GENERAL CONDITIONS OF SALE
Article 1: DEFINITIONS AND PURPOSE
Article 1.1: General
Use of this Site is limited to persons who are eighteen years of age or older. If User is not eighteen years of age or older, then User is not permitted to use the Site.
Article 1.2: Definitions
NUXE, Inc.: means Nuxe, Inc., with an address at:
2001 Tyler Street Suite 211
Hollywood, FL 33020
PRODUCT(S): means the goods marketed by Nuxe, Inc. and offered for sale on the Site.
ORDER: means an order placed by User for Products, as further described herein.
PARTY or PARTIES: means jointly or separately User and/or Nuxe, Inc.
SITE: means this website located at “us.nuxe.com” on which Products are presented and sold to User.
USER: means (i) anyone viewing or using the Site; and, (ii) anyone placing an Order.
Article 1.4: Communicating electronically
User’s visiting the Site and sending and receiving emails is communicating electronically. User consents to send and receive communications to and from Nuxe, Inc. electronically. Nuxe, Inc. may communicate with User by e-mail or by posting notices on the Site. User consents and agrees that all agreements, notices, disclosures and other communications provided by the Site satisfy any legal requirement that such communications be in writing.
Article 1.5: Creation of an account
Prior to placing an Order, User will be asked to create an account by entering User’s email address and password, shipping address and providing other information. User agrees to provide truthful and accurate information and to keep such information up to date.
Article 2 : PROVISIONS SPECIFIC TO THE SALE OF PRODUCTS ON WEBSITE
Article 2.1: Placing orders
Completing an online Order activates:
- First: a confirmation and Order summary sent to User by Nuxe, Inc. via email.
- Second: a shipping confirmation Order sent to User by Nuxe, Inc. via email.
- Third: Products delivered by Nuxe, Inc., by mail to the address specified by User at the time he/she placed the Order.
Once your order has shipped, you will receive a Shipment Confirmation Email with your tracking number
Article 2.2: Product availability
Prior to placing an Order, User may directly review on the Site the essential characteristics of the Product(s) User wants to Order. User may obtain additional information at: email@example.com. In the event Products are unavailable after an Order has been placed, User shall be informed as soon as possible. User will then be offered a choice of changing or canceling Order. User’s credit card will be charged at the time of order.
Article 2.3: Order cancellations
User may cancel an Order prior to processing by Nuxe, Inc. User should send cancellations by email at firstname.lastname@example.org. If User cancels an Order prior to processing, a refund will be made to User within 72 hours of Nuxe, Inc.’s confirmation of the cancellation. If order is already being processed by the warehouse, Nuxe won’t be able to cancel the order.
Article 2.4: Loyalty program & e-coupon - DISCONTINUED EFFECTIVE APRIL 22, 2017.
Effective April 22, 2017, Nuxe will no longer be accepting orders for Products from Users located in the United States. On April 22, 2017 all Flower Points and e-Coupons will expire and be without any further effect. Users must use all Flower Points and e-Coupons prior to April 22, 2017 in order to avoid loss of Flower Points or e-Coupons. For Flower Points and e-Coupons which are held prior to April 22, 2017, the following shall apply:
Orders placed on the Site prior to April 22, 2017 are eligible for loyalty points at no additional charge which are convertible into savings in the form of an e-Coupon, which are earned, redeemed and to be used according to conditions for future purchases on this Site.
Points earned through the program may also be called “Flower Points” on the Site. Loyalty points will be released and added to the User’s account at the time of shipment of the Products. User earns 10 loyalty points upon registration and creation of user account. Loyalty points can be redeemed for e-Coupons according to three denominations:
- 100 points = $10 as an e-Coupon with promotional code
- 200 points = $25 as an e-Coupon with promotional code
- 500 points = $75 as an e-Coupon with promotional code
e-Coupons may be redeemed on your purchase of Products on the Site by entering the promotional code given at the time of conversion. e-Coupons and loyalty points have no monetary value, cannot be redeemed for cash or anything else of value, cannot be sold, transferred or assigned and can only be used for online purchases at the Site prior to April 22, 2017, after which time they will expire and be without any further value whatsoever.
Loyalty point calculation is done on the subtotal of Product totals actually paid by User after entering promo codes, e-Coupons codes, discounts, etc. No loyalty points are awarded on taxes, shipping, handling, discounts, application of promo codes, e-Coupon codes, unpaid balances, etc. Nuxe, Inc. reserves the right to calculate all loyalty points. An e-Coupon code can only be used once.
e-Coupons are issued by Nuxe, Inc. in the State of Florida and are governed by Florida’s internal laws.
