TERMS & CONDITIONS
Purchase – Related Policies: The products and services available on the web site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Accuracy of Information: We attempt to be as accurate as possible when describing our products on the web site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free.
Product Display: Please understand that we have made every effort to display the products featured our site as accurately as possible. However, the colors we use – as well as the display and color capabilities of your particular computer monitor – will greatly affect the colors you actually see on the screen. Sarah McNamara Beauty New York (“Sarah McNamara”) cannot be held responsible for the limitations of your monitor and cannot guarantee that your monitor’s display of any color, texture, or detail of actual merchandise will be accurate.
Product Availability: At Miracleskintransformer.com, we go out of our way to ensure that products presented herein are available for purchase. Occasionally, products are deleted from our product offerings. When an item featured on Miracleskintransformer.com is no longer available, we will endeavor to remove that item from the Web site.
Intellectual Property: All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the “Content”) is the property of Sarah McNamara, our affiliates, partners or licensors, and is protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Sarah McNamara, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws. Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to our office at the address specified below.
Sarah McNamara Beauty LLC
PO Box 9300
Jersey City, NJ 07303
Your Account: You may choose to register at our Website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Sarah McNamara best interests to do so.
Linking: It is strictly prohibited to link other sites with this Website without Sarah McNamara prior written permission. Sarah McNamara has no responsibility and assumes no liability for the unaffiliated sites to which it is linked, including but not limited to the content or web pages or other, products, services or materials on the site linked to the Website or posted to this Website by anyone other than Sarah McNamara. We may permit some links for convenience, but it is not an endorsement by Sarah McNamara, our affiliates or our partners of the referenced content, product, service or supplier. Please note that the rules and privacy policies of linked sites may differ from those of Sarah McNamara. and should be reviewed by you when you use the link to access the other site. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Submissions: Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission of information may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
Encrypted Transmissions: At Miracleskintransformer.com, we utilize the industry’s highest standard of data encryption, Thwarted, and positive identification technology to ensure that your online shopping experience is safe and secure. Security measures are triggered automatically with your order. Your order will be submitted only if your computer and our server are communicating in a secure mode. Security measures are employed throughout our Website, wherever you’ve been asked to submit information. We employ the industry’s most stringent security technology to encrypt sensitive information, including your contact information and credit card number.
Representations and Warranties; Limitation of Liability: THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
Fraud Protection: We reserve the right to refuse to process and order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order of our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Digital Millennium Copyright Act Notice: Sarah McNamara owns, protects and enforces copyright in its own creative materials and respects the copyright properties of others. This Website may contain materials of third parties and links to third party sites, portals and directories. As a result, materials of third parties, not owned or controlled by Sarah McNamara, are included in or linked to the Website or are stored or transmitted over Sarah McNamara. Website. To the best of Sarah McNamara, knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement, Sarah McNamara will respond expeditiously to follow the procedures specified to resolve the claim between the notifying party and the alleged infringer who provided the materials in issue, including, where applicable, removing or disabling access to materials claimed to be infringing or by removing or disabling access to links to such material. It is the policy of Sarah McNamara to terminate its relationships with third parties who repeatedly infringe the copyrights of others where such parties are known to Sarah McNamara to be repeat infringers in connection with their use of Sarah McNamara’s Website, links, or storage and communication systems and networks.
Product Pricing and Taxes: The prices displayed on this Web site are quoted in U.S. currency and as such are valid only in the United States. Prices are subject to change at any time. Sales tax will be determined by the ship-to address of the order and will automatically be added onto the order. We are required by law to apply sales tax to order (including shipping & handling) for New Jersey residents.
International Orders: Unfortunately, we are unable to process orders if you are attempting a purchase from Miracleskintransformer.com from outside the continental U.S.
Disputes: With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York.
Return Policy: Sarah McNamara will accept returns for up to 5 business days from delivery date. Prior to returning an item, please e-mail customer service for email@example.com. An authorization # must accompany all returns. Refunds will be credit to the credit card account used for purchase, but shipping & handling fees are NON-REFUNDABLE. ALL SALES ARE FINAL FOR VIP DISCOUNTED ITEMS. Please see our customer service page for shipping & handling rates. All prices on this web site are expressed in U.S. currency.
