Introduction
Welcome to our Authentic Pigment® website! We’re excited that you’ve chosen to shop with us. Please take the time to read through these Terms & Conditions carefully before using our site or making any purchases.
By accessing authenticpigment.shop or using our services, you agree to be bound by these Terms. If you do not accept these Terms, please do not use this website. We may modify these Terms at any time, and you agree to abide by the most recent version posted on this page.
Definitions
“Authentic Pigment”, “We”, “Us”, “Our” refers to the owner of this website and provider of services.
“You”, “Your”, “User” refers to you as a user of this website or customer.
“Site”, “Website”, “Service” refers to authenticpigment.shop and any related services provided.
“Products” refers to any merchandise, goods, or services offered for sale on this website.
Using Our Website
- You must be at least 18 years old or have parental consent to use this website. We do not knowingly collect information from minors.
- Intellectual Property: All content included on this site is the property of Authentic Pigment and protected by copyright and other intellectual property laws. Users may not modify, publish, transmit, participate in transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit the content of this website.
- Accuracy: We strive to provide current, complete, and accurate information on this website. However, we make no warranties or guarantees regarding the accuracy, completeness, or timeliness of the content. It is your responsibility to verify any information before relying on it.
- Availability: We will make reasonable efforts to keep this website operational 24/7, however, we make no guarantees regarding uptime or availability. Certain technical failures or other events outside of our control may lead to temporary interruptions.
- Links: This website may contain links to other websites. We are not responsible for the content, accuracy, or policies on third party sites. Links to external sites does not imply endorsement of their owners or content.
- Security: Your use of this website is at your own risk. We implement reasonable technical and organizational measures to protect data and our systems, but we make no guarantees regarding security or prevention of cyberattacks, data breaches, or other events that may damage your device, data, or systems.
- We reserve the right to monitor, restrict, or terminate access to this website for any reason without notice. We also reserve the right to suspend service or cease operations without notice.
Placing Orders
- You agree that you are legally capable of entering into contracts. Contracts will be deemed to have been formed in the state of California, USA when you place an order on this website, regardless of where you access it from. Any disputes will be interpreted under California and U.S. law.
- When you place an order, you are offering to purchase the product. All orders must be accepted by us. We may choose not to accept any order for any reason.
- You agree to provide accurate and complete billing, shipping, and contact information for all orders. We reserve the right to cancel orders if we believe the information provided is incorrect or fraudulent.
- Availability: We will make all reasonable efforts to fulfill your order and deliver the products in a timely manner. However, certain disruptions or product shortages may delay shipment or prevent us from shipping an item. We reserve the right to cancel any order due to unavailability. In this case, we will refund any payments already made.
- Pricing: Prices and availability are subject to change without notice. The price charged will be the price displayed at the time an order is placed. Published prices do not include taxes or shipping costs, which will be added at checkout.
- Promotions: Promo codes, discounts, or sales may be restricted to certain products, minimum purchase amounts, expiration dates, usage limits, or regions. We reserve the right to discontinue or modify promotions at any time without notice.
- Cancelling and Modifying Orders: Unshipped orders may be cancelled or modified until the time they are prepared for shipment. Due to processing timelines, modification abilities are limited. Contact us immediately if you want to change or cancel an order.
Payment
- All transactions are processed through third-party payment providers. We do not directly collect or store full credit card information.
- Authorization: By submitting a payment, you authorize our payment provider to charge your card or account for the purchase amount plus any taxes, fees, or other costs.
- Timing: We will attempt to securely charge your card/account within a reasonable time after receiving an order. If the payment fails, we will make reasonable attempts to contact you to arrange alternate payment.
- Recurring Payments: For some subscription services, you will be periodically charged until you cancel. Details about billing frequency and cancellation will be provided during signup. We will notify you before your next payment date so you can cancel if desired.
- Failed Payments: If a payment fails or an account has insufficient funds, your order may be cancelled. You remain responsible for any amounts owed to us per these Terms. We reserve the right to take reasonable actions to collect unpaid balances, including referring accounts to collections agencies.
- Refunds: Refund availability for orders cancelled by you or us due to non-delivery, incorrect items, or other reasons will be determined on a case-by-case basis. If granted, refunds may take 3-10 business days to process.