Article 2.5: Orders
Notwithstanding the foregoing, Nuxe, Inc. reserves the right to cancel any Order from a User with whom there is a prior payment dispute or any other legitimate cause thereof, in particular, an irregular Order.
At any time User may track User’s Order in its NUXE & Me Account at the following address https://us.nuxe.com/en/my-orders
Article 2.6: Prices
Products prices are expressed in U.S. Dollars and exclude taxes, shipping, handling and other charges. Local taxes and shipping & handling costs vary depending on User's choice, i.e.: $5.00 for FedEx Smartpost, or $15 for FedEx 2nd Day Air, or $20 for FedEx Overnight. Said amount shall be applied and listed on the final confirmation Order by User. For any Order greater or equal to $50.00, User qualifies for free shipping & handling for FedEx Smartpost. Products remain the property of Nuxe, Inc. until paid in full. Any promotional offers are valid as long as an Order is placed while such promotion is still advertised on the Site.
Article 2.7: Sales tax
Products that are shipped to customers in Florida or other states imposing a sales tax on the sale of Products will be subject to sales tax at the appropriate state and local rate. User is responsible for all applicable sales and use taxes.
Article 2.8: Gift box
A Gift Box is available during the ordering process based on available stocks. In case User selects such a Gift Box (by clicking the appropriate box) the Gift Box will be offered free of charge and shipped with the rest of the order.
Article 2.9: Payment
Order payment takes place online on the Site via a payment card (debit card, Visa, MasterCard or American Express). If purchasing one or more Products on the Site, User indicates directly in the fields provided for this purpose: the card number, expiration date and security code on the back of the card. The entire amount of the Order will be charged to the bank card the day of the Order. Nuxe, Inc. has the right to suspend any Order and any delivery for non-payment or credit card authorization decline from certified financial institutions. Nuxe, Inc. has the right to refuse or honor an Order from a User who has not paid all or part of a previous Order or with whom a payment dispute is pending. Nuxe, Inc. cannot be held responsible for any misuse or fraudulent use of any means of payment that are not detected by the verification procedure of the credit card merchant, if any. User guarantees Nuxe, Inc. that User has the necessary authority to use the payment method User chooses for User’s Order. Any fraudulent use of credit card will not result in a refund by Nuxe, Inc. and will be handled according to the terms and policies of the credit card merchant. Product(s) remain the property of Nuxe, Inc. until paid in full.
Article 2.10: Pre-orders
In case of pre-Orders, such Order may be invoiced when the Order is placed, or such later time (e.g. shipment), as Nuxe, Inc. may determine. When User selects a “pre-sale” item, the Product(s) will be delivered on the delivery date specified on User’s Order confirmation page within a time frame corresponding to the delivery method chosen by User. If the pre-sale Product is part of the same Order containing available products, then (i) the entire Order will be charged when placed; and, (ii) the available Products shall be delivered first and the pre-sale Product will be delivered later.
Article 2.11: Shipping and delivery
Nuxe, Inc. agrees to ship the Order within 4 business days (excluding holidays) after payment is approved by User’s credit card merchant or bank and delivery may take up to 10 working days, depending on User's delivery choice. Please note that most orders are shipped 24-48 hours within receipt of order and are shipped Monday through Friday.
Delivery Method are offered to User during the Order process and delivery will be made utilizing that method at the delivery address specified by User at time of Order. Nuxe, Inc. cannot be held responsible for late delivery due to carrier’s delay. Any incorrect or missing information in User's delivery address and identity releases Nuxe, Inc. of the responsibility for the delivery.
Your order will be prepared at the logistics center located in Milwaukee, WI. Your order should reach you within 1 to 10 business days.
The following shipping methods are available from us.nuxe.com:
Free shipping on any order over $50.00!
5 to 10 business days
FedEx Home Delivery
3 to 6 business days
FedEx 2nd Day Air
2 business days
1 business day
Nuxe, Inc. uses U.S. Postal Service® for final delivery by FedEx SmartPost in order to be able to reach every U.S. address, including P.O. boxes and military APO, FPO and DPO destinations.
However, please note that this shipping method is made without requested signature. So please choose a shipping address where someone would be present to receive your package for you. If you wish a requested signature, please choose our other Standard Shipping Method: FedEx Home Delivery for $ 7.00. Free over $70.00.
