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Term & Policy

 

PLEASE READ CAREFULLY. This “Terms of Use Agreement” specifically applies to the use of the SPA-MALL.COM website located at HTTP://SPA-MALL.COM. The website is managed under the property of INTELLIGENT BEAUTY SOLUTIONS INC. DBA SPA-MALL.COM and its associated companies, including without limitation, SPA-MALL.NET , SPA-MALL.US , SPA-MALL.TV, and SPA-MALL.COM. For purposes of these Terms and Conditions of clients, the terms “Spa-Mall.com,” “we,” “us,” and “our” refer to http://www.spa-mall.com . and, if applicable, its subsidiaries and affiliates. The terms “you” and “your” apply to you as a customer of the Spa-mall.com.  Please read these Terms & Conditions carefully since they apply each time you make a purchase or return an item at spa-mall.com. By clicking “I have read, understand, and agree to the terms of use agreement” you agree to these terms and conditions upon submitting your order.


SPA-MALL.COM reserves the right at its sole discretion to change, add or remove portions of this Terms of Use at any time. It is your responsibility to check this Terms of Use each time before using the website. Your continued use of the site following the posting of changes means that you accept and agree to the changes. You agree that all subsequent purchases will be subject to the terms and conditions of this Terms of Use. As long as you comply with this Terms of Use and any such modifications, SPA-MALL.COM grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the website.

1. Contents, Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other contents on spa-mall.com is owned or licensed to SPA-MALL.COM.  It is protected by copyright, trade dress, trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the website and no content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other media or for any commercial purpose, without SPA-MALL.COM's consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the content. SPA-MALL.COM reserves all rights not expressly granted hereunder. SPA-MALL.COM expressly disclaims all responsibility and liability for uses by you of any content obtained on or in connection with the website.

SPA-MALL.COM is a registered trademark, trademarks or service marks of INTELLIGENT BEAUTY SOLUTIONS INC. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of SPA-MALL.COM. All other trademarks or service marks are property of their respective owners. The use of any SPA-MALL.COM trademark or service mark without SPA-MALL.COM's express written consent is strictly prohibited.

2. Customer Login Accounts; Registration; Use of the Website. Certain services offered on or through the site require you to first open a My Account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activities that occur under your account. You agree to notify SPA-MALL.COM immediately of any unauthorized use of your account or password, or any other breach of security. You maybe held liable for losses incurred by SPA-MALL.COM or any other user of the site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current, and complete information about yourself and your billing information as prompted by the registration process. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy, probe, test or monitor any portion of the website or any content.   It is a violation to reproduce or circumvent the navigational structure or presentation of the website or any content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or any of the systems or networks comprising or connected to the website.

You also agree that SPA-MALL.COM may, in its sole discretion and without prior notice to you, terminate your access to the site and your My Account for any reason, including without limitation: (1) attempt to gain unauthorized access to the site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of the site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that SPA-MALL.COM will not be liable to you or to any third party for termination of your access to the Site.

3. Consent to collection, usage, and disclosure of your personal information. As described in our Privacy Policy, you must disclose certain personally identifiable information to use our site, register, and make purchases. By registering with our site or making purchases of any products and/or any transactions, you agree that you have read our privacy policy and consent to the collection, use and disclosure of your personally identifiable information, and non-personally identifiable information. Our privacy Policy's terms and conditions will change from time to time. Therefore by using any features or making any purchase, you agree that you will first review our privacy policy prior to making any initial or subsequent purchases.

While SPA-MALL.COM takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the violation of those who gain unauthorized access. We cannot warranty, express, implied, or otherwise, to prevent unauthorized access to your private information. REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SPA-MALL.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE, IN NO EVENT SHALL SPA-MALL.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION.

4. Consent To Our Communication With You By E-Mail. By establishing a My Account with us, and each time you make a purchase through our site, you grant permission for SPA-MALL.COM to contact you via your e-mail address. You can request to stop receiving our marketing emails by sending us an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. or follow the opt-out procedures set forth in such marketing emails.

5. Conditions of Sale and Payment Terms. To purchase any goods and/or services from our website, you must
A - Be at least eighteen (18) years of age or the applicable state age of majority
B - Be a natural person, corporations, partnerships or other legal entities
C - Be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). All sales of USED, DAMAGED, REFURBISHED products and services are final. All charges from those sales are nonrefundable.
Back Order: We sometimes ship direct from our manufacturers and because of the extremely limited nature of the products we sell; there will be some items are out of stock or back order. In this case, Spa mall will exercise the option to exchange to similar products for equal or higher value exchange up to 5%, depending on the total cost of the item and we keep you informed by email or phone call. We apologize for this inconvenience.

6. Methods of Payment, Credit Card Terms, and Taxes. All payments must be made by VISA, MasterCard, Discover, Paypal, and government credit cards (each of which may be removed by SPA-MALL.COM in its sole discretion). Unless expressly set forth on the SPA-MALL.COM site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card. You must refer to the card’s agreement and not this “Terms of Use” to determine your rights and liabilities as a cardholder. YOU AND NOT SPA-MALL.COM ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify SPA-MALL.COM of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If SPA-MALL.COM does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by SPA-MALL.COM or its agent. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to sales, use or value-added taxes. SPA-MALL.COM will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of Texas and any other states or localities that it deems is required.

7. Products Terms of Use and Declaration of Intent: The end user understands that certain beauty/spa product and equipments sold legally may nevertheless be used in a manner not recommended by the manufacturer generating adverse damages. REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SPA-MALL.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE, IN NO EVENT SHALL SPA-MALL.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH A MISUSE OF ANY TANGIBLE PRODUCT AND SERVICES OF SPA-MALL.COM.  The end user will only use the product, equipment, and services of SPA-MALL.COM in accordance with all applicable federal, state, and local laws.

