THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter “Terms”) governs your use of our web site (hereafter “web site”). It is vitally important that you read the Terms carefully, as your use of the web site; by accessing, browsing, and using the Site, will automatically constitute your agreement to be legally bound by the Terms and Conditions (“Terms”) set out herein.
These Terms also govern your use or purchase of the products/services provided through or in connection with the web site (hereafter “services”). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the web site(s) or the services provided by Business through its web site(s).
This website located at heavenbeauty.me (Site), is owned and operated by Healthy Choice Enterprise, Inc/HCE(hereafter “Business”).
The following words used in these Terms shall have the following meanings:
“Personal Information” shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc.;
“Business web site” shall mean all web sites on which Business provides products and/or services.
“Business User” shall mean all Users of the Business web site(s) and services.
“Business Products and Services” shall mean all products and/or services provided directly by Business;
“3rd–Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, the Business web site(s).
The Internet is an evolving medium; we may change these Terms from time to time. By continuing to use the Site after we post any such changes, you accept these Terms, as modified. We may change, restrict access to, suspend, or discontinue the Site, or any portion of the Site, at any time.
HCE respects the privacy of our users. Please take a few minutes to review our Privacy Policy.
Electronic Communication
When you visit Heaven Beauty/HCE or send emails to us or provide your feedback, it clearly states that you are communicating with Heaven Beauty/HCE electronically. In return you are providing your consent to receive communications from Heaven Beauty/HCE electronically. Our representatives shall communicate with you via email. You agree that all the agreements, notices, disclosures, and other communications that we provide to you electronically satisfy legal requirement that such communications be in writing.
Site Registration
To register with Heaven Beauty/HCE https://heavenbeauty.me, you must be at least 18 years of age.
Each registration is for a single user only, whether or not acting on behalf of a company or other organization. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
User must complete the registration process by providing Business with current, complete and accurate information as prompted by the account registration form. The Business accepts no responsibility for the accuracy, nature, or conformity to applicable laws of any of such material.
User also will choose a password and a User name. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
User is entirely responsible for maintaining the confidentiality of any password and account information. Furthermore, User is entirely responsible for any and all activities that occur under its account. User agrees to notify Business immediately of any unauthorized use of their account or any other breach of security. Business will not be liable for any loss that may incur as a result of someone else using User’s password or account, either with or without their knowledge. However, User could be held liable for losses incurred by Business or another party due to someone else using their account or password
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
We may deny access to any User, at any time, and for any reason. In addition, Business may, at any time, transfer rights and obligations under these Terms to any current or future Business subsidiary or business unit, or any companies or divisions or any entity that acquires Business or any of its assets.
Purpose of Site and Limitations
The state of scientific knowledge of many ingredients discussed on the Site is evolving, and Heaven Beauty/HCE periodically updates the information posted on this Site. While we endeavor to update this website regularly and keep the information correct, it is important to note that the content of this website contains information that may not reflect current developments, laws, or regulations.
The Business disclaims any responsibility or liability for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material. The Business disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Business web site.
The materials on this site may be updated without notice. Heaven Beauty/HCE expressly disclaims all liability for action taken or not taken based on any or all the contents of this site. No responsibility is assumed for the accuracy or timeliness of any website information.
The Business disclaims any responsibility or liability for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material. The Business disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Business web site.
The Business does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of the Business web sites or on any external web sites linked to them. In particular, the Business does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfills or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall the Business be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
COMPANY WEB SITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COMPANY WEB SITES, ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE COMPANY WEB SITES. COMPANY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE COMPANY WEB SITES. THE COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COMPANY WEB SITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE COMPANY WEB SITES.
THE USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY WEB SITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. THE USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
THE COMPANY AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd-PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
Limitation of Liability
Heaven Beauty/HCE may modify, suspend, discontinue or restrict the use of any portion of the Business web site, including the availability of any portion of the content at any time, without notice or liability.
User acknowledge and agree that it is virtually impossible to achieve continuous, uninterrupted availability of the Business or any other, web site. While we endeavor to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
In no event (including our own negligence) will we be liable for any:(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); (b) loss of goodwill or reputation; (c) special, indirect or consequential losses; or(d) damage to or loss of data(even if we have been advised of the possibility of such losses).
The Business does not endorse in any way the contents of advertisers on its pages or other communications. We will not be responsible for any damage suffered by users as a result of the use of services on its sites or applications. This without limitation includes loss of revenue or data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act or omission of vendors. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, omission, error, interruption, defect, deletion, delay in operation or transmission, computer or mobiles virus, theft, communication line failure, destruction or alteration of record, or unauthorized access to or use of record, whether from breach of contract, negligence, tortuous behavior or under any other cause of action. In the instance of debit or credit card transactions, you must use a debit card or credit card that is issued in the name of the user. Heaven Beauty/HCE will not be liable for potential credit or debit card fraud.
