Terms & Conditions

Terms and Conditions of Farah Cosmetics International Inc.

These are the terms and conditions of all sales which appear on all invoices made by Farah Cosmetics International Inc. Farah Cosmetics International Inc. will not accept any other terms and conditions of sale, unless the buyer and Farah Cosmetics International Inc. have executed a written agreement which specifically modifies, supersedes and/or replaces these terms and conditions. Acceptance of all purchased orders is expressly made conditional upon buyer’s assent, express or implied, to the terms and conditions set forth herein without modifications or additions.

1. Sales Policies. Farah Cosmetics International Inc. does not accept responsibility for installation or assembly of any items purchased. Farah Cosmetics International Inc. is not responsible for maintenance of any of our products. Proper use and maintenance is the sole responsibility of the customer.

2. RETURN AND EXCHANGE: ALL EXCHANGES OR CREDITS ARE SUBJECT TO MANAGER’S APPROVAL BEFORE THEY ARE RETURNED AND MUST BE ACCOMPANIED BY AN RMA NUMBER. All merchandise must be returned in its original box with original packing material and must be packaged in such a manner that it will not incur damages in its return transit. Any damages to returned products are the sole responsibility of the customer and such damage claims are between the carrier and the customer. No returns will be accepted unless authorized in writing by Farah Cosmetics International Inc. There is a 20% restocking fee for unused, return merchandise. Unused product exchange is only allowed and accepted after inspection of the merchandise by Farah Cosmetics International Inc. within three months of the purchase date. No unused product returns or exchanges is allowed three months after the purchase date. Special orders cannot be return.

3. ACCEPTANCE OF INVOICES & MERCHANDISE. Buyer’s acceptance of these terms and conditions shall be indicated by any of the following, whichever occurs first: (a) Buyer’s making of an offer to purchase products from Farah Cosmetics International Inc., (b) Buyer’s written acknowledgment hereof, (c) Buyer’s acceptance of any shipment of any part of the items specified for delivery or any other acts or expression of acceptance by the buyer. Farah Cosmetics’ acceptance is expressly limited to these terms and conditions in their entirety without addition, modification, or exception of any term, condition, or proposal hereafter submitted by the buyer (whether oral or in writing) that is inconsistent with or in addition to these terms and conditions is objected to and is hereby rejected by Farah Cosmetics International Inc. Farah Cosmetics International Inc.’s silence or failure to respond to any such subsequent or different terms, conditions, or proposals shall not be deemed to be Farah Cosmetics International Inc.’s acceptance or approval thereof.

4. PRICE AND PAYMENT. Farah Cosmetics International Inc. accepts money orders, checks, and major credit cards (Visa, MasterCard, American Express, and Discover). Please make money orders and checks payable to Farah Cosmetics International Inc., 41 7th Avenue South, G/F, New York, NY 10014 U.S.A . Regarding personal checks and business checks, the order will not be shipped until the bank has cleared the check. All orders must be prepaid in U.S. dollars. There is free shipping on orders over $500.00. Minimum order is $500.00. For new accounts, please contact your local sales representative or call 1-877-343-1983 to discuss detailed information. Buyer shall bear all applicable federal municipal, state municipal, and other government taxes (such as sales, use, and similar taxes), as well as import or custom duties, license fees, and any other similar charges however designated or levied on the sale or delivery of the Products or measured by the purchase price paid for the products. Farah Cosmetics International Inc. prices set forth on the front side of the invoice do not include such taxes, fees, and charges. Exemption certificates must be presented to Farah Cosmetics International Inc. prior to shipment if they are to be honored.

5. DELIVERY. All items will be shipped via UPS ground within the continental United States. Express delivery, including overnight, next day, or two-day delivery is available for an additional charge. Please contact us for additional information if you are interested in express delivery. In-stock items are generally shipped out within 24 to 48 hours of order notification. However, this might vary depending on the volume of the order and the time the order was placed. Back ordered items will generally take two to six weeks for delivery. Please contact us if a shipment is urgent.

6. LIMITATIONS OF LIABILITY. FARAH COSMETICS INTERNATIONAL INC. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNATIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AGREEMENT TO SELL PRODUCT TO BUYER OR THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA OR FOR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF FARAH COSMETICS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

