your consent to contact your minor relatives to use this site.
You may not use our Products for any illegal or unauthorized purpose, and you may not, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit worms or viruses or any other code of a destructive nature. Violation or breach of any of the Terms will result in immediate termination of your Services.
Section 2 - General conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transmitted unencrypted and include (a) broadcasts on various networks; and (b) changes to accommodate and adapt to the technical requirements of connecting networks or devices. The credit card details are always encrypted during transmission on the networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.
Section 3 - Accuracy, completeness and currency of the information
We are not responsible if the information available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is not necessarily current and is provided for reference purposes only. We reserve the right to change the content of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Changes in service and prices
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We will not be liable to you or any third party for any change, price change, suspension or discontinuance of the Service.
Section 5 - Products or services (if applicable)
Certain products or services may only be available online through the Site. These products or services may have limited quantities and are subject to return or exchange only in accordance with our returns policy.
We have made every effort to present as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but have no obligation, to limit the sales of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account, same credit card and/or orders using the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided when you placed the order. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and billing information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Please see our returns policy for more details.
Section 7 - Optional tools
We may provide you with access to third-party tools over which we have no oversight or control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising out of or related to your use of optional third-party tools.
Any use by you of optional tools offered through the site is at your sole risk and discretion and you must ensure that you are familiar with and approve the terms under which the tools are provided by the relevant third party provider(s).
We may also, in the future, offer new services and/or features through the site (including the release of new tools and resources). Such new features and/or services will also be subject to these terms and conditions.
Section 8 - Third Party Links
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for checking or evaluating the content or accuracy and we do not undertake and shall have no responsibility or liability for any third party materials or websites, or for any other materials, products or services of third parties.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third party websites. Please review the third party's policies and procedures carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.
Section 9 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise. (collectively, "Comments"), you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate, and otherwise use any Comments you submit to us. We are not and will not be obligated (1) to keep any comments confidential; (2) pay compensation for comments; or (3) respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates the Terms of Service or the intellectual property of each side.
You agree that your comments will not infringe any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain offensive or illegal material, offensive or obscene, or contain any computer virus or other malicious software that may in any way affect the operation of the Service or any related site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Section 10 - Personal information
The provision of your personal information through the store is subject to our privacy policy. See our privacy policy.
Section 11 - Errors, inaccuracies and omissions
Sometimes there may be information on our website or service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without prior notice (including after your order has been submitted).
We do not undertake to update, correct or clarify information on the Service or any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date on the Service or any related website shall be taken to indicate that all information on the Service or any related website has been changed or updated.
Section 12 - Prohibited uses
In addition to other prohibitions as detailed in the terms of service, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) induce others to commit or participate in any illegal act; (c) violate any international, federal, provincial or state regulations, laws, rules or local regulations; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, defame, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) provide false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will affect or may affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track personal information of others; (i) spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for obscene or immoral purposes; or (k) interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related site for violating any of the Prohibited Uses.
Section 13 - Waiver of liability; Limitation of Liability
All Selano products are intended for personal use only. By purchasing and using our products, customers acknowledge and agree that they use the products at their own risk and are solely responsible for any consequences that may arise from their use of our products.
SELANO is not responsible for any injuries, illnesses, damages or other losses that may arise from the use of our products. We do not warrant that our products are suitable for your intended use, and we encourage customers to read and follow all instructions and warnings provided with each product and all resources posted on our site.
By purchasing and using our products, customers acknowledge and agree that they assume all risks associated with their use. Customers agree to release Miserl from any liability that may arise from such use.
We do not warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the Service for unlimited periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of the Service, or inability to use it, is at your sole risk. The Service and all products and services provided to you through the Service are (except as expressly provided by us) provided 'as is' and 'as available' for your use, without any representation, warranty or condition of any kind, either express or implied, including all warranties or THE IMPLIED TERMS OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
Absolutely not
SELANO, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTEGRATORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. of any kind, including, but not limited to, loss of profit, loss of income, loss of savings, loss of data, replacement costs or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or any product obtained through the service, or any other claim relating in any way to your use of the service or any product, including but not limited to any errors or omissions in the content, or any loss or damage of any kind caused by the use of the service or any content (or product) posted, transmitted or otherwise made available through the Service, even if you have been notified of the possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless
SELANO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any party any third party as a result of or arising out of your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or rights of a third party.