Liability for fraudulent debit card, credit card, or net banking transactions shall lie solely upon the user to “prove otherwise.”
Any request for the cancellation of any order once duly placed on Heaven Beauty/HCE’s site or application shall not be entertained.
In the event a non-delivery occurs as the result of mistake made by a user (i.e. wrong name or address) the burden of any extra cost incurred by Heaven Beauty/HCE for re-delivery will be placed upon you who made the order.
In no event shall Heaven Beauty/ HCE, its partners, sponsors, advertisers, agents or licensees, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site, the Content or any communications of the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Heaven Beauty/HCE is advised of the possibility of such damages. Heaven Beauty/HCE is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or public area. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH Heaven Beauty/HCE IS TO DISCONTINUE YOUR USE OF THE SITE.
Links to Third-Party Services
The Site may contain links to other websites on the Internet. These linked websites operate under the auspices and at the direction of their respective owners. If you have a question or comment about any of these sites, please contact them directly on their site. Heaven Beauty/HCE takes no responsibility for, and accepts no liability for, any information found on any such websites that are outside its control. The inclusion of such links on the Site is not an endorsement by Heaven Beauty/HCE in favor of the website, or the products or services offered on such site.
Newsletters
Heaven Beauty/HCE regularly sends out a newsletter and/or other informational emails (collectively referred to as “HB News”) to all Users. In these Newsletters, we may inform you about new services, features or products. User may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us following the unsubscribe link contained in each of the emails.
Copyright Ownership
The Site contains copyrighted material, trademarks, and other proprietary information, including comments, articles, information, catalogs, brochures, data, text, software, photos, video, and graphics (“Content”). This Content is subject to copyrights owned by Heaven Beauty/HCE and is protected by United States copyright laws. Content and features on the Site are subject to change or termination without notice in the editorial discretion of Heaven Beauty/HCE. All rights not expressly granted herein are reserved to Heaven Beauty/HCE.
License & Site Access
Heaven Beauty HCE grants you a limited license to access and make personal use of its websites, mobile sites, and applications, and not to download (other than the page caching) or modify it or any of the portion of it, except in the case that Heaven Beauty/HCE gives consent for the same. Heaven Beauty/HCE authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use so long as you do not remove the copyright and other proprietary rights notices which were contained in the Content.
License does not include any re-sale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of these websites, mobile sites, or the application or its contents; any downloading or copying of account information for benefit of another merchant. These sites or applications or any portion of these sites or applications may not be reproduced, duplicated, sold, re-sold, copied, visited, or otherwise exploited for any commercial purpose without the express written consent of Heaven Beauty/HCE. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this Site or any portion of it. You may not use any robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sub-license, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
You may not frame or use any framing techniques to enclose any of the trademark, logo, or any proprietary information (including page layout, images, text or form) of Heaven Beauty/HCE and our affiliates without express written consent. You may not use any meta tags or any other “the hidden text” and Heaven Beauty/HCE name or our trademarks without the express written consent of Heaven Beauty/HCE. Any unauthorized use terminates the permission or license granted by Heaven Beauty/HCE. You are granted a limited, non-exclusive, and revocable right to create any hyperlink to the homepage of Heaven Beauty/HCE as long as the link does not portray the services or products of Heaven Beauty/HCE or its affiliates in a false, derogatory, misleading, or otherwise offensive matter, or as you having the right to ownership of the same in any form. You may not use our trademark, or any Heaven Beauty/HCE or other proprietary graphic as part of link without express written consent and our acceptance.
Use of Content
You may use the Site and the Content offered on the Site only for internal purposes. Heaven Beauty/HCE authorizes you to view the material on the Site solely for your personal, noncommercial use and not remove the copyright and other proprietary rights notices which were contained in the Content. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this Site or any portion of it. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sub-license, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate U.S. copyright, trademark, and/or other laws. If you violate this these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Trademark Rights
The names, trademarks, service marks, and logos shown on the Site are licensed by or belong exclusively to Heaven Beauty/HCE and are protected from reproduction, imitation, dilution, or confusing or misleading uses under trademark and copyright laws. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Heaven Beauty/HCE or any third party.
Reviews, Comments, Communications, & Other Contents
Visitors may post reviews, comments, and other content, and submit suggestions, comments, ideas, questions, or any other mentioned information, as long as the content is not illegal, invasive of privacy, threatening, obscene, defamatory, infringing on intellectual property rights, or otherwise injurious or objectionable to any third parties, does not consist or contain any software viruses, political campaigning, mass mailings, commercial solicitation, chain letters, or any form of “spam.” You may not use any false email address, impersonate any person or entity, or otherwise mislead users pertaining to your personal identity.
