Terms & Conditions

WELCOME TO THE PANI WEBSITE (THE “SITE”)

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and PANI Cosmetics (“we,” “us”, “our”, “PANI” or “PANI Cosmetics Limited”), concerning your access to and use of the panicosmetics.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
 
You must be the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under the age of majority in your jurisdiction, then you have received parental permission to use the Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

1) ADDITIONAL POLICIES
The following policies are incorporated into these Terms and Conditions. By agreeing to these Terms and Conditions, you also agree (as applicable) to:

Privacy Policy: Our Privacy Policy also governs how we collect, store, process, and share your information.
Sales and Shipping Terms: If you purchase a product, you agree to our Sales and Shipping Terms.

2) USER REPRESENTATIONS
By using the Site, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete;
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. you have the legal capacity and you agree to comply with these Terms and Conditions;
  4. you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
  5. you will not use the Site for any illegal or unauthorized purpose;
  6. and your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

3) PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
 
As a user of the Site, you agree not to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  3. use a buying agent or purchasing agent to make purchases on the Site;
  4. use the Site to advertise or offer to sell goods and services;
  5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
  6. engage in unauthorized framing or linking to the Site;
  7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  8. make improper use of our support services or submit false reports of abuse or misconduct;
  9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
  11. attempt to impersonate another user or person or use the username of another user;
  12. sell or otherwise transfer your profile;
  13. use any information obtained from the Site in order to harass, abuse, or harm another person;
  14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
  15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
  16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
  17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
  18. delete the copyright or other proprietary rights notice from any Content;
  19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
  20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
  21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”);
  22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
  23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
  24. and use the Site in a manner inconsistent with any applicable laws or regulations.

4) ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, sizes, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
 
This Site may contain typographical errors or inaccuracies and may not be complete or current. PANI therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
 
Our product descriptions and content are for educational and informational purposes only. We are not offering products to diagnose, treat, cure or prevent any condition or disease. The Site is not a substitute for medical advice from your own health care practitioner. Please test all products before use.

5) PAYMENT AND PRICES
Prices for products are quoted on the item listing. Our shop may contain a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product. In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
 
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
 
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking the order details. You may correct those input errors before placing your order by editing your shopping cart.

6) SALES AND SHIPPING TERMS
Naturally, we cannot take returns on used products or products not bought online at panicosmetics.com. Review our Sales and Shipping Terms posted on the Site prior to make any purchases.
 
7) WARRANTY

You warrant to us that:
(a) you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete;
(c) and you will be able to accept delivery of the products.
 
8) REFUSING YOUR ORDER

While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on the Site. We reserve the right to discontinue, refuse, or cancel the sale of any product listed on the Site at any time without notice.
 
9) FORCE MAJEURE

Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
 
10) GOVERNING LAW AND JURISDICTION

Any claim, action, lawsuit or proceeding arising out of or related to this website and the services and products provided, shall be instituted exclusively in the federal courts of the European Union and the user hereof irrevocably submits to the exclusive jurisdiction of such courts in any claim, action, lawsuit or proceeding, and waives any objection based on improper venue.
 
11) INDEMNIFICATION

By using the site, you indemnify panicosmetics.com from liability for loss or damage of whatever nature and howsoever arising from your use of the website and or any services, content or obligation in terms of these Terms and Conditions.
 
You agree to indemnify, defend and hold harmless PANI Cosmetics 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 third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
 
We expressly disclaim any and all implied warranties, including, without limitation, warranties of merchantability, accuracy of measurements, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
 
12) TERMINATION

If you violate these Terms, your permission to use the Services will automatically terminate. In addition, PANI Cosmetics in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you.
 
Your account or service may be cancelled, subject to the terms hereof, at any time; provided that, as set forth above, no refunds will be issued.
 
13) SEVERABILITY

If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.
 
14) DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
 
15) LIABILITIES

In no case shall PANI Cosmetics, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
 
16) THIRD PARTY LINKS

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
 
If you choose to use a service (“Social Features”), information you post or provide access to may be publicly displayed on the Site or by the provider of the Social Feature that you use. Similarly, if you post information on an off-website page that references the Site (e.g., by using a hashtag associated with PANI Cosmetics in a tweet or status update), your post may be published on our Site in accordance with the terms of the off-website page or service. Also, both PANI Cosmetics and the off-website page may have access to certain information about you and your use of the Site and the off-website page or service.
 
In addition, we may receive information about you if other users of an off-website page give us access to their profiles and you are one of their "connections," or information about you is otherwise accessible through your "connection's" web page, profile page, or similar page on a social networking or other off-website pages or interactive service. The information we collect in connection with Social Features is subject to PANI’s Privacy Policy.
 
17) MODIFICATIONS
PANI Cosmetics reserves the right to revise these Terms and Conditions at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of these Terms and Conditions, and your continued use of the Site reaffirms your agreement to the then-current Terms and Conditions. You agree to consult the Site regularly for up-to-date information about these Terms and Conditions, the Privacy Policy, and Sales and Shipping Terms.

18) WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
 
19) PRODUCTS AND SERVICES FOR PERSONAL USE
The Services, including any samples we may provide to you, are for personal and/or professional use only. You may not sell or resell any of the Services, or samples thereof, you purchase or otherwise receive from us. Please note that we will track the purchases you make through the Site. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
 
20) SOCIAL FEATURES
All Posts on the Sites and PANI Cosmetics Channels where Posts will become public. By making a Post, you grant Pani Cosmetics the perpetual, worldwide, irrevocable right (but not the obligation) to post, edit, modify, reproduce, re-use, publish, print, distribute, display or otherwise use your Post and any other information, ideas, or links that you provide, in whole or in part, without royalty, other compensation, recognition or attribution, in all forms of media, now known or developed in the future.
 
You also acknowledge that PANI may use your Posts, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
 
21) INTELLECTUAL PROPERTY RIGHTS
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by the European Union and international laws, including laws governing copyrights and trademarks.
 
Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.
 
22) CONTACT INFORMATION
Questions about the Terms & Conditions should be sent to us at hello@panicosmetics.com.
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