Section 15 - Shipping, Disputes, Claims, Refunds
Shipping times may vary and orders may take up to 30 business days to arrive due to rare cases - holidays and unexpected natural and political events. By making a purchase on selano-il.com, you agree not to file a chargeback or dispute for any reason within 30 business days of making the purchase.
You agree to email us at info@selano-il.com to resolve payment issues with us. You agree to wait 30 business days before contacting your bank, payment processor or payment gateway to file a chargeback or dispute.
You agree to be responsible for damages and business losses arising from any chargebacks or disputes filed by you within 30 business days of purchase. You also agree to appear in small court and be liable for our attorneys' fees.
If your order or products do not arrive and you have proof that you reached us via e-mail as mentioned above and we did not return your call or assist you within 30 business days of purchase, you may file a dispute or chargeback without liability.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These terms and conditions are effective unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our Site.
If in our sole discretion you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due. including termination; and/or accordingly, we may deny you access to our Services (or any part thereof).
Section 17 - the entire agreement
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules published by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and supersede any prior or contemporaneous agreements, communications. Proposals, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service).
Any ambiguity in the interpretation of these terms of service shall not be construed against the drafting party.
Section 18 - Applicable law
These Terms of Service and any separate agreements pursuant to which we provide you Services shall be governed by and construed in accordance with the laws of 304 S. Jones Blvd Las Vegas Nevada US 89107.
Section 19 - Changes to the terms of service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our Site or Service after any changes to these Terms of Use are posted constitutes acceptance of those changes.
Mobile SMS/MMS Marketing Program Terms and Conditions
SELANO (hereinafter, "we", "us", "our") offers a mobile messaging program (the "Program"), which you will use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://selano-il.com/pages /privacy-policy (the "Agreement"). By enrolling in or participating in any of our Programs, you accept and agree to these Terms, including, without limitation, your agreement to resolve any dispute with us through binding personal arbitration, as described in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to change other terms or privacy policies that may govern the relationship between you and us in other contexts.
1. User Option: The Program allows users to receive mobile SMS/MMS messages by explicitly opting into the Program, such as through online or application-based registration forms. Regardless of the opt-in method you use to participate in the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive automated or pre-recorded marketing messages at the phone number associated with your registration, and you understand that consent is not required to make a purchase from us. Although you agree to receive messages sent via autodialer, the foregoing should not be construed to indicate or imply that any or all cellular messages from us are sent via an automated telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. The frequency of messages varies.
2. Opt-out: If you no longer wish to participate in the Program or no longer agree to this Agreement, you agree to respond to suspend, terminate, cancel, unsubscribe or terminate any mobile communications from Selano to you to unsubscribe from the Program. You may receive another mobile message confirming your decision to unsubscribe. You understand and agree that the above options are the only reasonable methods of opting out. You also understand and agree that any other method of opt-out, including, but not limited to, sending text messages other than those specified above or a verbal request from one of our employees to remove you from our list, is not a reasonable way to opt-out.
3. Program Description: Without limiting the scope of the Program, users who sign up for the Program can expect to receive communications regarding the marketing and sale of eyelash and eyebrow strengthening serums, mascara, and travel bags. The messages may include checkout reminders.
4. Costs and Frequency: Message and data rates may apply. The frequency of messages varies. The Program includes recurring mobile messages, and additional mobile messages may be sent from time to time based on your interactions with us.
5. Support instructions: For support regarding the program, text "Help" to the number from which you received messages or send an email to info@selano-il.com. Please note that using this email address is not an acceptable method of unsubscribing from the program. Opt-outs must be submitted according to the procedures described above.
6. MMS message: The program will send SMS TMs (closing messages) if your mobile device does not support MMS messages.
7. Our Disclaimer: The Program is provided on an "as is" basis and may not always be available in all areas and may not continue to function in the event of product, software, coverage or other changes to your wireless carrier. We are not responsible for any delays or failures in receiving mobile messages in connection with this plan. Cellular message delivery is subject to effective transmission by your wireless service provider/network operator and is beyond our control. The carriers are not responsible for delayed or undelivered mobile messages.
