These LullyLash Terms and Conditions (the “TAC”) are between LullyLash and you as a recipient of LullyLash’s goods and/or as an end user of LullyLash’s web site located at http://www.LullyLash.co.uk (or any successor site) (the “Site”). Changes in law or changes in LullyLash’s business may require changes to be made to the TAC from time to time, so LullyLash encourages you to review the TAC periodically for any such changes. By accessing the Site, sending information to LullyLash or ordering products or services from LullyLash through the Site you agree to be bound to the TAC. If you do not agree with any term in the TAC, your sole recourse is to discontinue your use of the Site.
1. TERMS AND CONDITIONS OF SALE.
LullyLash offers the items described on the Site (the “Products”) for sale at the prices set forth on the Site, as applicable (subject to revision of such prices by LullyLash from time to time). No document issued by you attempting to negate or otherwise modify the terms of the TAC, including any purchase order or request for proposal, shall be binding upon LullyLash and instead the TAC, including any special terms and conditions set forth separately by written agreement shall exclusively govern the sale of products and provision of services to you by LullyLash.
LullyLash ships Products and provides services in accordance with the specifics of your purchase order. If, after delivery and inspection, you determine that the Products or services do not conform to your specifications and are, therefore, unacceptable, please notify us immediately, subject to the terms of the returns policy. LullyLash will either replace the rejected Products, or issue a credit therefore, at LullyLash’s option, as the exclusive remedy.
WARNING: You must determine fitness of Products for use. Exposure of Products to other materials, chemicals, sterilization or temperature extremes may cause changes in material from which the Products are manufactured, which may make the Products unsuitable for use. Some Products contain latex, which may cause allergic reactions in some individuals. LullyLash disclaims any responsibility for the foregoing.
You assume all liability and responsibility for selection and use of Products by you and/or by any third party that purchases or receives the Products (or products incorporating the Products) from you or your transferees, and LullyLash is not and shall not be liable or responsible in any way for any such selection or use. The Products are intended only for further manufacturing or assembly and are not for sale directly to hospitals, physicians, pharmacists, or other end users. You agree to use any Products purchased from LullyLash in a safe manner, and in accordance with the applicable governmental rules and regulations.
The Site is provided as a service to you and is intended to provide general information about LullyLash and its Products and services. LullyLash reserves the right to delete, modify, or supplement the content of the Site at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information in the Site.
Linked Sites – Any links or references to other Internet sites (“hyperlinks”) contained on the Site are provided by LullyLash merely as a convenience to users of the Site, and LullyLash is not responsible for the content or operation of any such linked sites. Any hyperlinks to such linked sites should no way be construed as an endorsement, representation(s) or promotion by LullyLash as to the content, representations, accuracy, products or services found or otherwise described in such linked sites. Use of these linked sites is done at your own risk.
Applicable Laws – The Site contains information about products that may or may not be available in any particular country, and if applicable, may have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or for an indication for any product, which is not authorized, by the laws and regulations of the country where the reader resides.
Copyright – All contents of the Site, including all documents, graphics, logos, images, sounds, or other binary files, are copyrighted by, and are the exclusive property of, LullyLash. Permission to print or otherwise distribute all or a portion of the Site is granted, provided that (1) a legend is affixed to any copies so printed or distributed, that the information contained therein is the sole property of LullyLash; (2) a copyright notice stating “Copyright ©2012 by LullyLash. All rights reserved.” appears on all copies; (3) the use of the information is for non-commercial or personal information use only; (4) the information is not modified in any manner; and (5) no graphics from the Site are used separately from the accompanying text.
Trademarks – All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to LullyLash unless otherwise noted. The Marks on the Site are variously protected by the laws of the United Kingdom and other countries of operation foreign to the United Kingdom. No use of any of these Marks may be made without the prior, written authorisation of LullyLash, except for the sole purpose of identifying the products or services originating from LullyLash.
Submissions – No confidential relationship shall be established in the event that you make any oral, written, or electronic response to LullyLash (e.g. feedback, questions, comments, suggestions or ideas). LullyLash shall be free to reproduce, publish or otherwise use such information including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing of goods or services. The sender of any information to LullyLash is fully responsible for its content, including its truthfulness and accuracy.
3. General Terms and Conditions.
NOT WITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY LullyLash, YOU SPECIFICALLY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO SELECT AND EVALUATE THE CORRECT PRODUCTS FOR USE IN YOUR APPLICATIONS.
In no event shall LullyLash be liable to you or to any third party for any direct, incidental, indirect, special or consequential damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if LullyLash has been advised, knew, or should have known of the possibility of such damages, arising out of or related to (i) your use of or reliance on the Site, or any information, hyperlinks or content contained therein, (ii) your provision of information, personal or otherwise, to LullyLash, (iii) the provision of Products or services by LullyLash, (iv) acts or negligence on the part of LullyLash, its agents or employees, or (v) your use of any Products. In purchasing Products or services from LullyLash, you expressly release and discharge LullyLash from all such causes of action or damages. Without limiting the foregoing, in no event shall LullyLash be liable to you for more than the purchase price of any Products purchased by you from LullyLash.
LullyLash DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, THE PRODUCTS OR LullyLash’s SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY LullyLash, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION AND LINKS CONTAINED THEREIN, ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE.
The TAC and any sales thereunder shall be governed by the laws of England, without regard to the conflict of laws rules. If any portion of the TAC is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, such unenforceable, invalid or illegal portions shall not affect the remainder of the TAC. You hereby waive any and all rights to bring any claim or action LullyLash related to the Site or TAC in any forum more than one (1) year after the date on which such claim arises.
The TAC was last updated on June 15, 2012.