EFFECTIVE DATE: 11/18/2011
Collection of Information
Information We Collect From You
As a general policy, Sarah McNamara only collects personal information from you when you voluntarily provide it to us, such as by: (1) placing an order; (2) registering on the Website; (3) contacting us (including when you speak with our product specialists and other employees) by email, telephone or through any of the contact forms found on our website; (4) completing any surveys; and (5) requesting product samples. In connection with these activities, we may collect personal information, including, but not limited to, your name, shipping and billing addresses, e-mail address, telephone number, credit card number, credit card expiration date, other unique identifiers, and other demographic information. By making a purchase on our Website, you consent to our providing your financial information to our services providers and other third parties we determine are necessary to process your transaction, such as a credit card company or banking institution. When you provide us with information in connection with an order or otherwise sign up for our Services or provide your contact information, including an email address or telephone number in connection with such activity, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you future information about our products and services using the information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. We may supplement information you give us with information from other sources, such as information to validate or update your address, payment card or other demographic and lifestyle information.
As part of the standard operation of our Website and Internet servers, we may collect certain non-personal information from you including, but not limited to, your IP address and the domain name from which you accessed the Website. We may also use individual information we collect through web logs to send you targeted offers and other communications. In addition, we may collect information about your browsing behavior, such as the date and time you visit our Website, the areas or pages of our Website that you visit, the amount of time you spend viewing our Website, the number of times you return to our Website, and other click-stream data.
You are always free to decline cookies, but by doing so, you may not be able to use certain features on the Website or take full advantage of all of our offerings. You can configure your browser to accept all cookies, reject all cookies, erase cookies, or notify you when a cookie is set. (Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.)
We may also collect information about you through other methods, including research surveys or information we obtain from third parties, including verification services, data services, as well as public sources. We use this information to continually offer you the most value as a user of our Website and Services.
Access to Information You Provide to Us
You may access any personal information you provide to us, correct or modify any such personal information, or direct us to make no further use of your personal information. To do so, please send an email with your request by clicking here.
Use of Information
We may use the information we collect from you for any of the following purposes: (1) to fulfill your requests for certain products and services; (2) to provide you with targeted offers based on your specific requests or your stated preference to receive certain categories of offers; (3) to send you information and promotional materials and offers from our company as well as from our subsidiaries, affiliates, marketing partners, advertisers, and other third parties; (4) to deliver targeted display advertisements and offers (by matching criteria provided by our advertisers with information collected from our visitors); (5) to enable our marketing partners, advertisers, and other third parties to communicate with individuals; (6) to contact visitors of our Website when necessary; (7) to help address problems with our Website or Services; (8) to administer our Website; (9) to conduct internal reviews of our Website (for example, to determine the number of visitors to specific pages within the Website); (10) to help us better understand visitors’ use of our Website; (11) to protect the security or integrity of our Website; and (12) for customer service. Non-personal information may be used for these purposes as well to monitor our Website, provide a greater online experience for our visitors, identify the source of orders and obtain accurate aggregate demographic usage patterns.
Disclosure of Information
If you prefer not to receive electronic promotional communications, you can opt-out by following the unsubscribe instructions included in each communication You may remove your information from our database so as not to receive future promotional communications from us or to close your account or opt out of our sharing information with third parties for marketing purposes by emailing us at firstname.lastname@example.org or sending mail to the following address:
Sarah McNamara Beauty LLC
PO Box 9300
Jersey City, NJ 07303
Please note, changes may not be effective immediately. In each event, you must clearly indicate the information that you wish to have changed or clearly indicate that you wish to have your personally identifiable information removed from our database. We will endeavor to comply with your request as soon as reasonably possible. Note that despite any request for removal of or change to personally identifiable information, we may need to retain certain information for recordkeeping purposes and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. Finally, we are not responsible for informing third parties (including without limitation our third party service providers or strategic partners) with whom we have already shared your personally identifiable information of any changes requested pursuant to this section, or for removing information from or causing information to be removed from the databases or records of such entities.
Sarah McNamara features security measures designed to protect against the loss, misuse or alteration of information placed under our control. We maintain physical, electronic, contractual, and managerial steps designed to safeguard and secure the information we collect from visitors to our Website. Our servers have been enabled with Secure Socket Layer (SSL) technology to help prevent unauthorized parties from viewing your non-public personal information that you give or access during a secure session. However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your information, we cannot warrant or ensure the security of any information you provides to us.
We do not direct our Website to, nor do we knowingly collect any personal information from, children under eighteen.
Third Party Websites
In the event that we, or any of our businesses, are sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, personally identifiable information of visitors to our Site and customers may be one of the assets sold or merged in connection with that transaction. Personal information may also need to be disclosed in connection with a commercial transaction where we or any one of our businesses are seeking financing, investment, support or funding. In such transactions, personal information may be one of the transferred assets.
Please relay any questions you may have pertaining our above stated policies to our Customer Service Department via email by clicking here or by calling 1-800-845-1645 (Monday – Sunday from 9am – 5pm US EST) or sending a letter to:
Sarah McNamara, LLC
PO Box 9300
Jersey City, NJ 07303
Attn: Customer Relations and Compliance