- Terms & Conditions
Terms & Conditions was last updated January 5, 2018.
1) Online Sales
This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
By placing an order for products or services from this website, you accept and are bound by these terms and conditions.
You may not order or obtain products or services from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Tweezerman International, LLC, or (c) are prohibited from accessing or using this website or any of this website’s contents, goods or services by applicable law.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and/or services through www.tweezerman.com (the “Site”). These Terms are subject to change by Tweezerman International, LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2) Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and/or services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products and/or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Tweezerman International, LLC and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order shipment e-mail by calling our Customer Service Department at (516) 676-7772
3) Prices and Payment Terms
(a) All prices posted on this Site are subject to change without notice. The price charged for a product and/or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4) Delivery; Title and Risk of Loss
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
(b) Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5) Returns and Refunds
Except for any products designated on the Site as non-returnable, we will accept a return of the products purchased on the Site for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery and provided such products are returned in their original condition, in the original packaging and including the original receipt or proof of purchase. To return products, you must call (516) 676-7772 or e-mail our Returns Department at email@example.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. You may also submit a request form and print out the RMA number via your account on www.tweezerman.com, please note you must create an account in order to use this method. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately ten (10) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
6) Limited Warranty
This limited warranty gives you specific legal rights and you may also have other rights that vary from state to state.
This limited warranty may also be found in the documentation we provide with the products.
We warrant that during the warranty period, the products purchased from the site will be free from defects in materials and workmanship.
We also warrant that during the warranty period the services purchased from the site will be performed in a workmanlike manner and in accordance with generally recognized industry standards for similar services.
We limit the duration and remedies of all implied warranties, including without limitation the warranties of merchantability and fitness for a particular purpose, to the duration of this limited warranty.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Our responsibility for defective products is limited to repair, replacement or refund as set forth in this warranty statement. Our responsibility for defective services is limited to repair, re-performance or refund as set forth in this warranty statement. Neither any performance or other conduct, nor any oral or written information, statement or advice provided by us or any of our suppliers, agents or employees will create a warranty, or in any way increase the scope or duration of this limited warranty.
(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and/or services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
(b) What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
(iii) improper use;
(iv) failure to follow the product instructions or to perform any preventive maintenance;
(vi) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Tweezerman International, LLC;
(vii) unauthorized repair;
(viii) normal wear and tear; or
(ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(d) What is the Period of Coverage?
This limited warranty starts on the date of your purchase and warrants against manufacturer defects for the life of the implement. Our implements are guaranteed to perform and are guaranteed against manufacturing defects. (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(e) What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) replace the implement.
(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must call (516) 676-7772 or e-mail our Customer Service Department at firstname.lastname@example.org during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.
(g) Limitation of Liability
The remedies described above are your sole and exclusive remedies and our entire obligation and liability for any breach of this limited warranty. Our liability will under no circumstances exceed the actual amount paid by you for the defective product and/or service that you have purchased through the site, nor will we under any circumstances be liable for any loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs of replacement goods or services, or any consequential, incidental, special or punitive damages or losses, whether direct or indirect.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(h) What can you do in case of a dispute with us?
The dispute resolution procedure detailed in Section 12 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
7) Goods Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
8) Intellectual Property Use and Ownership
You acknowledge and agree that:
(a) All uses on this Site of the terms “sell,” “sale,” “resell,” “resale,” “purchase,” “price” and the like mean the purchase or sale of a license. Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions and restrictions of the license agreement made available to you through a link accompanying the display or description of that specific product or service.
(b) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.
(c) You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these product and service license agreements.
(d) Tweezerman International, LLC and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products and services made available through this Site, or of any intellectual property rights relating to those products and services.
10) Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11) Governing Law and Jurisdiction
All matters arising out of or relating to these Terms shall be governed by the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. The UN Convention on Contracts for the International Sale of Goods shall not apply to any transactions hereunder.
12) Dispute Resolution and Binding Arbitration
(a) You and Tweezerman International, LLC are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products and/or services through the site, will be resolved exclusively and finally by binding arbitration.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You agree to an arbitration on an individual basis. In any dispute, neither you nor Tweezerman International, LLC will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14) No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Tweezerman International, LLC.
15) No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by sending a message to the e-mail address you provide. Notices sent by e-mail will be effective when we send the e-mail. It is your responsibility to keep your e-mail address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to (516) 676-8825; or (ii) by personal delivery, overnight courier or registered or certified mail to Tweezerman International, LLC, Attn, CFO, 2 Tri Harbor Court, Port Washington, NY, 11050. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18) Entire Agreement
Company owns, controls, and/or licenses all text, graphics, interfaces, photographs, trademarks, logos, and computer code contained on the Website (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of this Content. The Content is protected by trade dress, copyright, trademark laws, and other intellectual property rights and laws.
If you post to your personal social media including, without limitation, Facebook, Twitter, Pinterest and Instagram and you tag or hashtag Tweezerman, you grant Company the irrevocable, unrestricted right to repost your post on Website.
Your failure to comply with the Website’s terms, conditions, and notices will result in automatic termination of any rights granted to you, without prior notice. Except for the limited permission in the preceding paragraph, Company does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, by hacking, password “cracking,” or any other illegitimate means. You may not breach the security or authentication measures on the Website or any other systems or networks connected to the Website, or otherwise attempt to interfere with the proper functioning of the Website.
You may not impersonate any other individual or entity when using this Website. You may not use the Website or any Content for any unlawful or prohibited purpose, or to solicit the performance of any illegal activity. You may not use the Website to defame, harass, threaten, or intimidate others.
This Website may contain links to independent third-party websites (“Linked Websites”). Company provides these Linked Websites solely for your convenience, and does not control or endorse any of them. Company cannot be responsible for the content, promotions, security, or privacy policies of such Linked Websites.
You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Website, including as a result of (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems. Company similarly reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
ALL INFORMATION PROVIDED ON THE WEBSITE, INCLUDING AS TO PRICING, FEATURES, AND AVAILABILITY OF PRODUCTS AND SERVICES, IS SUBJECT TO CHANGE WITHOUT NOTICE. ACCORDINGLY, YOU SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES, PRODUCTS, OR OTHER MATTERS DESCRIBED IN THIS WEBSITE.
COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY CANNOT ENSURE THAT ANY INFORMATION YOU TRANSMIT TO THE WEBSITE WILL BE SECURE IN ITS TRANSMISSION AND/OR STORAGE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY COMPANY SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE WHATSOEVER DAMAGES, INCLUDING LOST PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above disclaimers and limitation of liability apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, security breach, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, and shall apply to the fullest extent permitted by the law of the applicable jurisdiction.
You agree to indemnify and hold Company, its existing and future officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Company by any third party due to or arising out of or in connection with your use of the Website.
You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws’ provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York, New York, and waive any objection to such jurisdiction or venue.
Company welcomes any feedback you have regarding the Website. Please be aware that any feedback you provide shall be deemed non-confidential, and Company shall be free to use such information on an unrestricted basis.
If you believe that any content appearing on this Website infringes your copyright rights, Company wants to hear from you. Please forward the following information in writing at the address listed below:
Please provide any feedback or claims of infringement to the following address:
Tweezerman International, LLC
2 Tri Harbor Court
Port Washington, NY 11050
Company seeks to preserve any and all exemptions from liability that may be available under copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512 or elsewhere.