Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

This Terms of Use Agreement sets forth the standards of use of the Activa Boutique Online Service. By using the activaboutique.com website you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at activaboutique.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 

Activa Boutique is providing User with an online shopping resource. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees relate with such connection.

 

THE SITE IS PROVIDED BY ACTIVA BOUTIQUE ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACTIVA BOUTIQUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED. ACTIVA BOUTIQUE SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. ACTIVA BOUTIQUE DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS OFFERED OR PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ACTIVA BOUTIQUE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY PARTICULAR RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ACTIVA BOUTIQUE SHALL NOT BE BOUND BY ANY MISTAKES OR OMISSIONS WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE, TO THE EXTENT APPLICABLE THE ABOVE-REFERENCED EXCLUSION MAY BE INAPPLICABLE OR, AT ITS OPTION, ACTIVA BOUTIQUE MAY LIMIT ITS LIABILITY FOR ANY SUCH CLAIMS TO $100 IN EACH INSTANCE AND IN THE AGGREGATE.

ALL INFORMATION PRESENTED BY ACTIVA BOUTIQUE IS INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS OFFERED FOR SALE OR PROMOTED ON THIS SITE ARE COSMETIC AND ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, TREATMENT, OR PREVENTION OF DISEASE, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. PLEASE CONSULT WITH YOUR OWN DOCTOR OR HEALTH CARE PROVIDER REGARDING ANY SUGGESTIONS OR RECOMMENDATIONS MADE ON THIS SITE.

 

SPECIAL DISCLAIMER: SPA, COSMETIC AND BEAUTY PRODUCTS

ACTIVA BOUTIQUE OFFERS ITS CUSTOMERS PRODUCTS FROM A NUMBER OF INDEPENDENT SPA AND COSMETIC PRODUCERS AND THE USE AND SELECTION OF THESE PRODUCTS AS WELL AS ANY OTHER HEALTH AND BEAUTY PRODUCTS (COLLECTIVELY "BEAUTY PRODUCTS") REQUIRES CAUTION AND CARE TO BE CERTAIN THAT ALL DIRECTIONS AND WARNINGS FROM THE PRODUCER ARE FOLLOWED AND THAT YOU ARE AWARE OF THE POSSIBILITY THAT SOME PEOPLE MAY HAVE ALLERGIC OR OTHER ADVERSE REACTIONS TO SUCH PRODUCTS. PLEASE EXERCISE CAUTION AND TEST ANY PRODUCT ON A SMALL PATCH OF SKIN BEFORE USING IT MORE EXTENSIVELY. WHILE ACTIVA BOUTIQUE WILL ATTEMPT TO PROVIDE ITS CUSTOMERS WITH ALL NECESSARY PRODUCT LABELING INFORMATION, ACTIVA BOUTIQUE IS NOT THE MANUFACTURER OF THESE PRODUCTS AND THEREFORE IS NOT RESPONSIBLE FOR ANY ALLERGIC OR ADVERSE REACTIONS OR THE FAILURE OF ANY BEAUTY PRODUCT TO MEET THE CUSTOMERS NEEDS OR REQUIREMENTS. CUSTOMERS ARE REQUIRED TO READ AND FOLLOW ALL LABEL, PACKAGING INSERTS AND INSTRUCTIONS AND ALL MANUFACTURER DIRECTIONS AND WARNINGS. FOR ALL PURPOSES Of THIS ACTIVA BOUTIQUE ONLINE SERVICE, ACTIVA BOUTIQUE MAY RELY ON ADVICE FROM THE PRODUCERS. SINCE ACTIVA BOUTIQUE DOES NOT PRODUCE THE PRODUCTS IT OFFERS FOR SALE, ACTIVA BOUTIQUE DOES NOT ACCEPT ANY LIABILITY FOR THE FAILURE OF PRODUCTS IT OFFERS TO MEET ANY SPECIFIC NEEDS OF A CUSTOMER OR FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY SUCH PRODUCTS. ACTIVA BOUTIQUE WILL, UPON WRITTEN REQUEST, SEEK TO IDENTIFY THE MANUFACTURER AND PROVIDE CUSTOMER CONTACT INFORMATION FOR THE MANUFACTURER.

 

ACTIVA BOUTIQUE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ACTIVA BOUTIQUE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ACTIVA BOUTIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

 

User agrees to indemnify and hold Activa Boutique, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.

 

Activa Boutique reserves the right to modify or discontinue the Service with or without notice to the User. Activa Boutique shall not be liable to User or any third party should Activa Boutique exercise its right to modify or discontinue the Service. User acknowledges and accepts that Activa Boutique does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Typographical Errors
In the event that an Activa Boutique product is mistakenly listed at an incorrect price, Activa Boutique reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Activa Boutique reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Activa Boutique shall issue a credit to your credit card account in the amount of the incorrect price.

7. Notice
Activa Boutique may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Activa Boutique.

 

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.

 

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Activa Boutique makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided or products mentioned on this website.

 

Our website is operated and provided in the State of New York. As such, we are subject to the laws of the State New York, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State New York.

 

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

12. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted, will all rights reserved, or is the property of Activa Boutique and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Activa Boutique is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Activa Boutique. Activa Boutique™ and activaboutique.com™ are proprietary marks of Activa Boutique. Activa Boutique’s trademarks may not be used in connection with any product or service that is not provided by Activa Boutique, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Activa Boutique. All other trademarks displayed on Activa Boutique’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Activa Boutique.

 

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ActivaBoutique.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail Activa Boutique P.O. BOX 1008 New York, NY 10014 By Email: info@activaboutique.com

 

Activa Boutique retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Activa Boutique reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

 

15. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Activa Boutique or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

16. Participation Disclaimer
Activa Boutique does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Activa Boutique is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Activa Boutique reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Activa Boutique in its sole discretion.

 

Orders shipped to addresses in the State of New York and Tennessee will have all applicable local and state sales taxes added to your total order, and to your shipping charges where appropriate.

 

We try to keep all our items in stock. However, if an item purchased is temporarily out of stock at the time of your order, you will be notified via e-mail and advised of the expected ship date. Please note that you will not be charged for any backordered item until it is shipped to you. If for any reason you wish to cancel a backordered item, please contact us via e-mail at customerservice@activaboutique.com

 

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Activa Boutique, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.