Terms and Conditions
Please read these terms carefully before using our website. Use of this website indicates your acceptance of these terms.
Every care has been taken to ensure that descriptions and prices are correct. We reserve the right to amend prices in the event of a change in VAT, in duty or international pricing. Please note that there may be some variation in the colour of goods shown on the website due to the limitations of photographic and web processes and we cannot be held responsible for any variations in colour that may arise caused by your browser or computer software.
myvanna.com maintains this site and all the information, communications, software, scripting, photos, text, graphics, images and other materials and services found on the site (collectively "Content"), for the use of its customers, employees, and members of the general public.
Acceptance of Contract Terms
If you do not agree to these terms, please do not use our site.
myvanna.com is controlled and operated in whole or in part by the website owner from its offices within the United States. By accessing the Web Site, you agree that the statutes and laws of the United States and the State of Minnesota, without regard to conflicts of laws, will apply to all matters relating to use of the website, and you agree that any litigation relating in any way to the use of the website shall be subject to the jurisdiction of the state or federal courts in Minneapolis, Minnesota.
Those who access myvanna.com from other locations do so at their own risk and are responsible for compliance with applicable local laws. The website owner makes no representation that the Content in the site is appropriate or available for use in other locations or that access to it from outside the U.S.A. is legal. As a condition of your use of the site, you warrant to myvanna.com that you will not use the site for any purpose that is unlawful or prohibited by the terms, conditions, and notices contained herein. You shall not, at any time, (a) reverse engineer, decompile or disassemble any portion of the site or tamper in any way with the operation of the site, or (b) insert or make use of any type of disabling device including, but not limited to, viruses, worms, Trojan horses, time bombs, or any similar device that may impair, damage, or interfere with the proper working order of the site. You acknowledge that the website owner reserves the right in its sole discretion to refuse or terminate access to the site by you at any time.
MyVanna Club Membership. MyVanna offers a subscription membership (the “MyVanna Club Membership”), which provides access to Member's Only Pricing, Free Domestic Shipping On All Orders, Access to Member's Only Collections & Static Membership Pricing Rates according to these Terms and as displayed to you at the time you enrolled. Company may change MyVanna Club Membership promotional terms from time to time but will not increase fees without reasonable advance notice to provide an opportunity for you to cancel. Company may also offer additional deals from time to time, which will be confirmed during the checkout process.
MyVanna Club Membership Trial & Subscription Terms
MyVanna Club Members will be qualified for instant access to our MyVanna Club Membership for every order they place on our website. Furthermore, if a MyVanna Club Member is not satisfied with their purchase(s), they are qualified for free returns and exchanges via express delivery at no cost at all.
Free 30-Day Trial Period If you enroll in a free trial period for the MyVanna Club Membership, you are not charged for 30 days from the date of purchase for the subscription membership (you will be charged for any physical products that you purchase). However, you will be required to provide payment information to pay for the MyVanna Club Membership fees, including any taxes, which will be due once the trial period ends, unless you cancel as outlined below. New members only.
Charges and Automatic Renewals On the day after your trial ends, your credit card or other payment method on file will be charged the MyVanna Club Membership fees and will automatically renew each billing period of 30 days until you cancel.
Cancellation. If you do not want to continue the MyVanna Club Membership after the trial period or if you wish to cancel the MyVanna Club Membership at any time by emailing us at email@example.com at least 3 days before the next billing period with your full name and the email and physical address associated with your use of the Service. Your failure to cancel or your continued use of the MyVanna Club Membership reaffirms that Company is authorized to charge you for, and you are responsible for paying, all MyVanna Club Membership fees.
Payment Methods. By providing a credit card or other payment method, including through the checkout process, express checkout, or using PayPal, Google Pay, or otherwise, you warrant that you are authorized to use the payment method and authorize Company and any third-party payment processors and billing agents to charge your payment method for the total amount due. If the payment method cannot be verified or is not accepted, your purchases and MyVanna Club Membership may be cancelled. These Terms shall constitute authorization to the issuer of the payment without requiring a signed receipt from you, and Company will not be liable for insufficient funds or charges incurred by you resulting from collection of fees. If you provide a debit card number instead of a credit card number, you authorize all charges to be applied to such debit card. Company reserves the right to correct any errors or mistakes for payment at any time.
Refunds. ALL SALES ARE FINAL WITH NO REFUNDS, including for physical products and the MyVanna Club Membership, unless otherwise indicated at checkout or as otherwise required by applicable law or determined by us in our sole discretion. If you qualify for a return in our sole discretion, your inquiries and returns should be directed to us as outlined below.
Restrictions on Use of Content
You acknowledge that the Content is the property of the website owner and is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws. In addition to the website owner ownership of the Content, the website owner or its licensors owns a copyright in the selection, coordination and arrangement of the Content. Nothing contained in this site shall be construed as conferring any license or right to any copyright, trademark or other proprietary interest of
myvanna.com or any third party. The site and the Content may not be copied, distributed, or reproduced in any way, without the prior written consent of
Links to Third Party Websites
The site may contain hyperlinks to websites operated by parties other than the website owner. Such hyperlinks are provided for your reference only. The website owner does not control such web sites and is not responsible for their contents. The website owner's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. The website owner is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such web sites, whether actual, alleged, consequential or punitive. The website owner makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
Disclaimer of Warranty; Limitation of Liability; Indemnity
IN NO EVENT WILL THE WEBSITE OWNER, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Trademarks and Service Marks
The trademarks, logos and service marks ("Marks") displayed on this site are registered, common law trademarks and are the property of the website owner or other third parties. You are not permitted to use the Marks without the prior written consent of the website owner or such third party which may own the Marks. Nothing on this site should be interpreted, by implication or otherwise, as granting permission or license to use the Marks, whether the website owner Marks or those of a third party.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of goods not limited to but including: lashes, eye care products, and check-up messages. Messages may include checkout reminders.
Cost and Frequency: Message and data rates may apply. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service
subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Minneapolis MN before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which MyVanna LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration
agreement in accordance with the Federal Arbitration Act (“FAA”).
The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.