Delivery
- We will make reasonable efforts to deliver your order to the address specified during checkout in a timely manner. Delivery timeframes displayed on the website or during checkout are estimates only and are not guaranteed.
- Shipping Provider: We will select the shipping provider and service level on your behalf, unless otherwise specified during checkout. Tracking information may not be available for some shipping methods. We are not responsible for any shipping delays.
- Packaging: Products will be packaged according to our standard practices to minimize damage during shipment. We are not liable for any damage incurred during shipping.
- Missing / Lost Shipments: If you do not receive your shipment within a reasonable timeframe, please contact us so we can investigate. If a package is confirmed lost by the shipper, we will reship the order or refund your purchase amount.
- Inspection: Please inspect all packages promptly upon delivery and report any missing / damaged items or other problems immediately so we can address your concerns promptly.
- Returns: See Returns & Refunds section below for policies regarding packages shipped to the wrong address or needing to be returned after receipt.
- Customs & Duties: For international shipments, you are responsible for compliance with all customs laws and responsible for all import taxes, duties, and fees. Please contact your local customs office for more information.
Returns & Refunds
If you are not fully satisfied with your purchase, you may request a refund or exchange by contacting our Customer Service team within 30 days of delivery. Please note:
- Return Reason: Please specify the reason you are requesting a return – such as incorrect, damaged, or defective item.
- Images: Please attach images proving damage, defects, or other return reasons if possible. This can expedite processing.
- Return Condition: Items must be returned in original condition with tags/labels still attached. We cannot accept returns of worn, washed, or damaged items. The items must not have been altered in any way by the customer.
- Original Packaging: If possible, please return the item in its original box or packaging to prevent damage during transit.
- Return Shipping: You are responsible for the return shipping costs unless the return is due to our error (such as wrong item shipped).
- Refund Types: Based on the above criteria, if approved, we will issue a full or partial refund in the form of store credit or to the original payment method.
- Exchanges: If you would prefer to exchange the item for a different size, color, or product, please specify in your request. Exchanges are subject to availability. If the exchange costs more, you will be responsible for the price difference.
- At our discretion, refunds or exchanges may require the item to be returned prior to being issued. For defective/damaged claims, photos or return of the item may be required.
- Promotional items, customized products, hygiene products, and certain other items cannot be returned or exchanged. Please contact us if you have any questions about return eligibility.
- We reserve the right to refuse returns or exchanges that do not meet the above criteria, or that we suspect are fraudulent or abusive. Refunds and exchanges are processed at our sole discretion.
Product Information
- We aim to provide complete, accurate, and up-to-date information about each product. However, some information may occasionally be erroneous. In particular, images are for illustration only and may not be an exact representation of the product.
- Colors: We have made efforts to display colors accurately. However, actual colors may vary slightly due to screen differences and other factors.
- Size: Size charts and product dimensions provided are approximate. Actual sizes and measurements may vary slightly. If more precise sizing is needed, please contact us prior to ordering.
- Stock: Inventory levels displayed on the website are updated periodically but may not reflect real-time availability. Products may sell out quickly. We cannot guarantee availability at all times.
- Pricing Errors: If a product’s price is displayed incorrectly, we will cancel and refund orders placed for that item at the incorrect price if caught prior to fulfillment. If the order has already been processed, we may seek additional authorization or cancel the order.
- Modifications: We reserve the right to modify product specifications, designs, or other details without notice. What you receive may vary slightly from website images and descriptions.
- User Content: Any content on this site submitted by users reflects the views and opinions of the specific author and is not endorsed or verified by us. User content should not be relied upon for accuracy, completeness, or timeliness.
User Conduct
By accessing this website or using any associated services, you agree:
- Not to post or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage unlawful conduct.
- Not to use the services for any purpose that is illegal or prohibited in these Terms, in any manner which could damage, disable, or impair this website.
- Not to attempt to gain unauthorized access to any services, user accounts, systems, or networks.
- Not to attempt to interfere with or compromise the system integrity, security, or privacy.
- Not to transmit any viruses, worms, defects, trojan horses, malware or any items of a destructive nature.
- Not to post any content that infringes the intellectual property or other rights of any party.