You agree that in making a submission, Heaven Beauty/HCE shall not be required to compensate you for any such license or submission, that any such submission shall not be considered confidential or non-public once submitted to Heaven Beauty/HCE, and that Heaven Beauty/HCE alone is free to decide whether or not to post or use the submission. In the event a submission is posted or used by Heaven Beauty/HCE, you acknowledge and agree that the submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a submission to Heaven Beauty/HCE via the app or other means, you: (a) agree not to make any submission that violates Heaven Beauty/HCE’s Terms & Conditions Notice in any way; (b) automatically grant Heaven Beauty/HCE a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the submission, and exercise all copyright, publicity and other rights with respect to any such submission; (c) are subject to existing laws and waive any moral rights you or your licensees have in any such submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any submission. You also grant each Heaven Beauty/HCE user a perpetual, worldwide, non-exclusive license to access your submission through the app or other means, and to use, reproduce, collect, distribute, share, display the aforementioned submission as permitted by Heaven Beauty/HCE under these Terms & Conditions Notice.
Heaven Beauty/HCE reserves the right to remove content at any time with or without notice. Inappropriate content is not permitted on Heaven Beauty/HCE’s websites, mobile sites and applications and will be removed.
Heaven Beauty/HCE regularly reviews and monitors content posted by users and reserves the right (but not obligation) to publish and delete content. Heaven Beauty/HCE encourages users to engage and communicate within the app by liking, sharing, and following, but there is no tolerance for any kind of objectionable content. Users may report any inappropriate content they encounter by emailing Heaven Beauty/HCE at info@hceorg.com Necessary action will be taken within 24 hours of the information’s receipt. Such action my include deleting content, suspending a user’s account, or any other appropriate legal actions. Heaven Beauty/HCE site users are subjected to accept EULA (End-User License Agreement) terms and conditions. We reserve the right to take action against any EULA violations.
If you post content or submit material, until and unless we indicate otherwise, you grant Heaven Beauty/HCE a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, distribute, publish, translate, create derivative works from, and display such content throughout the world in any media. Heaven Beauty/HCE retain the right to use the name that you submit in connection with such content, if they so choose. You represent and also warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate any Heaven Beauty/HCE policies and will not cause injury to any person or entity, and that you will indemnify Heaven Beauty/HCE or any of its affiliates for all the claims resulting from content that you supply. Heaven Beauty/HCE also has the right but no obligation to monitor, as well as edit and/or remove any activity or content. Heaven Beauty/HCE neither takes any responsibility nor assumes any liability for the content posted by you or any third party.
Warning
Information on ingredients used in cosmetic products appearing on the Site is not intended to be, nor should be interpreted as, advice or a recommendation concerning the use of any cosmetic product.
By using the Site you acknowledge and agree that the information displayed on the Site, including any information provided by experts or medical professionals, is intended solely for general educational purposes. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding any medical condition.
Reliance on any information provided by the Site or by others appearing on the Site is solely at your own risk.
Ordering Goods from Us
Individuals: These terms of sale apply to all goods and services supplied by Heaven Beauty/HCE via https://heavenbeauty.me. The website is governed by the terms and conditions; they do not affect your statutory rights.
Description and price of goods
We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on https://heavenbeauty.me. If there is anything which you do not understand, or if you wish to obtain further information, please contact us via email, telephone, or from the website contact page.
Product images are for illustrative purposes only. Although we have made every effort to display colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the products. Your products may vary slightly from those images.
We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.
Placing an order
You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
The Contract is Subject to Your Right of Cancellation
Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we dispatch the order or send you confirmation by email even if your payment has been processed immediately.
We may refuse at our discretion to accept an order: (a) where we cannot obtain authorization for your payment;(b) if there has been a pricing or product description error; or(c) if you do not meet any eligibility criteria set out in our terms and conditions.(d) where goods ordered by you are not available; (e) if we do not deliver to your area;
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Payment
Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails your order will be cancelled. There will be no delivery until clear funds have been received.
Payment online: Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorized third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the website.
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. During security checks we may ask for additional information or documentation to help support the data you supplied.
Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.
Liability
The Business will not be liable to you for any loss or damage in circumstances where:(a) There is no breach of a legal duty owed to you by the supplier or by its employees or agents;(b) Such loss or damage is not a reasonably foreseeable result of any such breach;(c) Any increase in loss or damage resulting from breach by you of any term of this contract.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Delivery
We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 14 days of your order. Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 30 working days of the delivery of the goods in question.
We shall deliver the goods to you within 14 days (‘the long delivery date”) of the date on which you ordered them. If we do not so deliver the goods by the delivery date then the sale is cancelled and we shall return all monies paid by you to us under the contract of sale but, notwithstanding , shall have no liability to you for the return of monies or otherwise unless you notify us in writing at our contact address of the non-delivery within 30 days from the long delivery date.
