Conditions of Product and Website Use; Legal Matters; and Safety
The Legal Stuff...we know, we know...but we have to include it here...
1. The Right To Refuse Service and Ban Accounts
As an online business, providing products and services to the general public, we have the right to refuse service to customers and ban those customers who bring forward abuse and threat toward our staff.
There is a legitimate reason to refuse service and ban a customer, one of which includes:
- Consumers who are unreasonably rowdy or causing trouble, who, in most cases, present abuse or threats to our staff's welfare, well-being, and the store itself.
2. Health Caution:
Utilizing false eyelashes are an alternative to apply costume eyewear over existing natural eyelashes. Each person’s body is unique, and the effects of using these products may manifest different effects. If you feel that these products do not respond well to or with your current health, please seek a medical professional for a professional opinion, and refrain from using these products immediately. Additionally, please conduct due diligence prior to the use of these products, and, seek medical advice prior to use. Thank you.
3. Alternative Dispute Resolution (ADR) Clause
Before seeking the ADR process, each consumer must read and understand the provisions and publications of the United States Food and Drug Administration, which exist in, but are not limited to, the Department of Health & Human Services, available from http://www.fda.gov/, and any appropriate rules and regulations outlined by United States Law. Any action that constitutes to criminal activity or discrimination will not be tolerated or resolved through ADR, and will be addressed by appropriate governing laws of the United States of America. This clause addresses seller and buyer disputes and shall never supersede the policies or governing laws of the United States of America.
EyeLuv.me is set to provide false eyelashes, or eyelash accessories to buyers/consumers. If consumer actions leading to disputes negatively affect EyeLuv.me's business, or normal day-to-day operations, or delay the progress of time-sensitive operations, consumers will agree to immediately submit to resolve any disputes through a binding ADR process known as Mediation arbitration (Medarb).
To respect the privacy of the seller/s or buyer/s, Medarb will not occur publicly, but will be held through telephone or personal e-mail correspondence. Additionally, a consumer’s friend or family member may not be appointed as mediators/arbitrators.
Requirements for ADR through Medarb
Medarb will occur if any consumer can identify that the seller has failed to: 1) meet EyeLuv.me business practices, or 2) Misrepresented information contained within the Web Site: http://www.EyeLuv.me. The Medarb Process supersedes any probable litigation process brought forward by any consumer/s.
Time Sensitivity and Costs
This process considers each member’s (Seller/s and Buyer/s) time, seeks to minimize the cost of time, may involve monetary costs rested upon the consumer, and may, or present the requirement of monetary awards determined by the buyer or seller. Monetary rewards cannot reach over a consumer's paid amount for any purchase.
In any attempt to resolve an issue or dispute through any process, Buyers or Consumers may not, in any way, shape, or form, pose derogatory comments in any public forum.
ADR Medarb Procedure
A. The administrator of the case will always be a third party determined by EyeLuv.me or the buyer/seller, and must be mutually approved by both parties.
B. A demand for Medarb and the document below must be submitted to a third party mediator as defined in Section. A. above, for Medarb consideration.
C. Please refer to the document below for Medarb processes, timeline, and information.
Mediation Arbitration (Medarb): The arbitrator begins by attempting to negotiate between the two parties. If the arbitrator is unable to reach a settlement, the case proceeds to arbitration with the same party serving as the arbitrator. Medarb processes will occur 24 hours after the disagreement is escalated to a dispute.
To: (Consumer Name)
Store Name: (EyeLuv.me)
Consumer made the purchase from: (name of store or web site).
The named consumer___________________, dated ______________, is providing for Medarb under the Learning Team’s Arbitration Rules, hereby demands arbitration there under.
This is a dispute between this Website and Consumer: (Mark an “X”) Yes ____ No _____
Nature of the dispute
Claim or Relief Sought:
Hearing Locale Requested
You are hereby notified that the copies of our Mediation Arbitration Agreement and this demand for Mediation Arbitration will be submitted to a predetermined Mediator
Name of Claimant:
E-Signature (Full Name)
Purchased from: (Store name or web site)
Requested Date and Time of Hearing
Time: (Mark an “X” by the time)
8 am – 12 pm
12 pm – 4 pm
4 pm – 8 pm
The Consumer must choose a time. The date and time must be mutually agreed upon.
Example of process and timeline: (example 8 am – 12 pm)
- From 8 am – 9 am, each party must submit their supporting evidence and opening statement to the Mediator.
- 9 am – 11 am: Once received, the Mediator will review the evidence, respond to each party detailing that he/she has reviewed the evidence, and attempt to seek a resolution through mediation. If mediation cannot resolve the issue, Arbitration will follow the timeline below.
- From 11 am to 12 pm, both parties are encouraged to submit a closing statement; however, one is not required.
- The Mediator will make a decision within 24 hours after a closing statement is received.
To begin proceedings, please send a copy of this demand and arbitration agreement to the web site owner.
The consumer respondent must enter a preferred Hearing Date and Time and answering statement:
(Must be within 24 hours after a notice from a Mediator is received)
The Requested Time of Hearing must correspond to the times mentioned above.