Welcome to the Iman Cosmetics® Foundation, Pressed Powder website (the “Site”) owned and operated by Iman Cosmetics (“Iman Cosmetics”, “we,” “us” and/or “our”). Please read these Terms and Conditions carefully before using this Site. By accessing and using this Site, you agree to be bound by these Terms and Conditions and all applicable laws, rules and regulations. If you do not accept these Terms and Conditions, you are not authorized to access or otherwise use this Site.
USE OF SITE
The content on this Site including, without limitation, all data, text, designs, graphics, logos, slogans, interfaces, trademarks, trade names, trade dress, service marks, and other indicia is owned, controlled or licensed by Iman Cosmetics and is protected by copyright, trademark and other intellectual property rights. All materials contained on the Site are protected by United States copyright law. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written consent.
You may download content displayed on the Site for non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without our written permission. Iman Cosmetics neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties.
The Site contains links to websites operated by third parties. These links are provided solely for your reference and convenience. We do not control such third party websites and are not responsible for their availability or contents. Our inclusion of links to third party websites does not imply any endorsement of the material contained on such websites or any association with their operators.
PRODUCT INFORMATION
Iman Cosmetics attempts to be as accurate as possible when displaying product images, descriptions and pricing. However, Iman Cosmetics does not warrant that product descriptions, pricing, images or other content is accurate, complete, reliable, current or error-free. Certain weights, measures and other descriptions are approximate and are provided for convenience purposes only. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Colors displayed on your monitor may vary slightly from actual colors depending on the settings of your monitor. We attempt to display colors and product images as accurately as possible. However, we cannot guarantee that the color you see matches the product color exactly.
Some products come in packaging that make the actual product color appear differently than it is inside the packaging. We photograph the product outside of its packaging to provide the most accurate representation of the product color. Please rely on the product color name and product description for specifics on how each shade will appear.
PRICING
All prices on the Site are quoted in U.S. dollars. We make every effort to provide you with the most up-to-date pricing information. However, if the price listed for a product is incorrect due to typographical error or error in pricing information received from our suppliers, we will charge the correct price and attempt to contact you prior to processing the order. If the correct price is lower than our stated price, we will charge the lower amount and ship you the product. If the correct price is higher than the price stated on our site, we will attempt to contact you to notify you of this error. If we are unable to contact you, we will reject the order and notify you of such rejection.
Prices are subject to change without notice. Prices of products do not include shipping and handling or sales tax, if applicable, which will be added to your total at checkout prior to completing your order.
Promotions, discounts, and coupons have no cash value and cannot be returned or refunded for cash. We reserve the right to modify or cancel promotions at any time without notice.
PURCHASES AND PAYMENT
To purchase products on the Site, you must provide a valid credit card number and associated payment information including billing address. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card. If the card cannot be verified, is invalid, or is denied, your order may be suspended or cancelled automatically.
We use secure socket layer (SSL) encryption technology in order to protect certain information that you submit to us. This type of technology protects you from having your information intercepted by anyone other than us while it is being transmitted to us.
We reserve the right to refuse or cancel any order for any reason at any time, including after confirmation of receipt of payment. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit or fraud departments. We may also require additional verification or information before accepting an order.
We will charge your credit or debit card when you place your order. You agree to pay all amounts described for your order in accordance with these Terms and Conditions and authorization for payment you provided during checkout. All charges will appear on your credit or debit card statement as Iman Cosmetics.
SHIPPING
Products purchased from Iman Cosmetics will be shipped within the timeframe set forth during checkout and in the order confirmation email. We will notify you by email upon shipment of your order. Please note that product images shown on the website may vary slightly from the actual products you receive because of variations that occur during the printing and photographic process. We do not guarantee that your monitor’s display matches the colors of the actual printable product. Your printed product will be very close to what you see on your screen, but exact color matches are not guaranteed.
Title and risk of loss pass to you upon transfer to the carrier. Unless otherwise expressly set forth in the shipping policies on the Sites, we currently provide free standard ground shipping on all orders of $50 or more within the continental United States. Additional shipping charges and conditions apply for expedited delivery options and orders outside the continental United States. All shipments are F.O.B. origin.
