Terms of Use and Sale
Welcome to normastouch.com – Norma’s Touch Online Store (“Norma’s Touch Inc.”) provides its products and services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
This Terms of Use and Sale Agreement (this “Agreement”) is a legal agreement between you (“User”) and Norma’s Touch Inc.) that governs your use of this e-commerce website. These terms and conditions of sale (“Agreement”) are applicable to any order placed with and accepted by Norma’s Touch. By utilizing this e-commerce website, User acknowledges that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement. Norma’s Touch may amend these terms of sale at any time. User’s submission of an order at this website constitutes acceptance of the terms of sale stated at the time of order.
SCOPE OF AGREEMENT
Norma’s Touch, upon acceptance of an Order placed by User, will supply the products and services specified in the Order to User, pursuant to the terms and conditions of this Agreement and Norma’s Touch’s acceptance of such order submitted by User is expressly limited to the terms and conditions of this Agreement notwithstanding any contrary provision contained in User’s purchase orders, invoices, acknowledgments or other documents. The details of the Order (e.g. quantity, price, and product specifications) shall be set forth in the relevant Order.
PRICE AND TERMS
The prices payable by User for goods and services to be supplied by Norma’s Touch under this Agreement will be specified in the applicable Order. Unless otherwise expressly stated in an Order, all prices exclude shipping and taxes. Payment is due at time of order, products will be shipped/provided after payment is confirmed. Norma’s Touch reserves the right to withhold shipment of the Order until full payment is made/and or received. Payment terms can be changed without notice. The payment terms in effect when an order is received will apply to that order. You are encouraged to review payment terms at the time of your order.
INGREDIENTS
Norma’s Touch is dedicated to maintaining the accuracy of the ingredient lists on this website. However, because ingredients are subject to change, we cannot guarantee that these lists are complete, up-to-date and/or error-free. For an accurate listing of ingredients in each product, please refer to your product packaging.
PRODUCT DESCRIPTIONS
Norma’s Touch and its associates attempt to be as accurate as possible. However, Norma’s Touch does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Norma’s Touch is not as described, your sole remedy is to return it in unused condition.
The purchaser is prohibited from the use or reference of the Norma’s Touch brand name or any Norma’s Touch product names, titles, SKU numbers, or descriptions in any of their marketing, advertising, or promotional materials, including online, social media, videos, emails, television, radio, billboard, or in any printed materials.
DAMAGE AND SHORTAGE POLICY
All shipments are packed with great care. Orders are triple checked to ensure quality and accuracy. Any damages or shortages (including latent damages) must be reported by User to Norma’s Touch Customer Service within 48 hours of User’s receipt of shipment.
RETURNS AND REFUSALS
User must notify Norma’s Touch of all returns, refusals or other disputes within 14 days of User’s receipt of order. All returns must be pre-authorized by Norma’s Touch Customer Service and returned with an RMA Number (Return Authorization Number), provided by Norma’s Touch Customer Service.
INTELLECTUAL PROPERTY
Any and all copyrights, trademarks and trade names, commercial symbols, trade secrets, work product and information embodying proprietary data existing and owned by Norma’s Touch as of the date of the Order or made or conceived by employees, consultants, representatives or agents of Norma’s Touch during the term of this Agreement shall be and remain the sole and exclusive property of Norma’s Touch. Norma’s Touch’s trademarks and trade dress may not be used in connection with any product or service that is not Norma’s Touch’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Norma’s Touch.
GENERAL INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Norma’s Touch, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising out of your use or misuse of the Website, including but not limited to your violation of this Agreement and/or any of the warranties contained herein.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Norma’s Touch or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENSE AND SITE ACCESS
Norma’s Touch grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Norma’s Touch. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Norma’s Touch. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Norma’s Touch and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Norma’s Touch’s name or trademarks without the express written consent of Norma’s Touch. Any unauthorized use terminates the permission or license granted by Norma’s Touch. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Norma’s Touch so long as the link does not portray Norma’s Touch, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Norma’s Touch logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Norma’s Touch and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
If the site allows, visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, discriminatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Norma’s Touch reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Norma’s Touch and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Norma’s Touch and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and 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 this policy and will not cause injury to any person or entity: and that you will indemnify Norma’s Touch or its associates for all claims resulting from content you supply. Norma’s Touch has the right but not the obligation to monitor and edit or remove any activity or content. Norma’s Touch takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Norma’s Touch are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY Norma’s Touch ON AN “AS IS” AND “AS AVAILABLE” BASIS. Norma’s Touch MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Norma’s Touch DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Norma’s Touch DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Norma’s Touch ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Norma’s Touch WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Norma’s Touch, you agree that the laws of the state of Texas, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Norma’s Touch or its associates.
DISPUTES
Any dispute relating in any way to your visit to Norma’s Touch or to products you purchase through Norma’s Touch shall be submitted to confidential arbitration in Houston, Texas, except that, to the extent you have in any manner violated or threatened to violate Norma’s Touch’s intellectual property rights, Norma’s Touch may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. This Terms of Sale Agreement (this “Agreement”) is a legal agreement between you (“User”) and Norma’s Touch Inc. (“Norma’s Touch”) that governs your use of this e-commerce website.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to Norma’s Touch. We reserve the right to make changes to our site, policies, and these Terms of Use and Sale at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Terms of Use, Privacy Policy, Terms of Sale or other policy related material can be directed to our support staff by clicking on the “Contact Us” link below. Or you can email us at: info@normastouch.com