THE END USER AGREES TO INDEMNIFY SPA-MALL.COM FOR ANY LIABILITIES, COST OR EXPENSE WHICH MAY INCUR, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES AND COURT COSTS, AS A RESULT OF MY BREACH OF THE FOREGOING DECLARATION.

End User agrees to hold SPA-MALL.COM, its owners, employees, and associates free of any claims, actions, legal and/or court fees brought against him/her in connection with any use/misuse of products ordered from this website and/or products from external sites. End User further agrees to hold and save harmless any distributor from any and all claims, liabilities, disputes and expenses such as attorney's fees from third parties resulting from improper use of the equipment furnished by distributor, including but not limited to attorney fees and court costs.

8. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. SPA-MALL.COM reserves the right at any time after receipt of your order to accept or decline your order for any reason. SPA-MALL.COM further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by SPA-MALL.COM upon our delivery of products or services that you have ordered. All orders placed over $1000.00 (USD) must obtain pre-approval with an acceptable method of payment established by our credit department. We may require additional verifications or information before accepting any order.

9. No Responsibility to sell mispriced products or services. SPA-MALL.COM shall have the right to refuse or cancel any orders placed for products and/or services listed with incorrect price, rebate or refund, and any other incorrect information or typographical errors. SPA-MALL.COM shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has been charged for the purchase and your order was canceled, SPA-MALL.COM shall immediately issue a credit to your credit card account in the amount charged.

10. Modifications to Prices or Billing Terms. SPA-MALL.COM RESERVES THE RIGHT AT ANY TIME TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

11. Service and Support for Goods Sold. All requests for technical, installation, and support service should be made directly to the manufacturer in accordance with their terms and conditions.

12. Indemnification. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SPA-MALL.COM AND ITS PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, OTHER END USERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS, AND EMPLOYEES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THIS TERMS OF USE, OR YOUR VIOLATION OF ANY LAW, REGULATION OR THIRD-PARTY RIGHT.

13. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF SPA-MALL.COM'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, SPA-MALL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SPA-MALL.COM SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.


WARRANTY:
Spa-Mall.com excludes misuse, normal wear, tear, and damages and/or negligence cause by clients.  Clients agree to perform required care and maintenance on equipment(s). Clients understand and agree that all pedicure spas, salon furniture, custom cabinets, components, and some hardware equipments are made of natural-solid wood product, laminating wood, variation in grains, and shades.  Therefore, changing colors in either their original natural forms or through any and all manufacturing processes is not covered under the warranty. As long as Spa-Mall.com uses the same material from the same supplier, Spa-Mall.com is not liable or responsible for these natural variations. It is the customer’s responsibility to assemble of equipments and furniture. Faulty hook-ups, installations, and/or assembly by someone other than a licensed contractor may void your warranty. Please refer to the manufacturer's installation manual for installation. Most furniture and pedicure spa chairs require minor assembly, mainly middle section needs to be connected to the base or legs. Warranty does not covered any light bulbs, glass, mirror, existing  waste drainage , existing hot water , existing cold water, existing electrical malfunctions after installation. The warranty does not include labor and delivery charges. All orders are warranted under the product’s manufacturer limited warranty only.  All the discount rates will not include the warranty from the distributor.  Customers requesting Spa-Mall.com’s warranty service must present in person at Spa-Mall.Com’s office to submit a Warranty Service Request form.  Spa-Mall.com has a nonrefundable $150.00 trip charge, which includes airfare and any travel fees.   Upon inspection of the service problem and no fault could be found, Spa-Mall.Com will charge a rate of no less than $65.00 per hour for all time spent on troubleshooting, servicing, and repair.  

Warranty from the manufactures: "Manufactures to supply parts only.  Any repairs during the warranty period, all freight costs to return products to Manufacture & ship back will be the responsibility of customer."
NOTE: Warranty is provided by the manufacturer and its representative directly and not by Spa Mall.com

 

14. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE WEBSITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL SPA-MALL.COM OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE SPA-MALL.COM SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SPA-MALL.COM SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF SPA-MALL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT SPA-MALL.COM SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO SPA-MALL.COM BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF SPA-MALL.COM. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

15. Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), SPA-MALL.COM will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the SPA-MALL.COM and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, SPA-MALL.COM will terminate the infringing customer's account. SPA-MALL.COM may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), SPA-MALL.COM has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. SPA-MALL.COM respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the SPA-MALL.COM website, please contact "Legal Department", via facsimile at 1-281-249-5477, or mail at:

Attn: Legal Department, SPA-MALL.COM, 10055 Belknap Dr Suite 203, Sugarland TX 77498

Any written notice describing the infringing activity must include the following information:
15.1 An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;

15.2 A description of the allegedly infringing work or material;
15.3 A description of where the allegedly infringing material is located on the site;
Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
15.4 A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
15.5 A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

16. General. No delay or failure to take action under this Terms of Use shall constitute any waiver by SPA-MALL.COM of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of SPA-MALL.COM's permitted successors and assigns. ANY CLAIM UNDER THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. THESE TERMS OF USE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO OR APPLICATION OF ANY CONFLICT OF LAWS PROVISIONS. YOU CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN HARRIS COUNTY, IN THE STATE OF TEXAS. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. SPA-MALL.COM may freely assign this Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between SPA-MALL.COM and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

 

 

 


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10055 Belknap Rd #203
Sugarland, TX 77498
Phone: 1-888-688-1878
Fax: 1-281-249-5477
Email: info@spa-mall.com