- Not to engage in any harassing, threatening, intimidating, predatory or stalking conduct.
- To comply with all applicable laws and regulations while using the website and services.
- Not to pose as another user or falsify your affiliation with any person or entity.
- Not to access or use the website or services to design, develop, distribute, or publicly inform others of ways to compromise or circumvent any security features or compromising the security of the services.
- Not to probe, scan or test vulnerabilities of this website without permission.
- Not to license, sublicense, sell, resell, lease, transfer, assign, distribute, host, or otherwise commercially exploit the services.
- To use the services only for your intended personal use and benefit, and not for competitive analysis or other unauthorized purposes.
- To comply with all applicable usage policies as updated and posted on the website periodically.
- To comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the services.
We reserve the right to terminate accounts or access to the services for those who violate these rules or who misuse the services.
Our Content & Copyrights
- All visual, written, or other content on this website is creative work owned or licensed by us. This includes any graphics, logos, designs, product images, and written content.
- You may not modify, distribute, reproduce, publish, create derivative works from, or otherwise exploit any content without explicit permission.
- The content is protected under US and international copyright and trademark laws. We aggressively defend our intellectual property rights to the fullest extent.
Reviews & Testimonials
If you choose to submit content such as product reviews, comments, or testimonials, you agree that:
- You grant us a perpetual, royalty-free license to use, reproduce, modify, distribute, publicly display or perform, translate, and create derivative works from your submission, in whole or in part, in any media, for any purpose.
- You warrant that you have the legal authority to grant such license and that your content is lawful and will not infringe any third party rights or violate any laws.
- We reserve the right to remove or reject any submission for any reason without notification. We are not obligated to use, compensate, or respond to any submission.
- You understand submissions are non-confidential. We are not liable for any use or disclosure of any content you provide.
Disclaimers
- We disclaim any responsibility for any harm resulting from your use or misuse of our website or services. You use this website at your own risk.
- We make no warranties or guarantees regarding this website, its accuracy, availability, safety, or suitability for any purpose. All services are provided in an “as is” condition.
- We are not liable for non-performance or damages caused by circumstances beyond our reasonable control, including but not limited to, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages, technology failures, transportation difficulties, supplier failures, energy crises, or cyber attacks.
- We do not guarantee prices or availability of products. Errors may occur.
- Any technical information or assistance provided in connection with purchase or use of products is provided as-is without warranty of any kind.
- We disclaim any implied warranty of merchantability, fitness for a particular purpose, title, and non-infringement.
- In no event will we be liable for any indirect, punitive, incidental, consequential, or special damages arising out of use of the website.
Limited Liability
By using this website and associated services, you understand and agree that in the event of any claim, our maximum collective liability will be limited to the amounts paid by you to us within the three months preceding the event giving rise to a claim. This applies to any possible liabilities, whether based in contract, tort, statute, or otherwise.
Indemnification
You agree to fully indemnify, defend, and hold us harmless from any damages, liabilities, losses, claims, or expenses arising out of your use of this website or breach of these Terms. This includes any claims by third parties that your User Content infringed intellectual property or other legal rights.
Governing Law
These Terms shall be governed under the laws of the State of California without regard to conflicts of law principles. Any disputes relating to these Terms or your use of this website will be heard exclusively in courts located in Los Angeles County, California.
Class Action Waiver
You agree not to participate in any class action lawsuits for claims arising from your use of this website, purchase of products, or these Terms. By using this site, you agree to a waiver of any right to participate in class action suits against us.
Arbitration
At our sole discretion, we may require you to submit any disputes arising from your use of the website or products or these Terms to final and binding arbitration under the American Arbitration Association (AAA) rules. Arbitration fees and costs will be split equally between the parties.
Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain fully enforceable.
Contact Us
Feel free to reach out to us regarding any questions about these Terms and Conditions:
Email: [email protected]
Phone: (800) 555-1234
Address: 123 Pigment Lane, Los Angeles, CA 90001
We welcome your feedback and suggestions to help improve your experience using our website and ordering our products.
Effective Date
These Terms and Conditions were last updated on March 1, 2023. New versions will be identified with an updated effective date. Your continued use beyond the update date indicates acceptance of the revised Terms. Please check back periodically for updates.