Terms and Conditions

Last updated June 5th 2019

OVERVIEW

Welcome to Particleforemen.com (the “Website”). Particle Ltd. (referred to as “Particle”, “our”, “we” or “us” in these Terms & Conditions). Particle provide website features and content and offer for sell our products and services to you when you visit, use or shop at our Website (collectively, the “Services”).

Particle provides the Services subject to the following conditions (referred to as “Terms and Conditions”, “Terms”, Terms of Service” or “Conditions”). The Terms include those additional terms and conditions and policies referenced herein and/or available by hyperlink.

United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use

BY USING THE SERVICES, YOU AGREE TO THESE CONDITIONS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR WEBSITE.

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Website.  If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Website. Our Website is not intended for use by children under the age of 13, if you are under 13 years old, and despite the foregoing browse our Website, you may not provide personal data to us, make a purchase on the Website nor register to our newsletter or on the Website.

PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST PARTICLE AND ITS AFFILIATES ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

PLEASE ALSO NOTE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THESE TERMS OF USE

  1. PRIVACY

Please review our Privacy Policy for details about our personal data practices.

  1. ORDERS, PURCHASES AND OTHER SALE TERMS

All orders or purchases made through the Website are subject to our acceptance, which is in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any order or purchase, whether or not the order or purchase has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.

In addition, in our sole discretion, we may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide, true, current, complete and accurate purchase and account information for all purchases made at our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  1. MODIFICATIONS TO PRODUCTS, SERVICES AND PRICES

Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

Certain products or services may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

 

  1. RETURNS POLICY

We provide a 30 day money back guarantee if you are not satisfied with the product for any reason. Simply email us at support@particleformen.com with the reason you want to be refunded and we’ll provide you with a refund.

You can choose to receive store credit for your return, or have the original payment method refunded. Any associated return shipping costs will be deducted from the refund amount.

 

  1. DELIVERY AND SHIPMENT
Location Cost Shipping Timeframe
USA Free 2-3 Business days
International $9 3-5 Business days

All purchases are subject to bank authorization prior to processing. Only authorized purchases will be processed and shipped.

 

Orders are shipped on business days (Monday – Friday, excluding major holidays) and depend on product availability. The shipping time frames published above are an estimate only for the most up-to-date delivery information once your order has been shipped, please refer to the tracking information in your email confirmation.

 

All purchases are subject to bank authorization prior to processing. Only authorized purchases will be processed and shipped

 

FORWARDING COMPNIES

Particle is not responsible for damage, defect, material difference, or loss that occurs to goods delivered to a forwarding company. If you choose to use a forwarding company, we recommend requesting the forwarder refuse any packages that arrive damaged. If a package is lost or damaged after being received by the freight forwarder, it is the responsibility of the freight forwarder.

  1. ELECTRONIC COMMUNICATIONS

When you use Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. COPYRIGHT AND TRADEMARKS

All content included in or made available through our Website, such as text, graphics, logos, button icons, images, audio and video clips, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, ”look and feel” and arrangement of the Website is the property of Particle or its business partners and suppliers and protected by United States and international copyright laws.

You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not without Particles express prior written consent:

  • Republish material from this Website;
  • Sell, rent or sub-license material from the website;
  • Show any material from the website in public;
  • Reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
  • Edit or otherwise modify any material on the website; or
  • Redistribute material from this website.

Trademarks may not be used in connection with any product or service that is not Particle’s, in any manner that is likely to cause confusion among customers, or in any  manner that disparages or discredits Particle. All other trademarks not owned by Particle that appear on the Website are the property of their respective owners.

 

  1. ACCEPTABLE USE

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content or our products:

  1. in a commercial manner, including by distributing or reselling our products.
  2. in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, other websites, or the Internet or access any part of the Website without authority;
  3. in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  4. to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  5. to collect or track the personal information of others or to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting, spaming, phishing, pharming, pretext, spidering, or crawling) on or in relation to this Website;
  6. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  7. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  8. to submit false or misleading information;
  9. for any obscene or immoral purpose;
  10. for any purposes related to marketing without Particle’s express written consent.

 

We reserve the right to terminate your use of the Services or Website for violating any of the prohibited uses.

 

  1. RESTRICTED ACCESS

Access to certain areas of this website may be restricted. Particle reserves the right to restrict access to other areas of this website, or indeed this entire Website, at Particle’s discretion.

If Particle provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Particle may revoke any permission given to access such restricted areas a or the entire Website in Particle’s sole discretion without notice or explanation.

  1. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  1. USER CONTENT, REVIEWS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send, reviews requests, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or the Website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

  1. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on the Website, should be taken to indicate that all information in the Services or on the Website has been modified or updated.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT

We respect the intellectual property rights of others, and require that the people who use the Webiste and products do the same. We may terminate the privileges of users who infringers of intellectual property rights. If you are a copyright owner and believe that any content posted on the Website infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our DMCA designated copyright agent for notice of claims of copyright infringement on the Site is our General Counsel, who can be reached as follows:

Particle Aesthetic Science Ltd.

Attn: Legal Department

1397 2nd ave, #133

New York, NY 10021, United States

support@particleformen.com

 

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL PARTICLE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Particle and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

  1. BINDING ARBITRATION AGREEMENT

As used in this section, “Arbitration Provisions” refers to the provisions under this section entitled “Binding Arbitration Agreement.”

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

  1. Scope of the Arbitration Agreement.Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and Particle agree that any dispute between you and us concerning or arising in any way out of your use of or a purchase from the Website, these Terms of Use, any product or service, and any advertising, promotion, or other communications between you and Particle, shall be resolved through binding individual arbitration. Both you and Particle understand and agree that we are waiving our right to sue or go to court to assert or defend our rights. However, either you or Particle may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Particle, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
  2. Informal Dispute Resolution.Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and Particle agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
  3. How Arbitration Works.Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by these Arbitration Provisions.
    1. To file an arbitration demand and review the AAA Rules, you can go to the AAA’s website www.adr.org, or call the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Particle agree otherwise, including to conduct of arbitration by telephone or videoconference, any arbitration hearing shall take place in ____________________________.
  4. WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS.All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer.
    1. You and Particle also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Particle hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
  5. Intellectual Property Disputes.If you have in any manner violated or threatened to violate any of Particel’s intellectual property rights, we may bring suit in any state or federal court in the State of California. You consent to exclusive jurisdiction and venue in these courts.
  1. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@particleformen.com