You will receive tracking information once your order has shipped. Occasionally orders may be affected by backorder of products. We will keep you informed by email of any products affected by backorder and anticipated shipping dates. Items on backorder will be shipped as soon as they are available.
RETURNS AND REFUNDS
If you are not completely satisfied with your purchase from Iman Cosmetics, please notify us within 30 days of receipt of shipment to request a return. To be eligible for a return, products must be unused and in the original packaging. We will provide you with a pre-paid return label to attach to the package. Upon receipt of returned products, refunds will be issued to the original method of payment within approximately 5 business days.
Custom made products and gift cards are non-refundable. Products marked as final sale may not be returned or exchanged. Products must be returned in original condition with tags and stickers attached. Credit will not be issued for incomplete or used products.
You are responsible for the shipping and handling costs associated with returning your item. Shipping and handling charges are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund amount. Depending on where you live, the time it may take for your exchanged product to reach you may vary.
If you need to exchange items, simply log into your account and return your item for a refund, then place a new order.
PRODUCT REVIEWS
If you submit a product review, you grant us permission to use your review, name, hometown, and profile picture without compensation to you. We reserve the right to edit reviews prior to posting.
INTELLECTUAL PROPERTY RIGHTS
The Site content, including all information, data, text, designs, graphics, logos, slogans, interfaces, icons, trade dress, trademarks, trade names, service marks, and other indicia are owned exclusively by Iman Cosmetics. The compilation of all Site content is our exclusive property and protected by U.S. and international copyright laws. The content on the Site shall not be reproduced, copied, disseminated, published or distributed in any medium or in any manner without our prior written consent.
You may not use any data mining, robots or similar data gathering or extraction methods to catalog, download or otherwise reproduce, store or distribute content available on the Site. You may not use any proprietary frames, borders, interfaces, or trademarks of the Site without our prior written consent. You agree not to circumvent any security features of the Site or interfere with or otherwise disrupt the proper operation of the Site.
USER CONTENT
We welcome your reviews, comments, and suggestions regarding our products and the Site. By submitting any written or artistic content on the Site, you guarantee to us that you have the legal right to post that content and that it will not violate any law or the rights of any person or entity. All comments represent the views of the original poster and not necessarily the views of Iman Cosmetics. We do not endorse and have no control over content submitted by users. We reserve the right to remove any content submitted at any time without notice.
By submitting content to us, you grant Iman Cosmetics a worldwide, royalty-free, perpetual, irrevocable right to edit, publish, use, adapt, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your content. If you have any questions about our intellectual property rights practices, please contact us at [email protected].
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Iman Cosmetics and its affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your actions, content or information on the Site, your use of the Site, your connection to the Site, your violation of these Terms and Conditions, or your violation of any rights of another person or party.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR THAT YOUR USE WILL BE UNINTERRUPTED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO ACCESS THE SITE.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York. Any legal proceedings arising out of these Terms and Conditions shall be brought exclusively in the state or federal courts located in New York.
DISPUTE RESOLUTION
Any dispute arising from your use of the Site will be determined through binding arbitration rather than in court. The arbitration will be conducted by the American Arbitration Association under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATORS’ DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. BY USING THE SITE, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR OTHER REPRESENTATIVE ACTIONS.
Notwithstanding the above, we reserve the right to seek injunctive relief against you in any appropriate jurisdiction with respect to any actual or threatened infringement of our intellectual property or proprietary rights.
SEVERABILITY AND WAIVER
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. A waiver by us of any term or condition set out in these Terms and Conditions shall not be deemed a continuing waiver of such term or condition or a waiver of any other term or condition.
ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and Iman Cosmetics with respect to the use of the Site. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found to be unenforceable, the remaining terms shall remain in full force and effect.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. We will alert you to any changes by updating the “Last Updated” date at the top of this page. Any changes become effective immediately upon posting the revised Terms and Conditions. You are responsible for reviewing and becoming familiar with any updates. Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
CONTACT US
If you have any questions about these Terms and Conditions, please contact us at:
Iman Cosmetics
888-555-1212
123 Iman Way
New York, NY 10001
Effective as of January 1, 2023