All other orders will be shipped on the day that credit approval and/or other verifications are completed, unless the same takes place after 3 pm Eastern/12 pm Pacific, in which case the order will be shipped on the following business day.
Shipping fees are not eligible toward rewards programs or promotions.
Article 2.12: US & territories only, order restrictions
At this time, we can accept only orders that are billed and shipped to locations in the United States. We are able to ship to:
- USA 50 states, including Alaska and Hawaii;
- USA P.O. boxes, APO, FPO and DPO destinations;
- Puerto Rico;
- U.S. Virgin Islands; and
- All other U.S. territories.
If User desires additional information about sales in other countries, please contact: email@example.com.
Express Shipping methods (Overnight or 2nd Day service) are not available for certain locations in Alaska and Hawaii and the U.S. Territories. Orders being shipped to P.O. Box and APO/FPO addresses must be sent via standard shipping method.
Please note that orders are shipped and delivered on business days (Monday through Friday, except major holidays).
If you have any questions concerning the shipment of your order, please contact us via email at firstname.lastname@example.org
Article 3: RETURNS, DAMAGED OR DEFECTIVE PRODUCTS
Article 3.1: General return policy
Except for Discount Items, User may return the unused portion of any Products purchased at www.us.nuxe.com without penalty and for any reason, within thirty (30) days after delivery of the Product. Items that were purchased during promotional offers of a 30% or more discount (“Discount Items”) are sold “as-is” and are not eligible for a refund or a return. Refunds will be made only if Products are returned to Nuxe, Inc. in the original packaging. Those Products that are purchased at a physical store location or from other websites are subject to the return policies of the place where purchased and are not eligible for a refund if returned to Nuxe, Inc. as provided in this Site.
If your order included a free Gift with Purchase, please include it with your return to receive a refund on your order. Unfortunately orders shipped back without their free gifts will not receive a refund. Feel free to keep your 3 free samples should you decide to return any purchase.
In case of a damaged, defective, or incorrect item, please contact our customer service center by email at email@example.com within 24 hours following the delivery of the product(s)
Article 3.2: Allergy or defective product
If within 30 days, your Product is found to be defective or cause any skin sensitivity, you may return your Product for a full refund by requesting a “return merchandise authorization” (“RMA”) to NUXE Customer Service by simply sending an email to firstname.lastname@example.org including:
- The original order number stated on the original invoice; and
- User’s reason for requesting an RMA.
Nuxe, Inc. will reply within 6 business days with an RMA email to the email address listed in the User’s account information. The RMA email will contain a shipping label and other instructions. The returned Product must be received by Nuxe, Inc. within fifteen (15) days from the date of the issuance of the RMA in order to be eligible to receive a refund. Products that are received by Nuxe, Inc. after said fifteen (15) day period will not be eligible for a refund and will be returned to User. The Products should be returned along with a printed copy of the RMA inside the shipping box or envelope.
Unless indicated otherwise in the RMA, returned Products should be sent to:
NUXE, Inc. - RETURNS
4001 W Green Tree Rd
Milwaukee, WI 53209
Article 3.3: Missing products & shipping damage
Upon receipt of an Order with damaged or missing goods or if the package has been opened, User must register all reservations and complaints with the carrier or refuse the package if it is likely to have been opened or damaged. If discovered later, then User must notify Nuxe, Inc. within 24 hours from the time and date of delivery of the non-conforming Order. User must report the incident to the Customer Service email@example.com. After expiration of said 24 hour period, User will have conclusively deemed to have accepted the Product(s) and is satisfied with their condition and quantity.
Article 3.4: Lost, stolen or misdelivered shipments & signature required
Nuxe, Inc. is not responsible for lost, stolen or misdelivered Orders unless User selects a method of shipment that does require the carrier to obtain a signature at the time of delivery. If User selects a method of shipment that does not require a signature at the time of delivery, User agrees to look solely to the carrier for resolution of lost, stolen or misdelivered Orders.
Article 3.5: Refunds
If eligible for refund as provided above, refunds for timely returned Products will be made in the same manner as paid within 72 hours from receipt, process and confirmation of the returned Products. The initial shipping costs will not be refunded. User will receive:
- The full purchase price of the Product; plus
- Sales Taxes paid, if any.
Refunds are made to the original form of payment, with the exception of electronic e-Coupon, in which case a new e-Coupon Certificate will be emailed to the original recipient.
