Terms & Conditions


TERMS & CONDITIONS

In accordance with laws governing literary and artistic property rights or other similar rights, the reproduction or redistribution of elements that make up the Ferbs Cosmetics website, especially in regards to personal tattoo pictures and design, in whole or in part, is strictly prohibited.

All of the brands cited herein are registered trademarks.
Ferbs Cosmetics is happy to welcome you to our website (also referred to as “Site”). While we strive to ensure the accuracy of the information accessed via the website, we can not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material on the website, and declines all responsibility for technical inaccuracies or other errors. Ferbs Cosmetics (also referred to as “Ferbs”, “Ferbs, LLC” or “Company”) declines all responsibility for any difficulties encountered in accessing the site or for any communication line failure. We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site, and thoroughly hope that you enjoy your experience. If at any time you have an improvement to suggest to us, please don’t hesitate to contact us. We’d love to hear from you!

Our Guarantee
We are 100% committed to guaranteeing your satisfaction and encourage you to review our shipping policy or contact us with any questions or concerns. If for any reason you are not completely satisfied with your Ferbs Cosmetics Online purchase, simply return the unused product within 30 days and your account will be refunded within three to five business days of receipt of delivery. We regret that there is a 15% restocking fee and cannot refund opened or used products.

Products and Services for Personal Use
The products and services available on the Site, and any samples thereof we may provide to you from the Ferbs Cosmetics website, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

Account Eligibility
Currently, we do not provide Accounts or Credits to retailers but are considering it for the future.

Accounts may be granted to schools as long as the order is shipped to a legitimate school address. For schools ordering for the first time, you will be required to fax a copy of your order on school letterhead. We may not grant accounts to beauty schools.

Accounts may be granted to tattoo shops, dermatologist clinics and film production companies upon receipt of their references and billing information. Upon review of this information, an account will be opened immediately.

Accounts may also be granted to military and municipal organizations with products at retail rates. We sincerely value and admire your contribution to society and strive to find ways to return the favor. Please call us directly and ask for a sales representative to discuss the account possibilities at 1-866-993-3727.

Your Account
You may choose to create an account at our Site if you are over thirteen (13) years of age. Do not register if you are not over thirteen (13) years of age. If you are over thirteen (13) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password; and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in Ferbs Cosmetics’ best interests to do so.

Your Obligations and Responsibilities
While you access or use the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Ferbs Cosmetics, our affiliates, partners or licensors.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in Ferbs Cosmetics best interests to do so.

Price Changes
All prices are subject to change without notice. If you phone, fax or mail in an order, we are not obligated to advise you of price increases. If you want to be advised of current pricing, please request a formal price quote. Please be advised that a formal price quote may add a few business days to process your order.

Minimum Order
There are no minimum order requirements when purchasing products on our Ferbs Cosmetics consumer website at http://FerbsCosmetics.com.

If you are a Ferbs Cosmetic retailer than we may, in our sole discretion, choose to grant you access to the Ferbs Cosmetics Retail Division. Account holders are able to purchase Ferbs Cosmetics products at exclusive prices and quantities. Our smallest reorder packages consist of 5 products.

If you do not have an account but wish to take advantage of our package discounts please fill out our Retail Request Form.

Ferbs proudly supports non-profit organizations. If you feel your cause benefits the world – and Ferbs Cosmetics could help make a difference, we would love to be there, no matter how small of an order.

Confirming Purchase Orders
If you phone in an order and then follow it up with an official confirmation, be sure it states “Confirmation – Do Not Duplicate”. We will not be responsible for any duplicate shipments unless this statement appears on your paperwork.

Acknowledgments
We regret to state that we will not acknowledge any orders phoned, mailed or faxed to us. It is your responsibility to follow up on your orders.

Claims & Shortages
If your order indicates a back order (B/O), we will try to get this item to you as soon as possible. Many times we receive calls from people who think they have been short shipped, when in fact the item is on back order.

If your paperwork indicates an item was shipped, and it was not in your box, give us a call at 1-866-99-FERBS (1-866-993-3727).

If you receive a box that looks visibly damaged, do not sign for it. Examine the contents to see if any items are damaged. If you sign a UPS, Fed Ex or Truck receipt without noting damage or missing cartons, no claim will be issued to you. There is no doubt that shipments get lost or damaged, but we cannot help you if you sign for the shipment without noting damage.

Returns
Please do not return items without prior authorization. Our return policy is informal (no RA# will be issued) but we like to keep a look out for your return. For your protection and to ensure prompt delivery, we recommend that you send your return via UPS or insured Parcel Post. We’re sorry; return shipping fees are not refundable. In the case of damaged items, please refer to our shipping policy.

Discounts
Ferbs Cosmetics does offer discounts and promotional codes from time to time. Please be advised that PayPal, which we currently use to accept credit cards, cannot accept orders with a zero order balance, regardless of shipping charges. We apologize for any inconvenience this may cause.