Faulty Product, Damaged, or Dead on Arrival
Please note that any products returned to us which you claim to be defective will be checked and verified by our technicians. Any returned products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the product until full payment has been received by us for the return transport costs.
If you notify a problem to us under this condition, our only obligation will be, at your option:(a) to make good any shortage or non-delivery;(b) to replace or repair any goods that are damaged or defective; or(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to Heaven Beauty/HCE, Heaven Beauty/HCE may at its sole discretion limit user activity by immediately removing the user temporarily or indefinitely, suspending or terminating the user’s membership, and/or refusing to provide the user with the access to sites or applications if:
. The user is in breach of Heaven Beauty/HCE’s Terms & Conditions Notice as the result of any usage;
. The user has provided incomplete, inaccurate, or incorrect information;
. The user attempts to defraud Heaven Beauty/HCE by using functionalities on its websites, mobile sites, or applications;
. Your actions cause harm, damage or any loss to other users or Heaven Beauty/HCE. Illegal or unauthorized use of the Heaven Beauty/HCE’s websites, mobile sites, or applications, including any unauthorized framing or linking to Heaven Beauty/HCE, will be investigated. Such an investigation may lead to the subsequent pursuit of appropriate legal action, including and without any limitation, civil, injunctive redress.
Risk of Loss
All Heaven Beauty/HCE orders are made pursuant to our shipment contract. The contract stipulates that the risk of loss and also title for such items will be passed to you upon delivery to the carrier by the vendor.
Indemnity
You agree to indemnify, defend and hold harmless the Business, its web site(s) and each of its respective advertisers, partners, suppliers, licensees, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding:
. Your use of the Business web site(s);
. The Business’s use of any your content or information, as long as such use is not inconsistent with these Terms;
. Information or material provided through your IP address, even if not posted by you or
. Any violation of these Terms by you.
Dispute Resolution. Consumer Reviews And Use Of Social Media
We endeavor at all times to provide high standards in retail and business and recognize and support the importance of the use of social media and the Internet to alert the public when such standards are not met. However, we believe that complaints should not be published in a manner that is unfair or unreasonable as to content and manner of publication and, for this reason, the following terms are agreed by yourself and ourselves to regulate how to proceed when you feel that reasonable standards have not been met.
If you post any comment on our service or products on any website other than the Business’s website, you agree that:-
I) you will not include any statement that is untruthful or malicious.
II) you will do all that is possible to enable the Business to post to the same website a comment in response and ,if such is not possible, you will include such response in full in a comment posted by yourself on the same website
III) you will agree to participate in a form of alternative dispute resolution.
Governing Law And Jurisdiction
These terms and conditions shall be governed by and construed in accordance with U.S. law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside the United States. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United States, you do so at your own risk and you are responsible for compliance with local laws.
Miscellaneous
If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of the Business.
Section Titles : The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Incident Reporting : Any complaints regarding violations of these Terms by a User should be directed to customer services at heavenbeauty.me via the contact form. Where possible, include details that would assist the Business in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
Online Acceptance
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
Arbitration & Choice of Law
You expressly agree that exclusive jurisdiction for any dispute with Heaven Beauty/HCE, or in any way relating to your use of the Site will be decided by binding arbitration. Specifically, all disputes of any kind or nature arising out of these Terms or your use of the Site, including any claim involving Heaven Beauty/HCE or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the State of Nevada, Las Vegas area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
These Terms are governed by the laws of the State of Nevada without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of the Terms and Conditions contained herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Changes to these Terms
Heaven Beauty/HCE reserves the right to modify these Terms as necessary. We will indicate the most current date of any change and encourage you to consult these Terms from time to time. Continued use of the Site indicates you accept such changes. Heaven Beauty/HCE reserves the right to discontinue or add website functionality to support the organizations’ goals.
Entire Agreement
These Terms & Conditions Notice constitute an entire agreement between parties with respect to subject matter hereof and supersede and replace all prior or contemporaneous written or oral understandings, agreements, or subject matter. Clauses shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
You agree, undertake, and confirm that you shall not host, display, upload, modify, publish, transmit, update or share any information that:
. belongs to another person and to which you do not have any right;
. information that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, related to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
. harms minors in any way;
. infringes any patent, trademark, copyright or other proprietary rights;
. violates any law in force;
. deceives or misleads addressees about the origin of any such messages or communicates any information which is grossly offensive or menacing in nature;
. impersonates others;
. contains software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any digital device;
. Threatens unity, security integrity, friendly relations with foreign states, defense, or public order, or causes incitement to commission of any cognizable offense, prevents investigation of any offense, or is insulting to any other nation.
Heaven Beauty/HCE is a registered trademark of Healthy Choice Enterprise.com. All Rights Reserved.
These Terms and Conditions were last updated, and became effective, on 22 June 2022.