Article 4: LIMITATION OF LIABILITY AND WAIVER
Article 4.1: Limitation of liability
USER AGREES AND ACKNOWLEDGES THAT USER’S USE OF THE SITE IS AT USER’S OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO USER FREE OF CHARGE. USER ACKNOWLEDGES AND AGREE THAT USER ASSUMES ALL RISKS OF USING THE SITE AND FULL RESPONSIBILITY FOR USER’S USE OF THE SITE. USER AGREES AND ACKNOWLEDGES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL NUXE, INC. OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (I) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF NUXE, INC. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE ACTIONS OF THE SITE.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES OR JURISDICTIONS, NUXE, INC.’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Article 4.2: Waiver of claims after one year
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Article 5: MISCELLANEOUS
Article 5.1: Intellectual property
“Nuxe”™ and its logos along with all other trademarks used in the Site are the registered intellectual property of Nuxe, Inc. (collectively, “Trademarks”) unless indicated otherwise. All of the photographs, images, illustrations, texts, slogans, videos, text and other elements appearing on the Site are the exclusive property of Nuxe, Inc. (collectively, “Content”). Any reproduction and/or integral or partial representation, use, adaptation or alteration of any Trademark or Content, or any one of their components in any medium whatsoever, in any form whatsoever, for any other purpose including commercial exploitation is expressly prohibited. The creation of hypertext links to the Site can be made only with the prior written approval of Nuxe, Inc“Nuxe”™ and its logos along with all other trademarks used in the Site are the registered intellectual property of Nuxe, Inc. (collectively, “Trademarks”) unless indicated otherwise. All of the photographs, images, illustrations, texts, slogans, videos, text and other elements appearing on the Site are the exclusive property of Nuxe, Inc. (collectively, “Content”). Any reproduction and/or integral or partial representation, use, adaptation or alteration of any Trademark or Content, or any one of their components in any medium whatsoever, in any form whatsoever, for any other purpose including commercial exploitation is expressly prohibited. The creation of hypertext links to the Site can be made only with the prior written approval of Nuxe, Inc.
Article 5.2: Dispute resolution
Article 5.3: User's conduct and obligations
User is responsible to keep usernames and passwords safe and secure. User is responsible for all of User’s activity in connection with the Site and for all activity in connection with User’s user name and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s right to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Site user. User is expressly prohibited from using the Site to violate the security of any computer network, transmit viruses, trojans, worms or other malware, crack passwords or security encryption codes, transfer or store illegal material including any material that is deemed threatening or obscene, or engage in any kind of illegal activity. User may not run mail list, Listserv, any form of auto-responder, excessive email or “spam” on the Site. User further agree to refrain from making any attempt to harvest or otherwise collect or compile information about others, including e-mail addresses or personal data, without their consent.
Article 5.4: Contests
From time to time, Nuxe, Inc. may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the page offering the promotion.
Article 5.5: Site content
User acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Nuxe, Inc. owns a copyright in the Site’s “look and feel” as well as its Content. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Article 5.6: Rights of NUXE, Inc.
Nuxe, Inc. may monitor areas of the Site by electronic or other means and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights of Nuxe, Inc. or its affiliates, vendors, suppliers, etc.
Article 5.7: Links to third party sites
This Site may include links to a third party's web site which cause User to leave the Site. User uses these links to third party’s sites at User’s own risk. Nuxe, Inc. is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
Article 5.8: Applicable law
Article 5.9: No third party beneficiaries
Article 5.10: No waiver
The failure of Nuxe, Inc. at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Nuxe, Inc.
Article 5.11: No entire agreement
Article 5.12: Conflict with emails, invoices, etc.
Article 5.13: Severability
Article 5.14: No jury trial
THE PARTIES HEREBY WAIVE ANY RIGHT TO HAVE ANY CLAIM TRIED IN A JURY TRIAL.
Article 5.15: Infringement notification
If User believes in good faith that materials hosted on this Site infringe buyer’s copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Nuxe, Inc. that User’s copyrighted material has been infringed. Please provide the following information in the following format:
- (a) A clear identification of the copyrighted work User claim was infringed.
- (b) A clear identification of the material User claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site.
- (c) User’s contact information so that Nuxe, Inc. can reply to User’s complaint, including an email address and telephone number.
- (d) Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- (e) Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
- (f) The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on this Site should be emailed or mailed to:
2001 Tyler Street Suite 211
Hollywood, FL 33020
Nuxe, Inc., Attn: Legal Department,
User may be liable for damages (including costs and attorney’s fees) for false claims of copyright infringement.
Copyrighted-all rights and claims reserved by Nuxe, Inc.