All our prices for Retail have been priced accordingly. If you are placing an extremely large order, and we mean large, management can review your pricing. Please allow additional days to process your order.

Free Samples
We are extremely pleased with our product and excited to offer free samples of our Tattoo Undercover and Alibi product from time to time. If you request a sample, we may request and retain various information from you. Information gathered through product interest or purchases will not be sold or distributed to any third party. In the future we may, in our sole discretion, choose to share your personal information with companies that perform services for us and will always value and will treat your information as if it was our own.

Shipping Costs
Shipping charges are calculated on the high end, so your actual out-of-pocket cost may be lower than what the shipping calculator states for your territory. Actual shipping charges will be based on the UPS or Fed Ex rate for your package plus a shipping and handling fee.

During our busy seasons, February/March and September/October, it takes approximately three business days to prepare an order for shipment. During this period, if you need your order immediately, you should choose one of our expedited shipping options.

For complete guidelines and more information please read our Shipping Policy.

Accuracy of Information
We attempt to be as accurate as possible when describing our products on our websites. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the websites are accurate, complete, reliable, current, or error-free.

Intellectual Property
All information and content available on the Site, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Ferbs, LLC, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.

Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing and/or screen-capturing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms & Conditions.

Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, vendor, supplier, school or institution. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

User Participation
Ferbs Cosmetics does not and cannot review all communications and materials posted to or created by users accessing FerbsCosmetics.com and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on FerbsCosmetics.com, Ferbs Cosmetics is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on FerbsCosmetics.com. However, Ferbs Cosmetics reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Ferbs Cosmetics at our sole discretion. Note that any personally identifiable information you may post or transmit will be treated in accordance with our Privacy Statement.

User Content
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on FerbsCosmetics.com, you are entirely responsible for such User Content. Such User Content constitutes a Submission under the above notation. This means that all third parties, and not we, are entirely responsible for all User Content that they post to FerbsCosmetics.com.

You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on FerbsCosmetics.com User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”

You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.

We do not endorse or control the User Content transmitted or posted on FerbsCosmetics.com and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using FerbsCosmetics.com, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via FerbsCosmetics.com.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms & Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

No Waiver
The failure on the part of Ferbs Cosmetics to enforce any part of these Terms shall not constitute a waiver of any of Ferbs Cosmetics’ rights hereunder for past or future actions.

Digital Millennium Copyright Act Notice Policy
Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
  • Identification of the copyrighted work(s) that you claim has been infringed;
  • A description of the material that you claim is infringing and the location of that material on FerbsCosmetics.com;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

DISCLAIMER
WHILE THE COMPANY ENDEAVOURS TO ENSURE THAT THE INFORMATION ON THE WEBSITE IS CORRECT, THE COMPANY DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIAL ON THE WEBSITE. THE COMPANY MAY MAKE CHANGES TO THE MATERIAL ON THE WEBSITE, OR TO THE PRODUCTS AND PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON THE WEBSITE MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL.

THE MATERIAL ON THE WEBSITE IS PROVIDED “AS IS”, WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PROVIDES YOU WITH THE WEBSITE ON THE BASIS THAT THE COMPANY EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, INCLUDING, WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL WHICH, BUT FOR THESE TERMS, MIGHT HAVE EFFECT IN RELATION TO THE WEBSITE.

LIABILITY
Ferbs LLC, Ferbs Cosmetics, FerbsCosmetics.com, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE), AND ANY OF Ferbs Cosmetics’ GROUP COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR ANY KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE (INCLUDING WITHOUT LIMITATION, ANY DIRECT LOSS OR DAMAGES OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE AND ANY INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES).

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT Ferbs Cosmetics’ LIABILITY FOR:

  • DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM IS DEFINED BY THE UNFAIR CONTRACT TERMS ACT 1977); OR
  • FRAUD; OR
  • ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    YOU ASSUME ALL COSTS IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA.

THE COMPANY DOES NOT WARRANT THAT FUNCTIONS CONTAINED IN THE WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE’S SERVER IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR BUGS.

Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of FerbsCosmetics.com or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Disputes
With respect to any dispute regarding FerbsCosmetics.com, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within California Any dispute relating in any way to your visit to FerbsCosmetics.com shall be submitted to confidential arbitration in California and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.

Severance
If any of these Terms shall be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with California Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of California, USA.

Contact
For issues related to your order, account, website, product availability or concerns or other general questions or comments – please email us using our Contact Form.

For more information on distributing Ferbs Cosmetics products or for a list of Ferbs Cosmetics Retail Distributors, Tattoo Shops/Stores and to suggest places/events/opportunities we should be a part of – please email us using the Retail Request Form.

Email our Resident Dermatologist for makeup advice, application tips, color treatment and removal tips and Ask A Doctor.

US & Canadian orders, product use and site questions, call Toll Free: 1-866-99-FERBS (or 1-866-993-3727)


Ferbs, LLC
Los Angeles, California
Toll Free: 1-866-993-3727

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Terms & Conditions last updated: July 2011


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