Terms of service

Effective Date: 20.09.2024

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”). YOUR USE OF THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

 

 

Introduction

The Website contains information about products and treatments authorized in the United States and is intended for a U.S. audience. Users accessing the Website from outside the United States are responsible for compliance with their local laws.

 

The Website provides general information about Alba®1913, a brand owned by ALBA THYMENT Sp. z o.o., Poland (ALBA THYMENT), and offers you the opportunity to purchase Alba®1913 products.

 

By accessing the Website, you acknowledge that you have read and understood these Terms of Service and agree to comply with the applicable laws governing your use of this Website.

 

Ownership and Acceptance of Terms

This Website is operated by GOLDWAY BEAUTY CORP (“GBC”). By using this Website, you agree to follow these Terms of Service. Your access to and usage of the Website are governed by these Terms as well as all applicable laws.

ALBA THYMENT is the owner and manufacturer of products under the Alba®1913 brand. ALBA THYMENT is responsible for all content related to Alba®1913, including images, graphics, text, and product descriptions found on the Website and in other channels of communication.

GBC reserves the right to change these Terms at any time. If we do, the updated Terms will be posted here, and your continued use of the Website means you accept the new Terms.

You must be at least 18 years of age to use this Website. The Website is not intended for children under the age of 18. If you are under 18, you may use the Website only under the supervision of a parent or guardian who agrees to these Terms of Use. If you do not meet these requirements, please do not use the Website.

 

Copyright

GBC is committed to helping ALBA THYMENT enforce its intellectual property rights to the fullest extent permitted by law. The entire contents of the Website, including but not limited to text, software, photos, videos, graphics, audio, and other materials, are protected by international copyright and trademark laws. ALBA THYMENT owns or licenses the copyrights for all content on the Website.

GBC and ALBA THYMENT commit to maintaining the accuracy and relevance of all content pertaining to the Alba®1913 brand and products. This includes ensuring all licenses and rights associated with the content are up to date and properly managed.

You may not use, modify, copy, reproduce, republish, upload, post, transmit, decompile, reverse engineer, disassemble, distribute, or otherwise exploit any of the content without the express written permission of ALBA THYMENT, except for personal and internal use as permitted by these Terms of Use.

If content is licensed from third parties, you must obtain permission from the credited copyright holder. Nothing on the Website grants you any license or right to use any of the content without explicit written permission from ALBA THYMENT. All rights not expressly granted are reserved by ALBA THYMENT. The information on the Website is provided for informational purposes only. Requests for permission to reproduce any information should be directed to ALBA THYMENT or GBC at the address provided on our website.

 

Export and Use Restrictions

You agree that you will not directly or indirectly export or allow the export of the Website or its content to any country, nor will you use the Website in violation of any applicable export laws or regulations in the U.S. or any other country.

You are responsible for ensuring that your use of the Website and its Content complies with all applicable export laws and regulations.

GBC reserves the right to cooperate with law enforcement in any investigation or prosecution related to violations of export laws or regulations.

 

Prohibited Uses

You also agree not to use the Website or its content to:

·      Restrict Others: Prevent others from using and enjoying the Website.

·      Unauthorized Access: Gain unauthorized access to other accounts or systems.

·      Excessive Information Collection: Store, collect, or disclose information beyond what is necessary for using the Website.

·      Impersonation: Misrepresent any person or entity or make false statements about content.

Additionally, you agree not to transmit or upload:

·      Unauthorized Solicitations: Spam, advertisements, or junk mail.

·      Infringing Material: Any material that infringes on third-party rights.

·      Malicious Software: Viruses or programs designed to harm or disrupt computer systems.

·      Objectionable Material: Any unlawful, abusive, or otherwise objectionable content.

 

International Data Transfers

As our company (GBC) is based in the United States, your information is primarily stored and processed in the USA. In the event that, we use third-party service providers that operate outside the United States, we take all necessary steps to ensure that any transfer of your information complies with applicable laws and provides an adequate level of protection for your personal data.

We are committed to safeguarding your information during any international transfers and ensuring compliance with relevant data protection regulations.

 

Data Security

We take appropriate measures to protect your personal data from unauthorized access, use, or disclosure. While we strive to implement and maintain reasonable security procedures and practices appropriate to the nature of the information we collect, please be aware that no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security.

We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. This includes encryption, firewalls, and access controls which are designed to safeguard the personal information we collect.

In the event of a data breach, we have procedures in place to notify affected users and relevant authorities as required by applicable law.

 

US Agent and Regulatory Compliance

ALBA THYMENT has appointed “Obelis USA LLC” as its US Agent to fulfill the requirements set forth by the Modernization of Cosmetics Regulation Act (MOCRA). ALBA THYMENT is responsible for registering its products with the FDA with the assistance of its US Agent. Additionally, ALBA THYMENT holds a Facility Establishment Identifier (FEI) number for regulatory purposes.

 

Medical Disclaimer

The information provided on the Website is not intended as medical advice and should not be interpreted as such. You should consult a qualified healthcare professional for any medical questions or concerns regarding the use of our products. No regulatory agency has deemed the products described on this Website to be effective or intended to diagnose, treat, cure, or prevent any disease.

 

You agree that any reliance on information from the Website is solely at your own risk.