8. Participant Requirements: You must have your own wireless device capable of sending two-way messages, use a participating wireless carrier, and subscribe to a wireless service with text messaging service. Not all mobile phone providers offer the service necessary to participate. Check your phone's capabilities for specific text messaging instructions.
9. Age Restriction: You may not access or use the Platform if you are under the age of thirteen (13). If you use or participate in the Platform and you are between the ages of thirteen (13) and eighteen (18), you must obtain permission from your parent or legal guardian to do so. By using or engaging with the Platform, you represent and agree that you are not under the age of thirteen (13), between the ages of thirteen (13) and eighteen (18) years and have permission from your parent or legal guardian to use or engage in the Platform, or you at the age of majority in your jurisdiction. By accessing or using the Platform, you also acknowledge and agree that you are permitted under the applicable laws of your jurisdiction to access and/or use the Platform.
10. Prohibited Content: You acknowledge and agree not to transmit any prohibited content through the Platform. Prohibited content includes:
- any fraudulent, defamatory, defamatory, scandalous, threatening, harassing or stalking activity;
- Offensive content, including profanity, rudeness, contempt, violence, bigotry, hatred and discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- pirated computer software, viruses, worms, Trojan horses or other harmful code;
- any illegal product, service or promotion when such product, service or promotion is received;
- any content that refers to and/or relates to personal health information protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC"); and
- Any other content prohibited by the applicable law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim or controversy between you and us, or between you and Stodge, LLC d/b/a Postscript or any other third party acting on our behalf to transmit the mobile messages within the term of the plan, arising out of or related to any statutory claim or state, common law claim, this Agreement, or its breach, termination, enforcement, interpretation or validity, including the determination of the scope or applicability of this Agreement to arbitration, any such dispute, claim or dispute shall be determined by arbitration in Los Angeles, California before a single arbitrator , to the maximum extent permitted by law.
The parties agree to submit the dispute to binding arbitration in accordance with the current commercial arbitration rules of the American Arbitration Association ("AAA"). Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the federal jurisdiction in which SELANO's principal place of business is located, without regard to its conflict of laws. Within ten (10) calendar days after the demand for arbitration has been presented to the party, the parties must jointly choose an arbitrator with at least five years of experience in this position and with knowledge and experience in the subject of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may ask the AAA to appoint an arbitrator who must meet the same experience requirement. In the event of a dispute, the arbitrator will decide the enforcement and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA"). The parties also agree that the AAA rules regarding emergency protective measures will apply instead of requesting an emergency order from a court. The decision of the arbitrator shall be final and binding, and neither party shall have the right of appeal, except as provided in Section 10 of the FAA. Each party will bear its share of the costs of the arbitrator and the management of the arbitration; However, the arbitrator has the power to order a party to pay all or part of these costs as part of a well-reasoned decision. The parties agree that the arbitrator will have the authority to award attorneys' fees only to the extent expressly permitted by law or the contract. The arbitrator shall have no authority to award punitive damages, and each party hereby waives any right to claim or collect punitive damages with respect to any dispute resolved by arbitration.
The parties agree that each may bring claims against the other through arbitration only in an individual capacity and not as a claimant or class member in an alleged collective or representative arbitration proceeding. Unless both parties have agreed otherwise in writing, in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise conduct a representative or representative proceeding.
Except as required by law, neither party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both parties, except to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Section and such term or provision in any other jurisdiction invalid or unenforceable. If for any reason a dispute will proceed in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision will survive any cancellation or termination of your consent to participate in any of our programs.
12. Miscellaneous: You warrant and represent to us that you have all the rights, power and authority required to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of these obligations will violate any other contract or obligation. Failure of either party to exercise any right hereunder shall not be deemed a waiver of any additional rights under this Agreement. If any provision of this Agreement is found to be unenforceable or illegal, such provision will be limited or waived to the minimum extent necessary so that this Agreement will remain in full force and effect and enforceable. Any new features, changes, updates or enhancements to the Program shall be governed by this Agreement unless otherwise expressly stated in writing. We reserve the right to change this agreement from time to time. Any updates to this Agreement will be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such change, you accept this Agreement, as modified.