7. GENERAL. These terms and conditions shall constitute the final, complete, and exclusive agreement of the parties with respect to all sales by Farah Cosmetics International Inc. to Buyer and shall supersede all prior offers, negotiations, understandings, and agreements. Unless Buyer and Farah Cosmetics have executed a written agreement which specifically modifies, supersedes and/or replaces these terms and conditions, it is expressly agreed that no prior or contemporaneous agreement or understanding, whether written or oral, shall contradict, modify, supplement, or explain these terms and conditions. No additional or different terms or conditions, whether material or immaterial, shall become a part of any sales agreement unless expressly accepted in writing by an authorized officer of Farah Cosmetics International Inc. in the United States. Any waiver by Farah Cosmetics International Inc. of one or more of these terms and conditions or any defaults shall not constitute a waiver of the remaining terms and conditions or preclude any other exercise or enforcement of its rights. Any provision of these terms and conditions that is prohibited or not enforceable under the laws of the State of New York shall be ineffective to the extent of such prohibition or unenforceability, without impairing or invalidating the remaining provisions of these terms and conditions. All sales agreements shall be deemed made in, and shall be governed by, the laws of the State of New York. The venue for any disputes arising out of any sales agreement shall be, at Farah Cosmetics International Inc.’s sole and exclusive option, New York County, New York or the courts with proper jurisdiction at Buyer’s location. ALL SALES TRANSACTIONS EXCLUDE THE APPLICATION OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

8. *7-DAY RETURN PERIOD. All defective merchandise must be returned within 7 days from date of purchase for exchange of the same item only. The customer should return the item with receipt to Farah Cosmetics International Inc., in its original carton, in its original condition, and with all the original package, instructions, warranties, and accessories. Merchandise returned missing the above-mentioned items will not be accepted for return. No cash refund.

9. BETWEEN 7-DAY AND 30-DAY RETURN PERIOD. As the above-mentioned conditions of *7-DAY RETURN PERIOD have to be met, all the necessary delivery charges also will be demanded, and should be received before the item sent back to Farah Cosmetics International Inc. There shall be a restocking charge of 20%, plus any related costs for all standard items that are unused and approved by Farah Cosmetics International Inc. for return. Special order items are under a no cancellation, no store credit, and non-refundable policy, such as Spa Jet, Oceanna, Radiancy PRO, PDU, clearance sale or holiday promotion items, assemble items, etc. Absolutely no goods may be returned to Farah Cosmetics International Inc. for return. Absolutely no goods may be returned to Farah Cosmetics International Inc. without its consent and shipping instructions. Farah Cosmetics International Inc. will inspect all claims made under the Limited Warranty to determine the applicability of this Limited Warranty to the claim. No cash refund, store credit only.

10. DEPOSITS ARE NOT REFUNDABLE. STORE CREDIT ONLY. Installation excludes electric plumbing and carpentry. Final payment is due on delivery in cash or certified check only. Unless otherwise specified, all outstanding balances are subject to 1.5% monthly service charge. If this order is cancelled up to 2 business days from the date ordered, the entire deposit may be refundable. If cancellation occurs after 2 business days from the dated specified above, restocking charges of 30% will prevail. Rescheduling of delivery and installation may incur up to an additional $300.00 charge. Re-installation charges will be made as a result of outside contractile errors. Orders held after 30 days of scheduled delivery must be paid in full, or additional charges of 1.5% of the unpaid balance per month will be incurred. Notification of new delivery date must be arranged two weeks prior to cancellations.

11. REFUND POLICY: Merchandise purchased at regular price may be accepted for refund after Farah Cosmetics International Inc. receives a claim by writing and inspecting return merchandises within the first 30 days of the original purchase date. This policy excludes all clearance sale, special order, and holiday promotion merchandise.

12. RETURN CHECKS: There is a $ 35 fee on any returned check. This fee is taken from the original amount of the check

ALL PRODUCTS AND EQUIPMENT MUST BE INSPECTED. WE WILL NOT REPONSIBLE FOR DAMAGES OR CLAIMS FOUND AFTER DELIVERY.

If any products or equipment are damaged or defective on delivery, price of said equipment will only be deducted from C.O.D. amount until repaired or replaced, at which time payment is due. Delivery is subject to the payment provisions set forth herein and to Farah Cosmetics receipt with all necessary information and documentation from Buyer including all import certificates, exemption and/or resale certificates, licenses, and other documents as may be required from Buyer for export of the products. Buyer shall promptly notify Farah Cosmetics, in no later than two (2) business days after delivery of any claimed shortages or rejection to any delivery. Such notice shall be in writing and shall be reasonably detailed, stating the grounds for any such rejection. Failure to give any such notice within such time shall be deemed an acceptance in full of any such delivery. Farah Cosmetics International Inc. shall not be liable for any shipment delays beyond the reasonable control of Farah Cosmetics which affects Farah Cosmetics or any of Farah Cosmetics’s suppliers, including, but not limited to, delays caused by unavailability or shortages of products from Farah Cosmetics’s suppliers; natural disasters; acts of war; acts or omissions of Buyer; fire, strike, riot, or governmental interference; unavailability or shortage of materials, labor, fuel or power through normal commercial channels at customary and reasonable rates; failure or destruction of plant or equipment arising from any cause whatsoever; or transport failures.