 

In order to ensure product safety, we have established procedures for the collection of data regarding adverse events associated with the use of our cosmetic products. If you experience any side effects or problems related to our products, please report them to us using the following process:

·      Submit a Report: Users are encouraged to submit a report that details the adverse event experienced.

·      Contact Us: You can reach us through our customer service channels to report any concerns, we may ask you to contact our US Agent. You may also contact our US Agent directly and submit your concerns.

·      Data Collection: All reports are documented and stored securely for regulatory purposes and to inform the FDA as necessary.

·      Follow-Up: We may reach out for additional information related to your report to ensure thoroughness in our investigation.

 

Limitation of Liability

To the maximum extent permitted by law, GBC and ALBA THYMENT are not responsible for any indirect, consequential, special, or exemplary damages, including lost profits, lost data, or equipment downtime, that arise from your use of this website or inability to use its content. This applies even if we have been advised of the possibility of such damages.

 

If you are dissatisfied with the website or disagree with any part of these Terms of Use, your only remedy is to stop using the website. These limitations may not apply to you in jurisdictions where such exclusions are not permitted by law. Please check your local regulations for your rights and options.

You acknowledge that, without these limitations of liability, the Terms of Use would be materially different, and access to the website may not be granted.

 

Compliance with Laws

You agree to comply with all applicable laws and regulations related to your use of the Website. You are responsible for ensuring that your use does not violate any laws, including U.S. laws on data transmission.

GBC reserves the right to monitor your conduct on the Website but is not obligated to do so.

 

Submission of Information

Any information submitted through the Website will be treated as non-personal, non-confidential, and non-proprietary, except for personal information as defined in our Privacy Policy. You acknowledge that by submitting personal information, you agree to the terms outlined in the Privacy Policy.

If you transmit any ideas or materials through the Website, you grant GBC and ALBA THYMENT an unrestricted, royalty-free, and irrevocable license to use and distribute such materials.

GBC and ALBA THYMENT may collect and utilize non-personal data and reviews submitted by users on the Website. Such data may be used for marketing and promotional purposes across various communication channels, including those outside the United States, provided that no personally identifiable information is disclosed.

 

You retain rights to your ideas, but by submitting them, you allow GBC and ALBA THYMENT to utilize them as described.

 

Order Monitoring and Abuse Prevention

To prevent potential abuse of our policies, such as fraud and product diversion, we monitor order activity.

  • GBC reserves the right to limit or cancel any order if we determine that our policies have been abused.
  • Such determinations are made at our sole discretion and are not subject to appeal.
  • We are not obligated to disclose our reasons or methods for these actions, other than informing the customer that the order has been canceled.

 

Disclaimer of Warranties

This website, including all content, functions, materials, and information, is provided "as is" without warranties of any kind. To the fullest extent permitted by law, GBC and ALBA THYMENT disclaim all representations or warranties concerning the website and its content, including but not limited to accuracy, completeness, or compliance with local laws. If you access this website from outside Wyoming, you are solely responsible for compliance with your local laws.

GBC reserves the right to modify this website at any time, including product descriptions and prices, without any obligation to update existing content.

By using this website, you agree to these terms and accept the associated responsibilities.

 

Indemnification Agreement

You agree to indemnify, defend, and hold harmless GBC and ALBA THYMENT, along with their officers, directors, members, shareholders, employees, agents, and representatives, from any claims, costs, losses, and damages that arise from your use of the Website or any breach of these Terms of Use.

 

GBC and ALBA THYMENT have the right to take over your defense against any such claims at their own expense. You cannot settle any claims without their written consent.

 

Governing Law

These Terms of Use are governed by the laws of the State of Wyoming, without regard to conflict of law rules. GBC reserves the right to seek all available legal remedies for violations of these terms, including blocking access from particular IP addresses.

Any disputes arising from your use of the Website shall be governed by the laws of the State of Wyoming.

 

Returns and Refunds

If a product you purchase does not match the description on the Website, your sole remedy is to return the unused product to GBC for a refund of your purchase price.

  • Items in your shopping cart will display the most recent price shown on the product page.
  • Prices are updated frequently to reflect sales, limited time offers, and discounts. Please note that placing items in your cart does not reserve the displayed prices; prices are only confirmed upon placing an order.
  • Despite our best efforts, occasional mispricing may occur regarding product descriptions, pricing, or availability.
  • If you are not satisfied with your purchase due to any errors or discrepancies, you may return it following our return procedure.
  • Discounts are time-limited and cannot be combined with other offers.
  • For any questions regarding shipping, cancellations, or other order-related issues, please contact our customer service at: goldwaybeauty(at)proton.me.

 

Order Processing and Verification

For all online orders exceeding $1,000, GBC requires a valid and active billing phone number and may request phone authorization. GBC reserves the right to delay processing any orders that have not received confirmation of authorization. Additionally, GBC may hold processing for any orders until both the billing and shipping phone numbers are confirmed.

 

Contact Information

For inquiries regarding the Privacy Policy, practices of our Website, or interactions with the Website, please contact us at:

 

Alba®1913 Customer Care

Goldway Beauty Corp

5830 E 2nd St Ste 7000

Casper, WY 82609 USA

Email: goldwaybeauty(at)proton.me or contact(at)alba1913.com

 

 

Copyright 2024 © Goldway Beauty Corp, WY. All Rights Reserved. All products are shipped and scheduled for delivery within ten business days from the Order Date.